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HomeMy WebLinkAbout2008-08-12; City Council; 19546; Carlsbad PaseoCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 19,546 I 08/12/08 PLN CUP 07-03/CDP 07-07 CITY ATTY. CITY MGR. RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2008-234 ADOPTING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and APPROVING Conditional Use Permit (CUP 07-03) and Coastal Development Permit (CDP 07-07) as recommended for adoption and approval by the Planning Commission. ITEM EXPLANATION: Project Application(s) Environmental Review Conditional Use Permit Coastal Development Permit Administrative Approvals Planning Commission RA RA RA City Council X X X RA = Recommended Approval * = Final City decision-making authority s = requires Coastal Commission approval On July 16, 2008 the Planning Commission conducted a public hearing and recommended adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and recommended approval (6-0-1, Commissioner Cardosa absent) of a Conditional Use Permit (CUP) and Coastal Development Permit (CDP) for the Carlsbad Paseo project, located north of King's Fish House, south of Car Country Drive, east of the lnterstate-5 freeway, and west of Paseo Del Norte, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 3. There was discussion regarding adequacy of parking during peak periods and seasonal events, and pedestrian access across Paseo Del Norte between the proposed project and the Carlsbad Premium Outlets. Please see the attached Planning Commission minutes for details. The development proposal is for the construction of a 7,511 square foot stand alone restaurant, a 44,391 square foot commercial retail center, and creation of a vacant pad for a future stand alone restaurant. The project is located in the Commercial/Visitor-Serving Overlay Zone and therefore requires approval of a CUP. The project is also within the Mello II Segment of the Local Coastal Program and therefore requires a CDP. The City has permit authority of the CDP. The project's Travel-Recreation (T-R) General Plan Land Use designation and Commercial Tourist (C-T) zoning supports the type of uses being proposed along the freeway to serve the travel and recreational needs of tourists, residents, and employees of the surrounding business and industrial centers. As discussed in the Planning Commission staff report and resolutions, the project complies with all applicable development standards of the C-T Zone and the Commercial/Visitor-Serving Overlay Zone with regards to parking, building height, setbacks, lighting, and landscaping, and all required findings for DEPARTMENT CONTACT: Jason Goff 760-602-4643 jgoff@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED * nnnn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D Page 2 approval can be made. The project has been designed in the "Alternative" architectural style and features high quality design and detailing consistent with the Commercial/Visitor-Serving Overlay Zone requirements. The project in concept was reviewed and supported by the Community Development Director at the conclusion of the pre-filing process dated November 21, 2006. FISCAL IMPACT: All public facilities required to serve the project will be constructed prior to or concurrent with development as mandated by the Zone 3 Local Facilities Management Plan. Since these improvements will be constructed by the developer, no negative fiscal impact will be incurred by the City. The applicant will be responsible for any frontage improvements that are necessary along Paseo Del Norte. ENVIRONMENTAL IMPACT: The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). The initial study (EIA Part II) prepared in conjunction with the project identified potentially significant effects on the environment with respect to noise and traffic circulation. However, mitigation measures have been employed, which reduce those effects to a less than significant level. In consideration of the foregoing, a Mitigated Negative Declaration was issued by the Planning Director on May 20, 2008. EXHIBITS: 1. City Council Resolution No. 2008-234 2. Location Map 3. Planning Commission Resolutions No. 6435, 6436, and 6437 4. Planning Commission Staff Report dated July 16, 2008 5. Draft excerpts of Planning Commission minutes dated July 16, 2008. EXHIBIT 1 1 RESOLUTION NO. 2008-234 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED 3 NEGATIVE DECLATRATION AND MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING A 4 CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW DEVELOPMENT OF A 7,511 SQUARE 5 FOOT STAND ALONE RESTAURANT, A 44,391 SQUARE FOOT COMMERCIAL RETAIL CENTER, AND A VACANT PAD FOR A 6 FUTURE STAND ALONE RESTAURANT ON PROPERTY GENERALLY LOCATED NORTH OF KING'S FISH HOUSE, 7 SOUTH OF CAR COUNTRY DRIVE, EAST OF THE INTERSTATE 5 FREEWAY, AND WEST OF PASEO DEL 8 NORTE, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT 9 ZONE 3. CASE NAME: CARLSBAD PASEO 10 CASE NO.: CUP 07-03/CDP 07-07 11 The City Council of the City of Carlsbad, California, does hereby resolve as 12 follows: 13 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 14 Commission did, on July 16, 2008, hold a duly noticed public hearing as prescribed by law to 15 consider Conditional Use Permit (CUP 07-03) and Coastal Development Permit (CDP 07-07); 16 and 17 WHEREAS, the City Council of the City of Carlsbad, on the 12tb day of 180 August , 2008, held a duly noticed public hearing to consider said Conditional Use 1 9 Permit and Coastal Development Permit, and at that time received recommendations, 20 objections, protests, comments of all persons interested in or opposed to CUP 07-03 and CDP 21 07-07. 22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of 23 the City of Carlsbad as follows: 24 1. That the above recitations are true and correct. 25 2. That the recommendation of the Planning Commission for the adoption of 26 a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approval of a Conditional Use Permit and Coastal Development Permit are adopted and 27 approved, and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 6435, 6436, and 6437 on file with the City Clerk and 28 incorporated herein by reference, are the findings and conditions of the City Council. 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 3. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the nineteenth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 12tb day of August 2008, by the following vote, to wit: AYES: Council Members Lewis, Kulcbin, Hall and Packard. NOES: None. ABSENT: Council Member Nygaard. CLAUDE A. LEWIS, Mayor ATTEST: LQRRAINE/Ml WOOD, City Cle ''- -^SW^" x'**«,*>* -2- EXHIBIT 2 SITEMAP NOT TO SCALE Carlsbad Paseo CUP 07-03/CDP 07-07 EXHIBIT 3 1 PLANNING COMMISSION RESOLUTION NO. 6435 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION 4 AND MITIGATION MONITORING AND REPORTING PROGRAM TO ALLOW FOR THE SUBDIVISION OF A 6.96- ACRE PARCEL INTO THREE PARCELS, AND THE 6 CONSTRUCTION OF A 7,511 SQUARE FOOT STAND ALONE RESTAURANT, A 44,391 SQUARE FOOT 7 COMMERCIAL RETAIL CENTER, AND A VACANT PAD FOR A FUTURE STAND ALONE RESTAURANT ON 8 PROPERTY GENERALLY LOCATED ON THE WEST SIDE 9 OF PASEO DEL NORTE, NORTH OF KING'S FISH HOUSE, SOUTH OF CAR COUNTRY DRIVE, AND EAST OF THE 10 INTERSTATE 5 FREEWAY, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND 11 LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: CARLSBAD PASEO 12 CASE NO.: CUP 07-03/CDP 07-07/MS 07-02 13 WHEREAS, Strategic Property Advisors, Inc., "Developer," has filed a verified 14 application with the City of Carlsbad regarding property owned by CPT/SC Title Holding <, Corporation, "Owner," described as 17 Portions of Parcel 2 and 3 of Parcel Map No. 11284, filed in the Office of the County Recorder of San Diego County, May 11, 18 1981 and Lot 4 of Carlsbad Tract No. 92-7 (Carlsbad Ranch Unit 1 and Unit 2), according to map thereof No. 13078, filed in 19 the Office of the County Recorder of San Diego County, December 28, 1993, all in the City of Carlsbad, County of San 20 Diego, State of California, more particularly described as follows: 21 Beginning at the northeasterly corner of said Parcel 3, said 22 corner being the most northerly corner of said Lot 4, said corner being the point of beginning; thence southerly along the 23 easterly line of said Lot 4, south 22°29'26" east (south 22°29'26" east per said Map No. 13078) 925.00 feet to the 24 beginning of a tangent curve concave northeasterly having a ?. radius of 557.00 feet; thence southeasterly along said curve through a central angle of 11°20'36" a distance of 110.27 feet 25 to a point on said easterly line, a radial through said point bears south 56°09'58" west; thence leaving said easterly line 27 south 55°50'26" west 343.71 feet to the westerly line of said Parcel 2; thence northwesterly along the westerly line of said 28 Parcels 2 and 3, north 26°48'03" west (north 26°47'14" west per said parcel map 11284) 738.65 feet to an angle point corner of said Parcel 3; thence continuing along said westerly line north 25°12'24" west 300.01 feet (north 25°11'47" west 300.01 / * feet per said parcel map) to an angle point corner of said ~ parcel map; thence continuing along said westerly line north 26°15'29" west 68.05 feet (north 26°15'48" west 68.03 feet per 3 said parcel map) to the northwest corner of said Parcel 3 of said parcel map; thence easterly along the northerly line of 4 said Parcel 3, north 67°31'12" east 399.93 feet (north 67°31'17" east 400.00 feet per said parcel map) to the point of beginning. Said land is also described as Parcel A in that certain Certificate of Compliance for Adjustment Plat, dated October 7 1, 2002, and recorded October 18, 2002, as Document No. 2002-0913260, official records of San Diego County, California. 8 ("the Property"); and I 0 WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and I1 Reporting Program was prepared in conjunction with said project; and 12 WHEREAS, the Planning Commission did on July 16, 2008, hold a duly noticed 13 public hearing as prescribed by law to consider said request; and 14 WHEREAS, at said public hearing, upon hearing and considering all testimony 15 and arguments, examining the initial study, analyzing the information submitted by staff, and 16 considering any written comments received, the Planning Commission considered all factors 18 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 19 Program. 20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 21 Commission as follows: 22 A) That the foregoing recitations are true and correct. 23 B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative 25 Declaration and Mitigation Monitoring and Reporting Program, Exhibit "MND," according to Exhibits "NOI," and "PII," attached hereto and made a part 26 hereof, based on the following findings: 27 Findings; 28 1. The Planning Commission of the City of Carlsbad does hereby find: PC RESO NO. 6435 -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 it has reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for CARLSBAD PASEO - CUP 07-03/CDP 07-07/MS 07-02, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have 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 they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and based on the EIA Part II and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on the environment. Conditions: 1. Developer shall implement, or cause the implementation of, the CARLSBAD PASEO - CUP 07-03/CDP 07-07/MS 07-02 Project Mitigation Monitoring and Reporting Program. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on July 16,2008, by the following vote, to wit: AYES: NOES: Commissioners Baker, Boddy, Dominguez, Douglas, Montgomery, and Chairperson Whitton ABSENT: Commissioner Cardosa ABSTAIN: F£ANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PCRESONO. 6435 -3- City of Carlsbad Planning Department NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION CASE NAME: CASE NO: PROJECT LOCATION: Carlsbad Paseo CUP 07-Q3/CDP 07-07/MS 07-02 West side of Paseo del Norte. south of Car Country Dr. & east of 1-5 ("5700 Paseo Del Norte. Carlsbad. CA 92008) PROJECT DESCRIPTION: The proposed project entails the subdivision of a 6.96-acre Commercial- Tourist (C-T-Q) zoned property into 3 lots (ranging in size from 1.6 to 3.5 acres), and the construction of a 7,511 sq. ft. stand alone restaurant, a 44,391 sq. ft. two-story retail commercial center, and a 533 space parking lot located on the west side of Paseo del Norte, south of Car Country Drive, and east of the Interstate 5 freeway. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad City Council. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of the date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Jason Goff in the Planning Department at (760) 602-4643. PUBLIC REVIEW PERIOD PUBLISH DATE May 20. 2008 -June 19. 2008 May 20. 2008 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 « FAX (760) 602-8559 • www.ci.carlsbad.ca.us ENVIRONMENTAL IMPACT ASSESSMENT FORM - INITIAL STUDY (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: CUP 07-03/CDP 07-07/MS 07-02 DATE: May 9. 2008 BACKGROUND 1. CASE NAME: Carlsbad Paseo 2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad 3. CONTACT PERSON AND PHONE NUMBER: Jason Goff. (760) 602-4643 4. PROJECT LOCATION: West side of Paseo del Norte. south of Car Country Drive, and east of the 1-5 (5700 Paseo Del Norte. Carlsbad CA) 5. PROJECT SPONSOR'S NAME AND ADDRESS.: Planning Systems Inc.. 1530 Faraday Avenue. Suite 100. Carlsbad. CA 92008 ' - 6. GENERAL PLAN DESIGNATION: (T-R) Travel Recreation Commercial 7. ZONING: C-T-Q (Commercial Tourist with a Qualified Development Overlay Zone) 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): Army Corps of Engineers 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: The proposed project includes a Conditional Use Permit (CUP 07-03), Coastal Development Permit (CDP 07-07), and Minor Subdivision Map (MS 07-02) to allow for the subdivision and development of a 6.96-acre Commercial-Tourist (C-T-Q) zoned parcel (APN 211-021-30) located on the west side of Paseo del Norte, south of Car Country Drive, and east of the Interstate 5 freeway. The parcel is being subdivided into three separate parcels. Parcel A is approximately 1.6 acres in size and will include a 7,511 sq. ft. stand alone restaurant for P.P. Chang's. Parcel B is approximately 3.5 acres in size and will include a 44,391 sq. ft. two-story retail commercial center. Parcel C is approximately 1.9 acres in size and will be pad graded and improved with parking and landscaping for a future stand alone restaurant tenant. Parcel C is providing 162 parking spaces, which are enough spaces to accommodate a future restaurant of approximately 9,100 sq. ft. in size. A total 533 parking spaces are being provided for the three uses. Two additional points of vehicular access for ingress and egress are proposed along Paseo del Norte. One of the proposed driveways is aligned with the existing driveway for the Carlsbad Premium Outlets, and the other is aligned with Car Country Drive. The intersection of Car County Drive and Paseo del Norte is presently a signalized intersection, which will be modified to accommodate signalized traffic movements for ingress and egress of the site, and for new pedestrian movements. 10 Project Nutnber(s): cUP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo The parcel is zoned C-T-Q (Commercial Tourist with a Qualified Development Overlay Zone). The current General Plan Land Use designation is T-R (Travel Recreation Commercial). No change is being proposed to either the General Plan or Zoning. The site is located within Local Facilities Management Plan (LFMP) Zone 3 in the northwest quadrant of the City of Carlsbad. Surrounding land uses include a vehicle storage site for Ken Grody Ford to the north, a stand alone restaurant (King's Fish House) to the south, Carlsbad Premium Outlets to the east, and Interstate 5 to the west. The parcel is presently undeveloped, but has been previously graded into an artificial fill pad forming the majority of the site. The site is topographically level with drainage relief to the west. The site location has an existing elevation of between 59 and 62 feet above mean sea level (AMSL). Grading of the site will require 10,109 cubic yards of cut, 13,864 cubic yards of fill, and 4,670 cubic yards of remediation. A concrete-lined trapezoidal-shaped drainage channel bisects the site towards its southern boundary. Project improvements include replacement of the open drainage channel with an underground concrete box culvert. Improvements are required within the Caltrans right-of-way at the outflow of the proposed box culvert, which requires the processing of an encroachment permit. ' ' - No Habitat Management Plan (HMP) listed sensitive habitat or plant species occur on the property. No species of animals listed as rare, threatened, endangered or otherwise sensitive by the U.S. Fish & Wildlife Service (USFWS) or California Department of Fish & Game (CDFG) are present on or adjacent to the site. No jurisdictional wetlands as defined by the U.S. Army Corps of Engineers and CDFG exist on or adjacent to the site. Rev. 12/13/07 Project Number(s): oUP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. I I Aesthetics I I Agricultural Resources Air Quality Biological Resources Cultural Resources | 1 Geology/Soils Noise Hazards/Hazardous Materials LJ Population and Housing I I Hydrology/Water Quality I | Land Use and Planning K 71 Transportation/Circulation Utilities & Service Systems Public Services Recreation Mineral Resources Mandatory Findings of Significance - Rev. 12/13/07 Project Number(s): CUP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo DETERMINATION. (To be completed by the Lead Agency) D I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. /\ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. ' ' ' I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. Date Planning Director's Signature Date Rev. 12/13/07 Project Number(s): cUP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment (EIA) to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly adverse. • • Based on an "EIA-Initial Study", if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. Rev. 12/13/07 1 Project Number(s): CUP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Initial Study analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears after each related set of questions. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. Rev. 12/13/07 Project Number(s):P 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? Potentially Significant Impact n n n Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact n n D a-c) No Impact. The project site is located along the west side'of Paseo del Norte, between Car Country Drive and Palomar Airport Road, and is zoned for Tourist Commercial (C-T) uses. Surrounding land uses include a vehicle storage site for Ken Grody Ford to the north, a stand alone restaurant (King's Fish House) to the south, Carlsbad Premium Outlets to the east, and Interstate 5 to the west. No scenic vistas, trees or rock outcroppings will be impacted by the proposed project. No buildings, including historic buildings, are located on or adjacent to the site. The area of proposed impact is not located within the view shed of a State scenic highway or any State highway that is designated by Caltrans as eligible for listing as a scenic highway. The proposed project has been designed to comply with all City development and design standards, including the City of Carlsbad Landscape Manual and the Commercial-Visitor Serving Overlay Zone. As such, the proposed project will be harmoniously situated amongst the surrounding land uses, and therefore will not degrade the existing visual character or the quality of the site and its surroundings. d) Less than Significant Impact. At the present time, the subject site contains no lights and produces no glare. However, the proposed project will change the appearance of the subject site from an undeveloped parcel to a developed site with commercial uses. Light and glare from the proposed project is not anticipated to be significantly greater than that projected from other similar uses within the surrounding area. Standard development practices require that all exterior light sources be shielded downward to avoid any offsite glare. The proposed development modifications will involve an increase in urban appearance, but will not be dissimilar from existing uses within the area. This increase should not result in significant new sources of light and glare, and will not adversely affect day or nighttime views within the area. 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: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact Rev. 12/13/07 Project Number(s): a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? Potentially Significant Impact D 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo Potentially Significant Unless Mitigation Incorporated D n Less Than Significant No Impact Impact n a-c) No Impact. The subject site does not contain prime farmland, unique farmland or farmland of statewide importance. The proposed project is consistent with the Travel-Recreation Commercial (T-R) General Plan Land Use designation for the site, which anticipates and allows for visitor attractions and commercial uses that serve the travel and recreational needs of tourists,'residents, and employees of surrounding business and industrial centers. The subject site is zoned for Commercial Tourist (C-T) land uses and is not encumbered by any Williamson Act contracts. The project will not result in other changes to the existing environment, which due to their location will result in the conversion of farmland to non-agricultural uses. Given the existing commercial land use designation of the property, existing commercial development surrounding the site, and a lack of any existing agricultural infrastructure, it is unlikely that agricultural operations could be viable at this location. Development of the site as proposed will not adversely affect agricultural resources. Therefore, no impact is assessed. III. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated n n n n Less Than Significant No Impact Impact n n n Rev. 12/13/07 17 Project Number(s): ^JP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo a) No Impact. The project site is located in the San Diego Air Basin which is a state non-attainment area for ozone (O3) and for participate matter less than or equal to 10 microns in diameter (PM[0). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A Plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. ,' Section 15125(B) of the State of California Environmental-Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: • Is a regional air quality plan being implemented in the project area? • Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. Therefore, no impact is assessed. 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 would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15130(a)(4), the proposed project's contribution to the cumulative impact is considered de minimus. Any impact is assessed as less than significant. Rev. 12/13/07 If)•T '\b Project Number(s):, JP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo 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. Therefore, 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. Therefore, no impact is assessed. 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 D D D Q in n n n D a, b, c, & 0 No Impact. The City of Carlsbad has an adopted Habitat Management Plan (HMP), which is a comprehensive, citywide, program to identify how the City, in cooperation with the federal and state wildlife agencies, can preserve the diversity of habitat and protect sensitive biological resources within the City while allowing for additional development consistent with the City's General Plan and its Growth Management Plan. In so doing, the Plan is intended to lead to citywide permits and authorization for the incidental take of sensitive species in conjunction with private development projects, public projects, and other activities, which are consistent 10 Rev. 12/13/07 r Project Number(s): uUP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo with the Plan. As discussed in the subsequent passages, the project does not conflict with any of the provisions of theHMP. The 6.96-acre project site is an undeveloped, infill parcel occurring within a densely urbanized area. The site has been rough-graded and is surrounded by a vehicle storage site for Ken Grody Ford to the north, a stand alone restaurant (King's Fish House) to the south, Carlsbad Premium Outlets to the east, and Interstate 5 to the west. According to the City of Carlsbad's HMP, the site is identified as a Development Area, and is not located adjacent to or near any Standards Area or Existing/Proposed Hardline Preserve Areas. A Preliminary Vegetation Assessment was prepared for the project site by Planning Systems, Inc. on May 16, 2007, and according to the report, the site supports 6.29-acres of Annual (Non-Native) Grassland (NNG), 0.55-acres of Exotic Species, and 0.12-acres of Developed Lands. The project will permanently impact 6.29 acres of the NNG, and 0.55 acres of Exotic Species. The 0.12-acres of developed land, which is an existing concrete-lined trapezoidal- shaped drainage channel, will be temporarily impacted during the construction/conversion to an underground box- culvert. Pursuant to the HMP, the developer will be conditioned as part of the project to pay in-lieu fees for impacts to 6.29-acres of NNG (Group-E Habitat) and 0.55-acres of Exotic species (Group-F Habitat). Sensitive Plant Species According to the preliminary vegetation assessment, no sensitive plant species listed by the United States Fish & Wildlife Service (USFWS), California Department of Fish & Game (CDFG), or the HMP were observed onsite. A listing of the sensitive plant species with'a "potential for occurrence" on the property was prepared. The Del Mar Mesa Sand Aster (Corethrogyne filaginifolia var. linifolid) is the only species listed in the report as having a high potential for occurrence onsite. The site was intensively searched and none were determined to be present. The Nuttal's Scrub Oak (Quercus dumosa} and Engelmann Oak (Quercus engelmanni) were reported as having a moderate to high potential of occurrence onsite, however none were observed. The majority of other sensitive plant species listed in the report are identified as having a low potential of occurrence onsite. The report cites several factors, which severely limit the likelihood of any sensitive plant species from occurring onsite (i.e., no native habitat and very few individual native plants occur onsite; the marina soils occurring onsite are not likely to support sensitive species; the parcel has been rough graded in the past; and the property is regularly maintained, including all Annual Grasslands). Therefore, no impact to sensitive plant species is assessed. Sensitive Wildlife Species According to the preliminary vegetation assessment, an investigation of sensitive animal species occurring onsite was not necessary given the highly disturbed nature of the site and lack of any existing natural habitat. No listed or sensitive animal species are anticipated to nest or exist on the site. Therefore, no impact to sensitive wildlife species is assessed. Sensitive Wetland Habitat/Species A Wetland Delineation Study for the project was prepared by Planning Systems, Inc. on April 2, 2008. The objective of the delineation study was to determine the boundaries of U:S. Army Corps of Engineers (USAGE) Section 404 jurisdictional wetlands and California Department of Fish & Game (CDFG) Section 1601-1603 jurisdictional wetlands on the proposed project site. Potential jurisdictional areas for this project consist of a single concrete-lined trapezoidal-shaped drainage channel of 255 feet in length bisecting the property towards its southern boundary. Project improvements include replacement of the open drainage channel with an underground concrete box culvert. The wetland delineation study analyzed wetland vegetation, wetland hydrology, and hydric soils. According to the report, no wetland habitat exists on or adjacent to the site; the entire drainage channel (0.053 acres) is classified as non-wetland waters of the United States given the scarcity of wetland indicator species, the lack of wetland hydrology, and the absence of hydric soils; and due to the urbanized nature of the drainage channel, and most particularly the concrete lining in the absence of a natural channel, the CDFG does not have jurisdictional areas on this site. However, implementation of the proposed project will result in a temporary impact to 0.053-acres of USAGE jurisdictional non-wetland waters of the United States due to the removal of the concrete-lined drainage channel. 11 Rev. 12/13/07 Project Number(s):07-03/CDP 07-07/MS 07-02 Proj ect Name: Carlsbad Paseo The impact is considered temporary because the channel will be replaced by an underground box-culvert, which will transfer upstream drainage across the properly for discharge at the same location as the channel being replaced by the box-culvert. The temporary impact of 0.053-acres of non-wetland waters of the United States will require issuance of a Clean Water Act Section 404 Nationwide Permit. The proposal to replace a currently serviceable drainage structure with an underground box-culvert, which fulfills the same purpose, is authorized pursuant to NWP 39, which permits the discharge of dredge or fill material into non-tidal waters of the United States for the construction or expansion of residential, commercial, and institutional building foundation and attendant features that are necessary for the use and maintenance of the structures, provided it impacts less than 300 linear feet or Vz acre of waters of the United States. The project does not require a Streambed Authorization Permit pursuant to CDFG Code Section 1603, in that no impacts to a natural creek or channel are associated with the project. A Section 401 water quality certificate (or waiver) will be required from the California Regional Water Quality Control Board to permit the replacement of the concrete-lined channel with an underground box-culvert. The project will be conditioned to consult with the above agencies for each of the associated permits. d) No Impact. Construction of the proposed project is not expected to impede local wildlife movement or migratory fish or wildlife movement. The subject site is not located within any of the HMP Core Focus Planning Areas, nor is the site adjacent to or near any Standards Area or Existing/Proposed Hardline Preserve Areas. Therefore, no impact is assessed. e) No Impact. The City of Carlsbad has no adopted tree preservation policy or ordinance which would affect the subject project. The subject project will not impact trees or other biological resources protected by such policy or ordinance except as otherwise described above. No trees exist on the subject site, therefore no impact is assessed. V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the signifi- cance of an archeo logical resource pursuant to §15064.5? c) Directly or indirectly destroy a unique pale ontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Potentially Significant Impact D D D Potentially Significant Unless Mitigation Incorporated D Less Than Significant No Impact Impact D El a-d) No Impact. There are no historical resources, archeological resources, paleontological resources, or human remains known, or are expected to, exist on site. The project site is considered to be in a highly disturbed state surrounded by urban development and the Interstate-5 freeway. Prior to the site being parceled and zoned for development, the site was encumbered by the old road alignment for Paseo del Norte and several large underground 12 Rev. 12/13/07 Project Number(s):07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo utilities that spanned the entire project site. The old roadway and underground utilities have since been excavated and removed. Paseo del Norte has been located to its existing alignment, and the subject parcel created as a result. Despite extensive excavation in the past for the development and removal of the old roadway and underground utilities, the project site has also been annually disked and/or mowed for fire and weed control. Furthermore, with the development of the Carlsbad Premium Outlets located across the street, additional excavation occurred on site for the installation of a 255 ft. long concrete-lined trapezoidal-shaped drainage channel (approximately 10 ft. wide by 5 ft. deep). This channel bisects the project site near its southern boundary and drains towards another concrete lined drainage channel, which runs parallel with the northbound lane of the 1-5 freeway in Caltrans right-of-way. The project is proposing to replace the existing open channel with a box-culvert; however, some offsite improvements are necessary within Caltrans' right-of-way to connect these two drainages improvements. The area of offsite improvements within the Caltrans right-of-way will also occur within an area that has experienced previous excavation for the construction of existing drainage improvements. Given the highly disturbed state of the site, and disturbed nature of the area within Caltrans' right-of-way, no impact to historical, archeological, or paleonto logical resources is assessed. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? D D D D Dn nn n n n 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? n n n n 13 Rev. 12/13/07 Project Number(s): c JP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo a.i.) No Impact. There are no Alquist-Priolo Earthquake Fault zones within the City of Carlsbad and there is no other evidence of active or potentially active faults within the City. Therefore, no impact is assessed. a.ii.) Less Than Significant Impact. A Geotechnical Engineering Investigation Report of the site was prepared by Testing Engineers San Diego, Inc. on September 26, 2006 (Contract No. 148028). According to the report, the most significant hazard at the site is considered to be shaking caused by an earthquake occurring on a nearby or distant active fault. The site is located in a seismically active area, as is the majority of Southern California. Active faults within a 62-mile radius of the site include the Rose Canyon, Coronado Bank, Elsinore-Julian, Newport-Englewood (offshore segment), Elsinore-Coyote Mountain, and Earthquake Valley. Although the site could be subjected to strong ground shaking in the event of an earthquake, this hazard is common in Southern California. Standard design conformance with the California Building Code (CBC), along with the recommendations contained within the referenced geotechnical report will reduce the effects of ground shaking to a level that is considered less than significant. a.iii.) Less Than Significant Impact. According to the geotechnical report, the structural site areas are underlain predominately by a very dense formational bedrock, and medium dense to dense artificial fills, which are not considered to be susceptible to liquefaction; the formational and artificial fill materials encountered in exploratory test borings at the foundation levels of the structural pads are not in the loose to medium-dense category typically associated with seismic settlement; and the site is not located in an area of known ground subsidence due to the withdrawal of subsurface fluids. Therefore, the potential .for liquefaction and associated ground deformation occurring beneath the structural site area is considered to be low, seismic settlement of unsaturated deposits is not anticipated to affect the proposed structures, and the potential for subsidence occurring at the site due to the withdrawal of oil, gas, or water is considered to be remote. a.iv.) No Impact. According to the geotechnical report, the project site location has an existing ground elevation of 59 to 62 feet above mean sea level (AMSL), and is generally level with drainage relief to the west. Given the gently sloping topography of the site, and the dense, moderately cemented or cohesive character of the formational materials at shallow depths, the potential for both gross slope stability problems and lurching (earth movement at right angles to cliff or steep slopes during ground shaking) are considered to be low. No landslides are known to exist on or near the site, and the site is not located in the path of any known landslides. Therefore, no impact is assessed. b) Less Than Significant Impact. The subject property is an undeveloped parcel. During the finish grading, the exposure of soils would lead to an increased chance for the erosion of soils from the site. Such grading will follow best management practices for the control of erosion, such as straw bale or sandbag barriers, silt fences, slope roughening, and outlet protection in exposed areas. Finished grades will be promptly hydroseeded or otherwise protected as required per the adopted City Grading Ordinance. If necessary, temporary slope cover such as jute matting or mulch will be applied to newly graded slopes to reduce the impact to soil erosion or the loss of topsoil to a level of less than significant. c) No Impact. According to the geotechnical report, the site is not located on a geologic unit or soil that is considered to be unstable, or that would become unstable as a result of the project. Therefore, no impact is assessed. d) No Impact. According to the geotechnical report, laboratory test results of the soils examined from the site had an expansion index of 21, which has an associated expansion potential considered to be low. The project will not subject life or property to substantial risk as a result of expansive soils. Therefore, no impact is assessed. e) No Impact. The proposed project does not propose the use of septic tanks, but instead will utilize the public sewer system. There will be no impacts involving soils, which support the use of septic tanks or alternative wastewater disposal systems. Therefore, no impact is assessed. 14 Rev. 12/13/07 .,, ' Project Number(s):07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact n D D n D n D n n a-b) Less Than Significant Impact. The project consists of grading operation and construction activity for the development of a two-story retail center and two stand alone restaurants. During the construction phase of the proposed project, construction equipment and materials that are typically associated with land development (i.e. petroleum products, paint, oils and solvents) will be transported and used onsite. Upon completion of project construction, some use of hazardous cleaning products on the site may occur. Other than during this construction phase, the project will not routinely utilize hazardous substances or materials. The site currently displays no evidence of chemical surface staining, or hazardous materials/waste and/or petroleum contamination. AH transport, handling, use, and disposal of any cleaning substances will comply with all federal, state, and local laws regulating 15 Rev. 12/13/07 Project Number(s):07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo the management and use of such materials. No extraordinary risk of accidental explosion or the release of hazardous substances is anticipated with construction, development, and implementation or operation of the proposed project. It is concluded that the routine amount of hazardous materials utilized during the construction period is not significant, and therefore impacts to the public or the environment through the routine transport, use, or disposal of hazardous materials is considered to be less that significant c) No Impact. The nearest schools to the subject site are Pacific Rim Elementary located approximately 1 .3 miles to the southeast, and Kelly Elementary located approximately 1.6 miles to the northeast. No existing or proposed schools are located within one-quarter mile of the project. Therefore, no impact is assessed. d) No Impact. The subject property is not included on any lists or registry of sites containing hazardous materials, and has no known previous use or history that involved the use or storage of hazardous materials. Therefore, no impact is assessed. e-f) No Impact. The subject site is located approximately 1.9 miles west of the McClellan-Palomar Airport runway and approximately 270 feet below the surface of the runway. The project site is located within the Airport Influence Area as identified in the Airport Land Use Compatibility Plan (ALUCP) for the McClellan-Palomar Airport. The proposed retail center and restaurant uses fall within Land Use Category No. 8 of the ALUCP Noise/Land Use Compatibility Matrix (Commercial-Retail, Shopping Centers, Restaurants, and Movie Theaters). According to the ALUCP, the southern half of the project site is located within the 60 CNEL noise contour with the northern half located just outside. The types of uses proposed are considered compatible with the aircraft noise exposure at the site. Therefore, no impact is assessed. ' " • g-h) No Impact. The project will not impair the implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan, nor is the project located in an area that will expose people or structures to a significant risk of loss, injury or death involving wildland fires. Therefore, no impact is assessed. 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)? 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D 16 Rev. 12/13/07 L-" Project Number(s): cJP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo 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) Inundationjiy seiche, tsunami, or mudflow? 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? 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? p) Impact aquatic, wetland, or riparian habitat? q) Result in the exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? Potentially Significant Impact D Potentially Significant Unless Less Than Mitigation Significant No Incorporated Impact Impact D D D D D D D x [x] 17 Rev. 12/13/07 i f .U? Project Number(s): u JP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo a) Less Than Significant Impact. Federal, state and local agencies have established goals and objectives for storm water quality in the region. The proposed project prior to the start of construction, will comply with all federal, state and local permits including the Storm Water Management Plan (SWMP) required under the County of San Diego Watershed Protection, Storm Water Management, and Discharge Control Ordinance (WPO) (Section 67.871), the City of Carlsbad's Standard Urban Storm Water Management Plan (SUSMP), and the National Pollution Discharge Elimination System (NPDES) from the Regional Water Quality Control Board (RWQCB). The project will develop and implement specific erosion control and best management practices to protect downstream water quality. These plans will ensure that acceptable water quality standards will be maintained both during construction as well as post- development. b) Less Than Significant Impact. The project does not propose to directly draw any groundwater; instead it will be served via existing public water distribution lines within the public right-of-way adjacent to the site. Existing water lines will adequately serve the project's water demands. Rainwater infiltration is needed to provide adequate groundwater recharge. Therefore, the project incorporates Low Impact Development (LID) design features, which promote infiltration of storm water run-off by proposing to minimize impervious surface areas, directing run-off to landscape areas, and proposing a detention/infiltration "Storm Chamber" system, which reduces the amount of discharge and velocity of run-off to pre-development levels, and serves as a treatment BMP to attain water quality objectives. The project will not significantly deplete • groundwater supplies or quality. Therefore, impacts are considered to be less than significant. c) No Impact. There are no streams or rivers within or adjacenUo the site. Therefore, no impact is assessed. d) Less Than Significant Impact. A Preliminary Hydrology Report dated March 17, 2008, and a Preliminary Storm Water Management Plan (SWMP) dated March 19, 2008, was prepared for the project by Aquaterra Engineering Inc. According to the reports, the proposed project does not substantially alter the existing drainage pattern of the site. The amount of discharge and velocity of run-off will not significantly exceed pre-development levels, and therefore will not cause substantial erosion or flooding. Project grading is designed to maintain the existing drainage pattern. The project incorporates LID design features, which promote infiltration of storm water run-off by proposing to minimize impervious surface areas, directing run-off to landscape areas, and proposing a detention/infiltration "Storm Chamber" system, which reduces the amount of discharge and velocity of run-off to pre-development levels, and serves as a treatment BMP to attain water quality objectives. e) Less Than Significant Impact. According to the Preliminary Hydrology Report dated March 17, 2008, and the Preliminary Storm Water Management Plan (SWMP) dated March 19, 2008, which was prepared for the project by Aquaterra Engineering Inc., the project will not significantly impact the existing or planned storm water systems, nor will the total post development run-off significantly exceed the pre-development levels. The project is proposing a detention/infiltration "Storm Chamber" system, which reduces the amount of discharge and velocity of run-off to pre-development levels, and serves as a treatment BMP to attain water quality objectives. f) Less Than Significant Impact. The project will not substantially degrade the water quality as demonstrated in the Preliminary Hydrology Report dated March 17, 2008, and the Preliminary Storm Water Management Plan (SWMP) dated March 19, 2008, which was prepared for the project by Aquaterra Engineering Inc. The project incorporates LID design features, which promote infiltration of storm water run-off by proposing to minimize impervious surface areas, directing run-off to landscape areas, and proposing a detention/infiltration "Storm Chamber" system, which reduces the amount of discharge and velocity of run-off to pre-development levels, and serves as a treatment BMP to attain water quality objectives. g-j) No Impact. The project site is not located within a 100-year flood hazard area according to the Flood Insurance Rate Map. Map No. 06073C1027F. June 19.1997: and according to the City of Carlsbad Geotechnical Hazards Analysis and Mapping Study. Catastrophic Dam Failure Inundation. Tsunami and Seiche Hazard Zone Maps. September 1992. the project site is not located within an area affected by tsunami, seiche, or mudflow, nor is the site located within a Catastrophic Dam Failure Inundation Area. Therefore, no impact is assessed. k) Less Than Significant Impact. The project does not significantly increase erosion into receiving surface waters as demonstrated in the Preliminary Hydrology Report dated March 17, 2008, and the Preliminary Storm Water Management Plan (SWMP) dated March 19, 2008, that were prepared for the project by Aquaterra Engineering Inc. 18 Rev. 12/13/07 Project Number(s): v,JP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo According to these reports, the amount of discharge and velocity of run-off will not significantly exceed pre- development levels, and therefore will not cause substantial erosion into receiving surface waters. The project incorporates LID design features, which promote infiltration of storm water run-off by proposing to minimize impervious surface areas, directing run-off to landscape areas, and proposing a detention/infiltration "Storm Chamber" system, which reduces the amount of discharge and velocity of run-off to pre-development levels, and serves as a treatment BMP to attain water quality objectives. In addition, the project will be required to comply with the current NPDES requirements. A Storm Water Pollution Prevention Plan (SWPPP) will be required during construction phase to prevent short-term water quality impacts during or immediately after construction when graded areas are exposed to rain and storm water run-off. 1-p) Less Than Significant Impact. Storm water run-off drains from the site into the Agua Hedionda Lagoon and ultimately the Pacific Ocean. According to the California 2006 Clean Water Act Section 303(d) list published by the San Diego Regional Water Quality Control Board, Agua Hedionda Lagoon and the Pacific Ocean are listed as impaired water bodies by bacteria indicators. To address water quality of the project, BMP's will be implemented during construction and post construction phases, which specifically address bacteria and will also address sedimentation/siltation. In addition, other pollutants typically associated with the type of proposed development (i.e., nutrients from fertilizers, trash and debris, oxygen demanding substances, oil and grease from paved areas, and pesticides from landscaping) will be addressed through BMP's. As demonstrated in the project's Preliminary Storm Water Management Plan (SWMPX by Aquaterra Engineering Inc., dated March 19, 2008, the project will not significantly increase pollutant discharges and will not alter the water quality of the receiving surface waters, and the amount of discharge and velocity of run-off will not significantly exceed pre-development levels. The project is incorporating LID design features, which promote infiltration of storm water run-off by proposing to minimize impervious surface areas, directing run-off to landscape areas, and proposing a detention/infiltration "Storm Chamber" system, which reduces the amount of discharge and velocity of run-off to pre-development levels, and serves as a treatment BMP to attain water quality objectives. q) Less Than Significant Impact. The project will not result in the exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses as demonstrated in the Preliminary Hydrology Report dated March 17, 2008, and the Preliminary Storm Water Management Plan (SWMP) dated March 19, 2008, which were prepared for the project by Aquaterra Engineering Inc. The project incorporates LID design features, which promote infiltration of storm water run-off by proposing to minimize impervious surface areas, directing run-off to landscape areas, and proposing a detention/infiltration "Storm Chamber" system, which reduces the amount of discharge and velocity of run-off to pre-development levels, and serves as a treatment BMP to attain water quality objectives. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact IX. LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? I I I I I I b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation I I plan or natural community conservation plan? a-c) No Impact. The project is proposing commercial development, which is consistent with the existing and surrounding land uses. The site does not physically divide an established community, nor does the project conflict with any existing or proposed land use plans or policies of the City of Carlsbad. The proposed two-story retail 19 Rev. 12/13/07 Project Nutnber(s):P 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo center and two stand alone restaurants are appropriate land uses that are consistent with the Local Coastal Program land use designation of Travel Service (T-S). The project is consistent with the City of Carlsbad General Plan Land Use designation of Travel/Recreation Commercial (T-R), which designates areas for commercial uses that serve the travel and recreational needs of tourists, residents and employees of the business and industrial centers. The proposed two-story retail center and two stand alone restaurant uses will serve the travel and recreational needs of tourists, residents and employees of the surrounding businesses and industrial centers. The project is compatible with the City of Carlsbad Habitat Management Plan (see Section IV above). Therefore, no impact is assessed. Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact D D 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 I I I I I I IV1 important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? ' .. • ' - '; a-b) No Impact. There is no indication that the subject property contains any known mineral resources that would be of future value to the region or the residents of the State. Therefore, no impact is assessed. XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Potentially Significant Impact Potentially Significant Unless Less Than Mitigation Significant No Incorporated Impact Impact D Kl D D D 13 D n n D 20 Rev. 12/13/07 Project Number(s): wUP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo a) Potentially Significant Unless Mitigation Incorporated. An acoustical analysis was prepared for the proposed project by Urban Crossroads on December 11, 2007 (JN:05471-03) to determine compatibility with the City of Carlsbad's Noise Guidelines Manual. The report identifies vehicle noise from Interstate 5 and Paseo del Norte as the primary noise source in the vicinity of the project site. Building facade noise levels were found to be approximately 75 dBA or less at all buildings on the project site. The design of the buildings will be required to provide a minimum noise reduction of 20 dBA CNEL in order to comply with the City's interior Leg(h) standard of 55 dBA CNEL. According to the report, new construction will generally produce a "windows closed" noise reduction ranging from 25 dBA to 30 dBA. Therefore, with typical building construction, including a means of mechanical ventilation for all buildings onsite, the project will comply with the City of Carlsbad's 55 dBA CNEL interior noise standard for commercial uses. A mitigation measure has been applied to the project requiring mechanical ventilation and a supplemental acoustical analysis. The acoustical analysis also analyzed exterior noise impacts as they relate to the outdoor dining area proposed along the north side of Restaurant-A (P.P. Chang's). In order to block the transmission path of the roadway noise to the outdoor dining area, a 4-foot high noise barrier is conditioned to be constructed along the northern edge of the dining area, which will mitigate noise levels to a "conditionally acceptable" noise level of between 68.6 dBA CNEL and 70.2 dBA CNEL. According to the report, the noise barrier may be constructed of masonry block; stucco veneer over wood framing (or foam core), or 1 inch thick tongue and groove wood of sufficient weight per square foot; glass (Vi-inch thick), or other transparent material with sufficient weight per square foot; earthen berm; or any combination of these materials. Restaurant-A is designed with a 4-foot high wall consisting of a combination of '/4- inch thick tempered glass mounted on top of a masonry bjock wall with a stucco exterior finish. With the inclusion of a 4-foot high noise barrier, the exterior noise levels at the outdoor dining area will fall between the City of Carlsbad's "normally acceptable" policy goal of 65 dBA CNEL and the "conditionally acceptable" 75 dBA CNEL goal for exterior areas. A mitigation measure requiring a noise barrier around the outdoor dining area of Restaurant- A has been applied to the project. b & d) Less Than Significant Impact. The anticipated grading operation associated with the proposed project will result in a temporary and minor increase in groundborne vibration and ambient noise levels. Following the conclusion of grading, ambient noise level and vibrations are expected to return to pre-existing levels. c) No Impact. The project is located on an infill lot surrounding by existing urban development and the Interstate 5 freeway. The proposed commercial retail center and restaurants are not expected to increase the ambient noise levels in the project vicinity above levels existing without the project. Therefore, no impact is assessed. e-0 No Impact. The subject site is located approximately 1.9 miles west of the McClellan-Palomar Airport runway and approximately 270 feet below the surface of the runway. The project site is located within the Airport Influence Area as identified in the Airport Land Use Compatibility Plan (ALUCP) for the McClellan-Palomar Airport. The proposed retail center and restaurant uses fall into Land Use Category No. 8 of the ALUCP Noise/Land Use Compatibility Matrix (Commercial-Retail, Shopping Centers, Restaurants, and Movie Theaters). According to the ALUCP, the southern half of the project site is located within the 60 CNEL noise contour with the northern half located just outside. The types of uses proposed with the project are considered "compatible" according to the ALUCP with the aircraft noise exposure at the site. Therefore, no impact is assessed. 21 Rev. 12/13/07 Project Number(s):P 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo Potentially Potentially Significant Unless XII. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact D n n n n n a-c) No Impact. The proposed project is located on an infill site surrounded by vehicle storage for Ken Grody Ford to the north, a stand alone restaurant (King's Fish House) to the south, Carlsbad Premium Outlets to the east, and Interstate 5 to the west. The area surrounding the proposed .development is designated for Travel/Recreation Commercial (T-R) and Regional Commercial (R) General-Plan land uses. The intensity of the proposed development is consistent with the surrounding land uses and is also consistent with the Travel/Recreation Commercial (T-R) General Plan Land Use designation for the site. The project is anticipated to capture the existing residential community along with servicing the retail needs of tourists visiting the area. The project will not induce substantial growth in area, thereby necessitating the need for new housing, the extension of roads or other infrastructure; nor will it displace substantial numbers of people or existing housing, necessitating the construction of replacement housing elsewhere. Therefore, no impact is assessed. XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact nn Xn n n n 22 Rev. 12/13/07 Project Number(s): v UP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo a.i.-a.v.) No Impact. The proposed Carlsbad Paseo project will not effect the provision and/or availability of public facilities (i.e., fire protection, police protection, schools, parks, etc.). The proposed project shall be subject to the conditions and facility service level requirements within the Local Facilities Management Plan for Zone 3, therefore no significant public service impacts will occur. XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? « ' - . Pptentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D n n a-b) No Impact. The proposed project is not considered a use that would increase the use of existing neighborhood and regional parks, nor 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. Therefore, no impact is assessed. XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D n IEI X n 23 Rev. 12/13/07 Project Number(s): CUP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo 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 Unless Mitigation Incorporated Potentially Significant Impact D D D Less Than Significant Impact D D No Impact a) Potentially Significant Impact Unless Mitigation Incorporated. A Traffic Impact Analysis was prepared for the project by Darnell & Associates, Inc., dated March 2008. The proposed project would generate 3,752 Average Daily Trips (ADT), 71 AM peak hour trips and 300 PM peak hour trips. This traffic will utilize the following key roadways: Cannon Road, Palomar Airport Road, Paseo del Norte, and Interstate 5 (1-5). Existing traffic, design capacity(ies), project traffic, and percent of the existing traffic volume and the design capacity respectively on these arterials are listed in the table below: Roadway Existing Vol. Capacity Project Vol. (ADT) % of Existing/ (ADT) (ADT) Palomar Airport Road Cannon Road Paseo del Norte 52,936 28,237 10,831 60,000 40,000 30,000 1,313- 1,313' 2,251 % of Capacity 2.5/2.2 4.5/3.2 20.7/7.5 According to SANTEC/ITE Guidelines for Traffic Impact Studies in the San Diego Region, LOS D is an acceptable level of service for roadways and intersections. Traffic impacts on a roadway segment or intersection is considered significant, and mitigation must be provided, if one of the following criteria is met: 1. The addition .of trips generated by the proposed project results in a change of Level of Service (LOS) from an acceptable LOS to unacceptable LOS. 2. When the intersection or roadway segment is operating at an acceptable LOS and the addition of the proposed project traffic results in a change in volume to capacity ratio of more than 2% (0.02), or results in an increase in delay of more than 2.0 seconds at a deficient intersection. For freeway segments, an increase of more than 0.01 in volume to capacity ratio is considered to be significant. Direct Impacts: Under an existing plus project condition, the traffic impact analysis indicates that the proposed project has no significant direct impacts to key roadway segments and/or intersections within the vicinity of the project, and furthermore all affected roadway segments will operate at a LOS A (see Table 11, Pg. 19). For the analyzed segments of the 1-5 freeway (Tamarack Avenue to Cannon Road, Cannon Road to Palomar Airport Road, and Palomar Airport Road to Poinsettia Lane), the increases in volume to capacity ratio are within the allowable 0.01 per SANTEC/ITE guidelines. All analyzed intersections will continue to operate at an acceptable LOS D or better. 24 Rev. 12/13/07 f Project Number(s): CUP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo Near Term Impacts: Under a near term cumulative plus project condition, the traffic impact analysis indicates that the proposed project will have cumulative indirect impacts at the following intersections: • Palomar Airport Road/Paseo del Norte, • Paseo del Norte/Carlsbad Company Stores Driveway, • Eastbound Left Turn Queue at Palomar Airport Road/Paseo del Norte, and • The Southbound I-5/Westbound Palomar Airport Road Ramp Meter To reduce cumulative indirect impacts at the intersections listed above, the following mitigation is required: Palomar Airport Road/Paseo del Norte: To mitigate impacts to the Palomar Airport Road/Paseo del Norte intersection, the developer will be required to pay a Traffic Impact Fee (TIP) based on Section 18.42 of the City of Carlsbad Municipal Code prior to issuance of a building permit. The TIP program identifies the future addition of a westbound through lane at the Palomar Airport Road/Paseo del Norte intersection. With this improvement, the Palomar Airport Road/Paseo del Norte intersection will operate at LOS D under the near term cumulative plus project conditions. The TIF improvements to the Palomar Airport RoadVPaseo del Norte intersection will also result in improvements in delay at the Palomar Airport Road/I-5 northbound ramp intersection. Paseo del Norte/Carlsbad Company Stores Driveway: To mitigate impacts to the Paseo del Norte/Carlsbad Company Stores Driveway intersection, the developer will be required to execute a Traffic Signal Subdivision Improvement Agreement with the City of Carlsbad, to design and install and post appropriate security as provided by law, a traffic signal constructed to the satisfaction of the City Engineer. Improvements will consist of designing and constructing a new fully actuated traffic signal, including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of Paseo del Norte, the Carlsbad Company Store Driveway and the main entryway to the project. The developer acknowledges the necessity of this signal is to serve only this project, and as such the developer will bear all costs associated with the design and construction of this signal if warrants are met. The signal shall be interconnected with adjacent signals to facilitate signal coordination. The developer will be required to post security for the design and construction of said improvements, and the traffic signal will only be installed when written approval is received by the City Engineer. The Agreement will be kept in force and security kept valid for a period of five (5) years after the last building permit has been issued within this development. Eastbound Left Turn Queue at Palomar Airport Road/ Paseo del Norte: The queuing analysis for the eastbound left turn queue at the Palomar Airport Road/Paseo del Norte intersection found that the 95*-percentile queue is projected to exceed the 250 feet of available storage during the PM peak hour under near term cumulative without project condition. The proposed project will add traffic to this movement. Therefore, prior to recordation of the parcel map, the developer will be required to pay a fair-share contribution for the lengthening of the eastbound to northbound left turn pocket at the intersection of Palomar Airport Road and Paseo del Norte, based on a pro-rata share, all of which is to the satisfaction of the City Engineer. The Southbound I-5/Westbound Palomar Airport Road Ramp Meter: Under a near term cumulative plus project condition, delay at the southbound I-5/westbound Palomar Airport Road ramp meter is projected to increase above the two minute increase that is allowed by SANTEC/ITE standards. 25 Rev. 12/13/07 Project Number(s;. ^JP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo Therefore, an increase in ramp meter flow rate would be required. Caltrans is responsible for controlling ramp meter flow rate. As such, an increase in ramp meter flow rate will only be implemented if Caltrans determines that traffic volumes warrant it. The California Department of Transportation (Caltrans) reviewed the above referenced traffic study, and in a letter dated March 28, 2008 found the proposed mitigation to be acceptable. Future Impacts: Per SANTEC/ITE guidelines, under a year 2030 scenario, the project will contribute to the future impacts at the following locations: • Paseo Del Norte/Carlsbad Company Stores Driveway, • Northbound I-5/Cannon Road Ramp Meter, and • Southbound I-5/Westbound Palomar Airport Road Ramp Meters Paseo Del Norte/Carlsbad Company Stores Driveway: To mitigate impacts to the Paseo del Norte/Carlsbad Company Stores Driveway intersection, the developer will be required to execute a Traffic Signal Subdivision Improvement Agreement with the City of Carlsbad, to design and install and post appropriate security as provided by law, a traffic signal constructed to the satisfaction of the City Engineer. Improvements will consist of designing and constructing' a new fully actuated traffic signal, including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of Paseo del Norte, the Carlsbad Company Store Driveway and the main entryway to the project. The developer acknowledges the necessity of this signal is to serve only this project, and as such the developer will bear all costs associated with the design and construction of this signal if warrants are met. The signal shall be interconnected with adjacent signals to facilitate signal coordination. The developer will be required to post security in accordance with C.M.C. Section 20.16.070 for the design and construction of said improvements, and the traffic signal will only be installed when written approval is received by the City Engineer. The Agreement will be kept in force and security kept valid for a period of five (5) years after the last building permit has been issued within this development. 26 Rev. 12/13/07 ,,7, Project Number(s): cUP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo Northbound I-5/Cannon Road Ramp Meter & Southbound I-5/Westbound Palomar Airport Road Ramp Meters: Under the year 2030 scenario, delay at both the northbound I-5/Cannon Road and the Westbound Palomar Airport Road ramp meters are projected to increase above the two minute increase that is allowed by SANTEC/ITE standards. Therefore, an increase in ramp meter flow rate would be required. Caltrans is responsible for controlling ramp meter flow rate. As such, an increase in ramp meter flow rate will only be implemented if Caltrans determines that traffic volumes warrant it. The California Department of Transportation (Caltrans) reviewed the above referenced traffic study, and in a letter dated March 28,2008 found the proposed mitigation to be acceptable. 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-D" El Camino Real "A-D" Palomar Airport Road "A-D" SR78 - "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 consistent with the Airport Land Use Compatibility Plan (ALUCP) for the McClellan-Palomar Airport.. It would not, therefore, result in a change of air traffic patterns or result in substantial safety risks. Therefore, no impact is assessed. d) No Impact. All project circulation improvements will be designed and constructed to City standards; and, therefore, would not result in design hazards. The proposed project is consistent with the City's general plan and zoning. Therefore, it would not increase hazards due to an incompatible use. Therefore, no impact is assessed. e) No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. The'refore, no impact is assessed. f) No Impact. The proposed project is not requesting a parking variance. Additionally, the project would comply with the City's parking requirements to ensure an adequate parking supply. Therefore, no impact is assessed. g) No Impact. The project is located on the west side of Paseo del Norte between Cannon Road to the north and Palomar Airport Road to the south. The project is served by the North County Transit District (NCTD) with Bus Route 321 serving Paseo del Norte. The project has been designed to include a new bus turnout along Paseo del Norte and bicycle parking onsite. A condition of approval will be added to the project requiring secure bicycle racks to be installed at each bicycle parking area within the project. Therefore, no impact is assessed. 27 Rev. 12/13/07 Project Number(s): CUP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources; or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact n n D n n n n n n a-g) No Impact. The proposed project will be required to comply with all Regional Water Quality Control Board Requirements. In addition, the Zone 3 LFMP anticipated that the project site would be developed with travel/recreation commercial uses and therefore wastewater treatment facilities were planned and designed to accommodate this future use. 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 project does not result in development that will require expansion or construction of new water facilities/supplies, wastewater treatment or storm water drainage facilities. Therefore, no impact is assessed. 28 Rev. 12/13/07 o Project Number(s): CUP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo 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 t of past projects,,the effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact Potentially Significant Unless Less Than Mitigation Significant No Incorporated Impact Impact D D a) No Impact. The proposed project will not degrade the quality of the environment. The project site is considered an infill site surrounded by urban development and the 1-5 freeway; it does not contain any fish or wildlife species; is not identified by any habitat conservation plan as containing a protected, rare or endangered plant or animal species; and does not contain any known historical, archeological, or paleontological resources. Therefore, the project will not reduce the habitat of a fish or wildlife species; will not threaten to eliminate or reduce the number of endangered plant and animal species; and will not result in the elimination of any important examples of California history or prehistory. b) Less Than Significant Impact. The San Diego Association of Governments (SANDAG) projects regional growth for the greater San Diego area, and local General Plan Land Use policies are incorporated into SANDAG projections. Based upon those projections, region-wide standards, including storm water quality control, air quality standards, habitat conservation, congestion management standards, etc., are established to reduce the cumulative impacts of development in the region. All of the City's development standards and regulations are consistent with the region wide standards. The City's standards and regulations, including grading standards, water quality and drainage standards, traffic standards, habitat and cultural resource protection regulations, and public facility standards, ensure that development within the City will not result in a significant cumulatively considerable impact. There are two regional issues that development within the City of Carlsbad has the potential to have a cumulatively considerable impact on. Those issues are air quality and regional circulation. As described above, the project would contribute to a cumulatively considerable potential net increase in emissions throughout the air basin. However, the air quality would be essentially the same whether or not the development is implemented. The County Congestion Management Ageney (CMA) has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the regional circulation system. The CMA had determined, based on the City's growth projections in the General Plan, that these designated roadways will function at acceptable levels of service in the short-term and at build-out. The project is consistent 29 Rev. 12/13/07 Project Number(s): oUP 07-03/CDP 07-07/MS 0.7-02 • Project Name: Carlsbad Paseo with the City's growth projections, and therefore, the cumulative impacts from the project to the regional circulation system are less than significant. With regard to any other potential impacts associated with the project, City standards and regulations will ensure that development of the site will not result in any significant cumulatively considerable impacts. c) Less than Significant Impact. Based upon the fact that future development of the site will comply with all City standards, the project will not result in any direct or indirect substantial adverse environmental effects on human beings. However, the project site is located in an area where human beings are exposed to significant levels of noise generated by traffic on the surrounding streets. As discussed above, any potential impacts from noise can be mitigated to a level less than significant. Those mitigation measures will be incorporated as conditions of project approval. Development of the site and structures will be required to comply with all applicable Federal, State, Regional and City regulations, which will ensure that development of the site will not result in adverse impacts on human beings, either directly or indirectly. XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 30 Rev. 12/13/07 Project Number(s): cUP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo 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. Carlsbad General Plan. City of Carlsbad Planning Department, March 1994. 3. City of Carlsbad Municipal Code. Title 21 Zoning. City of Carlsbad Planning Department, as updated. 4. Habitat Management Plan for Natural Communities in the City of Carlsbad. City of Carlsbad Planning Department, final approval dated November 2004. 5. Airport Land Use Compatibility Plan for McClellan Palomar Airport. Carlsbad. California. San Diego County Regional Airport Authority, as amended October 4,2004. 6. Geotechnical Engineering Investigation Report (Contract No. 148028). Testing Engineers San Diego, Inc., September 26, 2006. -' - . .-. " 7. Preliminary Vegetation Assessment. Carlsbad Paseo. Planning Systems. May 16.2007. 8. Wetland Delineation for the Carlsbad Paseo. Planning Systems. April 2. 2008. 9. Preliminary Storm Water Management Plan for Strategic Property Advisers. Inc.. Carlsbad Paseo. Aquaterra Engineering Inc., March 19,2008. 10. Preliminary Hydrology Report for CPT/SC Title Holdings Corp. Carlsbad Paseo. Aquaterra Engineering Inc., March 17, 2008. 11. Flood Insurance Rate Map. Map No. 06073C1027F. June 19, 1997. 12. Geotechnical Hazards Analysis and Mapping Study. Catastrophic Dam Failure Inundation. Tsunami and Seiche Hazard Zone Maps. City of Carlsbad Planning Department, September 1992. 13. Carlsbad Paseo Galleria Preliminary Noise Study (JN: 05471-03). Urban Crossroads, December 11, 2007. 14.' Traffic Study fo'r Carlsbad Paseo (CUP 07-03/CDP 07-07) in the City of Carlsbad. Darnell & Associates, Inc., March 14, 2008. 31 Rev. 12/13/07 Project Number(s). JP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo LIST OF MITIGATING MEASURES Noise: 1. Mechanical ventilation shall be provided for all buildings as specified in the acoustical analysis prepared for the project by Urban Crossroads on December 11, 2007, to achieve a 55 dBA CNEL interior noise level. Prior to issuance of a building permit, the developer shall submit a supplemental acoustical analysis from the acoustical consultant stating that the architectural plans have been designed in compliance with the recommendations stated in the acoustical report. 2. The project is conditioned to construct a 4-foot high.noise barrier along the northern edge of the outdoor dining area of Restaurant-A (P.P. Chang's). The barrier must have a surface density of at least 3.5 pounds per square foot of face area and shall have no decorative cutouts or line-of-site openings between shielded areas and the roadways. The noise control barrier may be constructed of masonry block; stucco veneer over wood framing (or foam core), or 1 inch thick tongue and groove wood of sufficient weight per square foot; glass (Vi-inch thick), or other transparent material with sufficient weight per square foot; earthen berm; or any combination of these materials. Transportation/Circulation: 3. To mitigate impacts to the Palomar Airport Road/Pasep del Norte intersection, the developer shall pay a Traffic Impact Fee (TIP) based 'on Section 18.42 of-the City of Carlsbad Municipal Code prior to issuance of a building permit. 4. Prior to recordation of the parcel map, Developer shall execute a Traffic Signal Subdivision Improvement Agreement to design and install and post appropriate security as provided by law, a traffic signal constructed to the satisfaction of the City Engineer. Improvements shall consist of: a. Design and construct a new fully actuated traffic signal including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of Paseo Del Norte and Carlsbad Company Store Driveway at the entryway of the project. Developer acknowledges the necessity of this signal is to serve only this project and Developer will bear all costs associated with the design and construction of this signal, if warrants are met. The signal shall be interconnected with adjacent signals to facilitate signal coordination. Developer shall post security in accordance with C.M.C. Section 20.16.070 for the design and construction of said improvements. The traffic signal shall be installed only when written approval is received by the City Engineer. The Agreement shall be kept in force and security kept valid for a period of 5-years after the last building permit has been issued within this Development. 5. Prior to recordation of the parcel map,-Developer shall pay a fair-share contribution for the lengthening of the eastbound to northbound left turn pocket at the intersection of Palomar Airport Road and Paseo del Norte, based on a pro-rata share, all to the satisfaction of the City Engineer. 32 Rev. 12/13/07 u Project Number^: CUP 07-03/CDP 07-07/MS -07-02 Project Name: Carlsbad Paseo APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. 10. Date Signature 33 Rev. 12/13/07 u Page 1 of 3 PROJECT NAME: Carlsbad Paseo APPROVAL DATE: FILE NUMBERS: CUP 07-03/CDP 07-07/MS 07-02 The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6). Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks 1. Mechanical ventilation shall be provided for all buildings as specified in the acoustical analysis prepared for the project by Urban Crossroads on December 11, 2007, to achieve a 55 dBA CNEL interior noise level. Prior to issuance of a building permit, the developer shall submit a supplemental acoustical analysis from the acoustical consultant stating that the architectural plans have been designed in compliance with the recommendations stated in the acoustical report. Project Planning The project is conditioned to construct a 4-foot high noise barrier along the northern edge of the outdoor dining area of Restaurant-A (P.P. Chang's). The barrier must have a surface density of at least 3.5 pounds per square foot of face area and shall have no decorative cutouts or line-of-site openings between shielded areas and the roadways. The noise control barrier may be constructed of masonry block; stucco veneer over wood framing (or foam core), or 1 inch thick tongue and groove wood of sufficient weight per square foot; glass (Vi-inch thick), or other transparent material with sufficient weight per square foot; earthen berm; or any combination of these materials. Project Planning Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 2 of 3 Mitigation Measure MonitoringType"Monitoring Department Shown on Plains Verified Implementation ... Remarks To mitigate impacts to the Palomar Airport Road/Paseo del Norte intersection, the developer shall pay a Traffic Impact Fee (TIP) based on Section 18.42 of the City of Carlsbad Municipal Code prior to issuance of a building permit. Project Engineering 4. Prior to recordation of the parcel map, Developer shall execute a Traffic Signal Subdivision Improvement Agreement to design and install and post appropriate security as provided by law, a traffic signal constructed to the satisfaction of the City Engineer. Improvements shall consist of: a. Design and construct a new fully actuated traffic signal including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of Paseo Del Norte and Carlsbad Company Store Driveway at the entryway of the project. Developer acknowledges the necessity of this signal is to serve only this project and Developer will bear all costs associated with the design and construction of this signal, if warrants are met. The signal shall be interconnected with adjacent signals to facilitate signal coordination. Developer shall post security in accordance with C.M.C. Section 20.16.070 for the design and construction of said improvements. The traffic signal shall be installed only when written approval is received by the City Engineer. The Agreement shall be kept in force and security kept valid for a period of 5- years after the last building permit has been issued within this Development. Project Engineering Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 3 of 3 Mitigation Measure 5. Prior to recordation of the parcel map, Developer shall pay a fair-share contribution for the lengthening of the eastbound to northbound left turn pocket at the intersection of Palomar Airport Road and Paseo del Norte, based on a pro-rata share, all to the satisfaction of the City Engineer. Monitoring Type Project Monitoring Department Engineering Shown on Plans Verified Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. ATP OF f*AI ArnoldSchwafgananner Governor NATIVE AMERICAN HERITAGE COMMISSION 915 CAPITOL MAO, ROOM 364 SACRAMENTO, CA 95814 (916)853-6251 Fax (91 6)657-5390 tffah Sita www.nahc.ca.gov o-mail: ds_nahc®pacball.net June 3, 2008 Mr. Jason Goff, Associate Planner CITY OF CARLSBAD 1 635 FARADAY AVENUE Carlsbad, CA 92008 Re: SCH32008051Q76: CEQA Notice of Completion: Mitigated Negative Declaration- CUP 07-03/CDP 07-07/MS 07- 02 for the Carlsbad Paseo Project San Dieoo County. California Dear Mr. Goff: The Native American Heritage Commission is the state agency designated to protect California's Native American Cultural Resources. The California Environmental Quality Act (CEQA) requires that any project that causes a substantial adverse change in the significance of an historical resource, that includes archaeological resources, is a 'significant effect1 requiring the preparation of-an" Environmental Impact Report (EIR) per the California Code of Regulations §15064.5(b)(c (CEQA guidelines). Section 15382 of the 2007 CEQA Guidelines defines a significant impact on the environment as "a substantial, or potentially substantial, adverse change in any of physical conditions within an area affected by the proposed project, including ... objects of historic or aesthetic significance." In order to comply with this provision, the lead agency is required to assess whether the project will have an adverse impact on these resources within the 'area of potential effect (APE)', and if so, to mitigate that effect To adequately assess the project-related impacts on historical resources, the .Commission recommends the following action: V Contact the appropriate California Historic Resources Information Center (CHRIS) for possible 'recorded sites' in locations where the development will or might occur.. .Contact information for the Information Center nearest you is available from the State Office of Historic Preservation (9f6/653-7278V http://www.ohD.Da rks.ca.aov. The record search will determine: • If a part or the entire APE has been previously surveyed for cultural resources. • If any known cultural resources have already been recorded in or adjacent to the APE. • If the probability is low, moderate, or high that cultural resources are located in the APE. • If a survey is required to determine whether previously unrecorded cultural resources are present V If an archaeological inventory survey is required, the final stage is the preparation of a professional report detailing the findings and recommendations of the records search and field survey. • The final report containing site forms, site significance, and mitigation measurers should be submitted immediately to the planning department All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum, and not be made available for pubic disclosure. • The final written report should be submitted within 3 months after work has been completed to the appropriate regional archaeological Information Center. V Contact the Native American Heritage Commission (NAHC) for * A Sacred Lands File (SLF) search of the project area and information on tribal contacts in the project vicinity that may have additional cultural resource information. Please provide this office with the following citation format to assist with the Sacred Lands File search request USGS 7.5-minute quadrangle citation with name, township, range and section: . • The NAHC advises the use of Native American Monitors to ensure proper identification and care given cultural resources that may be discovered. TBe-MAJHG recommends that contact be- made with Native American Contacts on the attached list to get their input on potential project impact (APE). In some cases, the existence of a Native American cultural resources may be known only to a local tribe(s). V Lack of surface evidence of archeological resources does not preclude their subsurface existence. • Lead agencies should include in their mitigation plan provisions for the identification and evaluation of accidentally discovered archeological resources, per California Environmental Quality Act (CEQA) §15064.5 (f). In areas of identified archaeological sensitivity, a certified archaeologist and a culturally affiliated Native American, with knowledge in cultural resources, should monitor all ground-disturbing activities. • A culturally-affiliated Native American-tribe may be the only source of information about a Sacred Site/Native American cultural resource. • Lead agencies should include in their mitigation plan provisions for the disposition of recovered artifacts, in consultation with culturally affiliated Native Americans. V Lead agencies should include provisions for discovery of Native American human remains or unmarked cemeteries in their mitigation plans. * CEQA Guidelines, Section 15064.5(d) requires the lead agency to work with the Native Americans identified by this Commission if the initial Study identifies the presence or likely presence of Native American human remains within the APE CEQA Guidelines provide for agreements with Native American, identified by the NAHC, to assure the appropriate and dignified treatment of Native American human remains and any associated grave liens. V Health and Safety Code §7050.5. Public Resources Code §5097.98 and Sec. §15064.5 (d) of the California Code of Regulations (CEQA Guidelines) mandate procedures to be followed, including that construction or excavation be stopped in the event of an accidental discovery of any human remains in a location other than a dedicated cemetery until the county coroner or medical examiner can determine whether the remains are those of a Native American. . Note that §7052 of the Health & Safety Code states that disturbance of Native American cemeteries is a felony, V Lead agencies should consider avoidance, as defined in $15370 of the California Code of Regulations (CEQA Guidelines), when significant cultural resources are discovered during the course of project planning and implementation Please feel free to coprfact me at (916) 653-6251 if you have any questions, rely, Dave Program Analyst Attachment List of Native American Contacts Cc: State Clearinghouse HLtuun City of'Carlsbad Planning Department June 24,2008 Dave Singleton Native American Heritage Commission 915 Capitol Mall, Room 364 Sacramento, CA 95814 SUBJECT: RESPONSE TO NATIVE AMERICAN HERITAGE COMMISSION COMMENTS: SCH#2008051076; CEQA Notice of Completion; Mitigated Negative Declaration - CUP 07-03/CDP 07-07/MS 07-02 for the Carlsbad Paseo Project,.San Diego County,. California. Dear Mr. Singleton, Thank you for your comments dated June 3, 2008 pertaining to the Mitigated Negative Declaration (MND) that was prepared for the proposed Carlsbad Paseo project located in the City of Carlsbad, California. Upon receipt of your comments a Cultural Resources Study was prepared (dated June 2008) for the project by Gallegos & Associates in accordance with the points of your letter, and the City of Carlsbad Cultural Resources and California Environmental Quality Act (CEQA) guidelines. A field survey of the site was conducted on June 10> 2008, which included, Cami Mojado, a Native American monitor representing the San Luis Rey Band of Mission Indians. A records search and literature review was also conducted at the South Coastal Information Center at San Diego State University on June 13, 2008. The literature review and field survey were negative, identifying no previously recorded cultural resources, and no new cultural resources within the project area. Given the absence of previously recorded cultural resources, high level of site disturbance, and negative survey results, no additional cultural resource work is being recommended by the cultural resources study. However, the cultural resources study does recommend monitoring of brush clearing and initial grading activities by a qualified archeologist and a tribal monitor of the San Luis Rey Band of Mission Indians to ensure that any unanticipated buried cultural resources (i.e., artifact deposits, burials, hearths) are evaluated in a timely and proper manner. The Cultural Resources Study has been reviewed by the San Luis Rey Band of Mission Indians, and in a letter prepared by California Indian Legal Services dated June 20, 2008, a formal pre- excavation agreement and tribal monitoring by the San Luis Rey Band of Mission Indians has been requested. To ensure the above, the following conditions have been added to the project: 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (750) 602-4800 • FAX (760) 602-8559 • www.ci.carisbad.ca.us RESPONSE TO NATIVE AMERICAN HERITAGE COMMISSION COMMENTS SCH#2008051076 June 24,2008 Page 2 1. Prior to commencement of grading, the developer shall enter into a pre-excavation agreement with a representative of the San Luis Rey Band of Mission Indians. The purpose of this agreement will be to establish the requirement of tribal monitoring and to formalize procedures for the treatment of Native American human remains and burial, ceremonial, or cultural items that may be uncovered during any ground disturbance activities. 2. Prior to issuance of a grading permit, the project developer shall retain the services of a qualified archeologist to monitor all ground disturbing activities. The applicant shall provide verification that a qualified archeologist has been retained, and verification shall be documented by a letter from the applicant and the archeologist to the Planning Director. 3. A qualified archeologist shall be .present at the pre-construction meeting to consult with the grading and excavation contractors. 4. In the event that any cultural resources, concentration of artifacts, or culturally modified soil deposits are discovered within the project area at any time during construction, the archeological monitor shall be empowered to suspend work in the immediate area of the discovery until such time as a data recovery plan can be developed and implemented. 5. The discovery of any resource shall be reported to the City of Carlsbad Planning Director prior to any evaluation testing. 6. If any deposits are evaluated as significant under CEQA, mitigation may be required as recommended by the qualified archeologist. We appreciate your assistance in the planning of this project. Sincerely, JASON GOFF' Associate Planner C: Carmen Mojado, San Luis Rey Band of Mission Indians, 1889 Sunset Drive, Vista, CA 92081 Michele Fahley, Staff Attorney, California Indian Legal Services, 609 South Escondido Boulevard, Escondido, CA 92025 Paul Klukas, Planning Systems, Inc., 1530 Faraday Ave., Suite 100, Carlsbad, CA 92008 Don Neu, Planning Director Gary Barberio, Assistant Planning Director Chris DeCerbo, Principal Planner Tecla Levy, Project Engineer Lfl STATE OF CALIFORNIA BUSINESS. TRANSPOB ON AND HOUSING AGENCY ARNOLD SCHWARZENEGGER. Governor DEPARTMENT OF TRANSPORTATION District 11 4050 Taylor Street, MS 240 San Diego, CA 92110 PHONE (619)688-6960 FAX (619)688-4299 TTY (800) 735-2929 June 16,2008 JW 2008 'ngDepaCftyof Flex your power! Be energy efficient! ll-SD-5 PM 47.02 Carlsbad Paseo Mitigated Negative Declaration Jason Goff City of Carlsbad Planning Department 163 5 Faraday Ave Carlsbad, CA 92008 Dear Mr. Goff: The California Department of Transportation (Caltrans) appreciated the opportunity to have participated in the review of the Mitigated Negative Declaration (MND) for the proposed Carlsbad Paseo to be located adjacent to Interstate 5 (1-5) in Carlsbad. We have the following comments, reiterative of our comment letter dated March 28,2008, which addressed the Traffic Impact Study for the Carlsbad Paseo: • Project should coordinate with Caltrans 1-5 North Coast Corridor Project engineers to ensure adequate right-of-way. Current preferred alternative build out of the 1-5 North Coast Corridor project will require the following items: 1) A footing easement of 354 square meters. 2) A temporary construction easement of 819 square meters. Please contact Fariborz Amiri at Caltrans District 11 Design Division for further coordination, (619) 688-6963. • All lighting (including reflected sunlight) within this project should be placed and/or shielded so as not to be hazardous to vehicles traveling on 1-5. • Mitigation for the impacts to the 1-5 southbound on-ramp from westbound Palomar Airport Rd. is acceptable. • Mitigation for the impacts to the 1-5 northbound on-ramp from westbound Cannon Rd. is acceptable. • Any work performed within Caltrans Right of Way (R/W) will require an encroachment permit. Early coordination with Caltrans is strongly advised for all encroachment permits. "Caltrans improves mobility across California "3D Jasoa Goff June 16,2008 Page 2 If you require further information or have any question, please contact Seth Cutter at (619) 688-6075. Sincerely, y JACOB ARMSTRONG, Chiel * "* Development Review Branch "Caltrans improves mobility across California " ULtJUPY City of Carlsbad Planning Department June 24, 2008 Jacob Armstrong Department Of Transportation District 11 4050 Taylor Street, MS 240 San Diego, CA 92110 SUBJECT: RESPONSE TO CALTRANS COMMENTS: Mitigated Negative Declaration - CUP 07-03/CDP 07-07/MS 07-02 for the Carlsbad Paseo Project, San Diego County, California. Dear Mr. Armstrong, * ••••'. Thank you for your comments dated June 16, 2008 pertaining to the Mitigated Negative Declaration (MND) that was prepared for the proposed Carlsbad Paseo project located in the City of Carlsbad, . California. With regards to the specific items and issues identified in your letter, the following is a response to each comment raised: Bullet Comment No. 1: Comment noted. It is not the City's practice to require a project to dedicate right-of-way or grant easements to Caltrans when Caltrans does not have an adopted alignment with environmental approval. Bullet Comment No. 2: A condition has been added to the project to address exterior lighting (including reflected sunlight). The condition reads as follows: Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting (including reflected sunlight) shall be designed to reflect downward and avoid any impacts on adjacent property, including Interstate-5. Bullet Comment No. 3: No further comment, condition, or response is required. Bullet Comment No. 4: No further comment, condition, or response is required. Bullet Comment No. 5: A condition has been added to the project to address work within Caltrans right- of-way. The condition reads as follows: Developer shall apply for and obtain Right-of Way Permits from Caltrans for any work proposed within Caltrans right-of-way. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us :W^ RESPONSE TO CALTRANS COMMENTS June 24,2008 Page 2 We appreciate your assistance in the planning of this project. Sincerely, JASON GOFF Associate Planner C: Paul Klukas, Planning Systems, Inc., 1530 Faraday Ave., Suite 100, Carlsbad, CA 92008 Don Neu, Planning Director Gary Barberio, Assistant Planning Director Chris DeCerbo, Principal Planner Glen Van Peski, Senior Engineer Tecla Levy, Project Engineer 1 PLANNING COMMISSION RESOLUTION NO. 6436 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO 4 CONSTRUCT A 7,511 SQUARE FOOT STAND ALONE 5 RESTAURANT, A 44,391 SQUARE FOOT COMMERCIAL RETAIL CENTER, AND A VACANT PAD FOR A FUTURE 6 STAND ALONE RESTAURANT ON A 6.96 ACRE PARCEL GENERALLY LOCATED ON THE WEST SIDE OF PASEO DEL 7 NORTE, NORTH OF KING'S FISH HOUSE, SOUTH OF CAR COUNTRY DRIVE, AND EAST OF THE INTERSTATE 5 8 FREEWAY, WITHIN THE MELLO II SEGMENT OF THE 9 LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3. 10 CASE NAME: CARLSBAD PASEO CASE NO.: CUP 07-0311 : 12 WHEREAS, Strategic Property Advisors, Inc., "Developer," has filed a verified 13 application with the City of Carlsbad regarding property owned by CPT/SC Title Holding 14 Corporation, "Owner," described as 15 Portions of Parcel 2 and 3 of Parcel Map No. 11284, filed in the Office of the County Recorder of San Diego County, May 11,16 1981 and Lot 4 of Carlsbad Tract No. 92-7 (Carlsbad Ranch Unit 1 and Unit 2), according to map thereof No. 13078, filed in 17 the Office of the County Recorder of San Diego County, December 28,1993, all in the City of Carlsbad, County of San 1° Diego, State of California, more particularly described as follows:19 Beginning at the northeasterly corner of said Parcel 3, said corner being the most northerly corner of said Lot 4, said 2j corner being the point of beginning; thence southerly along the easterly line of said Lot 4, south 22°29'26" east (south 22 22°29'26M east per said Map No. 13078) 925.00 feet to the beginning of a tangent curve concave northeasterly having a 23 radius of 557.00 feet; thence southeasterly along said curve through a central angle of 11°20'36" a distance of 110.27 feet 24 to a point on said easterly line, a radial through said point bears south 56°09'58" west; thence leaving said easterly line 25 south 55°50'26" west 343.71 feet to the westerly line of said ~s Parcel 2; thence northwesterly along the westerly line of said Parcels 2 and 3, north 26°48'03" west (north 26°47'14" west 27 per said Parcel Map 11284) 738.65 feet to an angle point corner of said Parcel 3; thence continuing along said westerly line 28 north 25°12'24" west 300.01 feet (north 25°11'47" west 300.01 feet per said parcel map) to an angle point corner of said parcel map; thence continuing along said westerly line north 26°15'29" west 68.05 feet (north 26°15'48" west 68.03 feet per said parcel map) to the northwest corner of said Parcel 3 of said parcel map; thence easterly along the northerly line of 3 said Parcel 3, north 67°31'12" east 399.93 feet (north 67°31'17" east 400.00 feet per said parcel map) to the point of beginning. 4 Said land is also described as Parcel A La that certain 5 Certificate of Compliance for Adjustment Plat, dated October 1,2002, and recorded October 18,2002, as Document No. 2002- 6 0913260, official records of San Diego County, California. 7 ("the Property"); and 8 WHEREAS, said verified application constitutes a request for a Conditional Use 9 Permit as shown on Exhibit(s) "A" - "NN" dated July 16, 2008, on file in the Planning Department, CARLSBAD PASEO - CUP 07-03, as provided by Chapter 21.42 and/or 21.50 of 12 the Carlsbad Municipal Code; and 13 WHEREAS, the Planning Commission did, on July 16,2008, hold a duly noticed 14 public hearing as prescribed by law to consider said request; and 15 WHEREAS, at said public hearing, upon hearing and considering all testimony 16 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors jg relating to the CUP. 19 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 21 A) That the foregoing recitations are true and correct. 22 B) That based on the evidence presented at the public hearing, the Commission 23 RECOMMENDS APPROVAL of CARLSBAD PASEO - CUP 07-03, based on the following findings and subject to the following conditions: 25 Findings: 26 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that the 28 proposed restaurant, two-story commercial retail center, and future restaurant pad uses are permitted within both the Commercial-Tourist (C-T) Zone and the PC RESO NO. 6436 -2- Commercial/Visitor-Serving Overlay Zone, and will provide a service to the travel 2 and recreational needs of tourists, residents, and employees of the surrounding businesses and industrial centers. 3 2. That the requested uses are not detrimental to existing uses or to uses specifically ^ permitted in the zone in which the proposed use is to be located in that the project has 5 been designed to accommodate all parking on site, provides for adequate traffic circulation, and incorporates all of the required development standards of the 6 Commercial/Visitor-Serving Overlay Zone to ensure compatibility of the project with the surrounding community. 7 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, 9 landscaping and other development features prescribed in this code and required by the planning director, planning commission or city council, in order to integrate the use with 10 other uses in the neighborhood, in that the project can be fit within the proposed development area (6.96-acre project site) without the need for any development 1 standard modifications. Furthermore, the project complies with all of the required 12 development standards and parking requirements of the C-T Zone and the Commercial/Visitor-Serving Overlay Zone in that, adequate building and landscape 13 setbacks have been provided; the proposed buildings are designed with enclosed service areas to conceal delivery areas, trash receptacles, and storage of supplies; 14 roof-mounted mechanical equipment is screened from public view, and project access points for ingress and egress of the site are aligned with other surrounding driveways to integrate the proposed uses with other uses in the neighborhood. 16 4. That the street system serving the proposed use is adequate to properly handle all traffic 17 generated by the proposed use, in that a traffic study was submitted for the development proposal, which indicates that the proposed project would generate a 18 total of approximately 3,772 Average Daily Trips (ADT), with 96 AM peak hour j9 trips (58 inbound, 38 outbound), and 302 PM peak hour trips (178 inbound, 124 outbound). In order to accommodate the level of traffic generated, the project 20 developer will be required to pay a fair-share contribution for the lengthening of the eastbound to northbound left turn pocket at the intersection of Palomar Airport 21 Road and Paseo Del Norte; pay a Traffic Impact Fee (TIF) based on Section 18.42 of _« the City of Carlsbad Municipal Code to mitigate impacts to the Palomar Airport Road and Paseo Del Norte intersection; and execute a Traffic Signal Subdivision 23 Improvement Agreement to design and install, and post appropriate security for the construction of a future traffic signal at the intersection of Paseo Del Norte and the 24 Carlsbad Company Stores Driveway where it intersects with the main project entry on the south side of Parcel B. Through project design, the street system serving the proposed use is adequate to properly handle all traffic that is expected to be 26 generated by the project and all intersections and roadway segments serving the project will operate at acceptable levels of service. 27 5. That the proposed project is adequately designed to accommodate the high percentage of 28 visitor, tourist, and shuttle/bus alternative transportation users anticipated given the proposed use and site location within the overlay zone, in that the onsite circulation PC RESO NO. 6436 -3- system has been adequately designed to accommodate the flow of traffic without 2 creating conflicts between uses. The project provides the required number of parking spaces to accommodate the proposed uses. The project will enter into a 3 private reciprocal access agreement with the adjacent uses to the south to ensure cross project vehicular circulation. Pedestrian circulation is provided throughout 4 the project to interconnect the three parcels with each other and the public right-of- - way, and a separate pedestrian connection is provided from the proposed bus turn- out to Parcel B to ensure safe and efficient pedestrian circulation. 6 6. That the building form, building colors, and building materials combine to provide an 7 architectural style of development that will add to the objective of high quality architecture and building design within the overlay zone in that, the buildings have been designed with an alternative architectural design, which is compatible with the 9 other surrounding buildings within the vicinity. The proposed buildings represent a high quality of architectural design through their use of varied building forms, high 10 quality building materials, and decorative architectural elements. This combination of architectural elements creates a project that is complementary to the surrounding * development, and adds to the objective of high quality architecture and building 12 design within the overlay zone. 13 7. That the project complies with all development and design criteria of the overlay zone in that, the project meets or exceeds all of the development and design criteria of the 14 overlay zone including, but not limited to parking, screening, building height, building setbacks, building design, and landscaping. 16 8. 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 17 report dated July 16,2008. 18 9. The project is consistent with the Citywide Facilities and Improvements Plan, the Local 19 Facilities Management Plan for Zone 3 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or 20 provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 21 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. Specifically, 23 a. The project has been conditioned to provide proof from the Carlsbad 24 Unified School District that the project has satisfied its obligation for school facilities. 26 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. 27 c. The Public Facility fee is required to be paid by Council Policy No. 17 and 2° will be collected prior to the issuance of building permit. PC RESO NO. 6436 -4- d. The Local Facilities Management fee for Zone 3 is required by Carlsbad 2 Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 3 10. The project is consistent with the adopted Airport Land Use Compatibility Plan for the 4 McClellan-Palomar Airport (ALUCP), dated October 2004, in that as conditioned the <- applicant shall record a notice concerning aircraft noise. The project is compatible with the projected noise levels of the ALUCP; and, based on the noise/land use compatibility 6 matrix of the ALUCP, the proposed land use is compatible with the airport, in that the proposed restaurant and retail center uses are considered compatible land uses 7 within the 60 CNEL. o 11. The Planning Commission hereby finds that all development in Carlsbad benefits from 9 the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and 10 provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad's Growth * * Management Plan. Preservation of wildlife habitats and sensitive species is required by 12 the Open Space and Conservation Element of the City's General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the 13 preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in 14 turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on all new development within the City is essential to fund implementation of the City's Habitat Management Plan. 12. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 17 Code Section 14.28.020 and Landscape Manual Section IB). 18 13. 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 20 degree of the exaction is in rough proportionality to the impact caused by the project. 21 Conditions; 22 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a -- grading permit or building permit, which ever shall occur first. 24 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 25 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 27 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 28 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 Conditional Use Permit. PC RESO NO. 6436 -5- Staff is authorized and directed to make, or require the Developer to make, all corrections 2 and modifications to the Conditional Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development 3 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 4 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 6 4. If any condition for construction of any public improvements or facilities, or the payment 7 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid 9 unless the City Council determines that the project without the condition complies with all requirements of law. 10 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 12 representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly 13 or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or 14 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's 17 approval is not validated. 18 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the (Parcel Map and Site Plan) reflecting the conditions approved by the final decision- making body. 20 7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 22 format (including any applicable Coastal Commission approvals). 23 8. 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 24 obligation to provide school facilities. 25 9. This project shall comply with all conditions and mitigation measures which are required 26 as part of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 27 10. This approval is granted subject to the approval of the Mitigated Negative Declaration ^ and Mitigation Monitoring and Reporting Program, and CDP 07-03 and is subject to PC RESO NO. 6436 -6- all conditions contained in Planning Commission Resolutions No. 6435 and 6437 for 2 those other approvals incorporated herein by reference. 3 11. This approval is granted subject to the approval of the Minor Subdivision (MS 07-02) and is subject to all conditions contained in the City Engineer's approval letter for this 4 other approval incorporated herein by reference. 12. This approval shall become null and void if building permits are not issued for this 6 project within 24 months from the date of project approval. 7 13. 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 9 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 10 shall be placed on the Parcel Map. 14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy j2 #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 13 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 3, pursuant to Chapter 21.90. All such 14 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this 1 <- approval will not be consistent with the General Plan and shall become void. 16 15. Prior to the issuance of a grading permit, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to 17 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(n) Conditional Use Permit and Coastal Development Permit by 19 Resolution(s) No. 6436 and 6437 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all 20 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 21 an amendment to the notice which modifies or terminates said notice upon a showing of 22 good cause by the Developer or successor in interest. 23 16. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have 24 a substantial negative effect on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the 26 permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. 27 17. If, at any time, the City Council, Planning Commission, or Planning Director determines that there has been, or may be, a violation of the findings or conditions of this conditional use permit, or of the Municipal Code regulations, a public hearing may be held before the PC RESO NO. 6436 -7- City Council to review this permit. At said hearing, the City Council may add additional 2 conditions, recommend additional enforcement actions, or revoke the permit entirely, as necessary to ensure compliance with the Municipal Code and the intent and purposes of 3 the Commercial/Visitor-Serving Overlay Zone, and to provide for the health, safety, and general welfare of the City. 4 <- 18. Developer shall implement, or cause the implementation of, the CARLSBAD PASEO - CUP 07-03/CDP 07-07/MS 07-02 Project Mitigation Monitoring and Reporting 6 Program. 7 19. Prior to issuance of a grading permit, Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall 9 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. 10 20. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the 12 project's building, improvement, and grading plans. 13 21. Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the 14 Planning Director. Said facilities, if required, shall be free from advertising and shall at a minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. 16 22. This project has been found to result in impacts to wildlife habitat or other lands, such as 17 agricultural land, non-native grassland, and disturbed lands, which provide some benefits to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu i o Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of 20 vegetation and animal species. The Developer is further aware that the City has determined that all projects will be required to pay the fee in order to be found consistent 21 with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. Developer or Developer's successor(s) in interest shall pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit, whichever 23 occurs first. The applicant shall pay habitat in-lieu mitigation fees consistent with the Carlsbad Habitat Management Plan (HMP) and the Preliminary Vegetation 24 Assessment (Planning Systems, May 16, 2006) as follows: Group E - 6.29 acres of Annual (non-native) Grassland, and Group F - 0.55 acres of Disturbed Lands. If the In-lieu Mitigation Fees for this project are not paid, this project will not be consistent 25 with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. 27 23. All roof appurtenances, including air conditioners, shall be architecturally integrated and 2° concealed from view and the sound buffered from adjacent properties and streets, in PC RESO NO. 6436 -8- substance as provided in Building Department Policy No. 80-6, to the satisfaction of the 2 Directors of Community Development and Planning. 3 24. The Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting 4 the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in <- the Planning Department). 6 25. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal 7 Code Chapter 21.105. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. 9 26. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. 10 When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. 12 27. Developer shall submit and obtain Planning Director approval of an exterior 13 lighting plan including parking areas. All lighting (including reflected sunlight) shall be designed to reflect downward and avoid any impacts on adjacent property, 14 including Interstate-5. 28. Compact parking spaces shall be located in large groups, and in locations clearly marked to the satisfaction of the Planning Director. 17 29. Developer shall construct, install, and stripe not less than the required number of parking spaces, as shown on Exhibits "A" - "NN." 30. The developer shall submit and obtain Planning Director approval of a sign program for the project showing conformance with the City of Carlsbad Sign 20 Ordinance and the Commercial/Visitor-Serving Overlay Zone. All signs shall be constructed and installed in accordance with the approved sign program. 21 31. The Developer shall be required to obtain a Clean Water Act Section 404 Nationwide Permit for the temporary impact to 0.053-acres of non-wetland waters 23 of the United States for the replacement of an existing concrete-lined channel with an underground box-culvert. Prior to the issuance of a grading permit, Developer 24 shall provide proof to the Planning Director of the issuance of said permit. 32. The developer shall be required to obtain a 401 Certification or Waiver of Certification from the California Regional Water Quality Control Board for the replacement of an existing concrete-lined channel with an underground box-culvert. 27 Prior to the issuance of a grading permit, the developer shall provide proof to the Planning Director of the issuance of said certificate or waiver. 28 PC RESO NO. 6436 -9- 33. Prior to commencement of grading, the developer shall enter into a pre-excavation 2 agreement with a representative of the San Luis Rey Band of Mission Indians. The purpose of this agreement will be to establish the requirement of tribal monitoring 3 and to formalize procedures for the treatment of Native American human remains and burial, ceremonial, or cultural items that may be uncovered during any ground 4 disturbance activities. 34. Prior to issuance of a grading permit, the project developer shall retain the services 6 of a qualified archeologist to monitor all ground disturbing activities. The applicant shall provide verification that a qualified archeologist has been retained, and 7 verification shall be documented by a letter from the applicant and the archeologist to the Planning Director.8 9 35. A qualified archeologist shall be present at the pre-construction meeting to consult with the grading and excavation contractors. 10 36. In the event that any cultural resources, concentration of artifacts, or culturally 11 modified soil deposits are discovered within the project area at any time during 12 construction, the archeological monitor shall be empowered to suspend work in the immediate area of the discovery until such time as a data recovery plan can be 13 developed and implemented. The discovery of any resource shall be reported to the City of Carlsbad Planning Director prior to any evaluation testing. If any deposits 14 are evaluated as significant under CEQA, mitigation may be required as recommended by the qualified archeologist. 16 Code Reminders: 17 37. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 18 ,g 38. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 20 39. Approval of this request shall not excuse compliance with all applicable sections of the 21 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 23 40. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 24 41. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 25 Code Section 18.04.320. 26 42. Any signs proposed for this development shall at a minimum be designed in conformance 27 with the Commercial/Visitor-Serving Overlay Zone and the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such 28 signs. PC RESO NO. 6436 -10- 1 NOTICE 2 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 A "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 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 g annul their imposition. 9 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 14 Commission of the City of Carlsbad, California, held on July 16, 2008 by the following vote, to 15 wit: 16 AYES: Commissioners Baker, Boddy, Dominguez, Douglas, Montgomery, and Chairperson Whitton 18 NOES: 19 ABSENT: Commissioner Cardosa 20 21 ABSTAIN: 22 23 FRANK H. WHITTON,~Chairperson CARLSBAD PLANNING COMMISSION24 25 ATTEST: 26 27 DON NEU Planning Director PC RESO NO. 6436 -11- 1 PLANNING COMMISSION RESOLUTION NO. 6437 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A COASTAL DEVELOPMENT PERMIT TO 4 CONSTRUCT A 7,511 SQUARE FOOT STAND ALONE RESTAURANT, A 44,391 SQUARE FOOT COMMERCIAL RETAIL CENTER, AND A VACANT PAD FOR A FUTURE 6 STAND ALONE RESTAURANT ON A 6.96 ACRE PARCEL GENERALLY LOCATED ON THE WEST SIDE OF PASEO DEL 7 NORTE, NORTH OF KING'S FISH HOUSE, SOUTH OF CAR COUNTRY DRIVE, AND EAST OF THE INTERSTATE 5 8 FREEWAY, WITHIN THE MELLO II SEGMENT OF THE 9 LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3. 10 CASE NAME: CARLSBAD PASEO CASE NO.: CDP 07-0711 : ; : 12 WHEREAS, Strategic Property Advisors, Inc., "Developer," has filed a verified 13 application with the City of Carlsbad regarding property owned by CPT/SC Title Holding 14 Corporation, "Owner," described as 15 Portions of Parcel 2 and 3 of Parcel Map No. 11284, filed in the Office of the County Recorder of San Diego County, May 11,16 1981 and lot 4 of Carlsbad Tract No. 92-7 (Carlsbad Ranch Unit 1 And Unit 2), according to map thereof No. 13078, filed 1' in the Office of the County Recorder of San Diego County, December 28,1993, all in the City of Carlsbad, County of San 18 Diego, State of California, more particularly described as follows:19 Beginning at the northeasterly corner of said Parcel 3, said 2" corner being the most northerly corner of said Lot 4, said 21 corner being the point of beginning; thence southerly along the easterly line of said Lot 4, south 22°29'26" east (south 22 22°29'26" east per said Map No. 13078) 925.00 feet to the beginning of a tangent curve concave northeasterly having a 23 radius of 557.00 feet; thence southeasterly along said curve through a central angle of 11°20'36" a distance of 110.27 feet 24 to a point on said easterly line, a radial through said point bears south 56°09'58" west; thence leaving said easterly line 25 south 55°50'26" west 343.71 feet to the westerly line of said 2fi Parcel 2; thence northwesterly along the westerly line of said Parcels 2 and 3, north 26°48'03" west (north 26°47'14" west 27 per said Parcel Map 11284) 738.65 feet to an angle point corner of said Parcel 3; thence continuing along said westerly line 28 north 25°12'24" west 300.01 feet (north 25°11'47" west 300.01 feet per said parcel map) to an angle point corner of said parcel map; thence continuing along said westerly line north / £ 1 26°15'29" west 68.05 feet (north 26°15'48" west 68.03 feet per said parcel map) to the northwest corner of said Parcel 3 of said parcel map; thence easterly along the northerly line of 3 said Parcel 3, north 67°31'12" east 399.93 feet (north 67°31'17" east 400.00 feet per said parcel map) to the point of beginning. 4 Said land is also described as Parcel A in that certain 5 Certificate of Compliance for Adjustment Plat, dated October 1,2002, and recorded October 18,2002, as Document No. 2002- 0913260, Official Records of San Diego County, California. 7 ("the Property"); and 8 WHEREAS, said verified application constitutes a request for a Coastal 10 Development Permit as shown on Exhibits "A" - "NN" dated July 16, 2008, on file in the 11 Planning Department, CARLSBAD PASEO - CDP 07-07, as provided by Chapter 21.201.040 12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on July 16, 2008, hold a duly noticed 14 public hearing as prescribed by law to consider said request; and 15 WHEREAS, at said public hearing, upon hearing and considering all testimony16 j7 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 18 relating to the CDP. 19 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 20 Commission of the City of Carlsbad as follows: 21 A) That the foregoing recitations are true and correct. 22 B) That based on the evidence presented at the public hearing, the Commission 23 RECOMMENDS APPROVAL of CARLSBAD PASEO - CDP 07-07 based on 24 the following findings and subject to the following conditions: Findings: 25 1. That the proposed development is in conformance with the Mello II Segment of the 26 Certified Local Coastal Program and all applicable policies in that the proposed uses are consistent with the Travel Service (TS) LCP Land Use designation; there is no historic evidence of agricultural use of the property; the development does not 28 obstruct views of the coastline as seen from any public lands or public rights-of- way; the project is consistent with the City of Carlsbad's HMP, which has been PC RESO NO. 6437 -2- developed so as to implement and be consistent with all provisions of the LCP; the 2 project has been designed to reduce the amount of runoff to the maximum extent practicable, utilizes Low Impact Design (LID), and has been conditioned to 3 implement the National Pollution Discharge Elimination System (NPDES) standards; and the site is geologically stable. 4 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the site is located on the east side of the first public street and no coastal access areas or water-oriented recreational activities exist on or near the project site. 7 The project is consistent with the provisions of the Coastal Resource Protection Overlay 8 Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the 11 site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 12 4. 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 14 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. 15 Conditions; 16 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit, whichever occurs first. 18 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 19 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 22 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 23 or a successor in interest by the City's approval of this Coastal Development Permit. 24 Staff is authorized and directed to make, or require the Developer to make, all corrections 25 and modifications to the Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. 26 Development shall occur substantially as shown on the approved Exhibits. Any proposed 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. PCRESONO. 6437 -3- 4. If any condition for construction of any public improvements or facilities, or the payment 2 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 3 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 4 all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 6 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 7 and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Coastal Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or 9 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 10 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 , 2 approval is not validated. 13 6. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and CUP 07-03 and is subject to 14 all conditions contained in Planning Commission Resolutions No. 6435 and 6436 for those other approvals incorporated herein by reference. 16 7. This approval is granted subject to the approval of the Minor Subdivision (MS 07-02) and is subject to all conditions contained in the City Engineer's approval letter for this 17 other approval incorporated herein by reference. 18 8. Developer shall implement, or cause the implementation of, the CARLSBAD PASEO - 19 CUP 07-03/CDP 07-07/MS 07-02 Project Mitigation Monitoring and Reporting Program. 20 9. The applicant shall apply for and be issued building permits for this project within two 21 (2) years of approval or this coastal development permit will expire unless extended per 22 Section 21.201.210 of the Zoning Ordinance. 23 10. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. 24 25 NOTICE 26 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." 28 PC RESO NO. 6437 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 July 16,2008, by the following vote, to wit: AYES: NOES: Commissioners Baker, Boddy, Dominguez, Douglas, Montgomery, and Chairperson Whitton ABSENT: Commissioner Cardosa ABSTAIN: /'FRANK H. WHITTON, chairperson CARLSBAD PLANNING COMMISSION ATTEST: DONNEU Planning Director PC RESO NO. 6437 -5- The City of Carlsbad Planning Department EXHIBIT 4 A REPORT TO THE PLANNING COMMISSION ©Item No. P.C. AGENDA OF: July 16, 2008 Application complete date: February 14, 2008 Project Planner: Jason Goff Project Engineer: Tecla Levy SUBJECT: CUP 07-03/CDP 07-07 - CARLSBAD PASEO - Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and a recommendation of approval of a Conditional Use Permit and Coastal Development Permit to construct a 7,511 square foot stand alone restaurant, a 44,391 square foot commercial retail center, and a vacant pad for a future stand alone restaurant on a 6.96-acre parcel generally located on the west side of Paseo Del Norte, north of King's Fish House, south of Car Country Drive, and east of the Interstate 5 freeway, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 3. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6435 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolutions No. 6436, and 6437 RECOMMENDING APPROVAL of a Conditional Use Permit (CUP 07-03) and a Coastal Development Permit (CDP 07-07), based on the findings and subject to the conditions contained therein. II. INTRODUCTION The applications propose subdividing a vacant 6.96-acre Commercial-Tourist, Qualified Development Overlay (C-T-Q) zoned parcel into 3 parcels ranging in size from approximately 1.6 to 3.5 acres, and for the development of a 7,511 sq. ft. stand alone restaurant, a 44,391 sq. ft. two-story commercial retail center, a vacant pad for a future stand alone restaurant, and 533 total parking spaces located along the west side of Paseo Del Norte, north of King's Fish House, south of Car Country Drive, and east of the Interstate 5 freeway. The proposed restaurant and commercial retail center uses are permitted by the C-T-Q Zone, and subject to the approval of a Site Development Permit (SDP). Because the site is located within the Commercial/Visitor- Serving Overlay Zone, the Conditional Use Permit (CUP) process replaces the SDP permit and the project must be approved by the City Council. The project's location within the Mello II Segment of the Local Coastal Program requires the processing and approval of a Coastal Development Permit (CDP). Since the subdivision of the site consists of only three lots, the Engineering Department will administratively process a Minor Subdivision Map (MS 07-02) subsequent to the City Council's action on the project. A draft copy of the proposed conditions of approval for MS 07-02 is attached to this report. The development of Parcel C with a future stand alone restaurant will require amendments to the proposed CUP and CDP for purposes of determining compliance with all development standards and requirements. As designed and 10 CUP 07-03/ CDP 07-07 - CARLSBAD PASEO July 16, 2008 Page 2 - conditioned, the project is consistent with all applicable standards and policies, and the necessary findings to approve the project can be made. III. PROJECT DESCRIPTION AND BACKGROUND The applicant is requesting that the Planning Commission recommend approval of a Conditional Use Permit and Coastal Development Permit for the development of the Carlsbad Paseo project. The project will include subdividing a vacant 6.69-acre parcel into three parcels for the development of three stand alone buildings. Parcel A is approximately 1.6 acres in size and will include a 7,511 sq. ft. stand alone restaurant for P.P. Chang's. Parcel B is approximately 3.5 acres in size and will include a 44,391 sq. ft. two-story commercial retail center. Parcel C is approximately 1.9 acres in size and will be pad graded and improved with parking and landscaping for a future stand alone restaurant tenant. Parcel C is providing 162 parking spaces, which are enough parking spaces to accommodate a future restaurant of approximately 9,100 sq. ft. in size. A total of 533 parking spaces are being provided for the three stand alone lots/buildings. The architectural style exhibited in the proposed P.P. Chang's building (Parcel A) can be characterized as contemporary. The project features proportional architectural features, compatible colors and materials, and a 22'-6" tall tower entry feature that is highlighted by backlit red trend glass tiles under a barrel type metal roof. A split face type stone veneer has been added to exterior portions of the building to give it a unique look. The split face columns supporting the entry feature have a width of+2'-2" and a depth of+8'-2", giving the building a strong street presence along Paseo Del Norte. In addition, the tower entry columns are flanked on each side by the P.P. Chang's signature horse statues and two sets of slate tile covered columns, which range in depth from +l'-9" to +5'-10" and have a width of+l'-4". The exterior of the building is further accentuated with a painted wood lap siding to create balance between the soft and hard materials, and the remaining exterior portions are finished with a dry quartz exterior cement plaster (stucco) painted in warm colors. A steel patio cover roof element is included along the north side of the building for outdoor seating, which is partially enclosed by a 4 ft. tall plastered block wall with a clear glass wind screen. This will provide opportunities for outdoor dining while being sheltered from the elements and surrounding vehicular noise. Finally, benches and decorative accent lighting located at the front entry, steel green screens positioned on the southwest elevation, and ornamental landscape and vegetation surrounding the building, further soften the buildings overall appearance and site composition. The architectural style of the commercial retail center (Parcel B) is early California Spanish. The style is reflected in a village-themed type building, arranged in a promenade design with interior courtyards, walkways, flowering gardens, and fountains. There are seat walls and benches found throughout. The exterior of the building will consist of a two-tone type smooth trowel stucco, and the roof will be covered by traditional clay tiles with exposed grout for authenticity. Other design features such as canvas awnings; wrought iron railing, light fixtures, and other details; decorative tile accents, wood trellising, and stone pavers enhance the architectural design features of the building. The architectural accents proposed and natural color tones will mirror the surrounding environment and the adjacent Flower Fields. Two additional points of vehicular access for ingress and egress are proposed along Paseo Del Norte for this project. One is aligned with the existing driveway for the Carlsbad Premium CUP 07-037 CDP 07-07 - CARLSBAD PASEO July 16,2008 Page 3 - . ' Outlets, and the other is aligned with Car Country Drive. The intersection of Car County Drive and Paseo Del Norte is presently a signalized intersection, which will be modified to accommodate both signalized traffic movements for vehicular ingress and egress of the site, and pedestrian movements across Paseo Del Norte and the project driveway. The other intersection, which is aligned with the entrance to the Carlsbad Premium Outlets, will not be signalized initially as part of the development of the project. However, the project has been conditioned to execute a Traffic Signal Subdivision Improvement Agreement to design and install, and post appropriate security for the construction of a future traffic signal, which will be kept in force for a period of five years after the last building permit has been issued for this development in the advent a future signal is warranted. The parcel is zoned Commercial Tourist, Qualified Development Overlay Zone (C-T-Q). The current General Plan Land Use designation is Travel/Recreation Commercial (T-R). No change is being proposed to either the General Plan or Zoning. The site is within Local Facilities Management Plan (LFMP) Zone 3 located within the northwest quadrant of the City of Carlsbad. Surrounding land uses include a vehicle storage site for Ken Grody Ford to the north, a stand alone restaurant (King's Fish House) to the south, Paseo Del Norte and the Carlsbad Premium Outlets to the east, and the Interstate 5 freeway to the west. The parcel is presently undeveloped, but has been previously graded into an artificial fill pad forming the majority of the site. The site is topographically level with drainage relief to the west. The site location has an existing elevation of between 59 and 62 feet above mean sea level (AMSL). The elevation of the freeway adjacent to the project is approximately 50 ft. AMSL. Grading of the site will require approximately 14,935 cubic yards of cut, 13,864 cubic yards of fill, 4,670 cubic yards of remediation, and 1,071 cubic yards of export. A concrete-lined trapezoidal-shaped drainage channel currently bisects the site towards its southern boundary. Project improvements include replacement of the open drainage channel with an underground concrete box culvert. Improvements are required within the Caltrans right- of-way at the outflow of the proposed box culvert and will require the processing of an encroachment permit with that agency. No Habitat Management Plan (HMP) listed sensitive habitat or plant species occur on the property; no species of animals listed as rare, threatened, endangered or otherwise sensitive by the U.S. Fish & Wildlife Service (USFWS) or the California Department of Fish & Game (CDFG) are present on or are adjacent to the site; and no jurisdictional wetlands as defined by the U.S. Army Corps of Engineers and the CDFG exist on or are adjacent to the site. IV. ANALYSIS The proposed project is subject to the following plans, ordinances, standards, and policies: A. General Plan: Travel/Recreation Commercial (T-R) Land Use designation; B. Commercial Tourist, Qualified Development Overlay (C-T-Q) Zone, and Commercial/Visitor-Serving Overlay Zone; C. Conditional Use Permit findings (C.M.C. 21.42.030), and findings pursuant to the Commercial/Visitor-Serving Overlay Zone (C.M.C. 21.208.110); CUP 07-03/ CDP 07-07 - CARLSBAD PASEO July 16, 2008 Page 4 - . - D. Mello II Segment of the Local Coastal Program, and Coastal Resource Protection Overlay Zone (C.M.CTChapter 21.203); E. Airport Land Use Compatibility Plan (ALUCP) for McClellan-Palomar Airport; F. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); and G. Growth Management (C.M.C. Chapter 21.90) and Zone 3 Local Facilities Management Plan. The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in the sections below. A.General Plan The General Plan Land Use designation for the project site is Travel/Recreation Commercial (T- R). The project complies with all elements of the General Plan as illustrated in Table 1 below: TABLE 1 - GENERAL PLAN COMPLIANCE ELEMENT Land Use Housing Circulation USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM The site is designated for Travel/Recreation Commercial (T-R), which allows for visitor attractions and commercial uses that serve the travel and recreational needs of tourists, residents, and employees of business and industrial centers. N/A Good road design practice shall be utilized to minimize the number of intersections and other conflicting traffic movements. New development shall dedicate and improve all public right-of-way for circulation facilities needed to serve development. PROPOSED USES & IMPROVEMENTS The proposed commercial retail center, restaurant, and future restaurant pad, are considered commercial uses, which will serve the travel and recreational needs of tourists, residents, and employees of the surrounding businesses and industrial centers. N/A Project driveways for ingress and egress have been designed to align with existing intersections along Paseo Del Norte to minimize the number of intersections and conflicting traffic movements along this corridor. Roadway improvements in the form of curb, gutter, sidewalk, and streetlights are proposed. COMPLY Yes N/A Yes Yes CUP 07-037 CDP 07-07 - CARLSBAD PASEO July 16,2008 PaeeS . . . ' TABLE 1 - GENERAL PLAN COMPLIANCE CONTINUED ELEMENT Noise Open Space/ Conservation USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM Control harmful or undesirable sound through the planning and regulatory process. Utilize noise standards contained in the Airport Land Use Compatibility Plan (ALUCP) for McClellan- Palomar Airport. Utilize Best Management Practices for control of storm water and to protect water quality. PROPOSED USES & IMPROVEMENTS A project specific acoustical analysis was prepared for the project to demonstrate compliance with the City of Carlsbad Noise Guidelines Manual. The analysis concluded that standard building construction for all buildings would reduce interior noise levels below the required 55 dBA CNEL (interior) provided that mechanical ventilation is provided. Furthermore, to comply with exterior noise standards, a 4-foot high noise barrier is required to be constructed along the northern edge of the outdoor dining area of the restaurant (P.P. Chang's) proposed on Parcel A. Mitigation measures for each of the above have been included as part of the Mitigated Negative Declaration. The project is a compatible land use within the 60 CNEL noise contour, with no mitigation required for indoor/outdoor uses. The project will conform to all National Pollution Discharge Elimination Standards (NPDES) and has been designed to include Low Impact Design (LID) elements. COMPLY Yes Yes Yes CUP 07-03/ CDP 07-07 - CARLSBAD PASEO July 16, 2008 Page 6 • - TABLE 1 - GENERAL PLAN COMPLIANCE CONTINUED ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY 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 Provide project review that allows consideration of seismic and geologic hazards Project improvements will not significantly impact or be impacted by geologic or seismic conditions. Yes B. Commercial Tourist, Qualified Development Overlay (C-T-Q) Zone, and Commercial/Visitor-Serving Overlay Zone The project site is zoned Commercial Tourist, Qualified Development Overlay (C-T-Q) Zone, and is also located within the Commercial/Visitor-Serving Overlay Zone. The Commercial/Visitor-Serving Overlay Zone contains development standards for projects within the overlay and supersedes some of the standards of the underlying zone. In addition, the C-T-Q Zone requirement to process a Site Development Plan is superseded by the requirement to process a Conditional Use Permit through the Commercial/Visitor-Serving Overlay Zone. The Conditional Use Permit findings and the Commercial/Visitor-Serving Overlay Zone findings are discussed below in Section C of this report. The project complies with all requirements of the C-T and Commercial/Visitor-Serving Overlay Zone as illustrated in Table 2 below: TABLE 2 - C-T ZONE / COMMERCIAL/VISITOR SERVING OVERLAY COMPLIANCE STANDARD Permitted Use REQUIRED Commercial/Visitor-Serving uses (i.e. Restaurant w/ Outdoor Dining, Retail (specialty - catering to tourists) PROPOSED Retail, Restaurant w/ Outdoor Dining, and future restaurant pad. Parking: Restaurant: (2,000 SF or greater): 20 spaces plus 1 space per 50 SF of gross floor area in excess of 2,000 SF. Outdoor Dining: 1 space perl 00 SF of gross floor area. Parcel A: Restaurant Area = 7,511 SF 2,000 SF= 20 spaces 5,511 SF-50=111 spaces Outdoor Dining Area = 632 SF 632 SF-MOO = 7 spaces Total Parking Required: 20+111 +7= 138 spaces Parcel A: 138 spaces provided CUP 07-037 CDP 07-07 - CARLSBAD PASEO July 16,2008 Page 7 . TABLE 2 - C-T ZONE / COMMERCIAL/VISITOR SERVING OVERLAY COMPLIANCE CONTINUED STANDARD REQUIRED PROPOSED Parking (continued): Shopping Center Retail: 1 space per 200 SF of the gross floor area. Parcel B: Retail Center = 44,391 SF. 44,391 SF - 200 SF = 222 spaces. Total Parking Required: 222 spaces* Parcel C: Future restaurant use (9,100 SF max.)** Parcel B: 233 spaces provided Parcel C: 162 spaces provided Building Height:35 ft. / 45 ft. for allowed protrusions Parcel A (P.P. Chang's): 22.5 ft. Parcel B (Retail Center): 33.375 ft. / 35.5 ft. (towers) Setbacks:Minimum building setback from any public street shall be 30 feet. Parcels A, B, and C all propose building setbacks from Paseo Del Norte in excess of 30 feet. For parcels eight acres or less hi size, the back 10 feet of the required setback may be used as circulation aisles or parking spaces provided there is adequate use of landscaping and screen walls. Given the narrow depth of Parcels A, B, and C, the back 10 feet of the required 30 foot setback is being utilized for parking. Adequate landscaping, which also includes a decorative 42-inch tall screen wall, is provided within the first 20 feet of the 30 foot setback area closest to Paseo Del Norte. Minimum building setback from any freeway right-of-way shall be 30 feet, of which the back 20 feet may accommodate circulation aisles, trash and/or recycling enclosures, and/or parking spaces. Parcels A, B, and C all propose building setbacks from the Interstate 5 freeway in excess of 30 feet. However, given the narrow depth of Parcels A, B, and C, the back 20 feet of the required 30 foot setback is being utilized for parking spaces, circulation aisles, and trash enclosures. CUP 07-03/ CDP 07-07 - CARLSBAD PASEO July 16,2008 Paee8 - . . ' TABLE 2 - C-T ZONE / COMMERCIAL/VISITOR SERVING OVERLAY COMPLIANCE CONTINUED STANDARD REQUIRED PROPOSED Decorative Paving:Decorative paving of at least 900 SF covering, at a minimum, the width of the driveway, shall be provided in the primary approach. 2,784 SF of decorative paving is provided at north entrance. 2,583 SF of decorative paving is provided at south entrance. The decorative paving shall be depicted on the landscape plans, and shall be located adjacent to, but not on, City right-of-way adjacent to the project entrance. Decorative paving is depicted and detailed on the preliminary landscape plans. Decorative paving is located adjacent to, but not on, City right-of-way adjacent to the project entrance. Building Materials/Colors: High quality simulated building materials such as imitation brick, stone, marble, or wood may be approved. The primary colors of blue, red, yellow, and green shall not be dominate building colors The P.P. Chang's restaurant proposed on Parcel A utilizes a combination of non-primary colored high quality building materials, which include a dry quartz exterior cement plaster (stucco), split-faced type stone veneer, slate tile veneer, red trend glass tile, wood lap siding, and painted steel for the trellises attached to the'rear elevation and the outdoor patio cover. The commercial retail shopping center proposed on Parcel B utilizes a light, two-tone type smooth trowel stucco over the majority of the building. Other building materials such as canvas awnings; wrought iron railing, light fixtures, and other details; decorative tile accents, wood trellising, stone pavers, and clay roofing tiles are included in the palette of construction materials. 11 CUP 07-037 CDP 07-07 - CARLSBAD PASEO July 16, 2008 Page 9 - . . TABLE 2 - C-T ZONE / COMMERCIAL/VISITOR SERVING OVERLAY COMPLIANCE CONTINUED STANDARD REQUIRED PROPOSED Monument Sign Landscaping: 6 Birds of Paradise (Strelitzia reginae) plants with a minimum container size of 5-gallons shall be located in clusters around the proposed sign locations. Six (6) Birds of Paradise (Strelitzia reginae) plants, minimum 5-gallon size, are proposed on the preliminary landscape plans to be planted on 24-inch centers and clustered around the proposed future locations of freestanding signs in an area of approximately 100 SF. One Phoenix roebelenii palm tree with a minimum container size of 15- gallons shall be located to one side of the freestanding sign amidst the birds of paradise plant clusters. One (1) Phoenix roebelenii palm tree, minimum 15-gallon size, is proposed on the preliminary landscape plans to be planted on each side of the proposed future freestanding sign locations. Required Parking Lot Trees: 1 tree per 6 parking spaces 533 total parking spaces + 6 = 89 trees required. 15 gallon min. 134 trees are provided, which equates to approximately one (1) tree per four parking spaces. 24-inch box provided. Screening of Parking Areas: All surface parking areas shall be screened by the use of forty-two inch high screen walls within setback areas. The screening wall height may be reduced to thirty inches to comply with engineering sight distance requirements as necessary. A 42-inch high screen wall with pilasters set on 30-foot centers is proposed along the entire Paseo Del Norte frontage extending from the southeast corner of Parcel A to the northeast corner of Parcel C and terminating on the south side of the main driveway. Screen walls shall be architecturally finished to complement the project's architecture and shall provide an architectural cap on top of the wall. The wall and pilasters will consist of a CMU block with a stucco finish to match the architecture. The decorative architectural cap will consist of a pre-cast concrete cap that is of a terracotta color to match the retail center. Vines and attaching plant forms shall be used to further obscure the screening walls. A hedge row consisting of Myrtle (Myrtus Communis) will be planted in front of the 42- inch high screen wall to add additional screening and visual relief. CUP 07-037 CDP 07-07 - CARLSBAD PASEO July 16, 2008 Page 10 . TABLE 2 - C-T ZONE / COMMERCIAL/VISITOR SERVING OVERLAY COMPLIANCE CONTINUED STANDARD REQUIRED PROPOSED Screening of Loading/Delivery/Trash Enclosure Areas: All areas used for loading activities, receiving deliveries and trash enclosure locations shall be located onsite so as to be screened from public points of view. Landscaping may assist this objective but is secondary to locating these areas onsite and/or using solid masonry walls, to minimize visibility. Parcel A: The service area for P.P. Chang's is located to the rear of the site on the west side and is fully enclosed and integrated into the architecture of the building. A roll-up door is proposed on the north side of the service area, which given its location on the site should not be visible form Paseo Del Norte or 1-5. However, to further reduce any potential visual impacts it may have, the north elevation of the service area is setback 1 ft. behind the forward most plane of the north elevation, and the roll-up door is further recessed 1 ft. into the face of wall and painted to match the building. A landscape screen is planted on both sides of the loading area leading up to the roll-up door. The Landscape screen consists of New Zealand Flax (Phormium tenax) and Myoporum (Myoporum Pacificum), and will help to hide the driveway leading up to the face of the door. CUP 07-037 CDP 07-07 - CARLSBAD PASEO July 16,2008 Page 11 - TABLE 2 - C-T ZONE / COMMERCIAL/VISITOR SERVING OVERLAY COMPLIANCE CONTINUED STANDARD REQUIRED PROPOSED Screening of Loading/Delivery/Trash Enclosure Areas (continued): All areas used for loading activities, receiving deliveries and trash enclosure locations shall be located onsite so as to be screened from public points of view. Landscaping may assist this objective but is secondary to locating these areas onsite and/or using solid masonry walls, to minimize visibility. Parcel B: The service area for the commercial retail center is located to the rear of the site on the west side of the building and is fully enclosed by a 6 ft. high CMU wall covered with a smooth plaster finish to match the architecture of the building. A sliding gate of equal height, with a painted wood siding type finish will be used to screen the entrance to the service area. Landscape is included to further screen the service area from within the parking lot. One trash enclosure facility is proposed along the westerly boundary of ParcelB. The trash enclosure is constructed of CMU with a smooth plaster finish to match the architecture of the building. A pre-cast concrete cap is included, which will be of a terracotta color and will match the screen walls proposed within the project site. A combination of shrubs and climbing vines will be used to further screen the enclosure. Screening of Rooftop Equipment: Rooftop equipment and/or other structural features shall be screened from public view. Rooftop mechanical equipment for both the restaurant (P.P. Chang's) and the retail center will be screened from public view behind a parapet of approximately 6 ft. in height. *Parcel B anticipates a possible conversion of 2,000 SF of retail use to a restaurant use. In this case, 42,391 SF of "Shopping Center Retail" would require 212 parking spaces, plus an additional 20 parking spaces for the 2,000 SF converted to restaurant. This results in a total of 232 parking spaces being required for the combined uses. There are 233 parking spaces provided onsite. Therefore, parking is sufficient to allow for a retail conversion of 2,000 SF to a restaurant use inside the commercial retail center. **No use is being proposed for Parcel C at this time, however, the site is being pad graded and improved with landscaping and a parking lot that will provide 162 parking spaces. The site is presently being marketed for a stand alone restaurant use. At a restaurant parking rate (for 2,000 SF or greater: 20 spaces, plus 1 space per 50 SF of gross floor area in excess of 2,000 SF) a restaurant of approximately 9,100 SF in size could be accommodated on this site. CUP 07-037 CDP 07-07 - CARLSBAD PASEO July 16, 2008 Page 12 . C. Conditional Use Permit findings (C.M.C. 21.42.030), and findings pursuant to the Commercial/Visitor~Serving Overlay Zone (C.M.C. 21.208.110) Commercial projects located within the Coinrnercial/Visitor-Serving Overlay Zone require the approval of a Conditional Use Permit by the City Council. The four findings for a Conditional Use Permit, along with the required findings for the Cornmercial/Visitor-Serving Overlay Zone are summarized below: 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the General Plan. The proposed restaurant use, two-story commercial retail center, and future restaurant pad are permitted within both the C-T Zone and the Commercial/Visitor-Serving Overlay Zone and will provide a service to the travel and recreational needs of tourists, residents, and employees of the surrounding businesses and industrial centers. 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. The proposed restaurant use, two-story commercial retail center, and future restaurant pad are not detrimental to the existing surrounding uses or to uses specifically permitted in the zone in that the project site has been designed to accommodate all parking on site, and provides for adequate traffic circulation. Furthermore, to ensure compatibility of the project with the surrounding community, all of the required development standards of the Commercial/Visitor-Serving Overlay Zone have been incorporated into the project design. 3. That the site is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed by code and required by the planning director, planning commission or city council, in order to integrate the use with other uses in the neighborhood. The 6.96-acre project site is adequate in size and shape to accommodate the proposed uses in that the project can be fit within the proposed development area without the need for any development standard modifications. Furthermore, the project complies with all of the required development standards and parking requirements of the C-T Zone and the Commercial/Visitor-Serving Overlay Zone in that, adequate building and landscape setbacks have been provided; the proposed buildings are designed with enclosed service areas to conceal delivery areas, trash receptacles, and storage of supplies; roof-mounted mechanical equipment is screened from public view, and project access points for ingress and egress of the site are aligned with other surrounding driveways to integrate the proposed uses with other uses in the neighborhood. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. A traffic study was submitted for the development proposal, which indicates that the proposed project would generate a total of approximately 3,772 Average Daily Trips (ADT), CUP 07-037 CDP 07-07 - CARLSBAD PASEO July 16, 2008 Page 13 - . . ' with 96 AM peak hour trips (58 inbound, 38 outbound), and 302 PM peak hour trips (178 inbound, 124 outbound).~Ih order to accommodate the level of traffic generated, the project developer will be required to pay a fair-share contribution for the lengthening of the eastbound to northbound left turn pocket at the intersection of Palomar Airport Road and Paseo Del Norte; pay a Traffic Impact Fee (TIP) based on Section 18.42 of the City of Carlsbad Municipal Code to mitigate impacts to the Palomar Airport Road and Paseo Del Norte intersection; and execute a Traffic Signal Subdivision Improvement Agreement to design and install, and post appropriate security for the construction of a future traffic signal at the intersection of Paseo Del Norte and the Carlsbad Premium Outlets Driveway where it intersects with the main project entry on the south side of Parcel B. Through project design, the street system serving the proposed use is adequate to properly handle all traffic that is expected to be generated by the project and all intersections and roadway segments serving the project will operate at acceptable levels of service. The Commercial/Visitor-Serving Overlay Zone requires three additional findings as follows: 5. That the proposed project is adequately designed to accommodate the high percentage of visitor, tourist, and shuttle/bus alternative transportation users anticipated given the proposed use and site location within the overlay zone. The onsite circulation system has been adequately designed to accommodate the flow of traffic without creating conflicts between uses. The project provides the required number of parking spaces to accommodate the proposed uses. The project will enter into a private reciprocal access agreement with the adjacent uses to the south to ensure cross project vehicular circulation. Pedestrian circulation is provided throughout the project to interconnect the three parcels with each other and the public right-of-way, and a separate pedestrian connection is provided from the proposed bus turn-out to Parcel B to ensure safe and efficient pedestrian circulation. 6. That the building form, building colors, and building materials combine to provide an architectural style of development that will add to the objective of high quality architecture and building design within the overlay zone. The buildings have been designed with an alternative architectural design, which is compatible with the other surrounding- buildings within the vicinity. The proposed buildings represent a high quality of architectural design through their use of varied building forms, high quality building materials, and decorative architectural elements. This combination of architectural elements creates a project that is complementary to the surrounding development, and adds to the objective of high quality architecture and building design within the overlay zone. 7. That the project complies with all development and design criteria of the overlay zone As outlined above in Section B, the project meets or exceeds all of the development and design criteria of the overlay zone including, but not limited to parking, screening, building height, building setbacks, building design, and landscaping. CUP 07-037 CDP 07-07 - CARLSBAD PASEO July 16,2008 Page 14 . . . D. Mello II Segment of the Local Coastal Program, and Coastal Resources Protection Overlay Zone (C.M.T. Chapter 21.203) The project site is located within the Mello II Segment of the LCP. The site is also located within and subject to the Coastal Resource Protection Overlay Zone (C.M.C. Chapter 21.203). The project's compliance with these programs and ordinances is discussed below: 1. Mello II Segment of the Local Coastal Program The subject site has an LCP Land Use designation of Travel Service (T-S). The proposed restaurant, two-story commercial retail center, and future restaurant pad uses are appropriate land uses consistent with the T-S Local Coastal Program Land Use designation. The policies of the Mello II Segment also emphasize topics such as preservation of agriculture and scenic resources, protection of environmentally sensitive resources, provision of shoreline access and prevention of geologic instability and erosion. The project is consistent with the LCP Land Use policies as follows: a) there is no historic evidence of agricultural use of the property; b) the development does not obstruct views of the coastline as seen from any public lands or public rights-of-way; c) the project is consistent with the City of Carlsbad's HMP, which has been developed so as to implement and be consistent with all provisions of the LCP; d) the project has been designed to reduce the amount of runoff to the maximum extent practicable, utilizes Low Impact Design (LID), and has been conditioned to implement the National Pollution Discharge Elimination System (NPDES) standards; and e) the site is geologically stable. 2. Coastal Resource Protection Overlay Zone The development is subject to the Coastal Resource Protection Overlay Zone (C.M.C. Chapter 21.203). The Coastal Resource Protection Overlay Zone identifies five areas of protection: a) preservation of steep slopes and vegetation; b) drainage, erosion, sedimentation, habitat; c) landslides and slope instability; d) seismic hazards, and e) floodplain development. The project's compliance with each of these areas of concern is discussed below: a. Preservation of Steep Slopes and Vegetation. The project site is an infill site surrounded entirely by urban land uses and does not contain any steep slopes. Furthermore, a Preliminary Vegetation Assessment (Planning Systems, Inc. on May 16, 2007) was prepared for the project site to determine the presence of any HMP listed sensitive habitat or plant species. No sensitive habitat, plant species, or species of animals listed as rare, threatened, endangered or otherwise sensitive by the U.S. Fish & Wildlife Service (USFWS) or California Department of Fish & Game (CDFG) are present on, or adjacent to the site. b. Drainage, Erosion, Sedimentation, Habitat. A Preliminary Storm Water Management Plan (SWMP) (Aquaterra Engineering Inc., March 19, 2008) was prepared for the project. Project grading has been designed to match the historical drainage pattern of the site. The project incorporates LID features, which promote infiltration of storm water run-off by proposing to minimize impervious surface areas, directing run-off to landscape areas, and proposing a subterranean detention/infiltration "Storm Chamber" system, CUP 07-037 CDP 07-07 - CARLSBAD PASEO July 16,2008 Page 15 . . " which reduces the amount of discharge and velocity of run-off to pre-development levels, and serves as a treamient Best Management Practice (BMP) to attain water quality objectives. The total post development runoff discharging from the site will not significantly exceed the pre-development amounts, and through implementation of the recommended site design and LID features, post construction impacts to water quality will be mitigated to an acceptable level. c. Landslides and Slope Instability. A Geotechnical Engineering Investigation Report (Testing Engineers San Diego, Inc. on September 26, 2006) was prepared for the project. According to the geotechnical report, the project site location has an existing ground elevation of 59 to 62 feet above mean sea level (AMSL), and is generally level with drainage relief to the west. Given the gently sloping topography of the site, and the dense, moderately cemented or cohesive character of the formational materials at shallow depths, the potential for both gross slope stability problems and lurching (i.e., earth movement at right angles to cliff or steep slopes during ground shaking) are considered to be low. No landslides are known to exist on or near the site, and furthermore, the site is not located in the path of any known landslides. d. Seismic Hazards. According to the geotechnical report identified above, the structural site areas are underlain predominately by a very dense formational bedrock, and medium dense to dense artificial fills, which are not considered to be susceptible to liquefaction; the formational and artificial fill materials encountered in exploratory test borings at the foundation levels of the structural pads are not in the loose to medium-dense category typically associated with seismic settlement; and the site is not located in an area of known ground subsidence due to the withdrawal of subsurface fluids. Therefore, the potential for liquefaction and associated ground deformation occurring beneath the structural site area is considered to be low, seismic settlement of unsaturated deposits is not anticipated to affect the proposed structures, and the potential for subsidence occurring at the site due to the withdrawal of oil, gas, or water is considered to be remote. No active or potentially active faults are known to exist on or within the vicinity of the project site. e. Flood Plain Development. The foundation for the lowest portion of structure is located approximately 62.5 ft. AMSL. No new structures or fill are being proposed within any floodplain areas. E. Airport Land Use Compatibility Plan (ALUCP) for McClellan-Palomar Airport The subject site is located approximately 1.9 miles west of the McClellan-Palomar Airport and approximately 270 feet below the surface of the runway. It is located within the Airport Influence Area as identified in the Airport Land Use Compatibility Plan (ALUCP) for the McClellan-Palomar Airport. Furthermore, the site is bisected by the 60 CNEL noise contour, with the southern half of the project site located within the 60 CNEL noise contour, and the northern half located outside. The proposed commercial retail center and restaurant uses fall under Land Use Category No. 8 of the ALUCP Noise/Land Use Compatibility Matrix (Commercial-Retail, Shopping Centers, Restaurants, and Movie Theaters). According to the ALUCP, these uses are considered to be "compatible" with aircraft noise exposures at the site. CUP 07-037 CDP 07-07 - CARLSBAD PASEO July 16, 2008 Page 16 - . . F. Subdivision Ordinance (C.M.C. Title 20) The Engineering Department has reviewed the proposed Tentative Parcel Map and has concluded that the Minor Subdivision (MS 07-02), as conditioned, complies with all the applicable requirements of the Subdivision Map Act and the City's Subdivision Ordinance. All infrastructure improvements including frontage and project-related roadways, and the extension of existing drainage, sewer and water facilities, are being installed concurrent with development. A drainage easement will be dedicated with recordation of the parcel map, and a water easement will be provided by separate document. Reciprocal access and parking easements between adjacent parcels will be provided by separate documents. The Engineering Department will administratively act on Minor Subdivision Map (MS 07-02) subsequent to the City Council's action on the project. G. Growth Management (LFMP Zone 3) The proposed project is located within Local Facilities Management Zone 3 in the northwest quadrant. The impacts on public facilities created by this project and compliance with the adopted performance standards are summarized in Table 3 below: TABLE 3: GROWTH MANAGEMENT FACILITY City Administration Library Wastewater Treatment Capacity Parks Drainage Circulation Fire Open Space Schools - Carlsbad Unified School District Sewer - Carlsbad Municipal Water District Water - Carlsbad Municipal Water District IMPACTS N/A N/A 29EDU N/A 31.5CFS(BasinB) 3,772 ADT Station 4 N/A N/A 29EDU 6,632 GPD COMPLY Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes V.ENVIRONMENTAL REVIEW Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code, staff has conducted an environmental impact assessment to determine if the project could have any potentially significant impact on the environment. The environmental impact assessment identified potentially significant impacts to both noise and transportation/circulation categories, and mitigation measures have been incorporated into the design of the project or have been included as conditions of approval for the project such that all potentially significant impacts have been mitigated to below a level of significance. Consequently, a Notice of Intent to adopt a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) was published in the newspaper for a 30-day public review period from May 20, 2008 to June 19, 2008. Comment letters by the California Native American Heritage Commission (NAHC), dated June 3, 2008, and the California Department of Transportation, dated June 16, 2008 were received during the public CUP 07-03/ CDP 07-07 - CARLSBAD PASEO July 16, 2008 Page 17 . ' review period. Comment letters and staff responses are included as attachments to the back of theMND. ~" ATTACHMENTS: 1. Planning Commission Resolution No. 6435 (Neg. Dec.) 2. Planning Commission Resolution No. 6436 (CUP) 3. Planning Commission Resolution No. 6437 (CDP) 4. Location Map . 5. Background Data Sheet 6. Local Facilities Impacts Assessment Form 7. Disclosure Statement 8. Draft copy of MS 07-02 conditions of approval 9. Reduced Exhibits 10. Full Size Exhibits "A" -"NN" dated July 16,2008 SITEMAP NOT TO SCALE Carlsbad Paseo CUP 07-03/CDP 07-07 BACKGROUND DATA SHEET CASE NO: CUP 07-03/CDP 07-07/MS 07-02 CASE NAME: Carlsbad Paseo APPLICANT: Strategic Property Advisors. Inc. REQUEST AND LOCATION: Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and a recommendation of approval for a Conditional Use Permit and Coastal Development Permit to construct a 7,511 square foot stand alone restaurant, a 44,391 square foot commercial retail center, and a vacant pad for a future stand alone restaurant on a 6.96 acre parcel generally located on the west side of Paseo Del Norte. north of King's Fish House, south of Car Country Drive, and east of the Interstate 5 freeway, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 3. LEGAL DESCRIPTION: Portions of Parcel 2 and 3 of Parcel Map No. 11284. filed in the Office of the County Recorder of San Diego County. May 11, 1981 and Lot 4 of Carlsbad Tract No. 92-7 (Carlsbad Ranch Unit 1 and Unit 2X according to map thereof No. 13078. filed in the Office of the County Recorder of San Diego County. December 28, 1993. all in the City of Carlsbad. County of San Diego. State of California, more particularly described as follows: Beginning at the northeasterly corner of said Parcel 3, said corner being the most northerly corner of said Lot 4, said corner being the point of beginning: thence southerly along the easterly line of said Lot 4. south 22°29'26" east (south 22°29'26" east per said Map No. 13078) 925.00 feet to the beginning of a tangent curve concave northeasterly having a radius of 557.00 feet: thence southeasterly along said curve through a central angle of 11°20'36" a distance of 110.27 feet to a point on said easterly line, a radial through said point bears south 56°Q9'58" west: thence leaving said easterly line south 55°50'26" west 343.71 feet to the westerly line of said Parcel 2: thence northwesterly along the westerly line of said Parcels 2 and 3. north 26°48'03" west (north 26°47'14" west per said Parcel Map 11284) 738.65 feet to an angle point corner of said Parcel 3: thence continuing along said westerly line north 25°12'24" west 300.01 feet (north 25°11'47" west 300.01 feet per said parcel map) to an angle point corner of said parcel map: thence continuing along said westerly line north 26°15'29" west 68.05 feet (north 26°15'48" west 68.03 feet per said parcel map) to the northwest corner of said Parcel 3 of said parcel map: thence easterly along the northerly line of said Parcel 3. north 67°31'12" east 399.93 feet (north 67°31'17" east 400.00 feet per said parcel map) to the point of beginning. Said land is also described as Parcel A in that certain certificate of compliance for adjustment plat, dated October 1. 2002. and recorded October 18. 2002. as Document No. 2002-0913260. Official Records of San Diego County. California. APN: 211-021-30 Acres: 6.96 Proposed No. of Lots/Units: 3 lots GENERAL PLAN AND ZONING Existing Land Use Designation: Travel/Recreation Commercial (T-Rj Proposed Land Use Designation: No Change Density Allowed: N/A Density Proposed: N/A Existing Zone: Commercial Tourist. Qualified Development Overlay (C-T-CO Proposed Zone: No Change Revised 01706 Surrounding Zoning, General Plan and Land Use: Zoning - General Plan Current Land Use Site C-T-Q ~ T-R Vacant North C-2 R Car Dealership South C-T-Q T-R Restaurant East C-2-Q R Commercial West Transportation Corridor Transportation Corridor Interstate 5 Coastal Zone: 153 Yes I I No Local Coastal Program Segment: Mello II Within Appeal Jurisdiction: Q Yes ^ No Coastal Development Permit: £<] Yes £] No Local Coastal Program Amendment: I I Yes IXI No Existing LCP Land Use Designation: TS Proposed LCP Land Use Designation: No Change Existing LCP Zone: C-T-O Proposed LCP Zone: No Change PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 29 EDU ENVIRONMENTAL IMPACT ASSESSMENT I | Categorical Exemption, Mitigated Negative Declaration, issued July 16. 2008 |~1 Certified Environmental Impact Report, dated. D Other, Revised 01/06 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Carlsbad Paseo - CUP 07-03/CDP 07-07/MS 07-02 LOCAL FACILITY MANAGEMENT ZONE: 3 GENERAL PLAN: T-R ZONING: C-T-0 DEVELOPER'S NAME: Strategic Property Advisors. Inc. ADDRESS: 3250 Vista Diego Road. Jamul. CA 91935 PHONE NO.: (619) 669-6688 ASSESSOR'S PARCEL NO.: 211-021-30 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 6.96 acres ESTIMATED COMPLETION DATE: ASAP A. City Administrative Facilities: B. Library: C. Wastewater Treatment Capacity (Calculate with J. Sewer) D. Park: E. Drainage: F. Circulation: G. H. I. J. K. L. Demand in Square Footage = N/A Demand in Square Footage = N/A 29EDU Fire: Open Space: Schools (Carlsbad Unified): Sewer (Carlsbad): Water (Carlsbad): Demand in Acres = Demand in CFS = Identify Drainage Basin = Demand in ADT = Served by Fire Station No. = Acreage Provided = Elementary School = Middle School = High School = Demands in EDU = Demand in GPD = N/A 31.5 CFS Basin "B" 3.772 ADT N/A N/A N/A N/A 29 EDU 6,632 GPD The project does not impact the Growth Management Dwelling unit allowance. 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 ESrorVTDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Corp/Part Strategic Property Advisers, Inc.Person, Title Title Address Address 3250 Vista Diego Rd Jamul, CA 91935 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 publiclv- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person, Title Address Corp/Part CPT/SC Title Holding Corporation Title Address 3250 Vista Diego Rd Jamul, CA 91935 1635 Faraday Avenue » Carlsbad, CA 92008-7314 » (760) 602-4600 • FAX (760) 602-8559 NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust ;Non Profit/Trust Title -Title Address Address Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes IX |No If yes, please indicate person(s):. NOTE: Attach additional sheets if necessary. [that all the above information is true and cofrec7!b\flie best of my knowledge. .We of owner/date _ Signatjtfelof applicant/date Print or type name o owner Print or type r ~r name of* alicapplicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 CERTIFICATE OF AUTHORITY I. Ronald A. Schoen, hereby certify that I am the duly elected and acting Chief Financial Officer and Secretary of each of the following corporations: (i) Carlsbad Properties, Inc.. a California corporation; (ii) Commerce Pointe II Menifee, Inc., a California corporation; (iii) CPT/SC Title Holding Corporation, a California corporation; (iv) Santa Nella Hotel Corporation, a California corporation; (v) SBH Hotel Corporation, a California corporation; (vi) Southwest CPT Holdings, Inc., a California corporation; (vii) The Palm Springs Riviera Hotel and Conference Center, a California corporation; (viii) Valencia Industrial, Inc., a California corporation; (ix) Zeiders Road Business Park, Inc., a California corporation; and (x) 999 Office Building Corporation, a California corporation (each such entity is hereinafter referred to as a "Corporation"): This certificate is being furnished to provide evidence that (i) Strategic Property Advisers, Inc., a California corporation, through its designated officer, Peter G. Aylvvard, its President, is duly authorized to act and represent in the name and on behalf of each Corporation, as Investment Manager (the "Investment Manager"), with respect to managing each Corporation's investment in real and personal property, and furthermore (ii) the Investment Manager is hereby authorized and directed, in the name and on behalf of each Corporation, to execute any and all documents necessary to manage, develop, lease and sell any real or personal property of each Corporation and to make all such arrangements, to do and perform all such acts and things, to execute and deliver all such certificates and other instruments and documents, and to do everything that he may deem necessary, appropriate or desirable in order to implement fully all instructions and intent made by the shareholders, officers and directors of each Corporation. IN WITNESS WHEREOF, the undersigned has executed this certificate this 20th day of February, 2007. Ronald A. SchoeiC Cfiief Financial Officer & Secretary MS 07-02 April 29, 2008 Strategic Property Advisers, Inc. 3250 Vista Diego Road Jamul,CA919 MS 07-02, CARLSBAD PASEO MINOR SUBDIVISION » The City Engineer has made a preliminary decision, pursuantjto Se'ction 20.24.120'a| the City of Carlsbad Municipal Code, to approve the Tentative Parcel Map of the subject minor'subdivision, subject to the conditions listed below. !; ; NOTE: Unless specifically stated in the condition,'sill"pf the following5Conditions, upon the approval of this proposed Tentative Parcel map, must be nje| prior to approval of a Parcel Map, building permit, or grading permit, whichever occurs first 'u General , "'» '' \ : £ ! * 1. 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. ; t'l j 2. This-approval is subject, to the approval and conditions of a Mitigated Negative Dediaration, Conditional Use 'Permit (CUP 07-03), Coastal Development Permit (CDP 3. Developer shall submit to tlje City Engineer, a reproducible 24" x 36", mylar copy of the tentative5'map and a digital copy of said map (in AutoCAD format, latest version) reflecting the conditions1 approved by the final decision making body and any applicable coastal commissidn approvals. The reproducible shall be submitted to the City engineer, reviewed and, if,acceptable, signed by the City's project engineer and project planner prior to submjttal of the building plans, final map, improvement or grading plans, whichever occurs first. The digital file copy shall be submitted in a format as approved by the City Engineer. 4. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements such as storm drain facilities and storm water Best Management Practice facilities, parking lot, sidewalks, etc. located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the . . • MS 07-02 properties within the subdivision. 5. The developer shall provide proof of a recorded private reciprocal access agreement with the adjacent property owner to the South. 6. Developer shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, agents, officers, and representatives, from and against any and all liabilities, losses, damages, demands, claim and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this tentative parcel mapjj(b) City's Approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, including an action filed within the' 'time period specified in Government Code Section 66499.37 and (c) Developer'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* ifiqlds or other energy' waves or emissions. ,, 7. Developer shall install sight distance corridors'ati all street intersections and driveways in accordance with City Engineering Standards!' ' ;!' , 8. Developer shall provide an irrevocable offer of dedication (IOD) to Caltrans for a footing easement strip of approximately 3,810 square feet and for a temporary construction easement strip of approximately 8-^811 square feet for the Caltrans 1-5 North Coast Corridor Project to the satisfaction} of the City Engineer in consultation with Caltrans. The lODii-shalf jinclude language stating that Caltrans shall be responsible for the jreihpval ancT replacement of any existing private improvement to the satisfaction of1 the City Engineer!!^ 1' .ij}'1' •!''«!» !'9. Developer shall apply for and obtain a Right-of Way Permit from Caltrans for any wofk proposed within Caltrans right-of-way.l;";!ii:i!i>, '>''•'Fees/Agreementi < > 1< 10. Developer -shall cause property owner to execute and submit to the City Engineer for recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 11. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement. 12. 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 form provided by the City Engineer. MS 07-02 13. 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 Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, whichever occurs first for this Project. Grading "'„!!.• I" , "'14. 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. Deve1ope|jjshail apply for and obtain a grading permit from the City Engineer prior to issuahce of atbuHding permit for the project. 15. This project requires off site grading. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains,,; records and submits a recorded copy to the City Engineer a grading' .or slope easement'' or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be .issued. Jn that case Developer must either apply for and obtain an amendment of this approval 'or modify the plans so grading will not occur outside the project, ;and apply; for and* obtain a finding of substantial conformance from both the City Engineer and^Ianning Director. 16. Developer shall verify infiltration rate by large-scale infiltration testing at each of the proposed storm water detention/infiltration system locations per the recommendations of the Soil's Engineer.rDeveloper shall provide the design of the drainage systems to the satisfaction of the City Engineer. { ,;" , ij ,t•i ..,, 17. Developer shall comply with1 the City's requirements of the National Pollutant Discharge »•' Elimination System (NPDE|$ permit and the current City's Standard Urban Storm Water Mitigjaiipn Plan (SUSMP)j'peveloper shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management ] ;P,ractices(; Handbook" to reduce surface pollutants to an acceptable level prior to discharge tq!sensitive areas. Plans for such improvements shall be submitted to and subject to the'approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: a. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain 18. - . • MS 07-02 or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. c. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Prior to the issuance of grading permit or building permi^ whichever occurs first, Developer shall submit for City approval a "Storm W.a^Manageiflent Plan (SWMP)." The SWMP shall demonstrate compliance with thd'City of Carlsbad Standard Urban Storm water Mitigation Plan (SUSMP), Order 2007-01 issued'by theiS.an Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid coiatabt or filter saidip^lhidnts from storm water, to the maximum extent practicable, forjthe post-construction] Istage of the project. At a minimum, the SWMP shall: ' • |i-'- a. Identify existing and post-development dn-site pollutants-of-cbncern. b. Identify the hydrologic unit this project contributes t<> arid impaired water bodies that could be impacted by this project. ,' -,1! c. Incorporate Low Impact Development in the project design. •'• ' : '!:• ' d. Recommend source., controls, >and treatment controls that will be implemented with this pfoject.to't'avoid coritaclhpr filter said pollutants from storm water to the maximum*'extent practicable "Kefoteidischarging offsite. e.jj; Establish specific'procedures-for handling spills and routine cleanup. Special , •!$' considerations and'Wort shall be applied to resident education on the proper s( procedures for handling cleanup and disposal of pollutants. f. Ensure long-term Maintenance of all post-construction BMPs in perpetuity. g. Identify (howi; post-construction runoff rates and velocities from the site will not exceed the^pre-construction runoff rates and velocities to the maximum extent practicable. 19. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer receipt of a Notice of Intention from the State Water Resources Control Board. 20. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the - . . • MS 07-02 California Regional Water Quality Control Board and City of Carlsbad Requirements. The "TIER 3 SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. Dedications/Improvements 2 1 . Developer shall cause Owner to make an offer of dedication to the City for i. a. The public water easement shown on the tentittivej parcel pap. )}» i / t,< b. The public street and utility easement for the proposed bus turnout along Paseo Del Norte as shown on the tentative parcel map. >, ' ' '•>* " i'lfl'l'ltifc. The pedestrian access easements for the proposed pedestrian' ramps at the project's north and south driveway entrances along Paseo Del Norte as shown on the tentative parcel map. n> •;! ; ,i* * ''!H<< ''lt!:' ' ' 'The offer shall be made by a certificate on the parcel'map or separate recorded document. All land so offered shall be free and cleat of all liend sttkl encumbrances and without cost I* * If * ' * *to the City. Streets that are already public are not required to be rededicated. t i < j ^ 22. Developer shall cause Owner, Jo; execute coveriantsi, of reciprocal private easements for private access and parking, drainage, storm drain facilities, and best management practices (BMP) facilities for storm water treatment on each Parcel for the benefit of the other tw<* p^rjcels, as shownjion the Tentative Parcel Map. The obligation to execute and' record we.,, covenants oflJreciprbcal private easements shall be shown and* i * J * U* '•»'recording information dalled out on jthe Parcel Map. Developer shall provide City Engineer with proof of recardation prior to issuance of building permit. 23. «'' Devpfofper shall cause the property owner to process, execute and submit to the City Engineer for recordation the!',City's standard deed restriction on the property which relates to the cross-ijtt drainage as shown on the Tentative Parcel Map. The deed restriction shall be in a forrn.acceptablqlo the City Engineer and shall: '',; ''i a. Clearly delineate the limits of the drainage course;i b. State the drainage course is to be maintained in perpetuity by the underlying property owner; and c. State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of public nuisance. • . . • MS 07-02 24. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, foTmaintaining the private easements within the subdivision and all private improvements: paving, sidewalks, parking, street lights, storm water quality treatment BMPs, and stormdrain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 25. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. » v-:ji '>,»« $ l!* ; 26. Drainage systems shall be inspected by the City., Developer 'shallj pay the standard improvement plan check and inspection fees. ;;- '' '• » h 'tf' 'Art'27. The proposed 10'x24' ADA boarding area at the .proposed bus stop 'shown on the tentative map must be moved to the far south end of the ttirnout berth area parallel to the road to the satisfaction of NCTD. ''^ ,« , ! i * i 28. The proposed ADA path that connects to the above mentioned 10'x24' ADA boarding pad must be extended to the; fast to Join tHe new proposed sidewalk to the satisfaction of NCTD. _ 'jj;! ( •" ''ijr'1-" 29. Developer shall execute a City standard Subdjyisiorij .Improvement Agreement to install and secure with appropriate sequrity as provide'q* byjlaw, public improvements shown on the tentative map. These im'pr|)vements include, but are not limited to paving, base, sidewalks, ^curbs-an^'l gutters, grading, clearing and grubbing, under grounding or relocation* Jof utilities'pkejweif^water, fire;hjfdrants, street lights, pedestrian ramps, drainage structures, best management" practices'jfbr storm water treatment, retaining walls. Said improvements shall be installed to City5 Standards to the satisfaction of the City Engineer. More specifically, these improvements include: a. Full half width improvements of Paseo Del Norte, along the project frontage, to secondary arterial standard, including but not limited to driveways, pavingj curb and gutter, sidewalk, stripping, under grounding or relocation of utilities, water & sewer services, drainage structures, all necessary transitions to existing improvements as shown on Tentative Parcel Map. b. Onsite potable water lines and appurtenances as shown on the tentative parcel map. c. Modification of the existing signalized intersection, including traffic signal and stripping, at Paseo Del Norte and Car Country Drive to include the proposed north access driveway of the project as the fourth leg of the intersection. _ MS 07-02 (A list of the above shall be placed on an additional map sheet on the Final Map per the provisions 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 other time as provided in said agreement). 30. Developer shall execute a Traffic Signal Subdivision Improvement Agreement to design and install and post appropriate security as provided by law, a traffic signal constructed to the satisfaction of the City Engineer. The improvements consist of. a. Design and construct a new fully actuated) 1| traffic signal including all appurtenances and traffic signal interconnect conduit and1 cable, at the intersection of Paseo Del Norte and Carlsbad Companjr Store Diivewigf ,at the entryway of the project. Developer acknowledges the necessity of this signal is to serve only this project and Developer will bear all costs .Associated with-the'.design andi«r i *****construction of this signal, if warrants are met, The signal shall be interconnected with adjacent signals to facilitate signal coordination; jj:, ''''.".jt. ,«'' Developer shall post security in accordance withC.M.C. Section*J2Q'. 16.070 for the design and construction of said improvements. jThe traffic,,signal shall sbe installed only when written approval is received by the Cityjlngineer. The,;Agreement shall be kept in force and security kept valid for a period of'5-years after the last building permit has been issued within this Development. '" ! M, •,, i.!f< '31. Developer shall pay a fair-share contribution for the lengthening of the eastbound to northbound left turn pocket at the intersection of Palomar Airport Road and Paseo Del Norte, based on a pro-rata sh^re,equivalent to thirteen percent of the actual cost to the satisfaction of the City Engineer.«" U't i ,> f!ii|! i;i'- !:•Parcel Map Notes -f Slfr ; j*i iiii * *j Add the following notes to the final map as non-mapping data. j ,' 32. All improvements are privately owned and are to be privately maintained with the exception of the'following:'•'-, i'1 > ' a. Full half width improvements of Paseo Del Norte, along the project frontage, to secondary arterial standard, including but not limited to driveways, paving, curb and gutter, sidewalk, stripping, under grounding or relocation of utilities, water & sewer services, drainage structures, all necessary transitions to existing improvements as shown on Tentative Parcel Map. b. Onsite potable water lines and appurtenances as shown on the tentative parcel map. - MS 07-02 c. Modification of the existing signalized intersection, including traffic signal and strippingrat Paseo Del Norte and Car Country Drive to include the proposed north access driveway of the project as the fourth leg of the intersection. 33. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 34. 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 Carlsfesd from any action that may arise through any diversion of waters, the alteration tof the normal flow of surface waters or drainage, or the concentration of surface waters or drainage(,frobi th^ drainage system or other improvements identified in the City approved development-plans; or by the design, construction or maintenance of the drainage system or otner 'ifnprovements identified in the City approved development plans. •'''/,". 35. Geotechnical Caution: '' j, s» a. The owner of this property on behalf of itself and all of its' successors in interest has agreed to hold harmless and,jtodemnifyihe City'of Carlsbad from any action that may arise through any ge^U}gicalMfailures;ground water seepage or land subsidence and subsequent! damage that mav, occur on, or adjacent to, this subdivision due to its construction, operation oil maintenance. 36. No structure, fence, wall, ti;ee, shntf), sign, or other object may be placed or permitted to encroach within the' 'area, identified !as a sight distance corridor as defined by City of Carlsbad Engineering'Standards. <!!)'! '.>>' i Utilities ' ,JM * > * t * ( 37. <<: Priojfjto approval of improvement plans or final map, Developer shall meet with the Fire Marshal'to determine if lire protection measures (fire flows, fire hydrant locations, building1 sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered ;pumic improvements and shall be served by public water mains to the satisfaction of the District Engineer. 38. 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 Authority capacity charge(s) prior to issuance of Building Permits. 39. The Developer shall install potable water and recycled water services and meters at a locations approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 40. The Developer shall install sewer laterals and clean-outs at a location approved by the I o| MS 07-02 District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. " Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: A. The tentative parcel map shall expire two years from the date of approval by the City engineer. ,ji ••> ";• ,i|-^ ,' li'l , ' 5Hi1 .:ji<(B. Developer shall pay the Agua Hedionda Local Drainage Area Fee prior to approval of the Parcel Map. « ;;" M , h, { C. The Average Daily Trips (ADT) and floor area contained iflitfie staff report Hiid shown on the Site Plan are for planning purposes only. Developer:!shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.lGjof the .City of Carlsbad Municipal Code, respectively. The City Engineer has reviewed each of the ejections imp^se<l on the* developer contained in these conditions of approval, and hereby finds]; in this!scase* ifluit the exactions are imposed to mitigate impacts caused by or reasonably (related1 to the| project and the extent and degree of the exaction is in rough proportionality to th& impact caused by the project. 1 \ !! 'I , (!' 'III I If you have any questions, you may! contact Tecla Levy at (760) 602-2733. Robert jf |j|hnson, Jr., PE CityiEngineer'^ by: David A. Hauser, PE {A Deputy City Engineer !|' i * c: Tecla Levy, Assistant Engineer Senior Engineer, Glen Van Peski Project Planner, Jason Goff Fire Department, Gregory Ryan File CARLSBAD PASEO CARLSBAD, CALIFORNIA GENE FONC AS$O CIA T I 5 PROJECT SUMMARY PROJECT TEAM SHEET SCHEDULE BUILDING ADDRESS:5700 PASEO DO. NORTECARLSBAD, CALIFORNIA 92008 ASSESSOR'S PARCEL NO: APN (211-021-30) EXISTING ZONE: c-T-Q EXISTING GENERAL PLAN: T-R EXISTING LAND USE: VACANT PROPOSED LAND USE: RETAIL AND RESTAURANT STORIES: 2 SITE AREA: (303,391.83 ± SF) 6.96 ACRES LANDSCAPED AREA: 92,757 ± SF (30 X) BUILDING AREA: 51.902 ± SF BUILDING COVERAGE: 20X PARKING REQUIRED: PARCEL A - 138 SPACES PARCEL B - 222 SPACESPARCEL C - 162 SPACES OWNERREPRESENTATIVE: BUILDING HEIGHT:5' MAX PARKING PROVIDED: PARCEL A - 136 SPACESPARCEL B - 233 SPACESPARCEL C - 162 SPACES TYPE OF CONSTRUCTION: TYPE V - 1 MR. FULLY SPRtNKLERED. TYPE OF APPLICATION: CODE OF DESIGN: WATER DISTRICT: SEWER DISTRICT: CUP 07-03 COP 07-07 2001 CALIFORNIA BUILDING CODE TITLE 24, PART 2. CALIFORNIAADMINISTRATIVE CODEAMERICAN DISABILITIES ACT2004 CALIFORNIA ELECTRICAL CODE2001 CALIFORNIA PLUMBING CODE 2001 CAUFORNIA MECHANICAL CODE2001 CALIFORNIA FIRE CODE CARLSBAD MUNICIPAL WATER DISTRICT CARLSBAD MUNICIPAL WATER DISTRICT BUILDING DATA: DEVELOPMENTMANAGER: PLANNER/ PROCESSOR: MASTER PLAN ARCHITECT & RETAIL "fl"ARCHITECT: ARCHITECT; RESTAURANT CPT/SC TITLE HOLDINGS CORP. LANDSCAPE533 S. FREMONT AVENUE, 7TH FLR ARCHITECT-LOS ANGELES. CA 90071TEL: (213) 739-8590 STRATEGIC PROPERTY ADVISERS, INC.3250 VISTA DIEGO ROADJAMUL. CA 9 (935CONTACT: PETER C. AYLWARDTEL: («19) 669-6688 CIVILFAX: (619) 669-4844 ENGINEER:EMAIL PETEROSPADVISE.COU PACTEN PARTNERS4529 ANGELES CREST HWTSUITE PH-BLA CANADA. CA 91011CONTACT: UAH HERRHJ.TEL: (888) 832-5863 TRAFFICFAX: (818) 790-0664 ENGINEER:EMAIL MHERRM.OPACTENPARTNERS.COM PLANNING SYSTEMS. INC.1530 FARADAY AVE. SUITE 100 CARLSBAD. CA 92008 CONTACT: PAUL KUJKAS TEL: (760) 931-0780FAX: (760) 931-5744E-MAIL PKLUKASOPLAHNINCSYSTEMS.NET GENE FONG ASSOCIATES1107 GLENDON AVENUELOS ANGELES, CA 90024CONTACT: GENE FONGTEL ( EMAIL ~GF6NGOGFAARCHITECTS.COM LRM LANDSCAPING»»50 WASHINGTON BLVD. CULVER CITY. CA 90232CONTACT: CHARLES ELLIOTTTEL: (310) 839-6600FAX: (310) 559-1310E-MAIL caUOTTOLRMLTD.CO AQUATERRA ENGINEERING1843 CAMPESiNO PLOCEANSIOE. CA 92054CONTACT: GARY UPSKATEL: (760) 439-2802 FAX: (760) 439-2866E-MAIL GUPSKAOCOX.NET ARCHITECTURAL: PA-0.1 COVER SHEETPA- 1.0 MASTER SITE PA- 1.1 MASTER SITEPA- 1.2 MASTER SITE PA-2.0 BUILDING "A" PA-2.1 BUILDING "A" PA-2.2 BUILDING "A" PA-2.3 BUILDING "A"PA-2.4 BUILDING "A"PA-2.4ABUJLDING "A"PA-2.S BUILDING "A"PA-2.5ABUILDING "A* PA-3.0 BUILDING "B"PA-3.1 BUILDING "B" PA-3.2 BUILDING "8" PA-3.J BUILDING "8" PA-3.5ABUILDING "B" PA-3.4 BUILDING "B" GEOTECHNICAL TESTING ENGINEERS -.-..A..»-.-» IN I Af¥U3*TfUMF«ENGINEER-tni.INE.LK.*» LABORATORIES EL (310) 209-7520«: (310) 209-7516MAIL: GFONGOGFAARCHITECTS.C TRAFFIC GENERATION: 1.783 ADT (RESTAURANT USE)1.770 APT (RETAIL USE) 3.553 ADT TOTAL FOOD COURT ALTERNATIVE: 1.783 ADT (RESTAURANT USE).- 1.689 ADT (RETAIL USE) 300 ADT .(FOOD COURT USE) 3.772 ADT TOTAL FITCH15425 N. GREENWAY-HAYOEN LOOP, STE.1OOSCOTTSDALE, AZ 65260CONTACT: ADAM RICKLETEL (480) 998-4200 FAX: (480) 998-77223EMAIL AOAM.RICKLEOflTCH.COU SAN DIEGO, CA 92111CONTACT: LAITH I. NAMIQTEL (858) 715-5800FAX: (858) 715-5810E-MML LAITH.NAMIQOUS.BUREAUVER1TAS.COM MELCHIOR LAND SURVEYOR. INC.5731 PALMER WAY. sum: cCARLSBAD, CA 92010CONTACT: DOUGLAS R. UELCH0R. PISTEL (760) 438-1726 PLAN PLAN W/ TURNING RADIUSPLAN W/ TURNING RADIUS - SITE PLAN- FLOOR PLAN - ROOF PLAN - EXTERIOR ELEVATIONS - EXTERIOR ELEVATIONS - EXTERIOR ELEVATIONS- CONCEPT ELEVATIONS .- CONCEPT ELEVATIONS | - IST FLOOR PLAN L - 2ND FLOOR PLAN & ROOF.'PLAN - EXTERIOR ELEVATIONS - ENLARGED EXTERIOR ELEVATIONS- ENLARGED EXTERIOR ELEVATIONS - CONCEPT BUILDING SECTIONS PC- 1.0 PRELIMINARY GRADING * DRAINAGE PLAN PC-2.0 PRELIMINARY GRADING & DRAINAGE PLAN PC-3.0 PRELIMINARY WET UTILITY PLAN PC-4.0 PRELIMINARY WET UTILITY PLAN PC-5.0 PASEO DEL NORTE SURFACE IMPROVEMENTS PC-6.0 SITE CROSS SECTIONS LANDSCAPE: PL-0.0 LANDSCAPE CONCEPT PLANPL- 1.0 LANDSCAPE CONCEPT PLAN-1.0A LANDSCAPE PLANTING PLAN (PARCEL A)-1.1 LANDSCAPE CONSTRUCTION PLAN (PARCEL A)-1.2 LANDSCAPE CONSTRUCTION PLAN (PARCEL B)-1.3 LANDSCAPE CONSTRUCTION PLAN (PARCEL C) -2.0 LANDSCAPE CONCEPT DETAILS-2.1 LANDSCAPE CONCEPT DETAILS -2.2 LANDSCAPE CONCEPT DETAILS-2.3 LANDSCAPE CONCEPT DETAILS-2.4 LANDSCAPE KEY PLAN, NOTES. AM) LEGENDS-2.5 LANDSCAPE PLANTING PLAN (PARCEL A)-2.6 LANDSCAPE PLANTING PLAN (PARCEL B)-2.7 LANDSCAPE PLANTING PLAN (PARCEL C)-2.8 LANDSCAPE WATER USE-2.9 LANDSCAPE DETAILS CARLSBAD .PASEO 5700'PASEO DEL NORTE CARLSBAD, CA 92008 OWNER REPRESENTATIVE: I STRATEGIC PROPERTY ADVISERS. INC. CUP/COP SUSMTTAL TWO SUBUTM. FOUH1H SUMtUL LEGAL DESCRIPTION:PORTDHS OF PARCEL 2 AND 3 Of PARCEL MAP NO. 11244.FILED W THE OFFICE OF THE COUNTY RECORDER OF SAN Dt£00 COUNTY. MAY 11. 19*1 AND LOT 4 OF CARLSBAD TRACT HO. «-7 (CARLSBAD RANCH UMT 1 AND UMT 2) . ACCORDING TOMAP THEREOF NO. 13078, FLED N THE OFFICE OF THE COUNTY RECORDER OF SAN DCOO COUNTY. DECEMBER M. 1B9J. ALL IN THE CITY OF CARLSBAD. COUNTY OF SAN DKOO, STATE OF CAUFOMNM, MORE PARTICULARLY OCSCRKO AS FOLLOWS: BECMNMC AT THE NORTHEASTERLY CORNER OF SAID PARCEL }. SAD CORNER BEMG THE MOST NORTHERLY CORNER Of SAD. SOUTHERLY ALONG THE EASTERLY LMC 27»'20M EAST ' I* OOI PER SAID MAP NO.MAP NO. 13076) WS.OO CUR* COHCAvg Of 537.00 FEET; THENCE FEET. „ ,* omen* somHWElft ALottS»D*CW«"TH»UOH A~dENnSrANGLE OF nO'M' A DSTANCE Of 110J7 FEET TO A POMT ON SADEASTERLY LME. A RAOW. THROUGH SAB POINT BEARS SOUTH SffOI'W WEST; THENCE LEXMNG SAD EASTERLY LME SOUTH SS'WW WEST 341.71 FHT TO THE WESTERLY LME OF SADPARCEL fc THENCE NORTHWESTERLY ALONG THE WESTERLY LME OF SAD PARCELS I AND 3, NORTH 2C4»'W WEST (NORTH 2ff4r)4* WEST PER SAU PARCEL MAP 112*4} T3MS FEET TOAN MMIE POMT OORKR Of SAD PMCEL * THENCE COMnNUMO ALONB SAD WESTERLY UNE NORTH 3StZ't4' WEST 300.0) FEET <NORTH 2901 t'4f WEST 300.01 FEET PER SAD PARCEL MAP) TO AN ANGLE POMT CORNER OF SAU PMCELMAP; THENCE CONTMUMG ALONG SAD WESTERLY UNE NORTH W1J-29' WEST HJ» FEET (NORTH Wt»'4«' WEST M-03 FEET _£ OF SAID PMCEL i, NORTH W3\'W" EAST 3M.M FEET AMRTH Sr31')7* EAST 400.00 FEET PER SAJD PARCEL HAP) TO THE POMT OF BEONNMO. SAD LAND S ALSO DESCRKD AS PARCEL A W THAT CERTAMCQEmCATE OF OOHPUWCE FDR ADJUSTMENT PLAT. DATED R IS. 2002. AS VICINITY MAP OVERALL SITE PLAN SITE 5700 PASCO DEL NORTE COVER SHEET CUP-07-W/CW 07-07 PRELJMINARr DESIGN PA-0.1 CARLSBAD ,PASEO PARCEL A PARCEL B PARCEL C PARCEL A SITE AREA CALC. BUM-DtJG AREA j^LC RESTAURANT BWLDMG OUTDOOR DtMHO THE arr or CMUBAD ALUMS i PMMNCSHU. FOR EVERT 100 SF OF RESTAURANTSPACE FOR IP TO 2000 SF. I STAli PER 90SF IS RCQLMEO BEYOND 2000 SF. OUTDOORDMMG REQUMfO t STALL, KR 100 9. PARCEL B SITE AREA CALC. 1ST 1,000 V f 100 SF " NEXT S.SI1 SF / 30 SF - OUTDOOR DUWCHi SF / 100 SF • THE Cm OF CMLSBW ALLOWS 1fMMNO STALL FOR EVERT 200SF OF RETAI. SPACE. TOTAL BUUMNO AREA SF DMOEO BT (1ST FLOOR AREA + 2ND FLOOR AREA)/100 SF H906 SF •*• 21.487 SF - 44JS1 SF 44.3»l SF/aOO SF _ ?22 SPACES TOTAL PARNNG RCO'O -TOTAL FARKMG REDD - !H (22I.M) COMPACT SPACES - TOTAL PARKING PROVIDED - K Of COUPACT SPACES - RETAIL ALTERMTE USE: 20 EXTRA CAR SPACES - 2,000 SFRESWMANT AT 1:100 SF OF RCSAREA FOR UP TO 1000 SF AREA PARCEL C (NOT A PART) SITE ARK CALC. BIHUMNQ AREA CALC. RESTAURANT auUNNB OUTDOOR DMN6 OUT DOOR C PABKIMS SPACES CALC. 1ST 2400 SF / 100 - TJ.D. AOOmONAL SF / M - T.B.D. OUTDOOR DMHOSF / 100 SF - 1-»A X OF COMPACT SPMXS - 25 X 57001 PASEO DEL NORTE CARLSBAD. CA 92008 OWNER REPRESENTATIVE: STRATEGIC PROPERTY ADVISERS, INC. CUP/COP SUMTIAL FTTH SUBMITM. MASTER SITE PUN PRELIMINARY DESIGN PA-1.0 SITE PLAN SITE PLAN WITH CLOCKWISE TURNING RADIUS GENE FONCAlfOCIAIIf 5700 'PASEO DEL NT' CARLSMD. CA STRATEGIC PROPERTYADVISERS, INC. MASTER SITL PLAN W/ TURNING RADIUS PA-1.1 SITE PLAN WITH COUNTER-CLOCKWISE TURNING RADIUS GENE FONGJ CL I CARLSBAD PASEO 5700 PASEO DEL HO»IE CAUSMD. CA r STRATEGIC ,PROPERTYADVISERS. INC. MASTER SI PUN W/ TURNING RADIUS «ur-n-a/a* n-w V»/oe PROIMNARr DESIGN PA-1.2 PARCEL A HIE MfA CU£. so. FT. S1E MEA fl»,701,7a A BUmmC «Bt« IMJC. PARKINS Sf ACES C 1ST 2.000 Sf / tOO SF " 10 NEXT B^ll 6f / M SF - lit W3 SF / tOO JF - 7 TDM. PAflKM) KEQV - 1M - 10? 31 ) - IM X OF COURACT SPACES - 22 X (9 PASEODELNORIE CARLSBAD, CA PROJECT ffPFC-07-003 I O ilk tt ii CUP-07-03/CDP 07-07 »-..""-"PA.2.0 15 sf II §< PASEODEtNORTE CARLSBAD, CA PROJECT SPFC-07-003 u •i^HMBHB b. CUP-07-03/CDP 07-07 :PA-2.1 WALL SIGN IB §6 03si 3 '-5 PASEODELNORTE CARLSBAD, CA PROJECT #PFC07-003 U c it iiii CUP-07-03/CDP 07-07 z±:PA-2.2 SIGNATURE HORSESTATUE ON PCOESTM- SIGNAIIK HORSE STATUE ON PEOESH.J SSJ;™*01 BWtta£ Ltf SDWCi—=TI " Tff,_ED pMJi I 1 7 1 'aSt** ^™ONT ENIRYLgS!gFB1 Wl SSS ^117 SHNUC HORSE IimP OASSOOORS ^j™1- ^fm STATUE ON PEOESTAvJ NORTHEAST ELEVATION ^T^ PASEODELNORTE CARLSBAD, CA PROJECT #PFC-07-003 IS P.P. CHANG'S CHINA BISTRO PASEO DEL NORTH CARLSBAD, CA *=£ PA-2-3 o \—gm—'- CEMENT PIASTER (STUCCO) FINISH TYP. CEMENT PIASTER (STUCCO) RMSH TVP. SOUTHWEST ELEVATION ff-Ojt,i to. rtw EH SOUTHEAST ELEVATION/^ ^* 5 PASEODEINORTE CARLSBAD, CA PROJECT #PFC-07-003 £ Z {.! 33is ul! P.P. CHANG'S CHINA BISTRO PASEO DEL NORTE CAKLSBAD, CA PA-2.4 *rt~Q'i-oot *t# a i. « ?•_ T?_r"^ !*!?•-.r?*E*!t !"• IETAL PAH) CWER EH] SKMATURE HORSESTATUE ON PEOCSTAL 1.0. ri NORTHWEST ELEVATION PATH IUUK AND CANOFt PAINT fTTH COLOR: SW2030 SANOESUNO| p" 1 (FLASHING ABOVE EXTERIOR STONE AND SLATE) rrri COLOR: swooos EASTLAKE GOLO 1 plz 1 (EXTERIOR) [777] COLOR: SW6159 HIGH TEA I pu I (EXTERIOR 4 MURAL SOFHT) rTTTI COLOR: SW2293 BRYCE ROSE •I PH I (EXTERIOR PAINT) rrnn COLOR: SW6104 KAfTEE I pl5 1 (EXTERIOR PAINT) FT— 1 COLOR: SW6041 OTTER 1 pl° 1 (EXTERIOR PAINT) STONE [-— I STONE VENEER1 s" | MFR: DA1.-TILE ITEM: IUEXWARE SPLIT FACE STONE CONTACT: DAVE CROLY (925) 356-2323 COLOR: SAND BEIGE SIZE: 3/8" X 8" X 4' - 24" RANDOM LENGTHS NOTE: STONE VENEER TO BE INSTALLED PER MANUFACTURER'S 4 MAPS SPECS G.C. TO COORDINATE WITH MFR. ON ONSITE INSPECTION DURING INSTALLATION. H SLATE TILE MFR: AMERICAN SLATE CONTACT: BUI SIMMS (800) 553-5611 COLOR: CALIFORNIA- GOLD SLATE SIZE: 12" X 12". THICKNESS: 3/8" NOTE: TO BE USED WITH STONE SEALER TILE H TILE - SACK OF ENTRY SIGN MFR: TREND CONTACT: JAMIE AYERS at STONE SOURCE (312)970-5662 SIZE: 6" X 12* STAGGERED JOINT COLOR: 976 STYLE: KARMA THICKNESS: 3/16" PASEODELNORTE CARLSBAD, CA PROJECT #PFC-07-003 P.P. CHANG'S CHINA BISTRO PASEO DEL NOKTE CARLSBAD. CA PfG-ei-00* to el :3 NORTHEAST ELEVATION _ 22' -6' {%. 1.0 TOWER V SOUTHEAST ELEVATION PA-2.5 PASEO DEL NORTE CARLSBAD, CALIFORNIA COPY v-r TO. PARAPET jb JO'-Q""V r.blMRAPtr" _ _' T.O. COVERED SEfftlCE Y*hO PAHAPO Jb.-?^ ^^ 10 CONCRETE StA8/TO. FF SOUTHWEST ELEVATION NORTHWEST ELEVATION PASEO DEL NORTE CARLSBAD, CALIFORNIA PA-2.5a 7 57DO PASEO DEL NORTt CMLSUD. U I STRATEGIC PROPERTY ADVISERS, INC. BUILDING "B 1ST FLOOR PLAN PDD.IHHWY DESBH PA-3.0 GROUND FLOOR PLAN srne OAT MOT GENE FONCA 1 IBCI A III CARLSBAD PASEO 57M PASEO PEL NPRIEUILSUO. C* ' STRATEGIC PROPERTYADVISERS, INC. ROOF PLAN BUILDING 2ND FLOOR .. & ROOF PLAN PROAMHRY DESIGN PA-3.1 SECOND FLOOR PLAN CARLSBAD PASEO 5700 PASEO DEL NORTE CARLSBAD. CA 92008 WEST ELEVATION (INTERSTATE 5) MATERIALS, LEGEND-TYPICAL: [Pl-l| "SANDSTONE* XX-86 AS MANF. BY LAHASRA [n-T\ MEJO" XK-75 s MANF. BY LAHABRA [ja-T) 'COLORADO TRAIL' DE6117 AS MANF. BY DUNN EDWARDS [p-jj "SANDPfT* DE6118 AS MANF. BY DUNN EDWARDS \P-Y\ "NEUTRAL VALLEY" DE6119 AS MANF. BY DUNN EDWARDS fpM"l "ROYAL PALM" DE6726 AS MANF. BY DUNN EDWARDS f P-S 1 WOOD STAIN |708 AS MANF. BY OLYMPIC STAIN [P-Bj 'GEORGIA CLAY" DCSIS1 AS UANF. BY DUNN EDWARDS IAW-I] TERRACOTTA 4622 AS MANF. BY SUNBRELLA frm.-t] ANTIQUE COPPER-COTE AS MANF. BY BERRIDGE f'c-ri LOW '£' 1/4" CLFAP fcr^T] MISSION STYLE CLAY ROOF TILE STRATEGIC PROPERTY ADVISERS, INC. SOUTH ELEVATION NORTH ELEVATION LEGEND BUILDING "B" EXTERIOR ELEVATIONS PRELIMINARY DESIGN PA-3.2 EAST ELEVATION (PASEO DEL NORTE) CARLSBAD PASEO 5700 PASEO DEL NORTE CARLSBAD. CA 92008 STRATEGIC PROPERTY ADVISERS, INC. BUILDING "B" ENLARGED EXTERIOR ELEVATIONS PRELIMINARY DESIGN PA-3.3A o .-!) WITH PUS1ER FIN. i^rrr; —WOOD SIDINGearn (p-3)PL-2) CARLSBAD PASEO 5700 PASEO DEL NORTE CARLSBAD. CA 92006 STRATEGIC PROPERTY ADVISERS, INC. GATE DETAIL SECTION-SOUTH SECTION-NORTH BUILDING "B CONCEPT SECTIONS OJP-07-OVCW OJ-07 PRELIMINART DESIGN PA-3.4 SECTIONS-EAST (PASEO DEL NORTE) .SITE CARLSBAD PASEO CUP 07-O3, CDP 07-07 VICINITY MAP £ENERALJ!QTES I) SITE AREA. 6.96 AC. 8) GENERAL PLAN DESIGNATION T-R 3) ZONING' EXISTING C-T-0, NO CHANGE PROPOSED 4> LAND USE OVERLAY iDMEi COASTAL ZONE 5> LAND USE OVERLAY ZONE- COMMERCIAL /VIS I TOR- SERVICES IMPERVIOUS AREA TABLE PROPOSED IMPERVIOUS AREA (PAVEMENT* M7JI5 SJ. PROPOSED IMPERVIOUS AREA (BUILDING* 51,90? ST. TOTAL' 839,217 S.F. UTILITY SERVICE REQUIR£M£NIS 1) SEVER. 5I.9W S.F. X ?£0 GAL/IBOO S.r.-MY * 6344 GAL/DAY v^ S3.PW «"BI GAL/S/.-DAY x W/^S - MS/ IC GENERATION <FODD COURT RESTURANTSi 1783 ADTRETATLi 16OT AUT FODD COST. 300 ABT TOTAL. 3772 ADT "\\PRELIMINARY DEVELOPMENT PLA/V—i ELEVATION, FINISH SURFACED.ELEVATION. FINISH GRADEELEVATION. TOP OF GRATE-ELEVATION HIGH POINTELEVATION, LOW POINTELEVATION. FLOW UNE PROPOSED GRADES (ELEVATION) EXISTING PROPERTY LINE D RIGHT OT WAY 3SED ACCESS EASEMENT PROPOSED RIP RAP SLOPE f PROPOSED CONCRETE C FOR WATER. SEWER AND STORW DRAINAGE IMPROVEMENTS SEE SHfET PC-3.0 AND PC-4.0 FOR SURFACE IMPROVEMENTS N PASEO DEL NORTE SEE SHEET PC-5.0 CONSTRUCTION LEGEND FOR SURFACE IMPROVEMENTS (D MID TlPE MNFUY Kft CMWO SID. OK. CS-JO © CCKREIE on rot SIUUA w e-i (f) ffw*re) (?) PfDRKVN UF (FDMOF) ©WIKD (?) OEfPG fW HfflWHT TO BE fiEWMB @ \Kttttt RE1IHMG WL PEP S.OASJ) C-4 (TTPE 4) @ KFUX W ENOOSWE PER OWSMD SKI, OK CS-IR fTlPE B). KDFID TOfi IHFJOi Mill CIA. ENOKtRJNi; ' LAW PUWMMC Engineering Inc.. 1843 Campe»ino Place>Oc*aJisfde. CA 92054TeJe. f7«)J 43O-SSOSF.I fTHO) 439-M9S PROfTlX: 6' X S' CONCRSTf BOX CULVERT JWLEi «*?, F'W, VftT. l'«3T WATTK QUALITY NOTE THE PROPOSED TREATMENT BHP'S FOR THIS PROJECT ARE'1) UNDERGROUND STORAGE TUBES <STORH CHAMBER) FARTHWORK QUANTITIES^ ^ EXCAVATION (RAW): .. . S431.C.Y.EMBANKMENT (RAW): - 13864 C.Y. PAVEMENT SECTION (1!"): 767B C.Y. STORAGE TUBE DISPLACEMENT 4826-C.Y. TOTALS' 14935 C.Y. . . 13864 C.Y. . . EXPORT: . . 1071 C.Y. REMEDWi GRADING: 4670 C.Y. APPLICATION DESCRIPTION THIS EXHIBIT IS TO ACCOMPANY AN APPLICATION FOR A CONDITIONAL USEPERMIT, COASTAL BtVELDPHENT PERMIT AND SUBDIVISION MAP RELATEDTO A RETAIL AND RESTAURANT PROJECT. LEGAL DESCRIPTION PORTION OF PARCEL ~P AND PARCEL 3, PARCEL MAP NO. j!M4. RECORDED MAY II 1981 AW) LOT 4, CARLSBAD TRACT NO. 92-7 PER HAP 13079, RECORDED DECEMBER S8. 1993. ALL W THE CITY OF CARLSBAD, COUNTY 01 ESTATE OF CALIFORNIA AND BOUNDARY ADJUSTMENT NO. 02-0 SOURCE OF TOPOGRAPHY TOPOGRAPHY SHOWN ON THESE PLANS WAS GENERATED BY FIELD SURV METHODS FROM INFORMATION GATHERED ON, APRIL, EOOO BY MELCHIOR LAND SURVEYING. TOPOGRAPHY SHDVN HEREDN CONFORMS TO NATIONAL MAP ACCURACY STANDARDS. VATER- CARLSBAD MUNICIPAL WATER DISTRICT (760-430-272S)SEVER' CARLSBAD MUNICIPAL WATER DISTRICT <760-438-27eS>SCHOOL' CARLSBAD UNIFIED SCHOOL DISTRICT (760-739-9W1) Cos "ANGELES, CA 90071TELEi 213-739-9377 AOUATCRRA ENGINEERING IIB43 CAMPESWO PLACEDCEANSIKC, CA 980S4TELD 760-439-2808 *CE ?3080 EXPIRES 18/31/M GENE FONGSSOCIATtS CARLSBAD PASEO 5700 PASEO DEL NORTt CARLSBAD, « 92008 STRATEGICPROPERTY ADVISERS. INC. A PRELIMINARY GRADING AND DRAINAGE PLAN 4/30/08 PREUMINARY DESIGN PC-1.0 CAKLShlAU CUP 07-O3, CDP O7-07 z ^==±=^^^ff&^^i££=Z&r SYMBOL LEGEND- PRELIMINARY DEVELOPMENT PLAN SCALE: T-30' FOR WATER SEWER AND STORM DRAINAGE IMPROVEMENTS SEE SHEET PC-3.0 AND PC-4.0 FOR SlfflFACE IMPROVEMENTS W PASEO DEL NORTE SEE SHEET PC-5.0 FINISH SURFACE- FWISH GRADETOP OF GRATE EIEVATON, LOW PONT ELEVATION. FLOW UNE ELEVATOW. PAVEMENT CONSTRUCTION LEGEND FOR SURFACE IMPROVEMENTS © HIR m niMwr ra cnuw STD nt;. ts-» 0 WMCTPE CUW KB SO*Sfl. ». 6-t (61) (PKM1E) (T) mcsnwinuip (P«MTE) (S) HOFtBHt (f) DETWC Rtt mmVfl 10 K MMMD O OTCFETC nmott wnw © WSOHKI HETWMG WU PER &D.H.S.O. C-4 (TIPE 4) tg) ROUST m rwiosux pa cwua« STD we is-ie (me a), yoom m mom nun SYMBOL LEGEND EXISTING CONTOURS PRDPOSCD CONTOURS — EXISTING GRADES (ELEVATION) PROPOSED GRADES <ELXV! EXISTING PROPERTY LIME PROPOSED RIGHT OF WAY PROPOSED ACCESS EASEMENT PROPOSED RIP RAP SLOPE PRO' PROPOSED CONCRETE CHANNEL ENE FONG SSOCIATES CARLSBAD PASEO 5700 PASEO DEL NORTE CARLSBAD. CA 92008 OWNER REPRESENTATIVE: STRATEGICPROPERTY ADVISERS, INC. IP/COP S11BMITT»L PRELIMINARY GRADING AND DRAINAGE PUN 4/30/08 PRELIMINARY DESIGN PC-2.0 ICALTBAHS MJTEi | UlL VDRK UI1HW TtE FREEWAY SIGHT GT DIVAY SHALL »E REVIVED I* CM.IRM6 AMD||IAMB EHCPOACUCMT pom isact ^^ 1 PASEO Cl/P 07-03, CDF 07-07 RCOMCMn WS1HLUTIW IFTOt SUM VATtR KAWOMN1 UWER PAVEKKTUTOVOEI US AM urSTRATEB EXWLE MY) JSTORMCHAMBER STANDARD DETAILS NO SCM.E 1—I 11 r PRELIMINARY WET UTILITY PLAN SYMBOL LEGEND , CML DKHEERIHG ' IAK) PUNNING? Engineering Inc. ^ Jfl43 Campesino Place>Ocean»Jde, CA P2054- _ . _ F WALLELEVATION, TOP OF CURB_ QEVATION. FIMSH ROOBOEVATtON. FINISH SURFACE — aEVATWN, FINISH GRADtE1EVATWM. TOP OF CRATE- ELEVATION, MICH POINTELEVATION. LOW POIMT EXEVATKW. FLOW LINE SYMBOL LEGEND EXISTING CUNTOUPS PBOPDSEB COMTOURS EXISTING GfiABfS <ELEVI PROPOSED GRADES (E.LEVAT!DM> 7D-1(> \ PROPOSED DRAINAGE PIPE "• ' PROPOSED CATCH BASIN &^ PROPOSED RIBBON GUTTER -^r^=T^==^=^ D UNJEWmWD STORM VATtR SHRMJE TUKS [ WET UTILITY LEGEND ® rancKETE ISAINUGE: CHAWO. K* S.DASJI o-7i ® EXtSTtIC SEVER LATERAL (SIZE LWWJVW ^) IttK FLDV PBEVOITER ASSEWLY <D) CISC HVWWT <E) EXISTWG FBK KYBRANT TO K OEHOVEr ® EXTSTIMi VAIEB StRVICt (SIZE LWMMO (T} STT»t WttlMWE PBF-TBEATICNT Mtt C) «TCH MSIN VIIH TDSSIL ft£L riTEIf WSEBT (PRTVATD ® PVC WA1NAGE PIPE 0?' «1H SM> (PRIVATE) ® 6' X 3' CONCRETE MIX CULVERT Pd) U.U.B. D-7CA 1 D-7E1 CPUIL1 <X> CWNETT nw: 10- «m K is' EKTSTTMG PVC PIPES TO SBEVW.L OF ® CONCRETE VWG TYPE *AHV»iL 0 IKBERBKMffl STDRM VATES STORAGE TUBES (SEE STAWARB KTAHS OK StCEt PC-3.lt) rf rox cmvi ENGINEER OF WORK: AOUATERRA FXGINCERING INC. 1843 CWPESINO PLACEDCCANSIBC, CA 95054 TELE' 760-439-SB03 GARY ..U*•/.IPSKA RCE 23080 EXPIRES 13/3 GENE FONG ASSOCIATES CARLSBAD PASEO 5700 PASEO DEL KORTE CARLSBAD, CA 92008 OWMER REPRESENTMIVt: STRATEGIC PROPERTY ADVISERS, INC. A A A 5 PRELIMINARY WET UTILITY PLAN 4/30/OB PRfLIUIHARY DESIGN PC-3.0 PRELIM/NARY WET UTILITY PLAN ^SYMBOL LEGEND EXISTING CONTOURS («)- - - , CM. ENGWEFRJHG • LAND PtANMNC .... 3 Engineering Inc. . 1B43 Campestno PlaceSQceanside. CA 9SOS4 <M> CONCRETE DRAINAGE CHtHfL PER SMiR 0-71 ® EXISTING SEVER LATERAL (SlZt LWMMO © BACK aiN PREVENTER ASSEWLT ^D FIRE HYIRANT <E) EXISTING FIRE HYDRANT TO K REWVEB <S) EXISTING VATER SOtVlCE (SITE UMCVN) (D STORM DMIHAGE PRE-TREATNEHT KK ® CATCH MSW VTTH msn. net PLTW WSERT (PKIVATE) <S) PVC KABMGE PIPE (If HTM. DM) (PnVATD ® 6' X S- CONOTTE KK CULVEtHf PER SJUiiD, D-76A t B-76D {PUJLlC) ® CWHECT Ot W AW1BC 15' EXISIM PVC PIPES TO SIDEtfAU rT NEV MX CULVERT ® CONCTETE VWG TYPE HEMWALL 0 UKDERGROUNB STORM VATER STORAGE TUKS (SEE ST«MMRS KTA1S ON SHEET PC-MI (PRIVATE) PROPOSED CONTOURS <5 EXISTING GRADES (ELEVATION) 77D.1HT\ PROPOSED GRADES (ELEVATION) 7BHr\ PROPOSED BRAIMAGE PIPE w- — PROPOSED CATCH BASIN ^^ PROPOSED RIBBON GUTTER r .^rrT.-— ==-^ PRTPOSU UNKmRtUHB STORM VATER STORAGE TUBES C SYMBOL LEGEND WT1ON. TOP OF STRUCT1_VATli». TOP OF WALL _ELEVATION. TOP OF CURB-ELEVATION, FINISH FLOORELEVATBN. FINISH SLWFACE^.ELEVATION, FINISH GRADEELEVATION, TOP OF GRATE_ELEVATION, HIGH POINTELEVATION. LOW POINTELEVATION. ROW LINE FNGINF.ER OF WORK: AQUATERRA ENGINEERING INC.16*3 CAMPESINO PLACE TELE' 760-439-5902 £RCE 23080 EXPIRES 12/31/09 CARLSBAD PASEO 5700 PASEO DEL NORTC CARLSBAD. CA 92008 WNER REPRESENTATIVE! STRATEGIC PROPERTY ADVISERS, INC. ^ 1/25/0' TUP/CUP SUBUinni-& /s PRELIMINARY WETUTILITY PLAN 4/30/08 PRELIMINARY DESIGN PC-4.0 CARLSBAD PASEO CUP O7-03, CDP 07-07 PASEO DEL NORTE PASEO DEL NORTE: SURFACE IMPROVEMENTS ~ __ - ..——--— PASEO DEL NOfiTE ~~ odszl PASEO DEL NORTE: SURFACE IMPROVEMENTS SCALE: T-30' SYMBOL LEGEND ELEVATON: TOP OF WAIJ.,^.E._. .nT Seol»i ]' ' , CML OtGICERNG • LAM) PLANNING line.. 1B43 Caiapesino P/aee>OceansJde. CA OS054Ttl«: (780) 439-eeOZr*x- (7«o) 430-zeae ELEVATKW, RWSH SURTACE-ELEVATION. FINISH GRADEEIEVATKW. TOP Of GRATE ELEVAT1OM. HIGH POINT ELEVATION. LOW POINT _ ELEVATION. fLOW LINE FNC.INFFR OF WORK: AOUATERRA ENG1MECPING INC. h SUPERVISION D TELEi 760-439-Ef GARYAIPSKA RCt B3080 EXPIRES 13/3 GENE FONG ASSOCIATES CARLSBAD PASEO 5700 PASEO DEI NOSTC CARLSBAD, CA 92008 STRATEGIC PROPERTY ADVISERS, INC. PASEO DEL NORTE IMPR«TS 4/30/08 PRCUUfNARY DESIGN PC-5.0 SECTION T-T (PARCEL B) LKiTCU SH SH07 K-I.O *M> K-l. GENE FONG ASSOCIATES CARLSBAD PASEO 5700 PASCO Otl NOBTC CARISBAD, CA B2008 OWNER REPRESDJTATn/E: STRATEGIC PROPERTY ADVISERS, INC. roe loaam srt stnec-io u® PC-I.O m uxam set sum PC-IJI mo K-I.O SECTION V-V (PARCEL C)SECTION S-S (PARCEL B) SECTION U-U (PARCEL B) /Off LOCATION SfF StfCT PC-1.0 MD PC-2.Q FOR LOCAJKN SFF SHFFT PC-1.0 WO PC-2.0 SECTION R-R (PARCEL A) SITE CROSS SECTIONS PRELIMINARY DESKSN . 1343 Campesi>Oce«nsid«, CXtwe; (no) 439-eaoe' Fur (760) 439-eeSS ENGINEER OF WORK: AOUATERPft ENGINECRtMG INC.1B43 CAHPCSINO PLACE DCEaNSIBE, C» 93054TELEi 760-439-8505 OARr UPSKA RCE 23080 EXPIRCS IB/31/09 PC-6.0 SYMBOL O ' O O DESCRIPTION VERTICAL ACCENT PALMS PHOEMX CANARIENSISfCAJWfty ISIANO DATE PALMPHOENIX OACTYLTFERA/MrfPAtU .WASHNGTONIA ROBUST A/MEMCAM FAN PALM VERTICAL ACCENT TREE OPTIONS MELALEUCA QUINOU6NERVIA/P-IPF»MR< TREE PINUS CANARIENStS/CAW^RV ISLAND WWf KOEtREUTERIA BPINNATAJCTWESE FLAUf TREE JACARANOA UIMOSIFOLIA/MCJUMMO4 PARKING LOT AND FRONTAGE SHADE TREE OPTIONS QUERCUS AGRIFOLIATCOASr IfVF OAK TIPUANA TIPU/IWU TRCE ULMUSPARVTFOLIA/CHWeSE EVEflGREEVEtW SPECIMEN CAHOPY TREE OPTIONS ERYTHRINA KAFFRA/COft« TRfC ULMUS PARWOLIATCHWeSE SVERGWEN ElU SIZE M'BTH J4-6OX 24- BOX W BOX QUANTITY it M 134 1 NOTE: ALL TREES TO BE PLANTED WITH A ROOT BARRIER LEGEND SHOWN FOR REFERENCE ONLY SEE SHEET PL-2.4 FOR PLANTING PLANS AND CALCULATIONS CARLSBAD PASEO 5700 PASEO DEL NORTE CARLSBAD, CA 92008 STRATEGIC PROPERTY ADVISERS, INC. " ••. LANDSCAPE CONCEPT PLAN = 40'-o" PRELIMINARY DESIGN CUP 07-03/CDP 07-07 PL-0.0 PAVING SCHEDULE PATTERN SYMBOL <ss>Dtxr w PUCC cotintnt MANUFACTURER WTURALGKEVMHOOil GENE FONGASSOCIATES CARLSBAD PASEO 5700 PJSEO DEL HORTC CARISBAD. CA 9Z008 OWIER RtrftSENMIW: STRATEGIC PROPERTY ADVISERS, INC. LANDSCAPE CONCEPT PLAN SEE SHEET 4/30/08 CUP 07-03/CDP 07-07 PL-1.0 PLANT MATERIAL KEY AND SCHEDULE OF SIZES S^JBOL BOTAMC WXg COMMON H*KE 3CE JACAOJ .WCAflANOA VESIMOUS1 RHAPHOLEPB MAJESTC STANDARD WCHA B OH. BfiAL/TY HAWTHORN AZALEA K CORAL MJRWE AZALEA 5 OH.BELLS' CEANOTHLS CONCH*1 WLD LIAC 6 OW. QAfCENOIA A CHLCK QAPCENM S SAL HAWS UM3MUM PEfita SEA LAVENOAR 1 GAL U5CPE MUSCAT* BO BLUE LLY TLRF 1 QAL FH/WXETC I VMTE NOW HAWTMCFN 5 3ALENCH»NTPE6Sf S GUE UPRGHT R VUMT. CARPET flOSE 5 O*L LAUDS EAT« 1GAL BPD OF PAWDKE S QM. PHNCtSS FLOWEH StW. QBOJM)COVERS FRA CM FHAQAM* CHLOENSB COP«OSI*V P. 'VEPOE PLANTING NOTES a AU. PLAKT1HQ M€AS TO BE WOMED Bv AN «UTOM*flC mOMDN B^IEM * WO. fl_*WT SPECES £>VJKU H THS TOOJECT HAVE A LWrt*T**l WATEB USEGLASOTGATON UNO H»VE BEFN OATEOOfBED AS DBOUOM TOlfFIWr VKTM TW BCSTON OF T>« AZAELEA K TXML BEUS-. 80IK£ 'A OJD6 TO t9TM*TW3mo*TON WATER f^nse OF IAMTSCAFC njMrnos N CALFOWW AS PREPARED BYMFOWU COOreWTI^E EKTENBOH J. BE SCfEEtCD fKM FUUC VEW. 00 QAU.ONsssr" TBD 83 O *3 IB CUP-07-03/CDP 07-07 ^% PL-LOa CARLSBAD PASEO 5700 PASEO DEL WOftTECARLSBAD, CA 920M STRATEGIC PROPERTY ADVISERS, INC. CUP/CO? nmwnrw. LANDSCAPE CONSTRUCTION PUN SEE SHEET 4/30/OT CUP 07-03/COP 07-O7 PL-1.1 GENE FONGAS SO CIA T t CARLSBAD PASEO 5700 PASEO DEL MOffTE CARLSBAD, CA 91008 (W«B WPPCSINM1ME: STRATEGIC PROPERTY ADVISERS, INC. 1 A LANDSCAPE CONSTRUCTION PLAN SEE SHEET 4/30/M CUP 07-03/COP 07-07 PL-1.2 SCALE: 1/16" = I'-O" GENE FONG IIO'tM-HM I10-M»>7f)4 F> CARLSBAD PASEO 5700 PASEO DEL NORTE CARLSBAD, CA 92008 STRATEGIC PROPERTY ADVISERS, INC. J/tS/OB »/JO/W CUP/CDP SUSMrTTAl. FOUBTH SUBUITTAL nHH SDBMITTHL LANDSCAPE CONSTRUCTION PLAN SEE SHEET PRELIMINARY DESIGN CUP 07-03/CDP 07-07 PL-1.3 aii^i^maigjLKiiOLfeac^iliaiH"^ 0 1' A. PAVERS AT CONCRETE ADJACENT B. EXPANSION JOINT ®... _ _.,. (^HowetPAHswEeiBBnuDecoiwAcra)rswoeernwoBEO \-/^ . __„ B. PRECAST CONCRETE PAVERS C. THICKENED EDGE DETAIL AT PLANTER CONDITION MUMP. C. PAVERS AT PtAMTNQ EDGE D. CONCRETE FLATWORK DETAIL AT VERTICAL SURFACE CONCRETE FLATWORK DETAILSCONCRETE PRECAST PAVERS DETAILSTRASH ENCLOSURE DETAILS |g 3 ' GENE FONGAstac i A Tis CARLSBAD PASEO 5700 PASED DEL HORTC CARLSBAD, CA 920M STRATEGIC PROPERTY ADVISERS, INC, yiMH *WW War wjwirwi. fOURIH 9J9«riTM. RTTM StfllfrTM UNDSCAPE CONCEPT DETAILS SEE SHEET V30/M PREUW1WRY DESGM CUP 07-03/CDP 07-07 SHEET MWIBtB: PL-2.0 PILASTER SECTION SCREEN WALL AND MONUMENT SIGNAGE PLAN IGENE FONGJO IMA T t CARLSBAD PASEO 9700 PASEO DEI. NORTt CtKLSBAO, CA 92008 STRATEGIC PROPERTY ADVISERS, INC. SCREEN WALL SECTION/ELEVATION SCREEN WALL ELEVATION \T LANDSCAPE CONCEPT DETAILS SEE SHEET PREIIM1WRY OE5tJH JH BiUIIH CUP D7-03/Cm» 07-07 PL-2.1 NOT USED y^y 6 SCREEN WALL SECTION 6'-0" SCREEN WALL SECTION 6'-7' PILASTER SECTION bg^H 4 CARLSBAD PASEO S700 PASEO DEL MORTt C«BLSMIJ, CA 92DD8 OWWB WMKSoiUTIW:'" STRATEGIC PROPERTY ADVISERS, INC. SEAT WALL ENLARGEMENT LANDSCAPE CONCEPT DETAILS SEE SHEET OESIGW CUP 07-03/CDP 07-07 PL-2.2 SEAT WALL SECTION WATER FEATURE PLAN VIEW J L GENE FONG ASSOCIATES CARLSBAD PASEO S700 PASEO DEL HORTE CARLSBAD. CA 02008 STRATEGIC PROPERTY ADVISERS, INC. A LANDSCAPE CONCEPT DETAILS SEE SHEET CUP 07-03/COP 07-07 PL-2.3 WATER FEATURE SECTION yprraJ 3 WATER FEATURE ELEVATION PARCEL C o O PLAHTMG CALCVLATIONSi PLANTPK1ZOME9, THEIR AREA 8CEANB PERCENTAGE OF WATER USE FOR THE CITY OP CARLBMD LANDSCAPE REQUmEMENTB ARE AS FOLLOWS: TONE ft OF SITE AREA SIZE GALWRZONE 1' LUSH T% JJ3 AC SM177ZONE Z • REFINED IB* 1.1H AC 4(0,705ZONE 9-LUSH 0% .43 AC B2_STB TOTAL 6TTE AREA O.M AC.TOTAL LANDSCAPE AREA 2.13 AC. TOTAL PEHCEMTAGt OF SITS 90% IRRIGATION WATER U9AGEWEAH 1,139,WO ESTIMATED WATER USE ET. " WORST-CASE DAILY EVAPOTRAN5PRATIONN INCHES PF • PLANT FACTOR (CROP COEFFICIENT), PERCENT M DECIMAL FORM ta - CONSTANT FOR CONVERSION OF iMTS TO GALLONS PER DAY XERISCAPE PRINCIPLES Alt PROPOSED PLANT MATERIALS HAVE VERY LOW TO MODERATE WATER USE REQUIReUEUT9 ACCORBWO TO WATER USE CUSKFKATTOM OF UNDSCAPC SPECKS (WWCOB) (StflDEtMES. EX1STIMG CONDITIONS THERE 16 MO EXIST MS VEQETATIDM DM 9TE; THEREFORE MO TREES OR SHRUBS ARE BEMG DEMOLISHED OR PRESERVED. ADDTTIOWLLV. THE SITE IS FLAT. WITH MO W5NFICANT QRAtMMO BEWO PROPOSED. WATER CONSERVATION PLAN 1. LANDSCAPE SHALL BE MAINTAINED TO ENSURE WATEREFFICIENCY. A REGULAR MAINTENANCE SCHEDULE &HAILINCLUDE iirr MOT BE i WITED TOCHECKNQ, ADJUSTWO ANB REPAIRING IRRIGATION EQUTMENT: RE9ETTNQTHE AUTOMATIC CONTROLLER;AERATOS AND DETHATCHMG AND WEEDING M ALL LAHDSCAPEO AREAS.2. WHENEVER POSSIBLE. REPAIR OF IRRIGATION EQUIPMENTSHALLBC DONE WITH THE ORIGINALLY SPECIFIED MATERIALS OR THEIR EQUIVALENTS. 1A LANDSCAPE IRRIGATION AUDIT MAY BE RECOMMENDED, THEMAXIMUM PERIOD BETWEEN AUDITS BHALL BE FIVE YEARS.4. THE IRRIGATOM SYSTEM SHALL BE DESIGNED FOR RECLAIMED WATER. IF NO RECLAMED WATER R) AVAILABLE AT THE TIMEOF INSTALLATIOH. THEN POTABLE WATER SHALL BE US£f>UNTIL RECLAIMED SERVICE 19 AVAftABLE. PROPOSED PLANTING TREATMEW ALOXO PA38O PEL NOnTt!- HEDGE AMD *f HT, LAMDBCAPE SCREEN WALL PROVIDE VISUALSCREEN PER CITY STM*3Aft09. THIS TREATMENT TO MAMTAM AN AnRACTB/6 COM9I9THHCV WTTH ADJACENT PPOPBRT1CS. LANDSCAPE CALCUUTIONS D -l;1 RATIO OF PARKNS SPACES TO TR5ESTOTAL PARKM9 SPACES PHQVBED -654TOTAL PAflKMe LOT TREES REOURED - IM TOTAL PARMWO LOT TBEE3 PRCVIDB) - 13STOTAL TREES ON BITE • 191 TOTAL AREA Of PARKMG LOT «1W.03fl SF TOTAL ARE OF LAWWCAPE PROVIDED IM PABKWO LOT AREA " 10.772 SF S3*. OF PARKMQ AREA (S LAHDSCAPEO PER CTTY GENERAL NOTES (.REFER TO ARCHITECTURAL DRAWINGS FOB FASEMEMTLOCATIONS AMD BUfLONG SET BACK NFOHMAT10N.ZROOT BARRIERS ARE TO BE INSTALLED ON ALL TREES PLANTING WTTHIN B- OF ANY HARDSCAPE. BALL TRW8 TO BE IHBTALLED A MWWUM OP 2- FROM CURBFACE. 4M.L TREES TO BE DOUBLE STAKED OR SUYED PER CTTY STANDARDS.M. MfNIMUM MULCH COVER OF T SHALL BE PROVBEOFOR ALL NON-TURF PLANTING AREAS WTTH LESS THAN3:1 SLOPE. fl.TT IS THE RESPONSIBIUrY OF THE PRIVATE OWNER TOMAINTAIN AU PROPOSED PLANTING AREAS ON THISerre.TALL UTIUTIES SHALL BE SCREENED FROM PUBLIC VIEW.MOUNTAINS SHALL IUVE RECYCLING SYSTEMS.FOUNTANB SHALL BE DESIGNED T01EVAPORATWe LOB6. PLANTING CONCEPT STATEMENT THE BTTE LANDSCAPE 13 OES13UED TO BE BOTHHARMOHiaUS WTTH THE SIT« ARCHnEcniRE AS WEtLAS ADJACENT FflOPERtlEB. THE VEHICULAR EWnflES ARE TREATED AS ZOMES OF EMfAMCEMENTHCLUDtHB PRECAST COMCKETE PAVERS. TURF.ACCEMT COLOR AW> ACCENT TRPSg TO ANMOUWCEARRIVAL TO THE USER. TURF IS ALSO USED ALONGTHE PA9EO DEL NOfiTE FROKTAOE FOR MAXIMUMVISUAL IMPACT, LUSH CATEGORY LANDSCAPE IS ALSOUSED N THE BULDNG FRONTAGE, TO RECALL THERICH HISTORY OF THE ADJACENT FLOWER FIELDS IMTHE BACKGROUND, WATER ANO CANOPV TRCCS ARE USED M THE PROJECT PASEOS TO FURTHER ENHANCETHE USER CXPERIFNCR THf MAJORTTY OF THE PLANTUAT^nUL FAILS INTO THE REFINED CATEGORY. W4.0WWB FOR A MANICURED AMD TIDY APPEARANCE N THE PARKING AND ALONG THE IIUIIOMB FROMTAGCB. A NATURALIZM8 PALETTE HAS BEEN UTILIZED AlOMB THE REAR OF THE PROJECT ALOMG THE PREEWAY FRONTAGE, CARLSBAD PASEO 5700 PA5EO HL MORTE CARLSBAD, CA 9200B OWNfB WPBESENWMt STRATEGIC PROPERTY ADVISERS, INC. LANDSCAPE KEY PLAN NOTES AND LEGENDS SEE SHEET 4/30/08 CUP 07-03/CDP 07-07 PL-2.4 GENEFONGA 8 t O C I A T « ! CARLSBAD PASEO 5700 PASED DEL HOftTT CARLSBAD, CA 920D8 STRATEGfC PROPERTY ADVISERS, INC. LANDSCAPE PLANTING PLAN SEE SHEET PREIIM1WRY DESIGM CUP 07-03/COP 07-07 PL-2.6 I I —SSS&IS55 GENE FONGASSOCIATES 9 OUUN ABU. Id "NBBJ* C* «•«IQ.KH-HM I10-MW-M14MX CARLSBAD PASEO 5700 PASEO DEL NORTE CARLSBAD. CA 92008 STRATEGIC PROPERTY ADVISERS, INC. J/I9/M */»/« :UP/CDP SUBMIT*! TOUOTH SUBMIT™. FFTH suBurn^. LANDSCAPE WATER USE SEE SHEET PRELIMINARY DESIGN CUP 07-03/CDP 07-07 PL-2.8 DOH.IED NtfW> OF CV. CAP tO pm< r DM. CUM PORTABLE PLANTER DETAIL (T) © © (?) PUC F*M oum to >oni n .mr.*™.™*.™,™, _ «•"«»—"«•AROUND PVC PIPE, on vBntcu CO njufrmofUHmemoccuRinnthfKMMCTemnavEitn'e PLUWMM efiMYHOs. nn- (7) CCWCHETEM.WIWWmOM.9li' ^^ «BCHrrecTwwi HUWNM. 0 (?) WATBWO M © (?) SHRUB PLANTING (-^W 7 FLAX PLANTING h^SH 8 "^ • Tr1s:"^ DOUBLE-TREE STAKE h^W 4 © © © •— W (COUTMJOU9 •(•siwanr —(C*(ff1!tJ IBMM 0 © © MOTE KEEP TW OF ROOTBUL AT FMSH CRAM OB 1O- ABOVE. PALM TREE PLANTING GENE FONGA » » oe i *iis CARLSBAD PASEO 5700 MSEO DEI HOBTI CARLSBAD, CA 9200B STRATEGICPROPERTY ADVISERS, INC. LANDSCAPE DETAILS SEE SHEET «/30/0» PREllUIMWTr OCSIGM CUP 07-03/COP 07-07 PL-2.9 6" WIDE CONCRETE MOW CURB ,£^.PLANT SPACING y^J 9 SHRUB MASS PLANTING ,!?£' 6 TREE GUYING DRAFT EXHIBIT 5 Planning CommissioQg^ite|bfri^l lluly 16, 2008 Page 9 Commissioner Montgomery would feel more comfortable if the traffic generation was off-set with some type of reduction within the project or in the vicinity. Commissioner Boddy stated she fully supports the project and has no issues with the proposed change. She feels Staff has struck the right balance of accommodating the needs of the applicant with the needs of the community. Commissioner Douglas asked Staff to comment on the monitoring of traffic and the triggers that will cause the installation of the proposed signal. Mr. Van Peski stated that the project would be conditioned for what is called an "iffy" signal and the traffic would be monitored by Engineering Staff. There are a number of warrants that if any three of those warrants are met, the City Engineer can call for the signal or if in the City Engineer's determination the signal is needed it will be called for and the Developer is on the hook for a period of 5 years following the final building permit. Chairperson Whitton stated that the comments by Ms. Mobaldi changed his mind. MOTION ACTION: Motion by Commissioner Baker, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6431 recommending adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and adopt Planning Commission Resolutions No. 6432, 6433, and 6434 recommending approval of General Plan Amendment GPA 07-04, Zone Change ZC 07-04, and Specific Plan SP 07-02 based on the findings and subject to the conditions contained therein. VOTE: 3-3-1 AYES: Commissioner Baker, Commissioner Boddy and Commissioner Douglas NOES: Chairperson Whitton, Commissioner Dominguez and Commissioner Montgomery ABSENT: Commissioner Cardosa ABSTAIN: None Ms. Mobaldi stated that due to the tie vote, the item would need to be continued until the next scheduled meeting when all Commissioners would be present. Commissioner Baker stated she will be absent for the next meeting. Ms. Mobaldi stated that according to the Code, the item shall be continued to the next meeting, and if there is another tie vote, the matter would then be deemed denied. Chairperson Whitton asked Mr. Neu to introduce the next item. 6. CUP 07-03/CDP 07-07 - CARLSBAD PASEO - Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and a recommendation of approval of a Conditional Use Permit and Coastal Development Permit to construct a 7,511 square foot stand alone restaurant, a 44,391 square foot commercial retail center, and a vacant pad for a future stand alone restaurant on a 6.96-acre parcel generally located on the west side of Paseo Del Norte, north of King's Fish House, south of Car Country Drive, and east of the Interstate 5 freeway, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 3. Mr. Neu introduced Item 6 and stated Associate Planner Jason Goff would make the staff presentation. Chairperson Whitton opened the public hearing on Item 6 and asked if the applicant wished to proceed without a full Commission. The applicant stated he did. Planning Commission Minutes July 16,2008 Page 10 Mr. Goff gave a detailed presentation and stated he would be available to answer any questions. Chairperson Whitton asked if there were any questions of Staff. Commissioner Baker asked if any there was consideration into putting the parking areas on the west side of the buildings. Mr. Goff stated there were discussions regarding that idea, and the location was not the preferred alternative for the architect or the developer. Commissioner Baker asked if there were any provisions for pedestrian access to and from the outlets across the street. Mr. Van Peski stated that through the Minor Subdivision approval, there will be a requirement for 5 year signal at the intersection which will be shared with the outlet mall. The project will be conditioned so that the signal will not be installed until notification by the City Engineer. The signal should be installed about the same time the project becomes occupied. Commissioner Baker stated there could be the potential for a great deal of foot traffic and asked if there will be any additional crosswalks, decorative paving or traffic calming devices. Mr. Van Peski stated that for pedestrian safety, the City wants pedestrians to cross at a signal. Commissioner Baker stated that the signal will not be in place. Mr. Van Peski clarified that the signal will be installed by the time the shopping center is occupied. Commissioner Baker stated that with a new signal in place, there would be several traffic signals within a short distance along Paseo Del Norte. She asked if the signals would be tinned or synchronized. Mr. Van Peski stated that is something that will be taken into account once the signal becomes operational. Chairperson Whitton asked if a pedestrian bridge was considered. Mr. Neu stated that he was not sure if that was considered; however, with these two locations, there are two separate entities. Mr. Neu commented that Paseo Del Norte is designated as a secondary arterial which could have influenced the design of the parking. The Fire Department also requested access around the entire building. Mr. Neu further commented that the queuing distance on the driveway from Paseo Del Norte having to be a certain distance for the anticipated traffic. All those factors caused the current layout of the buildings and parking. Commissioner Baker stated she did not understand why that would matter since the fire trucks could pull up along Paseo Del Norte and be right in front of the building and she does not understand queuing. Mr. Neu explained that queuing is the concept that there will be a line of traffic waiting based on traffic controls and the stacking distance for a car trying to enter the driveway before trying to make a movement down one of the drive aisles. The Fire Department initially had concerns over parking along Paseo Del Norte and being able to get their equipment up to the face of the building. Commissioner Baker stated she did not think parking was allowed along Paseo Del Norte. Mr. Neu stated parking is not allowed, but the Fire Department was concerned over landscaping and the other improvements on the site. Commissioner Montgomery asked if there is way to keep this project from getting overflow parking from the center across the street and if each restaurant pad has enough parking. Mr. Goff stated the project is subject to the Commercial/Visitor-Serving Overlay Zone which does require a higher parking standard than what the City's typical parking ordinance requires. The applicant is providing more parking than what would be required in another location in the City. Each facility is being parked accordingly and each is providing enough parking to accommodate the facility. Mr. Goff stated that he cannot comment on parking overflowing from the businesses across the street and if or how that would impact this site. Commissioner Dominguez stated elevations for the retail center are very nice but the rear elevation for PF Chang's is not as dressed up. He stated he agrees with Commissioner Baker regarding any pedestrian access being more definitive. Chairperson Whitton asked if the applicant wished to make a presentation. Paul Klukas, Planning Systems, 1530 Faraday Ave Suite 100, gave a brief presentation. Mr. Klukas also commented on a few of the issues raised by the Commissioners. He stated that in regards to the parking areas, with Staffs suggestion, they looked at moving the buildings towards the street; however they found that so much parking would be lost that it did not make sense financially. He stated they are supportive and encourage anything that can be done in regards to pedestrian safety to and from Premium Outlets. Mr. Klukas stated he would be available to answer any questions, Planning Commission Minutes July 16,2008 Page 11 Peter Aylward, President of Strategic Property Advisors, gave a brief presentation and stated he would be available to answer any questions. Commissioner Montgomery inquired about the hours of operation for the restaurant and retail shops. Mr. Aylward stated that most of the boutique shops will most likely close around 8:00 p.m. The bulk of the traffic for the retail will drop off around 5:00 or 6:00 which is the time the traffic for the restaurants will pick up. There are cross easements for the entire center along with the adjacent restaurant King's Fish House. Mr. Aylward stated he is agreeable to decorative paving at the intersections to define pedestrian access. Commissioner Baker asked if he is agreeable or willing to do decorative paving in order to make those intersections more attractive for pedestrians. He stated he is completely agreeable and willing to do whatever it takes to make those areas more definitive and attractive. Commissioner Douglas asked what types of upscale shops will part of the center. Mr. Aylward stated H & M, Zark, Chicos, White House Black Market, the Back Room and BCBG. Chairperson Whitton asked if there were any further questions of the applicant. Seeing none, he asked if anyone in the audience wished to speak on the item. Seeing none, Chairperson Whitton opened and closed public testimony. Herman Ajamian, representing PF Chang's China Bistro, stated that there will be articulation on the rear elevation. There will be green screen/trellises along the rear elevation with ivy growing on them which will provide a break-up of the elevation. Commissioner Montgomery inquired if there is adequate parking for their customer base. Mr. Ajamian stated there will be more than adequate parking. DISCUSSION Commissioner Boddy stated her support of the project and feels that it will be a nice addition to the City. Commissioner Douglas stated her support of the project. Commissioner Dominguez commented that he feels it will be a beautiful center. Commissioner Baker concurred with her fellow Commissioners. She stated she would like to see Engineering Staff work with the applicant to have the crosswalks and the signal enhanced to the extent the applicant is willing. Commissioner Montgomery stated he supports the project. Chairperson Whitton also stated his support of the project and feels it will be a great addition to the City. Planning Commission Minutes July 16,2008 Page 12 MOTION ACTION: Motion by Commissioner Baker, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6435 recommending adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and adopt Planning Commission Resolutions No. 6436, and 6437 recommending approval of a Conditional Use Permit (CUP 07-03) and a Coastal Development Permit (CDP 07-07), based on the findings and subject to the conditions contained therein. VOTE: 6-0 AYES: Chairperson Whitton, Commissioner Baker, Commissioner Boddy, Commissioner Dominguez, Commissioner Douglas and Commissioner Montgomery NOES: None ABSENT: Commissioner Cardosa ABSTAIN: None Chairperson Whitton closed the public hearing and thanked Staff for their presentations. COMMISSION COMMENTS None. PLANNING DIRECTOR COMMENTS None. CITY ATTORNEY COMMENTS Ms. Mobaldi commented about ethics training and the options available to the Commissioners who need to renew their training requirement. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of July 16, 2008, was adjourned at 7:55 p.m. DON NEU Planning Director Bridget Desmarais Minutes Clerk PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego This space is for the County Clerk's Filing Stamp I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: August 01st, 2008 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at OCEANSIDE, California This 01st, day of August, 2008 Proof of Publication of NOTICE OF PUBLIC HEARING P NOTICE IS HEREBY GIVEN to you that the City Council of the City of Carls-bad will hold a public hearing at the Council Chambers, 1 200 Carlsbad VillageDrive, Carlsbad, California, at 6:00 p.m. on Tuesday, August 12, 2008, toconsider approval of a Mitigated Negative Declaration and Mitigation Monitoring andReporting Program, and approval ofa Conditional Use Permit and Coastal Develop-ment Permit to construct a 7,51 1 square foot stand alone restaurant, a 44,391 squarefoot commercial retail center, and a vacant pad for a future stand alone restaurant ona 6.96-acre parcel generally located north of King's Fish House, south of Car CountryDrive, east of the Interstate 5 freeway, and west of Paseo Del Norte within the Mello IISegment of the Local Coastal Program and Local Facilities Management Zone 3 andmore particularly described as: Portions of Parcel 2 and 3 of Parcel Map No. 11284, filed in the Office of theCounty Recorder of San Diego County, May 1 1 , 1 981 and Lot 4 of Carlsbad TractNo. 92-7 (Carlsbad Ranch Unit 1 and Unit 2), according to map thereof No. 13078,filed in the Office of the County Recorder of San Diego County. December 28,1993, all in the City of Carlsbad, County of San Diego, State of California, moreparticularly described as follows: Beginning, at the northeasterly corner of said Parcel 3, said corner being themost northerly corner of said Lot 4, said corner being the point of beginning;thence southerly along the easterly line of said Lot 4, south 22 29'26" east(south 22'29'26" east per said Map No. 13078) 925.00 feet to the beginning of atangent curve concave northeasterly having a radius of 557.00 feet: thence southeasterly along said curve through a central angle of 11 *20'36" a distance of110.27 feet to a point on said easterly line, a radial through said point bearssouth 56'09'58" west: thence leaving said easterly line south 55 50'26" west343.71 feet to the westerly line of said Parcel 2: thence northwesterly along thewesterly line of said Parcels 2 and 3, north 26 48'03" west (north 26 47'14" west,per said Parcel Map 11284) 738.65 feet to an angle point corner of said Parcel 3;thence continuing along said westerly line north 25'12'24" west 300.01 feet(north 25'1 1 '47" west 300.01 feet per said parcel map) to an angle point corner ofl map; thence continuing along said westerly line north 26 15 29 we(north 26*1 5'48" west 68.03 feet per said parcel map) to the northwe (north 25'1 1 ' .said parcel map; thence continuing along said westerly line north 26 15 29 west68.05 feet (north 26*1 5'48" west 68.03 feet per said parcel map) to the northwestcorner of said Parcel 3 of said parcel map; thence easterly along the northerlyline of said Parcel 3, north 67°3V12" east 399.93 feet (north 67 31 'TT east 400.00feet per said parcel map) to the point of beginning. Said land is also described as Parcel A in that certain Certificate of Compliance for Adjustment Plat, dated October 1, 2002, and recorded October 18. 2002, asDocument No. 2002-0913260, official records of San Diego County, California. Those persons wishing to speak on this proposal are cordially invited to attend thepublic hearing. Copies of the agenda bill will be available on and after August 8,2008.If vou have any questions, please call Jason Goff in the Planning Department at (760) If you challenge the Conditional Use Permit and/or Coastal Development Permit incourt, you may be limited to raisjng only those issues you or someone e|se raised atthe public hearing described in this notice or in written correspondence delivered to theCity of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA92008, at or prior to the public hearing. CASE FILE: CUP 07-03/CDP 07-07 CASE NAME:CARLSBAD PASEOCITY OF CARLSBADCITY COUNCIL J-PUBLISH: AUGUST 1, 2008 NCT 2165886 * Jane Allshouse NORTH COUNTY TIMES Legal Advertising Easy Peel Labels Use Avery® TEMPLATE 5160® CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 A Paper See Instruction Sheet j 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 MOLLOY - 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 7/23/2008 Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160®Sens de charqement Consultez la feuille ji:—i *.t- - www.avery.com easy reel La»eis Use Avery® TEMPLATE 5160* • ••• ^Feed Paper See Instruction Sheet jj for Easy Peel Feature^AVERY®5160® OCCUPANT 5555 PASEO DEL NORTE CARLSBAD, CA 92008 OCCUPANT 5556 PASEO DEL NORTE CARLSBAD, CA 92008 OCCUPANT 5625 PASEO DEL NORTE CARLSBAD, CA 92008 OCCUPANT 5600 PASEO DEL NORTE CARLSBAD, CA 92008 CPT/SC TITLE HOLDING CORP 3250 VISTA DIEGO DR JAMUL, CA 91935 Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160®Sens de chargement Consultez la feuille d'instrurtinn www.avery.com AM3AV-OD-008-1 U1O3-X49AB-AWWM uo|pOQSiii,p luawaBjeip ap sues a| J8|ad $ saipej, sauanb|: SAN-GAL TRUST/PLETA TRUST 550 WEST "C" ST SUITE 1820 SAN DIEGO CA 92101 PP CARLSBAD INC 2711 N. HASKELLAVE #2150 DALLAS TX 75204 PALAMA HUNA LLC 1420 BRISTOL ST N SUITE 100 NEWPORT BEACH CA 92660 CARLSBAD POINT CORP PO BOX 178870 SAN DIEGO CA 92177 PALOMAR & CO 5850 AVENIDA ENCINAS CARLSBAD CA 92008 SNYDER LEASING 13502 E VIRGINIA AVE BALDWIN PARK CA 91706 BRIAD RESTAURANT GROUP LLC 3250 VISTA DIEGO DR JAMUL, CA 91935 CPT/SC TITLE HOLDING CORP 3250 VISTA DIEGO RD JAMUL CA 91935 CPG CARLSBAD HOLDINGS LLC 105 EISENHOWER PKY ROSELANDNJ 07068 BROOKING DORIS TR PO BOX 789 CARLSBAD CA 92018 GRODY PROPERTIES LLC 6211 BEACH BLVD BUENA PARK CA 90621 SHARP FAMILY LTD PTNSHP 1000 CHRYSLER DR AUBURN MILLS Ml 48326 REKAB PROPERTIES 591 CAMINO DE LA REINA # 1100 SAN DIEGO CA 92108 ECKE PAUL SENIOR TRUST 1351 DISTRIBUTION WAY # 10 VISTA, CA 92081 COGNAC PACIFIC CORP LLC 4 EMBARCADERO CENTER # 2700 SAN FRANCISCO, CA 94111 HOEHN GROUP LLC P.O. BOX 789 CARLSBAD, CA 92018 <a»09is®AU3AV ®09I-S llV1dW3i ®Ai3AV asn Carlsbad PaseoCarlsbad PaseoCUP 07CUP 07--03/CDP 0703/CDP 07--07/MS 0707/MS 07--0202 Location MapLocation MapI-5 A T & S F RR PA S E O D E L N O R T E A V E N ID A E N C IN A S I-5 P A R S B OF F R A M P AR M A D A D R CAR COUNTRY DRI-5 P A R NB O N RAMP C A R L S B A D B L PAL OMA R AI RPORT R D C A R L SBAD BLI-5 I-5 A T & S F R R P A SEO D EL N O R T E A V E N ID A E N C IN A S PALOMAR AIRPORT RDA R M A D A D RFLEET S T C A RL S B A D B L E L A R B O L D R C A R C O U N T R Y D R I -5 P A R S B O F F R A M P I-5 PAR NB O N RAM P MANZANO DRI-5 0400800200FeetCUP 07-03/CDP 07-07Carlsbad Paseo Bus TurnoutNorth DrivewaySouth DrivewayPaseo Del NorteDecorative PavingDecorative Paving Parcel A:•Restaurant (stand alone)•7,511 SF•Outdoor Patio Area (632 SF)•138 Parking SpacesPaseo Del Norte Facing Paseo Del NorteFacing I-5 Facing King’s Fish HouseFacing Proposed Retail Center (Parcel B) Paseo Del NorteParcel B: Commercial Retail Center•2-Story Building•44,391 SF•233 Parking Spaces•18 Tenant Spaces Retail Center Retail Center --Parcel BParcel BFacing Paseo Del Norte East Elevation – Facing Paseo Del Norte West Elevation – Facing I-5 North ElevationSouth Elevation Paseo Del NorteParcel C:•Improved for future stand alone restaurant use •162 parking spaces provided•9,100 SF restaurant could be accommodated Project ConsistencyProject Consistency„„General PlanGeneral Plan„„ZoningZoning„„Local Coastal ProgramLocal Coastal Program„„Airport Land Use Compatibility PlanAirport Land Use Compatibility Plan„„Subdivision OrdinanceSubdivision Ordinance„„Growth ManagementGrowth Management„„CEQACEQA Planning Commission ActionPlanning Commission Action„„July 16, 2008 July 16, 2008 ––Planning Commission conducted a Planning Commission conducted a public hearing for the project.public hearing for the project.„„No public comment was made.No public comment was made.„„Planning Commission voted 6Planning Commission voted 6--00--1 to recommend 1 to recommend adoption of a Mitigated Negative Declaration and adoption of a Mitigated Negative Declaration and Mitigation Monitoring & Reporting Program, and Mitigation Monitoring & Reporting Program, and approval of CUP 07approval of CUP 07--03 and CDP 0703 and CDP 07--07.07. RecommendationRecommendation„ADOPTResolution No. 2008-234 ADOPTINGa Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and APPROVINGConditional Use Permit (CUP 07-03) and Coastal Development Permit (CDP 07-07).