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2008-02-05; City Council; 19305; Bressi Ranch Medical Plaza GPA 07-07/MP 178F
CITY OF CARLSBAD - AGENDA BILL 19,305AB# MTG. 02/05/08 DEPT.PLN BRESSI RANCH MEDICAL PLAZA GPA07-07/MP178(F) DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: That the City Council INTRODUCE Ordinance No. NS-874 Amendment 178(F) and ADOPT Resolution No. 2008-027 Declaration and APPROVING General Plan Amendment 07-07. . APPROVING ADOPTING Master Plan a Negative ITEM EXPLANATION: Project Applications Negative Declaration GPA 07-07 MPA178(F) CT 07-04 SDP 07-03 PUD 07-04 SUP 05-1 7 Administrative Approvals Reviewed by and Final at Planning Commission X X X X To be reviewed - Final at Council X X X On December 5, 2007, the Planning Commission conducted a public hearing and recommended to the City Council approval (6-0-1 - Commissioner Whitton was absent) of a Negative Declaration, General Plan Amendment and a Master Plan Amendment on a 1.94 acre parcel generally located on the southeast corner of El Camino Real and Town Garden Road in Planning Area 1 of the Bressi Ranch Master Plan and in Local Facilities Management Zone 17. At the same hearing, the Planning Commission also approved (6-0) a Tract Map, Site Development Plan, Planned Development Permit, and a Special Use Permit to develop a 19,760 square foot medical office building. The approval of the Tract Map, Site Development Plan, Planned Development Permit, and Special Use Permit were final at the Planning Commission. The proposed General Plan Amendment would change the General Plan Land Use designation on the property from Planned Industrial (PI) to Office (O). The Master Plan Amendment would change the underlying zone from Planned Industrial (P-M) to Office (O). The proposed Master Plan Amendment is necessary to provide consistency between the proposed development, the General Plan, and the Bressi Ranch Master Plan. Except for a brief statement from the applicant's representative, no public testimony was offered at the Planning Commission hearing. A letter of concern was received and distributed to the Planning Commissioners from a property owner to the north questioning the set backs along Town Garden DEPARTMENT CONTACT: Dan Halverson 760-602-4631 or: Dhalv@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED E DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 Road. 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 Land Use and Master Plan Amendments. 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: Staff has conducted an environmental impact assessment to determine if the project could have a potentially significant effect on the environment pursuant to CEQA Guidelines and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. The assessment did not identify any potential significant impacts that would be caused by the project. As a result, the Planning Director issued a Notice of Intent to adopt a Negative Declaration for the project on October 30, 2007. No comments were received during the 20-day public review period (October 30, 2007 - November 19, 2007). EXHIBITS: 1. City Council Ordinance No. NS-874 2. City Council Resolution No. 2008-027 3. Location Map 4. Planning Commission Resolutions No. 6359, 6360, 6361, 6362, 6363, 6364 and 6365 5. Planning Commission Staff Report, dated December 5, 2007 6. Excerpts of Planning Commission Minutes, dated December 5, 2007. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 5th day of February, 2008, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the day of , 2008, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) EXHIBIT: MP178(F) 8. Growth Management III-3 9. Dedications III-3 10. Public Facilities III-3 11. Zoning III-4 12. Location of Improvements III-4 13. Community Associations III-4 a. Residential Areas & Open Space III-4 b. Non-Residential Areas III-5 c. General Provisions Applicable to all Associations III-5 14. Architectural Review Board III-8 15. Exterior Home Improvements III-8 16. Recreational Vehicle Storage III-8 B. General Plan III-9 C. Zoning III-9 D. Relationship to General Plan & Other Applicable Planning Documents 111-10 E. Land Uses 111-10 1. Planned Industrial 111-12 2. Office 111-12 3. Community Facilities 111-12 4. Mixed Use 111-13 5. Residential 111-13 6. Open Space 111-14 Ku, 2002 |A—JiftS! • -- ra—i Planning Area/ Open Space Area ^nduslriaife -isS§ ' PA1 PA2 PAS PA4 PAS PA14 subtotal - •"*-- Residential: PA6IPA7 PA8 PA9 PA10 PA11 PA12 | subtotal | GornnniunW Facilfiiesf 4 S PA13 i subtotal i >' Mixed Use: > J PA15 I subtotal KSsjilDpeASpace: I OS1 OS 2 I OS 3 OS 4 OSS • , OS6 subtotal (•-•- Roadways: f TOTAL: General Plan Designation sr;H««fsss?ifc o PI PI PI PI PI RM RMH RMH RIM RIM RIM RMH "*• CF/P I ^ RH/L/CF .--L *.<-. f— 3. - _^ OS OS OS OS OS OS ' * ~ ,*: •" Zoning '"^ r^/v'T:;- ;;^.^::. -;v.v-. .._.- -. ;-; O . PM PM PM PM PM | j RD-M RD-M RD-M R-1 R-1 R-1 RD-M ^'J:- yrv,. •*-„ CF • " ' -. ' ~ V RD-i\rVC-2/CF "" „ — ^-^ «. , — OS OS OS OS OS OS " _? "^ ^ — T. ^ Units (residential) '^"^•^f^fif^K. — — — — — — f~ 64 99 93 72 86 10 94 523 x> *- "*> "" -,- — ^ h, ~" *"^ ^.^_ 100 100 -*• — —• . — — - — — ' — - - 623 Sq.Ft (non-res) j^l^l^l^fv^iSKjgl *« ** ** •» IHt •* 2,160,500** — —— — — — — ? * , 138,000 138,000 *i r- it 130,000 130,000 ~ — — — —• — — • - — 2,428,500 Acreage • • 'Vsyf"?;£ir'.'-f- 2.5 27.5 | 47 I 44 I 28 I 1.1 150.1 i 16.2 20 | 19.9 i 26.8. I 31.5 I 36.4 || 24.1 I 154.9 I 13.7 13.7 98.9 j 11.0 20.4 190.7 28.0 : I 585,1 | Totai of 2,150,500 sq. ft. of non-residential space {PA 1-5.&14} -J Airnort Influence Area" " (RMH) PA-7' RD-M (RLM) PA-10 R-1 RD-fi 'Laid Use/Zoning / Readartial RLM Lew MeolumDeTsly(W)/R-1 One Family Residential RM MedimDensty (4-8) /RDM Residential Density MulUple RMH Medium High (S-15)/ResWential Medium-High Density RH Hig^Desty(l5-23) indudedinF«L/C(=)-/RDM Octets Residential Q- cm AoW 94.7 16^ 64.0 27.7 202.6 Net Aore^1 74.2 11.5 58.3 2S.7 DLV AaeP 32 6.0 11.5 19.0 1707 NcrradeuS CF tarrrinly Facilities /CF Community Facilities L/ CF Loc a 1 9oppirg Certer andCcmnjity FadlHies • (SM RH abovt) /C-2/CF R Rared ItYUtrial IPM Planned Industrial OS Cpai^ece /OS Open Space M^aFtet«%s SLttOS Natractrtid RaaJTcd 137 27.7 Ifli 190.7 28.0 4102 585.1 13.6 27.2 14S.1 186.9 Mao nun DLW3= 236 69 670 507 - 1482 138,000 130,000 2,160,500 .(RLM) PA-11 R-1 Legend totd plan'ng area 3rd net uxcrara redtoaTg'neaingaTdbxiTiayvmficaicn a MadnundsnstypanittadbyQowthCatrd Odn • Combined district may be all or a portion of RH/UCF " Although the net acreages of the residential planning area would allow for the development of up to 1482 dwelling units.the Master Plan will established a maximum cap of 623 dwelling units. General PlairDesigm Planning Area Zoning Bressi Ranch A planned community in the City of Carlsbad,Ca!ifomia ( i Local Facilities Management Plan (LFMP) for Zone 17 - An LFMP for Zone 17 was prepared in conformance with the requirements of Chapter 21.90, Growth Management, of the Carlsbad Municipal Code. The Zone 17 LFMP demonstrates how and approximately when each public facility will be developed within Zone 17 to accommodate the Master Plan development. It also provides a financing plan for the necessary public facilities. 2. Future Discretionary Applications The following applications will be processed at some future date to allow for the development of the Master Plan: Tentative Tract Maps - Tentative Tract Maps will be required to subdivide the residential planning areas to create individual lots or ownership units. Tentative maps may also be submitted to further subdivide the commercial and industrial portions of the Master Plan at the option of the developer. Planned Development Permits - These permits will be processed pursuant to Chapter 21.45 of the Carlsbad Municipal Code and must be submitted with any tentative map that creates lots less than 7,500 square feet in size, ownership multifamily units, or neighborhoods served by private streets. A Non-Residential Planned Development Permit pursuant to Chapter 21.47 must be submitted with any non-residential tentative map that creates industrial lots less than one acre in size, or lots that do not have frontage on a public street or have shared access or parking. Conditional Use Permits - Pursuant to Chapter 21.42, Conditional Use Permits must be submitted for the development of a church, other community facility, private school, assisted care facility, service station or other uses allowed by Chapter 21.42 of the Carlsbad Municipal Code. Site Development Plan - Site Development Plans will be required to establish the design of the mixed-use area, for the development of affordable apartments, commercial areas, a daycare facility and the Village Green. Planned Industrial Permit - Pursuant to Chapter 21.34, a Planned Industrial Permit must be processed for development in Planning Areas 4-r 2, 3, 4, 5 and 14. 1-15 H l r\ B. General Plan The General Plan designations of the Bressi Ranch Master Plan are shown on Exhibit 1-9 on page 1-14. These designations are: P-l - Planned Industrial 0 Office and Related Commercial L - Local Shopping Center RLM - Residential Low-Medium - single-family RM - Residential Medium - single-family or attached multi-family RMH - Residential Medium High - small lot single-family or attached multi-family -; RH - Residential High - attached multi-family OS - Open Space C - Community Facilities P - Private School C. Zoning Concurrent with the approval of the Bressi Ranch Master Plan, the zoning of this site was changed from Limited Control (L-C) to Planned Community (P-C). Since the P-C Zone requires the designation of underlying zoning, each of the planning areas and open space areas has been assigned an underlying zoning designation. Pursuant to the powers of Chapter 21.38 of the Carlsbad Municipal Code (Planned Community Zone), this Master Plan shall constitute the zoning of all lands within the Master Plan. No person shall use or develop contrary to the provisions of the Master Plan. All provisions of the Master Plan are imposed as a condition of zoning. Approval of this document does not excuse compliance with all other applicable City ordinances in effect at the time building permits are issued. Unless modified by this Master Plan, or approval of a Planned Development Permit or Non-Residential Planned Development Permit, all development shall comply with the requirements of the underlying zoning as shown by Exhibit I-9 on page 1-14. These underlying zoning designations are provided below: -9 M* 2002 Planning Areas Zone 1 O (Office) 4r 2, 3, 4, 5, 14 P-M (Planned Industrial) 6, 7, 8, 12 RD-M (Residential Density - Multiple) 9,10,11 R-1 (One Family Residential) 13 CF (Community Facilities) 15 C-2/RD-M/CF (General Commercial/Residential Density Multiple/ Community Facilities) Open Space Areas 1-6 O-S (Open Space) D. Relationship to General Plan & Other Applicable Planning Documents The Bressi Ranch Master Plan is consistent with .and implements the Carlsbad General Plan, the Planned Community,Zone, the McClellan-Palomar Airport Comprehensive Land Use Plan, the Carlsbad Habitat Management Plan, the El Camino Real Scenic Corridor, the Carlsbad Landscape Manual and all other applicable planning and regulatory documents. Appendices A and B provide a consistency matrix showing how the Bressi Ranch Master Plan conforms with the Carlsbad General Plan and the other above-mentioned documents, respectively. E. Land Uses There are five six major General Plan land use types within the Bressi Ranch Master Plan. The land uses are office, industrial, community facility, commercial, residential and open space. Exhibit 1-1 on page I-2 shows how the land uses have been divided into fifteen planning areas and six open space areas. Exhibit 111-1 on page 111-11 provides the acreage and buildout potential for each planning area and open space area. 1-10 M*. 2002 BRF^SI RANCH GENERAL PLAN L.ATISTICS BY PLANNING AREA* Proposed General Plan Planning Area/ Neighborhood PA1 PA 2 PA 3 PA 4 PAS PA 6 PA 7 PA 8 PA 9 PA 10 PA 11 PA 12 PA 13 SUBTOTAL PA 14 PA 15 OS1 OS2 OS3 OS4 OSS OS6 •Roads - General Plan Designation O PI PI PI PI RM RMH RMH RLM RLM RLM RMH CF/P PI RH/L/CF OS OS OS OS OS OS Road Zoning O. P-M P-M P-M P-M RD-M RD-M RD-M R-1 R-1 R-1 RD-M CF P-M RD-M/C- 2/CF OS OS OS OS OS OS Total Gross Acres 2.5 27.5 47.0 44.0 28.0 16.2 20.0 19.9 26.8 31.5 36.4 24.1 13.7 1.1 27.7 16.9 4.0 39.5 98.9 11.0 20.4 28.0 585.1 Constraints D 0.0 1.7 0.0 0.0 0.3 1.0 0.2 0.1 0.9 1.1 4.6 1.0 0.0 0.0 0.4 0.4 0.2 5.6 12.9 0.1 0.5 0.4 EandF 0.0 2.0 0.0 '0.0 0.0 0.7 0.6 0.0 0.0 0.5 2.4 0.0 0.1 0.0 0.1 3.6 0.5 0.0 0.0 0.8 5.7 0.2 Partially Constrained J - . . . - 6.0 1.8 2.4 3.6 6.0 12.3 2.2 - - 1.0 - - - - ' - - J/2 - . . - - 3.0 0.9 1.2 1.8 3.0 6.2 1.7 - - 0.5 - - - - - - - Net Developable Acres 2.5 23.8 47.0 44.0 27.7 11.5 18.3 18.6 24.1 26.9 23.2 •21.4 13.6 1.1 26.7 12.9 3.3 33.9 86.0 10.1 14.2 27.4 Growth Control Dwelling Units Per Acre 6.0 ' 11.5 11.5 3.2 3.2 3.2 11.5 19 General Plan Growth Control Dwelling Units 69 210 213 77 86 74 246 975 507 1482 **** SF **** **** ** 138.00C Acres are subject to engineering and boundary verification. Total of 2.160,500 square feet, which equates to 15,000 ADT based on an assumption of 40% Light lndustrial/40%Research and Development and 20% Office. This breakdown of uses was used for traffic modeling purposes. The percentages of the various uses may vary at the time of development, as long as the traffic generated by the uses in Planning Areas 1,2,3,4 and 5 do not exceed 15,000 ADT. Mixed use development - Max. 130,000 s.f. of commercial, church, boys and girls club, day care, assisted living, and 100 units Max. of high density residential. Although the net acreages of the residential planning area would allow for the development of up to 1482 dwelling units, the Master Plan will establish a maximum cap of 623 dwelling units. Definitions: D= Slopes > 40%, E and F = Wetlands, Including Tamarisk Scrub, and J = Slopes of 25% to 40% 1. Planned Industrial (PI) Due to their geographical locations, Planning Areas 1, 2, 3, 4, 5 and 14 have a designation of Planned Industrial (P-l). These planning areas comprise part of the central industrial core of the City of Carlsbad, are bordered by regional arterials, and are located in close proximity to Palomar Airport and lie within the McClellan-Palomar Airport Influence Area. Planning Areas 1, 2, 3, 4 and • 5 will be developed with a combination of corporate office, light manufacturing and research and development uses, and Planning Area 14 may be developed with an industrial serving commercial use such as a service station/convenience store/car wash. The uses within these planning areas will be developed in accordance with the recommendations of SANDAG's Comprehensive Land Use Plan for McClellan-Palomar Airport and the County's Airport Master Plan. Portions of Planning Areas 2, 3, 4 and; 5 are within the Flight Activity Zone of McClellan-Palomar Airport. A small part of Planning Area 3, near the intersection of Palomar Airport Road and El Camino Real, is also within the Runway Protection Zone. Development within these areas will be limited in scope in accordance with the recommendations of SANDAG's Comprehensive Land Use Plan for McClellan-Palomar Airport. Exhibit I-4 on page I-6 shows the boundaries of the Airport Influence Area, Flight Activity Zone and Runway Protection Zone. 2. Office (O) Planning Area 1 is designated to be developed with medical offices to serve the community as well as the residents of Bressi Ranch Master Plan Area. The development of medical offices at this site would be compatible with the proposed medical office development to the south of Planning Areal. Planning Area 1 is located within the McClellan-Palomar Airport Influence Zone : however, the subject site is not located within the Flight Activity Zone and is wholly outside the 65 dBN CNEL noise contour. Proposed development applications within Planning Area 1 will be required to process a Special Use Permit to demonstrate compliance with the El Camino Real Scenic Corridor Guidelines. 3. Community Facilities (CF) Planning Areas 13 and 15 will be developed with community facilities to serve the residents of the Bressi Ranch Master Plan. In accordance with the requirements of Chapter 21.25 of the Carlsbad Municipal Code, a minimum of 5.09 acres of community facilities, including a 2-acre day care center, must be located in Planning Area 13 and/or 15 of the Bressi Ranch Master Plan. A portion of the community facilities, which may include a day care center, will 1-12 Ku, 2002 Open Space (Public Health and Safety) Open Space (Preservation of Natural Resources) I Open Space , \ (Except for O.S. 2 these | | recreation areas are conceptual j ) in size & location, the exact / / design to be approved as / / part of the Tentative maps) //I Industrial / Office Entries into the industrial/office areas will have a less formal landscape scheme than those leading to the residential areas. Streets within the industrial garden shall be bordered by informal groves behind a contiguous sidewalk, with an evergreen backdrop to help screen views of industrial/office uses. The industrial/office buildings shall be designed and sited to encourage an outdoor walking experience for employees. Natural Open Space The streetscape adjacent to natural open space areas will be informal and provide a transition from natural vegetation to the street. Open and closed views of the open space shall occur along the length of the open space. Within the open space areas, trails and interpretive view decks shall be constructed to engage pedestrians in a "story telling experience". Arterial Roadways The four major streets adjacent to and within the Master Plan (Palomar Airport, El Camino Real, El Fuerte Street and Poinsettia Lane) each have a predetermined landscape character as defined in the Carlsbad Landscape Manual. This pattern will be continued throughout Bressi Ranch on these arterials. B. Landscape Palette The following table in Exhibit V-2 on page V-4 provides the landscape palette for the Circulation Element roadways and internal roadways within the Bressi Ranch Master Plan. Palomar Airport Road, El Camino Real, El Fuerte Street, and Poinsettia Lane have established landscape patterns defined by the Carlsbad Landscape Manual. Except for Poinsettia Lane, all of these arterial roadways will be landscaped in accordance with the landscape patterns established by Carlsbad's Landscape Guidelines Manual. Poinsettia Lane will have a different landscape palette to match the plantings within the portion of Poinsettia Lane that has already been constructed in the Rancho Carrillo Master Plan to the east. Trees used for the streetscape of individual planning areas are to be selected from the recommended plant list (see Exhibit V-3 on pages V-5 to V-8). C. Landscape Zones The general landscape zones for the Bressi Ranch community, as shown by Exhibit V-4 on page V-9, consists of four zones as specified in the City of Carlsbad Landscape Manual. These zones are based on the type of visual V-3 B. Office and Industrial Planning Areas (PA 1-5 & 14) One or more of the following administrative or discretionary applications shall be filed either concurrently with or subsequent to the application for a tentative map in Planning Areas 1-5 & 14. Planned Industrial Permit A Planned Industrial Permit processed pursuant to Chapter 21.34, Planned Industrial Zone of the Carlsbad Municipal Code, shall be obtained for the development of any permitted use in Planning Areas 4r 2, 3, 4, 5 & 14. A Planned Industrial Permit shall also be required for the modification of any existing building in excess of twenty-five percent of the building's valuation. Planned Industrial Permits shall be administratively reviewed and approved by the Planning Director. All development proposed by a Planned Industrial Permit shall be in conformance with the requirements of the Planned Industrial Zone, the Development Standards and Design Criteria of the Bressi Ranch Master Plan and CC&Rs and Design Guidelines for the Industrial area of the Master Plan. If there is a conflict in the standards or requirements of the abovementioned ordinances or policies, the requirements of the Bressi Ranch Master Plan shall prevail. Non-Residential Planned Development Permit A Non-Residential Planned Development Permit in conformance with the requirements of Chapter 21.47 of the Carlsbad Municipal Code shall be processed concurrently with all tentative maps that propose lots that do not front on a public street, postage stamp lots, air space condominiums or lots/units that share access or parking. Conditional Use Permits A Conditional Use Permit shall be required for all uses designated as conditional uses by Chapter 21.34 and 21.42 of the Carlsbad Municipal Code. The review and approval of a Conditional Use Permit shall include building placement and design. The approval of a Non-Residential Planned Development Permit or Conditional . Use Permit, both of which address building placement and design shall supercede the need for approval of a Planned Industrial Permit. VI-2 Ku, 2002 VII. INDUSTRIAL/OFFICE DEVELOPMENT STANDARDS & DESIGN GUIDELINES The following design guidelines will promote high quality design including landscaping, architecture and overall construction for all office and industrial development in Planning Areas 1-5 and 14 of the Bressi Ranch Master Plan. In accordance with the Land Use Element of the Carlsbad General Plan and the El Camino Real Scenic Corridor Development Standards, development in these planning areas will be designed to provide opportunities for research and development industries in a campus setting. The design guidelines are general and may be interpreted with some flexibility in their application to specific projects. Variations may be considered for projects with special design characteristics that still meet the general design objectives of these guidelines. All development in Planning Areas 1-5 and 14 of the Bressi Ranch Master Plan, subject to review by the City, shall adhere to these guidelines where applicable. A. Development Standards Unless modified in the development standards of the individual Planning Areas, all development in Planning Areas 4- 2-5 and 14 shall comply with the development standards of the P-M Zone, Chapter 21.34, of the Carlsbad Municipal Code. All development in Planning Area 1 shall comply with the development standards of the O zone. Chapter 21.27 of the Carlsbad Municipal Code. B. Industrial Driveways Exhibit Vll-1 on page VII-2 shows the location of potential driveways serving future office/industrial development in Planning Areas 1-5. The individual exhibits for Planning Areas 1-5 also show these driveway locations. A minimum spacing of 300 feet will be provided between driveways serving Planning Areas 1-5, measured from the centerlines of the driveways or street intersections. Sight distance lines will be provided in accordance with the current edition of the CalTrans Highway Design Manual and all applicable City standards and policies. Obstructions in excess of 30" in height will not be permitted within the sight distance lines. None of the Planning Areas shall gain direct driveway access from El Camino Real or Palomar Airport Road except for the right turn in and out shown in Planning Area 5. Exhibit Vll-1 shows the maximum number of driveways that could be developed in accordance with City standards and policies dealing driveway locations. 2002 Typical ground-mounted equipment such as transformers, cooling and heating units shall be screened with walls and/or landscaping. Downspouts - Downspouts shall be concealed on facades. E. Sign Criteria All signage shall be compatible in appearance and scale with the adjacent buildings and shall comply with the requirements of Chapter 21.41 of the Carlsbad Municipal Code. F. Individual Planning Area Standards 1. Planning Area 1 Description Planning Area 1 (see Exhibit VII-11 on page VII-18) is located in the western portion of the project, south of Palomar Airport Road, and is bordered on the west by El Camino Real. Open Space Area 1 is on the eastern side of Planning Area 1, and a more extensive industrial area, Planning Area 2, is located to the north. The eastern side is also the location of a possible frontage road connecting to The Villages of La Costa. Planning Area 1 is the smallest of the five industrial planning areas located, within the Bressi Ranch Master Plan. The small size of Planning Area 1 is created by the fixed location of the access road off of El Camino Real, the open space to the east and the property boundary to the south of the area. Planning Area 1 has a gross area of 2.5 acres and a net developable area of 2.5 acres. The exact developable acreage of this site may be less if it is determined that a frontage road must go through Planning Area 1. Implementation of Master Plan Vision and Goals Planning Area 1 is designated as Planned Industrial Office due to its location within the Palomar Airport Influence Area, and its location adjacent to other major industrial development on the west side of El Camino Real and within the Master Plan area (Goal 1). Residents of the Master Plan may access Planning Area 1 using the sidewalks along the public streets within the Master Plan area, which meets Goal 2 of this plan. In addition, a variety of Office uses are allowed in Planning Area 1, which could provide a range of job types available (Goal 5). VI1-17 M**, 2002 Legend VIASAT BUSINESS PARK ENTRY NAL1ZED ACCESS) Concept Sketch (forillustrative purposes only) Access Detention Basin Open Space ^ V V Fire Protection Zone o°°o City Wide Trail Setbacks(Width in Feet) •^ Bus Stop/Bus Turnout a. OD =. = Runway Protectioa Zone a, o, -a a Airport Influence Area General Plan Land Use: O X Zoning: O Product: Industrial/Office/Warehouse Per P-M Zone as further restricted by Master Plan Aplanned communrt1/in the City of Carlsbad, California 3-26-02BressiPA1.cdr General Plan & Zoning General Plan Land Use: Planned Industrial (PI) Office (O) Zoning: Planned Industrial (P M) Office (0) Discretionary Permits Required for Development All development proposals shall be processed in conformance with the requirements of the Carlsbad Municipal Code as detailed in Chapter VI of this Master Plan. Uses Allowed Office, Research & Development, Light Manufacturing and Warohouoing, and all uses identified in Section 21.34 21.27 of the Carlsbad Municipal Code (R- M O Zone) are allowed in Planning Area 1. Use Restrictions No facilities in the development shall store, handle, or use toxic, or highly toxic gases as defined in the most recent Uniform Fire Code (UFC) at quantities that exceed exempt amounts as defined in the most recent UFC. Facilities which store, handle, or use regulated substances as defined in the California Health and Safety Code §25532(g) in excess of threshold quantities shall prepare risk management plans for determination of risk to the community. Facilities which store, handle, or use any quantity of a toxic or highly toxic gas as defined in the most recent Uniform Fire Code which are also regulated substances as defined in the California Health and Safety Code §25532(g) shall prepare an offsite consequence analysis (OCA). This analysis shall be performed in accordance with Title 19 of the California Code of Regulations §2750.2 through §2750.3. If the OCA shows the release could impact the residential community, the facility will not store, handle, or use the material in those quantities. If a decrease in the quantity of material reduces the distance to toxic endpoint to where the community is not impacted, the facility shall be able to utilize the material in that quantity. -19 H*y 2002 Design Criteria In addition to complying with the design criteria contained in Sections VILA, B and C of this Master Plan, development in Planning Area 1 shall comply with the following design criteria: • A frontage road may be constructed along the easterly edge of Planning Area 1 from Street A to the southern boundary of Planning Area 1 to connect to the frontage road in Neighborhood 1.1 of the Villages of La Costa Master Plan. The exact location and need for this frontage road will be determined as a part of the review of detailed development plans for Planning Area 1 and the adjacent property to the south in the Villages of La Costa Master Plan. • Planning Area 1 may be developed in conjunction with the industrially Office designated property to the south in the Villages of La Costa Master Plan. Development Standards Planning Area 1 shall be developed in accordance with the Planned Industrial {P-M} Office (O) Zone standards set forth in Section 2-4-^4 21.27 of the Carlsbad Municipal Code, which include the following setbacks. All development in Planning Area 1 shall comply with the setback requirements of Section 21.34.070 21.27.040 of the Planned Industrial Office Zone. All setbacks are measured from the right of way line. The following paragraphs summarize these setback requirements. • Front or Side Yard facing El Camino Real, Palomar Airport Road or El Fuerte Street - Minimum setback of fifty (50) feet fully landscaped and irrigated shall be provided.. Subject to approval of the Planning Director the landscaped portion of tho setback may be reduced to thirty five (35) feet to accommodate a driveway along the portion of the setback farthest- from the right of way. • Front or Side Yard on a Collector, Local or Private Street - Average The setback of thirty-five (35) twenty (20) feet with a minimum of twenty five (25) feet. This setback shall be fully landscaped. • Side Yard Interior - Ten (10) feet fully landscaped and irrigated. • Rear Yard - Twenty (20) Ten (10) feet, of which ton (10) foot adjacent to the rear property line shall be fully landscaped and irrigated. » Projects in Planning Area 1 shall process a Special Use Permit per the requirements of the El Camino Real Scenic Corridor study concurrent with any other discretionary permit, or a Planned Industrial Permit. VII-20 Ki •• t «~.-. 1 ^—Mwr —-., «S5|J^«:|»iSi^ Legend 11 Pedestrian Linkages ^> C* O r*i City Wide Trails Village Ajn 1 RESOLUTION NO. 2008-027 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A NEGATIVE 3 DECLARATION AND APPROVING A GENERAL PLAN 4 AMENDMENT TO CHANGE THE LAND USE ELEMENT FROM PLANNED INDUSTRIAL (PI) TO OFFICE (O) ON 5 PROPERTY LOCATED ON THE SOUTHEAST CORNER OF EL CAMINO REAL AND TOWN GARDEN ROAD IN 6 PLANNING AREA 1 IN THE BRESSI RANCH MASTER PLAN AND IN LOCAL FACILITIES MANAGEMENT ZONE 7 17. CASE NAME: BRESSI RANCH MEDICAL PLAZA 8 CASE NO.: GPA 07-07/MP 178 (F) 9 10 WHEREAS, pursuant to the provisions of the Municipal Code, the 11 Planning Commission did, on December 5, 2007, hold a duly noticed public hearing as 12 prescribed by law to consider a Negative Declaration and General Plan Amendment; 13 and 14 WHEREAS, the City Council of the City of Carlsbad, on the si-h day of February . 2008, held a duly noticed public hearing to consider said Negative 16 Declaration and General Plan Amendment and at that time received recommendations, 17 objections, protests, comments of all persons interested in or opposed to the Negative18 Declaration and/or GPA 07-07; and 20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 21 Carlsbad, California, as follows: 22 1. That the above recitations are true and correct. 23 2. That the findings and conditions of the Planning Commission as set 24 forth in Planning Commission Resolutions No. 6359 and 6360 on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the City 25 Council. 26 3. That the application for a Negative Declaration and General Plan Amendment on property generally located on the southeast corner of El Camino Real and Town Garden Road in Planning Area 1 of the Bressi Ranch Master Plan is 28 approved as shown in Planning Commission Resolutions No. 6359 and 6360. 1 4. That the application for a General Plan Amendment to the Land Use Element of the General Plan to change the Land Use designation on property from 2 Planned Industrial (PI) to Office (O) on land generally located on the southeast corner of - El Camino Real and Town Garden Road in Planning Area 1 of the Bressi Ranch Master Plan as shown in Planning Commission Resolution No. 6360, is hereby accepted, 4 approved in concept and shall be included in the First General Plan Amendment update of 2008. 5 5. This action is final the date this resolution is adopted by the City 6 Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits _ for Judicial Review" shall apply: 8 "NOTICE TO APPLICANT" 9 The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, 10 which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the nineteenth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such record, 14 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 15 record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the 16 preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, 17 CA. 92008." 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 5th day of February, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ATTEST: I/ORRAINE M. WOOQybity Clerk (J /SEAL) EXHIBIT 3 SITEMAP NOT TO SCALE Bressi Ranch Medical Plaza GPA 07-07, MP 178(F), CT 07-04, SDP 07-03, PUD 07-04, SUP 07-01 EXHIBIT 4 1 PLANNING COMMISSION RESOLUTION NO. 6359 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A NEGATIVE DECLARATION FOR A 4 GENERAL PLAN AMENDMENT TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM PLANNED INDUSTRIAL TO OFFICE, A MASTER PLAN 6 AMENDMENT TO CHANGE THE BRESSI RANCH MASTER PLAN LAND USE AND ZONING DESIGNATIONS FROM 7 PLANNED INDUSTRIAL TO OFFICE, AND A TENATIVE TRACT MAP, SITE DEVELOPMENT PLAN, NON- 8 RESIDENTIAL PLANNED DEVELOPMENT PERMIT, AND A 9 SPECIAL USE PERMIT, TO DEVELOP A 1.94-ACRE PARCEL WITH A 19,760-SQU ARE-FOOT MEDICAL OFFICE 10 BUILDING LOCATED ON THE SOUTHEAST CORNER OF EL CAMINO REAL AND,TOWN GARDEN ROAD IN 11 PLANNING AREA 1 IN THE BRESSI RANCH MASTER PLAN AND LOCAL FACILITIES MANAGEMENT ZONE 17. 12 CASE NAME: BRESSI RANCH MEDICAL PLAZA 13 CASE NO.: GPA 07-07/MP 178(F)/CT07-04/SDP 07-037 PUD 07-04/SUP 07-01 14 WHEREAS, David Di Rienzo, "Developer," has filed a verified application with ,,- the City of Carlsbad regarding property owned by Bressi Ranch Medical Plaza, LLC, 17 "Owner," described as 18 Lot 1 of Carlsbad Tract 02-15 Bressi Ranch, in the City of Carlsbad, County of San Diego, State of California, according 19 to the map thereof No. 14960, filed in the office of the County 20 Recorder of San Diego County, February 4, 2005 21 ("the Property"); and 22 WHEREAS, a Negative Declaration was prepared in conjunction with said 23 . . ,project; and 24 WHEREAS, the Planning Commission did on the 5th day of December 2007, 25 hold a duly noticed public hearing as prescribed by law to consider said request; and 26 27 WHEREAS, at said public hearing, upon hearing and considering all testimony 28 and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors 2 relating to the Negative Declaration. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 4 . Commission as follows: A) That the foregoing recitations are true and correct. 7 B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS ADOPTION of the Negative Declaration, 8 Exhibit "ND," according to Exhibits "NOI," and "PII," attached hereto and made a part hereof, based on the following findings: 10 Findings: 1. The Planning Commission of the City of Carlsbad does hereby find: 12 a. It has reviewed, analyzed, and considered the Negative Declaration Bressi Ranch 13 Medical Plaza - GPA 07-07/MP 178(F)/CT 07-04 /SDP 07-03/PUD 07-04/SUP 07-01 the environmental impacts therein identified for this project and any 14 comments thereon prior to RECOMMENDING APPROVAL of the project; and b. The Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines, and the Environmental Protection Procedures of the City of Carlsbad; and 17 c. It reflects the independent judgment of the Planning Commission of the City of 18 Carlsbad; and d. Based on the EIA Part II and comments thereon, there is no substantial evidence 2Q the project will have a significant effect on the environment. 21 22 23 24 25 26 27 28 PC RESO NO. 6359 -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 5th day of December 2007, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez, Douglas, and Montgomery. NOES: ABSENT: Commissioner Whitton ABSTAIN: JULIE BAKERVChairperson CARLSBkP PLANNING COMMISSION DONNEU Planning Director PC RESO NO. 6359 -3- City of Carlsbad Planning Department CASE NAME: CASE NO: PROJECT LOCATION: NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION Bressi Ranch Medical Plaza GPA 98-03fAVMP 178(TVSDP 07-03/PUD 07-04/SUP 07-01/ CT 07-04 East side of El Camino Real between Town Garden Road and Metropolitan Street in Planning Area 1 of the Bressi Ranch Master Plan and Local Facilities Management Zone 17 in the City of Carlsbad. San Diego County. APN 213-260-01. PROJECT DESCRIPTION: The project consists of a General Plan Amendment (GPA), Master Plan Amendment (MPA), Site Development Plan (SDP), Non-Residential Planned Development (PUD), Special Use Permit (SUP), arid Tentative Tract Map (CT) to allow for the construction of a 19,760 square foot medical office building on a 1.94-acre site. The site, Bressi Ranch Master Plan Planning Area 1, was previously graded with the mass grading permit approved by the Bressi Ranch Master Tentative' Map project, CT 00-06. PROPOSED DETERMINATION: The City of Carlsbad has 'conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of. the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) did not identify any potentially significant impacts on the environment. Therefore, a Negative Declaration will be recommended for adoption by the City of Carlsbad City Council. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 20 days of the date of this notice. The proposed project and Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Dan Halverson in the Planning Department at (760) 602-4631. PUBLIC REVIEW PERIOD October 30. 2007 through November 19, 2007 PUBLISH DATE October 30. 2007 1S3b Faraday Avenue « Carlsbad, CA 92008-7314 » (780) 602-4600 3 rAX (780) 602-3559 « www.ci.carlsbad.ca.U5 ENVIRONMENTAL IMPACT ASSESSMENT FORM - INITIAL STUDY (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: GPA 98-03 (A) /MP 178 (F) /CT 07-04 /PUD 07-04 /SDP 07-03 /SUP 07-01 DATE: October 23. 2007 BACKGROUND 1. CASE NAME: Bressi Ranch Medical Plaza 2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad 3. CONTACT PERSON AND PHONE NUMBER: DAN HALVERSON - 760-602-4631 4. PROJECT LOCATION: South side of Town Garden Road between El Camino Real and Metropolitan Street Carlsbad. San Diego County. APN 213-260-01-00 5. PROJECT SPONSOR'S NAME AND ADDRESS: Bressi Ranch Medical Plaza. LLC. 936 East Santa Ana Boulevard. Santa Ana. CA 92701 6. GENERAL PLAN DESIGNATION: Existing: Planned Industrial (PD Proposed: Office COI 7. ZONING: Existing: Planned Community (PC). Existing Master Plan Designation: Planned Industrial (PM). Proposed Master Plan Designation: Office (O). 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): San Diego County Regional Airport Authority 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: The project consists of a General Plan Amendment and Master Plan Amendment to change the General Plan Land Use designation of the site from Planned Industrial (PD to Office (O). A Master Plan Amendment is required to change the proposed underlying Master Plan Zoning from Planned Industrial CPM) to Office (O) to develop the 1.94-acre parcel with a 19.760 square foot medical office building. The project proposal is also a request for approval of a Tentative Tract Map. Site Development Plan, and Non-Residential Planned Development Permit to construct and subdivide the medical office building into 15 non-residential airspace condominium units. The project also requires the processing of a Special Use Permit as it is within Area 4 of the El Camino Real Scenic Corridor, and as such is subject to the El Camino Real Corridor Development Standards. The site is a previously graded industrial pad with utility services provided to the site. Site access is provided via a proposed driveway on the eastern portion of the lot off of Metropolitan Street. The site is bordered by proposed Planned Industrial office's to the north. Office use to the south, a large Open Space lot to the east, and Planned Industrial Office's to the west. The environmental impacts of the development of the site were evaluated in the previously approved Bressi Ranch Master Plan Environmental Impact Report (EIR 98-04). certified by the City Council in July, 2002. UFA 98-03(A) /MP 178(F) /CT 07-04 /PUb 07-04 /SDP 07-03 /SUP 07-01 Bressi Ranch Medical Plaza ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. Aesthetics I I Agricultural Resources I | Air Quality I I Biological Resources Cultural Resources Geology/Soils Hazards/Hazardous Materials Hydrology/Water Quality Land Use and Planning Mineral Resources Mandatory Findings of Significance Noise Population and Housing • Public Services Recreation Transportation/Circulation Utilities & Service Systems Rev. 01/02/07 GPA 98-03(A) MP 178(F) /CT 07-04 /PUD 0/-04 /SDP 07-03 /SUP 07-01 Bressi Ranch Medical Plaza DETERMINATION. (To be completed by the Lead Agency) ^ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. |~| I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. d] I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [~] I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards^ and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. r~] I find that although the proposed project could have a significant effect on the environment, there WELL 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. fo /3.5" /O "> Planner Signature Date 'OT7 Planning Director's Signature Date Rev. 01/02/07 GPA 98-03(A) /MP 178(F) /CT 07-04 /PUb 07-04 /SDP 07-03 /SUP 07-01 Bressi Ranch Medical Plaza 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 EER 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 Rev. 08/02/07 GPA 98-03(A) MP 178(F) /CT 07-04 /PUD 07-04 /SDP 07-03 /SUP 07:01 Bressi Ranch Medical Plaza a Mitigated Negative Declaration may be prepared. • An EER. 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 EER. 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. 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 Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact D D a)-d) No Impact. The lot is proposed along the east side of El Camino Real and will be visible from the surrounding lots as well as along El Camino Real. The project would not have an impact as the project would be setback over 50 feet from the prime arterial (El Camino Real) and is set lower than the roadway, which would help preserve distant views and reduce a corridor effect caused by buildings being placed near the roadway. The site is Land Use designated as a Planned Industrial building site and the change of the site to an Office Land Use designation would not have any negative aesthetic effects above those analyzed with the previous land use designation. The same intensity and design of building could be developed under either land use designation. Rev. 08/02/07 uPA 98-03(A) /MP 178(F) /CT 07-04 fPUu 07-04 /SDP 07-03 /SUP 07-01 Bressi Ranch Medical Plaza 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 Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? a) - c) No Impact. The site is a previously graded industrial pad and does not support agricultural uses and is not under -Williamson Act contracts. All impacts to agricultural resources were ^previously mitigated consistent with the Bressi Ranch Master Plan Environmental Impact Report (HER .98-04), certified by the City Council in July, 2002 which was implemented for the Master Tract Map and project mass grading permit that created the lot that is the subject of this application. 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact Rev. 08/02/07 GPA 98-03(A) /MP 178(F) /CT 07-04 /PUD 07-04 /SDP 07-03 /SUP 07:01 Bressi Ranch Medical Plaza c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a) No Impact. The project site is located in the San Diegp Air Basin which is a state non-attainment area for ozone (O3) and for participate matter less than or equal to 10 microns in diameter (PMio). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed.outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A Plan to meet the:_federal standard for ozone was developed in 1994 during the process of updating the 1991 state-mandated plan. This local plan was combined with plans from all other California non- attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. . The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Section 15125(B) of the State of California Environmental Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation "Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms to the RAQS which include the following: • Is a regional air quality plan being implemented in the project area? • Is the project consistent with the growth assumptions in the regional air quality plan? Rev. 08/02/07 GPA 98-03(A) /MP 178(F) /CT 07-04 /PUD 07-04 /SDP 07-03 /SUP 07-01 Bressi Ranch Medical Plaza The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. b) Less Than Significant Impact. The closest air quality monitoring station to the project site is at Camp Pendleton. Data available for this monitoring site from 2000 through December 2004 indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (a total of 10 days during the 5-year period). No other violations of any air quality standards have been recorded during the 5-year time period. The project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with travel to and from the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. c) Less Than Significant Impact. The air basin is currently in a state non-attainment zone for ozone and suspended fine particulates. The proposed project w'etuld represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15130(a)(4), the proposed project's contribution to the cumulative impact is considered de minimus. Any impact is assessed as less than significant. d) No impact. As noted above, the proposed would not result in substantial pollutant emissions or concentrations. In addition, there are no sensitive receptors (e.g., schools or hospitals) located in the vicinity of the project. No impact is assessed. e) No Impact The construction of the proposed project could generate fumes from the operation of construction equipment, which may be considered objectionable by some people. Such exposure would be short-term or transient. In addition, the number of people exposed to such transient impacts is not considered substantial. Rev. 08/02/07 H' GPA 98-03(A) /MP 178(F) /CT 07-04 /PUD 0/-04 /SDP 07-03 /SUP 07-01 Bressi Ranch Medical Plaza IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally., protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict- with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D IEI D a) - f) No Impact. The project site is a previously graded industrial pad and does not contain any flora or fauna. The adjacent open space preserve area to the east will not be impacted by the project as adequate setbacks, drainage, and light shielding are provided. All impacts to biological resources were previously mitigated consistent with the Bressi Ranch Master Plan Environmental Impact Report (EIR 98-04), certified by the City Council in July, 2002 which was implemented for the Master Tract Map and project mass grading permit that created the lot that is the subject of this application. Rev. 08/02/07 GPA 98-03(A) /MP 178(F) /CT 07-04 /PUD 07-04 /SDP 07-03 /SUP 07701 Bressi Ranch Medical flaza 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 a) - d) No Impact. The project site is a previously graded industrial pad and does not contain any cultural resources. All impacts to cultural resources were previously mitigated consistent with the Bressi Ranch Master Plan Environmental Impact Report (EIR 98-04), certified by the City Council in July, 2002 which was implemented for the Master Tract Map and project mass grading permit,that created the lot that is the subject of this application. 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 10 Rev. 08/02/07 GPA 9S-03(A) /MP 178(F) /CT 07-04 /PUD 07-04 /SDP 07-03 /SUP 07-01 Bressi Ranch Medical Plaza b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Table 18 - 1-B of the Uniform Building Code (1997), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the,, disposal of wastewater? Potentially Significant Impact D Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact D a) - e) No Impact. The project site is a previously graded industrial pad which has been graded pursuant to the grading standards of the City of Carlsbad. VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 11 Rev, 08/02/07 GPA 98-03(A) /MP 178(F) /CT 07-04 /PUD 07-04 /SDP 07-03 /SUP 07-01 Bressi Ranch Medical Plaza 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? 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 firesyt including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact Kl n m n m a) - d) and f) - h) No Impact. The project site does not contain nor is adjacent to hazardous materials. e) No Impact. The site has been reviewed by the San Diego County Regional Airport Authority on October 4, 2007, for consistency with the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). The authority found the Land Use Amendment project to be consistent with the ALUCP. VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 12 Rev. 08/02/07 GPA 98-03(A) /MP 178(F) /CT 07-04 /PUD 07-04 /SDP 07-03 /SUP 07-0.1 Bressi Ranch Medical Plaza c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off- site? e) Create or contribute runoff water, which would exceed the capacity of existing or planned, stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g)Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? h) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact k) Increase erosion (sediment) into receiving surface waters. 1) Increase pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g. temperature, dissolved oxygen or turbidity? m) Change receiving water quality (marine, fresh or wetland waters) during or following construction? 13 Rev. 08/02/07 GPA 98-03(A) /MP 178(F) /CT 07-04 /PUD 07-04 /SDP 07-03 /SUP 07-01 Bressi Ranch Medical Plaza n) Increase any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? o) Increase impervious surfaces and associated runoff? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact p) Impact aquatic, wetland, or riparian habitat? q) Result in the exceedance of applicable surface or ground water receiving water quality objectives or degradation of beneficial uses? a-q) No Additional Impact. Impacts to Water Quality and Hydrology were analyzed in the Bressi Ranch Master Plan Final Program EER 98-04. Mitigation measures to reduce impacts to a less than significant impact were identified and include implementation of the Drainage Control Plan and Storm Water Management Plan. 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 is required. The required mitigation measures include the current Best Management Practices and Best Available Technologies (BMP's and BAT's) available at that time for pollution control and erosion/siltation control, as referenced in the "California Storm Water Best Management Practices Handbook" and meeting all regulatory standards. The BMP Plan Options address the use of treatment control methods using flow based and volume based BMP's such as: 1) Grass Bio-filters and Strips; 2) Wetland Pond/Retention Basins; 3) Continuous Deflective Separation (CDS) Units/Fossils Filters; or 4) A combination of BMP options one through three. 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 14 Rev. 08/02/07 GPA 98-03(A) /MP 178(F) /CT 07-04 /PUD 07-04 /SDP 07-03 /SUP 07-01 Bressi Ranch Medical Plaza 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 a) - c) No Impact. The proposed General Plan Land Use change from Planned Industrial to Office will not have an impact in that the site will be developed as an Office building which could be built under the Planned Industrial Land Use designation. The difference in the use of the building would be that the Office uses would allow the sales of goods and services to the general public whereas the Planned Industrial office uses are not retail in nature, do not cater to the general public, and do not generate walk- in or drive-in traffic and are incidental to the industrial uses in the vicinity. The proposed development of an Office Land Use would not have an impact on the Industrial Park in that the site is located adjacent to El Camino Real, a prime arterial roadway, and Town Garden Road, a collector street, and would not bring traffic into the Bressi Ranch industrial park. The site is separated from other industrial uses by significant open space area and the proposed Office land use would not bias the ability of industrial users to conduct uses allowed in the industrial zone. Other uses in the immediate area are professional Office and light manufacturing uses. 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 a) and b) No Impact. The site is a previously graded lot and is not known to possess any significant mineral resources. XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 15 Rev. 08/02/07 GPA 98-03(A) /MP 178(F) /CT 07-04 /PUD 07-04 /SDP 07-03 /SUP 07-01 Bressi Ranch Medical Plaza 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 th& 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 El D El El El a - f) No Impact. The project will not create or be subject to excessive noise or ground borne vibration. The project site is not located in the vicinity of a private airstrip. The project is located wholly outside the 60 CNEL noise contour of the McClellan Palomar Airport and exterior CNEL levels between 65 and 75 dBA are considered "conditionally acceptable" for office, business commercial, planned industrial, and professional land uses. As depicted in the Bressi Ranch Master Plan Final Program EIR, section 5.4 Noise, by the year 2020 the noise levels generated by vehicles south of Palomar traveling on El Camino Real are projected to be 76.1 dBA CNEL at 75 feet from the roadway centerline. According to the Final Program EIR, a distance from roadway centerline of 86 feet would meet the City's industrial outdoor noise standards. The planned 50-foot setback along El Camino Real combined with the distance to the roadway centerline will meet or exceed the 86 foot distance needed to comply with the noise standard. This is not considered a significant impact. XII. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 16 Rev. 08/02/07 GPA 98-03(A)'/MP 178(F) /CT 07-04 /PUD 07-04 /SDP 07-03 /SUP 07-01 Bressi Ranch Medical Plaza c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a- c) No Impact. The project will not induce substantial growth or displace homes or people as none exist on the site. Potentially Significant Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision ofA new or physically altered government facilities, a' need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a) No Impact. The proposed project is in compliance with the City of Carlsbad's Growth Management Plan and is not exceeding the development projections anticipated for the site. As a result the project will have no impacts on public services. Less Than Significant No Impact Impact XIV. RECREATION Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated 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? 17 Rev. 08/02/07 GPA 98-03(A) /MP 178(F) /CT 07-04 /PUD 07-04 /SDP 07-03 /SUP 07-01 Bressi Ranch Medical Plaza b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impat a) and b) No Impact. The proposed project will not generate uses that would substantially cause physical deterioration to a regional or existing neighborhood park or require expansion of existing facilities. XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic, which is substantial irt; 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? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact D D D a) Less Than Significant Impact. The project will generate 988 Average Daily Trips (ADT) and 168 peak hour trips. This traffic will utilize the following roadways: El Camino Real, Palomar Airport Road, and Town Garden Road. Existing traffic on El Camino Real at Town Garden Road is 29,801 ADT (2006) and the 2006 peak hour level of service at the arterial intersection impacted by the project is 0.43 or an "A" LOS. The design capacity(ies) of the arterial roads affected by the proposed project is 40,000 vehicles per day. While the increase in traffic from the proposed project may be slightly noticeable, the 18 Rev. 08/02/07 GPA 98-03(A) /MP 178(F) /CT 07-04 /PUD 07-04 /SDP 07-03 /SUP 07-01 Bressi Ranch Medical Plaza street system has been designed and sized to accommodate traffic from the project and cumulative development in the City of Carlsbad. The proposed project would not, therefore, cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. The impacts from the proposed project are, therefore, less than significant. b) Less Than Significant Impact. SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and one highway segment in Carlsbad as part of the regional circulation system. The existing LOS on these designated roads and highway in Carlsbad is: LOS Rancho Santa Fe Road "A-C" El Camino Real "A-D" Palomar Airport Road "A-D" SR 78 "F" The Congestion Management Program's (CMP) acceptable Level of Service (LOS) standard is "E", or LOS "F" if that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS "F" in 1990). Accordingly, all designated roads and highway 78 is currently operating at or better than the acceptable standard LOS. Achievement of the CMP acceptable Level of Service (LOS) "E" standard assumes implementation of the adopted CMP strategies. Based on the design capacity(ies) of the designated roads and highway and implementation of the CMP strategies, they will function at acceptable level(s) of service in the short- term and at buildout. c) No Impact. The proposed project does not include any aviation components. The project is located wholly outside the 60 CNEL noise contour of the McClellan Palomar Airport and exterior CNEL levels between 65 and 75 dBA are considered "conditionally acceptable" for office, business commercial, planned industrial, and professional land uses. It would not, therefore, result in a change of air traffic patterns or result in any substantial safety risks. No impact assessed. d) No Impact. Ail project circulation improvements will be designed and constructed to City standards; and, therefore, would not result in design hazards. No impact assessed. e) No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. No impact assessed. f) No Impact. The proposed project is not requesting a parking variance. Additionally, the project complies with the City's parking requirements to ensure an adequate parking supply. No impact assessed. g) No Impact. Public transportation is located off El Camino Real adjacent to the project and is accessible from the site. The project will be conditioned to install bike racks as part of their approval. 19 Rev. 08/02/07 GPA 98-03(A) /MP 178(F) /CT 07-04 /PUD 07-04 /SDP 07-03 /SUP 07-01 Bressi Ranch Medical Plaza 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? rtr d) Have sufficient water supplies available to serve the' project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a) - g) No Impact. The proposed project will be required to comply with all Regional Water Quality Control Board Requirements. In addition, the Zone 17 LFMP anticipated that the project site would be developed with industrial/professional office uses and wastewater treatment facilities were planned and designed to accommodate industrial/professional office uses on the site. All public facilities, including water facilities, wastewater treatment facilities and drainage facilities, have been planned and designed to accommodate the growth projections for the City at build-out. The proposed project will increase the demand for these facilities. However, the proposed 19,760 square feet of office would not result in an overall increase in the City's growth projection in the SE quadrant. Therefore, the project will not result in development that will result in a significant need to expand or construct new water facility supplies, wastewater treatment or storm water drainage facilities. Existing waste disposal services are adequate to serve the proposed project without exceeding landfill capacity. In addition, the proposed development will be required to comply with all federal, state, and local statues and regulations related to solid waste. 20 Rev. 08/02/07 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated GPA 98-03(A) /MP 178(F) /CT 07-04 /PUD 0 /-04 /SDP 07-03 /SUP 07:01 Bressi Ranch Medical Plaza Less Than Significant No Impact Impact 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? a) - c) No Impact. The proposed project was evaluated in the Final Program Environmental Impact Report for the Bre'ssi Ranch Master Plan (2002") MP 178. dated April, 2002, by Cotton/ Bridges/ Associates (CBA), Inc. and evaluates the potential environmental effects of the development \ and/or operation of the "Bressi Ranch Master Plan (2002)" and associated actions. The "Bressi Ranch Master Plan (2002)" is a planning document which will guide the development of 623 dwelling units and non- residential land uses on a 585.1 gross acre site consisting of 15 planning areas and 6 open space areas. The Planned Areas consist of 346.4 gross acres and provides for 623 residential units and 191.5 acres for non-residential land uses. The planned Open Space areas consist of 190.7 acres spread out throughout the site. EIR 98-04 analyzed the following environmental issue areas: Land Use and Community Character, Landform Alteration, Visual Quality, Biological Resources, Archaeological Resources, Paleontological Resources, Transportation, Noise, Air Quality, Geology/Soils, Hydrology, Water Quality and Drainage, Public Facilities and Services, Human Health and Safety Hazards, and Population and Housing. The Initial Study prepared for the Bressi Ranch Master Plan and related action is included in Volume 1 of the Appendices for EIR 98-04 and analyzed additional issues, which were determined not to have a significant environmental impact. The City of Carlsbad City Council certified EIR 98-04 in April, 2002. At that time CEQA Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program were all approved. All mitigation measures applicable to this Master Plan have been completed, incorporated into the project design, or are required as a condition of approval for the projects. The EIR 98-04 "Statement of Overriding Considerations" applies to all projects covered by the Bressi Ranch Final Program EIR. 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 21 Rev. 08/02/07 GPA 98-03(A) /MP 178(F) /CT 07-04 /PUL> 07-04 /SDP 07-03 /SUP 07-01 Bressi Ranch Medical Plaza those projections, region-wide standards, including storm water quality control, air quality standards, habitat conservation, congestion management standards, etc., are established to reduce the cumulative impacts of development in the region. All of the City's development standards and regulations are consistent with the region wide standards. The City's standards and regulations, including grading standards, water quality and drainage standard, traffic standards, habitat and cultural resource protection regulations, and public facility standards, ensure that development within the City will not result in a significant cumulatively considerable impact. With regard to any other potential impacts associated with the project, City standards and regulations will ensure that development of the site will not result in any significant cumulatively considerable impacts. Based upon the Professional Office nature of the project and the fact that future development of the site will comply with City standards, the project will not result in any direct or indirect substantial adverse environmental effects on human beings. XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EER, or other CEQA process, one or more effects have been adequately analyzed in an earlier EER 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. March 1994. 2. Bressi Ranch Master Plan EIR. Cotton/Bridges/Associates, December 2001. 3. Bressi Ranch Master Plan. Hofman Planning Associates, May 2002. 4. Traffic Impact Analysis. Urban Systems Associates, Inc., July 2007. 22 Rev. 08/02/07 1 PLANNING COMMISSION RESOLUTION NO. 6360 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A GENERAL PLAN AMENDMENT TO 4 CHANGE THE GENERAL PLAN LAND USE DESIGNATION , FROM PLANNED INDUSTRIAL TO OFFICE ON A 1.94 ACRE PROPERTY GENERALLY LOCATED ON THE SOUTHEAST 6 CORNER OF.EL CAMINO REAL AND TOWN GARDEN ROAD IN PLANNING AREA 1 OF THE BRESSI RANCH 7 MASTER PLAN AND IN LOCAL FACILITIES MANAGEMENT ZONE 17. 8 CASE NAME: BRESSI RANCH MEDICAL PLAZA 9 CASE NO.: GPA 07-07 10 WHEREAS, David Di Rienzo, "Developer," has filed a verified application with 11 the City of Carlsbad regarding property owned by Bressi Ranch Medical Plaza, LLC, 12 "Owner," described as 13 Lot 1 of Carlsbad Tract 02-15 Bressi Ranch, in the City of 14 Carlsbad, County of San Diego, State of California, according to the map thereof No. 14960, filed in the office of the County !•* Recorder of San Diego County, February 4,2005 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a General Plan 18 Amendment as shown on Exhibit "GPA 07-07" dated May 25, 2007, attached hereto and on file 20 in the Carlsbad Planning Department BRESSI RANCH MEDICAL PLAZA - GPA 07-07 as 21 provided in Government Code Section 65350 et seq. and Section 21.52.160 of the Carlsbad 22 Municipal Code; and 23 WHEREAS, the Planning Commission did, on the 5th day of December 2007, 24 hold a duly noticed public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony26 2i and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 28 relating to the General Plan Amendment. 4 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. - B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of BRESSI RANCH MEDICAL PLAZA - 6 GPA 07-07, based on the following findings: 7 Findings: 1. The Planning Commission finds that the project, as conditioned herein, is in Q conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated December 5,2007, including, but not limited to the following: 10 Land Use: The Land Use redesignation of 1.94 acres from Planned Industrial 11 (PI) to Office (O) is for the purpose of developing a professional medical office building. The proposed Office Land Use designation would be compatible with 12 adjacent Planned Industrial, Office, and Open Space land uses. 1 -j Land Use: The project is not adjacent to the McClellan-Palomar Airport; is not subject to the height limitations in the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP); is located outside the 60 dB CNEL noise 15 contour; is outside the Runway Protection Zone and Flight Activity Zone; and has been determined to be consistent with the McClellan-Palomar Airport ALUCP by the San Diego County Regional Airport Authority on October 4, 17 Circulation: The change of Land Use to Office increases the traffic generation over the Master Plan levels by 548 ADT. This increase was analyzed by Urban 19 Systems Associates, Inc. in their letter report dated October 17, 2007. Their analysis showed that for "Year 2020 With Project," the El Camino Real/Town 20 Garden Road intersection still operated at Level of Service (LOS) of D or better. Therefore, the proposed changes would not result in any new significant project traffic impacts over those analyzed and mitigated in the Bressi Ranch 22 Master Plan EIR. 23 Open Space and Conservation: The proposed project maintains adequate buffers from native habitat areas and is consistent with the adopted City of 24 Carlsbad Habitat Conservation Plan. 25 2. The Planning Commission of the City of Carlsbad does hereby find: 26 a. It has reviewed, analyzed, and considered the Negative Declaration Bressi Ranch 27 Medical Plaza - GPA 07-07/MP 178(F)/CT 07-04/SDP 07-03/PUD 07-04/SUP 07-01 the environmental impacts therein identified for this project and any 28 comments thereon prior to RECOMMENDING APPROVAL of the project; and PC RESO NO. 6360 -2- b. The Negative Declaration has been prepared in accordance with requirements of 2 the California Environmental Quality Act, the State Guidelines, and the Environmental Protection Procedures of the City of Carlsbad; and 3 c. It reflects the independent judgment of the Planning Commission of the City of Carlsbad; and d. Based on the EIA Part II and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. . 3. 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. Conditions: 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 12 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 j A 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 15 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this General Plan Amendment. 16 . Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the General Plan Amendment documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed 19 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. 22 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 23 are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies 25 with all requirements of law. 26 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 27 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 General Plan Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and PC RESO NO. 6360 -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 (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 6. This approval is granted subject to the adoption of the Negative Declaration and approval of MP 178(F) and is subject to all conditions contained in Planning Commission Resolutions No. 6359 and 6361 for those other approvals. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of December 2007, by the following vote, to wit: AYES:Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez, Douglas, and Montgomery NOES: ABSENT: Commissioner Whitton ABSTAIN: JULIE pAKBR, Chairperson CARLSBADJLANNING COMMISSION DONNEU Planning Director PC RESO NO. 6360 -4- GPA 07-07 Bressi Ranch Medical Plaza 12/05/2007 EXISTING PROPOSED Related Case File No(s): MP 178(F), SDP 07-03, PUD 07-04, SUP 07-01. CT 07-04 G.P. Map Designation Change Property From:To: A. 213-260-01-00 B. C._ PI 0 PLANNING COMMISSION RESOLUTION NO. 6361 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 4 APPROVAL OF A MASTER PLAN AMENDMENT TO CHANGE THE LAND USE AND ZONING DESIGNATION OF 5 PLANNING AREA 1 OF THE BRESSI RANCH MASTER PLAN FROM PLANNED INDUSTRIAL TO OFFICE FOR 6 PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF EL CAMINO REAL AND TOWN GARDEN 7 ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 17. g CASE NAME: BRESSI RANCH MEDICAL PLAZA CASE NO.: MP 178fF) 9 WHEREAS, David Di Rienzo, "Developer," has filed a verified application with 10 the City of Carlsbad regarding property awned by Bressi Ranch Medical Plaza, LLC, 12 "Owner," described as 13 Lot 1 of Carlsbad Tract 02-15 Bressi Ranch, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 14960, filed in the office of the County , r Recorder of San Diego County, February 4,2005 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a General Plan18 Amendment as shown on Exhibit "MP 178(F)" dated May 25,2007, attached hereto and on file 20 in the Carlsbad Planning Department BRESSI RANCH MEDICAL PLAZA - MPA 178(F) as 21 provided in Government Code Section 65350 et seq. and Section 21.52.160 of the Carlsbad 22 Municipal Code; and 23 WHEREAS, the Planning Commission did, on the 5th day of December 2007, 24 consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony 27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 28 relating to the Master Plan Amendment. 4 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. - B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of BRESSI RANCH MEDICAL PLAZA - MPA 178(F) based on the following findings and subject to the following conditions: 7 Findings: o 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 10 report dated December 5, 2007, including but not limited to the following: that the Office Land Use and Zoning designation would be compatible with the surrounding 11 Planned Industrial, Office, and Open Space land uses and the project has been found compatible with the Airport Land Use Compatibility Plan for the McClellan- Palomar Airport. 13 2. That all necessary public facilities can be provided concurrent with need and adequate 14 provisions have been provided to implement those portions of the Capital Improvement Program applicable to the subject property, in that all public facilities are existing or are conditioned to be installed concurrent with the project. 3. That the proposed commercial and industrial uses will be appropriate in area, location, 17 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 18 development will meet performance standards established by Title 21, in that the project is compatible with the existing and future uses and that there is a need for medical office facilities. The medical office use is centrally located and takes access from a 2Q prime arterial roadway, El Camino Real. The project meets or exceeds the development standards of the Office Zone. 21 4. That the streets and thoroughfares proposed are suitable and adequate to carry the 22 anticipated traffic thereon, in that El Camino Real has adequate capacity to handle the ,.,, traffic generated by the project. 24 5. That the area surrounding the development is, or can be planned and zoned, in coordination and substantial compatibility with the development, in that the proposed 25 project is compatible with adjacent uses of Planned Industrial to the north, which allows professional office development, the adjacent Office site to the south, which is ^ planned for medical offices, and the designated Open Space to the east. 27 6. The Planning Commission has reviewed each of the exactions imposed on the Developer 2g 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. PCRESONO. 6361 -2- 1 2 3 4 5 6 7 10 13 14 15 16 17 18 20 21 22 2. 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 substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 3. 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 4. This approval is granted subject to the adoption of the Negative Declaration and Conditions: 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 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 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 Master Plan Amendment. 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 Master Plan Amendment, (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 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. approval of GPA 07-07 and is subject to all conditions contained in Planning Commission Resolutions No. 6359 and 6360 for those other approvals incorporated herein by reference. 5. Prior to the issuance of any permits for the project, the applicant shall submit to the „ Planning Director a digital copy and a camera-ready master copy of the Bressi Ranch Master Plan - MP 178(F). 24" 25 26 27 28 PC RESO NO. 6361 -3- 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." 5 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 6 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 12 expired. 13 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning 1 Commission of the City of Carlsbad, California, held on the 5th day of December 2007, by the following vote, to wit: 16 AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez, Douglas, and Montgomery 1 s15 NOES: 19 ABSENT: Commissioner Whitton 20" 21 22 23 JULIE BlAKER| Chairperson24 CARLSBA~B-P£ANNING COMMISSION 25 26 ATTEST: 27 28 DON NEU Planning Director PCRESONO. 6361 -4- Exhibit MP178 (F) December 5, 2007 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MASTER PLAN 3 AMENDMENT TO REPLACE TEXT IN VARIOUS CHAPTERS AND VARIOUS EXHIBITS OF THE BRESSI RANCH MASTER 4 PLAN. CASE NAME: BRESSI RANCH MEDICAL PLAZA 5 CASE NO.: MP 178(R 6 WHEREAS, the City Council of the City of Carlsbad, California, has reviewed and 7 considered a Amendment to the Bressi Ranch Master Plan (MP 178) to replace text and amend 8 various Exhibits in the Master Plan; and 9 WHEREAS, the City Council did on the day of t 2007, 10 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, 12 case number MP 178(F), consistent with Chapter 21.38 of the municipal code as shown on Exhibit "MP 178(F)", attached hereto and incorporated herein by reference. The City Council of the City of Carlsbad, California does ordain as follows: 15 SECTION I: That Master Plan Amendment MP 178(F) replaces text in the Bressi Ranch Master Plan, as shown on Attachment MP 178(F). 17 SECTION II: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 6361 shall also constitute the findings and conditions of •19 the City Council. 70 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 21 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation within fifteen days after its 23 adoption. 24 /// 25 /// 26 /// 27 //; 28 "'We 1 2 4 5 6 7 8 9,, APPROVED AS TO FORM AND LEGALITY 10 RONALD R. BALL, City Attorney 13 14 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the '• day of , 2007, and thereafter. PASSED AND ADOPTED at a regular meeting of said City Council held on the day of , 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDEA. LEWIS, Mayor 15 ATTEST:16 17 _ LORRAINE M. WOOD, City Clerklo 19 (SEAL) 20 21 22 23 24 25 26 27 28 8. Growth Management. .111-3 9. Dedications 111-3 10. Public Facilities III-3 11. Zoning III-4 12.Location of Improvements III-4 13. Community Associations III-4 a. Residential Areas & Open Space III-4 b. Non-Residential Areas III-5 c. General Provisions Applicable to all Associations lli-5 14.Architectural Review Board III-8 15. Exterior Home Improvements ,. III-8 16. Recreational Vehicle Storage III-8 B. General Plan ...III-9 C. Zoning III-9 D. Relationship to General Plan & Other Applicable Planning Documents 111-10 E. Land Uses 111-10 1. Planned Industrial 111-12 2. Office 111-12 3. Community Facilities 111-12 4. Mixed Use 111-12 5. Residential 111-13 6. Open Space 111-14 2002 -•^.:-'f>:'^--^&M^'i\:--.-"t-\'--^~^~-..x;r:ifc,v^^i;;^ :, ••;•«$£&&££ Planning Area/ Open Space Area ^^sRIincIii^iapjSmi PA1 PA2 I I PAS PA4 PAS PA14 subtotal f<SSj^^ntiaBilS^ft i PA6 PA7 PAS PA9 PA10 PA11 PA12 subtotal . i^am&^^^&ss^ PA13 subtotal -*ifi:lp^Use^«^:* I PA15 I subtotal |t?£f#3&pin>:S'pafce^©T OS1 OS 2 ! OS 3 |- OS 4 I OS 5 , OS 6 subtotal TOTAL: General Plan . Designation O PS PJ PS Pi Pi ?$iSS2sft*gl:iftl RM RMH RMH RLM RLM RLM RMH CF/P ^!PiP«tKStsa RH/L/CF ^iiRftiftewS?" OS OS OS OS OS OS Zoning "ii^Sl^WjM^^ ; O r PM . PM PM PM PM . RD-M RD-M RD-M R-1 R-1 R-1 RD-M CF • ;ym?^^m!W^ RD-SWC-2/CF OS OS OS OS OS OS Units (residential) — — — — — — %t£i£/iSI& 64 99 93 72 86 10 . 94 523 riW?ftiPS|& — 100 100 !E^.:<S;i.a;5S3Sijg;;i;:" ' . — 623 Sq.FL (non-res) ** ** ** ** ** •• 2,160,500** — — — — — Acreage ••-' '' -.-ifrf-sff^l:•:,..'•'•• ^fjff^K-':''.' 2.5 • I 27.5 | 47 I 44 28 I 1.1 I] 150.1 •v^'tSlS^3^| 16.2 20 | 19.9 1 26.8, 31.5 | — j 36.4 | — 138,000 138,000 iJWftlSftW'' $$&:$&' 130,000 130,000 ^SiiS|:pg^w*^p| — — — — • — — * ^gj^gSSffifp 2,428,500 24.1 154.9 | ;^^'^?i«Spj 13.7 | 13.7 - i!W:-^^ieSP^S:| 27.7 1 27.7 S J*i®8ili|l 16.9 I 4.0 J 39.5 I 98.9 I 11.0 20.4 190.7 I 585.1 I! " Totai of 2,160,500 sq. ft of noswresiderrtial spacs {PA 1-5,&14} 1-2 *V—AMV«! RD-M Laid Use/Zoning I RLM UwMetfumDsistyflW) /R-1 One Family Residential RM MedumDereity (4-8) /RDM Residential DensBy Multiple FWH Medium High (B-15)/ResMential Medium-High Density RH KgnDesty (15-23) irdudaiinRHUCi=)-/RDM aotct^ FfesdaHid CF CcmnntyFsDlities/CF Community FaciBties UCFLxal Sxipping Cater art Cocrmrity FaaTrti e • (See RH above) /C-2/CF R Barred Industrial /PM Planned Industrial CS Cpen^ax /OS Open Space MgcrRootN^s Sublets Ncmstfeti^ RrialTcd GTCEB Ao-e^1 94.7 16.2 64.0 27.7 202.6 137 27.7 1TO 133.7 23.0 410.2 585.1 Net DU Ao-e^1' lAae® 74^ 11.5 58.3 257 170.7 3.2 6.0 11.5 19.0 T 13.6 27^-wsi 186.9 Man nun OLWSF 236 69 670 507 - 1482 138)000 130,000 2,160,500 (RLM) PA-11 R-1 Legend m Qtsstdd piaringareeB and nd unoonSra ned areas a-ssutjal to arg'neeringaid bordaYvarificalcn BMa<imjTid3istypBTrittedfcyQw»thCortid OtSraxs * Combined district may be all or a portion of RHfUCF - Although the net acreages of the residential planning area would allow for the development of up to 1482 dwelling units.the Master Plan will established a maximum cap of 623 dwelling units. General PlarrDesigna Planning Area Zoning Bressi Ranch A planned community in the City of Carlsbad,CaIifomia -72I 4- Local Facilities Management Plan (LFMP) for Zone 17 - An LFMP for Zone 17 was prepared in conformance with the requirements of Chapter 21.90, Growth Management, of the Carlsbad Municipal Code. The Zone 17 LFMP demonstrates how and approximately when each public facility will be developed within Zone 17 to accommodate the Master Plan development. It also provides a financing plan for the necessary public facilities. 2. Future Discretionary Applications The following applications will be processed at some future date to allow for the development of the Master Plan: Tentative Tract Maps - Tentative Tract Maps will be required to subdivide the residential planning areas to create individual lots or ownership units. Tentative maps may also be submitted to further subdivide the commercial and industrial portions of the Master Plan at the option of the developer. Planned Development Permits - These permits will be processed pursuant to Chapter 21.45 of the Carlsbad Municipal Code and must be submitted with any tentative map that creates lots less than 7,500 square feet in size, ownership multifamily units, or neighborhoods served by private streets. A Non-Residential Planned Development Permit pursuant to Chapter 21.47 must be submitted with any non-residential tentative map that creates industrial lots less than one acre in size, or lots that do not have frontage on a public street or have shared access or parking. Conditional Use Permits - Pursuant to Chapter 21.42, Conditional Use Permits must be submitted for the development of a church, other community facility, private school, assisted care facility, service station or other uses allowed by Chapter 21.42 of the Carlsbad Municipal Code. Site Development Plan - Site Development Plans will be required to establish the design of the mixed-use area, for the development of affordable apartments, commercial areas, a daycare facility and the Village Green. Planned Industrial Permit - Pursuant to Chapter 21.34, a Planned Industrial Permit must be processed for development in Planning Areas 4r 2, 3, 4, 5 and 14. 1-15 B. General Plan The General Plan designations of the Bressi Ranch Master Plan are shown on Exhibit 1-9 on page 1-14. These designations are: P-l - Planned Industrial O Office and Related Commercial L - Local Shopping Center RLM - Residential Low-Medium - single-family RM - Residential Medium - single-family or attached multi-family RMH - Residential Medium High - small lot single-family or attached multi-family« RH - Residential High - attached multi-family OS - Open Space C - Community Facilities P. - Private School C. Zoning Concurrent with the approval of the Bressi Ranch Master Plan, the zoning of this site was changed from Limited Control (L-C) to Planned Community (P-C). Since the P-C Zone requires the designation of underlying zoning, each of the planning areas and open space areas has been assigned an underlying zoning designation. Pursuant to the powers of Chapter 21.38 of the Carlsbad Municipal Code (Planned Community Zone), this Master Plan shall constitute the zoning of all lands within the Master Plan. No person shall use or develop contrary to the provisions of the Master Plan. All provisions of the Master Plan are imposed as a condition of zoning. Approval of this document does not excuse compliance with all other applicable City ordinances in effect at the time building permits are issued. Unless modified by this Master Plan, or approval of a Planned Development Permit or Non-Residential Planned Development Permit, all development shall comply with the requirements of the underlying zoning as shown by Exhibit I-9 on page 1-14. These underlying zoning designations are provided below: 111-9 Planning Areas Zone 1 O (Office) 4r 2, 3, 4, 5, 14 P-M (Planned Industrial) 6, 7, 8, 12 RD-M (Residential Density - Multiple) 9, 10, 11 R-1 (One Family Residential) 13 CF (Community Facilities) 15 C-2/RD-M/CF (General Commercial/Residential Density Multiple/ Community Facilities) Open Space Areas 1-6 O-S (Open Space) D. Relationship to General Plan & Other Applicable Planning Documents The Bressi Ranch Master Plan is consistent with .and implements the Carlsbad General Plan, the Planned Community t Zone, the McClellan-Palomar Airport Comprehensive Land Use Plan, the Carlsbad Habitat Management Plan, the El Camino Real Scenic Corridor, the Carlsbad Landscape Manual and all other applicable planning and regulatory documents. Appendices A and B provide a consistency matrix showing how the Bressi Ranch Master Plan conforms with the Carlsbad General Plan and the other above-mentioned documents, respectively. E. Land Uses There are five six major General Plan land use types within the Bressi Ranch Master Plan. The land uses are office, industrial, community facility, commercial, residential and open space. Exhibit 1-1 on page I-2 shows how the land uses have been divided into fifteen planning areas and six open space areas. Exhibit 111-1 on page 111-11 provides the acreage and buildout potential for each planning area and open space area. 2002 *<111cc:< CD D_ ca CD UJ Z UJ O General PlanGrowth ControlGrowth ControlDwelling UnitsCD •§ In O- Z -210 "8>• c 1 2"i «"•'S «2"£ 2t3 o0 (08o GeneralPlanIT,i £to < D. u_ CO Dwelling UnitsPer AcreCO(11* s -s u. T) CO UJ Q co £ ^ g 1 "co tz'toa>Q Neighborhoodin CM o 0 oa in CM O O T—<Q. COcoCM i O CM N. v- inN.CM I E CN < CL O f-•* i O 0 0o or*-•sr i E co <Q_ O ? i i O 0 o 0 o•*^r 2a. E •^r <CL t>~ I»~CM i O 0 COo 0 COCM 2 a. E in £ C35CO O CD W *• Ocr> 0 CO r-o o CM CD T— 2 Qo: o: CD £ o^~ CM in CO CO T— 05 0 CO t— CD O CM O O 0CM 2 QOL T o: N. 2 co CN in T- CO CO CM •*t CM 0 O i- o enen V 1££. X IT 02 <Q. r»-N- CMco S CO CO CO 0o en 0 00 CDCM T-t£ s 5: O5 ^ COco CMco encoCM o CO o CO in o T"- in co Vcc S cr o•r" 25 •^rr~- CMco' CM COCM CMco co CMv~ Tf CM co•^r T COCO s s OL V" t coS inx— •* CM r>- T™ CM .CM Oo o T" T-s 1o: X2o: CM i oo CO CO CD CO 1 1 T-o oo s. co ^ u.0 Q.in0 co T- t inS SUBTOTALT- T- 1 1 0o oo •^ T- ^d. E •* ^ N.oin O) T- t^-COCM ' ino o T— T—O • -<r 0 N- 1^CM RD-M/C-2/CFRH/L/CFin i C35 CM i i co CO •«»•o atcoT- enO COO Tr- CCO co co in o CM 0 o1^- COo COo CM CO0 o COCO 0o COin inenCO COO § coCO0 o CDCO 0o en CM en 00o> toO CO0 •*COO o T* 1 1 COo T—o o *~ CO.0 COo inCOO CM Tf i h-m m 0 •toCM COO COO CO COO •*t>~CM i CM O •* 0 O COCM 1C£ enT3cc Occ 1 * CMco^r T-mcoin "co ?verification.^ca•o o.a T3 CO c subject to engineer!£CO CO < * T5 CD J= C£coCDCOCDa: 3?O ^± » CO3•o sumption of 40% LightCOCO CO§ T3 coCO o 15,000 ADT b^~*toa>1 I "1 "CD £CO crCOoo o"co T— CM" "o ~5"oK^« CO coCDCO CO3_o CO CD. £ COCDO5 2'c Qi.odeling purposes. TheEoe2 o ^CDCO COca COCDco3 "o C 1 CO£.Q CO H- a>u EO 3? 0CM •a ca "c CD Ea.o CD 0) Q Q Oooin ^CDU CD O O•a tn•ocCO co"n Planning Areas 1, 2.COCDCO i 43 •n traffic generate'CD£ CO CO O) I coCO ^s time of developmelIU "5 CO l»»o Xco CO 'c3 8 T" 1 CO en.c'> T3CD 'eo coCO £sc?•a n" <a •o CO COeT -D s: £iommercial, chuu "o CO 1 development - MaxCDCO T5CD_X 2 «HI<ty residential.'co CDT3 O5 2 development of up toCD w 2. CO 2 o CO£ COen "c CO CL CCD 2 £ CD he net acreages of t£o> o 5 ^ ** JO 'c O) 1 CO CMCO "5 Q.COr i sh a maximum i;= £CD ir Plan willCD to CO CD jo" '£ en "CD i CM CO T- gvo S -0 , and J.= Slopes of 25°;£t to CO me CO1- o> T3 •i eo" TJ COi u. •a CO U-l 3?o A CO CDa.o COiiQ efmitionsQ [f i ^^^52. *** ^.^*s 1 . ^,^^5 ^1 1. Planned Industrial (PI) Due to their geographical locations, Planning Areas 1,2, 3, 4, 5 and 14 have a designation of Planned Industrial (P-l). These planning areas comprise part of the central industrial core of the City of Carlsbad, are bordered by regional arterials, and are located in close proximity to Palomar Airport and lie within the McClellan-Palomar Airport Influence Area. Planning Areas 1, 2, 3, 4 and • 5 will be developed with a combination of corporate office, light manufacturing and research and development uses, and Planning Area 14 may be developed with an industrial serving commercial use such as a service station/convenience store/car wash. The uses within these planning areas will be developed in accordance with the recommendations of SANDAG's Comprehensive Land Use Plan for McClellan-Palomar Airport and the County's Airport Master Plan. Portions of Planning Areas 2, 3, 4 and: 5 are within the Flight Activity Zone of McClellan-Palomar Airport. A small part of Planning Area 3, near the intersection of Palomar Airport Road and El Camino Real, is also within the Runway Protection Zone. Development within these areas will be limited in scope in accordance with the recommendations of SANDAG's Comprehensive Land Use Plan for McClellan-Palomar Airport. Exhibit I-4 on page I-6 shows the boundaries of the Airport Influence Area, Flight Activity Zone and Runway Protection Zone. 2. Office (0) Planning Area 1 is designated to be developed with medical offices to serve the community as well as the residents of Bressi Ranch Master Plan Area. The development of medical offices at this site would be compatible with the proposed medical office development to the south of Planning Area! Planning Area 1 is located within the McClellan-Palomar Airport Influence Zone : however, the subject site is not located within the Flight Activity Zone and is wholly outside the 65 dBN CNEL noise contour. Proposed development applications within Planning Area 1 will be required to process a Special Use Permit to demonstrate compliance with the El Camino Real Scenic Corridor Guidelines. 3. Community Facilities (CF) Planning Areas 13 and 15 will be developed with community facilities to serve the residents of the Bressi Ranch Master Plan. In accordance with the requirements of Chapter 21.25 of the Carlsbad Municipal Code, a minimum of 5.09 acres of community facilities, including a 2-acre day care center, must be located in Planning Area 13 and/or 15 of the Bressi Ranch Master Plan. A portion of the community facilities, which may include a day care center, will 1-12 1 Legend I Open Space (Public Health and Safety) ) Open Space \ \ (Preservation of Natural Resources) \ ' ) Open Space I , (Except forO.S. 1 these recreation areas am conceptual in size & location, the exact design to be approved as / / part of the Tentative maps) ^ / / / ' HI-2 W M C^ tf CMhDM. 00 1 *—SiVon d <D«)MtfMr in VB C*y d CMwad. Ciuwnu Industrial / Office Entries into the industrial/office areas will have a less formal landscape scheme than those leading to the residential areas. Streets within the industrial garden shall be bordered by informal groves behind a contiguous sidewalk, with an evergreen backdrop to help screen views of industrial/office uses. The industrial/office buildings shall be designed and sited to encourage an outdoor walking experience for employees. Natural Open Space The streetscape adjacent to natural open space areas will be informal and provide a transition from natural vegetation to the street. Open and closed views of the open space shall occur along the length of the open space. Within the open space areas, trails and interpretive view decks shall be constructed to engage pedestrians in a "story telling experience". Arterial Roadways The four major streets adjacent to and within the Master Plan (Palomar Airport, El Camino Real, El Fuerte Street and Poinsettia Lane) each have a predetermined landscape character as defined in the Carlsbad Landscape Manual. This pattern will be continued throughout Bressi Ranch on these arterials. B. Landscape Palette The following table in Exhibit V-2 on page V-4 provides the landscape palette for the Circulation Element roadways and internal roadways within the Bressi Ranch Master Plan. Palomar Airport Road, El Camino Real, El Fuerte Street, and Poinsettia Lane have established landscape patterns defined by the Carlsbad Landscape Manual. Except for Poinsettia Lane, all of these arterial roadways will be landscaped in accordance with the landscape patterns established by Carlsbad's Landscape Guidelines Manual. Poinsettia Lane will have a different landscape palette to match the plantings within the portion of Poinsettia Lane that has already been constructed in the Rancho Carrillo Master Plan to the east. Trees used for the streetscape of individual planning areas are to be selected from the recommended plant list (see Exhibit V-3 on pages V-5 to V-8). C. Landscape Zones The general landscape zones for the Bressi Ranch community, as shown by Exhibit V-4 on page V-9, consists of four zones as specified in the City of Carlsbad Landscape Manual. These zones are based on the type of visual V-3 <$) B. Office and Industrial Planning Areas (PA 1-5 & 14) One or more of the following administrative or discretionary applications shall be filed either concurrently with or subsequent to the application for a tentative map in Planning Areas 1-5 & 14. Planned Industrial Permit A Planned Industrial Permit processed pursuant to Chapter 21.34, Planned Industrial Zone of the Carlsbad Municipal Code, shall be obtained for the development of any permitted use in Planning Areas 4^- 2, 3, 4, 5 & 14. A Planned Industrial Permit shall also be required for the modification of any existing building in excess of twenty-five percent of the building's valuation. Planned Industrial Permits shall be administratively reviewed and approved by the Planning Director. All development proposed by a Planned Industrial Permit shall be in conformance with the requirements of the Planned Industrial Zone, the Development Standards and Design Criteria of the Bressi Ranch Master Plan and CC&Rs and Design Guidelines for the Industrial area of the Master Plan. If there is a conflict in the standards or requirements of the abovementioned ordinances or policies, the requirements of the Bressi Ranch Master Plan shall prevail. Non-Residential Planned Development Permit A Non-Residential Planned Development Permit in conformance with the requirements of Chapter 21.47 of the Carlsbad Municipal Code shall be processed concurrently with all tentative maps that propose lots that do not front on a public street, postage stamp lots, air space condominiums or lots/units that share access or parking. Conditional Use Permits A Conditional Use Permit shall be required for all uses designated as conditional uses by Chapter 21.34 and 21.42 of the Carlsbad Municipal Code. The review and approval of a Conditional Use Permit shall include building placement and design. The approval of a Non-Residential Planned Development Permit or Conditional Use Permit, both of which address building placement and design shall supercede the need for approval of a Planned Industrial Permit. VI-2 VII. INDUSTRIAL/OFFICE DEVELOPMENT STANDARDS & DESIGN GUIDELINES The following design guidelines will promote high quality design including landscaping, architecture and overall construction for all office and industrial development in Planning Areas 1-5 and 14 of the Bressi Ranch Master Plan. In accordance with the Land Use Element of the Carlsbad General Plan and the El Camino Real Scenic Corridor Development Standards, development in these planning areas will be designed to provide opportunities for research and development industries in a campus setting. The design guidelines are general and may be interpreted with some flexibility in their application to specific projects. Variations may be considered for projects with special design characteristics that still meet the general design objectives of these guidelines. All development in Planning Areas 1-5 and 14 of the Bressi Ranch Master Plan, subject to review by the City, shall adhere to these guidelines where applicable. A. Development Standards Unless modified in the development standards of the individual Planning Areas, all development in Planning Areas 4- 2-5 and 14 shall comply with the development standards of the P-M Zone, Chapter 21.34, of the Carlsbad Municipal Code. All development in Planning Area 1 shall comply with the development standards of the O zone. Chapter 21.27 of the Carlsbad Municipal Code. B. Industrial Driveways Exhibit VII-1 on page VII-2 shows the location of potential driveways serving future office/industrial development in Planning Areas 1-5. The individual exhibits for Planning Areas 1-5 also show these driveway locations. A minimum spacing of 300 feet will be provided between driveways serving Planning Areas 1-5, measured from the centerlines of the driveways or street intersections. Sight distance lines will be provided in accordance with the current edition of the CalTrans Highway Design Manual and all applicable City standards and policies. Obstructions in excess of 30" in height will not be permitted within the sight distance lines. None of the Planning Areas shall gain direct driveway access from El Camino Real or Palomar Airport Road except for the right turn in and out shown in Planning Area 5. Exhibit VII-1 shows the maximum number of driveways that could be developed in accordance with City standards and policies dealing driveway locations. Typical ground-mounted equipment such as transformers, cooling and heating units shall be screened with walls and/or landscaping. Downspouts - Downspouts shall be concealed on facades. E. Sign Criteria All signage shall be compatible in appearance and scale with the adjacent buildings and shall comply with the requirements of Chapter 21.41 of the Carlsbad Municipal Code. F. individual Planning Area Standards 1. Planning Area 1 Description Planning Area 1 (see Exhibit VII-11 on page VII-18) is located in the western portion of the project, south of Palomar Airport Road, and is bordered on the west by El Camino Real. Open Space Area 1 is on the eastern side of Planning Area 1, and a more extensive industrial area, Planning Area 2, is located to the north. The eastern side is also the location of a possible frontage road connecting to The Villages of La Costa. Planning Aroa 1 is the smallest of the five industrial planning areas located.within the Bressi Ranch Master Plan. The small size of Planning Area 1 is created by the fixed location of the access road off of El Camino Real, the open space to the east and the property boundary to the south of the area. Planning Area 1 has a gross area of 2.5 acres and a net developable area of 2.5 acres. The exact developable acreage of this site may be less if it is determined that a frontage road must go through Planning Area 1, Implementation of Master Plan Vision and Goals Planning Area 1 is designated as Planned Industrial Office due to its location within the Palomar Airport Influence Area, and its location adjacent to other major industrial development on the west side of El Camino Real and within the Master Plan area (Goal 1). Residents of the Master Plan may access Planning Area 1 using the sidewalks along the public streets within the Master Plan area, which meets Goal 2 of this plan. In addition, a variety of Office uses are allowed in Planning Area 1, which could provide a range of job types available (Goal 5). VI1-17 2002 Legend Access VIASAT BUSINESS PARK / ENTRY NALJZED ACCESS) / Concept Sketch (for illustrative purposes only) jli[ Detention Basin Open Space Fire Protection Zone City Wide Trail Setbacks(Width in Feet) Bus Stop/Bus Turnout Runway Protectioa Zone Airport Influence Area General Plan Land Use: .0 \. Zoning: O Product: Indiistrial/Office/Warehouse Per P-MZone as further restricted by Master Plan Aplanned community in the C'rty of Carlsbad, California 3-26-02 Bressi PA1.cdr General Plan & Zoning General Plan Land Use: Planned Industrial (PI) Office (0) Zoning: Planned Industrial (P M) Office (0) Discretionary Permits Required for Development All development proposals shall be processed in conformance with the requirements of the Carlsbad Municipal Code as detailed in Chapter VI of this Master Plan. Uses Allowed Office, Research & Dovolopment, Light Manufacturing and Warehousing, and all uses identified in Section 21.34 21.27 of the Carlsbad Municipal Code (P- M O Zone) are allowed in Planning Area 1. Use Restrictions No facilities in the development shall store, handle, or use toxic, or highly toxic gases as defined in the most recent Uniform Fire Code (UFC) at quantities that exceed exempt amounts as defined in the most recent UFC. Facilities which store, handle, or use regulated substances as defined in the California Health and Safety Code §25532(g) in excess of threshold quantities shall prepare risk management plans for determination of risk to the community. Facilities which store, handle, or use any quantity of a toxic or highly toxic gas as defined in the most recent Uniform Fire Code which are also regulated substances as defined in the California Health and Safety Code §25532(g) shall prepare an offsite consequence analysis (OCA). This analysis shall be performed in accordance with Title 19 of the California Code of Regulations §2750.2 through §2750.3. If the OCA shows the release could impact the residential community, the facility will not store, handle, or use the material in those quantities. If a decrease in the quantity of material reduces the distance to toxic endpoint to where the community is not impacted, the facility shall be able to utilize the material in that quantity. VIM 9 M* 2002 Design Criteria In addition to complying with the design criteria contained in Sections VILA, B and C of this Master Plan, development in Planning Area 1 shall comply with the following design criteria: • A frontage road may be constructed along the easterly edge of Planning Area 1 from Street A to the southern boundary of Planning Area 1 to connect to the frontage road in Neighborhood 1.1 of the Villages of La Costa Master Plan. The exact location and need for this frontage road will be determined as a part of the review of detailed development plans for Planning Area 1 and the adjacent property to the south in the Villages of La Costa Master Plan. « Planning Area 1 may be developed in conjunction with the industrially Office designated property to the south in the Villages of La Costa Master Plan. Development Standards Planning Area 1 shall be developed in accordance with the Planned Industrial {P-M) Office (O) Zone standards set forth in Section 2-4-^4 21.27 of the Carlsbad Municipal Code, which include the following setbacks. All development in Planning Area 1 shall comply with the setback requirements of Section 21.34.070 21.27.040 of the Planned Industrial Office Zone. All setbacks are measured from the right of way line. The following paragraphs summarize these setback requirements. • Front or Side Yard facing El Camino Real, Palomar Airport Road or El Fuerte Street - Minimum setback of fifty (50) feet fully landscaped and irrigated shall be provided. Subject to approval of the Planning Director the landscaped portion of tho setback may bo reduced to thirty five (35) feet to accommodate a driveway along the portion of the setback farthest from the right of-way. • Front or Side Yard on a Collector, Local or Private Street - Average The setback of thirty five (35) twenty (20) feet with a minimum of twenty five (25) foot. This setback shall be fully landscaped. » Side Yard Interior - Ten (10) feet fully landscaped and irrigated. • Rear Yard - Twenty (20) Ten (10) feet, of which ton (10) foot adjacent to the rear property line shall be fully landscaped and irrigated. • Projects in Planning Area 1 shall process a Special Use Permit per the requirements of the El Camino Real Scenic Corridor study concurrent with any other discretionary permit, or a Planned Industrial Permit. VII-20 MA. 2002 J V—!Wji» Legend Master Plan Entry Industrial Pa Residential Entry WPUf'WQWfe' o'^j?^';';«, '1\^ PLANNING COMMISSION RESOLUTION NO. 6362 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO ALLOW THE SUBDIVISION 3 OF A 19,760 SQUARE FOOT TWO-STORY MEDICAL OFFICE BUILDING INTO 10 NON-RESIDENTIAL AIRSPACE 4 CONDOMINIUM UNITS ON A 1.94 ACRE LOT LOCATED ON 5 THE SOUTHEAST CORNER OF EL CAMINO REAL AND TOWN GARDEN ROAD IN PLANNING AREA 1 OF THE 6 BRESSI RANCH MASTER PLAN AND IN LOCAL FACILITIES MANAGEMENT ZONE 17. 7- CASE NAME: BRESSI RANCH MEDICAL PLAZA 0 CASE NO.: CT 07-04 o 9 WHEREAS, David Di Rienzo, "Developer," has filed a verified application with 10 the City of Carlsbad regarding property owned by Bressi Ranch Medical Plaza, LLC, "Owner," rr described as 12 Lot 1 of Carlsbad Tract 02-15 Bressi Raach, in the City of 13 Carlsbad, County of San Diego, State of California, according to the map thereof No. 14960, filed in the office of the County 14 Recorder of San Diego County, February 4,2005 15 ("the Property"); and 16 17 WHEREAS, said verified application constitutes a request for a Nonresidential 1 8 Planned Development Permit as shown on Exhibits "A" - "M" dated December 5, 2007, on file 19 in the Planning Department BRESSI RANCH MEDICAL PLAZA - CT 07-04 as provided by 20 Chapter 21.47 of the Carlsbad Municipal Code; and 21 ?2 WHEREAS, the Planning Commission did, on the 5th day of December 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 25 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 26 relating to the Tentative Tract Map. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission 3 APPROVES BRESSI RANCH MEDICAL PLAZA - CT 07-04 based on the following findings and subject to the following conditions: 4 s- Findings: 6 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any 7 applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the proposed subdivision complies with all minimum requirements of Title 20, has been o designed to comply with the Nonresidential Planned Development Ordinance, and the Office (O) Zone development standards. 10 2. That the proposed project is compatible with the surrounding land uses since the subject 11 and surrounding properties are designated for Office, Planned Industrial, and Open Space development on the General Plan. 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate medical office development, in that 14 the project complies with all development standards and public facilities requirements without the need for a variance from development standards. 15 4. That the design of the subdivision or the type of improvements will not conflict with 16 easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that concurrent with the recordation of the final map the developer will vacate and I g adjust any easements that conflict with the proposed development. 19 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 20 6. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the structures are 22 oriented in a manner that allows for solar exposure and to take advantage of prevailing breezes. 23 7. That the design of the subdivision and improvements are not likely to cause substantial 24 environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the project site has been previously graded and no natural resources exist on the site. rj£ 8. That the discharge of waste from the subdivision will not result in violation of existing 27 California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with, and conditioned to comply with, the National 28 Pollution Discharge Elimination System Standards to prevent any discharge violations. PC RESO NO. 6362 -2- 9. The Planning Commission finds that the project, as conditioned herein, is in 2 conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated December 5,2007 including, but not limited to the following: 3 a. Land Use - The proposed project is consistent with the Office (O) General 4 Plan Land Use designation and all development standards of the Bressi Ranch Master Plan. $ b. Circulation - All public infrastructure necessary to serve the project has been constructed in accordance with City standards. 7 c. Noise - The project is not significantly impacted by roadway noise from El Camino Real and is wholly outside the 60 CNEL noise contour of the o McClellan-Palomar Airport. 10 10- • The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 17 and all City.public facility policies and 11 ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 13 facilities; libraries; government administrative facilities; and open space, related to the project will.be installed to serve new development-prior to or concurrent with need. 14 Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified lg School District that the project has satisfied its obligation for school facilities. 17 b. Developer shall pay non-residential park-in-lieu fee to the City, prior to the approval of a building permit or the final map to be used for park facilities within 18 Zone 17. 19 11. The project has been conditioned to pay any increase in public facility fee, or new 20 construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to 21 Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 12. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 17. 24 13. That all necessary public facilities required by the Growth Management Ordinance will 25 be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards. 26 14. 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 2« 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. PC RESO NO. 6362 o- Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of 3 the final map. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be r 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 6 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 7 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 conditions or seek damages for their violation. No vested rights are gained by Developer 9 or a successor in interest by the City's approval of this Tentative Tract Map. 10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map documents, as necessary to 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 development different from this approval, shall require an amendment to this approval. 13 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. 4. If any conditions for construction of any public improvements or facilities, or the 16 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 17 Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 19 5. 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 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 Tract Map, (b) City's approval or issuance of any permit or action, whether discretionary or non- 23 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 26 validated. 27 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar copy of the Tentative Map reflecting the conditions approved by the final decision making body. PC RESO NO. 6362 -4- 7. Prior to the issuance of a building permit, the Developer shall provide proof to the 2 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 3 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 17 Local Facilities Management Plan and any amendments made to f that Plan prior to the issuance of building permits. 6 a. A growth management park fee of $0.40 per square foot of non-residential development will be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset demand created by employees within Local Facilities Management Zone 17. o 9 9. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that 10 adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect 12 shall be placed on the Final Map. 13 10. Developer shall establish an owner's association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning 14 Director prior to final map approval. The CC&Rs shall adequately address .. maintenance of all common landscape areas, employee eating areas, and paved access and parking areas. Prior to recordation of the final map the Developer shall 16 provide the Planning Department with a draft copy of the CC&Rs. The approved CC&Rs shall be recorded immediately following the final map. At a minimum, the 17 CC&Rs shall contain the following provisions: 18 a. General Enforcement by the Citv. The City shall have the right, but not the 19 obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. 20 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. 23 Failure of Association to Maintain Common Area Lots and Easements. In the event 24 that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article , Section the City shall have the right, but not.the duty, to perform the necessary maintenance. If 26 the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with 27 particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the PCRESONO. 6362 -5- period specified by the City's notice, the City shall be entitled to cause such work to 2 be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. •n d. Special Assessments Levied by the City. In the event the City has performed the 4 necessary maintenance to either Common Area Lots and/or Association's Easements, - the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association's 6 Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in 7 full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If 9 the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount 10 • . equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other 12 rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, 13 plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is 14 levied. Each Owner in the Project hereby vests the City with the right and power to : levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and 16 his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. 17 e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit ownerI O r r landscape maintenance responsibilities shall be as set forth in CT 07-04. 19 11. This approval is granted subject to the adoption of the Negative Declaration and 20 approval of GPA 07-07, MP 178(F), SDP 07-03, PUD 07-04, and SUP 07-01 and is subject to all conditions contained in Planning Commission Resolutions No. 6359, 6360, 21 6361, 6363, 6364 and 6365 for those other approvals. 92 12. Developer shall submit to the City a Notice of Restriction to be filed in the office of the 23 County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a 24 Tentative Tract Map and Nonresidential Planned Development Permit by Resolutions No. 6362 and 6364 on the property. Said Notice of Restriction shall note the 25 property description, location of the file containing complete project details, and all 2r conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record 27 an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 28 PC RESO NO. 6362 -6- 13. All proposed trees shall be clear from water easements and/or use root barriers to 2 ensure no root problems will occur with utilities and shall be depicted on the Final Landscape Plans and planted as approved by the Planning and Engineering 3 Departments. 4 14. The Final Landscape Plans shall be designed to include parking lot screening in r accordance with the City of Carlsbad Landscape Manual. Such screening shall consist of planting or any combination of planting, mounding, and decorative walls, which provides screening from streets of the parking areas to a minimum height of 3 feet. 7 Engineering: General 10 15. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 16. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other 13 recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, storm drain facilities and storm 14 water Best Management Practice facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 16 Fees/Agreements 17 17. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 20 18. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No'. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a 23 form provided by the City Engineer. 24 Grading 19. Based upon a review of the proposed grading and the grading quantities shown on the Site Plan, 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 for 27 the project. 28 20. 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 Intention for the start PC RESO NO. 6362 -7- of work has been submitted to the State Water Resources Control Board. 2 21. Developer shall comply with the City's requirements of the National Pollutant Discharge 3 Elimination System (NPDES) permit and the City's Standard Urban Storm Water Mitigation Plan (SUSMP). Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best t- 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 6 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: 7 A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and 9 hazardous waste products. 10 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 13 Federal, State, County and City requirements as prescribed in their respective containers. 14 C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 16 22. Prior to the issuance of grading permit or building permit, whichever occurs first, 17 Developer shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions 18 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 20 the project. 21 23. 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)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban 23 Stormwater Mitigation Plan (SUSMP), Order 2007-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal 24 Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: 26 a. Identify existing and post-development on-site pollutants-of-concem. 27 b. Identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project. PC RESO NO. 6362 -8- c. Recommend source controls and treatment controls that will be implemented with this 2 project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging offsite. 3 d. Establish specific procedures for handling spills and routine cleanup. Special considerations and effort shall be applied to (RESIDENT/EMPLOYEE) education on the proper procedures for handling cleanup and disposal of pollutants. e. Ensure long-term maintenance of all post-construction BMPs in perpetuity. 6 f. Identify how post-construction runoff rates and velocities from the site will not 7 exceed the pre-construction runoff rates and velocities to the maximum extent practicable.8 o 24. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City standard Permanent Stormwater Quality Best 10 Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site desigh and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, , 2 whichever occurs first for this Project. 13 Dedications/Improvements 25. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or , other appropriate entities for public water and sewer easements shown-on the Site Plan The offer shall be made by a separate recorded document. All land so offered shall be 15 offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. 17 26. Developer shall execute and record a City standard Development Improvement Agreement to install and secure with appropriate security as provided by law, public 10 improvements shown on the Site Plan and the following improvements including, but not limited to grading, clearing and grubbing, sewer, water, fire hydrants, street lights, and 20 reclaimed water, to City Standards to the satisfaction of the City Engineer. The improvements are: 21 a) Onsite public water main and fire hydrants. 23 b) Onsite public sewer main. 24 Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 26 27. Prior to grading permit issuance, Developer shall have design, apply for and obtain 27 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 PC RESO NO. 6362 -9- 22 approved by the City Engineer as part of the building or grading plan review whichever 2 occurs first. 3 Final Map Notes 4 28. Add the following notes to the final map as non-mapping data. 5 All improvements are privately owned and are to be privately maintained with the exception of the following: a) Onsite public water main and fire hydrants. 7 b) Onsite public sewer main. 8 29. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 30. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters 12 or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the City approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the City approved development plans. 15 Utilities 31. Prior to approval of improvement plans or final 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 18 considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 19 32. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 22 33. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water 24 Authority capacity charge(s) prior to issuance of Building Permits. 25 34. The Developer shall prepare a colored recycled water use map and submit this map to the Planning Department for processing and approval by the District Engineer. 26 35. The Developer shall design landscape and irrigation plans utilizing recycled water as a source. Said plans shall be submitted to the satisfaction of the District Engineer. 28 36. The Developer shall install potable water and recycled water services and meters at a PC RESO NO. 6362 -10- locations approved by the District Engineer. The locations of said services shall be 2 reflected on public improvement plans. 3 37. The Developer shall install sewer laterals and clean-outs at a location approved by .the District Engineer. The locations of sewer laterals shall be reflected on public 4 improvement plans. 38. The Developer shall design and construct public water, sewer, and recycled water 6 facilities substantially as shown on the Site Plan to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. 7 39. The design and operation of the proposed water system shall comply with the following: 9 a. A sub-meter shall be installed for each individually owned unit. 10 b. Wording within CC&Rs related to water meters cannot be changed without the approval of the City Engineer, c. Prior to sale of any unit, the owner shall create an impound account to be funded with an amount equal to an estimated three months of water bill payments. 13 d. Owners and tenants of the units shall be notified that the City may shutoff water service to the entire building if adequate payment of the water bill is not made. A list of the above shall be place on an additional map sheet on the Final Map per the provisions 16 of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such 17 other time as provided in said agreement. 40. A fire flow system shall be required for this industrial development and it shall be , a constructed as a looped system. The Developer shall complete the looped water system by tying into the existing waterline system on Town Garden Road and Metropolitan 20 Street to the satisfaction of the District Engineer. 21 Fire: 22 41. The applicant shall prepare and provide for Fire Department approval a "Maintenance 23 Agreement" that provides for the maintenance and repair of the fire sprinkler system and its appurtenances. 24 42. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 25 Code Section 18.04.320. Code Reminders 27 The project is subject to all applicable provisions of local ordinances, including but not limited to the following: PC RESO NO. 6362 -11- 43. The tentative map shall expire twenty four (24) months from the date this tentative map 2 approval becomes final. 3 44. 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. 6 45. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Site Plan are for planning purposes only. Developer shall pay traffic impact and 7 sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively.8 9 46. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building 10 permit issuance, except as otherwise specifically provided herein. 47. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the State Building Code. 13 48. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning 14 Director prior to installation of such signs. 15 NOTICE 16 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." 19 You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 20 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.22 23 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 25 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 26 expired. 27 28 PC RESO NO. 6362 -12- 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 5th day of December 2007, by the following vote, to wit: AYES:Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez, Douglas, and Montgomery. NOES: ABSENT: Commissioner Whitton ABSTAIN: JULIE BA^CER>e. hairperson CARLSB/b PLANNING COMMISSION ATTEST: a£4xv / 1&U DONNEU Planning Director PC RESO NO. 6362 -13- 1 PLANNING COMMISSION RESOLUTION NO. 6363 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN SDP 07-03 TO DEVELOP A 1.94- 4 ACRE PARCEL WITH A 19,760-SQUARE-FOOT MEDICAL - OFFICE BUILDING LOCATED ON THE SOUTHEAST CORNER OF EL CAMINO REAL AND TOWN GARDEN 6 ROAD IN PLANNING AREA 1 OF THE BRES SI RANCH MASTER PLAN AND IN LOCAL FACILITIES 7 MANAGEMENT ZONE 17. CASE NAME: BRESSI RANCH MEDICAL PLAZA 8 CASE NO.: SDP 07-03 9 WHEREAS, David Di Rienzo, "Developer," has filed a verified application with 10 the City of Carlsbad regarding property owned-by Bressi Ranch Medical Plaza, LLC, "Owner," 12 described as 13 Lot 1 of Carlsbad Tract 02-15 Bressi Ranch, in the City of Carlsbad, County of San Diego, State of California, according 14 to the map thereof No. 14960, filed in the office of the County ^ Recorder of San Diego County, February 4,2005 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Site Development 1 Q10 Plan as shown on Exhibits "A" - "M" dated December 5, 2007, on file in the Planning 19 Department, BRESSI RANCH MEDICAL PLAZA - SDP 07-03 as provided by Chapter 20 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and 21 22 WHEREAS, the Planning Commission did, on the 5th day of December, 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 25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 26 relating to the Site Development Plan. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES BRESSI RANCH MEDICAL PLAZA - SDP 07-03 based on the following findings and subject to the following conditions: 4 r Findings: 1. That the requested use is properly related to the site, surroundings, and environmental settings; is consistent with the various elements and objectives of the General Plan; will 7 not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located; and will not adversely impact the site, surroundings, or ° traffic circulation, in that the proposed medical office building is appropriate in the n General Plan Office Land Use designation and the Bressi Ranch Master Plan Office Land Use and Zoning designations, that the proposed development meets the 10 minimum development standards for the Office Zone, and that adequate separation of uses would ensure compatibility'with the adjacent Industrial, Office, and Open Space land uses. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in ,-, that the project complies with all City policies and standards without the need for a variance from development standards. 14 That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust 15 the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the project provides the required setbacks and incorporates landscaping consistent with the City of Carlsbad Landscape Manual and the Bressi Ranch Master Plan. 4. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that El Camino Real, a prime arterial roadway, has 19 adequate capacity to handle the 548 additional ADT generated by the project. The project's access is through the signalized intersection at El Camino Real and Town Garden Road. 21 5. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the 22 McClellan-Palomar Airport, dated April 1994. The project is compatible with the projected noise levels of the CLUP; and, based on the noise/land use compatibility matrix 23 of the CLUP, the proposed land use is compatible with the airport, in that the project is located outside of the 60 CNEL noise contour and has been determined to be consistent with the McClellan-Palomar Airport ALUCP by the San Diego County 25 Regional Airport Authority on October 4, 2007. 26 6. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 27 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 PCRESONO. 6363 -2- to mitigate impacts caused by or reasonably related to the project, and the extent and the 2 degree of the exaction is in rough proportionality to the impact caused by the project. 3 Conditions: 4 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit. 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 7 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 10 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 Site Development Plan. 11 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan documents, as necessary to make them 13 internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development 14 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. 17 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 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 20 all requirements of law. 21 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 Site Development Plan, 24 (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 27 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 28 PC RESO NO. 6363 -3- 6. Developer shall submit to Planning Director a reproducible 24" x 36" Mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 8. This project shall comply with all conditions and mitigation measures which are required 6 as part of the Zone 17 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and 10 facilities will continue to be available until the time of occupancy. 11 10. This approval is granted subject to the adoption of the Negative Declaration and approval of GPA 07-07, MP 178(F), CT 07-04, PUD 07-04, and SUP 05-17 and is subject to all conditions contained in Planning Commission Resolutions No. 6359, 6360, 13 6361, 6362,6364 and 6365 for those other approvals. 14 11. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. ,,- 12. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and 17 the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 19 13. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 20 landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 21 14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 22 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 24 Local Facilities Management Plan fee for Zone 17, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this 25 j approval will not be consistent with the General Plan and shall become void. 76 15. All roof appurtenances, including air conditioners, shall be architecturally integrated and 27 concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the 28 Directors of Community Development and Planning. PC RESO NO. 6363 -4- 16. Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map, Site Development Plan, Non-Residential Planned Development, and Special Use Permit by Resolutions No. 6362, 6363, 6364 and 6365 on the property. Said Notice of Restriction shall note the property description, location of c the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The 6 Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer 7 or successor in interest. g 17. Developer shall prepare and record a Notice that this property may be subject to noise 9 impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #1 on file in the 10 Planning Department). 18. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high 12 masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the Planning 13 Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. 14 19. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any 16 impacts on open space property. 17 20. Developer shall construct, install, and stripe not less than 100 parking spaces, as shown on Exhibit "A".18 19 Engineering: 20 General 21. 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 23 established by the San Diego Region of the California Regional Water Quality Control Board and the City of Carlsbad Requirements. The SWPPP shall address measures to 24 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. 27 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 PC RESO NO. 6363 -5- \ ft) pollutants from storm water to the maximum extent practicable before discharging 2 to City right-of-way or natural drainage course. d. Establish specific procedures for handling spills and routine cleanup. Special 3 considerations and effort shall be applied to employee education on the proper procedures for handling cleanup and disposal of pollutants. 4 - 22. 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)." 6 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Storm water Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of 7 the California Regional Water Quality Control Board and the City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the 9 project. At a minimum, the SWMP shall: 10 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 source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the 13 maximum extent practicable before discharging to City right-of-way. d. Establish specific procedures for handling spills and routine cleanup. Special 14 considerations and effort shall be applied to employee education on the proper procedures for handling cleanup and disposal of pollutants. e. Ensure long-term maintenance of all post-construct BMPs in perpetuity. f. Identify how post-development runoff rates and velocities from the site will not exceed the predevelopment runoff rates and velocities to the maximum extent 17 practicable. 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6363 -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 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 5th day of December 2007, by the following vote, to wit: AYES:Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez, Douglas, and Montgomery NOES: ABSENT: Commissioner Whitton JULIE B|JCER\Chairperson CARLSBkOPlANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6363 -7-Kfl PLANNING COMMISSION RESOLUTION NO. 6364 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A NON- RESIDENTIAL PLANNED DEVELOPMENT PERMIT TO 4 SUBDIVIDE A 19,760 SQUARE FOOT TWO-STORY 5 MEDICAL OFFICE BUILDING INTO 10 NON-RESIDENTIAL AIRSPACE CONDOMINIUM UNITS ON A 1.94 ACRE SITE 6 GENERALLY LOCATED ON THE SOUTHEAST CORNER OF EL CAMINO REAL AND TOWN GARDEN ROAD IN 7 PLANNING AREA 1 OF THE BRESSI RANCH MASTER PLAN AND IN LOCAL FACILITIES MANAGEMENT 8 ZONE 17. 9 ' CASE NAME: BRESSI RANCH MEDICAL PLAZA CASE NO.: PUD 07-04 10 WHEREAS, David Di Rienzo',' "Developer," has filed a verified application with 12 the City of Carlsbad regarding property owned by Bressi Ranch Medical Plaza, LLC, "Owner," 13 described as 14 Lot 1 of Carlsbad Tract 02-15 Bressi Ranch, in the City of . - Carlsbad, County of San Diego, State of California, according to the map thereof No. 14960, filed in the office of the County 16 Recorder of San Diego County, February 4,2005 17 ("the Property"); and 18 , jc) WHEREAS, said verified application constitutes a request for a Nonresidential 20 Planned Unit Development Permit as shown on Exhibits "A" - "M" dated December 5, 2007, 21 on file in the Planning Department BRESSI RANCH MEDICAL PLAZA - PUD 07-04 as 22 provided by Chapter 21.47 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on the 5th day of December 2007, 24 hold a duly noticed public hearing as prescribed by law to consider said request; and « 26 WHEREAS, at said public hearing, upon hearing and considering all testimony 27 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 2° relating to the Nonresidential Planned Unit Development Permit. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 3 4 5 6 7 8 9 10 11 16 17 18 24 27 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES BRESSI RANCH MEDICAL PLAZA - PUD 07-04 based on the following findings and subject to the following conditions: Findings: The granting of this permit will not adversely affect and will be consistent with the code, the general plan, applicable specific plans, master plans, and all adopted plans of the city and other governmental agencies in that the proposed project is consistent with the Office (O) General Plan Land Use designation and all development standards of the Bressi Ranch Master Plan as wejl as the Carlsbad Municipal Code Titles 20 and 21 regulations governing subdivisions and the design of nonresidential planned developments. i. ^ 13 2. The proposed use at the particular location is necessary and desirable to provide a service or facility, which will contribute to the general well being of the neighborhood and the 14 community in that the proposed nonresidential planned development will be located on a proposed Office (O) zoned lot. The project will be compatible with the ' surrounding Office, Industrial, and designated Open Space uses and will provide opportunities for employment of local residents. Such use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity in that the project is located outside of the 60 CNEL noise contour and has been determined to be consistent with the McClellan-Palomar Airport ALUCP by the San Diego County Regional Airport Authority on October 4, 2007. All public 20 facilities and services already exist at the site. Adequate access to the site exists via Metropolitan Street. The subdivision includes all necessary features to be 21 compatible with surrounding development. The nonresidential planned development will not pose a safety hazard to the occupants of the Planned Industrial, Office, or Open Space zones. O "* 4. In granting a Nonresidential Planned Development (PUD) permit, the City Council, Planning Commission or Planning Director may modify the plan or impose such conditions as it deems necessary to protect the public health, safety and general welfare. 25 5. 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. 28 PC RESO NO. 6364 . -2- Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of 3 the final map. ^ 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 5 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 6 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 7 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 conditions or seek damages for their violation. No vested rights are gained by Developer 9 or a successor in interest by the City's approval of this Nonresidential Planned Development Permit. 10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Nonresidential Planned Development Permit documents, as ^2 necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. 13 Any proposed development different from this approval, shall require an amendment to this approval. 14 1. 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. 16 4. If any condition for construction of any public improvements or facilities, or the payment 17 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 j9 unless the City Council determines that the project without the condition complies with all requirements of law. 20 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold 21 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 23 or indirectly, from (a) City's approval and issuance of this Nonresidential Planned Development Permit, (b) City's approval or issuance of any permit or action, whether 24 discretionary or non-discretionary, 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 25 facility of electromagnetic fields or other energy waves or emissions. 27 6. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval.28 PC RESO NO. 6364 -3- 7. This approval is granted subject to the adoption of the Negative Declaration and 2 approval of GPA 07-07, MP 178(F), CT 07-04, SDP 07-03, and SUP 05-17 and is subject to all conditions contained in Planning Commission Resolutions No. 6359, 6360, 3 6361,6362, 6363 and 6365 for those other approvals. 4 NOTICE 5 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 6 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."7 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 9 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 10 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, 13 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 1 _• expired. 16 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning 17 Commission of the City of Carlsbad, California, held on the 5th day of December 2007, by the 1 O1 ° following vote, to wit: 19 AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez, 20 Douglas, and Montgomery 21 NOES: 22 ABSENT: Commissioner Whitton - ( ApSTj^NT"^24 f^^ \ ': 25 JULIE BAKER^ Chairperson CARLSBXW-EANNING COMMISSION 26 ATTESTf 28 DONNEU Planning Director PC RESO NO. 6364 -4- 1 PLANNING COMMISSION RESOLUTION NO. 6365 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SCENIC CORRIDOR SPECIAL USE PERMIT TO DEVELOP A 1.94- 4 ACRE PARCEL WITH A 19,760-SQUARE-FOOT MEDICAL , OFFICE BUILDING LOCATED ON THE SOUTHEAST CORNER OF EL CAMINO REAL AND TOWN GARDEN 6 ROAD IN PLANNING AREA 1 OF THE BRESSI RANCH MASTER PLAN AND IN LOCAL FACILITIES 7 MANAGEMENT ZONE 17. CASE NAME: BRESSI RANCH MEDICAL PLAZA 8 CASE NO.: SUP 07-01 9 WHEREAS, David Di Rienzo, "Developer," has filed a verified application with 10 the City of Carlsbad regarding property owned-by Bressi Ranch Medical Plaza, LLC, "Owner," 12 described as 13 Lot 1 of Carlsbad Tract 02-15 Bressi Ranch, in the City of Carlsbad, County of San Diego, State of California, according 14 to the map thereof No. 14960, filed in the office of the County , - Recorder of San Diego County, February 4,2005 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Site Development 18 Plan as shown on Exhibits "A" - "M" dated December 5, 2007, on file in the Planning 19 Department, BRESSI RANCH MEDICAL PLAZA - SUP 07-01 as provided by Chapter 20 . 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and 21 22 WHEREAS, the Planning Commission did, on the 5th day of December, 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 25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 26 relating to the Scenic Corridor Special Use Permit. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES BRESSI RANCH MEDICAL PLAZA - SUP 07-01, based on the following findings and subject to the following conditions: 4 c Findings: 6 1. The proposed project conforms to the intent of the Scenic Preservation Overlay in that the project complies with the provisions of the El Camino Real Corridor Development Standards and that the proposed medical office project is designed such that the building will provide adequate setbacks from El Camino Real to preclude a "tunnel effect" of buildings along the roadway. The project as proposed 9 has a 50 foot setback from El Camino Real, creating the separation and the lot is down slope from the roadway, thus the roof, which is at or below the 35 foot 10 maximum from grade, will appear lower. The project as proposed does not obscure scenic views or impair traffic safety'along El Camino Real. t> scenic views or i11 2. The proposed project implements the goals and objectives of the General Plan in that the property is proposed to be developed with medical office use which is consistent 13 with the Office Land Use designation. 3. 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 16 degree of the exaction is in rough proportionality to the impact caused by the project. 17 Conditions: 1 O Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of 19 final map or grading permit, whichever occurs first. 20 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 21 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 23 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 24 condition? 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 Special Use Permit. 25 Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Special Use Permit documents necessary to make them 7-7 internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. • Any proposed development 28 different from this approval shall require an amendment to this approval. PCRESONO. 6365 -2- 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 Special Use Permit, (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 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. o0 4. This approval is granted subject to the adoption of the Negative Declaration and 9 approval of GPA 07-07, MP 178(F), CT 07-04, SDP 07-03, and PUD 07-04 and is subject to all conditions contained in Planning Commission Resolutions No. 6359, 6360, 10 6361, 6362, 6363 and 6364 for those other approvals. 5. This approval shall become null and void if building permits are not issued for this 1 - project within 24 months from the date of project approval. 13 NOTICE 14 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 15 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 *' 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, 22 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 23 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired.24 25 26 27 28 PC RESO NO. 6365 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 5th day of December 2007, by the following vote, to wit: AYES:Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez, Douglas, and Montgomery NOES: ABSENT: Commissioner Whitton ABSTAIN: JULIE BkKEk Chairperson CARLSBAD PIANNING COMMISSION ATTEST: DONNEU Planning Director PC RESO NO. 6365 -4-in EXHIBIT 5The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No•0 P.C. AGENDA OF: December 5,2007 Application complete date: September 18, 2007 Project Planner: Dan Halverson Project Engineer: Tecla Levy SUBJECT: GPA 07-07/MP 178(FVCT 07-04/SDP 07-03/PUD 07-04/SUP 07-01 - BRESSI RANCH MEDICAL PLAZA - Request for a recommendation of adoption of a Negative Declaration and; 1) a recommendation of approval for a General Plan Amendment to change the General Plan Land Use designation from Planned Industrial to Office and a Master Plan Amendment to change the Bressi Ranch Master Plan Land Use and Zoning designations from Planned Industrial to Office; and 2) a request for approval of a Tentative Tract Map, Site Development Plan, Non-Residential Planned Development Permit, and a Special Use Permit to develop a 1.94-acre parcel with a 19,760 square foot medical office building located on the southeast corner of El Camino Real and Town Garden Road in Planning Area 1 of the Bressi Ranch Master Plan and Local Facilities Management Zone 17. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6359 RECOMMENDING ADOPTION of a Negative Declaration and ADOPT Planning Commission Resolutions No. 6360 and 6361 RECOMMENDING APPROVAL of General Plan Amendment 07-07 and Master Plan Amendment 178(F) and ADOPT Planning Commission Resolutions No. 6362, 6363, 6364 and 6365 APPROVING Tentative Tract Map 07-04, Site Development Permit 07-03, Non-Residential Planned Development 07-04, and Special Use Permit 07-01, based on the findings and subject to the conditions contained therein. II. INTRODUCTION The 1.94-acre project site is located on the east side of El Camino Real at the intersection of Town Garden Road and Metropolitan Street in Planning Area 1 of the Bressi Ranch Master Plan and in Local Facilities Management Zone 17. The proposed project consists of a General Plan Amendment (GPA) to change the Land Use designation of the site from Planned Industrial (PI) to Office (O) to allow for the development of a medical office building. A Master Plan Amendment (MPA) is also required to change the Bressi Ranch Master Plan Land Use and Zoning designations from Planned Industrial (P-M) to Office (O). Development in the Office Zone also requires the processing of a Site Development Plan (SDP) and a Special Use Permit (SUP) is required for development adjacent to El Camino Real corridor. The proposed project also requires a Non-Residential Planned Development (PUD) Permit and a Tentative Tract Map (CT) to subdivide the 19,760 square foot building into 10 nonresidential airspace condominium units. The project meets all regulations applicable to these legislative and permitting actions, and staff has no issues with the proposal. O GPA 07-07/MP 178(F)/CT 07-04/SDP 07-03/PUD 07-04/SUP 07-01 - BRESSI RANCH MEDICAL PLAZA December 5, 2007 Page 2 III. PROJECT DESCRIPTION AND BACKGROUND The applicant, Urban West, has requested a General Plan Amendment (GPA), Master Plan Amendment (MPA), Tentative Tract Map (CT), Site Development Plan (SDP), Non-Residential Planned Development (PUD), and a Special Use Permit (SUP) to allow for the construction of a 19,760 square foot medical office building on a 1.94-acre site. The site, Bressi Ranch Master Plan Planning Area 1, was previously graded with the mass grading permit approved by the Bressi Ranch Master Tentative Map project, CT 00-06. The project site is located adjacent to and south of the industrial development of the Bressi Ranch Commerce Center with access provided from Metropolitan Street (off Town Garden Road). The property to the north is Planned Industrial, which is also located in the Bressi Ranch Master Plan area; while the southern property is designated Office (O), is located in the Villages of La Costa Master Plan area and is also being developed with medical office buildings by Tri- City Hospital. A large designated Open Space area is to the east and to the west is El Camino Real and existing Planned Industrial uses. The medical office building is proposed as rectangular in shape and is two stories tall. The Bressi Ranch Medical Plaza's architectural design utilizes a palette of contrasting block masonry colors and textures for its walls, sleek silver metal cladding panels for shading canopies and blue glazing in silver window frames to create an image of bold clean lines and a sense of formality. A dominant feature of the design are the pattern of wall panels which serve to reduce the mass and scale of the exterior walls while providing texture and height variation. A proposed tower element constructed of concrete is incorporated into the design as an entry-defining element to direct visitors to the building entrance. The building's mechanical equipment will be located on the roof and will be enclosed and screened from view from surrounding areas including the El Camino Real corridor. The development also includes associated parking, three outdoor employee eating areas and enhanced landscaping along Town Garden Road, as well as within and around the site. ANALYSIS The proposed project is subject to the following plans, ordinances and standards: A. General Plan Office (O) Land Use designation; B. Bressi Ranch Master Plan MP 178; C. Carlsbad Municipal Code, Title 21 (Zoning Ordinance) including: 1. Chapter 21.27 - Office Zone 2. Chapter 21.40 - Scenic Preservation Overlay Zone (El Camino Real Corridor Development Standards); D. McClellan Palomar Airport Land Use Compatibility Plan (ALUCP); E. Subdivision Ordinance (Title 20 of the C.M.C.); F. Non-Residential Planned Development (C.M.C. Chapter 21.47); and G. Local Facilities Management Plan for Zone 17 and Growth Management. The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable policies and regulations listed above. The following analysis GPA 07-07/MP 178(F)/CT 07-04/SDP 07-03/PUD 07-04/SUP 07-01 -tJRESSI RANCH MEDICAL PLAZA December 5,2007 Page 3 sections discuss compliance with each of these regulations/policies by utilizing both text and tables. A. General Plan The proposed General Plan Amendment would change the Land Use designation of the site from Planned Industrial (PI) to Office (0). The proposed Office designation would be compatible with surrounding Planned Industrial uses (industrial/office buildings) to the north, office uses to the south, and Open Space to the east. The site is topographically suitable for the development of Office type uses, as the developable portion has previously been graded for development. The proposed Office Land Use designation would not result in any new or unavoidable adverse impacts to the area. The project as proposed will generate 548 additional average daily trips over the previously allowed PI land uses. The additional trips generated would not have a significant impact to the Adjacent roadways, including El Camino Real. Adequate buffers in the form of a Circulation Element roadway, El Camino Real, separate the existing industrial/office land uses to the west from the proposed office site. The project is consistent with the applicable policies and programs of the General Plan. Particularly relevant to the proposed office development are the Land Use, Open Space and Conservation, Circulation, Noise, and Public Safety Elements. Table 1 below indicates how the project complies with these particular elements of the General Plan. TABLE 1 - GENERAL PLAN COMPLIANCE Element Use Classification, Goal, Objective or Program Proposed Use and Improvements Compliance Land Use Commercial development to serve the employment and service needs of Carlsbad residents. The project proposes a General Plan Amendment to Office (0) for the development of medical/professional office services to serve the needs of Carlsbad residents. Yes Open Space and Conservation To preserve, protect and enhance unique open space runctions like buffers between uses and wildlife habitats. The project maintains adequate buffers from native habitat areas and is consistent with the adopted Habitat Conservation Plan. Yes Circulation Adequate circulation infrastructure to serve the projected population. The existing El Camino Real roadway is adequate in capacity to handle the traffic generated by the proposed use. All street improvements were completed with the Master Tentative Map-CT 00-06. Yes Noise Require that a noise study be submitted with all non- residential projects. Enforce the City policy that 55 Leq (h) dBA is the maximum interior noise level for general office uses. Project has been conditioned to submit a noise report showing compliance with interior noise standards. Yes Public Safety Provision of emergency water systems and all-weather access roads. All necessary water mains, fire hydrants, and appurtenances must be installed prior to occupancy of any building and all-weather access roads will be maintained throughout construction. Yes Ifl GPA 07-07/MP 178(F)/CT OV-04/SDP 07-03/PUD 07-04/SUP 07-01 - tJRESSI RANCH MEDICAL PLAZA December 5,2007 Page 4 B.Bressi Ranch Master Plan MP 178 The project site is located in the southwest corner of the Bressi Ranch Master Plan area and is referred to as Planning Area 1. The planning area is currently designated (Land Use and Zoning) as Planned Industrial in the Master Plan. As previously mentioned, a Master Plan Amendment is required to change both the Master Plan Land Use and the Zoning designations to Office. The proposed Office designation would be compatible with surrounding uses of Planned Industrial (industrial/office buildings) to the north and the designated Open Space to the east. The Master Plan Amendment includes text and map changes to the Master Plan document to reflect the land use and zoning change. C.I Chapter 21.27 - Office (O) Zoning The project proposes a Zone Change from Planned Industrial (P-M) to Office (O). The Office Zone (Chapter 21.27 of the Carlsbad Municipal Code) would implement the proposed Office Land Use designation. The Office Zone has a built-in Site Development Plan requirement and thus the Qualified Development Overlay Zone is not required. The proposed project complies with the Office Zone as shown in Table 2 below. TABLE 2 - OFFICE ZONE COMPLIANCE Code Section Building Height Setbacks- Buildings Setbacks- Driveways and Parking Lot Area Lot Width Lot Coverage Parking Employee Eating Area Standard Not to exceed 35 feet/three levels. Front: 50 ft. (Prime arterial) Street side: 20ft. Interior side: 10ft. Rear: 10ft. Front: 30 ft. (Prime Arterial) Street side: 20ft. Interior side: 10ft. Rear: 10ft. Min. 10,000 square feet 75 ft wide minimum 50 % max. 1 :200 or 99 parking stalls required 300 sq ft / 5,000 sq ft of building area; 1,186 sq ft required Provided Medical office building 35 feet maximum/ two levels. Front: 50ft. Street side: 20ft. Interior side: 10ft. Rear: 20ft. Front: 50ft. Street side: 20ft. Interior side: 10 ft. Rear: 50ft. 1.94 Ac (84,727 sq ft) 209ft. 12% 100 parking stalls proposed. 1,1 86 sq ft (outside) Compliance Yes Yes Yes Yes Yes Yes Yes Yes The proposed medical office building complies with the design criteria of the Master Plan including architecture, roof design and screening, refuse collection, and landscaping. The building features a prominent entrance element, silver metal cladding panels for shading canopies, and blue glazing in silver window frames. The landscape plans have been reviewed for and found to be in conformance with the Bressi Ranch Master Plan. C.2 Chapter 21.40 - Scenic Preservation Overlay Zone (El Camino Real Corridor Development Standards) GPA 07-07/MP 178(F)/CT OV-04/SDP 07-03/PUD 07-04/SUP 07-01 - tiRESSI RANCH MEDICAL PLAZA December 5,2007 PageS The proposed project is located adjacent to and on the east side of El Camino Real, and thus is subject to the regulations of the Scenic Preservation Overlay Zone, as implemented through the El Camino Real Corridor Development Standards. The El Camino Real Corridor Development Standards are intended to maintain and enhance the appearance of the roadway by setting standards for setbacks, signs, building height, grading, and design theme. The document is also intended to further the goals of the Land Use and Circulation Elements of the General Plan and the objective of preserving unique city resources as they relate to scenic highways. Pursuant to Carlsbad Municipal Code Section 21.40.040, a Special Use Permit is required. The project is located within Area 4 of the El Camino Real Corridor (College Avenue to Sunfresh Rose Company). Compliance with the corridor standards is shown in Table 3 below. TABLE 3 - EL CAMINO REAL CORRIDOR STANDARDS COMPLIANCE Standard Design Theme Median Breaks Sidewalks Signs Building Height Grading Setback Street Furniture Street light spacing Roof Equipment Land Uses Adopted Criteria Planned "campus type" research, business, service center Major intersections Determined by Staff Freestanding monuments, not to exceed 5 ft above street grade, and 24 sq. ft. in area. 35' from grade maximum No cut or fill exceeding 15' from original grade At grade: 30' minimum. Some screening to be incorporated into setback As appropriate to match adjacent development City standard Not visible Land Use changes should be addressed at time of request. Proposed Project Office type design theme where-the building and parking have a walkable center. El Camino Real and Town Garden Road is an existing signalized intersection. Provided per City standard None proposed at this time 35' from grade maximum Negligible Cut/fill (not to exceed 1 5 feet) 50' minimum proposed with landscape screening and trees. None required City standard Proposed mechanical equipment has proposed screened enclosures. Land Use change is proposed. Compliance Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes D. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) The project site is located within the Airport Influence Area and approximately 4,000 feet southeast of McClellan-Palomar Airport. The site is outside the 60 Community Noise Equivalent Level (CNEL) noise contour and outside the Runway Protection Zone as well as the Flight GPA 07-07/MP 178(F)/CT 07-04/SDP 07-03/PUD 07-04/SUP 07-01 - rfRESSI RANCH MEDICAL PLAZA December 5, 2007 Page 6 Activity Zone (FAZ). As the project involves a General Plan Land Use Element Amendment, the project was submitted to the San Diego County Regional Airport Authority (SDCRAA) for a determination of consistency with the McClellan-Palomar Airport Land Use Compatibility Plan •(ALUCP). On October 4, 2007, the SDCRAA adopted Resolution 2007-0072 ALUC finding the project consistent with the ALUCP. E. Subdivision Ordinance (Title 20 of the C.M.C.) The Engineering Department has reviewed the proposed Tentative Map and has concluded that the subdivision, as conditioned, complies with all the applicable requirements of the Subdivision Map Act and the City's Subdivision Ordinance. El Camino Real, Town Garden Road, and Metropolitan Street are all publicly dedicated roadways and no additional improvements or dedications of streets are required. All infrastructure improvements including frontage and project-related roadways and the extension of existing drainage and sewer facilities have been or are being installed concurrent with development. F. Non-Residential Planned Development (C.M.C. Chapter 21.47) The intent and purpose of the Non-Residential Planned Development regulations are to: 1. Ensure that nonresidential projects develop in accordance with the General Plan and applicable specific plans; 2. Provide for nonresidential projects which are compatible with surrounding developments; 3. Provide a method to approve separate ownership of units within multiple-unit buildings; and 4. Provide for conversion of existing developments to condominiums. The proposal to create nonresidential airspace condominium units that do not have direct access from a publicly dedicated street necessitates that a Non-Residential Planned Development Permit be processed to supplement the proposed Tentative Map (CT 07-04). The 10 nonresidential airspace condominium units will share common driveway access, parking areas, landscaping, and outdoor eating areas which will be commonly maintained by an owners association. The project complies with the proposed General Plan & Zoning designations and Planning Area 1 standards of the Bressi Ranch Master Plan as addressed above. The subdivision, by nature of the office use, will not be detrimental to the health, safety or welfare of the surrounding occupants of the area and the use is similar to adjacent uses. No modifications to the development standards are required to protect public health, safety, and general welfare. There are no size or configuration standards for nonresidential planned development units beyond those imposed as a part of the permit, except that they shall be reasonable as to the intended use and relation to the project. G. Local Facilities Management Plan (LFMP) and Growth Management The proposed project is subject to the provisions of the Growth Management Program, as contained in Chapter 21.90 of the Zoning Ordinance and in the approved Zone 17 LFMP. The GPA 07-07/MP 178(F)/CT 07-04/SDP 07-03/PUD 07-04/SUP 07-01 - rJRESSI RANCH MEDICAL PLAZA December 5, 2007 Page 7 change to Office uses on the site will have minimal impact on public facilities as the Planned Industrial lot could have been developed with industrial and/or office uses. Thus, the proposed project public facility demand will be in compliance with the public facility assumptions of the Zone 17 LFMP. No special conditions or requirements exist within the Zone 17 LFMP applicable specifically to the subject site. The project is conditioned to pay the appropriate public facilities fee, water and sewer connection fees, traffic impact, and school fees to mitigate its impact on these respective facilities. As conditioned, all facility improvements necessary to accommodate the development will be in place prior to, or concurrent with, development. Therefore, the proposed Bressi Ranch Medical Plaza development is consistent with the Zone 17 LFMP. Table 4 below details the project's conformance with the requirements of the Growth Management Program. TABLE 4: GROWTH MANAGEMENT COMPLIANCE STANDARD City Administration Library Waste Water Treatment Parks Drainage Circulation Fire Open Space Schools - Carlsbad Unified School District Sewer - Carlsbad Waste Water District Water - Carlsbad Municipal Water District IMPACTS N/A N/A 11EDU $0.40/sq. ft. 10CFS 988 ADT Stations No. 2 and 5 N/A N/A 11EDU 4,550 GPD COMPLIANCE Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes V. ENVIRONMENTAL REVIEW Staff conducted an environmental impact assessment to determine if the project could have a potential significant effect on the environment pursuant to CEQA guidelines and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. The assessment did not identify any potentially significant impacts that would be caused by the proposed project. As a result, the Planning Director issued a Notice of Intent to Adopt a Negative Declaration for the project on October 30, 2007. No comments were received during the 20 day public review period (October 30 through November 19, 2007). ATTACHMENTS: 1. Planning Commission Resolution No. 6359 (Neg. Dec.) 2. Planning Commission Resolution No. 6360 (GPA) 3. Planning Commission Resolution No. 6361 (MPA) 4. Planning Commission Resolution No. 6362 (CT) 5. Planning Commission Resolution No. 6363 (SDP) 6. Planning Commission Resolution No. 6364 (PUD) GPA 07-07/MP 178(F)/CT 07-04/SDP 07-03/PUD 07-04/SUP 07-01 -BRESSI RANCH MEDICAL PLAZA December 5, 2007 PageS 7. Planning Commission Resolution No. 6365 (SUP) 8. Location Map 9. Background Data Sheet 10. Local Facilities Impact Assessment Form 11. Disclosure Statement 12. Reduced Exhibits 13. Exhibits "A" - "M" dated December 5,2007 W07 TO SCALE SITEMAP Bressi Ranch Medical Plaza GPA 07-07, MP 178(F), CT 07-04, SDP 07-03, PUD 07-04, SUP 07-01 CASE NO: BACKGROUND DATA SHEET GPA 07-07/MP 178(FVCT 07-04/SDP Q7-03/PUD 07-04/SUP 07-01 CASE NAME: BRESSI RANCH MEDICAL PLAZA APPLICANT: Bressi Ranch Medical Plaza. LLC - Urban West REQUEST AND LOCATION: Request for a recommendation of adoption of a Negative Declaration and: Da recommendation of approval for a General Plan Amendment to change the General Plan Land Use designation from Planned Industrial to Office and a Master Plan Amendment to change the Bressi Ranch Master Plan Land Use and Zoning designations from Planned Industrial to Office; and 2) a request for approval of a Tentative Tract Map, Site Development Plan. Non-Residential Planned Development Permit, and Special Use Permit to develop a 1.94-acre parcel with a 19J60 square foot medical office building located on the southeast corner of El Camino Real and Town Garden Road in Planning Area 1 of the Bressi Ranch Master Plan and in Local Facilities Management Zone 17. LEGAL DESCRIPTION: Lot 1 of Carlsbad Tract No. 02-15 Bressi Ranch, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14960, as filed in the Office of the County recorder of San Diego County, February 4, 2005. APN: 213-260-01 Acres: 1.94 Proposed No. of Lots/Units: 10 units GENERAL PLAN AND ZONING Existing Land Use Designation: Planned Industrial Proposed Land Use Designation: Office Density Allowed: N/A Density Proposed: N/A Existing Zone: Planned Community: P-C (P-M) Proposed Zone: Planned Community; P-C (O) Surrounding Zoning, General Plan and Land Use: Zoning (Master Plan) Site Planned Community (O) North Planned Community (P-M) South Planned Community (O) East Planned Community (OS) West Planned Industrial (P-M) General Plan Office (O) Office (O) Current Land Use Vacant Planned Industrial (PI) Vacant Vacant Open SpaceOpen Space (OS) Planned Industrial (PI) Industrial Office Revised 01/06 Y2I0 LOCAL COASTAL PROGRAM Coastal Zone: I I Yes £<] No Local Coastal Program Segment: N/A Within Appeal Jurisdiction: [ I Yes Ex] No Coastal Development Permit: [~1 Yes 1X1 No Local Coastal Program Amendment: I I Yes IXI No Existing LCP Land Use Designation: N/A Proposed LCP Land Use Designation: N/A Existing LCP Zone: N/A Proposed LCP Zone: N/A PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 9.16EDU ENVIRONMENTAL IMPACT ASSESSMENT Categorical Exemption, /\ Negative Declaration, issued October 30, 2007 Certified Environmental Impact Report, Other, Revised 01/06 \r\ CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: BRESSI RANCH MEDICAL PLAZA - GPA 07-07/MP 178(F)/CT 07- 047 SDP 07-03/ PUD 07-04/ SUP 07-01 __ LOCAL FACILITY MANAGEMENT ZONE: 17 GENERAL PLAN: Office (proposed) ZONING: Planned Community (Proposed Office from Planned Industrial) DEVELOPER'S NAME: Bressi Ranch Medical Plaza, LLC. ADDRESS: 936 E. Santa Ana Blvd., Santa Ana, CA 92701 PHONE NO.: 714-567-9260 ASSESSOR'S PARCEL NO.: 213-260-01-00 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 1.94 AC. ESTIMATED COMPLETION DATE: ASAP A. City Administrative Facilities: Demand in Square Footage = N/A B. Library: Demand in Square Footage = N/A C. Wastewater Treatment Capacity (Calculate with J. Sewer) 11 EDU D. Park: Demand in Acreage = N/A E. Drainage: Demand in CFS= 10CFS Identify Drainage Basin = "D" F. Circulation: Demand in ADT= 988 APT G. Fire: Served by Fire Station No. = 2 and 5 H. Open Space: Acreage Provided = 0 I. Schools: Carlsbad Unified J. Sewer: Demands in EDU 11 EDU Identify Sub Basin = Ponto/lOC K. Water: Demand in GPD = 4,550 GPD 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 SP>\CE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separatepage may be attached if necessary.) . ~ D^viVJDiKienzo com/Part Rhsss'i Rflfifli MediW YwAperson Title President Corp/Part. Title &/o Urban Wfst flm Santa flu £ 7 eft °ino\ Address 136 E. 6flntd flM &fltx Sfan-fri Q.W) (A 3 2-701 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.) PlaZ(iPerson, Title rVe3 Coro/Part Title • BfcSSl Address °l2t(* £.Address £..AlM S Cfi c\no\Cf\ 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 <rust. list the names and addresses of ANY person serving as an officer or director of thie non-profit organization or as trustee or beneficiary of the. Non Profit/Trust.Non ProfrtfTrust / / ' Title Title Address Address 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? 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. 5-24-07 Signature of owner/date David DiRjemo Print or type name of owner O'l Signature of applicant/date Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:AOMIN\COUNTER\DISCLOSURE STATEMENT 12/06 Page 2 of 2 ISO SITE KEYNOTES SDG&E EASEMENT FOR IMS PPE LINES AND NODENTAL PURPOSES SITE PLAN U—L TRASH ENCLOSURE PLAN / ELEVATION FIRE NOTES: im AKA AMOUB T« DtTECTMl CMOK VAIW AMCWUEr eXTBOMa A MMMJU OF « HOCS FMH TTC OUTER EMK OF TW mm VOOLS AND COWUTRY went TUB APPVUNCC MAIL BE COVBW OTTH AT LEAST A TMB-MCH THOt PAD W FttrTLAWCB*MT. TW Mi WQATC TW KCD TO LAMMCAK TW AREA. TK AMA AMUD ALL HK HVWAHTS WWI M OOWBO WITH Aimmnt» TMKE-MCH PAD OF pofm.AM> oaerr EKTHOWO AUMMUH OF M MOttl OUTWAM FMH TW CCNTBt OF THE FMmowm. LIGHTING NOTES: ALL OUTDOOR LIGHTING MUST COMPLY WTH CMC SECTION 21.34.090 (4). WHICH STATES 'ALL USES SHALL BE OPERATED SO AS NOT TO PRODUCE... GLARE OR HIGH-INTEN9TY ILUMINAHON WHICH IS PERCEPTIBLE WITHOUT INSTRUMENTS BY THE AVERAGE PERSON WHILE ON OR BEYOND THE LOT CONTAINING THE USE". PROJECT LEGEND «Tf AOCEMU PATH OF TMVCbHN.41 WHO FK HrMAHT WWh t*TK70l» CHEOK AS8EWLV KWh WtT MnCATOM VALVE MEWk EXXTMQ STKffT LMHT ELECTMOAL TMAMFOMet PAD KM D FAMCHQ 8FAC6 tUfW • KTD TTTT PUBLIC SERVICE AGENCIES OAtl ELECTIKt rrOMDRAMMNOOLft PROJECT PLANNING DATA ffOKMED ZONE. DOSTMS flENUAL FUM MFO8EO QENERAL FLAK EXBTMO LAND U3& LANDUBb OOOVPANOV. M.DMQ coNsmuenoife PROJECT SITE DATA FLOOR AIWA MTD *JUU ** TOTAL LAW8CAK APCAi PAMCM MOUMOt B/«M 1FJ AOTi PATO * VICINITY MAP <Q 3 I z mil < •4—* E e $ *I i Q. g % 5 LU 1 1 «r H A BWS* NrmftSit CoretrudtenSat A-1 ;i O ©RNISH LEGEND <3> BUMSHED CMtf- *NATURAL BROSEVT <J> BURMSHED CUU- 'CHARCOAL" <>> SPUTFACE CUU- •CHARCOAL' <7> UETAL PANEL CANOPY- DURANAR BRIGHT 9LVI <$> GLAZWft VISTEON BLUE <3> NTECRAL COLOR CONCRETE- WARM GREY <3> ROOF LME (DASHED) WAX HOWT- 30 FT <?> PAJNTEO UETAL DOORS <5> UNE OF MECHANICAL UNITS- DASHED. FUTURE EAST ELEVATION SCALE: 1/0" i r-0- SOUTH ELEV. AT ENTRY SCALE: I/a' > T-<T rl .fztZo fcf / rrr NORTH ELEVATION SOUTH ELEVATION SCALE: vi' • r-tr SCALE; I/I" • r-0" SOUTH ELEVATION AT WEST SIDE SCALE: !/•- . r-ir co £ llii ll S & I J DO A A-5 EXHIBIT 6 Planning Commission Minutes December 5,2007 Page 8 Commissioner Montgomery asked about security issues in regards to the overnight stays. Mr. Jakobson stated there will be 24 hour security available and staff would also be on site at all times. The park will also be closed to the public except for those that have purchased a ticket for the event. Commissioner Douglas asked if there will be security cameras. Mr. Jakobson stated there are already cameras in place. Commissioner Douglas inquired as to the timeframe of the overnight stays. Mr. Jakobson stated they anticipate it to be during the summertime. Chairperson Baker opened public testimony on Item 3. Mike Howes, 3773 Seabury Street, stated he supports the projects. Chairperson Baker asked if there were any further questions of Staff or if any other members of the audience wished to speak on the Item. Seeing none, Chairperson Baker closed public testimony on the item. Commissioner Dominguez commented that back when this project was first approved many commitments were made that the city would protect the community. Chairperson Baker commented on the Specific Plan and supports the project. MOTION ACTION: Motion by Commissioner Cardosa, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 6356 and 6357 recommending approval of Specific Plan Amendment 207(F) and Local Coastal Program Amendment 90-08(E) based on the findings and subject to the conditions contained therein. VOTE: 6-0-1 AYES: Chairperson Baker, Commissioner Cardosa, Commissioner Montgomery, Commissioner Dominguez, Commissioner Douglas, Commissioner Boddy NOES: None ABSENT: Commissioner Whitton ABSTAIN: None Chairperson Baker asked Mr. Neu to introduce the next item. 4. GPA 07-07/MP 178(F)/CT 07-04/SDP 07-03/PUD 07-04/SUP 07-01 - BRESSI RANCH MEDICAL PLAZA - Request for a recommendation of adoption of a Negative Declaration and; 1) a recommendation of approval for a General Plan Amendment to change the General Plan Land Use designation from Planned Industrial to Office and a Master Plan Amendment to change the Bressi Ranch Master Plan Land Use and Zoning designations from Planned Industrial to Office; and 2) a request for approval of a Tentative Tract Map, Site Development Plan, Non- Residential Planned Development Permit, and a Special Use Permit to develop a 1.94-acre parcel with a 19,760 square foot medical office building located on the southeast corner of El Camino Real and Town Garden Road in Planning Area 1 of the Bressi Ranch Master Plan and Local Facilities Management Zone 17. Mr. Neu introduced Item 4 and stated Assistant Planner Dan Halverson would make the Staff Presentation. Chairperson Baker opened the public hearing on Item 4. Planning Commission Minutes December 5,2007 Page 9 Mr. Halverson gave a detailed presentation and stated he would be available to answer any questions. Chairperson Baker stated the Commission received a letter as well as an Errata Sheet on the Item, and asked Staff to respond to the letter from Mr. Sobcyk. Mr. Halverson stated Mr. Sobcyk was concerned with the creation of smaller setbacks on the site. In the PM Zone it is an average of 35 feet and can not get any closer than 25 feet. With the zone change to Office, it cannot be any closer than 20 feet. Chairperson Baker inquired if it has to do with changing the zone and the use on the property. Mr. Halverson stated that was correct. Chairperson Baker asked if there were any further questions of Staff. Seeing none, she asked if Chairperson Baker asked if the applicant wished to make a presentation. David DiRienzo, president of Urban West, gave a brief presentation and stated he would be available to answer any questions. Chairperson Baker asked if there were any questions of the applicant. Seeing none, she asked if there were any members of the audience who wished to speak on the item. Seeing none, she opened and closed public testimony on the Item. Chairperson Baker asked if there any further questions of Staff or the applicant. Commissioner Dominguez asked for clarification regarding the setback. Mr. Halverson stated that if this project were built as an office in Planned Industrial, it would have an average 35 foot setback, no less than a 25 foot setback. With an office overlay, which would make it an Office Zone, there is just a 20 foot setback. There is no average and it is not 35 feet. With the Master Plan Amendment, it will take the setbacks of the underlying zone of Office and it will be incorporated. Commissioner Dominguez inquired if it matters what type of building is put onto those lots. Mr. Halverson stated it did, and that medical has to go to Office. Commissioner Douglas asked if the Tri-City Wellness Facility had the same setback requirement. Mr. Halverson stated yes. Commissioner Cardosa inquired about the enhanced landscaping along the El Camino Real Corridor. Mr. Halverson directed the Commission's attention to a slide and indicated where the enhanced landscaping would be due to the smaller setback area. Commissioner Montgomery asked about setback along El Camino Real and if it would stay the same. Mr. Halverson stated the setback would remain the same and that the project has to comply with El Camino Real Corridor Standards. \y\ Planning Commission Minutes December 5, 2007 Page 10 MOTION ACTION: VOTE: Motion by Commissioner Cardosa, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6359 recommending adoption of a Negative Declaration and adopt Planning Commission Resolutions No. 6360 and 6361 recommending approval of General Plan Amendment 07-07 and Master Plan Amendment 178(F) and adopt Planning Commission Resolutions No. 6362, 6363, 6364 and 6365 approving Tentative Tract Map 07-04, Site Development Permit 07-03, Non-Residential Planned Development 07-04, and Special Use Permit 07-01, based on the findings and subject to the conditions contained therein including the errata sheet. 6-0-1 AYES: Chairperson Baker, Commissioner Cardosa, Commissioner Montgomery, Commissioner Dominguez, Commissioner Douglas, Commissioner Boddy NOES: None ABSENT: Commissioner Whitton ABSTAIN: None COMMISSION COMMENTS Chairperson Baker stated that the election for Chairperson and Vice Chairperson will be held on January 16th. PLANNING DIRECTOR COMMENTS None. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of December 5, 2007, was adjourned at 7:36 p.m. DON NEU Planning Director Bridget Desmarais Minutes Clerk 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, February 5, 2008, to consider approval of a General Plan Amendment to change the General Plan Land Use designation from Planned Industrial to Office and a Master Plan Amendment to change the Bressi Ranch Master Plan Land Use and Zoning designations from Planned Industrial to Office to develop a 1.94-acre parcel with a 19,760 square foot medical office building located on the southeast corner of El Camino Real and Town Garden Road in Planning Area 1 of the Bressi Ranch Master Plan and Local Facilities Management Zone 17 and more particularly described as: Lot 1 of Carlsbad Tract 02-15 Bressi Ranch, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 14960, filed in the office of the County Recorder of San Diego County, February 4, 2005 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 February 1, 2008. If you have any questions, please call Dan Halverson in the Planning Department at (760) 602-4631. If you challenge the General Plan Amendment or Master Plan Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: GPA 07-07/MP 178(F) CASE NAME: BRESSI RANCH MEDICAL PLAZA PUBLISH: JANUARY 25, 2008 CITY OF CARLSBAD CITY COUNCIL TO SCALE SITEMAP Bressi Ranch Medical Plaza GPA 07-07, MP178(F) Easy Peel Labels Use Avery® TEMPLATE 5160® P[CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 i A j^Feed Paper See Instruction Sheet | for Easy Peel Feature^ SAN MARCOS SCHOOL DIST STE 250 255 PICO AVE SAN MARCOS CA 92069 AVERY®5160® ENCINITAS SCHOOL DIST 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DIST 701 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 OLIVENHAIN WATER DIST 1966 OLIVENHAIN RD 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 VIEWRIDGE 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 10124 OLD GROVE RD SAN DIEGO CA 92131 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 CITY OF CARLSBAD PROJECT PLANNER 01/08/2008 Etiquettes faciles a peler Iltili<;p7 IP naharit AUFRY® R1fif>®Sens de eharaement Consultez la feuille H'mctri irti/M-t www.avery.com 1 onn_r:n_ AV/CDV -0~)-07 'W39AE aiqiiefliuoo LULU ujiu gg jeuuoj ap 8B8HDng, v€ g x [. az 213-050-22 First Industrial L P 898 N Sepulveda Blvd 750 El Segundo, CA 90245 213-110-01 Ecr Corporate Center 5600 Avenida Encinas 100 Carlsbad, CA 92008 213-110-07 Center For Natural Lands Mam 215 W Ash St Fallbrook, CA 92028 213-110-15 Aspirations Inc 1966 Cherrywood St Vista, CA 92081 213-110-16 Real Estate Collateral Manage 1903 Wright PI 180 Carlsbad, CA 92008 213-120-09 Bressi Gardenlane Lie 24800 Chrisanta Dr 200 Mission Viejo, CA 92691 213-260-01 Bressi Ranch Medical Plaza L" 1280 Bison Ave B960 Newport Beach, CA 92660 213-260-02 Slough Carlsbad L L C 444 N Michigan Ave 3230 Chicago, IL 60611 213-260-03 Slough Carlsbad L L C 444 N Michigan Ave 3230 Chicago, IL 60611 *** 9 Printed *** 213-050-11 Carlsbad Unified School 6225 El Camino Real Carlsbad, CA 92009 213-100-04 Walton CWCA Northpointe 76 6183 El Camino Real Carlsbad, CA 92009 21%100-04 Wai 6183 Caflsbad, C/ Jorthpointe 76 10 Real 213-100-07 Walton CWCA Northpointe 76 6197 El Camino Real Carlsbad, CA 92009 213-100-08 Walton CWCA Northpointe 76 6215 El Camino Real Carlsbad, CA 92009 213-100-06 Walton CWCA Northpointe 76 6221 El Camino Real Carlsbad, CA 92009 TI909 II II909 II ' Carlsbad Uftfild^ 6225 El Carlsbad, CA 92009 16926 VO 213-100-0702 Walton CWCAiNSHnj 6197 Carlsbad, CA 92009 82026 ¥0 s"" =£1.2 UOTSSTW 008^2 ya Ti.se JH 60-021-eiz 213-100-1JJ42C 80026 V3 ' 213-100-08 08T Td VO 'qosag uos-pe 0821 95-206 VO 'opuns 13 QSL PATS gpSA-[ndas I«868 label size 1 x 2 3/4" compatible with Averyf'''-BBQ c!i'!:.;:.;!te de format 25 iian x 7(1 mm "oiiinatihlfi ;»jtv. AVRIU'' City CouncilCity CouncilFebruary 5, 2008February 5, 2008 Bressi Ranch MedicalBressi Ranch MedicalPlaza Plaza GPA 07GPA 07--07 & MP 178 (F)07 & MP 178 (F) BressiBressiRanch AreaRanch AreaSITE EL CAMINO REAL TOWN GARDEN RDLocation MapLocation MapProject Site1.94 acresMetropolitan Street Council ConsiderationCouncil ConsiderationA recommendation to adopt a Negative Declaration; A recommendation to adopt a Negative Declaration; A General Plan Amendment A General Plan Amendment ––Planned Industrial (PI) to Planned Industrial (PI) to Office (O); and,Office (O); and,An Amendment to the An Amendment to the BressiBressiRanch Master Plan Ranch Master Plan ––Change the underlying zone from Planned Industrial (PChange the underlying zone from Planned Industrial (P--M) M) to Office (O).to Office (O). Background On December 5On December 5thth, 2007 the Planning Commission heard a , 2007 the Planning Commission heard a request for: request for: ••A General Plan Amendment;A General Plan Amendment;••A Master Plan Amendment;A Master Plan Amendment;••A Tract Map;A Tract Map;••A Site Development Plan;A Site Development Plan;••A NonA Non--Residential Planned Development Permit; and,Residential Planned Development Permit; and,••A Special Use Permit. A Special Use Permit. Elevations Site Plan RecommendationRecommendationStaff recommends that City Council Staff recommends that City Council Introduce Ordinance No. NSIntroduce Ordinance No. NS--874 Approving 874 Approving Master Plan Amendment 178 (F); and,Master Plan Amendment 178 (F); and,Adopt Resolution No. 2008Adopt Resolution No. 2008--027 adopting a 027 adopting a Negative Declaration and approving General Negative Declaration and approving General Plan Amendment 07Plan Amendment 07--07. 07.