Loading...
HomeMy WebLinkAbout2007-02-20; City Council; 18906; La Costa Glen Corporate CenterCITY OF CARLSBAD - AGENDA BILL 8 AB# MTG. DEPT. 18,906 02/20/2007 LA COSTA GLEN CORPORATE GPA 06-02/MP 92-01 (BVLCPA 06-01/ HMPP 06- 11//HDP 05-11/CDP 05-51 DEPT. HEAD CITY ATTY. CITY MGR. NS-833 2007-035 APPROVING Master Plan ADOPTING a Mitigated RECOMMENDED ACTION: That the City Council INTRODUCE Ordinance No. Amendment MP 92-01(6) and ADOPT Resolution No. Negative Declaration and Mitigation Monitoring and Reporting Program, and APPROVING General Plan Amendment GPA 06-02, Local Coastal Program Amendment LCPA 06-01, Habitat Management Plan Permit HMPP 06-11, Hillside Development Permit HDP 05-11 and Coastal Development Permit CDP 05-51. ITEM EXPLANATION: Project Applications GPA 06-02 MP 92-01(6) LCPA 06-01 HMPP 06-11 SDP05-16 HDP 05-11 CDP 05-51 MS 05-28 Administrative Approvals X Reviewed by and Final at Planning Commission X To be reviewed - Final at Council X X X X X X On January 3, 2007, the Planning Commission conducted a public hearing and recommended to the City Council approval (6-0 - Commissioner Douglas did not participate due to a potential conflict of interest) of a Mitigated Negative Declaration, General Plan Amendment, Master Plan Amendment, Local Coastal Program Amendment, Habitat Management Plan Permit, Hillside Development Permit and Coastal Development Permit associated with a proposed 4-lot subdivision and construction of an office building located within Planning Area 2 of the Green Valley Master Plan in the southwest quadrant of the City in Local Facilities Management Zone 23. At the same hearing, the Planning Commission also approved (6-0) a Site Development Plan for construction of a 21,904 square foot office building on Lot 1 of the proposed 4-lot subdivision (MS 05- 28). The proposed subdivision consists of two commercial lots (Lots 1 and 2) and two open space lots (Lots 3 and 4). Development of Lot 2 is not proposed at this time. MS 05-28 may be approved administratively by the City Engineer, subject to approval of the associated discretionary actions. The proposed General Plan Amendment would change the General Plan Land Use designation on the two proposed open space lots from Commercial/Office/Residential Medium-High Density (C/O/RMH) to Open Space (OS) and would correct several mapping errors. The Master Plan Amendment and Local Coastal Program Amendment are necessary to provide consistency between the General Plan Land Use Map, Master Plan, and Coastal Land Use Map. FOR CITY CLERKS USE ONL Y. COUNCIL ACTION:APPROVED 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-La Costa Glen Corporate Center - GPA 06-02/MP 92-01 (Bj/LCPA 06-01/HMPP 06-11 /HDP 05-11/CDP 05-51 Except for a brief statement from the applicant, no public testimony was offered at the Planning Commission hearing. The Planning Commission added a condition to the project to prohibit construction activities from occurring during the Thanksgiving through New Year's Day holiday season that would have the potential to disrupt traffic on Calle Barcelona. 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 discretionary actions. FISCAL IMPACT: All public infrastructure required for this project will be funded and or/constructed by the developer. No fiscal impacts to the City have been identified. ENVIRONMENTAL IMPACT: The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). Potentially significant biological impacts were identified. The developer has agreed to mitigation measures to reduce the identified impacts to below a level of significance in accordance with CEQA. The environmental documents were sent directly to the area offices of the U.S. Fish and Wildlife Service (USFWS), the California Department of Fish and Game, and the California Coastal Commission. In consideration of the foregoing, the Planning Director issued a Notice of Intent to Adopt a Mitigated Negative Declaration for the project on November 19, 2006. Comments were received from Caltrans, USFWS, and the Native American Heritage Commission (NAHC). In response to the comment letters, several additional conditions were added to the project to address the concerns raised by USFWS and NAHC. The comment letters and staff responses are included as an attachment to the Planning Commission staff report. EXHIBITS: 1. City Council Ordinance No. NS-833 2. City Council Resolution No. 2007-035 3. Location Map 4. Planning Commission Resolutions No. 6213, 6214, 6215, 6216, 6217, 6219 and 6220 5. Planning Commission Staff Report, dated January 3, 2007 6. Draft Excerpts of Planning Commission Minutes, dated January 3, 2007. DEPARTMENT CONTACT: Barbara Kennedy, (760) 602-4626, bkenn@ci.carlsbad.ca.us 1 ORDINANCE NO. NS-833 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO 3 THE GREEN VALLEY MASTER PLAN, MP 92-01 (B) FOR MODIFICATIONS TO THE GENERAL PLAN LAND USE 4 DESIGNATIONS FOR PLANNING AREA 2. CASE NAME: LA COSTA GLEN CORPORATE CENTER 5 CASE NO.: MP 92-01 (B) 6 The City Council of the City of Carlsbad, California, does ordain as follows: 7 WHEREAS, the City Council approved the Green Valley Master Plan MP 92-01 8 on February 6,1996 by adopting Ordinance No. NS-348; and 9 WHEREAS, the City Council approved an amendment to the Green Valley 10 Master Plan MP 92-01 (A) to incorporate suggested modifications from the California Coastal 11 Commission on September 17,1996 by adopting Ordinance No. NS-377; and 12 WHEREAS, after procedures in accordance with the requirements of law, the ^ City Council has determined that the public interest indicates that said master plan amendment 14 MP 92-01 (B) be approved; and 15 WHEREAS, the City Council did on the 20th day of February 2007 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, said application constitutes a request for a Master Plan Amendment 18 as shown on Exhibit "MP 92-01(6)" dated January 3, 2007 incorporated by reference. 19 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as 20 follows: 21 SECTION I: That Master Plan Amendment MP 92-01 (B)) dated January 3, 2007 22 attached hereto, and incorporated herein by reference, is approved. The Master Plan shall 23 constitute the development plan for the property and all development within the plan area shall 24 conform to the plan. 25 SECTION II: That the findings and conditions of the Planning Commission in 26 Planning Commission Resolution No. 6215 shall also constitute the findings and conditions of 27 the City Council. 28 3 1 EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty 2 days after its adoption but not until Local Coastal Program Amendment LCPA 06-01 is 3 approved by the California Coastal Commission, and the City Clerk shall certify to the adoption 4 of this ordinance and cause it to be published at least once in a publication of general 5 circulation in the City of Carlsbad within fifteen days after its adoption. 6 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City 7 Council on the 20tb day of February 2007, and thereafter. 8 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of 2007, by the following vote, to wit: 10 AYES: 11 NOES: 12 ABSENT: 13 ABSTAIN: 14 15 16 1? CLAUDE A. LEWIS, Mayor 18 ATTEST: 19 20 LORRAINE M. WOOD, City Clerk 21 (SEAL) 22" 23 24 25 26 27 28 -2- Exhibit "MP 92-01(B)" Planning Area Development Standards and Guidelines property line. The area is the site of a retail center (see Figure IV-11). Major uses in the retail center are typical of community retail. Development Standards Development within PA-2 is subject to the development standards of Chapter 21.28 (C2) except as modified below. All commercial development in Planning Area 2 shall be in conformance with the development standards and architectural guidelines as noted in this chapter. Development is subject to the approval of a Site Development Plan. Zoning: C2 and OS General Plan: C/O/RMH and OS Use Allocation A maximum of 300,000 square feet of gross floor area of retail commercial uses which cater directly to the consumer shall be allowed. Permitted Uses Uses are permitted as defined in Chapters 21.28 (General Commercial) and 21.42 (Conditional Uses) of the Carlsbad Municipal Code. Building Height 1. Buildings shall be limited to a maximum height of 35 feet including any roof mounted equipment and screening elements. 2. Non-habitable architectural design features may extend to a maximum height of 45 feet, but may not exceed three percent (3%) of the total roof area. 3. Building heights shall be varied in order to provide additional visual relief and to enhance the appearance of the retail center. , Lot Coverage 1. The maximum allowable coverage for structures, parking and vehicular circulation shall be determined by compliance with setback, City landscape standards, parking and circulation requirements. 2. A maximum of 300,000 square feet of combined building area shall be allowed. Green Valley Master Plan P&D Consultants, Inc. Pane Vl-1fi 1 RESOLUTION NO. 2007-035 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED 3 NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM AND APPROVING A GENERAL 4 PLAN AMENDMENT (GPA 06-02) TO AMEND THE GENERAL PLAN LAND USE MAP AND THE OPEN SPACE AND 5 CONSERVATION MAP, A LOCAL COASTAL PROGRAM AMENDMENT (LCPA 06-01), A HABITAT MANAGEMENT PLAN 6 PERMIT (HMPP 06-11), A HILLSIDE DEVELOPMENT PERMIT (HMP 05-11), AND A COASTAL DEVELOPMENT PERMIT 7 (CDP 05-51) FOR THE LA COSTA GLEN CORPORATE CENTER PROJECT ON PROPERTY GENERALLY LOCATED 8 NORTHWEST OF CALLE BARCELONA, WEST OF EL CAMINO REAL AND NORTH OF LEUCADIA BOULEVARD IN LOCAL 9 FACILITIES MANAGEMENT ZONE 23. CASE NAME: LA COSTA GLEN CORPORATE CENTER 10 CASE NO.: GPA 06-02/LCPA 06-01/HMPP 06-11/HDP 05-117 CDP 05-5111 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on January 3, 2007, hold a duly noticed public hearing as prescribed by law to consider a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment (GPA 06-02), Local Coastal Program Amendment (LCPA 06-01), t . Habitat Management Plan Permit (HMPP 06-11), Hillside Development Permit (HDP 05-11) and16 Coastal Development Permit (CDP 05-51); and . _ WHEREAS, the City Council of the City of Carlsbad, on the 20th day oflo g February . 2007, held a duly noticed public hearing to consider said Mitigated Negative 20 Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment, Local 21 Coastal Program Amendment, Habitat Management Plan Permit, Hillside Development Permit 22 and Coastal Development Permit and at that time received recommendations, objections, 23 protests, comments of all persons interested in or opposed to the Mitigated Negative 24 Declaration and Mitigation Monitoring and Reporting Program and/or GPA 06-02, LCPA 06-01, 25 HMPP 06-11, HDP 05-11 and CDP 05-51; and 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City 27 of Carlsbad as follows: 28 1 • That all recitations are true and correct. 1 2. That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolutions No. 6213, 6214, 6216, 6217, 6219 and 6220 on file with 2 the City Clerk and made a part hereof by reference, are the findings and conditions of the City Council. 3 3. That the application for a Mitigated Negative Declaration and Mitigation 4 Monitoring and Reporting Program, Local Coastal Program Amendment, Habitat Management Plan Permit, Hillside Development Permit and Coastal Development Permit on property 5 generally located northwest of Calle Barcelona, west of El Camino Real and north of Leucadia Boulevard is approved as shown in Planning Commission Resolutions No. 6213, 6216, 6217, 6 6219 and 6220. 7 4. That the application for a General Plan Land Use Map and Open Space and Conservation Map Amendment from Commercial/Office/Residential Medium-High Density 8 (C/O/RMH) to Open Space (OS) and from Open Space (OS) to Commercial/Office/Residential Medium-High (C/O/RMH) on property generally located northwest of Calle Barcelona, west of El 9 Camino Real and north of Leucadia Boulevard as shown in Planning Commission Resolution No. 6214, is hereby accepted, approved in concept and shall be included in the second General 10 Plan Amendment of 2007. 5. This action shall not become final until Local Coastal Program Amendment (LCPA 06-01) is approved by the California Coastal Commission and the California 12 Coastal Commission's approval becomes effective. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, 'Time Limits for Judicial Review" shall apply: "NOTICE TO APPLICANT"14 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 16 Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the nineteenth day following the date 17 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 Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." 22 23 24 25 26 27 28 -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 City Council of the City of Carlsbad on the 20th day of February, 2007, by the following vote: AYES: Council Members Lewis, Kulchin, Hall NOES: None ABSENT: Council Members Packard, Sigafoose CLAUDE A LEWIS; Mayor ATTEST: LORRAINE MuWQOD, City Clerk (SEAL) x^?.^oX ""«,*" EXHIBITS WOT TO SCALE SITEMAP La Costa Glen Corporate Center GPA 06-02/MP 92-01 (B)/LCPA 06-017 HMPP 06-11/CDP 05-51/HDP 05-11 EXHIBIT 1 PLANNING COMMISSION RESOLUTION NO. 6213 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION 4 AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE SUBDIVISION OF A 7.82 ACRE SITE INTO TWO OPEN SPACE LOTS AND TWO COMMERCIAL 6 LOTS, AND GRADING AND CONSTRUCTION OF A 21,904 SF OFFICE BUILDING ON LOT 1 LOCATED WITHIN 7 PLANNING AREA 2 OF THE GREEN VALLEY MASTER PLAN ON PROPERTY GENERALLY LOCATED 8 NORTHWEST OF CALLE BARCELONA, WEST OF EL o CAMINO REAL AND NORTH OF LEUCADIA BOULEVARD IN THE EAST BATIQUITOS LAGOON/HUNT PROPERTY 10 SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 23. 11 CASE NAME: LA COSTA GLEN CORPORATE CENTER CASE NO.: GPA 06-02/MP 92-01(B)/LCPA 06-01/HMPP 06- 12 11/SDP 05-16/HDP 05-11/CDP 05-51/MS 05-28 13 WHEREAS, Continuing Life Communities, LLC, "Owner/Developer," has 14 filed a verified application with the City of Carlsbad regarding property described as 16 Lot 5 of City of Carlsbad Tract No. 92-08 Green Valley, in the City of Carlsbad, County of San Diego, State of California, 17 according to map thereof No 13997, as filed in the Office of the County recorder of San Diego County, July 10, 2000 18 ("the Property"); and 20 WHEREAS, a Program Environmental Impact Report (EIR 93-02) was 21 prepared for the Green Valley Master Plan and was certified and adopted by the City of 22 Carlsbad City Council on February 6,1996; and 23 WHEREAS, the subject property is located within a portion of Planning Area 24 2 of the Green Valley Master Plan; and 25 WHEREAS, a Mitigated Negative Declaration was prepared in conjunction with26 27 said project; and 28 WHEREAS, the Planning Commission did on the 3rd day of January, 2007, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, examining the initial study, analyzing the information submitted by staff, and 3 considering any written comments received, the Planning Commission considered all factors 4 , relating to the Mitigated Negative Declaration. 6 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 7 Commission as follows: o A) That the foregoing recitations are true and correct. 9 B) That based on the evidence presented at the public hearing, the Planning 10 Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Exhibit 11 "ND," dated January 3, 2007 according to Exhibits "NOI" dated November 19, 2006, and "PII" dated November 8, 2006, attached hereto and made a part hereof, based on the following findings and subject to the following condition: 13 Findings; 14 1. The Planning Commission of the City of Carlsbad does hereby find: 16 a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the LA COSTA 17 GLEN CORPORATE CENTER - GPA 06-02, MP 92-01(B), LCPA 06-01, HMPP 06-11, SDP 05-16, HDP 05-11, CDP 05-51, and MS 05-28, the 18 environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and 20 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program has been prepared in accordance with requirements of the California 21 Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and 22 c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and 24 d. based on the EIA Part II and comments thereon, there is no substantial evidence 25 the project will have a significant effect on the environment. 96^° Conditions: 27 1. Developer shall implement, or cause the implementation of, the La Costa Glen 28 Corporate Center Project Mitigation Monitoring and Reporting Program. PCRESONO. 6213 -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 3rd day of January, 2007, by the following vote, to wit: AYES:Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Segall and Whitton NOES: ABSENT: ABSTAIN: Commissioner Douglas MARTELL B. MONTGOMERY, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DONNEU Assistant Planning Director PCRESONO. 6213 City of Carlsbad CASE NAME: CASE NO: Planning Department MITIGATED NEGATIVE DECLARATION La Costa Glen Corporate Center GPA 06-02/MP 92-OKBVLCPA 06-01/HMPP 06-11/SDP 05-16/CDP 05- 51/HDP 05-1 I/MS 05-28 PROJECT LOCATION: Northwest of Calle Barcelona, west of El Camino Real and north of Leucadia Boulevard PROJECT DESCRIPTION: A General Plan Amendment, Master Plan Amendment, Local Coastal Program Amendment, Habitat Management Plan Permit, Site Development Plan, Coastal Development Permit, Hillside Development Permit, and Minor Subdivision Map are required for the proposed 4-lot subdivision and development which will result in two developable parcels and two open space parcels. A proposed 21,904 sf office building is proposed for Lot 1 and future development of Lot 2 would be limited to approximately 13,000 sf of commercial retail use. Open Space Lots 3 and 4 comprise 2.67 acres (34% of the project area). The open space lots will have new General Plan Land Use designations of OS (Open Space). DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, and the City of Carlsbad finds as follows: I I 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. 1X1 The proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. (Mitigated Negative Declaration applies only to the effects that remained to be addressed). |~1 Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED: [CLICK HERE'"pursuant to [CLICK HERE Administrative Approval PC/CC ResorptionTOo-'or CC Ord!hance"No.] ATTEST: DON NEU Assistant Planning Director 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us City of Carlsbad Planning Department NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION CASE NAME: La Costa Glen Corporate Center CASE NO: GPA 06-02/MP 92-01 (BVLCPA 06-01/HMPP 06-11/SDP 05-16/CDP 05-51/HDP 05- 11/MS 05-28 PROJECT LOCATION: Northwest of Calle Barcelona, west of El Camino Real and north Leucadia Boulevard of PROJECT DESCRIPTION: A General Plan Amendment, Master Plan Amendment, Local Coastal Program Amendment, Habitat Management Plan Permit, Site Development Plan, Coastal Development Permit, Hillside Development Permit, and Minor Subdivision Map are required for the proposed 4-lot subdivision and development which will result in two developable parcels and two open space parcels. A proposed 21,904 sf office building is proposed for Lot 1 and future development of Lot 2 would be limited to approximately 13,000 sf of commercial retail use. Open Space Lots 3 and 4 comprise 2.67 acres (34% of the project area). The open space lots will have new General Plan Land Use designations of OS (Open Space). 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) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence hi light of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad City Council. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30-days of the date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Barbara Kennedy in the Planning Department at (760) 602-4626. PUBLIC REVIEW PERIOD November 19. 2006 through December 18. 2006 PUBLISH DATE November 19, 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 (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: GPA 06-02/MP 92-OUBVLCPA 06-01/HMPP 06-11/SDP 05-16/CDP 05-51/HDP 05-11/ MS 05-28 DATE: November 8. 2006 BACKGROUND 1. CASE NAME: La Costa Glen Corporate Center 2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad 3. CONTACT PERSON AND PHONE NUMBER: Barbara Kennedy. Associate Planner 760-602- 4626 4. PROJECT LOCATION: Northwest of Calle Barcelona, west of El Camino Real and north of Leucadia Boulevard 5. PROJECT SPONSOR'S NAME AND ADDRESS: Continuing Life Communities 1940 Levante Street Carlsbad. CA 92011 Phone: (760^) 704-6265 6. GENERAL PLAN DESIGNATION: C/O/RHM/OS 7. ZONING: PC (Planned Community') 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): N/A 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: The proposed La Costa Glen Corporate Center project is located on a 7.82-acre site in the southwest quadrant of the City of Carlsbad, northwest of Calle Barcelona, west of El Camino Real, and north of Leucadia Boulevard. The site exists as a previously permitted vacant graded pad, previously farmed areas, manufactured slopes, a settling basin, a potable water easement, disturbed lands and natural habitat. Open space preserve is located on three sides of the site with The Forum shopping center located across Calle Barcelona to the south of the site. A General Plan Amendment, Master Plan Amendment, Local Coastal Program Amendment, Habitat Management Plan Permit, Site Development Plan, Coastal Development Permit, Hillside Development Permit, and Minor Subdivision Map are required for the proposed 4-lot subdivision and development which will result in two developable parcels and two open space parcels. A proposed 21,904 sf office building is proposed for Lot 1 and future development of Lot 2 would be limited to approximately 13,000 sf of commercial retail use pursuant to the maximums set forth in the Green Valley Master Plan. Open Space Lots 3 and 4 comprise 2.67 acres (34%) of the project area. The open space lots will have new General Plan Land Use designations of OS (Open Space). The two development parcels will retain the existing C/O/RMH (Commercial/Office/Residential Medium-High) General Plan Land Use Designations. The Master Plan Amendment is required to include a new underlying zone designation of Open Space Rev. 02/22/06 (OS) for the areas proposed for preservation. An LCPA Amendment is also required to reflect this OS designation on the Local Coastal Plan Land Use Map. A Coastal Development Permit is required due to the project's location within the East Batiquitos Lagoon/Hunt Property Segment of the Local Coastal Program. The site requires 7,933 cy/ac of earthwork to accommodate the proposed development. The proposed plan concentrates development on the disturbed portions of the site, resulting in preservation of 0.56 acres of Southern Maritime Chaparral with no impacts, preservation of 2.0 acres of Coastal Sage Scrub with 0.98 acres of impact, and preservation of 0.07 acres of Non- native Grassland with 1.5 acres of impacts. The remaining areas of the site consist of developed, disturbed or brush-managed lands. These impacts meet the terms set by the Carlsbad HMP regarding occupied CSS and the impacts will be mitigated per the Carlsbad HMP. The subject site is included within the project area analyzed under the Green Valley Master Plan Program EIR (EIR 93 -02). 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. I I Aesthetics I I Agricultural Resources Air Quality Biological Resources Cultural Resources | Geology/Soils Noise [ | Hazards/Hazardous Materials \—\ Population and Housing I I Hydrology/Water Quality | | Public Services I I Land Use and Planning Recreation J Mineral Resources I I Mandatory Findings of Significance I I Transportation/Circulation I I Utilities & Service Systems Rev. 02/22/06 'II DETERMINATION. (To be completed by the Lead Agency) D D 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 Mitigated 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. 1L Date // Planning Director's Signature Date Rev. 02/22/06 , Jo ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment (EIA) 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 • 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 <=*" 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D D D D n a-d) No Additional Impact Assessed. The Program EIR 93-02 included a visual quality and landform analysis for the Green Valley Master Plan. The EIR Mitigation Measures require approval of a Hillside Development Permit which is one of the applications under review for the proposed project. The project's compliance with the Master Plan development standards for architectural design, landscaping and revegetation, and methods to minimize light spillover provide sufficient control to negate the potential visual quality and landform alteration impacts of individual development projects approved and implemented consistent with the Master Plan. The project compiles with the EIR mitigation measures through review of the project's Hillside Development Permit and compliance with the Green Valley Master Plan development standards and the City's Hillside Development Regulations. 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact n n Rev. 02/22/06 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? D D a-c) No Impact. Program EIR 93-02 concluded that there would be no significant impact to agricultural resources within the Green Valley Master Plan since there is no prime farmland on site. No conditions have changed from those evaluated in the Program EIR 93-02 and the conclusions of the Program EIR are still valid. No mitigation measures required. Potentially Significant Potentially Significant 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? Impact Unless Mitigation Incorporated Less Than Significant Impact No Impact D D D D n D a-e) No Additional Impact Assessed. The Program EIR 93-02 identified potentially significant short-term (construction-related) air quality impacts and significant long-term air quality impacts that are primarily the result of cumulative project-related vehicular emissions. The project will be conditioned to comply with the EIR 93-02 Mitigation Measures to reduce short-term impacts and cumulative long-term air quality impacts. Emission controls for construction equipment and procedures such as dust control during construction are regulated by the Air Pollution Control District (APCD). The project is required to comply with all APCD Rules and Regulations. All project construction is required to incorporate Best Management Practices to reduce dust and air pollution impacts. Any air emissions produced during construction would be temporary. No additional impact assessed. Potentially Significant Impact IV. BIOLOGICAL RESOURCES - Would the project: Potentially Significant Unless Mitigation Incorporated Less Than No Significant Impact Impact Rev. 02/22/06 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 offish and Game or U.S. Fish and Wildlife Service? a) 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? b) 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? c) 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? d) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? e) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? n D Potentially Significant Impact D Potentially Significant Unless Mitigation Incorporated Less Than No Significant Impact Impact D D D D D n n o n a, c, & e) Potentially Significant Unless Mitigation Incorporated. The proposed project is for a commercial office development located near Calle Barcelona. The site, which is identified as being within a portion of Planning Area 2 of the Green Valley Master Plan, contains a previously permitted pad for development, dirt access road, manufactured slopes, a settling basin, disturbed lands and natural habitats. Sensitive vegetation communities observed on the property include Southern Maritime Chaparral (SMC) and Coastal Sage Scrub (CSS). The proposed development would create a second development pad on the upper portion of the site. An existing dirt access road would be improved to provide access to the upper development area. The impacts have been designed to be consistent with the HMP conservation goals which require conservation of the majority of sensitive habitats in or contiguous with biological core areas, including "no net loss" of wetland habitat, and preservation of coastal sage scrub and maritime succulent scrub adjacent to the lagoons. The HMP requires additional conservation standards to be applied to properties in the Coastal Zone. A 100-foot wetland buffer is required and a 20-foot buffer is required for all native habitats other than riparian and wetland habitats between preserved habitats and development. The project must preserve a minimum of 67% of the CSS on site. Additionally, there shall be "no net loss" of SMC or CSS. Project impacts to SMC and CSS require a 3:1 and 2:1 mitigation ratio, respectively; with a minimum 1:1 creation component that achieves the "no net loss" standard. On-site preservation is not eligible for mitigation credit in the Coastal Zone. Rev. 02/22/06 A Program EIR was prepared for the Green Valley Master Plan and mitigation measures were included for biological impacts that resulted from grading pursuant to the Master Tentative Map for Green Valley Master Plan. The Preliminary Biological Assessment, prepared by Planning Systems, June 20, 2006, evaluates the additional impacts to biological resources resulting from implementation of the proposed project and recommends mitigation consistent with the City of Carlsbad HMP. The following table summarizes the impacts to vegetation types presented in the report: VEGETATION IMPACTS ASSESSMENT PLANT COMMUNITY Southern Maritime Chaparral (SMC) Coastal Sage Scrub (CSS) Revegetated Coastal Sage Scrub (RCSS)(4) Brush Managed Revegetation (BMR) Non-Native grasslands (NNG) Developed (DEV) Disturbed Habitat(5) (DIS) EXISTING ACRES 0.56 1.10 1.88 0.92 1.57 0.46 1.33 7.82 IMPACTED ACRES(I) 0.00 0.63 0.35 0.35 1.50 0.30 0.12 3.25 HMP MITIGATION RATIO 3:1 na 0.5:1 na Fee as noted REQUIRED MITIGATION 0 1.26(3> 0.70(3> 0 Fee 0 Fee 1.96 +Fee REMAINING ACRES 0.56 0.47 1.53 0.57 0.07 0.16 1.21 4.57 REMAINING MITIGATION 0 0 0 0 0 0 0 0 TOTAL (I) Including Fuel Modification Management Areas (Brush Management) C2) Mitigation Ratio for Occupied CSS (3) Mitigation is to be accomplished through off-site creation, restoration, and enhancement. (4) Previously revegetated CSS is considered habitat subject to HMP listed mitigation ratios. (5) The disturbed area fronting Calle Barcelona is a previously permitted development pad. The proposed development results in impacts to occupied CSS, areas currently designated as Brush Management, Non-native Grasslands, and developed and disturbed habitat. In accordance with the HMP Standard 7-2, the project will preserve 67.1% of the existing CSS and Revegetated CSS and will mitigate at a 2:1 ratio for impacts to a total of 0.98 acres of CSS through off-site creation, restoration and enhancement of CSS within other areas of the Green Valley Master Plan to ensure "no net loss" of this habitat type. No impacts will occur to Southern Maritime Chaparral. The majority of impact occurs within the non-native grasslands and disturbed area of the site with 1.5 and 0.12 acres of impact, respectively. The HMP allows impacts to non-native grasslands and disturbed habitat to be mitigated by payment of an in-lieu mitigation fee. No mitigation is required for impacts to disturbed habitat or existing brush-managed vegetation. Sensitive Plant Species Impacts to two (2) of the fourteen (14) identified individuals of Wart-stemmed ceanothus would occur. Wart- stemmed ceanothus is not considered a narrow endemic species. The HMP conservation goals require conservation of approximately 95% of the populations of Wart-stemmed ceanothus within the Green Valley Master Plan. The Green Valley EIR 93-02 lists 3 separate areas of Wart-stemmed ceanothus, which totals 120 individulas As identified in the EIR, all of these areas are in the existing upland preserve area (Lot 10) and none were impacted with the original development of La Costa Glen. None of the 3 areas identified in the EIR are within the corporate office site. The Lot 5 office development involves impacts to 2 of 14 ceanothus plants onsite. None of these individuals were identified in the original EIR. Thus, given that a new total of 134 individuals have been identified within the Green Valley Master Plan, 99% of the ceanothus plants within the Green Valley Master Plan site will be preserved (132 of 134). The Wart- stemmed ceanothus that occurs on the subject property and the remaining population would be located in the open space preserve area of the site and would not be impacted by the proposed development. 10 Rev. 02/22'06 Not all of the HMP listed sensitive plant species have been conclusively determined present or absent during the period of the two site surveys. Three narrow-endemic species have the potential to occur on site: Thread-leaf brodiaea, Orcutt's brodiaea, and San Diego Goldenstar. Mitigation measures are included to require a follow-up survey in May, prior to issuance of grading permits for the project. If future investigations determine that any of these three species occur on site, the following conservation measures will be required: All individuals occurring on Lot 5 within areas not proposed for development will be conserved. If less than 20% of the narrow endemic population (occurring on Lot 5) is impacted, no additional mitigation measures will be required other than conservation of the non-impacted individuals, pursuant to the HMP requirements of "conservation of at least 80% of the narrow endemic population". If it is determined that more than 20% of the individuals will be impacted, all individuals in areas to be impacted will be transplanted to a suitable site within the Green Valley Master Plan area. A mitigation program will be prepared by a qualified biologist and must be approved by the City of Carlsbad prior to grading of the site. Sensitive Wildlife Species A general wildlife survey was performed for the site and identified or observed signs of 27 species of birds, 9 species of mammals and seven species of reptiles on the site. The Coastal California Gnatcatcher (CAGN) is the only threatened or endangered species present on or within approximately 100 feet of the property. The field survey indicates that the two identified CAGN nest sites will be preserved. The take of habitat is relatively minor in comparison with the amount of habitat in the adjacent 108 acres of open space preserve. Therefore, neither of the two CAGN will be taken and thus the project will preserve 100% of the CAGN onsite. In accordance with the HMP, the project will be required to implement management of the CAGN habitat to include: 1) manage preserve areas to minimize edge effects, control cowbirds and predators, prevent livestock overgrazing, and restrict human disturbance; 2) prepare and implement a fire management program for preserve areas as part of a detailed management plan; and 3) where opportunities arise, enhance and restore CSS within preserve areas, with priorities given to the creation of CAGN breeding opportunities within constrained linkages. As proposed, approximately 1.96 acres of CSS habitat will be created, restored and enhanced within the disturbed areas of the Green Valley Master Plan. A preserve management and fire management program will be included in the long-term management and maintenance plan for the preserved open space. In addition, to protect CAGN breeding in the HMP preserve area, mitigation measures are proposed that would prohibit clearing, grubbing, grading or other construction activities in the CSS from February 15 to August 31, the breeding season of the CAGN. Additionally, from February 15 to August 31, no construction activities shall occur within any portion of the site where they would result in noise levels exceeding 60 dB(A) hourly average at the edge ofCSS. Indirect Impacts and Additional Mitigation The project is located adjacent to a hardline preserve area. In order to minimize edge effects, the HMP requires the following adjacency standards to be addressed in the planning of any development/habitat interface: 1. Fire Management: A 40 foot minimum fire suppression zone will be provided between habitable structures and preserved biological resources. The habitat occurring within the 40 to 50 foot fire suppression zone will be subject to brush management standards and these areas are not included within the open space preserve area. The reduced brush management zone allows for maximum preservation of the biological resource and the reduced fire suppression zone (from 60 feet) is supported by the Carlsbad Fire Department due to the extensive use of fire retardant building materials and building design. The paved surfaces near the building act as an additional fire break and the parking areas and driveways are sited to allow for adequate fire department access. Thus, the project as proposed accomplishes the two stated objectives for protection of biological resources and hazard reduction for humans and their properties. 2. Erosion Control: The project will implement erosion control measures to avoid pollution and sedimentation of important water sources and the loss of vegetative cover from landslides. The project implements best management practices by incorporating erosion control features into the project which include a brow ditch and grass-lined swales to catch drainage flow at the western edge of the site and route it around the project into appropriately sized storm drains. Because the majority of the preserve area is uphill from the development pad, there is no concern that runoff or drainage will enter the preserve from the developed site. All impacted slopes 11 Rev. 02/22/06 within the project site will be planted with appropriate landscaping to limit runoffduring rain events. 3. Landscaping Restrictions: In response to the biological objectives of preserve areas, mitigation measures have been included to prohibit the use of non-native, invasive plant materials within the project site. Genetic contamination will be avoided by keeping areas landscaped with only approved plants. No plants that may run the risk of cross- breeding with nearby native plants will be used. All runoff has been designed to remain within the on-site landscaped areas or to be filtered through appropriate storm drain facilities. 4. Fencing. Signs, and Lighting: The project will use appropriate fencing, signs and lighting to protect sensitive biological resources through the following mitigation measures. Preserve areas will be properly fenced to prevent direct human access from the adjacent office complex and parking lot. The preserve area shall be labeled with signs as recommended in the project's open space management plan. Project lighting will require shielding to ensure that building and parking lot lighting does not spillover into the adjacent preserve area. 5. Predator and Exotic Species: Damage to existing biological resources as a result of predators and exotic species is not expected to be significant since the proposed project is a commercial facility and almost no introduction of domestic pets is expected to occur. Similarly, exotic species will be controlled through the prohibition of non- native and/or invasive plant materials as previously recommended in the Landscaping Restrictions. As an added measure to limit predators in the preserve areas, the following items will be included in the Preserve Management Plan for the project: 1) require an educational leaflet to be made available to the project tenants with regard to domestic pets; 2) monitor cowbirds associated with Lot 5; and 3) monitor native predators on preserve areas associated with Lot 5. Additionally, in accordance with the HMP, the open space area will need to be protected by a conservation easement and an endowment will need to be established for long-term management, monitoring and reporting of the area in perpetuity. Title to the open space parcel will need to be transferred to an appropriate land trust entity. The conditioned mitigation will result in a less than significant impact to biological resources. b & d) No Impact. The Biological Technical Report does not identify any wetlands vegetation on site. The project has been designed to comply with the City of Carlsbad HMP and does not conflict with any policies or ordinances protecting biological resources. No tributary areas were identified on site, therefore no impact is assessed. 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 archeological 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 Mitigation Incorporated Less Than Significant No Impact Impact D D D D D D D D 12 Rev. 02/22/06 a-d) No Additional Impact Assessed. The Cultural Resource Survey for the site, prepared by Brian F. Smith and Associates, was analyzed in EIR 93-02. Cultural Resources were identified, however none of those sites fall within the boundaries of the proposed project. However, in accordance with the mitigation measures for EIR 93- 02, grading of the site will need to be monitored by a Qualified Biologist. No additional mitigation is required. c) No Additional Impact Assessed. EIR 93-02 identified that potential impacts could occur to paleontological resources if fossils are discovered during grading operations. The on-site soils consist of Topsoil and Tertiary-age Santiago Formations. Grading of the site is expected to consist of minor cuts in the western area and fills up to 15 feet in the southern and eastern areas. It is unlikely that fossils will be found in this minimal amount of grading, particularly because much of the soils were deposited in the area during the previous rough grading of the site. However a mitigation measure is included in EIR 93-02 requiring a paleontological resource monitoring plan to be developed by a Certified Paleontologist prior to the initiation of grading operations. The project is required to implement all applicable mitigation measures developed for EIR 93-02 and no additional mitigation is required. VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Table 18 - 1-B of the Uniform Building Code (1997), creating substantial risks to life or property? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D D D Q El Kl D D D D D 13 Rev. 02/22/06 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 a-e) No Additional Impact. A geotechnical evaluation was conducted for the Green Valley Master Plan and Program EIR 93-02 concluded that the subject site appears to be suitable for development from a geotechnical perspective. No significant geologic or geotechnical constraints were identified that could not be mitigated by proper planning, design and standard construction practices. A supplemental report for the subject site was prepared by Leighton and Associates, Inc. (Preliminary Geotechnical Investigation, dated September 16, 2005). The report concludes that the proposed development is feasible from a geotechnical standpoint, provided the conclusions and recommendations of the report are incorporated during design and construction. Mitigation Measures developed for EIR 93-02 require the preparation of a subsequent comprehensive geotechnical evaluation, which has been prepared; and requires that the project shall incorporate the recommendations as provided in the comprehensive geotechnical evaluation, including observation and inspection by the project geologist. No additional mitigation is required. 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? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Potentially Significant Impact D D Potentially Significant Unless Mitigation Incorporated D D D D Less Than Significant No Impact. Impact D D D D D D D D 14 Rev. 02/22/06 D D n g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? a-h) No Impact. The proposed office development does not propose any transportation or storage of hazardous materials. The site is not listed as a hazardous materials site. This project requires fire suppression zones for protection from wildland fires and the fire suppression zones are indicated on the tentative parcel map. The site is not located within the Airport Influence Area of the McClellan Palomar Airport Comprehensive Land Use Plan. Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated VIII. HYDROLOGY AND WATER QUALITY - Would the project: Less Than Significant No Impact Impact 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)? 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? D D D n - n n n n n n n n n n 15 Rev. 02/22/06 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? D D D D D D D D a-j) No Additional Impact. Impacts to Water Quality and Hydrology were analyzed in the Program EIR 93- 02 for the Green Valley Master Plan. Mitigation measures to reduce impacts to a less than significant impact were identified and include implementation of the Storm Drainage and Desiltation/Depollutant Plan as proposed in the Master Plan. A Preliminary Storm Water Management Plan prepared by O'Day Consultants, dated September 30, 2005 and Preliminary Drainage Study prepared by O'Day Consultants dated January 23, 2006 were prepared for the project. The subject property is required by law to comply with federal, state and local water quality regulations including the Clean Water Act, California Administrative Code Title 23, and specific basin plan objectives identified in the "Water Quality Control Plan for the San Diego Basin". The project is required to adhere to all applicable Regional Water Quality Control Board (RWQCB) regulations for control of sedimentation and erosion, and to comply with National Pollutant Discharge Elimination System (NPDES) requirements and Best Management Practices (BMPs) The proposed project will include all water quality infrastructure as required by the City of Carlsbad. As a result, there will be no impact to water quality, site erosion, pollution discharge, or drainage from the site as it may affect adjacent properties and existing storm water infrastructure. No additional mitigation required. 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 Less Than Significant No Impact Impact D D D D a -c) No Impact. The project is a commercial office development project consistent with the uses anticipated in the Green Valley Master Plan. The site does not physically divide an established community. The proposed project does not conflict with any existing or proposed land use plans or policies of the City of Carlsbad. The project includes a proposed amendment to the General Plan Land Use designations to designate the areas of the site proposed for preservation to Open Space (OS). The project does not conflict with any applicable plans or policies. 16 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D D D O a-b) No Impact. There is no indication that the subject property contains any known mineral resources that would be of future value to the region or the residents of the State. 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 D D D n n 17 Rev. 02/22/06 a-1) No additional Impact. The anticipated grading operation associated with the proposed commercial office development would result in a temporary construction-related noise impacts. Noise impacts related to development within the Green Valley Master Plan were evaluated in EIR 93-02 and mitigation measures were developed to reduce short-term noise impacts to a less than significant level. A second mitigation measure related to construction of residential uses is not applicable to the proposed commercial office development. No additional mitigation is required. Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated XII. POPULATION AND HOUSING - Would the project: Less Than Significant No Impact Impact 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? D D n n D n n Less Than Significant No Impact Impact a-c) No Impact. The subject site is designated for commercial development. Development of the proposed 21,000 sf office building would not induce substantial growth in the area either directly or indirectly. No major infrastructure facilities are proposed for extension to serve the project. The project site is currently vacant therefore no existing housing or people will be displaced. Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated 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? D n n n n 18 Rev. 02/22/06 a) No Impact. EIR 93-02 concluded that overall impacts to public facilities and service systems were not significant provided that all the appropriate agency conditions for development are met, including payment of public facilities fees. No mitigation measures required. Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated XIV. RECREATION Less Than Significant No Impact Impact 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? D D D a-b) No Impact. The proposed office development will not result in the deterioration of existing neighborhood or regional parks or cause such parks to be expanded, so no adverse physical effect on the environment will occur. Potentially Significant Potentially Significant 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 safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in insufficient parking capacity? Impact Unless Mitigation Incorporated Less Than Significant No Impact Impact D D D D D D D IE) D [xJ D D D D 19 Rev. 02/22/06 33 g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? D D D a-d) No additional Impact. EIR 93-02 analyzed the traffic impacts associated with the development of the Green Valley Master Plan and mitigation measures were developed to reduce the impacts to less than significant. All required mitigation was completed with the first development phases of the Green Valley Master Plan. The project is within the scope of the Program EIR 93-02 and the proposed development will not cumulatively exceed the 300,000 sf of commercial retail area anticipated to occur within the Green Valley Master Plan project area. No additional mitigation is required. e-g) No Impact. The project has been designed to comply with the parking requirements of the Master Plan and City of Carlsbad Zoning Ordinance and the project has been reviewed for compliance with emergency access requirements. The project does not conflict with any adopted plans or programs for alternative transportation. 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 D D D Potentially Significant Unless Mitigation Incorporated D D Less Than Significant No Impact Impact D D D n n n a-g) No Impact. EIR 93-02 concluded that overall impacts to public facilities and service systems were not significant provided that all the appropriate agency conditions for development are met, including payment of public facilities fees. No mitigation measures required. 20 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 D. D D D D D D a) Less than Significant Impact. The proposed project's required mitigation, as outlined in the Biological Resources.section of this report, will preclude any possible degrading of the environment or substantial reductions of habitat and wildlife species. Cumulative impacts to sensitive plant and wildlife species within the MHCP Subarea would occur through the proposed project, in absence of the implementation of the HMP, and specifically the adjacent preserve system. However, the implementation of the HMP provides mitigation for these cumulative impacts because the plan has anticipated region-wide impacts and has adopted a preserve system that mitigates for these impacts. The Project is consistent with the MCHP guidelines and the regional planning efforts in the City of Carlsbad. Therefore, there will be no cumulative impacts to sensitive uplands, and plant and wildlife species. 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. The proposed project does not eliminate important examples of major periods of California history. b) Less than Significant Impact. San Diego Association of Governments (SANDAG) projects regional growth for the greater San Diego area, and local General Plan land, use policies are incorporated into SANDAG projections. Based upon those projections, region-wide standards, including storm water quality control, air quality standards, habitat conservation, congestion management standards, etc., are established to reduce the cumulative impacts of development in the region. All of the City's development standards and regulations are consistent with the region wide standards. The City's standards and regulations, including grading standards, water quality and drainage standards, traffic standards, habitat and cultural resource protection regulations, and public facility standards, ensure that development within the City will not result in a significant cumulatively considerable impact. 21 Rev. 02/22/06 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 in the Green Valley Program EIR 93-02, the project would contribute to a cumulatively considerable potential net increase in emissions throughout the air basin. However, 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. c) No Impact. Based upon the commercial nature of the project and 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. 22 Rev. 02/22/06 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 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. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01). City of Carlsbad Planning Department, dated March 1994. 2. Final Program Environmental Impact Report for the Green Valley Master Plan and Master Tentative Map (EIR 93-02), Coleman Planning Group, dated December 1995. 3. Preliminary Biological Assessment Lot 5 at La Costa Glen. Planning Systems, dated June 20,2006. 4. Preliminary Geotechnical Investigation Proposed Carlsbad Office Building La Costa Glen. Leighton and Associates, Inc., dated September 16, 2005. 5. Preliminary Storm Water Management Plan for La Costa Glen Offices. O'Day Consultants, dated September 30,2005. 6. Preliminary Drainage Study for La Costa Glen Offices. O'Day Consultants, dated January 23, 2006. 23 Rev. 02/22/06 LIST OF MITIGATING MEASURES CIF APPLICABLE^ 1. The project will impact 0.98 acres (32.9%) of the 2.98 acres of CSS onsite (including revegetated CSS). Approximately 2.00 acres (67.1%) of the on-site CSS will be preserved. Minimum HMP mitigation requirements for CSS impacts in the coastal zone require "no net loss" of habitat resulting in a 2:1 mitigation ratio. On-site preservation is not eligible for mitigation credit in the coastal zone. In order to satisfy the "no net loss" creation component of mitigation as required by the HMP, the project proposes the following: a. Revegetation of 1.16 acres of non-native grassland habitat shall occur within five plots. Four of the plots are located within or adjacent to Lot 10 of Carlsbad Tract 92-08 and one plot is located adjacent to riparian habitat along El Camino Real. b. Substantial restoration of 0.39 acres of highly disturbed CSS shall occur in three plots located within or adjacent to Lot 10. The plots are disturbed by non-native grassland and highly invasive ruderal species. c. Enhancement of 0.41 acres of disturbed CSS shall occur on one plot that is within Lot 10. This plot is degraded by non-native grassland species and by highly invasive ruderal species. 2. An in-lieu mitigation fee shall be paid for impacts to 1.5 acres of non-native grasslands at a ratio of 0.5:1 (0.75 acres x impact fee for Habitat Type Group E). . 3. An in-lieu mitigation fee shall be paid for impacts to 0.12 acres of disturbed lands at a ratio of 1:1 (0.12 acres x impact fee for Habitat Type Group F). 4. Plans for the revegetation, substantial restoration, and enhancement of CSS in the areas shown in the Preliminary Biological Assessment, Planning Systems, dated June 20, 2006, shall be subject to the consultation and concurrence of the U. S. Fish and Wildlife Service (USFWS) and California Department of Fish and Game (CDFG) and the approval of the City of Carlsbad prior to issuance of a grading permit or recordation, of the Final Map, which ever occurs first. The California Coastal Commission shall be notified and provided an opportunity to comment upon proposed substitutions of substantial restoration for the required creation component. 5. Three narrow-endemic species have the have the potential to occur on site: Thread-leaf brodiaea, Orcutt's brodiaea, and San Diego Goldenstar. In order to conclusively determine the presence or absence of these species, a follow-up survey shall be required to occur in May, prior to issuance of grading permits for the project. If future investigations determine that any of these three species occur on site, the following conservation measures will be required: a. All individuals occurring on Lot 5 within areas not proposed for development will be conserved. b. If less than 20% of the narrow endemic population (occurring on Lot 5) is impacted, no additional mitigation measures will be required other than conservation of the non-impacted individuals, pursuant to the HMP requirements of "conservation of at least 80% of the narrow endemic population". c. If it is determined that more than 20% of the individuals will be impacted, all individuals in areas to be impacted will be transplanted to a suitable site within the Green Valley Master Plan area. A mitigation program will be prepared by a qualified biologist and must be approved by the City of Carlsbad prior to grading of the site. 6. Prior to recordation of the final map or prior to issuance of a grading permit, whichever occurs first, the Developer shall take the following actions to the satisfaction of the Planning Director in relation to the open space lot(s) which are being conserved, revegetated, restored and enhanced for natural habitat in conformance with the City's Habitat Management Plan: 24 Rev. 02/22/06 a. Select a conservation entity, subject to approval by the City, that possesses qualifications to manage the open space lot(s) for conservation purposes. b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of the open space lot(s) in perpetuity. c. Based on the results of the PAR, provide a non-wasting endowment or other financial mechanism acceptable to the Planning Director and conservation entity, if any, in an amount sufficient for management and monitoring of the open space lot(s) in perpetuity. The Conservation Easement shall provide that the non-wasting endowment shall transfer to the City if the City accepts the Irrevocable Offer to Dedicate fee title to the open space lot(s). d. Record a Conservation Easement over the open space lot(s) which includes an Irrevocable Offer to Dedicate fee title to the open space lot(s) in favor of the City. e. Prepare a permanent preserve management plan for the City's approval that will ensure adequate management, including preparation of the PAR and provision of the endowment, of the open space lot(s) in perpetuity. 7. The management for the CAGN habitat shall include the following: a. manage preserve areas to minimize edge effects, control cowbirds and predators, prevent livestock overgrazing, and restrict human disturbance; b. prepare and implement a fire management program for preserve areas as part of a detailed management plan; and c. where opportunities arise, enhance and restore CSS within preserve areas, with priorities given to the creation of CAGN breeding opportunities within constrained linkages. As proposed, approximately 1.96 acres of CSS habitat will be created within the disturbed areas of the Green Valley Master Plan open space preserve area. d. A preserve management and fire management program shall be included in the long-term management and maintenance plan for the preserved open space. 8. As an added measure to limit predators in the preserve areas, the following items will be included in the Preserve Management Plan for the project: a. Require an educational leaflet to be made available to the project tenants with regard to domestic pets. b. Monitor cowbirds associated with Lot 5. c. Monitor native predators on preserve areas associated with Lot 5. 9. No clearing, grubbing, grading or other construction activities shall occur in the CSS from February 15 to August 31, the breeding season of the CAGN unless a qualified biologist confirms, through a documented survey immediately prior to clearing activities, that no nesting CAGN or other sensitive birds will be impacted. 10. Construction noise that could affect migratory songbirds and other species associated with the sensitive habitat area shall be avoided. In order to ensure compliance, grading shall be avoided during the bird nesting season (February 15-August 31). If a grading permit is required, this restriction can be waived by the City of Carlsbad, with concurrence from the Wildlife Agencies (USFWS and CDFG), upon completion of a breeding/nesting bird survey in accordance to the Migratory Bird Treaty Act. If nests are present, no grading or removal of habitat may take place within 200 feet of active nesting sites during the nesting/breeding season (mid-February through mid-July). A buffer zone will be established around any identified nests in coordination with the monitoring biologist. No construction activities shall occur within 25 Rev. 02/22/06 any portion of the site where they would result in noise levels exceeding 60 dB(A) hourly average at the edge of CSS. 11. Temporary habitat protection fencing shall be installed to protect the habitat during grading and construction. A qualified biologist shall establish the limits of the sensitive habitat in the field prior to grading and the biologist shall verify in writing that the habitat protection fence has been appropriately placed and is adequately functioning during site grading. 12. Once grading and construction is completed, the temporary fence shall be removed and a minimum 5 foot high permanent fence shall be placed in an approved location to prevent access to conserved areas by domesticated animals. The project fencing shall restrict human access to the HMP Preserve but allow for wildlife movement without directing wildlife onto the road. The project shall install signs to educate the public about the goals of the HMP Preserve and that prohibit public access to it. The permanent fence locations shall be subject to approval by the Planning Director. 13. To prevent the loss of vegetative cover in the HMP Preserve, the project shall prohibit bare surface grading for fire control on slopes and ensure that fire control leaves (or replaces) adequate vegetative cover to prevent surface erosion. Fuel modification areas shall not occur within the HMP Preserve areas. The project shall also ensure that all areas of habitat creation are adequately stabilized (e.g., with a binder) after planting to minimize surface erosion. Finally, the project shall ensure that no new surface drainage is directed into the HMP Preserve. Public education regarding fire prevention and safety shall be provided in the project CC&R's so that both biological and safety goals are met. 14. For exotic species control, the project shall not use any non-native, invasive plant species in landscaping adjacent to the HMP Preserve. The landscape plan shall utilize only indigenous, native species adjacent to the sensitive habitat area in order to prevent invasive/noxious species from invading the sensitive habitat. No invasive/noxious species shall be allowed within the project's plant palette. Plants that run the risk of cross-breeding with nearby native plants shall not be used. The landscape plan plant palette shall be reviewed by the project biologist and the project biologist shall certify in writing, to the satisfaction of the Planning Director, that the plant palette is appropriate and meets this standard prior to approval of the landscape plan by the City of Carlsbad. 15. The project shall control irrigation of landscaping adjacent to the HMP Preserve to prevent runoff into it. 16. Lighting on the building and parking areas adjacent to the HMP preserve shall be of the minimum footcandles necessary for safety and security and shall be shielded and directed to shine downward and not into the HMP Preserve. Lighting restrictions shall be included in the project CC&R's. APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. 1H 3 -of, Date Signature / 26 Rev. 02/22/06 9 8 £o o CN.O 0. o _ CD III CD•sCD O CD 2 O EoO c e> (/}oO ro u O T- LLI 0 -5 O) O CO CtD- 0. 03 8O CO O CL Q X uSo 0_COOH Q111 osi's o Q. =d Q LJ_ CO 2 Ia: "ro jc -QD)*- E '*3 W 0)•p eg «c ro «2o o <•^•ao (A COro CDCD •-inro 7; .52 Dl CD£:F E •7S CO a> °-*- '£< .!2 S •^ T3 >. i^ CD .±iCQ T3 •- ^ T3 CD £ " "TO O T3i- O fl) = CD 8 « E C o <I> ~ C Q.CD ro c w .^ ro CD ro oCD _ E § c «g _ « o •I?*- c•E J2C O_ ro "c ECD ~ E ro § S 'cl0 O 0>">c c-5 CD JD T> £ -i T3 CN - o E ^3o CDo co CDa) ro Eo (A O2 5 l|CD Q- E ^ .1 = D>o±i COEr; 1- ^ S CD (0 VerifiedpiementationE c §n>r>^ "• *2 1| O Q ^> ^•^ O f •c o> 1^IH Mitigation Measureo>c'ccro CL 0 5 CL CD .*-» t Q. CD O « fljg 5 .« •0m •4- *SO CD ^ D) £2 0) CD CNJco o>'~' cw '13 £.2b oro .£ COO> CD o^ o§ro2-coE co 2 ° 5> M—> 0 t5 w0) CD o' o li05 £§ - CN T~ D> "6 O) ^ 1 ° E ^ D. ^»CSS). Approximately 2.00 acres (67.1%) of the csite CSS will be preserved. Minimum Hkc ._ "^3 0 QJ Qi | mitigation requirements for CSS impacts in tro ^5* To £ "5 r "5(/>a? •4— '25ro »*—o "too>_o "CDc 0 ~a> 3CT £ CD 1 -2"toro0o •5 _OT C O 1 CD</>a?Q. CD«4-* 'i CD o % cg "roD) E T- csi ro c c 1 eligible for mitigation credit in the coastal zone.•£ coQ. OO O U-»ro £o "(/)w JO 1 o 3 (D 1"ro(/> o*-* L_CD"20 •Q 9> w o w jj] o §^|i"l£ c-^ o^ Q." *o Z ° ? ;§ "T* 5 J" r~ CD £ ^ '1 9 cjr o o T-I f^ ro** ro o g CD -n >, O <S <_, COf^ (13 (J ^^ "o ^ ro o ,L-CD ^ ^: — r- 0c- . . V) CD M•50 by=. c «*- *-• co ro ^ s'l °|B|§(0=5 c5"5.roro-=; ffl« ^^l^f8,g£ "S 1 ^ "° -a 'o"row en— oogjc S § I^g-Sl E Q- DC D)U 1 ® O^2 ° Q- ro n o>c 1 S ga sc _3 8 JSa. oc 10 (0 V. f 1 0 — »-" f— w Headings:•5 0 recre QXUl ongoing, cu. = Departrrn measure.-.-•5. .2o a> w•§.Q.S>S D>-«Q. .E E i' o Q. g ^— S 0)' Eg' '•s.2>m i = When mand dated.£-0n <D d°-3£glra c £ ^.£ W 3 r— ^m0 N CDO) 01 L -i(QE(U •ol "5 E c P toC C OE CO ^-*D) CC <D '= Psi C ro ° § ?v° c 1 1c u.0 ~Mitigation Measure>>"O Q) >. £/5 (/) W Substantial restoration of 0.39 acres of highldisturbed CSS shall occur in three plots locatewithin or adjacent to Lot 10. The plots ardisturbed by non-native grassland and highlinvasive ruderal species.Enhancement of 0.41 acres of disturbed CS!shall occur on one plot that is within Lot 10. Thiplot is degraded by non-native grassland specieand by highly invasive ruderal species.jd o •£ Si U),™ C IIa. <DD ™ C&o ^ o p en ° ra -jgmill O T-i in-lieu mitigation fee shall be paid for impacts t> acres of non-native grasslands at a ratio of 0.5:75 acres x impact fee for Habitat Type Group E).» d«J < T-1 2- c\i •£ \Jt (JJ ™ CD i« llQ "o c ro i_ .2 2 o " co ° "re 75 lll&i? 2 CM t3 "— 'CO __O.T: ^ Z "S Q. l?o 1*1- r= OT *- CO *O CO w _ro lo c- "Q O o 3 o IP'S "S E O CO w 2- « 2 •- •- CM 0) c T~ O< o m CO &Q. 3 (0 o 1 oing,DepareasuI" : O. .2. " o •o 0) 0)ro L 1 E0) c "U ^ 1 1 "cE c , C C CO 0)"cC Q) sic roi s5 a O)cIIos ;::::... .,>.-•• Mitigation Measure ;'>Cj;: •':"•• ..-::.';v v.;-fi CO)rn s; O Jfc inV *~ ™"* n) 1 1 c i I 1 TSf* »2 Q-O C (00 o *=8 0 '-S »- O* " "7S ^ ~n E o * E 1 S 8. 8 S Plans for the revegetation, substantial restoration,and enhancement of CSS in the areas shown in thePreliminary Biological Assessment, PlanningSystems, dated June 20, 2006, shall be subject tothe consultation and concurrence of the U. S. Fishand Wildlife Service (USFWS), and CaliforniaDepartment of Fish and Game (CDFG) andapproval by the City of Carlsbad prior to issuance ofa grading permit or recordation of the Final Map,which ever occurs first. The California CoastalCommission shall be notified and provided anopportunity to comment upon proposed substitutionsof substantial restoration for the required creationcomponent.•"^* (UO)COa. 1COECD£ Co ^ /BE»: <U fc E llOQ. (O «4-»O) CC 0) ™ Is O ^^> 03Q O) O Q s Mitigation MeasurecCOn o DL j 5. Three narrow-endemic species have the have the•£CDE m Q.0) Q CO •5 8 o,^ w 5 jo.J2 D) Q.potential to occur on site: Thread-leaf brodiaea,Orcutt's brodiaea, and San Diego Goldenstar. Inorder to conclusively determine the presence orabsence of these species, a follow-up survey shallbe required to occur in May, prior to issuance ofgrading permits for the project. If futureinvestigations determine that any of these threespecies occur on site, the following conservationmeasures will be required:a. All individuals occurring on Lot 5 within areasnot proposed for development will beconserved,b. If less than 20% of the narrow endemicpopulation (occurring on Lot 5) is impacted, noadditional mitigation measures will be requiredother than conservation of the non-impacted1 individuals, pursuant to the HMP requirements1 of "conservation of at least 80% of the narrow1 endemic population".0>-+•* 'S ^oOJ CO -*-• 8>o E to •*-* 1 0)T3 _W .t± H_ d 1 individuals will be impacted, all individuals in1 areas to be impacted will be transplanted to ai_ Si"mCO2 >.JD "co C<u £0 JZ c!c "I 3'55 <u JQ V) (D 0) O.a .a ** = 12 oM* E -p-o CO £ <01- CO .Q 2«1a8>o £ -2 *-.2 _Q o S-g^•|sbt to3 0)< CT£ CO -a* 8?1c as CO CD §• S Q. CO .-sCO <D •4-»«^«O O) '•5 o> E 5 «£ «Q. in vt a> '•ao>•£ l< |1 >T311 £g£ra « c^flo c-« .£ OT m DO)0}Q. CD - £0)OL | 1 ='c ?•0) t> «a E c ° «C C 5 03 00. OT 0)"cC Q) If ° TO 11 §*-5 Mitigation Measure fE TO Q) it 0. 0)Q •S o|o>°fc g !TE •C W S Q) Q. .S2 CD Q. .it o ir0 ££ "o Prior to recordation of the final map or prior toissuance of a grading permit, whichever occurs first,the Developer shall take the following actions to thesatisfaction of the Planning Director in relation to theopen space lot(s) which are being conserved,revegetated, restored and enhanced for natural<o habitat in conformance with the City's HabitatManagement Plan:a. Select a conservation entity, subject to approvalby the City, that possesses qualifications tomanage the open space lot(s) for conservationpurposes.£s "E <u 0)01 3 .52 |1 0 I" O -TO CL° CD "S3 CO ,_ <u£ -C>estimating the costs of management andmonitoring of the open space lot(s) in perpetuity.c. Based on the results of the PAR, provide a non-wasting endowment or other financial mechanismacceptable to the Planning Director andconservation entity, if any, in an amount sufficientfor management and monitoring of the openspace lot(s) in perpetuity. The ConservationEasement shall provide that the non-wastingendowment shall transfer to the City if the Cityaccepts the Irrevocable Offer to Dedicate fee titleto the open space lot(s).i12L Qa: CO I Iffil*!0)easureMitigationQ) 0_ 5>Q I Ig a> ir -.is ^ z Sf*i1g S ^ § g iZ flv|l . l c S 8 sir iii' - Q.O >,c ^ •g }jj Q. D) C S o o Q. Q. E $ -d o -5. S <o.Eo. o *o h- 0)O) Q. 1 <oa: cc T3 S £ = '§ E > <"a E •c f c o- co onitoring ;tpartment:?.° ^11 i Mitigation MeasureD) 'c ro Q. o^-»k_o CL 0>As an added measure to limit predators in tco partment8 ro •s 8 o> 3^6w J? .«« o) c preserve areas, the following items will be includedthe Preserve Management Plan for the project:si±i "U£ o &l! (U T3roE 5 2 3> "ro o 1~o<D Cro 0) OL re Q.ro "roc iZ •5 Q ^^available to the project tenants with regarddomestic pets.b. Monitor cowbirds associated with Lot 5.<a Q c. Monitor native predators on preserve areassociated with Lot 5.0) 0) II« ao_* • ro •6 o§•*-* c•_ ro 0 3C W Q. .« C Oo *•"No clearing, grubbing, grading or other construct!activities shall occur in the CSS from February 15O) i".-= 11O) Q. CO -0W 0)O <Dc .a August 31, the breeding season of the CAGN unlea qualified biologist confirms, through a documentsurvey immediately prior to clearing activities, thatnesting CAGN or other sensitive birds willimpacted.f ••a S-s D O 0 CDD)cc L (0E0)OL .g ~% &.9? cy= <B fe E "5E C' C c W C 0) IES -c § Qs<3 D) 'C (D ^3 ^*cr t— "*fS ^™ |M Mitigation MeasureD) 0) £ "C jra g[ n fl> G (0•s „ O)•B C c .tSu. ro = co 3 12 t•c w 2 o5D_ .!2 o> Q.. Construction noise that could affect migratorysongbirds and other species associated with thesensitive habitat area shall be avoided. In order toensure compliance, grading shall be avoided duringthe bird nesting season (February 15-August 31). If agrading permit is required, this restriction can bewaived by the City of Carlsbad, with concurrencefrom the Wildlife Agencies (USFWS and CDFG),upon completion of a breeding/nesting bird survey inaccordance to the Migratory Bird Treaty Act. If nestsare present, no grading or removal of habitat maytake place within 200 feet of active nesting sitesduring the nesting/breeding season (mid-Februarythrough mid-July). A buffer zone will be establishedaround any identified nests in coordination with themonitoring biologist. No construction activities shalloccur within any portion of the site where they wouldresult in noise levels exceeding 60 dB(A) hourlyaverage at the edge of CSS.o^^ |E « ao.^ (0•5 0) 0 " O)~ c c. *±i_ ro = co 3 12 E£.s la .Temporary habitat protection fencing shall beinstalled to protect the habitat during grading andconstruction. A qualified biologist shall establish thelimits of the sensitive habitat in the field prior tograding and the biologist shall verify in writing thatthe habitat protection fence has been appropriatelyplaced and is adequately functioning during sitegrading.T— i'i 0 M— O 05 CDD)CO 0- roe a! co ll ! 1 1 co c/5§cra^Q- C/) ait:C <D'C C 3 -c c S° § D> 3 | |H Mitigation Measure iO) <]} •— E IIn a) l$> -(1) O r> o|| §8 *" T"1 r? ^ "^ c •i CD o ^ ro J£S 0_ O O CO _J 0.. Once grading and construction is completed, thetemporary fence shall be removed and a minimum 5foot high permanent fence shall be placed in anapproved location to prevent access to conservedareas by domesticated animals. The project fencingshall restrict human access to the HMP Preserve butallow for wildlife movement without directing wildlifeonto the road. The project shall install signs toeducate the public about the goals of the HMPPreserve and that prohibit public access to it. Thepermanent fence locations shall be subject to(Ni™"approval by the Planning Director.0)§ i E o.g 0 CDC? |ll.> T3 O). To prevent the loss of vegetative cover in the HMPPreserve, the project shall prohibit bare surfacegrading for fire control on slopes and ensure that firecontrol leaves (or replaces) adequate vegetativecover to prevent surface erosion. Fuel modificationareas shall not occur within the HMP Preserve areas.The project shall also ensure that all areas of habitatcreation are adequately stabilized (e.g., with abinder) after planting to minimize surface erosion.Finally, the project shall ensure that no new surfacedrainage is directed into the HMP Preserve. Publiceducation regarding fire prevention and safety shallbe provided in the project CC&R's so that bothbiological and safety goals are met.CO III 111 IQ. 0 u— Oo oO) COQ. •i -1"S™?i(1) C Q jE c C C JZ c <u 11 C ro° § ^ Q 0, P 310s _o i ii ra (0JS Q.a. o>Q c §_ 0) O .E _j 0.For exotic species control, the project shall not useany non-native, invasive plant species in landscapingadjacent to the HMP Preserve. The landscape planshall utilize only indigenous, native species adjacentto the sensitive habitat area in order to preventinvasive/noxious species from invading the sensitivehabitat. No invasive/noxious species shall beallowed within the project's plant palette. Plants thatrun the risk of cross-breeding with nearby nativeplants shall not be used. The landscape plan plantpalette shall be reviewed by the project biologist andthe project biologist shall certify in writing, to thesatisfaction of the Planning Director that the plantpalette is appropriate and meets this standard priorto approval of the landscape plan by the City ofCarlsbad.•tT— m ro JS Q. 1. 0>Q D> 5 9> O The project shall control irrigation of landscapingadjacent to the HMP Preserve to prevent runoff intoit.in i>l c^ra <B— ftx o>Q £ III Hicu '5 ® "£ E Otr CD Q. £ 0.0 Lighting on the building and parking areas adjacentto the HMP preserve shall be of the minimumfootcandles necessary for safety and security andshall be shielded and directed to shine downwardand not into the HMP Preserve. Lighting restrictionsshall be included in the project CC&R's.(O 1 PLANNING COMMISSION RESOLUTION NO. 6214 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE AND 4 OPEN SPACE AND CONSERVATION ELEMENTS OF THE s GENERAL PLAN TO CHANGE AREAS DESIGNATED AS OS TO C/O/RMH AND TO CHANGE AREAS DESIGNATED FOR 6 C/O/RMH TO OS WITHIN A PORTION OF LOT 5 AND LOT 10 OF THE GREEN VALLEY MASTER PLAN ON PROPERTY 7 GENERALLY LOCATED NORTHWEST OF CALLE BARCELONA, WEST OF EL CAMINO REAL AND NORTH 8 OF LEUCADIA BOULEVARD IN THE EAST BATIQUITOS o LAGOON/HUNT PROPERTY SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES 10 MANAGEMENT ZONE 23. CASE NAME: LA COSTA GLEN CORPORATE CENTER 11 CASE NO: GPA 06-02 12 WHEREAS, Continuing Life Communities, LLC, "Owner/Developer," has 13 filed a verified application with the City of Carlsbad regarding property described as 14 Portions of Lot 5 and Lot 10 of City of Carlsbad Tract No. 92- 15 08 Green Valley, in the City of Carlsbad, County of San Diego, ,g State of California, according to map thereof No 13997, as filed 1 in the Office of the County recorder of San Diego County, July 17 10,2000 18 ("the Property"); and WHEREAS, said verified application constitutes a request for a General Plan 20 Amendment as shown on Exhibit "GPA 06-02" dated January 3, 2007, attached hereto and on 21 file in the Carlsbad Planning Department, LA COSTA GLEN CORPORATE CENTER - 22 GPA 06-02, as provided in Government Code Section 65350 et. seq. and Section 21.52.160 of 24 the Carlsbad Municipal Code; and 25 WHEREAS, the Planning Commission did, on the 3rd day of January, 2007, "Jfizo hold a duly noticed public hearing as prescribed by law to consider said request; and 27 WHEREAS, at said public hearing, upon hearing and considering all testimony 28 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the General Plan Amendment. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad, as follows: 3 A) That the above recitations are true and correct. 4 - B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of LA COSTA GLEN CORPORATE 6 CENTER - GPA 06-02, based on the following findings and subject to the following condition: 7 Findings;8 1. The Planning Commission finds that the projects is in conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated January 3, 10 2007 including, but not limited to the following: that the proposed addition of an Open Space (OS) Land Use designation is based on the environmental constraints of the 11 property and is environmentally and topographically appropriate for the site in that the slopes and habitat areas will be included in the open space preserve areas and *2 that these areas are proposed to be designated as OS on the General Plan Land Use , -, and Open Space and Conservation Maps and the proposed modification of OS to a Commercial/Office/Residential Medium-High (C/O/RMH) Land Use designation 14 will correct a mapping error showing OS on the developable portion of Lot 5. 15 2. Policy C.20 of the Open Space Planning and Protection Section of the General Plan Open Space and Conservation Element requires findings to adjust the boundaries of any open space shown on the "Official Open Space and Conservation Map" dated 17 September, 1994. The necessary findings are: 18 a. The proposed open space is equal to or greater than the area depicted on the Official Open Space Map in that the existing 0.31 acres of OS designated 19 land on Lot 5 will be modified to delete 0.23 acres which currently extend ~~ onto the previously graded pad and graded brush management slopes on the lower portion of Lot 5. The proposed adjustment in open space boundaries 21 will increase the acreage designated as OS on Lot 5 from approximately 0.31 acres to 2.67 acres, for a net gain of 2.36 acres and will add an additional 1.85 22 acres of OS designated lands within the open space preserve on Lot 10. TO b. The proposed open space area is of environmental quality equal to or greater 24 than that depicted on the Official Open Space Map in that the open space adjustment will eliminate the C/O/RMH Land Use designations on areas 25 proposed as open space preserve and will remove the OS designation from the developed and brush management areas on Lot 5. 26 c. The proposed adjustment to open space is within close proximity to the open space presently shown on the Official Open Space Map in that the proposed 2g amendment will change and increase the acreage of open space within the project boundaries by adding 1.85 acres of OS within Lot 10 and designating PC RESO NO. 6214 -2- 1 2 3 4 c:> 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a total of 2.67 acres of OS on Lot 5. The additional open space with existing open space. Conditions: is contiguous 1 . This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Master Plan Amendment MP 92-01(B), Local Coastal Program Amendment LCPA 06-01, HMPP 06-11, and CDP 05-51 and is subject to all conditions contained in Planning Resolutions No. 6213, 6215, 6216, 6217 and 6220 for those approvals herein by reference. 2. This approval is granted subject to the approval of MS 05-28 and is conditions contained in that approval incorporated herein by reference. Commission incorporated subject to all PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 3rd day of January following vote, to wit: , 2007, by the AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Douglas, Segall, and Whitton NOES: ABSENT: ABSTAIN: Commissioner Douglas I ' *A SL* *iE~*^ffQ ****Ti/b*f ff MARTELL B. MONTGOMERY, Chairperson CARLSBAD PLANNING COMMISSION ATTEST:ft ~yf<&k^ s (&u DON NEU Assistant Planning Director PCRESONO. 6214 -3-& GPA 06-02 LA COSTA GLEN CORPORATE CENTER 1/3/07 >,/C76/RWTH— *>»•——CS R/O/RMH*if ~™;r.£QI5MHr i* «r r^"- 'x,^ntxm£S~*f I i EXISTING PROPOSED Re/ated Case F//e No(s): MP 92-01(B)/LCPA 06-01/HMPP 06-11/ SDP 05- 1 6/HDP 05- 1 1/CDP 05-5 1 G.P. Map Desig Property A. FOR 255-01 2-05 B. FOR 255-01 2-10 C. D. From: C/O/RMH, OS C/O/RMH nation Change To: C/O/RMH, OS OS 1 PLANNING COMMISSION RESOLUTION NO. 6215 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MASTER PLAN AMENDMENT TO ADD THE OS LAND USE DESIGNATION ON A PORTION OF 5 PLANNING AREA 2 OF THE GREEN VALLEY MASTER PLAN ON PROPERTY GENERALLY LOCATED 6 NORTHWEST OF CALLE BARCELONA, WEST OF EL CAMINO REAL AND NORTH OF LEUCADIA BOULEVARD 7 IN THE EAST BATIQUITOS LAGOON/HUNT PROPERTY „ SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 23. 9 CASE NAME: LA COSTA GLEN CORPORATE CENTER CASE NO: MP 92-01 (B) 10 WHEREAS, Continuing Life Communities, LLC, "Owner/Developer," has 1 2 filed a verified application with the City of Carlsbad regarding property described as 13 Lot 5 of City of Carlsbad Tract No. 92-08 Green Valley, in the City of Carlsbad, County of San Diego, State of California, *4 according to map thereof No 13997, as filed in the Office of the , j- County recorder of San Diego County, July 10, 2000 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Master Plan I O Amendment as shown on Exhibit "X" dated January 3, 2007, on file in the Carlsbad Planning 1 Department, LA COSTA GLEN CORPORATE CENTER - MP 92-01(B), as provided by 20 MP 92-01 and Chapter 21.38 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on the 3rd day of January, 2007, 23 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/- relating to the Master Plan Amendment; and 27 WHEREAS, on February 6, 1996, the City Council approved, MP 92-01, as 28 described and conditioned in Planning Commission Resolution No. 3856 and City Council Ordinance No. NS-348; and amended MP 92-01(A) most recently on September 17, 1996 as^. described and conditioned in Planning Commission Resolution No. 3944 and City Council 2 Ordinance No. NS-377. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning4 - Commission of the City of Carlsbad as follows: 6 A) That the foregoing recitations are true and correct. 7 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of LA COSTA GLEN CORPORATE 8 CENTER - MP 92-01 (B)based on the following findings and subject to the o following conditions: 10 Findings: 11 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 January 3, 2007 including, but not limited to the following: that the 13 proposed addition of an Open Space (OS) Land Use designation is based on the environmental constraints of the property and is environmentally and 14 topographically appropriate for the site in that the slopes and habitat areas will be included in the open space preserve areas and that these areas are proposed to be 15 designated as OS on the General Plan Land Use and Open Space and Conservation ,,- Maps and the proposed modification of OS to a Commercial/Office/Residential Medium-High (C/O/RMH) Land Use designation will correct a mapping error 17 showing OS on the developable portion of the site. 18 2. That all necessary public facilities can be provided concurrent with need, and adequate provisions have been provided to implement those portions of the Capital Improvement Program applicable to the subject property in that the Master Plan includes conditions 2Q requiring the completion of infrastructure identified in the Local Facilities Management Plan (LFMP) for Zone 23 and according to a financing plan approved 21 by the City Council for LFMP Zone 23. 22 3. That the proposed commercial and open space uses will be appropriate in area, location, and overall design to the purpose intended, that the design and development are such as to create an environment of sustained desirability and stability, and that such 24 development will meet performance standards established by Title 21, in that all future development shall be reviewed for consistency with the Master Plan and Habitat 25 Management Plan (HMP). ^" 4. That in the case of institutional, recreational, and other similar nonresidential uses, such 27 development will be proposed, and surrounding areas are protected from any adverse effects from such development, in that the open space/development interface 28 standards of the HMP are applicable to future development. PCRESONO. 6215 -2- 5. That the streets and thoroughfares proposed are suitable and adequate to carry the 2 anticipated traffic thereon and the proposed amendment does not result in an intensification of uses or increase the maximum ADT anticipated by the Master 3 Plan and Green Valley Master Plan Program EIR 93-02. 6. That any proposed commercial development can be justified economically at the location proposed and will provide adequate commercial facilities of the types needed at such location proposed, in that the proposed commercial development is consistent with the 5 General Plan Land Use map. 7 7. That the area surrounding the development is or can be planned and zoned in coordination and substantial compatibility with the development, in that the surrounding areas are designated as open space and the Master Plan Amendment will provide additional o open space adjacent to the previously designated habitat preservation areas. 10 8. That appropriate measures are proposed to mitigate any adverse environmental impact as noted in the adopted Environmental Impact Report for the project (EIR 93-02) and the Mitigated Negative Declaration, in that the mitigation identified in the EIR and the La Costa Glen Mitigated Negative Declaration has been included as conditions of approval or incorporated into the project and will be monitored according to the 13 adopted Mitigation Monitoring and Reporting Programs. 14 9. The Planning Commission has reviewed each of the exactions imposed on the Developer 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. 17 Conditions: 18 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Master Plan document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur 2Q substantially as shown in the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 21 2. Prior to the issuance of any permits for the project, the applicant shall submit to the 22 Planning Director a digital copy and a camera-ready master copy of the LA COSTA 23 GLEN CORPORATE CENTER - MP 92-01(B), in addition to the required number of bound copies. 24 3. This approval is granted subject to the approval of the Mitigated Negative Declaration 25 and Mitigation Monitoring and Reporting Program, General Plan Amendment GPA 06-02, Local Coastal Program Amendment LCPA 06-01, HMPP 06-11, and 6 CDP 05-51 and is subject to all conditions contained in Planning Commission 27 Resolutions No. 6213, 6214, 6216, 6217, and 6220 for those approvals incorporated herein by reference. 28 4. This approval is granted subject to the approval of MS 05-28 and is subject to all conditions contained in that approval incorporated herein by reference. PCRESONO. 6215 -3- -^1 1 2 5 6 7 11 12 13 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, California, held on the 3rd day of January, 2007, by the following vote, to wit: AYES:Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Segall and Whitton NOES: ABSENT: ABSTAIN: Commissioner Douglas MARTELL B. MONTGOMER^fChairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Assistant Planning Director PCRESONO. 6215 -4-rt PLANNING COMMISSION RESOLUTION NO. 6216 1 ! 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 3 APPROVAL OF A LOCAL COASTAL PROGRAM AMENDMENT TO CHANGE THE LCP LAND USE 4 DESIGNATION FROM C/O/RMH TO OS ON 1.85 ACRES WITHIN LOT 10; FROM C/O/RMH TO OS ON 2.59 ACRES WITHIN LOT 5; AND FROM OS TO C/O/RMH ON 0.23 6 ACRES ON LOT 5 OF THE GREEN VALLEY MASTER PLAN ON PROPERTY GENERALLY LOCATED NORTHWEST OF 7 CALLE BARCELONA, WEST OF EL CAMINO REAL AND NORTH OF LEUCADIA BOULEVARD IN THE EAST 8 BATIQUITOS LAGOON/HUNT PROPERTY SEGMENT OF a THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 23, 1 o CASE NAME: LA COSTA GLEN CORPORATE CENTER CASE NO: LCPA 06-01 11 WHEREAS, California State law requires that the Local Coastal Program, 13 General Plan, and applicable Master Plan designations for properties in the Coastal Zone be in 14 conformance; and 15 WHEREAS, Continuing Life Communities, LLC, "Owner/Developer," has filed a verified application for an amendment to the General Plan Land Use Plan and 17 Planning Area 2 of the Green Valley Master Plan, which serves as the Implementation Plan 18 for the East Batiquitos Lagoon/Hunt Property Segment for the Local Coastal Program with 20 the City of Carlsbad regarding property described as 21 A portion of Lot 5 and Lot 10 of City of Carlsbad Tract No. 92-08 Green Valley, in the City of Carlsbad, County of San 22 Diego, State of California, according to map thereof No 13997, as filed in the Office of the County recorder of San Diego 25 County, July 10,2000 24 ("the Property"); and 25 WHEREAS, said verified application constitutes a request for a Local Coastal 26 27 Program Amendment as shown on Exhibit "MP 92-01(B)" dated January 3, 2007, attached to 28 Planning Commission Resolution No. 6215 and Exhibit LCPA 06-01 incorporated herein by reference, as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California 2 Coastal Commission Administrative Regulations; and 3 WHEREAS, the Planning Commission did on the 3rd day of January, 2007, 4 , hold a duly noticed public hearing as prescribed by law to consider said request; and 5 WHEREAS, at said public hearing, upon hearing and considering all testimony 7 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors o relating to the Local Coastal Program Amendment; and 9 WHEREAS, State Coastal Guidelines requires a six-week public review period 10 for any amendment to the Local Coastal Program. 11 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 13 Commission of the City of Carlsbad, as follows: 14 A) That the foregoing recitations are true and correct. 15 B) At the end of the State-mandated six-week review period, starting on November 16 10, 2006, and ending on December 22, 2006, staff shall present to the City Council a summary of the comments received. 17 C) That based on the evidence presented at the public hearing, the Commission 18 RECOMMENDS APPROVAL of LA COSTA GLEN CORPORATE CENTER - LCPA 06-01 based on the following findings, and subject to the following conditions: 20 Findings; 21 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is 22 in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the East Batiquitos Lagoon/Hunt Property segment of the Carlsbad Local Coastal 23 Program not being amended by this amendment, in that that the proposed addition of 24 an Open Space (OS) Land Use designation is based on the environmental constraints of the property and is environmentally and topographically appropriate 25 for the site in that the slopes and habitat areas will be included in the open space preserve areas and that these areas are proposed to be designated as OS on the 26 General Plan Land Use and Open Space and Conservation Maps and the proposed modification of OS to a Commercial/Office/Residential Medium-High (C/O/RMH) Land Use designation will correct a mapping error showing OS on the developable 2g portion of the site. PCRESONO. 6216 -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 2. That the proposed amendment to the East Batiquitos Lagoon/Hunt Property segment of the Carlsbad Local Coastal Program is required to bring it into consistency with the proposed General Plan Amendment (GPA 06-02) and Green Valley Master Plan Amendment (MP 92-01(B)). Conditions; 1. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment GPA 06-02, Master Plan Amendment MP 92-01(B), HMPP 06-11, and CDP 05-51 and is subject to all conditions contained in Planning Commission Resolutions No. 6213, 6214, 6215, 6217 and 6220 for those approvals incorporated herein by reference. 2. This approval is granted subject to the approval of MS 05-28 and is subject to all conditions contained in that approval incorporated herein by reference. PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning Commission of the City of Carlsbad, held on the 3rd day of January 2007, by the following vote, to wit: AYES:Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Segall, and Whitton NOES: ABSENT: ABSTAIN: Commissioner Douglas MARTELL B. MONTGOMERY; Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Assistant Planning Director PCRESONO. 6216 -3- LCPA 06-01 LA COSTA GLEN CORPORATE CENTER 1/3/07 EXISTING PROPOSED Related Case File No(s): GPA 06-02/MP 92-01 (B)/HMPP 06-11/ SDP 05-16/HDP 05- 11 /C DP 05-51 G.P. Map Designation Change Property A. FOR 255-01 2-05 B.POR 255-01 2-10 C. D. From: C/O/RMH, OS C/O/RMH To: C/O/RMH, OS OS 1 PLANNING COMMISSION RESOLUTION NO. 6217 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALFORNIA, RECOMMENDING APPROVAL OF A HABITAT MANAGEMENT PLAN PERMIT 4 FOR THE SUBDIVISION OF A 7.82 ACRE SITE INTO TWO 5 OPEN SPACE LOTS AND TWO COMMERCIAL LOTS, AND GRADING AND CONSTRUCTION OF A 21,904 SF OFFICE 6 BUILDING ON LOT 1 LOCATED WITHIN PLANNING AREA 2 OF THE GREEN VALLEY MASTER PLAN ON PROPERTY 7 GENERALLY LOCATED NORTHWEST OF CALLE BARCELONA, WEST OF EL CAMINO REAL AND NORTH 8 OF LEUCADIA BOULEVARD IN THE EAST BATIQUITOS 9 LAGOON/HUNT PROPERTY SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES 10 MANAGEMENT ZONE 23. CASE NAME: LA COSTA GLEN CORPORATE CENTER 11 CASE NO: HMPP 06-11 12 WHEREAS, Continuing Life Communities, LLC, "Owner/Developer," has 13 filed a verified application with the City of Carlsbad regarding property described as 14 Lot 5 of City of Carlsbad Tract No. 92-08 Green Valley, in the City of Carlsbad, County of San Diego, State of California, 16 according to map thereof No 13997, as filed in the Office of the County recorder of San Diego County, July 10,2000 17 ("the Property"); and 18 19 WHEREAS, the City of Carlsbad has received authorization to issue permits to 20 impact various sensitive species and habitats, including species listed as Threatened or 21 Endangered, by virtue of Incidental Take Permit No. TE022606-0 from the U.S. Fish and 22 Wildlife Service and Natural Community Conservation Planning Permit No. 2835-2004-001-05; 23 and 24 WHEREAS, the authority stated above is based on a plan titled Habitat 26 Management Plan for Natural Communities in the City of Carlsbad, Final Approval November 27 2004, referred to as the HMP, and approval of all projects is contingent on a finding of 28 consistency with the HMP; and 13 WHEREAS, said verified application by Developer constitutes a request for a 2 Habitat Management Plan Permit pursuant to the City's authority, on file in the Planning 3 Department; and 4 c WHEREAS, the Planning Commission did on the 3rd day of January 2007, 6 consider said request; and 7 WHEREAS, at said hearing, upon hearing and considering all testimony and g arguments, if any, of all persons desiring to be heard, said Commission considered all factors 9 relating to the Habitat Management Plan Permit. 10 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning , 2 Commission as follows: 13 A) That the foregoing recitations are true and correct. 14 B) That the LA COSTA GLEN CORPORATE CENTER project is consistent with the HMP as described in the following findings. 16 C) That based on the evidence presented at the hearing, the Commission RECOMMENDS APPROVAL of the Habitat Management Plan Permit, HMPP 17 06-11, for the LA COSTA GLEN CORPORATE CENTER based on the following findings and subject to the following conditions:18 19 Findings; 20 1. That the La Costa Glen Corporate Center is shown in Figure 5 of the approved HMP as being adjacent to an Existing Hardline Conservation Area. 21 jj 2. That authorization to take species of concern is subject to continuous compliance with all provisions of the Habitat Management Plan for Natural Communities in the City of 23 Carlsbad (HMP), the Citywide Incidental Take Permit issued for the HMP, the Implementing Agreement, the Terms and Conditions of the Incidental Take Permit, and 24 the Biological Opinion. 25 3. That authorization to take species of concern is subject to continuous compliance with all 26 mitigation measures as stated in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 06-02, MP 92-01(B), LCPA 06-01, SDP 27 05-16, HDP 05-11, and CDP 05-51 and is subject to all conditions contained in Planning Commission Resolutions No. 6213, 6214, 6215, 6216, 6218, 6219, and 6220 for those other approvals, and is subject to approval of Minor Subdivision MS 05-28 and is subject to all conditions contained in that approval, including but not limited to PCRESONO. 6217 -2- recordation of conservation easements over all conserved areas and management and 2 monitoring in perpetuity by a qualified conservation entity. 3 4. That authorization to take species of concern is subject to continuous compliance with the provisions of Volumes I, II and III of the Multiple Habitat Conservation Program and the 4 Final Environmental Impact Statement/Environmental Impact Report for Threatened and <- Endangered Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area (SCH No. 93121073). 6 5. The Planning Commission hereby finds that all development in Carlsbad benefits from 7 the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while o continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by 10 the Open Space and Conservation Element of the City's General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the 11 preservation of open space within an increasingly urban environment. Moreover, each . j new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on 13 all new development within the City is essential to fund implementation of the City's Habitat Management Plan. 14 6. That all impacts to habitat and all take of species will be incidental to otherwise lawful activities related to construction and operation of the La Costa Glen Corporate Center 16 project. 17 7. That the project design as approved by the City of Carlsbad has avoided and minimized impacts to wildlife habitat and species of concern to the maximum extent practicable. 1° Specifically; 0.56 acres of Southern Maritime Chaparral are present and will be |o preserved on site and no mitigation is required; 2.98 acres of Coastal Sage Scrub (Including revegetated CSS) are present with 2.00 acres of on-site preservation and 20 1.96 acres of off-site mitigation for 0.98 acres of impact (2:1 ratio); 1.57 acres of Non-Native Grasslands are present with 0.07 acres of on-site preservation and 21 impacts to 1.50 acres will be mitigated by the payment of an in lieu fee (0.5:1); and 1.33 acres of Disturbed Habitat are present with 1.21 acres of on-site preservation and impacts to 0.12 acres will be mitigated by the payment of an in lieu fee(l:l). 23 8. That adequate funding has been provided to address changed circumstances and adaptive 24 management needs that may be reasonably anticipated in the future, consistent with the HMP Implementing Agreement. £**J 2g 9. That the incidental take of species of concern as a result of the project will not appreciably reduce the likelihood of survival and recovery of the species in the wild due 27 to compliance with all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife agencies and the public. 28 10. That the Planning Director is authorized to sign the Take Permit. PCRESONO. 6217 -3- 11. The Planning Commission has reviewed each of the exactions imposed on the Developer 2 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 3 degree of the exaction is in rough proportionality to the impact caused by the project. Conditions; 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 6 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 7 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 9 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 10 or a successor in interest by the City's approval of this Habitat Management Plan Permit.11 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Habitat Management Plan Permit documents, as necessary to 13 make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed 14 development different from this approval, shall require an amendment to this approval. " If any condition for construction of any public improvements or facilities, or the payment 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 17 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. 19 4. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold 20 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 21 . and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Habitat Management Plan Permit, (b) City's approval or issuance of any permit or action, whether discretionary or 23 non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including 24 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. 27 5. This approval is granted subject to adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 06-02, MP 28 92-01(B), LCPA 06-01, SDP 05-16, HDP 05-11, and CDP 05-51 and is subject to all PCRESONO. 6217 -4- conditions contained in Planning Commission Resolutions No. 6213, 6214, 6215, 6216, 2 6218,6219, and 6220 for those other approvals incorporated herein by reference. 3 6. This approval is granted subject to the approval of MS 05-28 and is subject to all conditions contained in that approval incorporated herein by reference.4 7. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the City has 9 determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the 10 General Plan. The fee shall be paid prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat 12 Management Plan and the General Plan and any and all approvals for this project shall become null and void. 13 As a condition of this approval, applicant must comply with the requirements of all regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. Pursuant to Government Code section 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant 15 shall grant a conservation easement for the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable 17 populations of certain species thereof, in accordance with the City's adopted Habitat Management Plan. 1 o 9. Prior to recordation of Minor Subdivision MS 05-28, the Developer shall take the following actions to the satisfaction of the Planning Director in relation to the open space 20 lot(s) Lots 3 and 4 of MS 05-28 and Lot 10 of Carlsbad Tract No. 92-08 which are being conserved for natural habitat in conformance with the City's Habitat Management 21 Plan: 22 a. Select a conservation entity, subject to approval by the City, that possesses 23 qualifications to manage the open space lot(s) for conservation purposes. ,.,, b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of the open space lot(s) in 25 perpetuity. Based on the results of the PAR, provide a non-wasting endowment or other financial mechanism acceptable to the Planning Director and conservation entity, 27 if any, in an amount sufficient for management and monitoring of the open space lot(s) in perpetuity. The Conservation Easement shall provide that the 28 non-wasting endowment shall transfer to the City if the City accepts the Irrevocable Offer to Dedicate fee title to the open space lot(s). PCRESONO. 6217 -5- d. Record a Conservation Easement over the open space lot(s) which includes an 2 Irrevocable Offer to Dedicate fee title to the open space lot(s) in favor of the City. e. Prepare an Interim Management Plan which will ensure adequate management of the open space lot(s) until such time as a permanent preserve management plan is 4 prepared and approved by the City. 5 NOTICE 6 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." 9 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 10 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 12 annul their imposition. 13 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 i c 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 16 expired. 17 18 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6217 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 3rd day of January 2007, by the following vote, to wit: AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Segall, and Whitton NOES: ABSENT: ABSTAIN: I Comrnisgjoner Douglas MARTELL B. MONTGOMERYrChairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Assistant Planning Director PCRESONO. 6217 -7-19 1 PLANNING COMMISSION RESOLUTION NO. 6219 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT FOR 4 GRADING AND CONSTRUCTION OF A 21,904 SF OFFICE BUILDING ON LOT 1 LOCATED WITHIN PLANNING AREA 2 OF THE GREEN VALLEY MASTER PLAN ON PROPERTY 6 GENERALLY LOCATED NORTHWEST OF CALLE BARCELONA, WEST OF EL CAMINO REAL AND NORTH 7 OF LEUCADIA BOULEVARD IN THE EAST BATIQUITOS LAGOON/HUNT PROPERTY SEGMENT OF THE LOCAL 8 COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 23. CASE NAME: LA COSTA GLEN CORPORATE CENTER 10 CASE NO: HDP 05-11 11 WHEREAS, Continuing Life Communities, LLC, "Owner/Developer," has 17 filed a verified application with the City of Carlsbad regarding property described as A portion of Lot 5 of City of Carlsbad Tract No. 92-08 Green 14 Valley, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No 13997, as filed in the 15 Office of the County recorder of San Diego County, July 10, 200° 17 ("the Property"); and 18 WHEREAS, said verified application constitutes a request for a Hillside 19 Development Permit as shown on Exhibits "A" - "R" dated January 3, 2007, on file in the 20 Carlsbad Planning Department, LA COSTA GLEN CORPORATE CENTER - HDP 05-11, 21 as provided by Chapter 21.95 of the Carlsbad Municipal Code; and 22 WHEREAS, the Planning Commission did on the 3rd day of January 2007, 24 consider said request. 25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 27 A) That the foregoing recitations are true and correct. 28 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of LA COSTA GLEN CORPORATE 1 CENTER - HDP 05-11 based on the following findings and subject to the 2 following conditions: 3 Findings; 4 1. That hillside conditions have been properly identified on the constraints map which show - existing and proposed conditions and slope percentages. 5 2. That undevelopable areas of the project, i.e. slopes over 40%, have been properly identified on the constraints map. 7 3. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that the hillside conditions are properly identified and are incorporated in the design; the project is designed to relate to the slope of the land; the alteration of the natural hillsides will be done in an 10 environmentally sensitive manner; and the project will implement NPDES measures to reduce runoff and avoid erosion. 11 4. That the proposed development or grading will not occur in the undevelopable portions of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, 13 in that no grading will occur in areas with slopes over 40%, with the exception of areas that are exempt from the hillside regulations because the slopes have less than 14 15 feet in elevation difference and an area of less than 10,000 square feet. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that on-site grading is within the acceptable quantity range with 7,933 cu. yds/acre; no slopes over 40 feet are being 17 created as a result of the grading scheme; and all manufactured slopes will be landscaped in accordance with the City's Landscape Guidelines Manual. 18 6. That the project design and lot configuration minimizes disturbance of hillside lands, in that the significant slope and sensitive habitat areas are being preserved in open 20 space. 21 7. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed 22 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. 24 Conditions: 25 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of the final map or issuance of grading permit, whichever occurs first. 26 2y 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 28 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 PCRESONO. 6219 -2- m issued under the authority of approvals herein granted; record a notice of violation on the 2 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 3 or a successor in interest by the City's approval of this Hillside Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections - and modifications to the Hillside Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. 6 Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 7 3. This approval is granted subject to adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 06-02, MP 9 92-01(B), LCPA 06-01, HMPP 06-11, SDP 05-16, and CDP 05-51 and is subject to all conditions contained in Planning Commission Resolutions No. 6213, 6214, 6215, 6216, 10 6217, 6218, and 6220 for those other approvals incorporated herein by reference. 4. This approval is granted subject to the approval of MS 05-28 and is subject to all conditions contained in that approval incorporated herein by reference. 13 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, I <- dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 16 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 17 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 19 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 20 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 23 a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 24 25 26 27 28 PCRESONO. 6219 -3- 1 2 3 4 5»/ 6 7 8 9 10 11 12 13 14 15 16 17JL / 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular Commission of the City of Carlsbad, California, held on the 3rd day following vote, to wit: meeting of the Planning of January 2007, by the AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Segall, and Whitton NOES: ABSENT: Commissioner Douglas ABSTAIN: __/ " A0U ^&**4l^^\ f (/ MARTELL B. MONTGOMERY, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: £L>£ DONNEU Assistant Planning Director PCRESONO. 6219 -4-73 1 PLANNING COMMISSION RESOLUTION NO. 6220 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A COASTAL DEVELOPMENT PERMIT FOR 4 GRADING AND CONSTRUCTION OF A 21,904 SF OFFICE 5 BUILDING ON LOT 1 LOCATED WITHIN PLANNING AREA 2 OF THE GREEN VALLEY MASTER PLAN ON PROPERTY 6 GENERALLY LOCATED NORTHWEST OF CALLE BARCELONA, WEST OF EL CAMINO REAL AND NORTH 7 OF LEUCADIA BOULEVARD IN THE EAST BATIQUITOS LAGOON/HUNT PROPERTY SEGMENT OF THE LOCAL 8 COASTAL PROGRAM AND LOCAL FACILITIES 9 MANAGEMENT ZONE 23. CASE NAME: LA COSTA GLEN CORPORATE CENTER 10 CASE NO.: CDP 05-51 11 WHEREAS, Continuing Life Communities, LLC, "Owner/Developer," has 12 filed a verified application with the City of Carlsbad regarding property described as 13 Lot 5 of City of Carlsbad Tract No. 92-08 Green Valley, in the 14 City of Carlsbad, County of San Diego, State of California, according to map thereof No 13997, as filed in the Office of the County recorder of San Diego County, July 10,2000 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Coastal 18 jp Development Permit as shown on Exhibits "A"- "R" dated January 3, 2007, on file in the 20 Planning Department, LA COSTA GLEN CORPORATE CENTER - CDP 05-51, as provided 21 by Chapter 21.201.040 of the Carlsbad Municipal Code; and 22 WHEREAS, the Planning Commission did, on the 3rd day of January, 2007, 23 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 26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the CDP. 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: <-W A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission 3 RECOMMENDS APPROVAL of LA COSTA GLEN CORPORATE CENTER - CDP 05-51 based on the following findings and subject to the following conditions: Findings: 6 1. That the proposed development is in conformance with the East Batiquitos 7 Lagoon/Hunt Properties Segment of the Certified Local Coastal Program and all applicable policies in that the Green Valley Master Plan is the implementing ordinance for the East Batiquitos Lagoon/Hunt Properties Segment of the Local Costal Program and the proposed development is consistent with the development standards and design guidelines of the Master Plan. 10 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 11 of the Coastal Act in that the project is not located adjacent to the shore. Therefore, the project will not interfere with the public's right to physical access to the sea and the site is not suited for water-oriented recreational activities. 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay 14 Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard 15 Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. Development of steep slopes and native vegetation on the subject property will be avoided with the exception of allowed development impacts to 8.7% of the dual criteria slopes on site for the purpose of providing access to the upper 18 development parcel (Lot 1). The site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 4. The project is not located between the sea and the first public road parallel to the sea and, therefore, is not subject to the provisions of the Coastal Shoreline Protection Zone 21 (Chapter 21.204 of the Zoning Ordinance). 22 5. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X of the Land Use Plan, certified September 1990 and, therefore, is not subject to the 23 Coastal Agricultural Overlay Zone (Chapter 21.201 of the Zoning Ordinance). 6. The Planning Commission has reviewed each of the exactions imposed on the Developer ~c contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to this project, and the extent and the 26 degree of exaction is in rough proportionality to the impact caused by the project. 27 Conditions; Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit. PC RESO NO. 6220 2 <1 $- 1 2 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 3 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 property title; institute and prosecute litigation to compel their compliance with said 6 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 Coastal Development Permit. 7 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as necessary to make 9 them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed 10 development, different from this approval, shall require an amendment to this approval. 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. 13 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are 14 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 16 all requirements of law. 17 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 or indirectly, from (a) City's approval and issuance of this Coastal Development Permit, 20 (b) City's approval or issuance of any permit or action, whether discretionary or 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 facility of electromagnetic fields or other energy waves or emissions. This obligation 23 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 24 9. The applicant shall apply for and be issued building permits for this project within two (2) years of approval or this coastal development permit will expire unless extended per 26 Section 21.201.210 of the Zoning Ordinance. 27 10. This approval is granted subject to adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 06-02, MP 28 92-01(B), LCPA 06-01, HMPP 06-11, SDP 05-16, and HDP 05-11 and is subject to all PC RESO NO. 6220 conditions contained in Planning Commission Resolutions No. 6213, 6214, 6215, 6216, 2 6217,6218, and 6219 for those other approvals incorporated herein by reference. 11. This approval is granted subject to the approval of MS 05-28 and is subject to all 3 conditions contained in that approval incorporated herein by reference. 12. If a grading permit is required, all grading activities are prohibited from (February 1st for ? gnatcatcher or March 1st for vireo) to (September 15th for gnatcatcher or October 1st for vireo). All erosion control measures must be installed prior to the initial grading. Any 6 grading extensions into the grading prohibition period must receive written approval of the City Engineer and the responsible wildlife agencies (California Department of Fish 7 and Game/United States Fish and Wildlife Service). 8 NOTICE 9 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." 12 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 1. 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 15 annul their imposition. 16 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 19 expired. 20 21 22 23 24 25 26 27 28 PC RESO NO. 6220 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 3rd day of January, 2007, by the following vote, to wit: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Segall, and Whitton AYES: NOES: ABSENT: ABSTAIN: a Commissioner Douglas MARTELL B. MONTMOMER^ CARLSBAD PLANNING COf ATTEST: irperson SSION DON NEU Assistant Planning Director PC RESO NO. 6220 The City of Carlsbad Planning Department EXHIBITS A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: January 3, 2007 Application complete date: August 10, 2006 Project Planner: Barbara Kennedy Project Engineer: Chris Scobba SUBJECT: GPA 06-02/MP 92-OKBVLCPA 06-01/HMPP 06-11/SDP 05-16/HDP 05-117 CDP 05-51 - LA COSTA GLEN CORPORATE CENTER - Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; a request for a recommendation of approval of a General Plan Amendment, Master Plan Amendment, Local Coastal Program Amendment, Habitat Management Plan Permit, Hillside Development Permit and Coastal Development Permit; and a request for approval of a Site Development Plan for the subdivision of 7.82 acres of land into two commercial lots and two open space lots, including the grading and construction of a 21,904 square foot office building located within Planning Area 2 of the Green Valley Master Plan on property generally located northwest of Calle Barcelona, west of El Camino Real, and north of Leucadia Boulevard on property located in the P-C zone in Local Facilities Management Zone 23. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6213 RECOMMENDING ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and ADOPT Planning Commission Resolutions No. 6214, 6215, 6216, 6217, 6219, and 6220 RECOMMENDING APPROVAL of GPA 06-02, MP 92- 01 (B), LCPA 06-01, HMPP 06-11, HDP 05-11, and CDP 05-51; and ADOPT Planning Commission Resolution No. 6218 APPROVING SDP 05-16, based on the findings and subject to the conditions contained therein. II.INTRODUCTION The 7.82 acre site is located in the P-C zone within a portion of Planning Area 2 of the Green Valley Master Plan. The development proposal consists of a four-lot minor subdivision to create two commercial lots and two open space lots, and includes grading and construction of a 21,904 square foot office building on Lot 1. The project includes a request for a Planning Commission recommendation of approval for a General Plan Amendment (GPA) and an amendment to the Green Valley Master Plan to designate the habitat preservation areas as Open Space; a Local Coastal Program Amendment (LCPA) to incorporate the Master Plan revisions into the Local Coastal Program (LCP) and update the LCP Land Use Map so that it is consistent with the proposed GPA; a Hillside Development Permit for the proposed grading; and Coastal Development Permit for the Minor Subdivision and construction of the proposed office building. The proposed office building requires Planning Commission approval of a Site Development Plan. The related Minor Subdivision (MS 05-28) application to subdivide the property into four •77 GPA 06-02/MP 92-01(B)/LCPA 06-01/HMP 06-11/SDP 05-16/HDP 05-11/CDP 05-51 - LA COSTA GLEN CORPORATE CENTER January 3, 2007 Page 2 lots is subject to approval by the City Engineer and will be acted upon subsequent to the City Council's decision on the other requested actions. The site is located within the East Batiquitos Lagoon/Hunt Property Segment of the City's adopted Local Coastal Program (LCP) and is not within the California Coastal Commission appeal jurisdiction area of the Local Coastal Zone. A program EIR (EIR 93-02) was prepared for the Green Valley Master Plan, but the development proposal was found to have potentially significant impacts on the environment that were not evaluated in the Program EIR. Incorporation of the recommended mitigation measures will reduce the impacts to a less than significant level and a Mitigated Negative Declaration has been prepared for the project. As designed and conditioned, the project is in conformance with all City standards and staff is recommending approval of the project. III. PROJECT DESCRIPTION AND BACKGROUND The 7.82 acre site is generally located northwest of Calle Barcelona, west of El Camino Real, and north of Leucadia Boulevard in the southwest quadrant of the City in Local Facilities Management Zone 23. The site has a Planned Community (P-C) zone designation and is located within a portion of Planning Area 2 of the Green Valley Master Plan. The subject property currently exists as a previously permitted vacant graded pad containing previously fanned areas, manufactured slopes, a settling basin, a potable water easement, disturbed lands and natural habitat. An open space preserve area is located on three sides of the site with the Forum shopping center located across Calle Barcelona to the southeast of the site. The proposed development would result in two commercial lots (Lots 1 and 2) and two open space lots (Lots 3 and 4). The area within Lot 2 is currently graded and suitable for development. An existing dirt access road would be improved to provide access to Lot 2 and to the upper development area within Lot 1. Sensitive vegetation communities observed on the property include Southern Maritime Chaparral (SMC) and Coastal Sage Scrub (CSS). The impacts have been designed to be consistent with the Habitat Management Plan (HMP) conservation goals which require conservation of the majority of sensitive habitats in or contiguous with biological core areas, including "no net loss" of wetland habitat and preservation of coastal sage scrub and maritime succulent scrub adjacent to the lagoons. The HMP requires additional conservation standards to be applied to properties in the Coastal Zone including a 20-foot buffer between development and all native habitats other than riparian and wetland habitats; preservation of 67% the CSS on site; and "no net loss" of CSS. A Program EIR was prepared for the Green Valley Master Plan and mitigation measures were included for biological impacts that resulted from grading pursuant to the Master Tentative Map for the Green Valley Master Plan. However, additional biological impacts were identified in the Preliminary Biological Assessment, prepared by Planning Systems, June 20, 2006. Therefore, a Mitigated Negative Declaration has been prepared for the development proposal and mitigation measures consistent with the City of Carlsbad HMP are recommended for the project. The La Costa Glen project includes grading and construction of a 21,904 square foot two-story office building and related parking and landscape areas on Lot 1. Development of Lot 2 is not GPA 06-02/MP 92-01(B)/LCPA 06-01/HMP 06-11/SDP 05-16/HDP 05-11/CDP 05-51 - LA COSTA GLEN CORPORATE CENTER January 3, 2007 Page 3 proposed at this time, except for the construction of a 6-foot high plantable crib wall at the base of the slope adjacent to the access road to Lot 1. The site is located in the East Batiquitos Lagoon/Hunt Property Segment of the LCP and has a General Plan Land Use designation of C/O/RMH. A GPA is required to designate the two lots proposed as open space preserve area to an Open Space (OS) Land Use designation on the General Plan and to correct several mapping errors. The Master Plan Amendment would modify the Green Valley Master Plan to include the additional OS designation for Planning Area 2. An LCPA is required to incorporate these changes on the LCP Land Use Map and to approve the proposed modification to the Green Valley Master Plan. The project is subject to the following plans, ordinances, and standards: A. General Plan Commercial/Office/Residential Medium High (C/O/RMH) and Open Space (OS) designations; B. Green Valley Master Plan (MP 92-01(A); C. Planning Area 2 of the Green Valley Master Plan and General Commercial (C-2) Zone (Municipal Code Chapter 21.28); D. Hillside Development Regulations (Municipal Code Chapter 21.95); E. Coastal Resource Protection Overlay Zone (Municipal Code Chapter 21.203); F. East Batiquitos Lagoon/Hunt Property Segment of the LCP; G. Habitat Management Plan; H. Subdivision Ordinance (Title 20 of the Municipal Code); and I. Growth Management Ordinance (Municipal Code Chapter 21.90) and Zone 23 Local Facilities Management Plan. The recommendation for the proposal was developed by analyzing the project's consistency with the applicable City regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. IV. ANALYSIS A. General Plan The General Plan Land Use designation for the Green Valley Master Plan properties are a combination district including Community Commercial (C), Office (O), Residential Medium- High Density (RMH) with an Open Space (OS) designation on the habitat preservation areas. The City Council approved the Master Plan in February 1996 and made the finding at that time that the Green Valley Master Plan implements the combination district General Plan land uses and is consistent with the goals, objectives and policies of the General Plan. The finding was based on the fact that the Master Plan provides for the following: (1) the provision of the necessary circulation element roadways and improvements (Levante Street, Calle Barcelona, and El Camino Real); (2) the protection and enhancement of the wetland and upland areas within protected open space lots; (3) the construction of a public trail; (4) the provision for affordable housing; and (5) compliance with the Local Facilities Management Plan Zone 23 for public GPA 06-02/MP 92-01(B)/LCPA 06-01/HMP 06-11/SDP 05-16/HDP 05-11/CDP 05-51 - LA COSTA GLEN CORPORATE CENTER January 3, 2007 Page 4 facilities and services. Based on this implementation and consistency relationship between the Green Valley Master Plan and the General Plan, it can be determined that if the La Costa Glen Corporate Center project is consistent with the various sections of the Green Valley Master Plan, then it is also consistent with the General Plan. The project site is currently designated by the General Plan Land Use Map and Green Valley Master Plan for C/O/RMH land uses. The property is subject to the preservation standards of the Habitat Management Plan (HMP) and, as a property within the Coastal Zone, is subject to additional HMP conservation standards. As designed, the project complies with these conservation standards and results in the need to amend the General Plan to reflect the preservation of sensitive habitat within the two open space lots (Lots 3 and 4). Additionally, several areas within the adjacent OS preserve (Green Valley Lot 10) are incorrectly designated as C/O/RMH and should be designated as OS. Similarly, on the subject property (existing Lot 5) a remnant of OS is incorrectly shown and should be designated as C/O/RMH. The proposed GPA would correct these mapping errors and would designate the proposed project open space from C/O/RMH to OS on the General Plan Land Use and Open Space and Conservation Maps. The City's Habitat Management Plan requires designation of the open space preserve areas as Open Space on the General Plan Land Use and Open Space and Conservation Maps, concurrent with development. These actions are consistent with the General Plan Open Space Element and are in accordance with the intent and purpose of the open space zone to designate high-priority resource areas as open space at the time of development. The amendment will provide 2.67 acres of General Plan designated Open Space within Existing Lot 5 and an additional 1.85 acres of OS designated land in Lot 10. Policy C.20 of the Open Space Planning and Protection Section of the General Plan Open Space and Conservation Element requires findings to adjust the boundaries of any open space shown on the "Official Open Space and Conservation Map" dated September, 1994. The necessary findings are: (1) The proposed open space is equal to or greater than the area depicted on the Official Open Space Map. The existing 0.31 acres of OS designated land on Lot 5 will be modified to delete 0.23 acres which currently extend onto the previously graded pad and graded brush management slopes on the lower portion of Lot 5. The proposed adjustment in open space boundaries will increase the acreage designated as OS on Lot 5 from approximately 0.31 acres to 2.67 acres, for a net gain of 2.36 acres and will add an additional 1.85 acres of OS designated lands within the open space preserve on Lot 10. (2) The proposed open space area is of environmental quality equal to or greater than that depicted on the Official Open Space Map. The open space adjustment will eliminate the C/O/RMH land use designations on areas proposed as open space preserve and will remove the OS designation from the developed and brush management areas on Lot 5. GPA 06-02/MP 92-01(B)/LCPA 06-01/HMP 06-11/SDP 05-16/HDP 05-11/CDP 05-51 - LA COSTA GLEN CORPORATE CENTER January 3, 2007 Page5 (3) The proposed adjustment to open space is within close proximity to the open space presently shown on the Official Open Space Map. The proposed amendment will change and increase the acreage of open space within the project boundaries by adding 1.85 acres of OS within Lot 10 and designating on Lot 5 an additional 2.59 acres of OS for a total of 2.67 acres of OS on Lot 5. The additional open space is contiguous with existing open space. B. Green Valley Master Plan An amendment to the Green Valley Master Plan is required to reflect the additional Open Space (OS) General Plan Land Use designation and underlying zoning designation of Open Space within a portion of PA 2. This minor revision would be incorporated into the Development Standards section for Planning Area 2 of the Green Valley Master Plan. The text additions are shown in "underlined text" as "Exhibit MP 92-01(B)" of the ordinance proposed for adoption. C. Planning Area 2 of the Green Valley Master Plan and General Commercial (C-2) Zone The project is located within a portion of Planning Area 2 (PA 2) of the Green Valley Master Plan which allows up to 300,000 square feet of commercial/retail uses, subject to approval of a Site Development Plan (SDP) by the Planning Commission. The majority of PA 2 has been developed with the 265,000 square foot Forum shopping center. The subject site includes the remaining undeveloped portion of PA 2 located on the western side of Calle Barcelona which may be developed with up to 35,000 square feet of commercial/retail uses. The development proposal includes the grading and construction of a 21,904 square foot office building on Lot 1 of the proposed minor subdivision. Lot 2 is not proposed for development at this time, with the exception of a 6-foot high plantable crib wall that would be constructed at the base of the access driveway. The Master Plan specifies the maximum square footage allowed for development of PA 2, and therefore, based on the current existing and proposed development, Lot 2 would be limited to approximately 13,000 square foot of future commercial/retail uses. The proposed office development on Lot 1 is subject to the development standards of the Green Valley Master Plan and the C-2 zone and meets or exceeds all applicable requirements as demonstrated in Table A below. TABLE A - DEVELOPMENT STANDARDS COMPLIANCE STANDARD Land Use Building Height REQUIRED/PERMITTED Retail commercial uses which cater directly to the consumer and uses as defined in the C-2 zone (General Commercial) 35' PROPOSED Corporate office for the La Costa Glen continuing care community 34' GPA 06-02/MP 92-01(B)/LCPA 06-01/HMP 06-11/SDP 05-16/HDP 05-11/CDP 05-51 - LA COSTA GLEN CORPORATE CENTER January 3, 2007 Page 6 TABLE A - DEVELOPMENT STANDARDS COMPLIANCE (Continued) STANDARD Building Setbacks Lot Coverage Maximum square footage Parking REQUIRED/PERMITTED 25' + 1 W for every foot of building height over 25 ' from Calle Barcelona (38.5' required) Parking and vehicular circulation require a 10' setback from Calle Barcelona 1 5 ' from general public vehicular circulation 5' from public utility easements 25' setback from perimeter property lines Determined by compliance with setbacks, parking, circulation and landscaping requirements 300,000 sf allowed for PA 2 1 space /250 sf (88 spaces req'd) 40% compact allowed 1 % motorcycle parking PROPOSED The proposed building is over 520' from Calle Barcelona. The proposed parking and circulation areas are over 380' from Calle Barcelona 15 '-9" or greater distance to vehicular circulation 5' or greater from water line easement 40' or greater from perimeter property lines Complies with standards The Forum shops: 265,000 sf Proposed Lot 1 : 21 ,904 sf Future Lot 2: 1 3,096 sf 100 spaces provided 11% compact (9 spaces) 2% (2 spaces - not incl. in total) The proposed office building complies with the design criteria of the Master Plan including architecture, roof design, screening, refuse collection and landscaping. The building design relates to the adjacent Forum shopping center while maintaining its own character as an office building. The building features a prominent entrance element and stepped corners with trellises. The main entrance has an arched entry way with clear glass similar to entries at the shopping center, with a metal canopy at the second floor that reduces the scale of the building. Stone veneer, glass block inserts and metal headers accent the stucco building and result in a building form and use of building materials that is compatible with the shopping center. The landscape plans have been reviewed for conformance with the Green Valley Master Plan. The plans comply with the landscape guidelines for planting within the fire protection zone; for planting within the interface between development and open space; and planting within the development areas. D. Hillside Development Regulations The site has a grade elevation change greater than 15 feet and slopes greater than 15% and therefore requires a Hillside Development Permit. Hillside conditions have been properly GPA 06-02/MP 92-01(B)/LCPA 06-01/HMP 06-11/SDP 05-16/HDP 05-11/CDP 05-51 - LA COSTA GLEN CORPORATE CENTER January 3, 2007 Page? identified on the constraints map which show existing and proposed conditions and slope percentages. Undevelopable areas of the project, i.e., slopes over 40%, have been properly identified and are within proposed open space Lots 3 and 4. The site contains "dual criteria" slopes which are defined as slopes greater than 25% possessing endangered species and/or coastal sage scrub and chaparral plant communities within the coastal zone. 8.7% of the dual criteria slopes will be impacted by the development proposal primarily due to construction of the access road to Lot 1. The portions of the site proposed for development generally contain slopes with a gradient of 15% or less. These areas are considered developable per the Hillside Ordinance and Coastal Resource Protection Overlay Zone. The development complies with the Hillside Ordinance and guidelines in that grading is within the acceptable quantity range with 7,933 cu. yds/acre, no slopes over 40 feet are being created as a result of the grading scheme, the building proposed on Lot 1 observes the required slope edge building setback from top of slope, and all manufactured slopes will be landscaped in accordance with the City's Landscape Guidelines Manual. E. Coastal Resource Protection Overlay Zone The development is subject to the Coastal Resource Protection Overlay Zone, Chapter 21.23 of the Carlsbad Municipal Code. The Coastal Resource Protection Overlay Zone identifies five areas of protection: steep slopes and vegetation; 2) drainage, erosion, sedimentation, habitat; 3) landslides and slope instability; 4) seismic hazards; and, 5) floodplain development. The project's compliance with these areas of concern is discussed below: 1. Slopes greater than 25% possessing endangered species and/or coastal sage scrub and chaparral plant communities are protected in the coastal zone. If application of the policy precludes any reasonable use of the property, then up to a 10% encroachment may be permitted. The site contains "dual criteria" slopes which are classified as slopes with an inclination of 25% or greater and containing sensitive habitat (Southern Maritime Chaparral (SMC) and Coastal Sage Scrub(CSS)). The proposed project would impact 8.7% of the 3.45 acres mapped as "dual criteria" slopes primarily as a result of the construction of an access road to the upper development pad. The road would be aligned with the existing dirt access road. No impact to SMC is proposed and the SMC and remaining CSS will be preserved within two deed restricted open space lots, and will be conveyed to an appropriate conservation entity together with an endowment to ensure long-term biological maintenance of these areas, consistent with the HMP. The Coastal Sage Scrub that will be impacted will be mitigated by a combination of off- site creation, substantial restoration, and enhancement consistent with the City of Carlsbad Habitat Management Plan. 2. Special erosion control measures must be included as conditions of approval. These "special" measures are standard measures required by the City's Grading Ordinance and are included as conditions of approval. As designed and conditioned, the proposed project will adhere to the City's Master Drainage and Storm Water Quality Management GPA 06-02/MP 92-01 (B)/LCPA 06-01/HMP 06-11/SDP 05-16/HDP 05-11/CDP 05-51 - LA COSTA GLEN CORPORATE CENTER January 3, 2007 Page 8 Plan and Grading Ordinance to avoid increased run off and soil erosion. All graded areas must also be landscaped for erosion control prior to October 1 of each year. If nesting gnatcatchers are present onsite, then grading may typically not occur from February 1 through September 15. Since gnatcatchers have been identified on site, mitigation measures are included to reduce noise impacts resulting from construction activities during the bird nesting season. 3. The Preliminary Geotechnical Investigation (Leighton and Associates, Inc., September 2005) indicates that the site contains topsoil and undocumented artificial fills that were placed during the previous construction activities, and that the site is underlain by the Santiago Formation. The report recommends removal and recompaction of compressible materials in accordance with the earthwork and grading specifications in the Geotechnical Report. The report indicates there is no indication of ancient landslides on the subject property. 4. The Preliminary Geotechnical Investigation (Leighton and Associates, Inc., September 2005) states that no active or potentially active faults are known to exist on or in the vicinity of the site. Furthermore, the potential for liquefaction is considered to be very low due to the dense nature of the underlying formational material and lack of a shallow permanent groundwater table. 5. No part of the site is within the 100 year floodplain. The project would result in impacts to sensitive vegetation communities and sensitive wildlife species, as discussed in greater detail in the attached Mitigated Negative Declaration. Mitigation measures, as outlined in the attached Mitigation Monitoring and Reporting Program, are incorporated to reduce these impacts to a less than significant level through a combination of on- site preservation of habitat, off-site habitat creation, substantial restoration and enhancement, and payment of in-lieu fees for impacts to non-native grasslands and disturbed areas. Impacts to coastal California gnatcatcher will be avoided by removing CSS during the non-breeding season. F. East Batiquitos Lagoon/Hunt Properties Segment of the LCP The site is located within the East Batiquitos Lagoon/Hunt Properties segment of the City's adopted Local Coastal Program (LCP) and is outside of the California Coastal Commission jurisdiction appeal area. In 1996 the City Council and the Coastal Commission approved an amendment to the East Batiquitos Lagoon/Hunt Properties Segment of the LCP to designate the Green Valley Master Plan as the implementing ordinance for the portion of the LCP covering the Green Valley property. Based on this implementation and consistency relationship between the Green Valley Master Plan and the LCP, it can be concluded that if the La Costa Glen Corporate Center project is consistent with the Master Plan, it is also consistent with the Land Use Policies of the East Batiquitos Lagoon/Hunt Properties Segment of the LCP. The LCPA is required in order to implement the proposed amendment to the General Plan Land Use and Open Space and Conservation Maps to modify the boundaries of the C/O/RMH and OS GPA 06-02/MP 92-01(B)/LCPA 06-01/HMP 06-11/SDP 05-16/HDP 05-11/CDP 05-51 - LA COSTA GLEN CORPORATE CENTER January 3, 2007 Page 9 land use designations on the LCP Land Use Map. Additionally, it would incorporate the new OS designation into the text for PA 2 of the Green Valley Master Plan. The LCPA will result in consistency between the General Plan Land Use and Open Space and Conservation Maps, Green Valley Master Plan, and the LCP Land Use designations for the site. No comments were received during the required six-week LCPA public notice of availability period (November 10, 2006 - December 22, 2006). G. Habitat Management Plan The proposed project is consistent with the Carlsbad Habitat Management Plan (HMP) for Natural Communities. The project site is located within the Core 8 Focus Planning Area which includes Batiquitos Lagoon and Green Valley. The HMP describes this area as containing critical vegetation communities including maritime succulent scrub, saltmarsh, and southern maritime chaparral (SCM). The SMC in Green Valley supports critical populations of Del Mar manzanita and Encinitas baccharis as well as major populations of wart-stemmed ceanothus. Development of the Green Valley Master Plan and the La Costa Glen properties occurred prior to the City's adoption of the HMP. However, portions of the Green Valley Master plan were designated as open space preserve areas. The subject property is adjacent to a 108 acre parcel that was designated as an open space lot (Lot 10) and is included on Figure 5 of the HMP as an Existing Hardline Conservation Area. The proposed project is not located within the hardline open space per the adopted HMP, and is therefore allowed for development. The site is considered to be a "Standards Area" and the project impacts have been designed to be consistent with the HMP conservation goals which require conservation of the majority of sensitive habitats in or contiguous with biological core areas, including "no net loss" of wetland habitat, and preservation of coastal sage scrub and maritime succulent scrub adjacent to the lagoons. The HMP requires additional conservation standards to be applied to properties in the Coastal Zone. For this project, a 20-foot buffer is required between preserved habitats and development. The project must preserve a minimum of 67% of the CSS on site. Additionally, there shall be "no net loss" of SMC or CSS. Project impacts to SMC and CSS require a 3:1 and 2:1 mitigation ratio, respectively; with a minimum 1:1 creation component that achieves the "no net loss" standard. On-site preservation is not eligible for mitigation credit in the Coastal Zone. Surveys for California gnatcatcher were conducted and the site was found to be occupied. The HMP requires that there be no net loss of habitat within the coastal zone. Thus, habitat creation or substantial restoration (subject to consultation and concurrence of the wildlife agencies and the California Coastal Commission) must account for at least half (1:1) of the required mitigation (2:1) with the remainder of the mitigation obligation to be satisfied pursuant to the provisions of the HMP. Pursuant to the HMP the project is conditioned to mitigate for the following impacts as shown in Table B below. GPA 06-02/MP 92-01(B)/LCPA 06-01/HMP 06-11/SDP 05-16/HDP 05-11/CDP 05-51 - LA COSTA GLEN CORPORATE CENTER January 3, 2007 Page 10 TABLE B: VEGETATION IMPACTS ASSESSMENT PLANT COMMUNITY Southern Maritime Chaparral (SMC) Coastal Sage Scrub (CSS) Revegetated Coastal Sage Scrub (RCSS) (4) Brush Managed Revegetation (BMR) Non-Native grasslands (NNG) Developed (DEV) Disturbed Habitatt5) (DIS) TOTAL EXISTING ACRES 0.56 1.10 1.88 0.92 1.57 0.46 1.33 7.82 IMPACTED ACRES(1) 0.00 0.63 0.35 0.35 1.50 0.30 0.12 3.25 HMP MITIGATION RATIO 3:1 2:1(2) 2:lw N/A 0.5:1 N/A Fee as noted REQUIRED MITIGATION 0 1.26C3) 0.70(3) 0 Fee 0 Fee 1.96 + Fee REMAINING ACRES 0.56 0.47 1.53 0.57 0,07 0.16 1.21 4.57 REMAINING MITIGATION 0 0 0 0 0 0 0 0 ' Including Fuel Modification Management Areas (Brush Management). (2) Mitigation Ratio for Occupied CSS. *3) Mitigation is to be accomplished through off-site creation, restoration, and enhancement. (4' Previously revegetated CSS is considered habitat subject to HMP listed mitigation ratios. (5) The disturbed area fronting Calle Barcelona is a previously permitted development pad. As shown above, the proposed development results in impacts to occupied CSS, areas currently designated as Brush Management, Non-native Grasslands, and developed and disturbed habitat. In accordance with the HMP Standard 7-2, the project will preserve 67.1% of the existing CSS and Revegetated CSS and will mitigate at a 2:1 ratio for impacts to a total of 0.98 acres of CSS through off-site creation, restoration and enhancement of CSS within other areas of the Green Valley Master Plan (Lot 10 and adjacent to riparian habitat near El Camino Real) to ensure "no net loss" of this habitat type. Plans for the revegetation, substantial restoration, and enhancement of CSS in the areas shown in the Preliminary Biological Assessment (Planning Systems, dated June 20, 2006) shall be subject to the consultation and concurrence of the U. S. Fish and Wildlife Service (USFWS) and California Department of Fish and Game (CDFG) and the approval of the City of Carlsbad prior to issuance of a grading permit or recordation of the Final Map, which ever occurs first. The California Coastal Commission shall be notified and provided an opportunity to comment upon proposed substitutions of substantial restoration for the required creation component. The areas proposed for off-site creation, restoration and enhancement are discussed in more detail in the Mitigation Measures of the attached Mitigated Negative Declaration. No impacts will occur to Southern Maritime Chaparral. The majority of impact occurs within the non-native grasslands and disturbed area of the site with 1.5 and 0.12 acres of impact, respectively. The HMP allows impacts to non-native grasslands and disturbed habitat to be mitigated by payment of an in-lieu habitat mitigation fee. No mitigation is required for impacts GPA 06-02/MP 92-01(B)/LCPA 06-01/HMP 06-11/SDP 05-16/HDP 05-11/CDP 05-51 - LA COSTA GLEN CORPORATE CENTER January 3, 2007 Page 11 to disturbed habitat or existing brush-managed vegetation. Additionally, the project will provide the required 20 foot buffer between preserved habitats and development. All habitat preserved on-site will be placed within two separate open space lots. The additional 2.67 acres of open space (Lots 3 and 4) will be protected by a conservation easement and an endowment will be established for the management, monitoring and reporting of the habitat in perpetuity. Title to the open space parcel will need to be transferred to an appropriate land trust (biological) entity. Additionally, in order to prevent negative effects on the adjacent open space, mitigation measures are included to address the interface between development and habitat with regard to fire management; erosion control; landscaping restrictions; fencing, signs and lighting; and predator and exotic species control. As mentioned previously, the subject property is adjacent to Lot 10 of the Green Valley subdivision (CT 92-08). Over 108 acres of open space area within Lot 10 are protected by a conservation easement. To comply with the requirements of the HMP, appropriate funding must be provided to ensure for long-term maintenance and monitoring of the property and the property owner was conditioned under the previous amendment to the La Costa Glen Retirement Community (SDP 98-01 (A)) to provide an endowment for this purpose. Additionally, title to the open space parcel (Lot 10) will need to be transferred to an appropriate land trust (biological) entity. The property owner is in the process of fulfilling these conditions for Lot 10. The current project is conditioned through the HMP permit to satisfy these same requirements for the two open space parcels that will be created as part of the La Costa Glen Corporate Center project and to ensure that the conditions have been fulfilled for the existing open space within Lot 10. Through the Consistency Findings of the Habitat Management Plan Permit (HMPP 06-11) the project open space preserve will be mapped as a Hardline Conservation area, contiguous to the existing hardline conservation area (Lot 10) and will be restricted from any future development potential. H. Subdivision Ordinance The Engineering Department has reviewed the proposed Minor Subdivision (MS 05-28) for all applicable requirements of the Subdivision Map Act and the City's Subdivision Ordinance. The City Engineering Department will consider and take action on the Minor Subdivision subsequent to the Planning Commission and City Council approval of the discretionary actions. Draft conditions of approval are included as attachment 13 to the staff report. The proposed 4-lot subdivision will create two commercial lots and two open space lots. There are no minimum lot sizes specified in the C-2 zone or the Master Plan for this property. Access to the future development pad on Lot 2 will be via the proposed driveway to Lot 1 and the project is conditioned (through the minor subdivision) to record a reciprocal access agreement between Lots 1 and 2. All infrastructure improvements are required to be installed concurrent with development. The two open space lots will be deed restricted as open space, and will be conveyed to an appropriate conservation entity together with an endowment to ensure long-term biological maintenance, monitoring and reporting of these areas, consistent with the HMP. GPA 06-02/MP 92-01(B)/LCPA 06-01/HMP 06-11/SDP 05-16/HDP 05-11/CDP 05-51 - LA COSTA GLEN CORPORATE CENTER January 3, 2007 Page 12 I. Growth Management (LFMP Zone 23) The proposed project is located within Local Facilities Management Zone 23 in the southwest quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table C below. TABLE C - GROWTH MANAGEMENT COMPLIANCE STANDARDS City Administration Library Waste Water Treatment Parks Drainage Circulation Fire Open Space Schools Sewer Collection System Water IMPACTS N/A N/A 10.16 EDU N/A Batiquitos Lagoon Watershed 438 ADT Station No. 2 2.67 acres preserved N/A 10.16 EDU 2,235 GPD COMPLIANCE Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes The project is 13,096 square feet under the Growth Management projection of 300,000 square feet anticipated in the Zone 23 LFMP for Planning Area 2 of the Green Valley Master Plan. Planning Area 2 includes the Forum shopping center and the subject property. The Forum shops contain 265,000 square feet of commercial area, and proposed development on Lot 1 includes 21,904 square feet of office. Therefore, future construction of Lot 2 will be limited to approximately 13,906 square feet of commercial/retail uses. V.ENVIRONMENTAL REVIEW The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). Staff has analyzed the project and has concluded that potentially significant impacts could result with the implementation of the project that were not previously examined and evaluated in the certified Green Valley Master Plan Final Program Environmental Impact Report (EIR 93-02). EIR 93-02 evaluates the potential environmental effects of the development and operation of the Green Valley Master Plan and associated actions inclusive of the proposed project reviewed herein. The City Council certified EIR 93-02 on February 6, 1996. At that time, CEQA Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program were approved. Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code, staff conducted an environmental impact assessment to determine if the project could have any potentially significant impacts on the environment that were not previously analyzed. The initial study for the project concluded that GPA 06-02/MP 92-01 (B)/LCPA 06-01/HMP 06-11/SDP 05-16/HDP 05-11/CDP 05-51 - LA COSTA GLEN CORPORATE CENTER January 3, 2007 Page 13 potentially significant impacts to biological resources could result from the proposed development. The project will result in impacts to 0.98 acres of Coastal Sage Scrub, 1.50 acres of non-native grassland and 0.12 acres of disturbed habitat. All of the Southern Maritime Chaparral will be preserved and the project will preserve 67.1 % of the CSS on site. Mitigation for impacts to CSS habitat is required at a 2:1 ratio and will consist of off-site habitat creation, restoration, and enhancement to ensure compliance with the "No Net Loss" policy. Impacts to California gnatcatcher will be avoided by removing Coastal Sage Scrub during the non-breeding season. Impacts to non-native grasslands and disturbed habitat will be mitigated by payment of an in-lieu mitigation fee. All . additional mitigation measures contained in the adopted Mitigation Monitoring and Reporting Program from EIR 93-02 applicable to the proposed La Costa Glen Corporate Center project have been completed, incorporated into the project design, or are required as conditions of approval for the project. The EIR 93-02 "Findings of Fact and Statement of Overriding Considerations" applies to all subsequent projects covered by the Green Valley Master Plan Final Program EIR. The developer has agreed to the mitigation measures outlined in the attached Mitigation Monitoring and Reporting Program to reduce the identified impacts to below a level of significance in accordance with CEQA. Consequently, a Notice of Intent to adopt a Mitigated Negative Declaration was published in the newspaper and sent to the State Clearinghouse for public agency review. Comments from Caltrans, the Native American Heritage Commission and USFWS were received during the 30-day public review and comment period from November 19, 2006 to December 18, 2006. The letters and responses are included as attachments to the staff report. ATTACHMENTS; 1. Planning Commission Resolution No. 6213 (Mit.Neg.Dec.) 2. Planning Commission Resolution No. 6214 (GPA) 3. Planning Commission Resolution No. 6215 (MP) 4. Planning Commission Resolution No. 6216 (LCPA) 5. Planning Commission Resolution No. 6217 (HMPP) 6. Planning Commission Resolution No. 6218 (SDP) 7. Planning Commission Resolution No. 6219 (HDP) 8. Planning Commission Resolution No. 6220 (CDP) 9. Location Map 10. Background Data Sheet 11. Local Facilities Impact Assessment Form 12. Disclosure Statement 13. Draft Conditions for MS 05-28. 14. Letter from Caltrans dated November 30, 2006 and staff response dated December 12, 2006 9f GPA 06-02/MP 92-01(B)/LCPA 06-01/HMP 06-11/SDP 05-16/HDP 05-11/CDP 05-51 - LA COSTA GLEN CORPORATE CENTER January 3, 2007 Page 14 15. Letter from Native American Heritage Commission dated December 11, 2006 and staff response dated December 21, 2006. 16. Letter from USFWS dated December 20, 2006 and staff response dated December 21, 2006. 17. Reduced Exhibits 18. Exhibits "A" - "R" dated January 3, 2007 CASE NO: BACKGROUND DATA SHEET GPA Q6-02/MP 92-OKBVLCPA 06-01/HMPP 06-11/SDP 05-16/HDP 05-117 CDP 05-51 CASE NAME: LA COSTA GLEN CORPORATE CENTER APPLICANT: Continuing Life Communities, LLC REQUEST AND LOCATION: Request for a recommendation of adoption for a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program: a request for a recommendation of approval for a General Plan Amendment. Master Plan Amendment, Local Coastal Program Amendment, Habitat Management Plan Permit, Hillside Development Permit and Coastal Development Permit; and a request for approval of a Site Development Plan for the subdivision of 7.82 acres of land into two commercial lots and two open space lots, including the grading and construction of a 21,904 sf office building on Lot 1 located within Planning Area 2 of the Green Valley Master Plan on property generally located northwest of Calle Barcelona, west of El Camino Real and north of Leucadia Boulevard on property located in the P-C zone in Local Facilities Management Zone 23. LEGAL DESCRIPTION: Lot 5 of City of Carlsbad Tract No. 92-08 Green Valley, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No 13997, as filed in the Office of the County recorder of San Diego County, July 10. 2000. APN: 255-012-05 Acres: 7.82 Proposed No. of Lots/Units: 4 GENERAL PLAN AND ZONING Existing Land Use Designation: Commercial/Office/Residential Medium-High and Open Space Proposed Land Use Designation: Commercial/Qffice/Residential Medium-High and Open Space Density Allowed: N/A Density Proposed: N/A Existing Zone: Planned Community (P-C) Green Valley Master Plan Proposed Zone: Surrounding Zoning, General Plan and Land Use: N/A General Plan Current Land Use Site North P-C P-C P-CSouth East West P-C P-C C/O/RMH and OS C/O/RMH and OS R/O/RMH R/O/RMH OS Vacant La Costa Glen Retirement Community/ Open Space Preserve Forum Shopping Center Forum Shopping Center Open Space Preserve Revised 01/06 LOCAL COASTAL PROGRAM Coastal Zone: ^] Yes Q No Local Coastal Program Segment: Batiquitos Lagoon/Hunt Properties Segment Within Appeal Jurisdiction: | | Yes [XI No Coastal Development Permit: 1X1 Yes | | No Local Coastal Program Amendment: 1X1 Yes | | No Existing LCP Land Use Designation: C/O/RMH and OS Proposed LCP Land Use Designation: C/Q/RMH and OS Existing LCP Zone: P-C Proposed LCP Zone: P-C PUBLIC FACILITIES School District: Encinitas/San Dieguito Water District: Olivenhain Sewer District: Leucadia County Equivalent Dwelling Units (Sewer Capacity): 1Q.16EDU ENVIRONMENTAL IMPACT ASSESSMENT Categorical Exemption, Mitigated Negative Declaration, issued January 3, 2007 Certified Environmental Impact Report, dated January 23, 1996 - Green Valley Master Plan Final Program Environmental Impact Report (EIR 93-02) Other, Revised 01'06 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: GPA 06-Q2/MP 92-QUBVLCPA 06-01/HMPP 06-11/SDP 05-16/HDP 05-11/ CDP 05-51 - LA COSTA GLEN CORPORATE CENTER LOCAL FACILITY MANAGEMENT ZONE: 23 GENERAL PLAN: C/O/RMH ZONING: Planned Community (P-C) ' DEVELOPER'S NAME: Continuing Life Communities. LLC ADDRESS: 1940 Levante Street Carlsbad. CA 92009 PHONE NO.: 760-704-6265 ASSESSOR'S PARCEL NO.: 255-012-05 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 7.S2 ESTIMATED COMPLETION DATE: 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) 10.16EDU D. Park: . Demand in Acreage = N/A E. Drainage: Demand in CFS = 102.3 CFS Identify Drainage Basin = Batiquitos Lagoon Watershed (Identify master plan facilities on site plan) F. Circulation: Demand in ADT = 438 APT (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = 2 H. Open Space: Acreage Provided = 2.67 acres I. Schools: • N/A J. Sewer: Demands in EDU 10.61 EDU Identify Sub Basin = Leucadia (Identify trunk line(s) impacted on site plan) K. Water: Demand in GPD = 2,235 GPP L. The project is 13,000 square feet under the Growth Management projection of 300,000 square feet for Planning Area 2 of the Green Valley Master Plan. 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. 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 Corp/Part Continuing Life Communities, LLC Title ___ Title Address Address 1940 Levante St Carlsbad. CA 92009 2. 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 Corp/Part Continuing Life Communities. LLC Title Title Address " Address 1940 Levante St Carlsbad. CA 92009 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us 3.NON-PROFIT ORGANIZATION OR TRUST 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.c Signature of owner/date KK uCc Signature df applicant/date ( J— - Print or type name of owner Print or type name'bf 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 97 December 19, 2006 Continuing Life Communities, LLC 1940 Levante Street Carlsbad, CA 92009 LA COSTA GLEN OFFICES (MS 05-28) MINOR SUBDIVISION (MS) DRAFT PRELIMINARY CONDITIONS OF APPROVAL The City Engineer has made a preliminary decision, pursuant to Section 20.24.120 of the City of Carlsbad Municipal Code, to approve the Tentative Parcel Map for the subject minor subdivision, subject to the conditions listed below. The preliminary conditions are: ENGINEERING CONDITIONS NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed Tentative Parcel Map, must be met prior to approval of a Parcel Map, a grading permit, or building permit(s), which ever occurs first. General 1. The applicant may request a review of the preliminary conditions within ten (10) days of the date of this approval. The request must be submitted in writing to the City Engineer in accordance with Section 20.24.120 through 140 of the Carlsbad Municipal Code. 2. This Tentative Parcel Map approval shall expire twenty-four (24) months from the date of the letter containing the final decision for Tentative Parcel Map approval. 3. Developer shall submit to the City Engineer, a reproducible 24" x 36", mylar copy of the Tentative Parcel Map and a digital copy of said map (in AutoCAD format, latest version) reflecting the conditions approved by the final decision making body including any applicable Coastal Commission approvals. The reproducible shall be submitted to the City engineer, reviewed and, if acceptable, signed by the City's project engineer and project planner prior to submittal of the building plans, Parcel Map, improvement or grading plans, whichever occurs first. The digital file copy shall be submitted in a format as approved by the City Engineer. 4. The Parcel Map shall comply with the Planning Department memorandum for Minor Subdivision No. MS 05-28 as well as the Planning Commission conditions contained in the resolutions of approval for CDP 05-51, GPA 06-02, HDP 05-11, LCPA 06-01, SDP 05-16, MP 92-1B, SUP 04-09, and HDP 04-0&. Approval of this project subject the approval of CDP 05-51, GPA 06-02, HDP 05-11, LCPA 06-01, SDP 05-16, MP 92-1B, and the conditions contained in the resolutions of approval for said projects. C:\Documents and Settings\Cscob.CARLSBAD\My DocumentsVReview Documents\Smart PCA.doc File: MS 05-28 #2R Last printed 12/20/2006 10:39:00 AM Page Iof7 DRAFT 5. Developer shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, agents, officers, and representatives, from and against any and all liabilities, losses, damages, demands, claim and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Tentative Parcel Map, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, including an action filed within the time period specified in Government Code Section 66499.37. 6. Unless specifically allowed, no variance from City Standards is authorized by virtue of the approval of this Tentative Parcel Map. 7. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, storm drain facilities, sewer, landscape and irrigation, located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. Fees/Agreements 8. All fees and deposits shall be paid prior to approval of the Parcel Map. 9. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation, a City Standard deed restriction on the property which relates to the proposed cross lot drainage through proposed and existing downstream drainage improvements as shown on the Tentative Parcel Map. The deed restriction document shall be in a form acceptable to the City Engineer and shall: a) Clearly delineate the limits of the drainage course; b) State that the drainage course is to be maintained in perpetuity by the underlying property owner; and c) State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance. 10. The private storm drain connection within a public drainage easement will require encroachment agreement to be recorded prior to issuance of building permits. 11. Developer shall pay the Batiquitos/San Marcos Creek Local Drainage Area Fee prior to approval of the Parcel Map. C:\Documents and Settings\Cscob.CARLSBAD\My DocumentsVReview Documents\ PCA.doc File: MS 05-28 #2R Last printed 12/20/2006 10:39:00 AM Page 1 of 7 DRAFT 12. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation, a City standard Best Management Practice (BMP) Maintenance Agreement for the perpetual maintenance of all treatment control and applicable site design and source control post- .. construction permanent BMP's prior to the issuance of a grading permit, building permit or recordation of Parcel Map, whichever occurs first for this Project. Grading 13. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intent (NOI) for the start of work has been submitted to the State Water Resources Control Board. 14. Based upon a review of the proposed grading and the grading quantities shown on the Tentative Parcel Map, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit. 15. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: a. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. c. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 16. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall: a. include all content as established by the California Regional Water Quality Control Board requirements; C:\Documents and Settings\Cscob.CARLSBAD\My DocumentsVReview Documents\ PCA.doc File: MS 05-28 #2R Last printed 12/20/2006 10:39:00 AM Page 2 of 7 /oo DRAFT b. include the receipt of "Notice of Intent" issued by the California Regional Water Quality Control Board; c. recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to adjacent properties, the City right-of-way or natural drainage course; and d. establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. 17. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)" report, prepared by a civil engineer with current registration in the state of California. The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board (RWQCB) and City of Carlsbad Municipal Code, or any subsequent revisions as adopted by the City or RWQCB. The SWMP shall include measures to avoid contact, filter, or otherwise treat said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project in perpetuity. At a minimum, the SWMP shall: a. identify existing and post-development on-site pollutants-of-concern; b. identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; c. recommend site design, source control and treatment control Best Management Practices (BMP's) that will be implemented with this project to avoid contact, filter, or otherwise treat said pollutants from storm water to the maximum extent practicable before discharging offsite; d. establish specific operation and maintenance procedures for for all applicable site design, source control and treatment control BMP's in addition to handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants; e. propose a city approved mechanism to ensure long-term maintenance of all post construction BMP's that includes maintenance and operation records that are required to be maintained for a minimum of five (5) consecutive years, in perpetuity; and f. identify how post-development runoff rates and velocities from the site will not exceed the pre- development runoff rates and velocities to the maximum extent practicable. Dedications/Improvements 18. Developer shall cause Owner to execute a covenant of easement for private storm drain and drainage improvements within existing lot 5 of Map 13997 as shown on the Tentative Parcel Map. The obligation to execute and record the covenant of easement shall be shown and recording information C:\Documents and Settings\Cscob.CARLSBAD\My Documents\Review Documents\ PCA.doc File: MS 05-28 #2R Last printed 12/20/2006 10:39:00 AM Jf\ Page 3 of 7 "^ DRAFT called out on the Parcel Map. Developer shall provide City Engineer with proof of recordation prior to issuance of grading permit or building permit, whicherver occurs first. 19. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 20. Developer shall provide the design of all private streets and drainage systems to the satisfaction of the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. Developer shall pay the standard improvement plancheck and inspection fees. 21. Prior to issuance of a grading permit, or building permit, which ever occurs first, Developer shall have designed, apply for and obtain approval of the City Engineer, for the structural section for the access aisles with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City Engineer as part of the building or grading plan review whichever occurs first. 22. Based upon a review of the proposed improvements on the Tentative Parcel Map, a Right-of-Way (ROW) permit for this project is required for proposed connections to existing potable and reclaimed water mains and the construction of public water mains through proposed on site dedicated easements. Developer shall apply for and obtain a ROW permit from the City Engineer prior to issuance of a building permit. Carlsbad Municipal Water District 23. The Developer shall meet with and obtain approval from the Leucadia Wastewater District regarding sewer infrastructure available or required to serve this project. 24. The Developer shall meet with and obtain approval from the Olivenhain Municipal Water District regarding potable water infrastructure available or required to serve this project. 25. Prior to approval of improvement plans or Parcel Map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 26. The Developer shall design and construct public water facilities substantially as shown on the Tentative Parcel Map to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. 27. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of occupancy. A note to this effect shall be placed on the Parcel Map as non-mapping data. C:\Documents and Settings\Cscob.CARLSBAD\My Documents\Review Document^ PCA.doc File: MS 05-28 #2R Last printed 12/20/2006 10:39:00 AM Jf\ Page 4 of 7 "* DRAFT 28. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the Tentative Parcel Map to the satisfaction of the District Engineer. PLANNING CONDITIONS 29. This approval is granted subject to the approval of (CDP 05-51, GPA 06-02, HDP 05-11, LCPA 06-01, SDP 05-16, MP 92-1B) and is subject to all conditions contained in (CDP 05-51, GPA 06-02, HDP 05- 11, LCPA 06-01, SDP 05-16, MP 92-1B). Parcel Map Notes 30. Developer shall show on Parcel Map the net developable acres for each parcel. 31. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. Special Conditions 32. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Tentative Parcel Map are for planning purposes only. Developer shall pay traffic impact fees based on Section 18.42 of the City of Carlsbad Municipal Code. 33. The Developer shall obtain approval from the Olivenhain Municipal Water District prior to issuance of a grading or building permit, which ever occurs first or prior to any construction or grading within the existing water easement dedicated per Doc. No. 75-189466, July 22, 1975. Code Reminder 34. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time building permits are issued, including but not limited to the following: a) Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. b) If any condition for construction of any public facilities, or payment 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 Engineer determines that this Project without this condition complies with the requirements of the law. The applicant may request a review of the preliminary conditions within ten (10) days of the date of this approval. The request must be submitted in writing to the City Engineer in accordance with Section 20.24.120 through 140 of the Carlsbad Municipal Code. C:\Documents and Settings\Cscob.CARLSBAD\My Documents\Review Documents\ PCA.doc File: MS 05-28 #2R Last printed 12/20/2006 10:39:00 AM Page 5 of 7 /OS DRAFT Developer may request a review of the preliminary decision with the City Engineer in writing within ten (10) days of the date of this letter. Upon such written request the City Engineer shall arrange a time and place with Developer for such review. The City Engineer has reviewed each of the exactions imposed on Developer contained in these conditions of approval, 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 degree of the exaction is in rough proportionality to the impact caused by the project. Sincerely, David A. Hauser Deputy City Engineer c: File Chris Scobba, Associate Engineer Barbara Kennedy, Associate Planner C:\Documents and Settings\Cscob.CARLSBAD\My Documents\Review Documents\ PCA.doc File: MS 05-28 #2R Last printed 12/20/2006 10:39:00 AM <»> Page 6 of 7 *+ STATE OF CALIFORNIA—BUSINESS. TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER. Governor DEPARTMENT OF TRANSPORTATION District 11 - 4050 Taylor St. • M.S. 240 San Diego, CA 92110-2737 PHONE (619)688-6003 FAX (619)688-4299 November 3 0,2006 Ms. Barbara Kennedy City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 Flex your power! Be energy efficient! «ll-SD-005 PM 42.71 RE: La Costa Glen Corporate Center - Draft MNP (SCH 2006111092) Dear Ms. Kennedy: The California Department of Transportation (Caltrans) appreciates the opportunity to review the Draft Mitigated Negative Declaration (MND) for the proposed La Costa Glen Corporate Center project, to be located immediately east of Interstate 5 (1-5), north of Leucadia Boulevard in the City of Carlsbad. This project proposes a 21,904 square foot office building and approximately 13,000 square feet of future commercial retail on a vacant 7.8 acre site. As proposed, the development has the potential to produce an estimated 960 Average Daily Trips (ADT) and may potentially impact existing and future state transportation facilities in the area (e.g., 1-5, and associated on- and off-ramps). A traffic impact study (TIS) may be needed to assess the project's impact as well as to identify possible mitigation measures. Cumulative impacts of a project, together with other related projects, must be considered when determining the project's impacts. A cumulative impact is the sum of the impacts of existing conditions, other projects, and the project itself - no matter how small the contribution is from the project itself. There is no minimum size limitation on projects that may be required to mitigate for cumulative impacts if the project contributes to the problem in any amount. Caltrans supports the concept of "fair share" contributions on the part of developers for future interchange improvement projects and/or other mitigation measures. Caltrans appreciates the opportunity to review this project proposal. If you have questions regarding the Department's comments, please contact Brent McDonald at (619) 688-6819. Sincerely, AL COX, Chief Development Review Branch "Caltrans improves mobility across California" FILE COPY City of Carlsbad Planning Department December 12,2006 Mr. Al Cox, Chief Department of Transportation District 11, 4050 Taylor Street, MS 240 San Diego, CA 92110-2737 SUBJECT: LA COSTA GLEN CORPORATE CENTER - DRAFT MND (SCH 2006111092) Dear Mr. Cox: Thank you for your correspondence regarding the La Costa Glen Corporate Center Project. The subject site is included within the project area analyzed under the Green Valley Master Plan Program EIR (EIR 93-02). EIR 93-02 analyzed the traffic impacts associated with the development of the Green Valley Master Plan and the cumulative traffic impacts, and mitigation measures were developed to reduce the impacts to less than significant. All required mitigation for traffic impacts were completed with the first development phases of the Green Valley Master Plan. The project is within the scope of the Program EIR 93-02 and the proposed development will not cumulatively exceed the 300,000 square feet of commercial retail area anticipated to occur within the Green Valley Master Plan project area. No additional traffic impacts are associated with the proposed development; therefore no additional mitigation is required. The City is aware that Caltrans is planning for the 1-5 widening project. It is our understanding that the 1-5 widening does not have environmental clearance yet, but is in the beginning stages of the Planning and Environmental Review process. We anticipate with the 1-5 widening, that certain on-ramps and exit locations will require reconstruction. Final design of these ramps, as well as capacity upgrades to handle future anticipated traffic should be addressed with the 1-5 widening project. In order for development projects to pay their "fair share" contribution toward capital improvement projects (Improvement), first the projects must be defined by the public agency, have an estimated construction cost, and have an approved financial approach that explains those projects that will impact the Improvement and how the fair-share is attributed to each project fairly. To-date, Carlsbad has not been informed as to the program (financial mechanism) that defines how this Project (or any other project in San Diego County) contributes toward Caltrans' improvement programs, such as the future 1-5 widening project. If there is such a program adopted by Caltrans, please forward this information and we will re-evaluate-^ur approach with respect to conditioning private projects relative to Caltrans Improvements. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us LA COSTA GLEN CORPORATE CENTER - DRAFT MND (»CH 2006111092) December 12, 2006 Page 2 If you have any additional questions regarding this project or our response to your comments, please contact me at 760-602-4626. Sincerely, BARBARA KENNEDY, AICP Associate Planner STATE OF CALIFORNIA !- <£3 P ,*.... ;R Arnold Schwarzenegger. Governor NATIVE AMERICAN HERITAGE COMMISSION 915 CAPITOL MALL, ROOM 364 SACRAMENTO, CA 95814 (916)653-6251 Fax (91 6) 657-5390 Web Slta www.nahc.ca.gov e-mail: ds nahc@pacbell.net December 1 1 , 2006 Ms. Barbara Kennedy, Associate Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: SCH#20061 11 092: CEQA Notice of Completion: Mitigated Negative Declaration: La Costa Glen Corporate Center- GPA 06-02/MP 92-01 (BVLCPA 06-01/HMPP 06-1 1/SDP 05-16/CDP 05-51/HDP 05-1 1/MS 05-28: City of Carlsbad: San Diego County. California Dear Ms. Kennedy: Thank you for the opportunity to comment on the above-referenced document. The Native American Heritage Commission is the state's Trustee Agency for Native American Cultural Resources. The California Environmental Quality Act (CEQA) requires that any project that causes a substantial adverse change in the significance of an historical resource, that includes archeological resources, is a 'significant effecf requiring the preparation of an Environmental Impact Report (EIR) per CEQA guidelines § 1 5064.5(b)(c). In order to comply with this provision, the lead agency is required to assess whether the project will have an adverse impact on these resources within the 'area of potential effect (APE)', and if so, to mitigate that effect. To adequately assess the project-related impacts on historical resources, the Commission recommends the following action: V Contact the appropriate California Historic Resources Information Center (CHRIS). The record search will determine: • If a part or the entire APE has been previously surveyed for cultural resources. • If any known cultural resources have already been recorded in or adjacent to the APE. • If the probability is low, moderate, or high that cultural resources are located in the APE. • If a survey is required to determine whether previously unrecorded cultural resources are present. V If an archaeological inventory survey is required, the final stage is the preparation of a professional report detailing the findings and recommendations of the records search and field survey. • The final report containing site forms, site significance, and mitigation measurers should be submitted immediately to the planning department. All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum, and not be made available for pubic disclosure. • The final written report should be submitted within 3 months after work has been completed to the appropriate regional archaeological Information Center. V Contact the Native American Heritage Commissioh (NAHC) for: * A Sacred Lands File (SLF) search of the project area and information on tribal contacts in the project vicinity who may have additional cultural resource information. Please provide this office with the following citation format to assist with the Sacred Lands File search request: USGS 7.5-minute quadrangle citation with name, township, range and section: . • The NAHC advises the use of Native American Monitors to ensure proper identification and care given cultural resources that may be discovered. The NAHC recommends that contact be made with Native American Contacts on the attached list to get their input on potential project impact, particularly the contacts of the on the list. V Lack of surface evidence of archeological resources does not preclude their subsurface existence. • Lead agencies should include in their mitigation plan provisions for the identification and evaluation of accidentally discovered archeological resources, per California Environmental Quality Act (CEQA) §15064.5 (f). In areas of identified archaeological sensitivity, a certified archaeologist and a culturally affiliated Native American, with knowledge in cultural resources, should monitor all ground-disturbing activities. • Lead agencies should include in their mitigation plan provisions for the disposition of recovered artifacts, in consultation with culturally affiliated Native Americans. V Lead agencies should include provisions for discovery of Native American human remains or unmarked cemeteries in their mitigation plans. * CEQA Guidelines, Section 15064.5(d) requires the lead agency to work with the Native Americans identified by this Commission if the initial Study identifies the presence or likely presence of Native American human remains within the APE. CEQA Guidelines provide for agreements with Native American, identified by the NAHC, to assure the appropriate and dignified treatment of Native American human remains and any associated grave liens. V Health and Safety Code §7050.5, Public Resources Code §5097.98 and Sec. §15064.5 (d) of the CEQA Guidelines mandate procedures to be followed in the event of an accidental discovery of any human remains in a location other than a dedicated cemetery. V Lead agencies should consider avoidance, as defined in S 15370 of the CEQA Guidelines, when significant cultural resources are discovered during the course of project planning. Please feel free to contact me at (916) 653-6251 if you have any questions. Cc: State Clearinghouse Attachment: List of Native American Contacts aveSmglej Program Analyst Native American Contacts San Diego County December 11, 2006 Kumeyaay Cultural Historic Committee Ron Christman 56 Viejas Grade Road Diegueno/ Alpine ,CA 92001 (619)445-0385 Kumeyaay Rincon Band of Mission Indians Angela Veltrano, Rincon Culture Committee P.O. Box 68 Luiseno Valley Center ,CA 92082 council@rincontribe. (760)749-1051 (760) 749-8901 Fax Kumeyaay Cultural Heritage Preservation Paul Cuero 36190 Church Road, Suite5 Diegueno/ Campo ,CA 91906 Kumeyaay Kwaaymii Laguna Band of Mission Indians Carmen Lucas P.O. Box 775 Pine Valley , CA 91962 Diegueno - Kwaaymii Laguna (619)478-9046 (619)478-9505 (619) 478-5818 Fax (619)709-4207 Kumeyaay Cultural Repatriation Committee Steve Banegas, Spokesperson 1095 Barona Road Diegueno/ Lakeside ,CA 92040 Kumeyaay San Luis Rey Band of Mission Indians Russell Romo, Chairman 12064 Old Pomerado Road Luiseno Poway ,CA 92064 (619)443-6612 (619)443-0681 FAX (858)748-1586 This list is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responsibilitiey as defined in Sec. 7050,5 of the Health & Safety Code, Sec. 5097.94 of the Public Resources Code and Sec. 5097.98 of the Publi Resources Code. This list is only applicable for contacting local Native Americans with regard to cultural resources for the proposed sCH#2006111092; CEQA Notice of Completion; Mitigated Negaltive Declaration for La Costa Glen Corporate Center; City of Carlsbad (Prior EIR 93-02-GreenValley Master Plan; SCH#93041014); San Diego County, California. //o Native American Contacts San Diego County December 11, 2006 San Luis Rey Band of Mission Indians Carmen Mojado, Co-Chair 1889 Sunset Dr. Luiseno Vista ,CA 92081 San Luis Rey Band of Mission Indians Mark Mojado, Cultural Resources P.O. Box 1 Luiseno Pala ,CA 92059 „Cupeno (760) 742-4468 (760) 586-4858 (cell) Cupa Cultural Center (Pala Band) Shasta Gaughen, Assistant Director 35008 Pala-Temecula Rd.PMB Box 445 Luiseno Pala ,CA 92059 cupa@palatribe.com (760)742-1590 Clint Linton P.O. Box 507 Santa Ysabel (760) 803-5694 ,CA 92070 Diegueno/ Kumeyaay cjlinton73@aol.com This list is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responsibilitiey as defined in Sec. 7050,5 of the Health & Safety Code, Sec. 5097.94 of the Public Resources Code and Sec. 5097.98 of the Publi Resources Code. This list is only applicable for contacting local Native Americans with regard to cultural resources for the proposed SCH#2006111092; CEQA Notice of Completion; Mitigated Negaltive Declaration for La Costa Glen Corporate Center; City of Carlsbad (Prior EIR 93-02-GreenValley Master Plan; SCH#93041014); San Diego County, California. City of Carlsbad Planning Department December 21 2006 Native American Heritage Commission Mr. Dave Singleton 915 Capitol Mall, Room 364 Sacramento, CA 95814 RE: LA COSTA GLEN CORPORATE CENTER - DRAFT WIND (SCH 2006111092) Dear Mr. Singleton: Thank you for your correspondence regarding the La Costa Glen Corporate Center Project. The subject site is included within the project area analyzed under the Green Valley Master Plan Program EIR (EIR 93-02). A Cultural Resources Survey was prepared for the site by Brian F. Smith and Associates and was analyzed in association with EIR 93-02 for the Green Valley Master Plan. Cultural Resources were identified within Green Valley; however, none of the sites fall within the boundaries of the proposed project. In accordance with the Mitigation Measures for EIR 93-02, grading of the site will need to be monitored by a Qualified Biologist. In addition, to address your concerns, I will include the following condition to the project: Prior to commencement of grading, the developer shall enter into a pre- excavation agreement with a representative of the San Luis Rey Band of Mission Indians. The purpose of the agreement will be to formalize procedures for the treatment of Native American human remains, burial, ceremonial or cultural sites that may be uncovered during any ground disturbance activity. In the event archaeological features are discovered, the archaeological monitor shall be empowered to suspend work in the immediate area of the discovery until such time that a data recovery plan can be developed and implemented. Work outside the area of the find shall proceed along with the continuation of archaeological monitoring. If you have any additional questions regarding this project or our response to your comments, please contact me at 760-602-4626. Sincerely, BARBARA KENNEDY, AICP Associate Planner 1635 Faraday Avenue - Carlsbad, CA 9200S-7314 » (760) 602-4600 » FAX (760) 602-8559 • www.ci.carlsbad.ca.us uu rj.an ru.iv United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological Services Carlsbad Fish and Wildlife Office 6010 Hidden Valley Road Carlsbad, California 92011 In Reply Refer To: FWS-SDG-5133.1 DEC 2 0 2006 Mr. Don Neu Acting Planning Director City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008-7314 Subject: Comments on the Draft Mitigated Negative Declaration for the La Costa Glen Corporate Center Project, City of Carlsbad, San Diego County, California Dear Mr. Neu: The U.S. Fish and Wildlife Service (Service) has reviewed the mitigated negative declaration (MND), dated November 14, 2006, and received November 20, 2006, for the above referenced project located in the City of Carlsbad (City). On December 15, 2006, Barbara Kennedy granted Marci Koski of the Service an extension for submitting comments on the MND to December 21, 2006. The Service has some concerns regarding potential effects of this project on wildlife and regional conservation planning. The comments provided herein are based on: the information provided in the MND; the Preliminary Biological Assessment prepared by Planning Systems and dated June 20, 2006; the Service's knowledge of sensitive and declining vegetation communities in San Diego County; and our participation in regional conservation planning efforts, including the North San Diego County Multiple Habitat Conservation Plan (MHCP) and the City's approved Subarea Habitat Management Plan (HMP). The primary concern and mandate of the Service is the protection of public fish and wildlife resources and their habitats. The Service has legal responsibility for the welfare of migratory birds, anadromous fish, and endangered animals and plants occurring in the United States. The Service is also responsible for administering the Federal Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 etseq.). The project proposes to develop a 7.82-acre property by grading and constructing a 21,904 square-foot office building. The project property also includes an existing previously permitted vacant graded pad which may be developed for up to 13,000 square-feet of commercial development in the future. The property is located in the southwest quadrant of the City, northwest of Calle Barcelona, west of El Catnino Real, and north of Leucadia Boulevard in Local TAKE PRIDE 113 Mr. Don Neu (FWS-SDG-5133.1) . 2 Facilities Management Zone 23. Currently, the site exists as the above-mentioned graded pad, previously farmed areas, manufactured slopes, a settling basin, a potable water easement, disturbed lands and natural habitat. Open space preserve (associated with the Green Valley Master Plan, GVMP) is located on three sides of the site with The Forum shopping center located across Calle Barcelona to the south of the site. Manufactured cut slopes define the existing pad that will contain the office building to the north and west, and this bench ranges from 45 feet to 68 feet higher in elevation than the vacant pad (which may be used for commercial development in the future). A settling basin occurs on the bench, accessed by a water line service road that connects to the vacant pad. According to the Preliminary Biological Assessment, on-site vegetation communities were assessed on September 2, 2005, and a rare plant survey was conducted on February 14, 2006. No plant species listed as rare, threatened, or endangered by the Service or California Department of Fish and Game (Department, hereafter collectively referred to as the Wildlife Agencies) were detected in the project area. However, wart-stemmed ceanothus (Ceanothus verrucosus), a federal species of special concern, was detected in the project area. A general wildlife survey was performed February 14-15,2006. Two pairs of coastal California gnatcatcher (Polioptila californica californica, gnatcatcher), a State and federally threatened species, were observed along the northern and central western edges of the site. No other threatened or endangered species were detected on-site. According to the MND, impacts to habitats associated with the proposed project include 0,98 acre of gnatcatcher-occupied coastal sage scrub (CSS), 1.5 acres of non-native grassland (NNG), 0.30 acre developed land, 0.12 acre disturbed habitat (consisting of the previously permitted building pad), 0.35 acre brush-managed revegetation, and no impacts to southern maritime chaparral, for a total of 3.25 acres of impacts on the 7.82-acre site. The MND states that mitigation for impacts to CSS will consist of CSS creation (1.16 acre), restoration (0.39 acre), and enhancement (0.41 acre) in areas within and adjacent to the Green Valley master plan preserve. Further, 2.0 acres of CSS on-site will be avoided and a conservation easement will be placed over a minimum of 0.98 acre of CSS and 0.56 acre of southern maritime chaparral on-site. Mitigation for impacts to NNG and disturbed habitat will consist of the payment of the HMP habitat in-lieu fee. Two of the 14 wart-stemmed ceanothus will be impacted by the project as well. The HMP requires that 95 percent of the Green Valley population be conserved, and including this project, only 2 of 134 individuals in the Green Valley population will be taken, for an overall conservation level of 99 percent. The Service offers the following recommendations and comments to assist the City in avoiding, minimizing and mitigating project impacts to biological resources, and assure that the project is consistent with the MHCP and HMP: 1. The MND indicates that a 40-foot minimum fire suppression zone will be provided between habitable structures and preserved biological resources, and that these areas are not included within the open space preserve area. The MND also indicates that the Carlsbad Fire Department supports a reduced fire suppression zone (from 60 feet) due to the extensive use of fire retardant building materials and building design. Please provide the Wildlife Agencies with a statement from the Carlsbad Fire Department that approves n't- Mr.DonNeu(FWS-SDG-5133.1) 3 this reduction. 2. Figure 3 in the Preliminary Biological Assessment shows a narrow band of CSS that surrounds the development that is designated as either "20* buffer impacted areas" or "Zone 3 Fuel Mod". While the MND indicates a 40-foot minimum fire suppression zone, this map only shows a 20 foot buffer from the impact area. Please clarify whether fuel management activities will occur in this 20 foot buffer, where the remaining 20 feet of the fire suppression zone is, and describe what fuel modification activities will occur in Zone 3. 3. Figure 4 in the Preliminary Biological Assessment indicates that a total 2.67-acre area, including 2.04 acres of CSS, will be preserved in Conservation Easement Areas A and B, while item 4 in Section 9.0, Summary of Project Mitigation, indicates that while the applicant will avoid impacts to 2.00 acres of CSS on-site, a conservation easement will be placed over a minimum of 0.98 acres of CSS on-site. Please clarify whether the conservation easement will cover the entire 2.67-acre area, including 2.04 acres or 0.98 acres of CSS on-site. If only 0.98 acres of the CSS will be placed under a conservation easement, please explain why the remaining 1.04 acres will not be conserved in this manner as well. 4. The MND acknowledges that three narrow-endemic species have the potential to occur on-site that would not necessarily have been observed when the rare plant survey was conducted. These species include thread-leaf brodiaea (Brodiaea filifolia), Orcutt's brodiaea (Brodiaea orcutti), and San Diego goldenstar (Muilla clevelandii). Please provide the Wildlife Agencies with the results of follow-up rare plant surveys that should be conducted to detect these plants. The project should salvage and transplant any narrow-endemics found within the impact area, according to a plan approved by the Wildlife Agencies prior to initiating project impacts. 5. Adjacency standards reviewed in the MND indicate that brown-headed cowbirds (Molothrus ater) associated with Lot 5 will be monitored. Further, the Preliminary Biological Assessment indicates that these birds were observed on-site. Please provide more detail on the proposed cowbird monitoring program, and describe additional measures that will be taken to control cowbird populations adjacent to preserved habitat, as mentioned in Mitigation Measure 7.a (Le., will cowbird traps be placed in edge habitat, how many traps will be used, how long will the traps be in place, etc.). 6. Figure 4 of the Preliminary Biological Assessment shows a water easement crossing the northeast comer of the property in Conservation Easement Area B. Please provide information on what types of activities may potentially occur in the water easement and how access to this easement would be achieved should maintenance activities be necessary. 7. Mitigation for impacts to CSS will occur through off-site CSS creation, restoration, and enhancement in 9 plots within 01 adjacent to the Green Valley open space preserve (with the exception of plot 8, which is located outside of the preserve adjacent to El Camino l^CUO TAA *DU4JiO»Ui LIB fi SH AJN1» WJ.LULJ.Mf IfflUUt) Mr.DonNeu(FWS-SDG-5133.1) 4 Real). Five of these plots (including plot 8) currently exist as uniform stands of NNG, which can function as raptor foraging habitat. Please provide a vegetation map that shows vegetation types adjacent to these plots. While the Wildlife Agencies would support revegetation of isolated NNG patches to CSS, if the proposed plots of NNG are contiguous with a larger area of NNG, impacts to 1.16 acres of NNG from conversion to CSS would have to be mitigated at a 0.5:1 ratio. 8. Plot 8 is proposed to provide 0.35 acres of CSS habitat creation, but is not located within or adjacent to the Green Valley open space preserve according to Figure 5 in the Preliminary Biological Assessment. Please provide an explanation for including plot 8 in the mitigation plan for impacts to CSS, or a correction indicating that plot 8 is in fact part of the open space preserve. 9. The Preliminary Biological Assessment indicates that the brash managed revegetation habitat provides some natural habitat value, but will be treated as if it were ornamental vegetation. While it is acknowledged that several CSS species have been omitted from the brush management mix (e.g., California sage brush (Artemisia californica), black sage (Salvia mellifera), flat-top buckwheat (Eriogonumfasciculatumy, laurel sumac (Malosma laurina), and lemonadebeny (Rhus integrifolia)), please provide the vegetation composition of this habitat type. In general, the proposed project should comply with all requirements of the City's HMP and MHCP. We recommend that the enclosure standard conditions are included in the final MND to help ensure compliance with the City's HMP and MHCP. We appreciate the opportunity to comment on this MND and the City's efforts to ensure compliance with the City's HMP and MHCP. If you have any questions or comments pertaining to this letter, please contact Marci Koski at (760) 431-9440, ext. 304. Sincerely, Therese O'Rourke Assistant Field Supervisor U.S. Fish and Wildlife Service Enclosure cc: State Clearinghouse David Mayer, CDFG va riott AINW ENCLOSURE Recommended Conditions for the La Costa Glen Corporate Center Project, Carlsbad, San Diego County, California 1. The applicant shall submit final coastal sage scrub habitat creation/restoration/enhancement plans to the Wildlife Agencies for review and approval at least 30 days prior to initiating project impacts. These plans shall be based on the MND and the comments provided by the Wildlife Agencies. In addition to the measures proposed in the MND, the final plans shall include the following information and conditions: a. All final specifications and topographic-based grading, planting and irrigation plans (with 10-foot contours). All upland habitat creation/restoration/enhancement sites shall be prepared for planting by decompacting the top soil in a way that mimics natural upland habitat top soil to the maximum extent practicable while maintaining slope stability. Topsoil and plant materials salvaged from the upland habitat areas to be impacted shall be transplanted to, and/or used as a seed/cutting source for, the upland habitat restoration/creation areas to the maximum extent practicable as approved by the Wildlife Agencies. Planting and irrigation shall not be installed until the Wildlife Agencies have approved of upland habitat restoration/creation site grading. All planting shall be installed in a way that mimics natural plant distribution, and not in rows; b. Planting palettes (plant species, size and number/acre) and seed mix (plant species and pounds/acre). The upland plant palette proposed in the draft plans shall include native species specifically associated with the habitat type(s). Unless otherwise approved by the Service, only locally native species (no cultivars) obtained from as close to the project area as possible shall be used. The source and proof of local nativeness of all plant material and seed shall be provided; c. Container plant survival shall be 80% of the initial plantings for the first 5 years. At the first and second anniversary of plant installation, all dead plants shall be replaced unless their function has been replaced by natural recruitment; d. A final implementation schedule that indicates when all upland habitat impacts, as well as creation/restoration/enhancement grading, planting and irrigation shall begin and end. Upland habitat creation/restoration/enhancement grading, planting and irrigation shall be completed during the concurrent or next planting season (i.e., late fall to early spring) after finishing grading within the creation/restoration/enhancement area. Any temporal loss of upland habitat caused by delays in creation/restoration/enhancement shall be mitigated through upland habitat preservation/creation/restoration/enhancement at a 0.5:1 ratio for every 6 months of delay (i.e., 1:1 for 12 months delay, 1.5:1 for 18 months delay, etc.). In the event that the project applicant is wholly or partly prevented from 111 rna. f UU40J.09U4 U3 riaU AINU niU^Llfli lg|UU7 Mr. Don Neu (FWS-SDG-5133.1) Enclosure, Page 2 performing obligations under the final plans (causing temporal losses due to delays) because of unforeseeable circumstances or causes beyond the reasonable control, and without the fault or negligence of the project applicant, the project applicant shall be excused by such unforeseeable cause(s); e. Five years of success criteria for CSS creation/restoration/enhancement areas including: a total of 40-65 percent absolute cover; evidence of natural recruitment of multiple species; 0 percent coverage for Cal-IPC List A and B species, and no more than 10 percent coverage for other exotic/weed species; f. A qualitative and quantitative vegetation monitoring plan with a map of proposed sampling locations. Photo points shall be used for qualitative monitoring and stratified-random sampling shall be used for all quantitative; g. Contingency measures in the event of creation/restoration/enhancement failure; and h. Annual mitigation maintenance and monitoring reports shall be submitted to the Agencies after the maintenance and monitoring period and no later than December 1 of each year. i. If maintenance of a coastal sage scrub creation/restoration/enhancement area is necessary between February 15 and August 31, a biologist permitted by the Service will survey for gnatcatchers within the creation/restoration/enhancement area, access paths to it, and other areas susceptible to disturbances by site maintenance. Surveys will consist of three visits separated by two weeks starting March 1 of each maintenance/monitoring year. Work will be allowed to continue on the site during the survey period. However, if gnatcatchers are found during any of the visits, the applicant will notify and coordinate with the Wildlife Agencies to identify measures to avoid and/or minimize effects to the gnatcatcher (e.g., nests and an appropriate buffer will be flagged by the biologist and avoided by the maintenance work). 2. The project applicant shall temporarily fence (with silt barriers) the limits of project impacts (including construction staging areas and access routes) to prevent additional sensitive habitat impacts and prevent the spread of silt from the construction zone into adjacent habitats to be avoided. Fencing shall be installed in a manner that does not impact habitats to be avoided. The applicant shall submit to the Wildlife Agencies for approval, at least 30 days prior to initialing project impacts, the final plans and photographs for initial clearing and grubbing of sensitive habitat and project construction. These final plans shall include photographs that show the fenced limits of impact and all areas (including riparian/wetland or coastal sage scrub) to be impacted or avoided. If work occurs beyond the fenced or demarcated limits of impact, all work shall cease until the problem has been remedied to the satisfaction of the Wildlife Agencies. Any upland habitat impacts that occur beyond the approved fenced shall be mitigated at a minimum II! IgJ UUO Mr. Don Neu (FWS-SDG-5133.1) Enclosure, Page 3 5:1 ratio. Temporary construction fencing shall be removed upon project completion. 3. Impacts from fugitive dust will be avoided and minimized through watering and other appropriate measures. 4. The clearing and grubbing of, and construction adjacent to, sensitive habitats shall occur outside of the gnatcatcher breeding season (February 15 to August 31, or sooner if a qualified biologist demonstrates to the satisfaction of the Wildlife Agencies that all nesting is complete). 5. If project construction (other than clearing and grubbing of sensitive habitats) is necessary adjacent to preserved on and offsite habitat during the bird breeding season (February 15 to August 31, or sooner if a qualified biologist demonstrates to the satisfaction of the Wildlife Agencies that all nesting is complete), a qualified biologist shall conduct pre- construction surveys in the adjacent habitat to determine the location of any active bird nests in the area, including raptors and ground nesting birds. The survey should begin not more than three days prior to the beginning of construction activities. The Wildlife Agencies will be notified if any nesting birds are found. During construction, no activity shall occur within 300 feet of active nesting territories (500 feet for raptors or listed species), unless measures are implemented to minimize the noise and disturbance to those adjacent birds. Exceptions to this measure includes cases where surveys confirm that adjacent habitat is not occupied or where noise studies confirm that construction noise levels are below 60 dBA hourly Leq along the edge of adjacent habitat. If construction activities are not completed prior to the breeding season and noise levels exceed this threshold, noise barriers shall be erected to reduce noise impacts to occupied habitat to below 60 dBA hourly Leq and/or the culpable activities shall be suspended. 6. A monitoring biologist approved by the Wildlife Agencies shall be onsite during: a) initial clearing and grubbing of gnatcatcher habitat; and b) project construction within 500 feet of preserved habitat to ensure compliance with all conservation measures. The biologist must be knowledgeable of gnatcatcher biology and ecology. The applicant shall submit the biologist's name, address, telephone number, and work schedule on the project to the Wildlife Agencies at least 30 days prior to initiating project impacts. The biologist shall perform the following duties: a. Ensure that clearing and grubbing of CSS is done above ground in a way that precludes potential gnatcatcher nesting but does not cause soil and/or root disturbance. b. Perform a minimum of three focused surveys, on separate days, to determine the presence of gnatcatchers in the project impact footprint outside the gnatcatcher breeding season. Surveys will begin a maximum of seven days prior to performing vegetation clearing/grubbing and one survey will be conducted the day immediately prior to the initiation of remaining work. If any gnatcatchers are found within the project impact footprint, the biologist will direct construction personnel to begin vegetatioi clearing/grubbing in an area away from the 119 uo nan. AIM; Mr. Don Neu (FWS-SDG-5133.1) Enclosure, Page 4 gnatcatchers. In addition, the biologist will walk ahead of clearing/grubbing equipment to flush birds towards areas of CSS to be avoided. It will be the responsibility of the biologist to ensure that gnatcatchers will not be injured or killed by vegetation clearing/grubbing. The biologist will also record the number and location of gnatcatchers disturbed by vegetation clearing/grubbing. The applicant will notify the Wildlife Agencies at least seven days prior to vegetation clearing/grubbing to allow the Wildlife Agencies to coordinate with the biologist on bird flushing activities; c. Perform a minimum of three focused surveys, on separate days, to determine the presence of gnatcatchers, nest building activities, egg incubation activities, or brood rearing activities in or within 500 feet of the project impact limits of any vegetation clearing/grubbing or project construction proposed within the gnatcatcher breeding season. The surveys will begin a maximum of seven days prior to vegetation clearing/grubbing or project construction and one survey will be conducted the day immediately prior to the initiation of work. Additional surveys will be done once a week during project construction in the breeding season. These additional surveys may be suspended as approved by the Wildlife Agencies. The applicant will notify the Wildlife Agencies at least seven days prior to the initiation of surveys, and within 24 hours of locating any gnatcatchers. d. If a gnatcatcher nest is found in or within 500 feet of initial vegetation clearing/grubbing or project construction, the biologist will postpone work within 500 feet of the nest and contact the Wildlife Agencies to discuss: 1) the best approach to avoid/minimize impacts to nesting birds (e.g., sound walls); and 2) a nest monitoring program acceptable to the Wildlife Agencies. Subsequent to these discussions, work may be initiated subject to implementation of the agreed upon avoidance/minimization approach and nest monitoring program. Nest success or failure will be established by regular and frequent trips to the site, as determined by the biologist and through a schedule approved by the Wildlife Agencies. The biologist will determine whether bird activity is being disrupted. If the biologist determines that bird activity is being disrupted, the applicant wiD stop work and coordinate with the Wildlife Agencies to review the avoidance/minimization approach. Coordination between the applicant and Wildlife Agencies to review the avoidance/minimization approach will occur within 48 hours. Upon agreement as to the necessary revisions to the avoidance/minimization approach, work may resume subject to the revisions and continued nest monitoring. Nest monitoring will continue until fledglings have dispersed or the nest has been determined to be a failure, as approved by the Wildlife Agencies;. e. Be on site during all vegetation clearing/grubbing and project construction in sensitive habitat to be impacted or within 500 feet of sensitive habitat to be avoided; Mr. Don Neu (FWS-SDG-5133.1) Enclosure, Page 5 f. Oversee installation of and inspect the fencing and erosion control measures within or up-slope of CSS restoration and/or preservation areas a minimum of once per week and daily during all rain events to ensure that any breaks in the fence or erosion control measures are repaired immediately; g. Periodically monitor the work area to ensure that work activities do not generate excessive amounts of dust; h. Train all contractors and construction personnel on the biological resources associated with this project and ensure that training is implemented by construction personnel. At a minimum, training will include: 1) the purpose for resource protection; 2) a description of the gnatcatcher and its/their habitat(s); 3) the conservation measures given in the MND that should be implemented during project construction to conserve the gnatcatcher, including strictly limiting activities, vehicles, equipment, and construction materials to the fenced project footprint to avoid sensitive resource areas in the field (i.e., avoided areas delineated on maps or on the project site by fencing); 4) environmentally responsible construction practices as outlined in measure 8; 5) the protocol to resolve conflicts that may arise at any time during the construction process; 6) the general provisions of the Act, the need to adhere to the provisions of the Act, the penalties associated with violating the Act; i. Halt work, if necessary, and confer with the Wildlife Agencies to ensure the proper implementation of species and habitat protection measures. The biologist will report any violation to the Wildlife Agencies within 24 hours of its occurrence; j. Submit weekly letter reports (including photographs of impact areas) to the Wildlife Agencies during clearing of sensitive and/or project construction within 500 feet of avoided habitat. The weekly reports will document that authorized impacts were not exceeded, work did not occur within the 500-foot setback except as approved by the Wildlife Agencies, and general compliance with all conditions. The reports will also outline the duration of gnatcatcher monitoring, the location of construction activities, the type of construction which occurred, and equipment used. These reports will specify numbers, locations, and sex of gnatcatchers (if present), observed gnatcatcher behavior (especially in relation to construction activities), and remedial measures employed to avoid, minimize, and mitigate impacts to gnatcatchers. Raw field notes should be available upon request by the Wildlife Agencies; and k. Submit a final report to the Wildlife Agencies within 60 days of project completion that includes: as-built construction drawings with an overlay of habitat that was impacted and avoided, photographs of habitat areas that were to be avoided, and other relevant summary information documenting that authorized impacts were not exceeded and that general compliance with all conditions of this Mr.DonNeu(FWS-SDG-5133.1) Enclosure, Page 6 MND was achieved. 7. The applicant shall ensure that the following conditions are implemented during project construction: a. Employees shall strictly limit their activities, vehicles, equipment, and construction materials to the fenced project footprint; b. To avoid attracting predators of the gnatcatcher, the project site shall be kept as clean of debris as possible. All food related trash items shall be enclosed in sealed containers and regularly removed from the site; c. Pets of project personnel shall not be allowed on the project site; d. Disposal or temporary placement of excess fill, brush or other debris shall not be allowed in waters of the United States or their banks; e. All equipment maintenance, staging, and dispensing of fuel, oil, coolant, or any other such activities shall occur in designated areas outside of waters of the United States within the fenced project impact limits. These designated areas shall be located in previously compacted and disturbed areas to the maximum extent practicable in such a manner as to prevent any runoff from entering waters of the United States, and shall be shown on the construction plans. Fueling of equipment shall take place within existing paved areas greater than 100 feet from waters of the United States. Contractor equipment shall be checked for leaks prior to operation and repaired as necessary. "No-fueling zones" shall be designated on construction plans. 8. The applicant shall post a performance bond or letter of credit for grading, planting, irrigation, and 5 years of maintenance and monitoring of for wetland/riparian and upland mitigation (including a 20% contingency to be added to the total costs). This bond or letter of credit is to guarantee the successful implementation of the CSS mitigation construction, maintenance and monitoring. The applicant shall submit a draft bond or letter of credit with an itemized cost list to the Wildlife Agencies for approval at least 30 days prior to initiating project impacts. The applicant shall submit the final bond or letter of credit for the amount approved by the Agencies within 60 days of receiving Wildlife Agency approval of the draft bond. 9. The project applicant shall execute and record a perpetual biological conservation easement over the approximately 4.63 acres to be avoided/preserved on- or off-site (including any creation/restoration/enhancement areas) by the project. The easement shall follow the Service's template easement and be in favor of an agent approved by the Wildlife Agencies. The Wildlife Agencies shall be named as third party beneficiaries. The easement shall be approved by the Wildlife Agencies prior to its execution. There should be no active trails in the easement areas. The project applicant shall submit a draft easement to the Wildlife Agencies for review and approval at least 30 days prior to /as 1' A OU J1J.11/ It J. J Mr. Don Neu (FWS-SDG-5133.1) Enclosure, Page 7 initiating project impacts. The project applicant shall submit the final easement and evidence of its recordation to the Wildlife Agencies within 60 days of receiving approval of the draft easement. 10. The applicant shall prepare and implement a perpetual management, maintenance and monitoring plan for all on- or off-site biological conservation easement areas. The applicant shall also establish a non-wasting endowment for an amount approved by the Wildlife Agencies based on a Property Analysis. Record (PAR) (Center for Natural Lands Management ©1998) or similar cost estimation method to secure the ongoing funding for the perpetual management, maintenance and monitoring of the biological conservation easement area by an agency, non-profit organization, or other entity approved by the Wildlife Agencies. The applicant shall submit a draft plan including: 1) a description of perpetual management, maintenance and monitoring actions and the PAR or other cost estimation results for the non-wasting endowment; 2) proposed land manager's name, qualifications, business address, and contact information, to the Wildlife Agencies for approval at least 30 days prior to initiating project impacts. The applicant shall submit the final plan to the Wildlife Agencies and a contract with the approved land manager, as well as transfer the funds for the non-wasting endowment to a non-profit conservation entity, within 60 days of receiving approval of the draft plan. 11. The applicant shall install permanent protective fencing along any interface with developed areas and/or use other measures approved by the Wildlife Agencies to deter human and pet entrance into on- or off-site habitat. Fencing should have no gates and be designed to prevent intrusion by domestic animals. Signage for the biological conservation easement area shall be posted and maintained at conspicuous locations. Plans for fencing and/or other preventative measures shall be submitted to the Wildlife Agencies for approval at least 30 days prior to initiating project impacts. 12. The applicant shall ensure that development landscaping adjacent to on- or off-site habitat does not include exotic plant species that may be invasive to native habitats. Exotic plant species not to be used include any species listed on the California Invasive Plant Council's (Cal-IPC) "Invasive Plant Inventory" List. This list includes such species as pepper trees, pampas grass, fountain grass, ice plant, myoporum, black locust, capeweed, tree of heaven, periwinkle, sweet alyssum, English ivy, French broom, Scotch broom, and Spanish broom. A copy of the complete list can be obtained from Cal-IPC's web site at http://www.cal-ipc.org. In addition, landscaping should not use plants that require intensive irrigation, fertilizers, or pesticides adjacent to preserve areas and water runoff from landscaped areas should be directed away from the biological conservation easement area and contained and/or treated within the development footprint. The applicant shall submit a draft list of species to be included in the landscaping to the Wildlife Agencies for approval atjleast 30 days prior to initiating project impacts. The applicant shall submit to the Wildlife Agencies the final list of species to be included in the landscaping within 30 days of jreceiving approval of the draft list of species. 13. The applicant shall ensure that development lighting adjacent to all on- or off-site habitat shall be directed away from and/or shielded so as not to illuminate native habitats. The to/ tuuu it.iv TAA / uotGj.a»u£ ua riaU Aliu TTiLi;L,iril Mr. Don Neu (FWS-SDG-5133.1) Enclosure, Page 8 applicant shall submit a lighting plan to the Wildlife Agencies at least 30 days prior to initiating project impacts. 14. If night work is necessary, night lighting shall be of the lowest illumination necessary for human safety, selectively placed, shielded and directed away from natural habitats. 15. Any planting stock to be brought onto the project site for landscape or habitat creation/restoration/enhancement shall be first inspected by a qualified pest inspector to ensure it is free of pest species that could invade natural areas, including but not limited to, Argentine ants (Iridomyrmex humil), fire ants (Solenopsis invicta) and other insect pests. Any planting stock found to be infested with such pests shall not be allowed on the project site or within 300 feet of natural habitats unless documentation is provided to the Wildlife Agencies that these pests already occur in natural areas around the project site. The stock shall be quarantined, treated, or disposed of according to best management principles by qualified experts in a manner that precludes invasions into natural habitats. The applicant shall ensure that all temporary irrigation will be for the shortest duration possible, and that no permanent irrigation will be used, for landscape or habitat creation/restoration/enhancement. City of Carlsbad Planning Department December 21, 2006 Therese O'Rourke U.S. Fish and Wildlife Service Carlsbad Fish and Wildlife Office 6010 Hidden Valley Road Carlsbad, CA 92011 RE: FWS-SDG-5133.1 (La Costa Glen Corporate Center) Dear Ms O'Rourke: Thank you for your correspondence regarding the La Costa Glen Corporate Center Project. With regard to the specific items and issues identified in the December 20 letter, the following is a response to each comment raised by the Fish and Wildlife.Service. 1. The MND indicates that a 40-ft minimum fire suppression zone will be provided between habitable structures and preserved biological resources, and that these areas are not included within the open space preserve area. The MND also indicates that the Carlsbad Fire Department supports a reduced fire suppression zone (from 60 ft) due to extensive use of fire retardant building materials and building design. Please provide the Wildlife Agencies with a statement from the Carlsbad Fire Department that approves this reduction. Response: The City of Carlsbad Fire Department has been active in the review of this project and has approved a fire suppression zone of 40 feet for this project, as shown on the development proposal. The Fire Department has included a condition of approval for the project which states "Building side(s) that face Fire Suppression Zones that are less than sixty (60) feet in width must be provided with no less than one-hour fire resistive construction as defined in the California Building Code." If you still require a letter form the Fire Marshall, please let me know and I will ensure that you receive it. 2. Figure 3 in the Preliminary Biological Assessment shows a narrow band of CSS that surrounds the development that is designated as either "20' buffer impacted areas" or "Zone 3 Fuel Mod". While the MND indicates a 40 foot minimum fire suppression zone, this map only shows a 20 foot buffer from the impact area. Please clarify whether the fuel management activities will occur in this 20 foot buffer, where the remaining 20 feet of the fire suppression zone is, and describe what fuel modification activities will occur in Zone 3. Response: There is a minimum of 40' of fire suppression between the proposed building and the property line. 20' of the fire suppression zone does occur within the 20' habitat buffer. Fuel management activities will occur within the 20' foot habitat buffer. They include thinning and/or revegetation. The 20' habitat buffer in which fuel 1635 Faraday Avenue • Carlsbad, CA 92008-7314 » (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us management activities will occur has been categorized as impacted and will therefore be mitigated. 3. Figure 4 in the Preliminary Biological Assessment indicates that a total 2.67 acre area, including 2.04 acres of CSS, will be preserved in Conservation Easement Areas A and B, while item 4 In section 9.0, Summary of Project Mitigation, indicates that while the applicant will avoid impacts to 2.00 acres of CSS on-site, a conservation easement will be placed over a minimum of 0.98 acres of CSS onsite. Please clarify whether the conservation easement will cover the entire 2.67 acre area, including 2.04 acres or 0.98 acres of CSS onsite. If only 0.98 acres of the CSS will be placed under a conservation easement, please explain why the remaining 1.04 acres will not be conserved in this manner as well. Response: The proposed conservation easements will in fact preserve a total of 2.67 acres, including 2.04 acres of CSS. The Summary of Project Mitigation from the Preliminary Biological Assessment has mistakenly called out the wrong conservation easement calculations. Figure 4 of the Preliminary Biological Assessment gives the correct breakdown of the proposed conservation easements. 4. The MND acknowledges that three narrow-endemic species have the potential to occur on-site that would not necessarily have been observed when the rare-plant survey was conducted. These species include thread-leaf brodiaea, Orcutts's brodiaea, and San Diego goldenstar. Please provide the Wildlife Agencies with the results of follow-up rare plant surveys that should be conducted to detect these plants. The project should salvage and transplant any narrow-endemics found within the impact area, according to a plan approved by the Wildlife Agencies prior to initiating project impacts. Response: The City of Carlsbad has placed the following condition on the project: Three narrow-endemic species have the potential to occur on site: Thread-leaf brodiaea, Orcutt's brodiaea, and San Diego Goldenstar. In order to conclusively determine the presence or absence of these species, a follow-up survey shall be required to occur in May, prior to issuance of grading permits for the project. If future investigations determine that any of these three species occur on site, the following conservation measures will be required: a. All individuals occurring on Lot 5 within areas not proposed for development will be conserved. b. If less than 20% of the narrow endemic population (occurring on Lot 5) is impacted, no additional mitigation measures will be required other than conservation of the non-impacted individuals, pursuant to the HMP requirements of "conservation of at least 80% of the narrow endemic population". c. If it is determined that more than 20% of the individuals will be impacted, all individuals in areas to be impacted will be transplanted to a suitable site within the Green Valley Master Plan area. A mitigation program will be prepared by a qualified biologist and must be approved by the City of Carlsbad prior to grading of the site. 5. Adjacency standards reviewed in the MND indicate that brown-headed cowbirds associated with Lot 5 will be monitored. Further, the Preliminary Biological Assessment indicates that these birds were observed on-site. Please provide more detail on the proposed cowbird monitoring program, and describe additional measures that will be taken to control cowbird populations adjacent to preserved habitat, as mentioned in Mitigation Measure 7.a (i.e., will cowbird traps be placed in edge habitat, how many traps will be used, how long will the traps be in place, etc.). Response: Brown-headed cowbirds are a native component of Southern California avifauna. The cowbirds reproductive strategy of nest parasitism can be a threat to sensitive avian species, specifically least Bell's vireos and Southern willow flycatchers. In instances where cowbirds and these two host species are both present it may be necessary to remove cowbirds to promote the long term viability of vireo and flycatcher populations. The need for and design of a cowbird trapping program will be determined following the U.S. Department of the Interior's Brown-headed Cowbird Management Techniques Manual. This manual recommends the following protocol. 1. Pre-Control evaluation to determine cowbird, least Bell's vireo and Southern willow flycatcher population levels. 2. Evaluate local conditions to identify threats to host species. 3. Determine if cowbirds are a threat to the host species at the specific project location. 4. Define the objective of a successful cowbird control program. 5. Define a trapping protocol that includes timing and duration of the program, as well as design, number and location of the traps. The trapping protocol must also describe the frequency of trap servicing and the method of euthanasia. 6. A successful cowbird control program must also include data collection to support quantifiable measure of the success of the program. A full cowbird control program will be developed if the pre-control evaluation documents the presence of least Bell's vireo or Southern willow flycatchers in the riparian habitat adjacent to Lot 5 of the La Costa Glen development. 6. Figure 4 of the Preliminary Biological Assessment shows a water easement crossing the northeast corner of the property in Conservation Easement Area B. Please provide information on what types of activities may potentially occur in the water easement and how access to this easement would be achieved should maintenance activities be necessary. Response: The water easement will be accessed from either the eastern corner of the proposed parking lot or from the nearby La Costa Glen health center parking lot. The water easement is existing and has always run underneath portions of habitat onsite. No change to this is proposed. 7. Mitigation for impacts to CSS will occur through off-site CSS creation, restoration, and enhancement in 9 plots within or adjacent to the Green Valley open space preserve (with the exception of plot 8, which is located outside of the preserve area adjacent to El Camino Real). Five of the plots (including plot 8) currently exist as uniform stands of NNG, which can function as raptor foraging habitat. Please provide a vegetation map that shows vegetation types adjacent to these plots. While the Wildlife Agencies would support revegetation of isolated NNG patches to CSS, if the proposed plots of NNG are contiguous with a large area of NNG, impacts to 1.16 acres of NNG from conversion to CSS would have to be mitigated at a 0.5:1 ratio. Response: Proposed plots of NNG are not adjacent to other large areas of NNG. Less than 1 acre of NNG will remain on the 286 acre Green Valley property after the revegetation of 1.96 acres of NNG to CSS. The remaining non-developed areas of the site currently support native habitats. 8. Plot 8 is proposed to provide 0.35 acres of CSS habitat creation, but is not located within or adjacent to the Green Valley open space preserve according to Figure 5 in the Preliminary Biological Assessment. Please provide an explanation for including plot 8 in the mitigation plan for impacts to CSS, or a correction indicating that plot 8 is in fact part of the open space preserve. Response: Plot 8 occurs in a conservation easement area established in 1998 at the time of the Green Valley Master Plan approval. 9. The Preliminary Biological Assessment indicates that the brush managed revegetation habitat provides some natural habitat value, but will be treated as if it were ornamental vegetation. While it is acknowledged that several CSS species have been omitted from the brush management mix (e.g., California sage brush, black sage, flat top buckwheat, laurel sumac, and lemonadeberry, please provide the vegetation composition of this habitat type. Response: Fire suppression revegetation plots will be irrigated, and installed with containers and hydroseed. The following species shall be installed from one gallon containers located at 5-8 ft. o.c: Baccharis pilularis Coyote brush Harzardia squarrosa Saw-tooth Goldenbush Helianthemum scoparium Rush Rose Mimulus aurantiacus Red Monkeyflower Opunita littoralis Coast prickly pear Yucca schidigera Mohave yucca Hydroseed Installation: The hydraulic application shall consist of a of a slurry mixture of water, seed, fertilizer, organic soil stabilizer and mulch. The mix specified below may be amended by the restoration ecologist if necessary. For bid purposes, the hydroseed application will consist of following materials to be applied in a one step application: 2000 Ibs/acre Cellulose Wood Fiber 100 Ibs/acre Gaur (J3000 by Ranteck), Organic Soil Binder or equal 300 Ibs. 15-15-15 Seed mix as specified Coastal Sage Scrub Fire Suppression Section 3 % Pur/Germ Ibs/acre latin name _ common name _ 98 70 0.5 Eriophyllum confertiflorum Golden yarrow 2 40 1 Baccharis pilularis Chaparral broom 40 60 3 Encelia californica Bush sunflower 10 25 2 Gnaphalium californicum California everlasting 20 40 3 Harzardia squarrosa Saw-tooth goldenbush 20 40 2 Isocoma menziesii Coast Goldenbush 90 60 2 Lotus scoparius Deerweed 98 80 2 Lupinus bicolor Pigmy-leaf lupine 5 70 1 Mimulus aurantiacus Sticky monkey flower 98 75 _ 20 _ Plantago insularis _ Plantago _ 36.5 Total pounds per acre Additionally, I will include a condition of approval for the project to require the developer to comply with and incorporate into the project, the Recommended Conditions for the La Costa Glen Corporate Center, provided as an Enclosure to your letter dated December 20, 2006. Thank you for your assistance with the planning of this project. Sincerely, BARBARA KENNEDY, AICP Associate Planner /a? fe; §«, | H ^ *I J!! ! l^'m &• s s^ dq c/j § ^ 8 ^3^0 ! !,l-l i r : : : ,i. I • t i 1 li ! * ; I : 1 : !i 111,t ' !i ! ;' I : : ! «' i .; 1 i HI J;!; s*s M i i ' si 1 i : : i • MSB '! • ' ' ' 8 ' ' 111 $ : : : Jit t!fi 4i • :t : :» J :l 3 3 SlJ IP • *i iis l i -IBO , .*> a; a; n, c^ til tt ! si to i!!1 in »§.ii s !! B T \\r\ oooac-ooooc- o ooo oSIT* to t-J — O i i 131, 1 -, \l t**>.~** "T£H**r **- •*• I" T "• "^ ^» -^-3^-r--T\ > • •• \JSf?3:»™.»«<r*H.>«*J» •- -v V-'\fe*.*tii*-S'»I**5>/*»*lf•*»*<>; > ;\f i' h;\ '. iVU-^i'iq^Sri9,'«/Mi».'»-i.A.ilJ.»'i' ' '.! S IS M si fj j ij i is ss| so I i! h !»j iij jj ||| s !©0©@ ©© © © © Mbiisgt- l! B5«,Si!i 13 S II.. *»* 9 3 oz F ULlill! u § s •"*if j E KKf. S S EC l!* s;i I! iisSilSiiiiSziiii sd • I •?•a liiS * * * 5s (SD| 56 Si Si 1«5 ill li U5 s li, * % 8 gS 3 a & 6 S II NH , pi. i Mi ^ ® ili § *iii8i!* isd-< ag Hi *ZJ«SaSs* |3 i? aij; *§ i iil £ ili» 1s P6«1 lil s II ^"OOfVlE*Ts ° tu o>'§"§0.2 PS-in* K»S»; tPlSsi:i lip !iis 5olu8 IKSI Uiisi I |o IS m LJJO LL.LL. O •Z. UJ <_J •£ CDS ^§ §iO co UJ <75 3a:5 oF 3 i £|5 o 2 oi_ u_1 fe LU U .. * D55 ill in 1!!!© © © © ® ® Q.Z CD Q 15 CD LU O LL. Ll_ O LIJ< © OXO 13 fLIsL SS. EH © ® CD Q_j ID CO LU O!u_u_ 10 ©© © O O O oo a o I ij ?• £ H si ie!»*. 0 ©0 i| Q-Z CD LLJ ^O LL. U- O "Z.iLLJ < 2 5s ULJ <• ~» zg ^^ 1_! oSu_ j<ir~~ o COQ-0<slogW5 -. fCl 5!3§ i I I !H 3I Sfi» sI si: LJJ OLU B B S 3 S 0 0 BIS @ S a EH-aSidsrsi IPsnil SS 5Q_ LU CO LUO. SCOQ coi LLJ§ JJ fea '= a - Q LU O LU_l LU LUa: § I 5 £ 0 O O CL LU LUor LU Q.s C/D Q mi LUo of « I * ft ft 5 = iLLICD111 LU 1 LJJQ. <otoQ2 I x! 1 iti| fjjjjj p |i s B ills »!i P el ?iaa !=1 53 I I » i: s * i it '' ,Si,sfiftllil:II^Il"iKII S-" ==r=x-.^—^—-s-=s= •-'=—sW^-i''/*"* "^ x ''• '•'il '«''=2?— —— ^lim^-XV.^ " " -• I LJJ CO O O LJJS LLJ Z OM LLJ 0. CO Q coi LLlg J1^ to•slPla.!iiiUJJ] a irlii |!ih:S*IJ tt I fI i p i*»1| tj 111 i! .1 =I j Jli I, LUC3LU_j CQ o:I CO Illfll J<ii>j:jliitJJ?|! ^ Ji!?i!!!i!i Iliil I! Qz: LU CDLU LLJDL CO Q § CQ : UJo o|CO oo UJOa UJ N UJQ.<uCOQ2 i I ?S »g < Q_ oLU O. LU DC LL_ LLlg of O Planning Commission Minutes January 3, 2007 lc "" Page 9 4. GPA 06-02/MP 92-01 fBVLCPA 06-01/HMPP 06-11/SDP 05-16/HDP 05-117 CDP 05-51 - LA COSTA GLEN CORPORATE CENTER - Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; a request for a recommendation of approval of a General Plan Amendment, Master Plan Amendment, Local Coastal Program Amendment, Habitat Management Plan Permit, Hillside Development Permit and Coastal Development Permit; and a request for approval of a Site Development Plan for the subdivision of 7.82 acres of land into two commercial lots and two open space lots, including the grading and construction of a 21 ,904-square-foot office building located within Planning Area 2 of the Green Valley Master Plan on property generally located northwest of Calle Barcelona, west of El Camino Real, and north of Leucadia Boulevard on property located in the P-C zone in Local Facilities Management Zone 23. Mr. Neu introduced Agenda Item 4 and stated Associate Planner Barbara Kennedy would make the Staff presentation assisted by Associate Engineer Chris Scobba. Commissioner Douglas stated due to a conflict of interest she would recuse herself from Item 4. Chairperson Montgomery opened the Public Hearing on Item 4. Ms. Kennedy gave a brief presentation and stated Staff would be available to answer any questions. Chairperson Montgomery asked if there would be a left-turn pocket at the ingress and egress point to allow for right-in left-in. Ms. Kennedy confirmed that left turns would be allowed and there was not a center median in the street.. Chairperson Montgomery stated his concern for grading operations adjacent to The Forum during the Holiday season of 2007. He added there have been traffic problems in that area as a result of construction during the high-traffic period at year's end. He stated he would like to avoid a repeat of that situation. Ms. Kennedy stated the applicant can address the anticipated start date of the project. She added this project is required to appear before City Council and the California Coastal Commission, so it could be some time before grading plans could be submitted to the City for approval. Chairperson Montgomery asked if the temporary parking near the site is currently being utilized by The Forum as overflow parking. Ms. Kennedy stated she believes it is only being used for overflow parking, but the applicant might answer that question more conclusively. Commissioner Dominguez asked Ms. Kennedy to display the perimeter map and point out the location of the retaining walls. Ms. Kennedy stated there is a retaining wall located at the base of the slope on the lower pad and one along the edge of the driveway. She added the applicant had originally presented plans with a 12-foot-high retaining wall. Staff requested that the applicant redesign these walls to a lower height and stepped in appearance. Commissioner Dominguez asked if any of the retaining walls would intrude into the HMP. Ms. Kennedy stated none would. Commissioner Baker asked if the lower pad would come back before the Planning Commission when it is developed or would that be an administrative decision. Ms. Kennedy stated there would be a Coastal Development Permit at a minimum. She added she would need to review the Green Valley Master Plan to determine if there were any other discretionary actions needed. She stated that the project would not be subjected to the level of review that is being conducted at this hearing. Planning Commission Minutes January 3, 2007 Page 10 Commissioner Baker asked if the project would come back under a Site Development Plan or a Coastal Development Permit. Ms. Kennedy stated her belief that it would be a Site Development Plan and a Coastal Development Permit that would come back before the Commission for review. Commissioner Baker asked if there are time frames established for development. Ms. Kennedy stated the vacant lot is not subject to any time frames for development, it could be sold or plans could be submitted for development at any time. Commissioner Dominguez asked if Staff is aware of any plans for the vacant pad in the interim period prior to development. Ms. Kennedy stated the applicant would address that question. Chairperson Montgomery asked if there were any further questions of Staff; seeing none he asked the applicant to come forward and give a presentation. Rick Aschenbrenner, Chief Executive, Continuing Life Communities LLC, 1940 Levante Street, Carlsbad, gave a brief presentation and stated he would be available to answer any questions. He added the projects Planner Paul Klukas, Civil Engineer George O'Day, and Architect Dennis Warington were also present to answer any technical questions. Commissioner Segall asked if the overflow parking is from The Forum or from the La Costa Glen Retirement project. Mr. Aschenbrenner stated his belief that it is from the health center, but it is un- policed and during peak periods there is probably overflow parking from The Forum. He added he is not entirely sure. Chairperson Montgomery asked if the applicant has any issue with a prohibition of grading on the site during the holiday shopping season. Mr. Aschenbrenner asked what that specifically means and added the intent is to begin grading in August and that would be completed within one month. Mr. Neu recalled an unrelated permit issued to Leucadia Water District to install a pipeline along El Camino Real. If the Commission has concerns similar to concerns involving this past activity, where there were impacts to the roadway and a limited number of open lanes during the peak shopping season, the Commission could focus their requirements on the impacts to the public right-of-way. It could be possible to allow grading to continue onsite, but road construction could be limited during the period beginning the day after Thanksgiving and ending sometime near the end of the year. Chairperson Montgomery stated that is the intent. Obviously the grading operations would stay onsite, but there wouldn't be any implications to what would be happening in the right-of-way. Mr. Aschenbrenner stated if grading were occurring on the hill it would be nearly entirely up above and the equipment would be contained up there. He added there would be no impact to traffic and stated the street tie-ins would be an activity that would impact the right-of-way. Chairperson Montgomery asked if there were any further questions of the applicant. Seeing none, he asked if there were any members of the audience who wished to speak on Agenda Item 4; seeing none, he closed public testimony. MOTION ACTION: Motion by Commissioner Baker, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6213 recommending adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and adopt Planning Commission Resolutions No. 6214, 6215, 6216, 6217, 6219, and 6220 recommending approval of GPA 06-02, MP 92-01 (B), LCPA 06-01, HMPP 06-11, HDP 05-11, and CDP 05-51; and adopt Planning Commission Resolution No. 6218 approving SDP 05-16, based on the findings and subject to the conditions contained therein and to restrict utilities and access improvements Planning Commission Minutes January 3, 2007 Page 11 and/or tie-ins on Calle Barcelona from Black Friday, the day after Thanksgiving until January 2. VOTE: 6-0-1 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Segall, and Whitton NOES: None ABSTAIN: Commissioner Douglas PROOF OF PUBLICATION (2010& 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of North County Times This space is for the County Clerk's Filing Stamp Proof of Publication of 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: February 10th ,2007 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 12th, Day of February, 2007 Signature Jane Allshouse NORTH COUNTY TIMES Legal Advertising NOTtCfeOF PUBLIC HEARING i HEREBY GIVEN to you that the. l of the City of Carlsbad will hold_ . hearing at the Council Chambers.1200 Carlsbad Village Drive, Carlsbad, California, at6:00 p.m. on Tuesday. February 20, 2007, to con-sider adoption of a Mitigated Negative Declarationand Mitigation Monitoring and Reporting Program,ment, Master Plan lots and two open space lots, inclu the .gradingoffice builcFKJlO ailU LW*J \JUVlt 3UCUfQ I via, iirwiuuiiiM uiw-yiawniyand construction of a 21 ,904 square fool office build-ing located within Planning Area 2 of the GreenValley Master Plan on property generally locatednorthwest of Calle Barcelona, west of El Cammo Re-al, and north of ' ------ "- b~11' ----- -1 -------- '••located in the Pment Zone 23 ai Portions of Lot 5 and Lot 10 of City of Carlsbad Tractn Valley, in the City of Carlsbad,of Califo-' ..... ~"~ ..... DarcBluna, wws. _. — _ -of Leucadia Boulevard on'-C zone in Local Facilities Manage-ind more particularly described as: No. 92-08 Green- of Santhereof No.recorder of ersons wishing to speak on this prinvited to attend the public hearingenda bill wffl be avaifoble on and "Thosecordiall ruarv 16720077"'tTybu'have any questions, pleasecall Barbara Kennedy in the Planning Department at(760) 602-4626. ;ed Negative Declarationid Report Program. Gen-n rtmenum«ni, waster Plan Amendment,jastal Program Amendment, Habitat Man-t Plan Permit. Hillside Development Permit,Coastal Development in court, you may be and Cffi , Carlsbad, CA 92006, at or pripr to the CASE FILE: LA COSTA GLEN CORPORATECENTER CASE NAME: GPA 06-02/MP 92-01(B)/LCPA 06-01/HMPP 06-11/HDP 05-11/CDP 05-51 PUBLISH: FEBRUARY 10, 2007 NCT 2026438 CITY OF CARLSBADCITY COUNCIL 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 adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, approval of a General Plan Amendment, Master Plan Amendment, Local Coastal Program Amendment, Habitat Management Plan Permit, Hillside Development Permit and Coastal Development Permit for the subdivision of 7.82 acres of land into two commercial lots and two open space lots, including the grading and construction of a 21,904 square foot office building located within Planning Area 2 of the Green Valley Master Plan on property generally located northwest of Calle Barcelona, west of El Camino Real, and north of Leucadia Boulevard on property located in the P-C zone in Local Facilities Management Zone 23 and more particularly described as: Portions of Lot 5 and Lot 10 of City of Carlsbad Tract No. 92-08 Green Valley, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13997, as filed in the Office of the County recorder of San Diego County, July 10, 2000. 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 Barbara Kennedy in the Planning Department at (760) 602-4626. If you challenge the Mitigated Negative Declaration and Mitigation Monitoring and Report Program, General Plan Amendment, Master Plan Amendment, Local Coastal Program Amendment, Habitat Management Plan Permit, Hillside Development Permit, and/or Coastal Development 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: LA COSTA GLEN CORPORATE CENTER CASE NAME: GPA 06-02/MP 92-01(B)/LCPA 06-01/HMPP 06-11/HDP 05-11/CDP 05- 51 PUBLISH: {DATE} CITY OF CARLSBAD CITY COUNCIL NOT TO SCALE SITEMAP La Costa Glen Corporate Center GPA 06-02/MP 92-01 (B)/LCPA 06-017 HMPP 06-11/CDP 05-51/HDP 05-11 Jam and Smudge Free Printing Use Avery® TEMPLATE 5160® www.avery.com 1-800-GO-AVERY AVERY® 5160® CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN MARCOS SCHOOL DIST STE 250 255 PICO AVE SAN MARCOS CA 92069 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 4949 VIEW RIDGE AVE 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 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY OF CARLSBAD RECREATION CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CHRIS SCOBBA CITY OF CARLSBAD PROJECT PLANNER BARBARA KENNEDY PLANNING SYSTEMS PAUL KLUKAS STE 100 1530 FARADAY AVE CARLSBAD CA 92008 01/16/2007 ®09LS AU3AV-OD-008-1 11 irv\'A" ta AnftiA AA AA ®09lS»ueqe6a|Z8si|nn Jam and Smudge Free Printing Use Avery® TEMPLATE 5160® BUREAU OF INDIAN AFFAIRS 2800 COTTAGE WAY SACRAMENTO CA 95825 www.avery.com 1-800-GO-AVERY BUSINESS, TRANS & HSG AGENCY STE2450 980 NINTH ST SACRAMENTO CA 95814 AVERY® 5160® CA COASTAL COMMISSION STE103 S^ 7575 MfJROTOLITAN DR SANtSiEGOCA 921084402 CANNEL ISLANDS NATL PARK SUPERINTENDENT'S OFFICE 1901 SPINNAKER DR SAN GUENA VENTURA CA 93001 ENCp 505 S VUkdAN AVE 92024EN COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 COUNTY OF SD SUPERVISOR RM335 1600 PACIFIC SAN DIEGO ca 92101 DEPT OF DEFENSE LOS ANGELES DISTENG PO BOX 2711 LOS ANGELES CA 90053 DEPT OF ENERGY STE 350 901 MARKET ST SAN FRANCISCO CA 94103 DEPT OF ENERGY STE 400 611 RYAN PLZDR ARLINGTON TX 760114005 DEPT OF FISH & GAME ENV SERV DIV PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF FOOD & AGRICULTURE AGRICULTURAL RESOURSES RM100 1220NST SACRAMENTO CA 95814 DEPT OF FORESTRY ENV COORD PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF HOUSING & URBAN DEV REG ADMIN 450 GOLDEN GATE AVE SAN FRANCISCO CA 94102 DEPT OF JUSTICE DEPTOFATTYGEN RM700 110 WEST AST SAN DIEGO CA 92101 DEPT OF TRANSPORTATION RM 5504 1120NST SACRAMENTO CA 95814 FED AVIATION ADMIN WESTERN REG PO BOX 92007 LOS ANGELES CA MARINE RESOURCES REG DR & G ENV SERVICES SPR STEJ 4665 LAMPSON AVE LOS ALAMITOS CA 907205139 OFF OF PLANNING & RESEARCH OFF OF LOCAL GOV ARRAIRS PO BOX 3044 SACRAMENTO CA 958123044 SD COUNTY PLANNING & LAND USE DEPT STE B-5 5201 RUFFIN RD SAN DIEGO CA 92123 SAN FRANCISCO BAY CONSERV & DEV COM STE 2600 50 CALIFORNIA ST SAN FRANCISCO CA 941114704 SDGE 8315 CENTURY PARK CT SAN DIEGO CA 92123 SANDAG EXEC DIRECTOR STE 800 1STINTLPLZ401BST SAN DIEGO CA 92101 STATE LANDS COMMJ£ STE 1005 MENTO CA 958258202 STATE LANDS COMMISSION STE 100 S 100 HOWE AVE SAN DIEGO CA 92123 US ARMY CORPS OF ENGINEER STE 702 333 MARKET ST SAN FRANCISCO CA 941052197 US BUREAU OF LAND MGMT STE RM W 2800 COTTAGE WY SACRAMENTO CA 95825 US BUREAU OF RECLAMATION MID PACIFIC REG 2800 COTTAGE WY SACRAMENTO CA 95825 US FISH & WILDLIFE SERVICES 2800 COTTAGE WAY STEW-2605 SACRAMENTO CA 958251888 USDA RURAL DEVELOPMENT DEPT 4169 • 430 GST DAVIS CA 95616 ®09is®AU3AV AU3AV-OD-008-1 Jam and Smudge Free Printing Use Avery® TEMPLATE 5160® www.avery.com 1-800-GO-AVERY AVERY<s WATER RESOURCES CONTROL BOARD PO BOX 100 SACRAMENTO CA 95801 ®09is ®AU3AV AH3AV-OD-008-1 11 irvvX l Jam and Smudge Free Pritrano Use Avery® TEMPLATE 5160®" www.5very.com 1-800-GO-AVERY AVERY® 5160® OPEN SPACE HOLDING LLC SUITE 100 5600 AVENIDA ENCINAS CARLSBAD CA 92008 ENCINITAS TOWN CENTER ASSOCIATES LLC SUITE 1230 515SFIGUEROA LOS ANGELES CA 920071 BORDERS INC FOURTH QUARTER PROPERTIES LLC PO BOX 131071 CARLSBAD CA 92013 CONTINUING LIFE COMMUNITIES LLC 1940 LEVANTE STREET CARLSBAD CA 92009 HOME DEPOT USA SUITE 1230 515SFIGUEROA LOS ANGELES CA 920071 ENCINITAS TOWN CENTER ASSOCIATES LLC SUITE 3036 707 WILSHIRE BLVD LOS ANGELES CA 90017 ®09kS A«3AV-O9-008-l ®09LS Jam and Smudge Free Pnnting Use Avery® TEMPLATE 5160® www.svery.com 1-800-GO-AVERY (oo* AVEHY® 5160® OCCUPANT 1901 CALLE BARCELONA CARLSBAD CA 92009 OCCUPANT SUITE 100 1905 CALLE BARCELONA CARLSBAD CA 92009 OCCUPANT SUITE 110 1905 CALLE BARCELONA CARLSBAD CA 92009 OCCUPANT SUITE 120 1905 CALLE BARCELONA CARLSBAD CA 92009 OCCUPANT SUITE 200 1905 CALLE BARCELONA CARLSBAD CA 92009 OCCUPANT SUITE 210 1905 CALLE BARCELONA CARLSBAD CA 92009 OCCUPANT SUITE 220 1905 CALLE BARCELONA CARLSBAD CA 92009 OCCUPANT SUITE 230 1905 CALLE BARCELONA CARLSBAD CA 92009 OCCUPANT SUITE 240 1905 CALLE BARCELONA CARLSBAD CA 92009 OCCUPANT SUITE 250 1905 CALLE BARCELONA CARLSBAD CA 92009 OCCUPANT SUITE 260 1905 CALLE BARCELONA CARLSBAD CA 92009 OCCUPANT SUITE 150 1911 CALLE BARCELONA CARLSBAD CA 92009 OCCUPANT SUITE 151 1911 CALLE BARCELONA CARLSBAD CA 92009 OCCUPANT SUITE 152 1911 CALLE BARCELONA CARLSBAD CA 92009 OCCUPANT SUITE 154 1911 CALLE BARCELONA CARLSBAD CA 92009 OCCUPANT 1921 CALLE BARCELONA CARLSBAD CA 92009 OCCUPANT SUITE 162 1925 CALLE BARCELONA CARLSBAD CA 92009 OCCUPANT SUITE 164 1925 CALLE BARCELONA CARLSBAD CA 92009 OCCUPANT SUITE 165 1925 CALLE BARCELONA CARLSBAD CA 92009 OCCUPANT SUITE 166 1925 CALLE BARCELONA CARLSBAD CA 92009 OCCUPANT SUITE 170 1935 CALLE BARCELONA CARLSBAD CA 92009 OCCUPANT SUITE 172 1935 CALLE BARCELONA CARLSBAD CA 92009 OCCUPANT SUITE 174 1935 CALLE BARCELONA CARLSBAD CA 92009 OCCUPANT SUITE 175 1935 CALLE BARCELONA CARLSBAD CA 92009 OCCUPANT SUITE 176 1935 CALLE BARCELONA CARLSBAD CA 92009 OCCUPANT 1950 CALLE BARCELONA CARLSBAD CA 92009 AHHAV-OD-008-I.®091S iueqe6 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 adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, approval of a General Plan Amendment, Master Plan Amendment, Local Coastal Program Amendment, Habitat Management Plan Permit, Hillside Development Permit and Coastal Development Permit for the subdivision of 7.82 acres of land into two commercial lots and two open space lots, including the grading and construction of a 21,904 square foot office building located within Planning Area 2 of the Green Valley Master Plan on property generally located northwest of Calle Barcelona, west of El Camino Real, and north of Leucadia Boulevard on property located in the P-C zone in Local Facilities Management Zone 23 and more particularly described as: Portions of Lot 5 and Lot 10 of City of Carlsbad Tract No. 92-08 Green Valley, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13997, as filed in the Office of the County recorder of San Diego County, July 10, 2000. 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 Barbara Kennedy in the Planning Department at (760) 602-4626. If you challenge the Mitigated Negative Declaration and Mitigation Monitoring and Report Program, General Plan Amendment, Master Plan Amendment, Local Coastal Program Amendment, Habitat Management Plan Permit, Hillside Development Permit, and/or Coastal Development 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: LA COSTA GLEN CORPORATE CENTER CASE NAME: GPA 06-02/MP 92-01(B)/LCPA 06-01/HMPP 06-11/HDP 05-11/CDP 05- 51 PUBLISH: {DATE} CITY OF CARLSBAD CITY COUNCIL NOT TO SCALE SITEMAP La Costa Glen Corporate Center GPA06-02/MP 92-01 (B)/LCPA 06-01 / HMPP 06-11/CDP 05-51/HDP 05-11 La Costa Glen Corporate CenterLa Costa Glen Corporate CenterLa Costa Glen Corporate CenterGPA 06GPA 06--02/MP 9202/MP 92--01(B)/LCPA 0601(B)/LCPA 06--01/ 01/ HMPP 06HMPP 06--11/HDP 0511/HDP 05--11/CDP 0511/CDP 05--5151 Location MapLocation MapLocation MapEL CAMINO REAL SILVERLEAF CRR U S H ROSE ST CALLE BARCELONALEUCADIA BL CALLE BARCELONA R U S H R O S E S T SILVERLEAF CRWOODFERN LN0400200FeetGPA 06-02/MP 92-01(B)/LCPA 06-01/HMPP 06-11SDP 05-16/CDP 05-51/HDP 05-11/MS 05-28La Costa Glen Corporate CenterForum Forum Shopping Shopping CenterCenterLa Costa Glen La Costa Glen Retirement Retirement CommunityCommunityLot 10 Lot 10 Open SpaceOpen Space La Costa Glen Corporate CenterLa Costa Glen Corporate CenterÊÊGreen Valley Master PlanGreen Valley Master PlanÊÊZoning : PZoning : P--C C ÊÊGeneral Plan: C/O/RMH & OSGeneral Plan: C/O/RMH & OSÊÊ44--Lot Minor SubdivisionLot Minor SubdivisionÊÊ2 commercial lots2 commercial lotsÊÊ2 open space lots2 open space lots ÊÊExisting General PlanExisting General PlanÊÊCommercial/Office/RMHCommercial/Office/RMHÊÊOpen SpaceOpen SpaceÊÊProposed General PlanProposed General PlanÊÊCommercial/Office/RMHCommercial/Office/RMHÊÊOpen SpaceOpen SpaceÊÊIncreased Open SpaceIncreased Open SpaceÊÊ+ 2.36 net acres in Lot 5+ 2.36 net acres in Lot 5ÊÊ+ 1.85 net acres in Lot 10+ 1.85 net acres in Lot 10Lot 10Lot 10Lot 10Lot 10 La Costa Glen Corporate CenterLa Costa Glen Corporate Center**General Plan AmendmentGeneral Plan Amendment**Minor Master Plan Amendment Minor Master Plan Amendment **Local Coastal Program AmendmentLocal Coastal Program Amendment**Habitat Management Plan PermitHabitat Management Plan Permit**Site Development PlanSite Development Plan••Approved by Planning Commission (1/3/07)Approved by Planning Commission (1/3/07)**Hillside Development PermitHillside Development Permit**Coastal Development PermitCoastal Development Permit La Costa Glen Corporate CenterLa Costa Glen Corporate Center La Costa Glen Corporate CenterLa Costa Glen Corporate Center Environmental ReviewEnvironmental ReviewÊÊGreen Valley Master Plan Program EIR Green Valley Master Plan Program EIR ÊÊMitigated Negative DeclarationMitigated Negative DeclarationÊÊPotential impacts to habitatPotential impacts to habitatÊÊMitigation measures reduce impacts to Mitigation measures reduce impacts to ““Less than Less than SignificantSignificant””levellevelÊÊComment LettersComment LettersÊÊCaltransCaltrans, Native American Heritage Commission & , Native American Heritage Commission & USFWSUSFWSÊÊAdditional conditions added to address concernsAdditional conditions added to address concerns RecommendationRecommendationÊÊAdopt the Mitigated Negative DeclarationAdopt the Mitigated Negative DeclarationÊÊApprove GPA 06Approve GPA 06--02, MP 9202, MP 92--01(B), 01(B), LCPA 96LCPA 96--01, HMPP 0601, HMPP 06--11, HDP 0511, HDP 05--11 11 and CDP 05and CDP 05--5151