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HomeMy WebLinkAbout2006-11-21; City Council; 18814; Fenton Carlsbad Research CenterCITY OF CARLSBAD - AGENDA BILL 8 AB# 18,814 MTG. 11/21/06 DEPT. PLN FENTON CARLSBAD RESEARCH CENTER GPA 06-01/ZC 06-01 DEPT. HEAD \^[^ CITY ATTY. (gZ- CITY MGR. jiE> RECOMMENDED ACTION: That the City Council INTRODUCE Ordinance No. NS-823 and ADOPT Resolution No. 2006-342 ADOPTING a General Plan Amendment 06-01. ITEM EXPLANATION: , APPROVING Zone Change 06-01 Negative Declaration and APPROVING Project Applications Negative Declaration GPA 06-01 ZC 06-01 SDP 06-03 Reviewed by and Final Planning Commission X To be reviewed and Final at City Council X X X On October 4, 2006, the Planning Commission conducted a public hearing and recommended to the City Council approval (5-0 - Commissioners Dominguez and Montgomery absent) of a Negative Declaration, General Plan Amendment and Zone Change to change the General Plan Land Use and Zoning designations from Planned Industrial (PI) to Office (O) on a 3.5 acre parcel generally located on the west side of El Camino Real between College Boulevard and Faraday Avenue in Local Facilities Management Zone 5. At the same hearing, the Planning Commission also approved (5-0) a Site Development Plan to construct a 40,655 square foot medical office building. The approval of the Site Development Plan was final at the Planning Commission. Except for a brief statement from the applicant's representative, no public testimony was offered at the Planning Commission hearing. A full disclosure of the Planning Commission's actions and a complete description and staff analysis of the proposed project are included in the attached minutes and Planning Commission staff report. The Planning Commission and staff are recommending approval of the proposed General Plan Amendment and Zone Change. FISCAL IMPACT: All public infrastructures required for this project will be funded and/or constructed by the developer. ENVIRONMENTAL IMPACT: Staff has 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. The project does not have any impacts to any significant native or wetland habitats or wildlife species identified as candidate, sensitive or FOR CITY CLERKS USE ONLY. . / COUNCIL ACTION: APPROVED X DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 - GPA 06-01/ZC 06-01 - Fenton Carlsbad Research Center special status by the wildlife agencies and is identified as a development area within the HMP. In consideration of the foregoing, the Planning Director issued a Notice of Intent to adopt a Negative Declaration for the project on July 20, 2006. No comments were received during the 20-day public review period (July 20, 2006 - August 9, 2006). GROWTH MANAGEMENT STATUS: Local Facilites Management Plan Special Facility Fee (Parks) 5 $.40/sqft EXHIBITS: NS-823 2006-342 1. City Council Ordinance No.. 2. City Council Resolution No. 3. Location Map 4. Planning Commission Resolutions No. 6164, 6165 and 6166 5. Planning Commission Staff Report, dated October 4, 2006 6. Excerpts of Planning Commission Minutes, dated October 4, 2006. DEPARTMENT CONTACT: Van Lynch (760) 602-4613 vlvn@ci.carlsbad.ca.US \ 1 ORDINANCE NO. NS-823 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF 3 THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 06-01, 4 FROM PLANNED INDUSTRIAL TO OFFICE ON A 3.5-ACRE PARCEL GENERALLY LOCATED ON THE WEST SIDE OF EL 5 CAMINO REAL BETWEEN COLLEGE BOULEVARD AND FARADAY AVENUE IN LOCAL FACILITIES MANAGEMENT 6 ZONE 5. CASE NAME: FENTON CARLSBAD RESEARCH CENTER 7 CASE NO.: ZC 06-01 8 The City Council of the City of Carlsbad, California, does hereby resolve as follows:9 SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the 10 zoning map, is amended as shown on the map marked Exhibit "ZC 06-01," dated October 4, 2006 attached hereto and made a part hereof.12 M 13 SECTION II: That the findings and conditions of the Planning Commission as set 14 forth in Planning Commission Resolution No. 6166 constitute the findings and conditions of the 15 City Council. ^ EFFECTIVE DATE: This ordinance shall be effective thirty days after its 17 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be 1R10 published at least once in a newspaper of general circulation within fifteen days after its 1" adoption.20 ///21 ///22 ///23 ///24 /// 25 ///26 ///27 ///28 /// 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 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 21st day of November, 2006, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the day of , 2006, by the following vote: 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) Exhibit ZC 06-01 Fenton Carlsbad Research Center October 4, 2006 EXISTING PROPOSED Related Case File No(s): GPA 06-01 /SDP 06-03 G.P. Map Designation Change Property A. 2 12-02 1-0 1-00 B. C. D. From: PM To: 0 1 RESOLUTION NO. 2006-342 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A NEGATIVE 3 DECLARATION FOR A ZONE CHANGE AND GENERAL PLAN AMENDMENT AND APPROVING A GENERAL PLAN 4 AMENDMENT TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM PLANNED INDUSTRIAL (PI) TO OFFICE 5 (O) ON A 3.5-ACRE PARCEL GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO REAL BETWEEN COLLEGE 6 BOULEVARD AND FARADAY AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 5. 7 CASE NAME: FENTON CARLSBAD RESEARCH CENTER 8 CASE NO.: GPA 06-01/ZC 06-01 9 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 10 Commission did, on October 4, 2006, hold a duly noticed public hearing as prescribed by law to 11 consider a Negative Declaration and General Plan Amendment; and 12 WHEREAS, the City Council of the City of Carlsbad, on the 21 sf day of NTnvpmhpr 2006, held a duly noticed public hearing to consider said Negative Declaration and General Plan Amendment and at that time received recommendations, objections, protests, comments of all persons interested in or opposed to the Negative Declaration and/or GPA 06-01; and 17 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 1 Q Carlsbad, California, as follows: 19 1. That the above recitations are true and correct. 20 2. That the findings and conditions of the Planning Commission as set forth in 21 Planning Commission Resolutions No. 6164 and 6165 on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the City Council. 22 3. That the application for a Negative Declaration and General Plan Amendment on 23 property generally located west of El Camino Real between College Boulevard and Faraday Avenue is approved as shown in Planning Commission Resolutions No. 6164 and 6165. 4. That the application for a General Plan Amendment to change the Land Use designation on property from Planned Industrial (PI) to Office (O) on land generally located west of El Camino Real between College Boulevard and Faraday Avenue as shown in Planning Commission Resolution No. 6165, is hereby accepted, approved in concept, and shall be 27 formally approved with a future GPA Batch. 28 1 5. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, 'Time Limits for Judicial Review" 2 shall apply: 3 "NOTICE TO APPLICANT" 4 The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in 6 the appropriate court not later than the nineteenth day following the date on which this decision becomes final; however, if within ten days after the ' decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such ° record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of 1 Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 City Council of the City of Carlsbad on the 21st day of November, 2006, by the following vote: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None >, Mayor ATTEST: _L "LORRAINE M. WOOD, City Clerk (SEAL) EXHIBIT 3 SITEMAP NOT TO SCALE Fenton Carlsbad Research Center G PA 06-01/ZC 06-01 EXHIBIT 4 1 PLANNING COMMISSION RESOLUTION NO. 6164 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A NEGATIVE DECLARATION FOR A 4 GENERAL PLAN AMENDMENT TO CHANGE THE , GENERAL PLAN LAND USE ELEMENT DESIGNATION FROM PLANNED INDUSTRIAL TO OFFICE, A ZONE 5 CHANGE TO CHANGE THE ZONING FROM PLANNED INDUSTRIAL TO OFFICE, AND A SITE DEVELOPMENT 7 PLAN TO DEVELOP A 3.5-ACRE PARCEL WITH A 40,655-SQUARE-FOOT MEDICAL OFFICE BUILDING 8 GENERALLY LOCATED - ON THE WEST SIDE OF 9 ELCAMINO REAL BETWEEN COLLEGE BOULEVARD AND FARADAY AVENUE IN LOCAL FACILITIES 10 MANAGEMENT ZONE 5. CASE NAME: FENTON CARLSBAD RESEARCH CENTER 11 CASE NO.: GPA 06-01/ZC 06-01/SDP 06-03 12 WHEREAS, Fenton Carlsbad Research Center LLC, "Developer/Owner" has 13 filed a verified application with the City of Carlsbad regarding property described as 14 Lot 1 of Carlsbad Tract 00-20, in the City of Carlsbad, County * of San Diego, State of California, according to the map thereof , g No. 15253, filed in the office of the County Recorder of San Diego County January 30,2006 17 ("the Property"); and 18 WHEREAS, a Negative Declaration was prepared in conjunction with said 20 project; and 21 WHEREAS, the Planning Commission did on the 4th day of October, 2006, hold 22 a duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, examining the initial study, analyzing the information submitted by staff, and 25 considering any written comments received, the Planning Commission considered all factors26 27 relating to the Negative Declaration. 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 10 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) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS ADOPTION of the Negative Declaration, Exhibit "ND," dated according to Exhibits "NOI" dated July 20, 2006, and "PII" dated July 13, 2006, 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 Negative Declaration, FENTON CARLSBAD RESEARCH CENTER - GPA 06-01/ZC 06-01/SDP 06-03, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and b. The 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 c. It reflects the independent judgment of the Planning Commission of the City of Carlsbad; and d. Based on the EIA Part II and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. PCRESONO. 6164 -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 4th day of October, 2006, by the following vote, to wit: AYES: Commissioners Baker, Cardosa, Heineman, Segall, and Whitton NOES: ABSENT: Chairperson Montgomery and Commissioner Dominguez BSTAIN: JULIE BN&KEJgl Vice Chairperson CARLSBATSPLANNING COMMISSION ATTEST: SLTi DON NEU Assistant Planning Director PCRESONO. 6164 -3- FILE COPY City of Carlsbad Planning Department CASE NAME: CASE NO: PROJECT LOCATION: NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION Fenton Carlsbad Research Center GPA 06-01/ZC 06-017 SDP 06-03 North side of Salk Ave between El Camino Real and College Blvd. Carlsbad. San Diego County APN 212-020-23-00 PROJECT DESCRIPTION: The project consists-of a General Plan Amendment to change the General Plan Land Use designation of the site from Planned Industrial to Office. A Zone Change is to reflect the proposed Land Use changes from Planned Industrial Zoning to Office Zoning. A Site Development Plan is for the construction of a two-story 40,655 square foot Medical Office building on an existing 3.5 acre parcel. The site is a previously graded industrial pad with utility services provided. 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 (EIA Part 2) did not identify any potentially significant impacts on the environment. Therefore, a Negative Declaration will be recommended for adoption by the City of Carlsbad City Council. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 20 days of the date of this notice. The proposed project and 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 Van Lynch in the Planning Department at (760) 602-4613. PUBLIC REVIEW PERIOD July 20.2006 through August 9. 2006 PUBLISH DATE July 20, 2006 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ENVIRONMENTAL IMPACT ASSESSMENT FORM - INITIAL STUDY CASE NO: GPA 06-01/ZC 06-01/SDP 06-03 DATE: July 13. 2006 BACKGROUND 1. CASE NAME: Fox/Miller Lot 1 GPA/ZC 2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad 3. CONTACT PERSON AND PHONE NUMBER: Van Lynch (760) 602-4613 4. PROJECT LOCATION: North side of Salk Ave between El Camino Real and College Blvd. Carlsbad. San Diego County. APN 212-020-23-00 5. PROJECT SPONSOR'S NAME AND ADDRESS: Fenton Carlsbad Research Center. LLC. 7577 Mission Vallev Road. San Diego CA 92108 6. GENERAL PLAN DESIGNATION: Existing Planned Industrial (TO (proposed Office f Ott 7. ZONING: Existing Planned Industrial (PM) (proposed Office (O)) 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): None 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: The project consists of a General Plan Amendment to change the General Plan Land Use designation of the site from Planned Industrial to Office. A Zone Change is to reflect the proposed Land Use changes from Planned Industrial Zoning to Office Zoning. A Site Development Plan is for the construction of a two-story 40,655 square foot Medical Office building on an existing 3.5 acre parcel. The site is a previously graded industrial pad with utility services provided. Site access is provided via a driveway off of Salk Avenue. The site is surrounded by Open Space General Plan Land Use designated property. Beyond the open space is industrially designated property developed as professional office buildings. The environmental impacts of the development of the site were evaluated in the previously approved Mitigated Negative Declaration for the Fox Miller project (CT 00-20) which subdivided and graded the project site. Rev. 02/22/06 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. \\ Aesthetics Agricultural Resources I | Air Quality Biological Resources | | Cultural Resources | | Geology/Soils Noise Hazards/Hazardous Materials LI Population and Housing j Hydrology/Water Quality | | Public Services Land Use and Planning Mineral Resources Mandatory Findings of Significance I Recreation Transportation/Circulation Utilities & Service Systems Rev. 02/22/06 DETERMINATION. D n 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. PlanniAg'Director's Signature Rev. 02/22/06 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment (ELA) 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-Initial Study", if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. Rev. 02/22/06 '1 • 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-Initial Study 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 after each related set of questions. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. Rev. 02/22/06 Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact D D I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? The project is proposed along Salk Avenue and will be visible from El Camino Real, a designated scenic corridor. The project would not have an impact as the project is setback over 200 feet from the roadway which would help preserve.distant views and reduce a corridor effect caused by buildings being placed near the roadway. The site is Land Use designated as a Planned Industrial building site and the change of the site to an Office Land Use designation would not have any negative effects above those analyzed with the previous land use designation as the same type, intensity and design of building could be developed under either land use designation. II. 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? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D Rev. 02/22/06 The site is a previously graded industrial pad and does not support agricujrural uses and is not under Williamson Act contracts. III. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) 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)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D D X Rev. 02/22/06 a) No Impact. The project site is located in the San Diego Air Basin which is a state non-attainment area for ozone (O3) and for participate matter less than or equal to 10 microns in diameter (PMi0). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland 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 Environmental 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 regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. b) Less Than Significant Impact. The closest air quality monitoring station to the project site is at Camp Pendleton. Data available for this monitoring site from 2000 through December 2004, indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (a total of 10 days during the 5-year period). No other violations of any air quality standards have been recorded during the 5-year time period. The project would involve minimal short-term emissions associated with finish 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. Rev. 02/22/06 c) Less Than Significant Impact. The air basin is currently in a state 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 15130(a)(4), the proposed project's contribution to the cumulative impact is considered de minimus. Any impact is assessed as less than significant. d) No impact. As noted above, the proposed 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. e) 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. IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service?) b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? 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? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D n n Rev. 02/22/06 f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? a The project site is a previously graded industrial pad and does not contain any flora or fauna. The adjacent Brodiaea Filifolia (Thread Leaved Brodiaea) open space preserve area will not be impacted by the project as adequate setbacks, drainage and light shielding are provided. V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the signifi- cance of an archeo logical resource pursuant to §15064.5? c) Directly or indirectly destroy a unique pale ontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Potentially Significant Impact Potentially Significant Unless Less Than Mitigation Significant No Incorporated Impact Impact The project site is a previously graded industrial pad and does not contain any cultural resources. 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. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 10 Rev. 02/22/06 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 (1997), creating substantial risks to life or property? 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? D D D D D D a) - e) The project site is a previously graded industrial pad which has been graded pursuant to the grading standards of the City of Carlsbad. VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D n Rev. 02/22/06 d) Be located on a site which is included on a list of I I 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? e) For a project within an airport land use plan, or I I where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, I I would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with I I I an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of I I ^? loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? a) - d) and f) - h) The project site does not contain nor is adjacent to hazardous materials. e) The site was reviewed by the San Diego County Airport Authority for consistency with the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). The Authority found the Land Use amendment project is conditionally consistent with the ALUCP. The project has been modified to incorporate the conditions which requires development within this area to be kept free of intensive development and all uses which involve the assembly of large groups of people (more than one hundred (100) persons per assembly area (as defined by the California Building Code Group A Occupancy). VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? 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)? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D 12 Rev. 02/22/06 c) 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? d) 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? e) 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? f) Otherwise substantially degrade water quality? g) 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? h) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? i) 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? j) Inundation by seiche, tsunami, or mudflow? 13 Rev. 02/22/06 Impact, a) - j) Development of the Proposed Project site would result in an increase in the cumulative amounts of urban pollutants entering Agua Hedionda Creek and Agua Hedionda Lagoon. Although the cumulative contribution to urban runoff would be minimal and would not result in water pollution and/or contamination that would significantly impact human health and safety or biological communities, impacts are regarded as significant. Finding. With the incorporation of the mitigation measures contained in Mitigated Negative Declaration of the Fox/Miller project CT 00-20, the identified potentially significant impact would be avoided and thereby reduced to below a level of significance. The required mitigation measures include: (1) designing and incorporating the current Best Management Practices and Best Available Technologies (BMPs and BATs) available at that time for pollution control and erosion/siltation control, as referenced in the "California Storm Water Best Management Practices Handbook" and meeting all regulatory standards; (2) in conjunction with the sale, rental or lease of business property, all prospective owners and tenants shall be notified in writing of the requirements for properly disposing of toxic and hazardous waste products; and (3) applicable standards of the National Pollutant Discharge Elimination System (NPDES) permit for the San Diego County area shall be met. Factual Support and Rationale. The new storm water point source discharge requirements apply to urban pollutant elimination. In addition, the project applicant will be required to educate occupants as to the need to eliminate or reduce general non-residential pollution entering the storm drain systems. Regulating the source, plus onsite detention and filtering, all consistent with the RWQCB order No. 2001-1, will further reduce urban pollutants from entering the lagoon and ocean. IX. LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the ' project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated D D D Less Than Significant No Impact Impact n m a) - c) The proposed General Plan Land Use change from Planned Industrial to Office will not have an impact in that the site will be developed as an Office building which could be built under the Planned Industrial Land Use designation. The difference in the use of the building would be that the Office uses would allow the sales of goods and services to the general public whereas the Planned Industrial office uses are not retail in nature, do not cater to the general public, and do not generate walk-in or drive-in traffic and are incidental to the industrial uses in the vicinity. The proposed development of an Office Land Use would not have an impact on the Industrial Park in that the site is located along El Camino Real, a prime arterial roadway, and would not bring traffic into the industrial parks. The site is separated from other industrial uses by significant open space areas and the proposed Office land use would not bias the ability of industrial users to conduct uses allowed in the industrial zone. Other uses in the immediate area are professional Office and light manufacturing uses. 14 Rev. 02/22/06 X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan?) a) and b) The site is not known for any significant mineral resources. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact n XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive 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? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D D 15 Rev. 02/22/06 a) - f) The project will not create or be subject to excessive noise or ground borne vibration. The project site is not located in the vicinity of a private airstrip. The project is located outside the 60 CNEL noise contour of the McClellan Palomar airport. 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? Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated D Less Than Significant No Impact Impact a) - c) The project will not induce substantial growth or displace homes or people as none exist on the site. 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 16 Rev. 02/22/06 a) The proposed project is in compliance with the City of Carlsbad's Growth Management Plan and is not exceeding the development projections anticipated for the site or the northwest quadrant. As a result the project will have no impacts on public services. 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? b) 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D a) and b) The proposed project will not generate uses that would substantially cause physical deterioration to a regional or existing neighborhood park or require expansion of existing facilities. XV. TRANSPORTATION/TRAFFIC - Would the project: a)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)? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safely risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e. Result in inadequate emergency access?) f. Result in insufficient parking capacity?) Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D 17 Rev. 02/22/06 g. Conflict with adopted policies, plans, or programs supporting alternative transportation a) Less Than Significant Impact. The project will generate 2,033 Average Daily Traffic (ADT) and 224 peak hour trips. This traffic will utilize the following roadways: El Camino Real, College Blvd and Salk Avenue. The Fox Miller project analyzed the traffic for this site as 47,000 sq ft of medical office development generating 2,350 ADT. The original project incorporated mitigation measures to reduce traffic impacts. b) Less Than Significant Impact. SANDAG acting as the County Congestion Management Agency 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 Existing and Buildout average daily traffic (ADT) and Existing LOS on these designated roads and highways in Carlsbad is: Existing APT* LOS Buildout ADT* Rancho Santa Fe Road 17-35 "A-D" 35-56 El Camino Real 27-49 "A-C" 33-62 Palomar Airport Road 10-57 "A-D" 30-73 SR78 124-142 "F" 156-180 1-5 199-216 "D" 260-272 * The numbers are in thousands of daily traffic. The Congestion Management Program's (CMP) acceptable Level of Service (LOS) standard is "E", or LOS "F" if that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS "F" in 1990). Accordingly, all designated roads and highways are currently operating at or better than the acceptable standard LOS. Note that the buildout ADT projections are based on the full implementation of the region's general and community plans. The proposed project is consistent with the general plan and, therefore, its traffic was used in modeling the buildout projections. Achievement of the CMP acceptable Level of Service (LOS) "E" standard assumes implementation of the adopted CMP strategies. Based on the design capacity(ies) of the designated roads and highways and implementation of the CMP strategies, they will function at acceptable level(s) of service in the short-term and at buildout. c) No Impact. The proposed project does not include any aviation components. The project is consistent with the Comprehensive Land Use Plan for the McClellan-Palomar Airport. It would not, therefore, result in a change of air traffic patterns or result in substantial safety risks. No impact assessed. d) 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) No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. No impact assessed. f) No Impact. The proposed project is not requesting a parking variance. Additionally, the project would comply with the City's parking requirements to ensure an adequate parking supply. No impact assessed. g) No Impact. The project is near public transportation. 18 Rev. 02/22/06 3i XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) 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? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact n n D n n n n a) - g) The proposed medical office 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 industrial/professional office uses and wastewater treatment facilities were planned and designed to accommodate industrial/professional office uses 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 project will increase the demand for these facilities. However, the proposed 40,655 square feet of office 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 facility supplies, wastewater treatment or storm water drainage facilities. Existing waste disposal services are adequate to serve the proposed subdivision without exceeding landfill capacity. In addition, the proposed development will be required to comply with all federal, state, and local statues and regulations related to solid waste. 19 Rev. 02/22/06 XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of 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?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 20 Rev. 02/22/06 a) - c) The proposed project will not degrade the quality of the environment. The project site does not contain any sensitive fish or wildlife species. Therefore, the project will not reduce the habitat of a fish or wildlife species. The project site is vacant and graded, currently undeveloped, and is surrounded by open space and office projects under development. The site is not identified by any habitat conservation plan as containing a protected, rare or endangered plant or animal community. The project will not threaten a plant or animal community. In addition, there are no historic structures on the site and there are no known cultural resources on the site. The project will not result in the elimination of any important examples of California History or prehistory. 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 standard, 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 described above, the project would contribute to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, air quality would be essentially the same whether or not the development is implemented. 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 had 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 impacts from the project to the regional circulation system are less than significant. With regard to any other potential impacts associated with the project, City standards and regulations will ensure that development of the site will not result in any significant cumulatively considerable impacts. Based upon the Professional Office nature of the project and the fact that future development of the site will comply with City standards, the project will not result in any direct or indirect substantial adverse environmental effects on human beings. 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. EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES 21 Rev. 02/22/06 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. Storm Water Management Plan. Lot 1 Fenton Carlsbad Research Center. Chang Consultants, March 3, 2006. 2. Traffic Impact Analysis Ventana Real Project. Willdan, March 13,2006. 3. Update Geotechnical Investigation. Carlsbad Tract 00-20. Carlsbad. California. Geocon Incorporated. April 22, 2004. 22 Rev. 02/22/06 1 PLANNING COMMISSION RESOLUTION NO. 6165 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A GENERAL PLAN AMENDMENT TO 4 CHANGE THE GENERAL PLAN LAND USE ELEMENT , DESIGNATION FROM PLANNED INDUSTRIAL TO OFFICE ON A 3.5-ACRE PARCEL GENERALLY LOCATED ON THE 6 WEST SIDE OF EL CAMINO REAL BETWEEN COLLEGE BOULEVARD AND FARADAY AVENUE IN LOCAL 7 FACILITIES MANAGEMENT ZONE 5. CASE NAME: FENTON CARLSBAD RESEARCH CENTER 8 CASE NO: GPA 06-01- 9 WHEREAS, Fenton Carlsbad Research Center LLC, "Developer/Owner" has 10 filed a verified application with the City of Carlsbad regarding property described as Lot 1 of Carlsbad Tract 00-20, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof 13 No. 15253, filed in the office of the County Recorder of San Diego County January 30,2006 14 ("the Property"); and15 ,,- WHEREAS, said verified application constitutes a request for a General Plan 17 Amendment as shown on Exhibit "GPA 06-01" dated October 4, 2006, attached hereto and on 18 file in the Carlsbad Planning Department, FENTON CARLSBAD RESEARCH CENTER - 19 GPA 06-01, as provided in Government Code Section 65350 et seq. and Section 21.52.160 of 20 the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on the 4th day of October, 2006, 22 _- hold a duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 9/-0 relating to the General Plan Amendment. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. , o (o B) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDS APPROVAL of FENTON CARLSBAD RESEARCH CENTER - GPA 06-01, based on the following findings and subject to the 3 following conditions: Findings: 1. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated October 4, 2006, including, but not limited to the following: 7 Land Use: The proposed amendment to change the Land Use designation of a 8 3.5-acre site from Planned Industrial (PI) to Office (O) is for the purpose of developing a professional medical office building. The proposed Office Land Use designation would be compatible with adjacent Planned Industrial and Open Space Land Uses. Land Use: The project is not adjacent to the McClellan-Palomar Airport, is not subject to the height limitations in the McClellan-Palomar Airport Land 12 Use Compatibility Plan (ALUCP), is located outside the 60 dB CNEL noise contour, is outside the Runway Protection Zone, and has been determined to 3 be consistent, as conditioned, with the McClellan-Palomar Airport ALUCP by the San Diego County Regional Airport Authority on March 6,2006. 15 Circulation: The change of Land Use to Office does not significantly increase the projected traffic generation. Therefore, the proposed changes would not 16 result in any new significant project traffic impacts. The existing El Camino Real, College Boulevard, and Salk Avenue roadways are adequate to handle *' the traffic generated by the proposed medical office use. 18 Open Space and Conservation: The proposed project maintains adequate 19 buffers from native habitat areas and is consistent with the adopted Habitat Management Plan. 20 2. The Planning Commission has reviewed each of the exactions imposed on the Developer 21 contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 23 Conditions: 24 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 25 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 28 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this General Plan Amendment. PCRESONO. 6165 -2- 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 2 and modifications to the General Plan Amendment documents, as necessary to make them internally consistent and in conformity with the final action on the project. 3 Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval shall require an amendment to this approval. 4 , 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 6 4. If any condition for construction of any public improvements or facilities, or the payment 7 of any fees in lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 10 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly 13 or indirectly, from (a) City's approval and issuance of this General Plan Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or 14 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the , r facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's 17 approval is not validated. 18 6. This approval is granted subject to the adoption of the Negative Declaration and approval of ZC 06-01 and is subject to all conditions contained in Planning Commission Resolutions No. 6164 and 6166 for those other approvals. 20 21 22 23 24 25 26 27 28 PCRESONO. 6165 -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, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 4th day of October, 2006, by the following vote, to wit: AYES: Commissioners Baker, Cardosa, Heineman, Segall, and Whitton NOES: ABSENT: Chairperson Montgomery and Commissioner Dominguez ABSTAIN: JULIE CARL ATTEST: , Vice Chairperson LANNING COMMISSION DON NEU Assistant Planning Director PCRESONO. 6165 .4. Exhibit GPA 06-01 Fenton Carlsbad Research Center October 4, 2006 EXISTING PROPOSED Related Case File No(s): ZC 06-01 / SDP 06-03 G.P. Map Designation Change Property A. 2 12-02 1-0 1-00 B. C. D. From: PI To: O 1 PLANNING COMMISSION RESOLUTION NO. 6166 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM PLANNED 4 INDUSTRIAL (PM) TO OFFICE (O) ON A 3.5-ACRE PARCEL , GENERALLY LOCATED ON THE WEST SIDE OF ELCAMINO REAL BETWEEN COLLEGE BOULEVARD 6 AND FARADAY AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 5. 7 CASE NAME: FENTON CARLSBAD RESEARCH CENTER CASE NO: ZC 06-018 9 WHEREAS, Fenton Carlsbad Research Center LLC, "Developer/Owner" has 10 filed a verified application with the City of Carlsbad regarding property described as 11 Lot 1 of Carlsbad Tract 00-20, in the City of Carlsbad, County 1 _ of San Diego, State of California, according to the map thereof No. 15253, filed in the office of the County Recorder of San 13 Diego County January 30, 2006 14 ("the Property"); and * ^ WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit "ZC 06-01" dated October 4, 2006, attached hereto and on file in the Planning 17 Department, FENTON CARLSBAD RESEARCH CENTER - ZC 06-01, as provided by 18 Chapter 21.52 of the Carlsbad Municipal Code; and 20 WHEREAS, the Planning Commission did on the 4th day of October, 2006, hold 21 a duly noticed public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony 23 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 24 relating to the Zone Change. 25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning26 27 Commission as follows: 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 FENTON CARLSBAD RESEARCH 1 CENTER - ZC 06-01, based on the following findings and subject to the 2 following conditions: 3 Findings: 4 1. That the proposed Zone Change from Planned Industrial to Office is consistent with the r goals and policies of the various elements of the General Plan, in that the proposed Office designation would implement the Office General Plan Land Use designation 6 and would be compatible with surrounding uses of Planned Industrial to the south and west and surrounding Open Space. The site is topographically suitable for the 7 development of Office type uses, as the developable portion is graded for office type development. The site is isolated from other uses by open space, and traffic can access the site from El Camino Real without having to go through the industrial n park. The proposed Office land use designation would not result in any unavoidable adverse impacts to the area. 10 2. That the Zone Change will provide consistency between the General Plan and Zoning as 11 mandated by California State law and the City of Carlsbad General Plan Land Use Element, in that the Office zone is intended to implement the Office General Plan Land Use designation. 13 3. That the Zone Change is consistent with the public convenience, necessity, and general 14 welfare, and is consistent with sound planning principles in that the proposed location is necessary and desirable to provide medical services to the community, which will 1 ^ contribute to the well-being of people in the community. The proposed uses will not , s be detrimental to the health, safety, or welfare of persons working or living in the vicinity, or injurious to property or improvements in the vicinity in that adequate 17 separation of uses is proposed. The site is isolated from other uses by open space, and traffic can access the site from El Camino Real without having to go through 18 the industrial park. 19 4. The Planning Commission has reviewed each of the exactions imposed on the Developer 2Q contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 21 degree of the exaction is in rough proportionality to the impact caused by the project. 22 Conditions: 23 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 24 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 25 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 27 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 28 or a successor in interest by the City's approval of this Zone Change. PCRESONO. 6166 -2- 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 2 and modifications to the Zone Change documents, as necessary to make them internally consistent and in conformity with the final action on the project. " Development shall 3 occur substantially as shown on the approved Exhibits. Any proposed development different from this approval shall require an amendment to this approval. 4 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 6 4. If any condition for construction of any public improvements or facilities, or the payment 7 of any fees in lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid o unless the City Council determines that the project without the condition complies with all requirements of law. 10 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 11 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly 13 or indirectly, from (a) City's approval and issuance of this Zone Change, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, 14 in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other ,,- energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 17 6. This approval is granted subject to the approval of the Negative Declaration and 18 GPA 06-01 and is subject to all conditions contained in Planning Commission Resolutions No. 6164 and 6165 for those other approvals. 20 21 22 23 24 25 26 27 28 PCRESONO. 6166 -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 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 4th day of October, 2006, by the following vote, to wit: AYES: NOES: Commissioners Baker, Cardosa, Heineman, Segall, and Whitton ABSENT: Chairperson Montgomery and Commissioner Dominguez ABSTAIN: JULIE CARLS ATTEST: , Vice Chairperson LANNING COMMISSION DONNEU Assistant Planning Director PCRESONO. 6166 -4- The City of Carlsbad Planning Department EXHIBITS A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: October 4, 2006 Application complete date: March 8, 2006 Project Planner: Van Lynch Project Engineer: Frank Jimeno SUBJECT: GPA 06-01/ZC 06-01/SDP 06-03 - FENTON CARLSBAD RESEARCH CENTER - Request for a recommendation of adoption of a Negative Declaration and a recommendation of approval for a General Plan Amendment to change the General Plan Land Use Element designation from Planned Industrial to Office and a Zone Change to change the Zoning from Planned Industrial to Office and a request for approval of a Site Development Plan to develop a 3.5-acre parcel with a 40,655 square foot medical office building generally located on the west side of El Camino Real between College Boulevard and Faraday Avenue in Local Facilities Management Zone 5. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6164 RECOMMENDING ADOPTION of a Negative Declaration and ADOPT Planning Commission Resolutions No. 6165 and 6166 RECOMMENDING APPROVAL of General Plan Amendment 06-01 and Zone Change 06-01 and ADOPT Planning Commission Resolution No. 6167 APPROVING Site Development Permit 06-03 based on the findings and subject to the conditions contained therein. II. INTRODUCTION The 3.5-acre project site is located on the west side of El Camino Real between College Boulevard and Faraday Avenue in Local Facilities Management Zone 5. The proposed project consists of a General Plan Amendment to the Land Use Element to change the Land Use designation of the site from Planned Industrial (PI) to Office (O) to allow the development of a medical office building. A Zone Change is also required to change the Zoning from Planned Industrial (PM) to Office (O). Any development, other than child day care facilities, requires the processing of a Site Development Plan in the Office Zone. The project meets all regulations applicable to these legislative and permitting actions, and staff has no issues with the proposal. III. PROJECT DESCRIPTION AND BACKGROUND The applicant, H.G. Fenton Company, has requested a General Plan Amendment (GPA), Zone Change (ZC) and Site Development Plan (SDP) to allow for the construction of a 40,655 square foot medical office buildings on a 3.5 acre site. The site has been already been graded with the mass grading of the Fox/Miller industrial subdivision project (CT 00-20). The project site is located on the west side of El Camino Real and access will be provided from Salk Avenue. Access from El Camino Real will be right-in and right-out only to Salk Avenue. O GPA 06-01/ZC 06-01/SDP 06-03 -FENTON CARLSBAD RESEARCH CENTER October 4, 2006 Page 2 I - No median break is proposed or allowed. The site is surrounded by an open space preserve for the Thread Leave Brodiaea (Brodiaea Filifolia). Beyond the open space, the surrounding uses are professional office buildings to the southeast, south and northwest. To the east is El Camino Real, the Madonna Hill retirement home, a vacant industrial pad and existing professional office buildings (Gateway Center). The project site does not front onto El Camino Real and, therefore, does not need a Special Use Permit. The medical office building is curvilinear in shape and is two stories tall. The building is placed in the center of the polyp shaped lot with parking and drive aisle surrounding the building. The concrete tilt-up building will be painted off-white with light green color trim. A brushed aluminum metal accent entry feature, roof canopy and sunscreens, green tinted glass windows (reflective and non-reflective) and Travertine stone tile enhance the buildings architecture. The building's mechanical equipment will be placed within screened mechanical enclosures located on the roof. The project also includes an outdoor employee patio area with a pergola structure on the northwestern portion of the site and landscaping within and around the project. ANALYSIS The proposed project is subject to the following plans, ordinances and standards: A. General Plan Office (O) Land Use Designation; B. Carlsbad Municipal Code, Title 21, Chapter 27 - Office Zone; C. Comprehensive Land Use Plan for McClellan-Palomar Airport; and D. Local Facilities Management Plan and Growth Management. The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable policies and regulations listed above. The following analysis section discusses compliance with each of these regulations/policies utilizing both text and tables. A. General Plan The proposed General Plan Amendment to the Land Use Element would change the Land Use designation of the site from Planned Industrial (PI) to Office (O). The proposed Office designation would be compatible with surrounding uses of Planned Industrial (professional office buildings) and adjacent Open Space. The site is topographically suitable for the development of Office type uses, as the developable portion has been graded for professional office/industrial development. The proposed Office Land Use designation would not result in any unavoidable adverse impacts to the area. The project will not generate a significant increase in average daily vehicle trips and the existing roadways (Salk Avenue, College Boulevard and El Camino Real) are capable of handling the proposed vehicle trips. The site is isolated from other uses and access to the site can be made from El Camino Real without having to go through the Industrial park. The project is consistent with the applicable policies and programs of the General Plan. Particularly relevant to the proposed office development are the Land Use, Open Space and Conservation, Circulation, Noise, Housing and Public Safety elements. Table 1 below indicates how the project complies with these particular elements of the General Plan. GPA 06-01/ZC 06-01/SDP 06-03 - FENTON CARLSBAD RESEARCH CENTER October 4, 2006 Page 3 TABLE 1 - GENERAL PLAN COMPLIANCE Element Use Classification, Goal, Objective or Program Proposed Use and Improvements Compliance Land Use Commercial development to serve the employment and service needs of Carlsbad residents. The project proposes a General Plan Amendment to Office (O) for the development of medical/professional office services. Yes Open Space and Conservation To preserve, protect and enhance unique open space functions like buffers between uses and wildlife habitats. The project maintains adequate buffers from native habitat areas and is consistent with the adopted Habitat Management Plan. Yes Circulation Adequate circulation infrastructure to serve the projected population. The existing Salk Avenue, College Boulevard and El Camino Real roadways are adequate in capacity to handle the traffic generated by the proposed use. Street improvement plans and bonding for the improvements were completed with Tract Map CT 00-20. Yes Noise Require that a noise study be submitted with all non- residential projects. Enforce the City policy that 55 Leq (h) dBA is the maximum interior noise level for general office uses. Project has been conditioned to submit a noise report showing compliance with interior noise standards prior to building permit issuance. Yes Housing Provision of affordable housing. Project site is not being developed as residential and therefore is not required to provide affordable housing. Yes Public Safety Provision of emergency water systems and all- weather access roads. 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. Yes B. Chapter 21.27 Office (O) Zoning The project proposes a Zone Change from Planned Industrial (PI) to Office (O). The Office Zone (Chapter 21.27 of the Carlsbad Municipal Code) would implement the proposed Office Land Use designation. The Office Zone has a built-in Site Development Plan requirement and a Qualified Overlay Zone is not required. The proposed project complies with the Office Zone as shown in Table 2 below. GPA 06-01/ZC 06-01/SDP 06-03 - FENTON CARLSBAD RESEARCH CENTER October 4, 2006 Page 4 TABLE 2 - OFFICE COMPLIANCE Code Section Building Height Setbacks- Buildings Setbacks- Driveways and Parking Lot Area Lot Width Lot Coverage Parking Employee Eating Area Standard Not to exceed 35 feet/three levels. Architectural features to 45 feet max Front: 20 ft. (2- 3 story bldg) Street side: 20ft. Interior side: 10ft. Rear: 10ft. Front: 20 ft. (2-3 story bldg) Street side: 20ft. Interior side: 10ft. Rear: 10ft. Min. 10,000 square feet 75 ft wide minimum 50 % max. 1:200; 204 parking stalls required. 25% compact 300 sq ft/ 5,000 sq ft of building area; 2,440 sq ft required Provided 3 1 feet to roof/two levels/ Architectural feature to 41 feet max. Front: 460 feet. Street side: n/a. Interior side: 60 ft. Rear: 100ft. Front: 35 ft. Street side: n/a. Interior side: 10ft. Rear: 10ft. 3.5 Ac (1 52,460 sq ft) 76 feet 13.2% 204 parking stalls 24.8% compact 2,470 sq ft Compliance Yes Yes Yes Yes Yes Yes Yes Yes Yes C. Comprehensive Land Use Plan (CLUP) for McClellan - Palomar Airport The project site is located within the Airport Influence Area and approximately 4,000 feet north of McClellan-Palomar Airport. The site is outside the 60 Community Noise Equivalent Level (CNEL) noise contour and outside the Runway Protection Zone. The CLUP identifies the proposed Office use as being a compatible use with essentially no interference from aircraft noise. The entire site is within the Flight Activity Zone (FAZ), which is an area most likely to experience a crash since it is beneath the flight pattern. The CLUP identifies that the land beneath the flight activity zone areas should be held free of intensive development such as residential at 10 units per acre, high rise development, and all uses which involve large groups of people (more than 100). The proposed Office Land Use designation would preclude residential uses at that density and the zoning restrictions would preclude high-rise development. Any proposed use involving a large assemblage of people would likely require a Conditional Use Permit, which should be found to be incompatible with the CLUP. As the project involves a General Plan Amendment, the project was submitted to the San Diego County Regional Airport Authority (SDCRAA) for a determination of consistency with the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). On March 6, 2006, the SDCRAA adopted Resolution 2006-0016 ALUC finding the project conditionally consistent with the ALUCP. The condition added was the restriction that all assembly areas within the proposed project that are located within the FAZ be limited (as defined by the Uniform Building Code Group A Occupancy) to no more than one hundred (100) persons per assembly area in order to be consistent with FAZ guidelines in the McClellan-Palomar Airport ALUCP. GPA 06-01/ZC 06-01/SDP 06-03 - FENTON CARLSBAD RESEARCH CENTER October 4,2006 Page 5 ! • E. Local Facilities Management Plan and Growth Management The proposed project is subject to the provisions of the Growth Management Program, as contained in Chapter 21.90 of the Zoning Ordinance and in the approved Zone 5 LFMP. The change to Office uses on the site will have minimal impact on public facilities as the industrial lot was planned to be developed with professional office uses. Thus, the proposed project public facility demand will be in compliance with the public facility assumptions of the Zone 5 LFMP. The attached Local Facilities Impact Assessment Form indicates that all impacts to the public facilities and services are adequately mitigated. The Zone 5 LFMP requires a $.40/square foot park impact fee to be paid prior to building permit issuance. The project is conditioned to pay the appropriate public facilities fee, water and sewer connection fees, traffic impact, park, and school fees to mitigate its impact on these respective facilities. As conditioned, all facility improvements necessary to accommodate the development will be in place prior to, or concurrent with, development. Therefore, the proposed Carltas development is consistent with the Zone 5 LFMP. Table 3 below details the project's conformance with the requirements of the Growth Management Program. TABLE 3: GROWTH MANAGEMENT COMPLIANCE STANDARD City Administration Library Waste Water Treatment Parks Drainage Circulation Fire Open Space Schools - Carlsbad Unified School District Sewer - Carlsbad Waste Water District Water - Carlsbad Municipal Water District IMPACTS N/A N/A 23EDU $.40/sq ft 10.3 cfs 2,350 ADT Station No. 5 N/A N/A 23EDU 4,878 GPD COMPLIANCE Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes V. ENVIRONMENTAL REVIEW Staff has 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. The project does not have any impacts to any significant native or wetland habitats or wildlife species identified as candidate, sensitive or special status by the wildlife agencies and is identified as a development area within the HMP. In consideration of the foregoing, the Planning Director issued a Notice of Intent to adopt a Negative Declaration for the project on July 20, 2006. No comments were received during the 20-day public review period (July 20, 2006 - August 9, 2006). GPA 06-01/ZC 06-01/SDP 06-03 - FENTON CARLSBAD RESEARCH CENTER October 4, 2006 Page 6 ATTACHMENTS: 1. Planning Commission Resolution No. 6164 (Neg. Dec.) 2. Planning Commission Resolution No. 6165 (GPA) 3. Planning Commission Resolution No. 6166 (ZC) 4. Planning Commission Resolution No. 6167 (SDP) 5. Location Map 6. Background Data Sheet 7. Local Facilities Impact Assessment Form 8. Disclosure Statement 9. Reduced Exhibits 10. Exhibits "A" - "K" dated October 4, 2006 BACKGROUND DATA SHEET CASE NO: GPA 06-01/ZC 06-017 SDP 06-03 CASE NAME: Fox/Miller Lot 1 GPA/ZC APPLICANT: Fenton Carlsbad Research Center LLC REQUEST AND LOCATION: Adoption of a Negative Declaration for a General Plan Amendment to change the General Plan Land Use Element designation from Planned Industrial to Office, a Zone Change to change the Zoning from Planned Industrial to Office and a Site Development Plan to develop a 3.5-acre parcel with a 40.655 square foot medical office building generally located on the west side of El Camirio Real between College Boulevard and Faraday Avenue in Local Facilities Management Zone 5. LEGAL DESCRIPTION: Lot 1 of Carlsbad Tract 00-20. in the City of Carlsbad, County of San Diego, State of California, according to the map thereof no. 15253. filed in the office of the County Recorder of San Diego County January 30, 2006 APN: 212-02.1-01-00 Acres: 3.5 Proposed No. of Lots/Units: N/A GENERAL PLAN AND ZONING Existing Land Use Designation: Planned Industrial (PD Proposed Land Use Designation: Office (0) Density Allowed: N/A Density Proposed: N/A Existing Zone: Planned Industrial (PM) Proposed Zone: Office (0) Surrounding Zoning, General Plan and Land Use: General Plan Current Land Use Site PM PI Vacant graded pad North OS OS Open Space South PM PM Office Building East OS OS Open Space West OS OS Open Space LOCAL COASTAL PROGRAM Coastal Zone: | | Yes 1X1 No Local Coastal Program Segment: N/A Within Appeal Jurisdiction: [U Yes [X] No Coastal Development Permit: Q Yes ^ No Local Coastal Program Amendment: [~1 Yes 1X1 No Existing LCP Land Use Designation: N/A Proposed LCP Land Use Designation: N/A Existing LCP Zone: N/A Proposed LCP Zone: N/A Revised 01/06 PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 23 i: ENVIRONMENTAL IMPACT ASSESSMENT | I Categorical Exemption, /\ Negative Declaration, issued July 20, 2006 Certified Environmental Impact Report, dated Other, Revised 01/06 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: FENTON CARLSBAD RESEARCH CENTER - GPA 06-01/ ZC 06- 01/SDP06-03 LOCAL FACILITY MANAGEMENT ZONE: 5 GENERAL PLAN: Proposed Office (O) ZONING: Proposed Office CO) DEVELOPER'S NAME: Fenton Carlsbad Research Center. LLC ADDRESS: 7577 Mission Valley Rd. Suite 200. San Diego CA 92108 PHONE NO.: 9619)400-0120 ASSESSOR'S PARCEL NO.: 212-021-01-00 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 40.655 Sq Ft ESTIMATED COMPLETION DATE: ASAP A. City Administrative Facilities: Demand in Square Footage = N/A B. Library: Demand in Square Footage = N/A C. Wastewater Treatment Capacity (Calculate with J. Sewer) 23 EDU D. Park: Demand in Acreage = N/A (Zone 5 LFMP) Impact fee $.40/sq ft) E. Drainage: Demand in CFS = 10.3 Identify Drainage Basin = B F. Circulation: Demand in ADT = 2.350 G. Fire: Served by Fire Station No. = 5 H. Open Space: Acreage Provided = N/A I. Schools: Carlsbad Unified J. Sewer: Demands in EDU 23 Identify Sub Basin = 5A K. Water: Demand in GPD - 4,878 c City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." . Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1 . 2. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN- 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person £ Title Title Address Address 7577 ^AV^-M OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person. Title Corp/Part_ Title VdC Address Address 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us s 3. NON-PROFIT ORGANIZATION OR TRUST i - If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes .No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Sjg-nature of Owner/date ' Signature of applicant/date - H- ~Jo"<^> _ Sell Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 Of 2 Aueduuoo tpjeasaa OH uojuaj I il iliiilllJlf LOT1FenResSalk AvenueI i ° II!! !»m. SIIS III lilt m & ~s3255 i'l s It I tlii USM.SjHI"51il ifj m fssi O o c >- o ^0 c w !l iii I ItMilil! I c TO Q. CD CO v^> & §Sg ±= M^tVC7 p iss1 (5 r< -£^ w igg— s~\t ^ §< £5s Aueduioo uoiuaj no-ieasay peqs|jeo uoiuaj lv =5 M a *!i !i I i i a: <D H I H I 'M111 AueduiOQ uoiuaj Ljojeassy peqs|jeo uojuaj i. i ! i if;j m i i BHSEI SHEBH ammma CO £ c CO ^-^ o © £ tn L_ LJL AuBduuoQ uojuej OH peqs|jeo uojuaji. ion t fc 1i i * j I | i jj ] i f | jj | i i tI1 i ft 11! i 1111! g i 000s ssBsa s 11 inBa I I c 03 T) C o o 0) C/} Aueduioo uoiuej OH ipjeasay peqs|jeo COI LLJXL 1 I I 1 I1 MiIt! l.j S aasHs B D a s m Jl i d i *i *'»ji= f g m m & & C CO o o QC eo p £p ^ v, ill I 1 Auediuoo uojuaj OH 1 II111 p ] i -,, 111 ft 1111II i i!! 11 BQ0a HBESE B El O E HI El II (D H Bh-t CO c o CO > CD 111 X LU wLU O LU * 1 I 1 f 1 3 000130 AuedLUOQ uojuaj OH ipjeasay peqsiJBQ uoiuaj i. S o H JJ-.01 L- — i ~y "IF- J)-.l* fn L y c S — £& J>-.lt 1 J-.D1 TT•.j — i 'i »-.f a-ai f ©—r- ©—t- O Q 0) @— © — t-J. T (3 a J>-.lt *-* I-.1 aC 3n I jj-^i ^ - JMl JJ-.i JJ-.IS P JH* U) c o CO a>c 13m r-S Auedujoo uojuaj OH upjeessy peqs|jeo uojuaj I-II 1 S S I a ' I | S 5 5 3 S s s1 S S to ^. ., L , I fjii |H i«i i | I fe I»Q- (M o; IIfit.r«nc( (I) (D P a M M»'dim 8 i• Auedujoo uoiuaj OH peqs|JBO uojuaj i. ion u io Planning Commission Minutes October 4,2006 |"\D AFT Pa^~ EXHIBIT 6 5. GPA 06-01/ZC 06-01/SDP 06-03 - FENTON CARLSBAD RESEARCH CENTER - Request for a recommendation of adoption of a Negative Declaration and a recommendation of approval for a General Plan Amendment to change the General Plan Land Use Element designation from Planned Industrial to Office and a Zone Change to change the Zoning from Planned Industrial to Office and a request for approval of a Site Development Plan to develop a 3.5-acre parcel with a 40,655 square foot medical office building generally located on the west side of El Camino Real between College Boulevard and Faraday Avenue in Local Facilities Management Zone 5. Mr. Neu introduced Agenda Item 5 and stated that Senior Planner Van Lynch assisted by Associate Engineer Frank Jimeno would make the staff presentation. Vice Chairperson Baker opened the Public Hearing on Item 5. Mr. Lynch gave a presentation and stated he would be available to answer any questions. Vice Chairperson Baker asked the applicant if they wanted to proceed with the reduced number of Commissioners present. The applicant confirmed that he would. Vice Chairperson Baker asked if there were any questions of staff. Commissioner Segall stated that Salk Avenue appears to be offset in the first drawing in the presentation and asked if that was merely an aberration in the drawing of an intentional offset. Mr. Lynch stated that the offset appearance was due to the drawing and Salk Avenue would not actually be offset. Commissioner Segall asked if there is a wall to the north of this project that was constructed as a protective measure for flowers. Mr. Lynch stated the wall is being constructed to protect the Thread Leaved Brodiaea flower. Commissioner Segall asked if the wall and the flowers are located in the field to the north and if it would remain undisturbed and intact. Mr. Lynch stated it would be left as open space as a natural preserve and managed as an open space area. Commissioner Segall asked about the airport influence zone and its effect on the assembly of individuals in groups of over 100. Mr. Lynch explained that the airport authority would be concerned with an aggregate mass of individuals in excess of 100 as opposed to being disbursed throughout the facility. If there were some kind of catastrophic event, the risk would increase with concentrated groups of people. Vice Chairperson Baker asked to view the previous slide showing the complete layout of the Fox Miller property. She asked Mr. Lynch to identify the current construction and the flower protection wall in relationship to this property. Mr. Lynch pointed out the location of the wall as wrapping around the entrance at Salk Avenue and continuing north on El Camino Real. Vice Chairperson Baker asked if Salk Avenue was graded and Mr. Lynch confirmed that most of the mass grading has been completed. Vice Chairperson asked the applicant if he would like to make a presentation. Alan Jones, HG Fenton Company, 7577 Mission Valley Road, San Diego, CA, 92108, gave a presentation and stated he was available to answer any questions that staff or the Commissioners may have. Vice Chairperson Baker asked if there were any questions for the applicant. Vice Chairperson Baker opened public hearing and asked if there were any questions from the audience; seeing none she opened and closed public testimony. MOTION Planning Commission Minutes October 4, 2006 Page 6 ACTION: Motion by Commissioner Cardosa, and duly seconded, that the Planning Commission Adopt Planning Commission Resolution No. 6164 Recommending Adoption of a Negative Declaration and Adopt Planning Commission Resolutions No. 6165 and 6166 Recommending Approval of General Plan Amendment 06-01 and Zone Change 06-01 and Adopt Planning Commission Resolution No. 6167 Approving Site Development Permit 06-03 based on the findings and subject to the conditions contained therein also including the presented errata sheet. VOTE: 5-0 AYES: Vice Chairperson Baker, Commissioners Cardosa, Heineman, Segall, and Whitton NOES: None ABSENT: Chairperson Montgomery and Commissioner Dominguez NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, {DATE}, to consider a request for adoption of a Negative Declaration and approval of a General Plan Amendment to change the General Plan Land Use Element designation from Planned Industrial to Office and a Zone Change to change the Zoning from Planned Industrial to Office on property generally located on the west side of El Camino Real between College Boulevard and Faraday Avenue in Local Facilities Management Zone 5 and more particularly described as: Lot 1 of Carlsbad Tract 00-20, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof no. 15253, filed in the office of the County Recorder of San Diego County January 30,2006. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after {DATE}. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-4613. If you challenge the Negative Declaration, General Plan Amendment and/or the Zone Change in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: FENTON CARLSBAD RESEARCH CENTER CASE NAME: GPA 06-01/ZC 06-01 PUBLISH: {DATE} CITY OF CARLSBAD CITY COUNCIL NOT TO SCALE SITE MAP Fenton Carlsbad Research Center GPA06-01/ZC 06-01 PROOF OF PUBLICATION (2010 & 2011 C.C.P.)This space is for the County Clerk's Filing Stamp 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: November 11th, 2006 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 11th, Day of November, 2006 Signature Jane Allshouse NORTH COUNTY TIMES Legal Advertising Proof of Publication of NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that theCity Council of the City of Carlsbad will holda public hearing at the Council Chambers,1200 Carlsbad Village Drive. Carlsbad, California, at6:00 p.m. on Tuesday, November 21, 2006, to con-sider a request for adoption of a Negative Declarationand approval of a General Plan Amendment tochange the General Plan Land Use Element desig-nation from Planned Industrial to Office and a ZoneChange to change the Zoning from Planned Industri-al to Office on property generally located on the westside of El Camino Rearbetween College Boulevardand Faraday Avenue in Local Facilities ManagementZone 5 and more particularly described as: Lot 1 of Carlsbad Tract 00-20, in the City of Carls-bad, County of San Diego, State of California,according to the map thereof no. 15253, filed inthe office of the County Recorder of San DiegoCounty January 30, 2006. Those persons wishing to speak on this proposal arecordially invited to attend the public hearing. Copiesof the agenda bill will be available on ana after No-vember 17, 2006. If you have any questions, pleasecall Van Lynch in the Planning Department at (760)602-4613. If you challenge the Negative Declaration, GeneralPlan Amendment and/or the Zone Change in court,you may be limited to raising only those issues you orsomeone else raised at the public hearing describedin this notice or in written correspondence deliveredto the City of Carlsbad, Attn: City Clerk's Office, 1200Carlsbad Village Drive, Carlsbad. CA 92008, at orprior to the public hearing. CASE FILE: FENTON CARLSBAD RESEARCHCENTER CASE NAME: GPA 06-01/ZC 06-01 PUBLISH: November 11, 2006 NCT 2001071 CITY OF CARLSBADCITY COUNCIL Jam and Smudge Free Printing Use Avery® TEMPLATE 5160® CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 www.avery.com 1-800-GO-AVERY SAN MARCOS SCHOOL DIST STE 250 255 PICO AVE SAN MARCOS CA 92069 AVERY® 5160® ENCINITAS SCHOOL DIST 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DIST 701 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE . CARLSBAD CA 92009 OLIVENHAIN WATER DIST 1966OLIVENHAINRD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AVE ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 600 EUCALYPTUS AVE VISTA CA 92084 VALLECITOS WATER DIST 201 VALLECITOS DE ORO SAN MARCOS CA 92069 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 CALIF DEPT OF FISH & GAME 4949VIEWRIDGEAVE SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 SD COUNTY PLANNING STEB 5201 RUFFIN RD SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CNTRL DIST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 ATTN TEDANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 SCOTT MALLOY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 CITY OF CARLSBAD RECREATION CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER FRANK JIMENO CITY OF CARLSBAD PROJECT PLANNER VAN LYNCH FENTON CLSBD RESEARCH CTR LLC 7577 MISSION VALLEY RD SAN DIEGO CA 92108 10/17/2006 AHiAV-OD-OOS-l Jam and Smudge 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END DR CARLSBAD, CA 92011-3253 PACHECO 6701 BARBERRY PL CARLSBAD, CA 92011-3418 ROBERT LEWIS 13713 RECUERDO DR DEL MAR, CA 92014-3428 L PARRIS CORP PO BOX 2327 CARLSBAD, CA 92018-2327 RANDAL B HOPWOOD PO BOX 230383 ENCINITAS, CA 92023-0383 ATTILA & KATHY SZABO 1230 CALLE CHRISTOPHER ENCINITAS, CA 92024-5517 LILLIAN R SCHOLL 444 N EL CAMINO REAL 119 ENCINITAS, CA 92024-1316 DAVID J OSWALD 1891 AVENIDA MIMOSA ENCINITAS, CA 92024-7123 KENNETH J & DOROTHY METZGAR 853 MORNING SUN DR ENCINITAS, CA 92024-1935 B P R M L L C 1609 SANTA MARGARITA DR FALLBROOK, CA 92028-1640 E Q B P-l L L C 800 SILVERADO ST 300 LA JOLLA, CA 92037-4234 CARLSBAD GATEWAY CENTER L L PO BOX 256 LA JOLLA, CA 92038-0256 BRANDON H WANDER PO BOX 1317 LA JOLLA, CA 92038-1317 ROSS D & BARBARA MCCRIGHT 13917 SAGEWOOD DR POWAY, CA 92064-1405 RUSSELL C & SUSAN HOLMES PO BOX 1683 RANCHO SANTA , CA 92067-1683 CVS INVESTMENTS LLC 100 N RANCHO SANTA FE RD 133 SAN MARCOS, CA 92069-1294 KOLKER 2000 1635 LA PLAZA DR SAN MARCOS, CA 92078-4841 DEI LLC PO BOX 1388 VISTA, CA 92085-1388 ®09is AM3AV-09-008-1 ®091S iueqe6 s\ r> ia afipnnnnmip nniccaiH Jam and Smudge Free Printing Use Avery® TEMPLATE 5160® www.avery.com 1-800-GO-AVERY AVERY® 5160® EDWIN ASTUDILLO 425 W BEECH ST 1658 SAN DIEGO, CA 92101-8438 FENTON CARLSBAD RESEARCH CEN: 7588 METROPOLITAN DR SAN DIEGO, CA 92108-4401- BMR-2282 FARADAY AVENUE LLC 17140 BERNARDO CENTER DR 222 SAN DIEGO, CA 92128-2088 FINN 7004 SHERBOURNE LN SAN DIEGO, CA 92129-4654 MOSTAFA & AZAR BASTANFAR 13161 SEAGROVE ST SAN DIEGO, CA 92130-3214 BTINVLLC PO BOX 26309 SAN DIEGO, CA 92196-0309 DAVID F RUHNAU 3775 10TH ST RIVERSIDE, CA 92501-3620 *** 159 Printed *** ®09LS AM3AV-OD-008-1 IIIOVAjaAP'AAAAAA ®091S iueqeB s\ anirlpi afinmac a la afinimnnmm nmccairliiii NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, {DATE}, to consider a request for adoption of a Negative Declaration and approval of a General Plan Amendment to change the General Plan Land Use Element designation from Planned Industrial to Office and a Zone Change to change the Zoning from Planned Industrial to Office on property generally located on the west side of El Camino Real between College Boulevard and Faraday Avenue in Local Facilities Management Zone 5 and more particularly described as: Lot 1 of Carlsbad Tract 00-20, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof no. 15253, filed in the office of the County Recorder of San Diego County January 30, 2006. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after {DATE}. If you have any questions, please call Van,Lynch in the Planning Department at (760) 602-4613. If you challenge the Negative Declaration, General Plan Amendment and/or the Zone Change in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: FENTON CARLSBAD RESEARCH CENTER CASE NAME: GPA 06-01/ZC 06-01 PUBLISH: {DATE} CITY OF CARLSBAD CITY COUNCIL NOT TO SCALE SITEMAP Fenton Carlsbad Research Center G PA 06-01/ZC 06-01 Fenton Carlsbad Fenton Carlsbad Research CenterResearch CenterGPA 06GPA 06--01/ZC 0601/ZC 06--0101 Location MapLocation MapSALK AVEL CAMINO REAL FOXTAIL LPF E R M I C TPALMER WY SALK AVC O LLE GE B LEL CAMINO REAL FOXTAIL LPF E R M I C TCOYOTE CTCOUGAR DRSUNNY CREEK RDSPENCER LN0400200FeetGPA 06-01/ ZC 06-01 / SDP 06-03Fox/Miller Lot 1 GPA/ZC General Plan AmendmentGeneral Plan Amendment„„From Planned From Planned Industrial to OfficeIndustrial to Office„„Land Use Land Use CompatibilityCompatibility„„Adequate Adequate CirculationCirculation Zone ChangeZone Change„„Rezone property Rezone property from Planned from Planned Industrial to OfficeIndustrial to Office„„Implements the Implements the Office Land Use Office Land Use designationdesignation„„Site Development Site Development PlanPlan Special Planning Special Planning ConsiderationsConsiderations„„Comprehensive Comprehensive Land Use Plan Land Use Plan McClellan McClellan ––Palomar Palomar AirportAirport„„San Diego County San Diego County Regional Airport Regional Airport AuthorityAuthority„„Project consistent Project consistent with CLUPwith CLUP„„Restriction of useRestriction of use RecommendationRecommendation„„That the City Council Adopt the That the City Council Adopt the Negative DeclarationNegative Declaration„„Approve the General Plan Amendment Approve the General Plan Amendment and Zone Changeand Zone Change North and South North and South ElevationsElevations