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HomeMy WebLinkAbout2008-10-07; City Council; 19598; Fenton Carlsbad CenterCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. PLN 19,598 10/07/08 FENTON CARLSBAD CENTER SPECIFIC PLAN - GPA 07-04/ZC 07-04/SP 07-02 DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2008-283 , ADOPTING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and APPROVING General Plan Amendment (GPA 07-04), and INTRODUCE Ordinance No. CS-on and Ordinance No. CS-012 APPROVING a Zone Change (ZC 07-04) and Specific Plan (SP 07-02) based upon the findings and subject to the conditions contained therein. ITEM EXPLANATION: Project Application(s) Mitigated Negative Declaration GPA 07-04 ZC 07-04 SP 07-02 Administrative Approvals Planning Commission RA RA RA RA City Council X X X X RA = Recommended Approval * = Final City decision-making authority On July 16, 2008, the Planning Commission conducted a public hearing and voted 3-3-0 (Commissioner Cardosa absent) which resulted in no action on approval of a General Plan Amendment (GPA 07-04) and Zone Change (ZC 07-04) to change the Land Use and Zoning designations on three lots, located on the west side of El Camino Real between College Boulevard and Faraday Avenue, from Planned Industrial (PI & P-M) to Office (O) and to adopt a Specific Plan (Fenton Carlsbad Center Specific Plan) on a total of five lots (four Office designated lots and one Open Space designated lot). The Specific Plan limits medical office uses to only two of the four Office designated lots. The Planning Commission discussed concerns regarding traffic generation and the merits of limiting medical office use to only two of the four Office designated Specific Plan lots. As a result of the tie vote, the item was continued to the next regularly scheduled meeting on August 6, 2008 as required by Section 2.24.070(c) of the Municipal Code. The project applicant requested a continuance from the August 6, 2008 meeting so that additional information could be presented. The Planning Commission voted 6- 0-1 (Commissioner Baker absent) to grant the continuance request. DEPARTMENT CONTACT: Dan Halverson 760-602-4631 dhalv(o)ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED r/ D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES n Dnn Page 2 - Fenton Carlsbad Center Specific Plan On August 20, 2008, the continued item was heard and after reviewing the additional information relating to potential traffic impacts and the desires of the property owners, the Planning Commission voted 6-0-1 (Commissioner Dominguez absent) to recommend approval of the project. Other than the applicant's presentation, no other public comment was received at either Planning Commission hearing. A full disclosure of the Planning Commission's actions and a complete project description and staff analysis of the proposed project are included in the attached minutes and Planning Commission Staff Reports. The Planning Commission and Staff are recommending approval of the proposed project. FISCAL IMPACT: All public facilities required to serve the project will be constructed prior to or concurrent with development as mandated by the Zone 5 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 traffic mitigation measures outlined in the Mitigation Monitoring and Reporting Program. 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 traffic circulation. However, mitigation measures have been incorporated into the project as conditions of approval to reduce those effects to a less than significant level. In consideration of the foregoing, a notice of the intent to adopt a Mitigated Negative Declaration was published by the Planning Director on June 03, 2008. EXHIBITS: 1. City Council Resolution No. 2008-283 2. City Council Ordinance No. cs-011 3. City Council Ordinance No. CS-012 4. Location Map 5. Planning Commission Resolutions No. 6431, 6432, 6433, and 6434 6. Planning Commission Staff Report, dated August 20, 2008 7. Excerpts of Planning Commission Minutes, dated July 16 and August 20, 2008. RESOLUTION NO. 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED 3 NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR GPA 07-04/ZC 07-04/SP 07- 4 02, AND APPROVING A GENERAL PLAN AMENDMENT (GPA 07-04) TO CHANGE THE LAND USE DESIGNATION ON THREE 5 LOTS FROM PLANNED INDUSTRIAL (PI) TO OFFICE (O) ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF 6 EL CAMINO REAL BETWEEN COLLEGE BOULEVARD AND FARADAY AVENUE IN LOCAL FACILITIES MANAGEMENT 7 ZONE 5. CASE NAME: FENTON CARLSBAD CENTER SPECIFIC PLAN CASE NO.: GPA 07-04 _ 9 The City Council of the City of Carlsbad, California, does hereby resolve as 0 follows: WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on August 20, 2008, hold a duly noticed public hearing as prescribed by law to , consider a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program 14 ' and a General Plan Amendment (GPA 07-04); and 1 5 WHEREAS, the City Council of the City of Carlsbad, on the 7tb ___ day of October _ i 2008, held a duly noticed public hearing to consider said Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and a General Plan Amendment, and at that time received recommendations, objections, protests, comments of all Q persons interested in or opposed to the Mitigated Negative Declaration and Mitigation 90 Monitoring and Reporting Program and a GPA 07-04; and WHEREAS, said application constitutes a request for a General Plan Amendment as shown on Exhibit "GPA 07-04 - Fenton Carlsbad Center Specific Plan," dated July 16, 2008, attached hereto and made a part hereof. 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of 95 the City of Carlsbad as follows: 26 1 . That the above recitations are true and correct. 27 2. That the recommendation of the Planning Commission for the adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and 28 approval of a General Plan Amendment (GPA 07-04) to change the Land Use designation on 9 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 three lots from Planned Industrial (PI) to Office (O) are adopted and approved, and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 6431 and 6432 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 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: 4. The General Plan Amendment (GPA 07-04) shall become effective thirty (30) days following the adoption of this resolution". "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 7tb day of Octobpr 2008, by the following vote, to wit: AYES: Council Members Lewis, Kulcbin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -2- GPA 07-04 - Fenton Carlsbad Center Specific Plan July 16, 2008 EXISTING PROPOSED Related Case File No(s): GPA 07-04/ZC 07-04/SP 07-02 General Plan Map Designation Chan Property A. B. C. D. E. F. G. 212-021-02 212-021-03 212-021-04 From: PI PI PI pes To: 0 0 0 City of Carlsbad Planning Department NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION CASE NAME: CASE NO: PROJECT LOCATION: Fenton Carlsbad Medical Center Specific Plan GPA 07-04/ZC 07-04/SP 07-02 Generally located south and west of El Camino Real, east of College Boulevard and north of Faraday Avenue PROJECT DESCRIPTION: The project consists of the creation of a Specific Plan for a 52.33 acre site consisting of five lots, which had been previously subdivided and graded (Fox Miller project - CT 00-20). The project also consists of a General Plan Amendment to change the General Plan Land Use designation of three of the five lots from Planned Industrial (PI) to Office (O): and, a Zone Change to reflect the proposed Land Use changes from Planned Industrial fP-Ml Zoning to Office (0) Zoning, which wilt match a previous General Plan and Zoning change of Lot 1 from Planed Industrial to Office. The sites are previously graded industrial pads with utility services provided, except lot 5 which is designated and to remain Open Space. The Specific Plan area is bordered bv Planned Industrial uses on the east, west, and south properties and residential to the north. The environmental impacts of the development of the site were evaluated in the previously approved Mitigated Negative Declaration For the Fox Miller project (CT 00-20). 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 hi the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad 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 20 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 Dan Halverson in the Planning Department at (760) 602-4631. PUBLIC REVIEW PERIOD June 3.2008 to June 23,2008 PUBLISH DATE June 3.2008 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: GPA Q7-Q4/ZC 07-04/SP 07-02 DATE: Mav 21.2008 BACKGROUND 1. CASE NAME: FENTON CARLSBAD MEDICAL CENTER SPECIFIC PLAN 2. LEAD AGENCY NAME AND ADDRESS: Citv of Carlsbad 3. CONTACT PERSON AND PHONE NUMBER: Dan Halverson - 760-602-4631 4. PROJECT LOCATION: Generally south and west oFEl Camino Real, east of College Boulevard and north of Faradav Avenue 5. PROJECT SPONSOR'S NAME AND ADDRESS: Fenton Carlsbad Research Center. LLC. 7577 Mission Valley Road Ste. 200. San Diego CA £2108 6. GENERAL PLAN DESIGNATION: Existing: lots 2.3. 4 -Planned Industrial (PP. Proposed: Office CO"): lot t - Office: and, lot 5 - Open Space ; ; 7. ZONING: Existing: lots 2,3. 4 - Planned Industrial fPM). Proposed: Office fO>: lot 1 - Office: and, lot 5 -Open Space, 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, Financing approval or participation agreements): San Dtego County Airport Authority 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: The project consists of the creation of a Specific Plan for a 52.33 acre site consisting of Five lots, which has been previously subdivided and graded (Fox Miller project - CT 00-20). The project also consists of a General Plan Amendment to change the General Plan Land Use designation of three of the Ftve lots from Planned Industrial fPO to Office CO): and, a Zone Change to reflect the proposed Land Use changes from Planned Industrial CP-M") Zoning to Office CO) Zoning, which will match a previous General Plan and Zoning change of Lot 1 from Planed Industrial to Office. The sites are previously graded planned industrial pads with utility services provided, except lot 5 which is designated and to remain as Open Space. The Specific Plan area is bordered bv Planned Industrial uses on the east, west, and south properties and residential to the north. The environmental impacts of the development of the site were evaluated in the previously approved Mitigated Negative Declaration for the Fox Miller project (CT 00-20). 1 GPA Q7.Q4/ZC 07-04/SP 07-02^ Fenton Carlsbad Medical Center Specific Plan 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. j_J Aesthetics Agricultural Resources Air Quality I J Biological Resources j_J Cultural Resources || Geology/Soils Noise ED Hazards/Hazardous Materials ED Population and Housing -•*. I 1 Hydrology/Water Quality I I Public Services I I Land Use and Planning Mineral Resources LI Recreation I I Mandatory Findings of ° Significance /K Transportation/Circulation Utilities & Service Systems Rev. 12/13/07 GPA 07-04/ZC 07-04/SP 07-021 Fenton Carlsbad Medical Center Specific Plan DETERMINATION. (To be completed by the Lead Agency) j I f find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [XI 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 I 1 find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. f ] 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, arid 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. (_j [ 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 ail 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. QL$A Planner Signature Date Planning Director's Signature Date Rev. 12/13/07 GPA 07-04/ZC 07-04/SP 07-021 Fenton Carlsbad Medical Center Specific Plan 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 :tNo 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 alt potentially significant adverse effects (a) have been analyzed adequately in an earlier EER or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and al! 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 EER pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and Rev. 12/13/07 10 GPA 07-04/ZC 07-04/SP Q7-Q21 Fenton Carlsbad Medical Center Specific Plan a Mitigated Negative Declaration may be prepared. • An HER 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 HER. 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 EBR; (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 GPA 07-Q4/ZC 07-04/SP '07-021 Fenton Carlsbad Medical Center Specific Plan 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 D Potentially Significant Unless Less Than Significant Mitigation Significant No impact Incorporated Impact Impact n n D D D D a-d) No impact. The Specific Plan area- is adjacent to El Camino Real, which is designated a scenic corridor. The site is previously graded and the proposed change in land use designation from Planned Industrial to Office would not have any aesthetic impacts relative to the existing land use designation because the same type, intensity, and design of land use could be developed under either land use. Any proposed or existing development on the site would not have an impact on distant views or create a corridor effect because any development will be set back a minimum of SO feet from El Camino Real. No trees or rock outcroppings will be impacted by the proposed Specific Plan. No buildings, including historic buildings, are located in or adjacent to the site. The existing visual character of the site is that of three developed office buildings, one undeveloped lot, and one designated open space lot. Temporary impacts associated with any proposed construction on future development will be short-term and not significant. Therefore, it is concluded that the project will not substantially degrade the existing visual character or quality of the site and its surroundings. The proposed use is consistent with the adjacent office uses and any future development in the Specific Plan area will be designed so that it does not contribute a significant amount of light or glare. II. AGRICULTURAL RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact n n n Rev. 12/13/07 12- 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? GPA Q7-04/2C 07-04/SP 07-02> Fenton Carlsbad Medical Center Specific Plan Less Than Significant No Impact Imp D Potentially Significant ImpactD Potentially Significant Unless Mitigation Incorporatedn D D D a-c) No Impacts. The Specific Plan area consists of four previously graded lots proposed to be designated and zoned for office uses and one lot designated for open space. The Specific Plan area does not contain prime farmland, unique farmland, or farmland of statewide importance. The site has not been historically or currently used for farmland. The subject site is not encumbered by any Williamson Act contracts. The project would not result in other changes to the environment that would result in the conversion of farmland to non-agricultural uses. Given the development of the property, surrounding office development, and lack of existing or historical agricultural infrastructure, it is unlikely that agricultural operations would be viable at this location. Any future development of the site through the Specific Plan would not adversely affect agricultural resources. No impact assessed. HI. 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 n n Potentially Significant Unless Mitigation Incorporated n n D n n Less Than Significant Impact No Impact n D n n a) No Impact. The project site is located in the San Oiego Air Basin which is a state non-attainment area for ozone (Oj) and for paniculate 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 Rev. 12/13/07 GPA 07-04/ZC Q7-04/SP 07-02) Fenton Carlsbad Medical Center Specific Plan 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 10* 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 inid-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 The proposed project does have a land use change from Planned Industrial (PI) to Office (0) which will create 5,715 additional average daily vehicle trips compared to the existing land use. However because the increase in ADT's associated with this project are negligible on a region wide basis and because any future development will implement pollution controls identified in the RAQS like bike facilities, employer van pools, etc., no air quality impacts are anticipated. The project is therefore consistent with the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. ".'..• b) Less Than Significant Impact. The closest air quality monitoring station to the project site is at Camp Pendleton. Data available for this monitoring site from 2000 through December 2004, indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (a total of 10 days during the 5-year period). No other violations of any air quality standards have been recorded during the 5-year time period. Long- term emissions associated with travel to and from the project will be minimal. Although air pollutant emissions would be associated with a future project, developed consistent with this land use change 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. c) Less Than Significant Impact. The air basin is currently in a state non-attainment zone for ozone and suspended fine particulates. Future projects developed consistent with these land use changes 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 Specific Plan and land use change would be minimal. Given the limited emissions potentially associated with a proposed future project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15!30(a)(4), the proposed project's contribution to the cumulative impact is considered de minimus. Any impact is assessed as less than significant. d) No impact. Poinsettia Heights Elementary is located approximately 1.8 of a mile to the south, and Kelly Elementary is located approximately 2 miles to the northwest. As noted above, there is no development proposed as part of the Specific Plan and any future development of lot 4 as medical office would not result insubstantial pollutant emissions or concentrations. No impact is assessed. e) No Impact. The construction of a proposed future project developed consistent with this land use change could generate fumes from the operation of construction equipment, which may be considered objectionable by some people. Such exposure would be short-term or transient In addition, the number of people exposed to such transient impacts is not considered substantial. Rev. 12/13/07 . 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? GPA Q7-04/ZC 07.Q4/SP 07-02) Fenton Carlsbad Medical Center Specific Plan Potentially Significant Impact D Potentially Significant Unless Mitigation Incorporated D D D D D D d Less Than Significant No Impact Impact D n n D D a-f) No Impacts. The Specific Plan area consists of four previously graded lots designated for industrial office use and does not contain any flora or fauna. The adjacent Brodiaea Filifolia (Threaded Leaved Brodiaea) open space preserve (lot 5) will not be impacted by the General Plan designation change as it will remain an open space preserve and pursuant to the previous mitigated negative declaration for CT 00-20, surrounding lots, have been conditioned to have adequate setbacks, storm water runoff mitigation, and light shielding. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? D D Rev. 12/13/07 GPA 07-04/ZC Q7-04/SP 07-021 Fenton Carlsbad Medical Center Specific Plan b) Cause a substantial adverse change in the signifi- cance of an archeological resource pursuant to §15064.5? c). Directly or indirectly destroy a unique pale ontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Potentially Significant Impactn n Potentially Significant Unless Mitigation Incorporatedn Less Than Significant No Impact Impact D D D D a-d) No Impact. The Specific Plan area consists of four previously graded lots designated for industrial office use and one lot designated open space. The General Plan designation change from Planned Industrial to Office will not impact any cultural resource because a mitigation program from CT 00*20 was implemented for the previous grading of the site. No cultural impacts will occur on lot 5, the designated open space lot, due to its natural state. VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking?. iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? Potentially Significant Impact D D nn D Potentially Significant Unless Mitigation Incorporated a n Less Than Significant No Impact Impact D n n nn n n 10 Rev. 13/13/07 (o d) Be located on expansive soils, as defined in Section 1802.3.2 of the California Building Code (2007), 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? GPA 07-04/ZC 07-04/SP 07-021 Fenton Carlsbad Medical Center Specific Plan Potentially Significant Impact D Potentially Significant Unless Mitigation Incorporated D Less Than Significant Impact n n No Impact a-e) No Impacts. The Specific Plan area consists of four previously graded lots designated for industrial office use which have been graded pursuant to the recommendations of the Geotechnical Report for CT 00-20,.dated July 6, 2000, by Agra Earth & Environmental, and the grading standards of the City of Carlsbad. VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Potentially Significant Impact D Potentially Significant Unless Less Than Mitigation Significant No Incorporated Impact Impact D D n' n D n n n n n n D n n n Rev. 12/13/07 g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? b) 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? GPA 07-Q4/ZC 07-04/SP Q7-Q1) Fenton Carlsbad Medical Center Specific Plan Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated D D D Less Than Significant No Impact Impact n a-d) and f-h) No Impact. The Specific Plan area consists of four previously graded lots designated for .industrial office use and one lot designated open space and the sites do not contain nor are they adjacent to any hazardous materials. e) Less Than Significant Impact. The site was reviewed by the San Diego County Airport Authority for consistency with the McClellan-Palomar. Airport Land Use Compatibility Plan (ALUCP). The Authority found the Land Use amendment project is conditionally consistent with the ALUCP. The project has been conditioned to not allow intensive development and all uses which involve the assembly of large groups of people (more than one hundred (100) persons per assembly area (as defined by the California Building Code Croup A Occupancy). VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off- site? Potentially Significant Impact Potentially Significant Unless Mitigation incorporated Less Than Significant impact No Impact ODD D D D 12 Rev. 12/13/07 16 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? 0 Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or ' Flood Insurance Rate Map or other flood delineation map? h) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? 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? GPA 07-04/ZC 07-04/SP 07-021 Fenton Carlsbad Medical Center Specific Plan Potentially Significant Impact aa a n n Potentially Significant Unless Lsss Than Mitigation Significant No Incorporated Impact Impact n , nD n a a a n a aa a' n Da a a na a-q) No impact. The Specific Plan area consists of four previously graded lots designated for industrial office use and one lo: designated open space and the proposed land use designation change would not impact the existing drainage facilities. Federal, state and local agencies have established goals and objectives for storm water quality in the region. There is no construction proposed as pan of the Specific Plan proposal and any future development will have to comply with all federal, state, and local permits including the Stormwater Management Plan (SWMP) required under the County of San Diego Watershed Protection, Stormwater Management, and Discharge Control 13 Rsv. 12/13/07 GPA 07-04/ZC 07-04/SP 07-02^ Fenton Carlsbad Medical Center Specific Plan Ordinance (WPO) (Section 67.871), the City of Carlsbad's Standard Urban Storm Water Mitigation Plan, the National Pollution Discharge Elimination System (NPDES) from the Regional Water Quality Control Board (RWQCB), and the projects previous Stormwater management plan for Fenton Carlsbad Research Center, Chang Consultants, March 3,2006 IX. LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated D D D Less Than Significant No Impact Impact D D a-c) No Impact. The proposed project is a Specific Plan that is consistent with the existing and surrounding uses. The Specific Plan area does not physically divide an established community. The proposed project does not conflict with any existing or proposed land use plans or policies of the City of Carlsbad. The proposed office land use designation is consistent with the City of Carlsbad General Plan in that it will allow office, professional and related commercial uses that are compatible with surrounding office and planned industrial uses. The previously graded project site is compatible with the City of Carlsbad Habitat Management Plan. X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated n n D D Less Than Significant No Impact Impact D a-b) No Impact. The Specific Plan area consists of four previously graded lots designated for industrial office use and one lot designated open space. Based on the 1994 Final Master Environmental Impact Report for the City of Carlsbad General Plan Update 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. No impact assessed. 14 Rev. 12/13/07 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) c) d) e) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? 0 A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? A substantial temporary or periodic increase in ambient noise levels in the. project vicinity above levels existing without the project? 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? 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? GPA 07-04/ZC 07-04/SP 07-02) Fenton Carlsbad Medical Center Specific Plan Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated impact . Impact D D D n n n n n n D n n D El n n a-l) No impacts. The Specific Plan area consists of four previously graded lots designated for industrial office use and one lot designated open space. Changing the land use designation will not: create any noise levels in excess of standards; generate any excessive groundbourne vibration or noise levels; or, generate any permanent increase in ambient noise levels in the project vicinity. The project area is within the McClellan Palomar Airport Land Use Compatibility Plan but is located outside the 60 CNEL noise contour and outside the Runway Protection Zone and therefore will not have any noise impacts. XII. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Potentially Significant Impact Potentially Significant Unless Mitigation Less Than Significant No Incorporated Impact Impact n n n n n Rev. 12/13/07 c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? GPA 07-04/ZC 07-04/SP 07-021 Fenton Carlsbad Medical Center Specific Plan Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated D Less Than Significant No Impact Impact a-c) No Impact. The Specific Plan area consists of four previously graded lots designated for industrial office use and one lot designated open space. The land use change will not induce any substantial growth because there is no development proposed. AH lots have been previously subdivided and approved by CT 00-20. The project will not displace any existing housing or necessitate the construction of replacement housing. The project also will not displace any people therefore no impact 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 D D D D Potentially Significant Unless Mitigation Incorporated D n D Less Than Significant No Impact Impact D D a) No Impacts. The Specific Plan area consists of four previously graded lots designated for industrial office use and one lot designated open space and the use is in compliance with the City of Carlsbad's Growth Management Plan and is not exceeding the development projections anticipated for the site or the northwest quadrant. As a result there will be no impact on any of the public services or facilities. 16 Rsv. 12/13/07 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? GPA 07-04/ZC 07-04/SP 07-02^ Fenton Carlsbad Medical Center Specific Plan Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated D D n a Less Than Significant No Impact Impact n a-b) No Impacts. The Specific Plan area consists of four previously graded lots designated for industrial office use and one lot designated open space and the proposed land use change will not result in the deterioration of existing neighborhood or regional parks. The project is not proposing any development and any future development will have to comply with the City of Carlsbad Growth Management Program. As such the project does not require any recreational facilities to be built or require the expansion of any existing facilities. Therefore, no adverse physical effect on the environment will occur as a result of this project. No impact 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? f) Result in insufficient parking capacity? Potemiallv D n Potentially Significant Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact n n D n n n n DDE1 D D D D D 17 Rev. 12/13/0? GPA 07-04/ZC Q7-04/SP 07-02^ Fenton Carlsbad Medical Center Specific Plan Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact g) Conflict with adopted policies, plans, or programs fI P""] K7j supporting alternative transportation {e.g., bus turn- — outs, bicycle racks)? a) Potentially Significant Impact. The change in land use designation of the Specific Plan, specifically lot 4 to medical office, will generate an additional 5,715 Average Daily Trips (ADT) and 793 peak-hour trips. This traffic will utilize the following roadways El Camino Real, College Boulevard, and Salk Avenue. Existing traffic on these arterials are: • El Caraino Real (College to Faraday) 21,300 ADT • College Ave (Faraday to El Camino) 8,500 ADT • Salk Avenue 8,632 ADT [Based on approved study] The design capacities of the arterial roads affected by the proposed project are: • El Camino Real - 40,000 + • College Avenue-20,000-40,000 • Salk Avenue-10,000 The project traffic would represent: • 10% of the traffic on El Camino Real • 6.8% of the traffic on College Ave • 12.75 % of the traffic on Salk Avenue These percentages would represent the existing traffic volume and the design capacity respectively. The increase in traffic is directly attributed to the change in land use of lot 4 from Planned Industrial to Office and more specifically medical office. Lots 2 and 3 are also changing land use designations from planned industrial to office but will be restricted through the Specific Plan to all office uses with the exception of medical or medical office uses. Lots 1,2. 3, and 5 traffic impacts have been previously reviewed and approved through previous projects (GPA 00-05/CT 00- 20/HDP 00-1 I/PIP 00-02 & GPA 06-01/ZC 06-OI/SDP 06-03) and subsequent traffic studies (Ventana Real Traffic Study, March 2007). No change in the previous traffic impacts will occur on these lots because the same type and intensity of land use as allowed in the Planned Industrial zone will be allowed and the restriction of land use within the Specific Plan will limit the Office uses of lots 2 and 3 to not allow any medical related uses. There is a land use change to Lot 4 from Planned Industrial to Office. There is no development proposed with this application but most likely the future development will include a medical office building from 119,000 to 150,000 square feet in size. By changing the land use arid allowing a medical office building the Specific Plan area will have significant impacts and create additional daily trips as seen in the numbers above. The proposed project would impact the existing intersection conditions of College Boulevard at El Camino Real with a Level of Service (LOS) of E during the AM peak hour. The increased intensity will also result in a delay times to the intersection of College Blvd. at Salk Avenue. This intersection by year 2020 would have a LOS of F in AM and PM peak periods. The intersections of College Blvd. at Salk Avenue and College Blvd. at El Camino Real will become impacted with intensified use and will be mitigated with signalization of College Blvd. at Salk Avenue and by increasing the left- turn capacity at both intersections. If lot 4 develops with a medical office building up to 119,000 to 150,000 SF, the applicant will be required to install: • 2-500' left-turn pockets from southbound College Blvd. to Salk Avenue (note: the applicant proposed 2 - 550' turn lanes and the City of Carlsbad Engineers determined that 2-500' turn lanes would be sufficient; • lengthen ths existing westbound El Camino Real left-turn pocket to College Blvd. from 275' to 500); • install a traffic signal and all appurtenances at the intersection of College Blvd. and Salk Avenue. 18 Rev. 12/13/07 GPA 07-04/ZC 07-04/SP 07-02) Fenton Carlsbad Medical Center Specific Plan Development of medical offices on lot 4 of the Specific Plan may have impacts to the intersection of Salk Avenue and Fermi Court in the future. As part of the projects mitigation measures the applicant will enter into a traffic Signal Improvement Agreement stating that the intersection will be monitored for a period of five years after occupancy of the medical office building and the City Engineer wiJI determine if the intersection is impacted with the intensified use then signalization would be required by the applicant. While the increase in traffic from the proposed project and land use change may be slightly noticeable, the project has been conditioned to implement circulation improvements to accommodate traffic from the project and cumulative development in the City of Carlsbad. The proposed project would not, therefore, cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system, with the proposed mitigation measures. The impacts from the proposed project are, therefore, mitigated to be less than significant The modified use of Lot 4 will result in increased project- related traffic. The impacts associated with the increase can be mitigated as described above. These mitigation measures will improve the LOS from F to B in the AM period and from LOS F to D in the PM period (see table below). Tiihlc 5 Ye.-ir 21121) .\litl!*:irc(l Inrersuctinn Level of Service Summ.nrv Peak Intersection Hour 5 College Blvd 10; Snlk Ave 5 College Blvd (fii Salk Ave 6 College Blvd ;§.; El Cnmino Real AM PM Before Mitl«iUl(in After With Prn|wt \IIIIsntion Delay1 (sec/veh) - LOS: F F 240 feet 275 feer Delay1 sec'vch) IS.U 45.4 1.100 LOS: B D feet 500 feet Improvement Signalize Intersection Increase Capacity WB left-mm Docket Increase Capacity NB left-turn pocket *um &IU ntacft indicate i«enecri«ti opcntingal LOS E or For time have significant impact*. 1 - Delay refer* M 4vera« e control Jeby icr the entire imeaeetion. aMAMtrvrf in icconjj per vehicle. ; - LOS »kulaitanar« bated on mrthwioiovy outlined in dw SH» Highway C-ifuciiy Mimil and performed iiui? TnlTrt 7.3. b) Potentially Significant Impact. SAN DAG 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: Rancho Santa Fe Road El Camino Real Palomar Airport Road SR78 LOS "A-D" "A-D" "A-D" 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 capacities of the designated roads and highway and implementation of the CMP strategies, they will function at acceptable levels of service in the short-term and at buildout. c) No Impact. The proposed project does not include any aviation components. The project went to the San Diego Airport Authority for a consistency determination on May I, 2003 and was found to be conditionally compatible with the Comprehensive Land Use Plan for the McCIellan-Palomar Airport. The project was conditioned to limit 19 Rev. 12/13/07 GPA 07-04/ZC 07-04/SP 07-01) Fenton Carlsbad Medical Center Specific Plan occupancy of public assembly uses to a maximum of 100 persons. It would not, therefore, result in a change of air traffic patterns or result in substantial safety risks. No impact assessed. d) No Impact. AH project circulation improvements will be designed and constructed to City standards; and, therefore, would not result in design hazards. The proposed project is consistent with the City's general plan and zoning. Therefore, it would not increase hazards due to an incompatible use. No impact assessed. e) No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. No impact assessed. 0 No Impact. The proposed project is not requesting a parking variance. Additionally, the project would comply with the City's parking requirements to ensure an adequate parking supply. No impact assessed. g) No Impact The project is bordered by College Blvd. to the west and El Camino Real to the east The project is served by the North County Transit District (NCTD) with bus route 309 serving El Camino Real, and bus route 325 serving College Blvd. XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Potentially Significant Impact D n Potentially Significant Unless Less Than Mitigation Significant No Incorporated Impact Impact n D n n D n n n n n n D n 20 Rev. 12/13/07 GPA Q7-04/ZC 07-04/SP 07-tm Fenton Carlsbad Medical Center Specific Plan a-g) No Impacts. The proposed medical office development (lot 4 only) will be required to comply with all Regional Water Quality Control Board Requirements. In addition, the Zone 5 LFMP anticipated that the project site would be developed with industrial/professional office (including medica!) uses and wastewacer treatment facilities were planned and designed to accommodate industrial/professional office uses on these sites. 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. Therefore, the project will not result in development that will result in a significant need to expand or construct new water facility supplies, wastewater treatment or storm water drainage facilities. Existing waste disposal services are adequate to serve the proposed medical office uses without exceeding landfill capacity, (n addition, any proposed development will be required to comply with all federal,-state, and local statues and regulations related to solid waste. No impact assessed. XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumula- tively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact D Potentially Significant Unless D Less Than Mitigation Significant Incorporated Impact No Impact D D D D a-c) No Impacts. The proposed project will not degrade the quality of the environment. The project site does not contain any sensitive fish or wildlife species. Therefore, the project will not reduce the habitat of a fish or wildlife species. The project site consists of 5 lots. Lots 2 and 3 were previously developed as industrial office buildings and lot I as medical office. Lot 4 is vacant and graded, currently undeveloped, and lot 5 is designated open space. The Specific Plan site is not identified by any habitat conservation plan as containing a protected, rare or endangered plant or animal community. The project is a land use change and therefore will not threaten a plant or animal community. In addition, there are no historic structures on the site and there are no known cultural resources on the site. The project will not result in the elimination of any important examples of California History or prehistory. San Diego Association of Governments (SAND.A.G) 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 Rev. 12/13/07 GPA 07-04/ZC 07-04/SP 07-02> Fenton Carlsbad Medical Center Specific Plan management standards, etc., are established to reduce the cumulative impacts of development in the region. All of the City's development standards and regulations are consistent with the region wide standards. The City's standards and regulations, including grading standards, water quality and drainage standard, traffic standards, habitat and cultural resource protection regulations, and public facility standards ensure that development within the City will not result in a significant cumulatively considerable impact. There are two regional issues that development within the City of Carlsbad has the potential to have a cumulatively considerable impact on. Those issues are air quality and regional circulation. As described above, the project would contribute to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, air quality would be essentially the same whether or no: the development is implemented. The County Congestion Management Agency (CMA) has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the regional circulation system. The CMA had determined, based on the City's growth projections in the General Plan, that these designated roadways will function at acceptable levels of service in the short-term and at build-out. The project is consistent with the City's growth projections, and therefore, the cumulative impacts from the project to the regional circulation system are less than significant. With regard to any other potential impacts associated with the project, City standards and regulations will ensure that any future development of the sites will not result in any significant cumulatively considerable impacts. Based upon the projects criteria and the fact that any future development within the Specific Plan area will comply with City standards, the project will not result in any direct or indirect substantial adverse environmental effects on human beings. XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR .or negative declaration. Section l5063(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. fa) 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. 22 Rev. 12/13/07 GPA Q7-Q4/ZC Q7-04/SP 07-02) Fenton Carlsbad Medical Center Specific Plan 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, dated March 1994. 3. Citv 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. Storm Water Management Plan. Fenton Carlsbad Research Center (GPA 06-01). Chang Consultants, March 3,2006. 6. Traffic Impact Analysis Ventana Real Project. Willdan, March 13,2006. 7. Update Geotechnical Investigation. Carlsbad Tract 00-20. Carlsbad. California. Geocon Incorporated, April 22,2004. 8. McClellan-Palomar Airport Comprehensive Land Use Plan. 23 Rev. 12/13/07 GPA 07-Q4/ZC 07-04/SP 07-02) Fenton Carlsbad Medical Center Specific Plan LIST OF MITIGATING MEASURES To mitigate potentially significant project impacts, the following mitigation measures shall be applied to the development of the proposed project: Transportation/Circulation: 1. Prior to the issuance of a grading permit or building permit on lot 4, whichever occurs first, developer shall install and secure with appropriate security as provided by law, a traffic signal, including ail appurtenances and traffic signal interconnect conduit and cable, at the intersection of College Boulevard and Saik Avenue to City Standards to the satisfaction of the City Engineer. The Developer may request that a reimbursement agreement for the cost of this facility over their fair share be processed. If a reimbursement agreement is requested it shall be approved prior to approval of the improvement plan for the signal. 2. Prior to the issuance of a grading permit or building permit on lot 4, whichever occurs first, developer shall install and secure with appropriate security as provided by law public improvements as listed below to City Standards to the satisfaction of the City Engineer. These improvements include: a) Extending the westbound El Camino Real left turn lane to College Boulevard to a total length of 500 feet. b) New 500-foot dual left turn lanes from southbound College Boulevard to Salk Avenue. 3. Prior to the issuance of a grading permit or building permit on lot 4, whichever occurs first, developer shall execute a Traffic Signal Development Improvement Agreement to design and install and post appropriate security as provided by law, a new fully actuated traffic signal including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of Salk Avenue and Fermi Court, constructed to the satisfaction of the City Engineer. 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 for lot 4 within this Development. 24 Rev. 12/13/07 GPA 07-04/ZC Q7-04/SP 07-021 Fenton Carlsbad Medical Center Specific Plan APPLICANT CONCURRENCE WITH MITIGATION ERASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date 25 Rev. 12/13/07 Page 1 of 2 PROJECT NAME: SPECIFIC PLAN FENTON CARLSBAD MEDICAL CENTER FILE NUMBERS: GPA 07-04/ZC 07-04/SP 07-02 APPROVAL DATE: 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 Monitoring Department Shown on Plans Verified Implementation Remarks 1. Prior to the issuance of a grading permit or building permit on lot 4, whichever occurs first, developer shall install and secure with appropriate security as provided by law, a traffic signal, including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of College Boulevard and Salk Avenue to City Standards to the satisfaction of the City Engineer. The Developer may request that a reimbursement agreement for the cost of this facility over their fair share be processed. If a reimbursement agreement is requested it shall be approved prior to approval of the improvement plan for the signal. Project Engineering No 2. Prior to the issuance of a grading permit or building permit on lot A, whichever occurs first, developer shall install and secure with appropriate security as provided by law public improvements as listed below to City Standards to the satisfaction of the City Engineer. These improvements include: a) Extending the westbound El Camino Real left turn lane to College Boulevard to a total length of 500 feet. . Project Engineering No Explanation of Headings: Type = P/oject, 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 lias 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 2 Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks b) New 500-foot dual left turn lanes from southbound College Boulevard to Salk Avenue. 3. Prior to the issuance of a grading permit or building permit on lot 4, whichever occurs first, developer shall execute a Traffic Signal Development Improvement Agreement to design and install and post appropriate security as provided by law. a new fully actuated traffic signal including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of Salk Avenue and Fermi Court, constructed to the satisfaction of the City Engineer. 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 for lot 4 within this Development. On-going (5 year period) Engineering No Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Oept. = 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 RO - Appendix P. EXHIBIT 2 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO 4 THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 07-04, ON THREE LOTS FROM PLANNED INDUSTRIAL (P-M) TO OFFICE 5 (O), ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO REAL BETWEEN COLLEGE BOULEVARD 6 AND FARADAY AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 5. 7 CASE NAME: FENTON CARLSBAD CENTER SPECIFIC PLAN CASE NO.: ZC 07-04 8 WHEREAS, the City Council did on the 7i-h day ofOctober . hold a duly 1 „ noticed public hearing as prescribed by law to consider said request; and WHEREAS, said application constitutes a request for a Zone Change as shown 12 on Exhibit "ZC 07-04 - Fenton Carlsbad Center Specific Plan," dated July 16, 2008, attached 13 hereto and made a part hereof; and 14 WHEREAS at said public hearing, upon hearing and considering all testimony 15 and arguments, if any, of all persons desiring to be heard, said City Council considered all 16 factors relating to the ZC 07-04 - Fenton Carlsbad Center Specific Plan. 17 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as 18 follows: 19 SECTION I: That section 21.50.030 of the Carlsbad Municipal Code, being the 20 zoning map, is amended as shown on the map marked "ZC 07-04 - Fenton Carlsbad Center 21 Specific Plan," dated July 16, 2008, attached hereto and made a part hereof. 22 SECTION II: That the findings and conditions of the Planning Commission in 23 Planning Commission Resolution No. 6433 shall also constitute the findings and conditions of 24 the City Council. 25 EFFECTIVE DATE: This ordinance shall be effective thirty days after its26 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation the City of Carlsbad within fifteen days after its adoption. 1 INTRODUCED AND FIRST READ at the regular meeting of the Carlsbad City 2 Council on the 7tb day ofOctober . 2008, and thereafter. 3" 4 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council 5 of the City of Carlsbad, California, held on the day of , 2008, by the 6 following vote, to wit: 7 AYES: 8 NOES: 9 ABSENT: 10 ABSTAIN: 11 12 APPROVED AS TO FORM AND LEGALITY 13 " 14 15 RONALD R. BALL, City Attorney 16 17 18 CLAUDE A. LEWIS, Mayor 19 ATTEST: 20 21 22 LORRAINE M. WOOD, City Clerk 23 (SEAL) 24 25 26 27 28 -2- FENTON CARLSBAD CENTER SPECIFIC PLAN - ZC 07-04 July 16, 2008 Draft £3 final D R-A-10000 I M-Q I ^vN>j i f°R~ EXISTING PROPOSED Related Case File No(s): GPA 07-04/ZC 07-04/SP 07-02 Zoning Designation Changes Property A. B. C. D. E. F. G. 212-021-02 212-021-03 212-021-04 From: P-M P-M P-M To: 0 0 0 EXHIBIT 3 1 ORDINANCE NO. CS-012 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, ADOPTING THE FENTON CARLSBAD CENTER SPECIFIC PLAN (SP 07-02) ON 4 PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO REAL BETWEEN COLLEGE BOULEVARD AND 5 FARADAY AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 5. 6 CASE NAME: FENTON CARLSBAD CENTER SPECIFIC PLAN CASE NO.: SP 07-02 7 WHEREAS, the City Council did on the 7i-b day of Octoberhold a duly 8 noticed public hearing as prescribed by law to consider said request; and 10 WHEREAS, said application constitutes a request for a Specific Plan as shown j j on "Fenton Carlsbad Center Specific Plan (SP 07-02)," dated July 2008, attached hereto and 12 made a part hereof; and 13 WHEREAS at said public hearing, upon hearing and considering all testimony 14 and arguments, if any, of all persons desiring to be heard, said City Council considered all 15 factors relating to the Fenton Carlsbad Center Specific Plan (SP 07-02). 16 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as 17 follows: 1 818 SECTION I: That Fenton Carlsbad Center Specific Plan (SP 07-02) dated July 19 2008, on file in the Planning Department and attached hereto and incorporated by reference 20 herein, is approved. The Fenton Carlsbad Center Specific Plan (SP 07-02) shall constitute the 21 development plan for the plan area and all development within the plan area shall conform to the 22 plan. 23 SECTION II: That the findings and conditions of the Planning Commission in 24 Planning Commission Resolution No. 6434 shall also constitute the findings and conditions of the City Council. 27 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 2g adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. 1 INTRODUCED AND FIRST READ at the regular meeting of the Carlsbad City 2 Council on the 7tb day ofOctober2008, and thereafter. 3" 4 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council 5 of the City of Carlsbad, California, held on the day of , 2008, by the 6 following vote, to wit: 7 AYES: 8 NOES: 9 ABSENT: 10 ABSTAIN: 11 12 APPROVED AS TO FORM AND LEGALITY 13 14 RONALD R. BALL, City Attorney 15 16 17 CLAUDE A. LEWIS, Mayor 18 ATTEST: 19 20 LORRAINE M. WOOD, City Clerk 21 (SEAL) 22" 23 24 25 26 27 28 Fenton Carlsbad Center SPECIFIC PLAN 07-02 Prepared for: H.G. Fenton 7577 Mission Valley Road, Suite 200 San Diego, CA92108 City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Prepared by: Hofman Planning & Engineering 3152 Lionshead Avenue Carlsbad, CA 92010 Approved August 20, 2008 by Planning Commission Resolution (6434) And , 2008 by City Council Ordinance (XXX) (A 48.54 acre medical/office complex on the north and south sides of Salk Ave. between College Boulevard and El Camino Real) July 2008 TABLE OF CONTENTS INTRODUCTION A. PURPOSE AND SCOPE 3 B. LOCATION AND PLANNING AREA INFORMATION 3 C. HISTORY 4 D. REGULATORY SPECIFIC PLAN 4 E. CONSISTENCY WITH THE GENERAL PLAN AND PLANS OF OTHER JURISDICTIONS 8 //. LAND USES A. PERMITTED USES 9 1. AREA 1 9 2. AREA 2 10 3. AREA 3 13 B. LAND USE STANDARDS AND DESIGN REGULATIONS 13 ///. INFRASTRUCTURE PLAN AND IMPLEMENTA TION MEASURES 14 IV. RELATIONSHIP OF THE SPECIFIC PLAN'S ENVIRONMENTAL DOCUMENT TO SUBSEQUENT DISCRETIONARY PROJECTS 75 V. SPECIFIC PLAN ADMINISTRATION 75 A. GENERAL NOTES 15 B. MITIGATION MEASURES 15 LIST OF FIGURES Figure 1: Regional Context 5 5 Figure 2: City Context 6 Figure 3: Land Use Plan 7 July 2008 I. INTRODUCTION A. PURPOSE AND SCOPE The purpose of this Fenton Carlsbad Center Specific Plan (FCCSP) is to address the need for a full mix of office and medical facilities within Carlsbad, to serve both residents and the daily workforce. In doing so, the plan aims to achieve an objective of the City of Carlsbad's General Plan by reflecting the cultural values of the community. Some important values are maintaining a jobs-housing balance, providing for a healthy lifestyle, including the provision of services for adequate health care needs, and providing those who live and work in the City of Carlsbad, the right to convenient and readily accessible health care. FCCSP only seeks to define the allowable type of land uses and does not provide development standards or design standards above and beyond those of the Office Zone; the plan does include several implementation measures that future projects will need to comply with in addition to those of the base zone. The FCCSP is adopted pursuant to the provisions of Government Code Sections 65450 et. seq. and the Land Use Element of the City of Carlsbad General Plan. B. LOCATION AND PLANNING AREA INFORMATION The Fenton Carlsbad Center Specific Plan area is located on Salk Avenue, between El Camino Real and College Boulevard. Direct access to the properties will be from Salk Avenue. The 48.54 acre area is located entirely within the boundary of Local Facilities Management Zone 5. The plan area is described as Lots 1 through 5 of Carlsbad Tract 00-20, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 15253, filed in the Office of the Recorder of San Diego County, January 30, 2006. The size of the lots and the three land use areas of the FCCSP are listed below: • Area 1 (13.26 acres) o Lot 1 is 3.47 acres. o Lot 4 is 9.79 acres. • Area 2 (14.69 acres) o Lot 2 is 9.78 acres. o Lot 3 is 4.91 acres. • Area 3 (20.59 acres) o Lot 5 is 20.59 acres. The plan area (shown in Exhibits 1, 2 and 3) is centrally located to Carlsbad's employment center, yet it is situated on the periphery of the industrial zone in proximity to residential areas to the east and to the north. Additionally, the plan area is approximately 4,000 feet north of McClellan-Palomar Airport within the Airport Influence Area and Flight Activity Zone, but outside the 60 dBA CNEL noise contour, as shown in the Airport Land Use Compatibility Plan for the McClellan-Palomar Airport, amended July 2008 October 4, 2004. A regional map depicting the location of the property within the County and a city context map presenting the location of the property within the City of Carlsbad are provided in Exhibits 1 and 2 on pages 5 and 6 respectively. The boundaries of the FCCSP, and each land use area within the plan, are shown in Exhibit 3 on page 7. C. HISTORY The Fenton Carlsbad Medical Center, formerly the Fox Miller Property, was subdivided and graded into five lots under CT 00-20 in 2002. Lots 1 through 4 were zoned PM for industrial use and Lot 5 was zoned as open space (OS). In 2006, Lot 1 of the FCMC was rezoned from Planned Industrial (PM) to Office (O) under GPA 06-01/ZC 06-017 SDP 06-03. SDP 06-03 allowed for the construction of a two-story 40,655 square foot Medical Office building on Lot 1. This specific plan is being prepared in conjunction with a General Plan Amendment and Zone Change that will change uses in the FCCSP area from Planned Industrial to Office. The FCCSP limits medical uses to lots 1 and 4 of the FCCSP. The following are past approvals related to the FCCSP area: • GPA 00-05/ZC 00-07/CT 00-20/PIP 00-02/HDP 00-11/SUP 00-10 • GPA 06-01/ZC 06-017 SDP 06-03 • PIP 04-03/SUP 04-11 • PIP 06-06 D. REGULATORY SPECIFIC PLAN The FCCSP is a regulatory document that only manages land uses. It is not a policy document, and does not introduce any new policy objectives. The plan provides for a mix of office uses and proportional amount of medical office uses within the city's central employment area and also within close proximity to residentially zoned areas. July 2008 COUNTYRIVERSIDE WUP PENOUTON °™tof>°* (U . S . U . C .) Warner Springsmean Valley Center oBorrego Springs Oeeonside C PROJECT LOCATION F Leucodio Encinitas Cardiff Solana BeochQ oRancha Santo Fe 0 Mesa^Gronde Santa Ysobel Scissors Crossing\ ° Olivenhain o Agua Cafiente Spring Oescanso o Mount V oCuoJoy Loguno Pacific Beac Mission Beach Ocean Be NaUonal City Chula Vista Imperial Beach NOT TO SCALE FIGURE REGIONAL MAP FENTON CARLSBAD CENTER SPECIFIC PLAN Hofman Planning & Engineering Perpared 2-15-08 NOT TO SCALE CITY OF OCEANSIDE CITY OF VISTA CITY OF SAN MARCOS PACIFIC OCEAN CJTY OF ENCINITAS FIGURE 2. VICINITY MAP Perpared 2-15-08 FENTON CARLSBAD CENTER SPECIFIC PLAN Hofman Planning & Engineering BEST COPY SCALE 1" » SOff FIGURE 3, LAND USE PLAN FENTON CARLSBAD CENTER SPECIFIC PLAN SPECIFIC PLAN BOUNDARY MM AREAl 13.256 AC SSI AREA 2 14.690 AC iHU AREA 3 20.590 AC Hofman Planning & Engineering Perpared 2-15-08 SSSrtWflT"[7tO)Wi-tl(» E. CONSISTENCY WITH THE GENERAL PLAN AND PLANS OF OTHER JURISDICTIONS Lots 1-4 of the plan area are designated in the City of Carlsbad's General Plan as Office and Related Commercial (O) and Lot 5 is designated Open Space (OS). The Fenton Carlsbad Center Specific Plan is consistent with the eight elements of the Carlsbad General Plan. The plan allows a full mix of office uses and limited area for medical offices (Lots 1 and 4) in an area that is zoned and planned for similar planned industrial uses, and provides for the continued use and protection of open space on Lot 5. The following highlights some of the major General Plan goals applicable to the Fenton Carlsbad Center Specific Plan. 1. Land Use Element a. Commercial development to serve the employment and service needs of Carlsbad residents. The specific plan will meet this requirement by allowing development of medical/professional office services to serve as an employment base for both the community and the region in close proximity to housing, and to provide residents and persons employed locally with conveniently located services. 2. Circulation Element a. Adequate circulation infrastructure to serve the projected population. The existing Salk Avenue, College Boulevard and El Camino Real roadways and intersections are adequate in capacity to handle the traffic generated by Office use, and specifically medical office use within Area 1 (Lots 1 and 4 in Figure 3), with the implementation of traffic mitigation improvements detailed in the implementation section of this plan. 3. Noise Element a. Comply with the City policy that 55 Leq (h) dBA is the maximum interior noise level for general office uses. The uses within the plan area will comply with interior noise standards, through the requirement to submit a letter from an acoustician detailing how specific construction measures attenuate the interior noise environment to 55 Leq (h) dBA or lower. July 2008 This plan implements the General Plan in conjunction with the Office and Open Space Zoning classifications of the area. The permitted uses are primarily those specifically referenced in Section II of this document. The provisions of the Office Zone (e.g. development standards, development permit requirements, etc.) and any amendments to it apply to the topics that are not covered in this plan. Approval of this plan does not vest any rights for future approvals of any licenses, discretionary acts or other entitlements necessary for future development in the plan area. Subsequent public works projects, tentative or parcel maps, discretionary acts, and zoning ordinances that affect the plan area must be consistent with the FCCSP. Pre-existing tentative or parcel maps, discretionary acts (e.g., Site Development Plans, Planned Industrial Permits, grading permit, etc.), ministerial acts (e.g., building permits, etc.) are deemed consistent with the FCCSP. The FCCSP area is located within the Airport Influence Area and Flight Activity Zone of the Airport Land Use Compatibility Plan for the McClellan-Palomar Airport (ALCUP). A mix of office and medical office uses allowed under the FCCSP is consistent with compatibility requirements of the existing Airport Land Use Compatibility Plan for the McClellan-Palomar Airport, as amended October 4, 2004, because of the area's location well outside the 60 CNEL dB noise contour. This airport plan is in the process of being revised and modified, and the FCCSP contains a requirement that all future development permits be consistent with the airport plan in effect at the time of the application for development permit. FCCSP was considered at the May 1, 2008 San Diego Airport Authority hearing and found to be conditionally consistent with the ALCUP. The Airport Authority conditioned the plan not to allow intensive development nor uses which involve the assembly of large groups of people (more than one hundred (100) persons per assembly area (as defined by the California Building Code Group A Occupancy). II. LAND USES The Fenton Carlsbad Center Specific Plan does not seek to introduce new uses, however it will not provide for medical uses in Area 2 (Lots 2 and 3) of the plan. A. PERMITTED USES This section outlines the allowed office uses in Areas 1 through 3 of the plan area, no development or design standards are proposed. All development in the O Zone, except child day care centers, shall require approval of a site development plan processed according to the provisions of Chapter 21.06 of the Carlsbad Municipal Code. 1. AREA 1 (LOTS 1 & 4) All uses allowed in the underlying Office zone, which includes medical offices, are permitted in Area 1 (Lots 1 and 4). Additionally permitted appurtenant uses such as a cafeteria, flower or gift shop, and any other accessory uses determined by the Planning Director as relating to a primary use of medical offices, medical clinic July 2008 and/or medical complex. Up to 150,000 square feet of medical offices/complex /clinic are permitted on Lot 4 and up to 47,000 square feet on Lot 1, provided that parking is consistent with the requirements of Chapter 21.44 of the Carlsbad Municipal Code. The maximum size of any future development of Lots 1 and 4 with offices allowed in the O Zone, other than medical offices, would be subject to the development standards of the O Zone. 2. AREA 2 (LOTS 2 & 3) Area 2 (Lots 2 and 3) uses consist of P-M Zone listed office uses that are not directly listed in the O Zone and all uses allowed in the underlying Office zone, excluding dentists, doctors, chiropractors and incidental related uses such as pharmacies (prescription only), biochemical, X-ray laboratories, medical offices, clinics and hospitals. The underlying Office zone "administrative and executive offices / offices business and professional" uses and PM Zone office uses include, but are not limited to: • Accessory uses and structures where related and incidental to a permitted use • Advertising-direct mail • Agricultural consultants • Airlines Offices, general offices • Air courier services • Audio visual services • Answering bureaus • Appraisers • Arbitrators • Banks and other financial institutions without drive-thru facilities • Billing service • Blueprinters • Book publishing • Bookbinding • Building inspection services • Burglar alarm systems • Business offices for professional and labor organizations • Bookkeeping services • Building designers • Business consultants • Civil Engineers • Child day care center (2) • Computer service (time-sharing) • Computer systems • Corporate travel agencies and bureaus • Collection agencies • Commodity brokers • Communications consultants 10 July 2008 Computer programmers Construction manager Credit rating service Diamond and gold brokers Data communication service Data processing service Data systems consultants Display designers Display services Drafting service Economics research Educational consultants Educational research Electronics consultants Electric contractors Environmental services Energy management consultants Engineering offices Escrow service Estimators Executive recruiting consultants Executive training consultants Executive search office Export and import consultants Fire protection consultants Financial planners and consultants Foreclosure assistance Foundation-educational research Franchise services Fund-raising counselors Gemologist Geophysicist Government contract consultants Government facilities and offices Governmental agencies Graphic designers Hotels and motels (2) Human service organization Human factors research and development Importers Incorporating agency Industrial medical (workers comp) Information bureaus Interior decorators and designers (no merchandise storage) Investigators Investment advisory 11 July 2008 Investment securities Leasing services Lecture bureaus Literary agents Magazine subscription agents Mailing list service Management consultants Manufacturer's agents Marketing research and analysis Message receiving service Mutual funds Newspaper/periodical printing (2) On-site recreational facilities intended for the use of employees of the office zone Patent searchers Pension and profit sharing plans Personal service bureau Product development and marketing Public relations services Public utilities companies Publicity services Publishers' representatives Printing services Radio communications Recording services Relocation service Repossessing service Retail uses (2) Retirement planning consultants Safety consultants Sales training and counseling Satellite antennas (1) Searchers of records Security firms Security systems Sound system consultants Space planning consultants Storage, wholesale and distribution facilities Surveyors Tax service and consultants Telephone cable companies Telephone systems Translators and interpreters Tour operators Trademark consultants Trust companies 12 July 2008 • Any other administrative, executive, business and professional offices (excluding medical uses as listed above) 1 = Administrative hearing process 2 = Planning Commission hearing process 3. AREA 3 (LOT 5) This 20.59 acre area was previously established as an open space preserve for the preservation of natural habitat, particularly the Brodiaea Filifolia (Threaded Leaved Brodiaea), consistent with the City of Carlsbad's Habitat Management Plan. Use of Area 3 remains restricted to existing open space / habitat, and there are no development rights in this area of the plan. B. LAND USE STANDARDS AND DESIGN REGULATIONS No land use regulations or design standards beyond those of the underlying office zone and other associated, applicable local regulations (e.g., subdivision, etc.) are imposed by this plan. However, site and architectural design concepts for both areas 1 and 2 are described below. 1. The siting of buildings within the Fenton Carlsbad Medical Center should capture the available views from the property. Changes in massing and articulation of each building should highlight its public entry. All sides of the building facade should receive equal design attention. A building's exterior finish materials should include a generous amount of glass; smooth texture finishes such as plaster, pre-finished metal or concrete, and stone or masonry. Masonry may be utilized as a contrasting or complementary material to other hard surface materials such as glass or metal panels that may be used on the building. Masonry materials may include brick, stone, tile, or architectural concrete block (such as burnished, split face or ribbed block). The materials selected should be consistent with the character of a corporate office building and consistent with the existing buildings in the Carlsbad Research Center. 3. As the buildings may be viewed from above, a neat and clean roof appearance is important. Any roof mounted equipment should be screened and architecturally integrated with the building elements. 13 July 2008 4. Development of each lot should offer pedestrian-oriented site amenities. Pedestrian walkways, plazas and outdoor seating/eating areas, with shade structures, are encouraged throughout the site. Pedestrian and vehicular access to the lots, once off Salk Avenue, should afford a variety of, and continuously changing, view corridors to the new buildings. Trees and other shading elements should provide cover for the parking area as well as the pedestrian access to the building. 5. On-site enclosures such as for trash/recycling, mechanical equipment, or above-grade parking structures should blend into the site environment and be designed in a manner that is architecturally compatible with the primary building in exterior finishes. Shading of the top level of a parking structure should be considered through the use of tree planters or trellis structures. 6. Design and development of Lot 2 is regulated by PIP 04-03 and SUP 04- 11. To the extent that the language, above, conflicts with the provisions of these earlier approvals, the PIP and SUP shall prevail. III. INFRASTRUCTURE PLAN AND IMPLEMENTATION MEASURES The infrastructure improvements planned for and approved as part of Local Facilities Management Zone 5 and the City of Carlsbad Capital Improvement Plan, remain applicable and satisfactory for the FCCSP for all categories except for traffic circulation. FCCSP allows for and encourages the development of medical offices in Area 1 (lots 1 and 4) of the plan area. If medical offices, which have higher traffic generation rates than other types of offices, develop in this plan area, traffic circulation improvements will be necessary, as detailed below. Implementation of the specific plan shall occur through the adherence of future development proposals to the permitting requirements and development standards of the underlying zoning (Office Zone) and all other applicable requirements of the Carlsbad Municipal Code (e.g., Titles 19, 20, 21, etc.). Additionally, all future requests for development, whether administrative or discretionary, within the plan area shall comply with the following in addition to the traffic mitigation measures identified in this plan: • Provide a letter from an acoustician detailing how specific construction measures attenuate the interior noise environment to 55 Leq (h) dBA or lower; • Comply with the requirements of whichever Airport Land Use Compatibility Plan for McClellan-Palomar Airport is in effect at the time of subsequent 14 July 2008 development permit application. FCCSP was considered at the May 1, 2008 San Diego Airport Authority hearing and found to be conditionally consistent with the ALCUP. The Airport Authority found the Specific Plan consistent that the plan not to allow intensive development and all uses which involves the assembly of large groups of people (more than one hundred (100) persons per assembly area (as defined by the California Building Code Group A Occupancy). • Comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) (e.g., provision of Best Management Practices and Low Impact Development requirements) that are current at the time of project application. IV. RELATIONSHIP OF THE SPECIFIC PLAN'S ENVIRONMENTAL DOCUMENT TO SUBSEQUENT DISCRETIONARY PROJECTS A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) for the Fenton Carlsbad Center Specific Plan has been prepared for the Specific Plan area. The approved development permits/rights for Lots 1, 2, and 3 of the plan area remain unaffected by the FCCSP and associated MND and MMRP. Subsequent discretionary development applications for Lot 4 may require additional environmental review, primarily focused on potential traffic impacts, specifically if site design and land uses result in greater impacts (medical office) than discussed in the associated technical studies supporting the MND and MMRP. V. SPECIFIC PLAN ADMINISTRATION As contained in Section 65450, et. seq. of the California Government Code, the FCCSP shall be amended in the same manner as a general plan, except that a specific plan may be adopted by resolution or by ordinance and may be amended as often as deemed necessary by the legislative body. The FCCSP may not be amended unless the proposed amendment is consistent with the City of Carlsbad's General Plan. Additionally, amendment of the FCCSP shall be subject to the local requirements of Chapter 21.52 of the Carlsbad Municipal Code. A. GENERAL NOTES The developer(s) shall be responsible for implementing the mitigation measures which are based on the Fenton Carlsbad Center Specific Plan Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. Where questions arise regarding the interpretation of this Specific Plan, the Planning Director shall resolve them in a manner consistent with the Municipal Code, adopted City plans, and City policy. Such decisions by the Planning Director may be appealed to the Planning Commission and City Council. B. MITIGATION MEASURES 15 July 2008 1. Traffic /. Prior to the issuance of a grading permit or building permit on lot 4, whichever occurs first, developer shall install and secure with appropriate security as provided by law, a traffic signal, including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of College Boulevard and Salk Avenue to City Standards to the satisfaction of the City Engineer. The Developer may request that a reimbursement agreement for the cost of this facility over their fair share be processed. If a reimbursement agreement is requested it shall be approved prior to approval of the improvement plan for the signal. ii. Prior to issuance of a grading or building permit on lot 4, whichever occurs first, developer shall install and secure with appropriate security as provided by law public improvements listed below to City Standards to the satisfaction of the City Engineer. These improvements include: 1. Extending the westbound El Cam/no Real left turn lane to College Boulevard to a total length of 500 feet. 2. New 500-foot dual left turn lanes from southbound College Boulevard to Salk Avenue. Hi. Prior to the issuance of a grading or building permit on lot 4, whichever occurs first, developer shall execute a Traffic Signal Development Improvement Agreement to design and install and post appropriate security as provided by law, a new fully actuated traffic signal including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of Salk Avenue and Fermi Court, constructed to the satisfaction of the City Engineer. 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 valid for a period of 5-years after the last building permit has been issued for lot 4 within this development. 2. San Diego Regional Airport Authority As the project involves a General Plan Amendment, the project was submitted to the San Diego County Regional Airport Authority (SDCRAA) for a determination of consistency with the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) on May 1, 2008. The SDCRAA adopted Resolution 2008-0018 ALUC finding the project conditionally consistent with the ALUCP. The condition added was the restriction that all assembly areas within the proposed project that are located within the FAZ be limited (as defined by the Uniform Building Code Group A Occupancy) to no more than one hundred (100) persons per assembly area in order to be consistent with FAZ guidelines in the McClellan- Palomar Airport ALUCP. 16 July 2008 EXHIBIT 4 SITEMAP NOT TO SCALE Fenton Carlsbad Medical Center Specific Plan GPA 07-04/ZC 07-04/SP 07-02 EXHIBIT 5 1 PLANNING COMMISSION RESOLUTION NO. 6431 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION 4 AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE FENTON CARLSBAD CENTER SPECIFIC PLAN PROJECT ON PROPERTY GENERALLY 6 . LOCATED ON THE WEST SIDE OF EL CAMINO REAL BETWEEN COLLEGE BOULEVARD AND FARADAY 7 AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: FENTON CARLSBAD CENTER 8 SPECIFIC PLAN 9 CASE NO.: GPA 07-04/ZC 07-Q4/SP 07-02 10 WHEREAS, Fenton Carlsbad Research Center, LLC, "Developer/Owner," has 11 filed a verified application with the City of Carlsbad regarding property," described as: 12 Lot 1 through Lot 5 of Carlsbad Tract 00-20, in the City of 13 Carlsbad, County of San Diego, State of California, According to the Map Thereof No. 15253, Filed in the Office of the 14 County Recorder of San Diego County, January 30,2006 15 ("the Property"); and WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and 17 Reporting Program was prepared in conjunction with said project; and 18 WHEREAS, the Planning Commission did on July 16, 2008, August 6, 2008, 20 and August 20, 2008, hold a duly noticed public hearing as prescribed by law to consider said 21 request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony 23 and arguments, examining the initial study, analyzing the information submitted by staff, and 24 considering any written comments received, the Planning Commission considered all factors 25 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 26 27 Program. 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Planning 3 Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Exhibit 4 "MND," according to Exhibits "NOI," and "PII," attached hereto and made a part , hereof, based on the following findings: 5 Findings; 7 1. The Planning Commission of the City of Carlsbad does hereby find: o a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, the environmental impacts therein identified for this project and any comments thereon prior to I o RECOMMENDING APPROVAL of the project; and II b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental 13 Protection Procedures of the City of Carlsbad; and 14 c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and 15 ., d. based on the EIA Part II and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 17 2. The Planning Commission hereby finds that the Program is designed to ensure that 18 during project implementation the Developer and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in 19 the CEQA Findings and the Program. 20 21 22 23 24 25 26 27 28 PCRESONO. 6431 -2- I c -1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on August 20,2008, by the following vote, to wit: AYES: NOES: Commissioners Baker, Boddy, Cardosa, Douglas, Montgomery, and Chairperson Whitton ABSENT: Commissioner Dominguez ABSTAIN: -RANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PCRESON0.6431 -3- 1 PLANNING COMMISSION RESOLUTION NO. 6432 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A GENERAL PLAN AMENDMENT TO 4 CHANGE THE GENERAL PLAN LAND USE DESIGNATION , FROM PLANNED INDUSTRIAL TO OFFICE ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF EL 6 CAMINO REAL BETWEEN COLLEGE BOULEVARD AND FARADAY AVENUE IN LOCAL FACILITIES 7 MANAGEMENT ZONE 5. CASE NAME: FENTON CARLSBAD CENTER 8 SPECIFIC PLAN 9 CASE NO.: GPA 07-04 10 WHEREAS, Fcnton Carlsbad Research Center, LLC, "Developer/Owner," has 11 filed a verified application with the City of Carlsbad regarding property," described as: 12 Lot 1 through Lot 5 of Carlsbad Tract 00-20, in the City of 13 Carlsbad, County of San Diego, State of California, According to the Map Thereof No. 15253, Filed in the Office of the 14 County Recorder of San Diego County, January 30,2006 15 ("the Property"); and WHEREAS, said verified application constitutes a request for a General Plan 17 Amendment as shown on Exhibit "GPA 07-04" dated August 20, 2008, attached hereto and on 18 file in the Carlsbad Planning Department, FENTON CARLSBAD CENTER SPECIFIC 2Q PLAN - GPA 07-04, as provided in Government Code Section 65350 et. seq. and Section 21 21.52.160 of the Carlsbad Municipal Code; and 22 WHEREAS, the Planning Commission did, on July 16, 2008, August 6, 2008, 23 and August 20, 2008, hold a duly noticed public hearing as prescribed by law to consider said 24 request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony 26 27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 28 relating to the General Plan Amendment. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad, as follows: 3 A) That the above recitations are true and correct. 4 - B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of FENTON CARLSBAD CENTER 5 SPECIFIC PLAN - GPA 07-04, based on the following findings: 7 Findings: 8 1. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated July 16,2008, including, but not limited to the following: 10 Land Use: The project proposes a General Plan Amendment from Planned 11 Industrial (PI) to Office (O) and a Specific Plan (SP) to allow for the development of medical office and general office uses on lots 1 and 4 and 12 general office uses on lots 2 and 3. The proposed Office Land Use designation would be compatible with adjacent Planned Industrial Office and Open Space land uses and promote the General Plan Land Use goal which provides for 14 land uses which through their arrangement, location, and size, support and enhance the economic viability of the community. 15 Land Use: The project is not adjacent to the McClellan-Palomar Airport, is 16 not subject to the height limitations in the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP), is located outside the 60 dB CNEL noise contour, is outside the Runway Protection Zone, and has been determined to I g be consistent, as conditioned, with the McClellan-Palomar Airport ALUCP by the San Diego County Regional Airport Authority on May 1,2008. 19 Circulation: The proposed Office Land Use designation would not result in any 20 unavoidable adverse traffic impacts to the area. Future development of lot 4 within the proposed Specific Plan area will implement identified circulation improvements to mitigate for any possible traffic impacts to Salk Avenue, 22 College Boulevard, and El Camino Real. The project is consistent with the applicable policies and programs of the General Plan. 23 Open Space and Conservation: The Specific Plan will continue to preserve lot 5 24 as Open Space consistent with the adopted Habitat Management Plan. 25 2. 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 27 degree of the exaction is in rough proportionality to the impact caused by the project. 28 PC RESO NO. 6432 -2- Conditions: 2 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 3 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 4 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this General Plan Amendment. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the General Plan Amendment documents, as necessary to make them internally consistent and in conformity with the final action on the project. 10 Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval shall require an amendment to this approval. 11 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment 14 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 15 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 17 Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 18 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this General Plan Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or 21 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 22 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 24 approval is not validated. 25 6. This approval is granted subject to the approval of Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approval of ZC 07-04, and SP 26 07-02 and is subject to all conditions contained in Planning Commission Resolutions No. 6431,6433, and 6434 for those other approvals incorporated herein by reference. 28 PC RESO NO. 6432 -3- • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on August 20,2008, by the following vote, to wit: AYES: NOES: Commissioners Baker, Boddy, Cardosa, Douglas, Montgomery, and Chairperson Whitton ABSENT: Commissioner Dominguez ABSTAIN: TRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6432 -4- FENTON CARLSBAD CENTER SPECIFIC PLAN - SP 07-04 July 16,2008 . Draft gj final Q EXISTING PROPOSED Rfriaied case File NOO): GPA 07-o-Ji'zc Q7-(Mf8P 07-02 Carers Plan Map C~£iaralion C-nanges PtOKflV A. 9- W-, D. £ 2t2-321-02 212-D21-03 2t2-321-04 Frsm: P! P! Pf To: 0 0 0 1 PLANNING COMMISSION RESOLUTION NO. 6433 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM PLANNED 4 INDUSTRIAL (P-M) TO OFFICE (O) ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO REAL BETWEEN COLLEGE BOULEVARD AND 6 FARADAY AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 5. 7 CASE NAME: FENTON CARLSBAD CENTER SPECIFIC PLAN 8 CASE NO: ZC 07-04 9 WHEREAS, Fenton Carlsbad Research Center, LLC, "Developer/Owner," has 10 filed a verified application with the City of Carlsbad regarding property," described as: Lot 1 through Lot 5 of Carlsbad Tract 00-20, in the City of Carlsbad, County of San Diego, State of California, According 13 to the Map Thereof No. 15253, Filed in the Office of the County Recorder of San Diego County, January 30,2006 14 ("the Property"); and 1, WHEREAS, said application constitutes a request for a Zone Change as shown on 17 Exhibit "ZC 07-04" dated August 20, 2008, attached hereto and on file in the Planning 18 Department, as FENTON CARLSBAD CENTER SPECIFIC PLAN - ZC 07-04, as provided 19 by Chapter 21.52 of the Carlsbad Municipal Code; and 20 WHEREAS, the proposed Zone Change - ZC 07-04 is set forth and attached in 21 the draft City Council Ordinance, Exhibit "X" dated, August 20, 2008, and attached hereto as 22 FENTON CARLSBAD CENTER SPECIFIC PLAN - SP 07-02; and j£*J 24 WHEREAS, the Planning Commission did on July 16, 2008, August 6, 2008, 25 and August 20, 2008, hold a duly noticed public hearing as prescribed by law to consider said 2" request; and 27 WHEREAS, at said public hearing, upon hearing and considering all testimony 28 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Change. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission as follows: 3 A) That the foregoing recitations are true and correct. 4 f. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of FENTON CARLSBAD CENTER 6 SPECIFIC PLAN - ZC 07-04, based on the following findings: 7 Findings: 8 1. That the proposed Zone Change from Planned Industrial (P-M) to Office (O) is consistent with the goals and policies of the various elements of the General Plan, in that 10 the proposed Office zoning designation implements the proposed Office General Plan Land Use designation on lot 4 and due to medical uses having a higher traffic 11 generation, lots 2 and 3 would include only general office uses (no medical office uses). The uses would be compatible with surrounding uses of Planned Industrial to 12 the south and west and surrounding Open Space to the north. There is no development proposed with the application and any proposed development in the future would be subject to the Office Zone uses permitted by the Fenton Carlsbad 14 Center Specific Plan, which limits uses on Lots 2 and 3 to general office uses (no medical office uses). The proposed Office designation would not result in any 15 unavoidable adverse impacts to the area and would promote the General Plan Land Use goal which provides for land uses which through their arrangement, location, and size, support and enhance the economic viability of the community. 17 2. That the Zone Change will provide consistency between the General Plan and Zoning as 18 mandated by California State law and the City of Carlsbad General Plan Land Use Element, in that the Office zone implements the proposed Office General Plan Land Use designation. 20 That the Zone Change is consistent with the public convenience, necessity, and general 21 welfare, and is consistent with sound planning principles in that the proposed location is necessary and desirable to provide office and medical services to the community, 22 which will contribute to the well-being of people in the community. The proposed uses will not be detrimental to the health, safety, or welfare of persons working or living in the vicinity, or injurious to property or improvements in the vicinity in that 24 adequate separation of uses is proposed. 25 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 26 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 28 PC RESO NO. 6433 -2- Conditions; 2 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 3 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 6 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 7 or a successor in interest by the City's approval of this Zone Change. o 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Zone Change documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall 10 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. 13 4. If any condition for construction of any public improvements or facilities, or the payment 14 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 . fi unless the City Council determines that the project without the condition complies with all requirements of law. 17 Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 18 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly 2Q or indirectly, from (a) City's approval and issuance of this Zone Change, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, 21 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 22 liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 24 6. This approval is granted subject to the approval of Mitigated Negative Declaration and 25 Mitigation Monitoring and Reporting Program and approval of GPA 07-04, and SP 07-02 and is subject to all conditions contained in Planning Commission Resolutions No. 2" 6431,6432, and 6434 for those other approvals incorporated herein by reference 27 28 PC RESO NO. 6433 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on August 20,2008, by the following vote, to wit: AYES:Commissioners Baker, Boddy, Cardosa, Douglas, Montgomery, and Chairperson Whitton NOES: ABSENT: Commissioner Dominguez ABSTAIN: 'RANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DONNEU Planning Director PCRESONO. 6433 -4- FENTON CARLSBAD CENTER SPECIFIC PLAN - ZC 07-04 July 16, 2008 Draft £3 final D 1 \n!Hi C-M- R-A-10000 '2.5 *'. M-Q EXISTING PROPOSED Project Name: Fenton Carlsbad Center Specific Plan Zone Change Property: A. 212-021-02 B. 212-021-03 C. 212-021-04 From: P-M P-M P-M To: O O O Related Case File No(s): GPA 07-04/ SP 07-02 Approvals Council Approval Date: Ordiance No: Effective Date: Signature: 1 PLANNING COMMISSION RESOLUTION NO. 6434 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SPECIFIC PLAN NO. SP 07-02 ON 4 PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO REAL BETWEEN COLLEGE BOULEVARD AND FARADAY AVENUE IN LOCAL FACILITIES 6 MANAGEMENT ZONE 5. CASE NAME: FENTON CARLSBAD CENTER 7 SPECIFIC PLAN CASE NO.: SP 07-028 9 WHEREAS, Fenton Carlsbad Research Center, LLC, "Developer/Owner," has 10 filed a verified application with the City of Carlsbad regarding property," described as: 11 Lot 1 through Lot 5 of Carlsbad Tract 00-20, in the City of Carlsbad, County of San Diego, State of California, According to the Map Thereof No. 15253, Filed in the Office of the 13 County Recorder of San Diego County, January 30,2006 14 ("the Property"); and 1 5 WHEREAS, said verified application constitutes a request for a Specific Plan as 16 shown on Exhibit "SP 07-02" dated August 20, 2008, on file in the Carlsbad Planning 17 Department, as FENTON CARLSBAD CENTER SPECIFIC PLAN - SP 07-02 as provided 18 by Government Code Section 65453; and 20 WHEREAS, the proposed Specific Plan - SP 07-02 is set forth and attached in 21 the draft City Council Ordinance, Exhibit "Z" dated, August 20, 2008, and attached hereto as 22 FENTON CARLSBAD CENTER SPECIFIC PLAN - SP 07-02; and 23 WHEREAS, the Planning Commission did, on July 16, 2008, August 6, 2008, 24 and August 20, 2008, hold a duly noticed public hearing as prescribed by law to consider said 25 request; and26 27 WHEREAS, at said public hearing, upon hearing and considering all testimony 28 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Specific Plan. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 - B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of FENTON CARLSBAD CENTER 6 SPECIFIC PLAN - SP 07-02, based on the following findings and conditions as included herein: 7 Findings:8 o 1. The Planning Commission finds that the project, as described and conditioned herein for the creation of a Specific Plan (SP 07-02), is consistent with the provisions of the 10 General Plan based on the following: 11 a. Land Use - The project proposes a General Plan Amendment from Planned Industrial (PI) to Office (O) and a Specific Plan (SP) to allow for the development of medical office and general office uses on lots 1 and 4 and 13 general office uses only on lots 2 and 3 (no medical office uses). The proposed Office Land Use designation would be compatible with adjacent Planned 14 Industrial Office and Open Space land uses. 15 b. Circulation - The proposed Specific Plan would not result in any unavoidable .. adverse impacts to the area. Future development of lot 4 within the proposed Specific Plan area will implement identified circulation improvements to 17 mitigate for any possible traffic impacts to Salk Avenue, College Boulevard, and El Camino Real. The project is consistent with the applicable policies 18 and programs of the General Plan. c. Open Space & Conservation - The Specific Plan will continue to preserve lot 5 20 as Open Space consistent with the adopted Habitat Management Plan. 21 2. The proposed plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the Specific Plan as identified in the 22 Mitigated Negative Declaration will not cause any significant impacts to the public health, safety, and welfare. The Specific Plan provides for the design, development, and operation of an office park, with two lots dedicated to general office and 24 medical office uses, within an area that is being changed from Planned Industrial to Office uses. 25 3. All necessary public facilities can be provided concurrent with need, and adequate 26 provisions have been provided to implement those portions of the capital improvement program applicable to the subject property in that all projects within the Specific Plan 27 area have been or will be conditioned to implement required infrastructure 2g improvements consistent with the Zone 5 LFMP. 4. The proposed medical office and office uses will be appropriate in area, location, and overall design to the purpose intended in that the uses will serve workers and citizens PC RESO NO. 6434 -2- of the City of Carlsbad. The design and development standards are such as to create an 2 environment of sustained desirability and stability. Such development will meet performance standards established by this title in that the Specific Plan requires 3 project compliance with the development standards of the Office (O) Zone and also provides general site and architectural design guidelines.4 . In the case of institutional, recreational, and other similar nonresidential uses, such development will be proposed, and surrounding areas are protected from any adverse effects from such development in that the Specific Plan guides development and provides for the design, development, and operation of an office park, with two lots 7 dedicated to general office and medical office uses, within an area that is being changed from Planned Industrial to Office uses. 8 . The streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon in that the Specific Plan area, with mitigation measures, will not generate any significant increase in average daily vehicle trips and the existing roadways (Salk Avenue, College Boulevard, and El Camino Real) are capable of 11 handling the proposed vehicle trips. 12 7. The area surrounding the development is or can be planned and zoned in coordination and substantial compatibility with the development in that the site is topographically suitable for the development of Office type uses, as lots 1, 2, and 3 currently have recently approved and built planned industrial/office buildings and the remaining developable portion (lot 4) of the Specific Plan area has been previously graded for 15 planned industrial/office development. 16 8. Appropriate measures are proposed to mitigate any adverse environmental impact as noted in the adopted Mitigated Negative Declaration and Mitigation Monitoring and *' Reporting Program for the project. 18 9. The proposed plan will contribute to the balance of land use so that local residents may j 9 work in the community in which they live. 20 10. All requirements of Government Code Sections 65450 et. Seq. have been meet and incorporated in the Fenton Carlsbad Center Specific Plan thereby demonstrating its compliance with applicable provisions of state planning and zoning laws. 22 n. 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 24 degree of the exaction is in rough proportionality to the impact caused by the project. 25 Conditions: 26 . If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 28 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy PC RESO NO. 6434 -3- issued under the authority of approvals herein granted; record a notice of violation on the 2 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 3 or a successor in interest by the City's approval of this Specific Plan. 4 2. Staff is authorized and directed to make, or require the Developer to make, all corrections , and modifications to the Specific Plan documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall 6 occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 7 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. 9 4. If any conditions for construction of any public improvements or facilities, or the 10 payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code 11 Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 13 5. Developer shall implement, or cause the implementation of, the Fenton Carlsbad 14 Center Specific Plan Project Mitigation Monitoring and Reporting Program. 15 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 1, harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 17 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 Specific Plan, (b) City's 18 approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all 2Q 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 21 been concluded and continues even if the City's approval is not validated. 22 7. This approval is granted subject to the approval of Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approval of GPA 07-04, and ZC 07-04 and is subject to all conditions contained in Planning Commission Resolutions No. 24 6431, 6132, and 6433 for those other approvals incorporated herein by reference. 25 8. Prior to the issuance of any permits for the project, the applicant shall submit to the Planning Director a digital copy and a camera-ready master copy of the Fenton 26 Carlsbad Center Specific Plan, in addition to the required number of bound copies. 27 28 PC RESO NO. 6434 -4- NOTICE 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 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on August 20,2008, by the following vote, to wit: AYES: NOES: Commissioners Baker, Boddy, Cardosa, Douglas, Montgomery, and Chairperson Whitton ABSENT: Commissioner Dominguez ABSTAIN: FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6434 -5- EXHIBIT 6 The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: August 20, 2008 Application complete date: March 18, 2008 Project Planner: Dan Halverson Project Engineer: Frank Jimeno SUBJECT: GPA 07-04/ZC 07-04/SP 07-02-FENTON CARLSBAD CENTER SPECIFIC PLAN - Request for a recommendation to adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and a recommendation of approval for: a General Plan Amendment to change the General Plan Land Use designation from Planned Industrial (PI) to Office(O); a Zone Change to change the zoning from Planned Industrial (P-M) to Office (O); and a Specific Plan (SP 07-02) for five (5) lots on property generally located on the west side of El Camino Real between College Boulevard and Faraday Avenue in Local Facilities Management Zone 5. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 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. II. INTRODUCTION This item was heard and public testimony was taken on July 16, 2008. The Planning Commission voted on the project and the outcome was a tie (3-3) as one Planning Commission member was absent from the hearing. As a result of the tie, the Planning Commission continued the item to August 6, 2008 for further consideration of the Planning Commission. The Planning Commission had concerns with the additional traffic that would be generated associated with changing the permitted use on Lot 4 from Planned Industrial to Medical Office, and also expressed concerns regarding the proposal to limit Lots 2 and 3 to Office Uses except medical. The staff report for the July 16, 2008 meeting is attached. On August 6, 2008 the applicant requested and was granted a continuance to the August 20,2008 meeting. The applicant requested more time to gather information to answer Planning Commission concerns raised at the July 16, 2008 meeting. -7U' ! The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: August 6,2008 Application complete date: March 18, 2008 Project Planner: Dan Halverson Project Engineer: Frank Jimeno SUBJECT: GPA 07-04/ZC 07-04/SP 07-02-FENTON CARLSBAD CENTER SPECIFIC PLAN - Request for a recommendation to adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and a recommendation of approval for: a General Plan Amendment to change the General Plan Land Use designation from Planned Industrial (PI) to Office(O); a Zone Change to change the zoning from Planned Industrial (P-M) to Office (O); and a Specific Plan (SP 07-02) for five (5) lots on property generally located on the west side of El Camino Real between College Boulevard and Faraday Avenue in Local Facilities Management Zone 5. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 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. II.INTRODUCTION This item was heard and public testimony was taken on July 16,2008. The Planning Commission voted on the project and the outcome was a tie (3-3) as one Planning Commission member was absent from the hearing. As a result of the tie, the Planning Commission continued the item to August 6, 2008 for further consideration of the Planning Commission. The Planning Commission had concerns with the additional traffic that would be generated associated with changing the permitted use on Lot 4 from Planned Industrial to Medical Office, and also expressed concerns regarding the proposal to limit Lots 2 and 3 to Office Uses except medical. The staff report for the July 16, 2008 meeting is attached. The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: July 16, 2008 Application complete date: March 18, 2008 Project Planner: Dan Halverson Project Engineer: Frank Jimeno SUBJECT: GPA 07-04/ZC 07-04/SP 07-02-FENTON CARLSBAD CENTER SPECIFIC PLAN - Request for a recommendation to adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and a recommendation of approval for: a General Plan Amendment to change the General Plan Land Use designation from Planned Industrial (PI) to Office(O); a Zone Change to change the zoning from Planned Industrial (P-M) to Office (O); and a Specific Plan (SP 07-02) for five (5) lots on property generally located on the west side of El Camino Real between College Boulevard and Faraday Avenue in Local Facilities Management Zone 5. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 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. II. INTRODUCTION The proposed project consists of a General Plan Amendment, Zone Change, and a Specific Plan to allow for the development of general office and medical office uses on a previously subdivided 48.54 acre property (formerly known as Fox-Miller) located on the west side of El Camino Real between College Boulevard and Faraday Avenue. The proposed Fenton Carlsbad Center Specific Plan area (see Planning Commission Resolution No. 6434) is compromised of five lots that are currently designated by the General Plan for Planned Industrial development (Lots 2, 3, and 4), Office (Lot 1), and Open Space (Lot 5). The proposed General Plan Amendment will re-designate Lots 2, 3, and 4 from Planned Industrial (PI) to Office (O), Lot 1 will remain Office (O) and Lot 5 will remain Open Space (OS). The proposed Zone Change will rezone Lots 2, 3, and 4 from Planned Industrial (P-M) to Office (O), while Lot 1 remains Office and Lot 5 will remain Open Space. The proposed Fenton Carlsbad Center Specific Plan will regulate the permitted uses on these lots as follows: • Lots 1 & 4 - general office and medical office uses; • Lots 2 & 3 - general office, except medical office uses, and; GPA 07-04/ZC 07-04/SP 07-02-FENTON CARLSBAD CENTER SPECIFIC PLAN July 16,2008 Page 2 • Lot 5 - open space uses. A more detailed description of the proposed land use and zoning changes and necessary discretionary actions is provided below in the Project Description section of this report. As part of the proposed land use and zoning changes a Mitigated Negative Declaration was prepared. Medical office and general office uses have a greater traffic impact than planned industrial uses. Traffic mitigation measures have been incorporated into the project to reduce the impacts to less than significant levels. A more detailed description of the CEQA requirements and the Mitigated Negative Declaration is provided below. The project requires City Council approval of the GPA, ZC, and Specific Plan. The project has been reviewed for environmental impacts and no unmitigable significant impacts were found. As proposed and conditioned, the project complies with all City Standards and all necessary findings can be made for the requested recommendation for approval. III. PROJECT DESCRIPTION AND BACKGROUND The applicant, H.G. Fenton Company, has requested a General Plan Amendment (GPA), a Zone Change (ZC), and a Specific Plan (SP) to change the General Plan Land Use and Zoning designations from Planned Industrial to Office to allow for the development of medical office or general office uses on four of five existing non-residential lots located on the west side of El Camino Real between College Boulevard and Faraday Avenue. The current Land Use and Zoning designations for the 5 lots of the Specific Plan area are as follows: • Lot 1 - General Plan and Zoning is Office (O); • Lot 2, 3, and 4 - General Plan and Zoning is Planned Industrial (PI) and (P-M) respectively; • Lot 5 - General Plan and Zoning is Open Space (OS). Through these proposed legislative actions, medical office and general office uses will be allowed on Lots 1 and 4, and general office uses will be allowed on Lots 2 and 3. Lot 5 will remain as open space. The Specific Plan area totals 48.54 acres in size and is subdivided into 5 lots which are currently developed as follows: • Lot 1, (3.47 acres) is developed with a medical office building (SDP 06-03); • Lot 2, (9.78 acres) is developed with a planned industrial/office building (PIP 04-03); • Lot 3, (4.91 acres) is developed with a planned industrial/office building (PIP 04-03); • Lot 4, (9.79 acres) is vacant and currently graded consistent with (CT 00-20); and • Lot 5, (20.59 acres) is Open Space. The Specific Plan area has single-family housing to the north; planned industrial general office uses to the south and east; and Taylor Made Golf to the west. Lot 5, the open space lot, as well as El Camino Real, creates a buffer between the proposed uses in the Specific Plan area and the single-family housing to the north. The project site is also located within the boundaries of the McClellan-Palomar Airport Influence Area/Flight Activity Zone, and therefore is subject to the Airport Land Use Compatibility Plan for McClellan-Palomar Airport (ALUCP). GPA 07-04/ZC 07-04/SP 07-02-FENTON CARLSBAD CENTER SPECIFIC PLAN July 16,2008 Page 3 The proposed Specific Plan will regulate permitted land uses on the five individual lots. The Specific Plan requires that any future projects will be in compliance with the development standards of the Office (0) zone and also provides general site and architectural design guidelines. The Specific Plan regulates Lots 1 and 4 for the development of medical office and general office uses, while regulating Lots 2 and 3 to general office uses only (no medical uses). The Specific Plan also identifies the necessary traffic mitigation measures to serve the area and provides for their installation or bonding prior to development of Lot 4 in accordance with the Mitigation Monitoring and Reporting Program prepared for the project. All projects within the Specific Plan area have been or will be conditioned to implement required infrastructure improvements consistent with the Zone 5 LFMP. Background: On September 4,2002 the Planning Commission approved discretionary permits (Tentative Tract Map - CT 00-20, Hillside Development Permit - HDP 00-11, Special Use Permit - SUP 00-10, and a Planned Industrial Permit - PIP 00-02) to develop a 53.65-acre parcel into a five (5) lot industrial subdivision, including one open space lot, and extend Salk Avenue through to El Camino Real. The associated legislative actions (General Plan Amendment - GPA 00-05 and Zone Change - ZC 00-07) to redesignate and rezone the subject properties to allow for this project were approved by the City Council on October 22,2002. On October 4, 2006 the Planning Commission recommended approval of a General Plan Amendment (GPA 06-01) and Zone Change (ZC 06-01) and approved a Site Development Plan (SDP 06-03). The change to the General Land Use and Zoning designations on Lot 1 of CT 00- 20 from Planed Industrial to Office was to develop Lot 1 with a 40,655 square foot medical office building. Again the associated legislative action to permit the use was subsequently approved by the City Council on November 21,2006. The project is subject to the following plans, ordinances, and standards: A. General Plan Office (O) and Open Space (OS) designations; B. Specific Plan 07-02 (SP 07-02); C. Office (O) Zone (Carlsbad Municipal Code (C.M.C.) Chapter 21.27); D. Airport Land Use Compatibility Plan for McClellan-Palomar Airport (ALUCP); and E. Growth Management Ordinance (Municipal Code Chapter 21.90) and Zone 5 Local Facilities Management Plan. The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable City regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. GPA 07-04/ZC 07-04/SP 07-02-FENTON CARLSBAD CENTER SPECIFIC PLAN July 16, 2008 -Page 4 IV. ANALYSIS A. General Plan The Specific Plan area is currently designated by the General Plan for Planned Industrial (PI) (Lots 2, 3, and 4), Office (O) (Lot 1), and Open Space (OS) (Lot 5) land uses. The General Plan Amendment would change Lots 2, 3, and 4 to Office. Lots 2 and 3 would be restricted through the Specific Plan to general office uses only (no medical uses). Lots 1 and 4 would be allowed general office uses and medical office uses. The proposed Office designation would be compatible with surrounding uses of Planned Industrial (office buildings) and the adjacent Open Space. The site is topographically suitable for the development of Office type uses, as Lots 1, 2, and 3 currently have recently approved planned industrial/office buildings and the remaining developable portion (Lot 4) of the Specific Plan area has been previously graded for planned industrial/office development. The proposed Office Zone implements the proposed Office General Plan designation. The Specific Plan area will not generate any significant increase in average daily vehicle trips and the existing roadways (Salk Avenue, College Boulevard, and El Camino Real) with mitigation measures are capable of handling the proposed vehicle trips. The Fenton Carlsbad Center Specific Plan is consistent with the General Plan in that it maintains a jobs-housing balance, provides a healthy lifestyle, as well as providing for new medical services to the area. Particularly relevant to the proposed General Plan change to Office are the Land Use, Open Space and Conservation, Circulation, Noise, and Public Safety elements. Table 1 below indicates how the project complies with these particular elements of the General Plan. TABLE 1 - GENERAL PLAN COMPLIANCE Element Use Classification, Goal, Objective or Program Proposed Use and Improvements Compliance Land Use Commercial development to serve the employment and service needs of Carlsbad residents. The project proposes a General Plan Amendment to Office (O) and a Specific Plan (SP) to allow for the development of medical office and general office uses on Lots 1 and 4 and general office uses on Lots 2 and 3. This change allows the following General Plan values to be implemented: maintain a jobs- housing balance; provide for a healthy lifestyle which includes the provision of services for adequate health care needs; and, provide those that work and live in the City of Carlsbad the right to convenient and readily accessible health care. Yes GPA 07-04/ZC 07-04/SP 07-02-FENTON CARLSBAD CENTER SPECIFIC PLAN July 16, 2008 Page 5 TABLE 1 - GENERAL PLAN COMPLIANCE CONTINUED Element Open Space and Conser- vation Circulation Noise Public Safety Use Classification, Goal, Objective or Program To require all development projects to comply with the City's Habitat Management Plan. Adequate circulation infrastructure to serve the projected population. Require that a noise study be submitted with all non- residential projects. Provision of emergency water systems and all- weather access roads. Proposed Use and Improvements The Specific Plan will continue to preserve Lot 5 as Open Space consistent with the adopted Habitat Management Plan. Future development of Lot 4 within the proposed Specific Plan area will implement identified circulation improvements to mitigate for any possible traffic impacts to Salk Avenue, College Boulevard, and El Camino Real The site is outside the 60 Community Noise Equivalent Level (CNEL) noise contour of the McClellan- Palomar Airport and any development will have to meet the maximum Interior Noise standards (55 dBA) for general office uses. All necessary water mains, fire hydrants, and appurtenances have been installed and all-weather access roads will be maintained throughout any proposed construction. Compliance Yes Yes Yes Yes B. Specific Plan 07-02 (SP 07-02) California Government Code Section 65451 governs the content of specific plans. The Fenton Carlsbad Center Specific Plan contains all information required by state law. The plan consists of both text and diagrams which specify the following: 1) the distribution, location, and extent of land uses, including open space, within the area covered by the plan; 2) the distribution, location, extent, and intensity of any proposed infrastructure; 3) standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources where applicable; 4) implementation measures including public works and financing projects as necessary to carry out the plan; and, 5) a statement of the relationship of the Specific Plan to the General Plan. The primary purpose of the Specific Plan is to clearly define permitted land uses on the individual lots. The Specific Plan requires project compliance with the development standards of the Office (O) zone and also provides general site and architectural design guidelines. In summary the Specific Plan provides for the design, development, and operation of an office park, with two lots dedicated to general office uses only, within an area that is being changed from Planned Industrial to Office uses. As indicated in the General Plan Consistency Table 1 above, the project complies with the goals, objectives, and policies of the various elements in the General Plan. All projects within the Specific Plan area have been or will be conditioned to GPA 07-04/ZC 07-04/SP 07-02-FENTON CARLSBAD CENTER SPECIFIC PLAN July 16, 2008 Page 6 implement required infrastructure improvements consistent with the Zone 5 LFMP. The Specific Plan also identifies the necessary traffic mitigation measures to serve the area and provides for their installation or bonding prior to development of Lot 4 in accordance with the Mitigation Monitoring and Reporting Program prepared for the project. The permitted uses and development standards provided in the Specific Plan are adequate to properly develop or redevelop any of the sites. The proposed office uses, more precisely general office and medical office uses (Lots 1 and 4) and general office uses (Lots 2 and 3) will be appropriate in this area because office uses located in the proximity to industrial uses will contribute to the balance of land uses so that citizens and employees of the area will have service choices. The Specific Plan achieves several objectives of the City of Carlsbad's General Plan such as maintaining a jobs-housing balance, providing for a healthy lifestyle which includes the provision of service for adequate health care needs, and providing those that work and live in the City of Carlsbad the right to convenient and readily accessible health care. C. Chapter 21.27 Office (O) Zoning The project proposes a Zone Change from Planned Industrial (P-M) to Office (O) on Lots 2, 3, and 4. The proposed Specific Plan generally sets forth the Office Zone development and performance standards in accordance with Chapter 21.27 of the Carlsbad Municipal Code. More restrictive use standards are set forth by the Specific Plan to restrict Lots 2 and 3 to general office uses only (no medical uses). The Specific Plan states that Lots 2 and 3 shall have "all uses allowed in the underlying Office zone, excluding dentists, doctors, chiropractors, and incidental related uses such as pharmacies (prescription only), biochemical, x-ray laboratories, medical offices and clinics (including hospitals)." Lot 1, already rezoned to Office in 2006, will remain the same and Lot 4 will be similarly rezoned to Office and permit all office uses, including medical office, allowed under the Office Zone in accordance with Chapter 21.27 of the Carlsbad Municipal Code. Lot 5 is currently zoned as an Open Space lot and will remain so in the Specific Plan. The proposed Office zone is consistent with the proposed Office General Plan designation and the Specific Plan is consistent with but more restrictive than the Office zone. Therefore the Specific Plan becomes the official zoning for each individual property. D. Airport Land Use Compatibility Plan for McClellan-Palomar Airport (ALUCP): The project site is located within the Airport Influence Area and approximately 4,000 feet north of McClellan-Palomar Airport. The site is outside the 60 Community Noise Equivalent Level (CNEL) noise contour and outside the Runway Protection Zone. The entire site is within the Flight Activity Zone (FAZ), which is an area most likely to experience a crash since it is beneath the flight pattern. The ALUCP requires that the land beneath the flight activity zone should be held free of intensive development such as residential at 10 units per acre, high rise development, and all uses which involve large groups of people (more than 100). The proposed Office Land Use designation would preclude residential uses at that density and a restriction of the Specific Plan precludes any uses which involve the assembly of large groups of people (more than 100 persons per assembly area). r6\ GPA 07-04/ZC 07-04/SP 07-02-FENTON CARLSBAD CENTER SPECIFIC PLAN July 16,2008 -Page -7 As the project involves a General Plan Amendment, the project was submitted to the San Diego County Regional Airport Authority (SDCRAA) for a determination of consistency with the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) on May 1, 2008. The SDCRAA adopted Resolution 2008-0018 ALUC finding the project conditionally consistent with the ALUCP. The condition added was the restriction that all assembly areas within the proposed project that are located within the FAZ be limited (as defined by the Uniform Building Code Group A Occupancy) to no more than one hundred (100) persons per assembly area in order to be consistent with FAZ guidelines in the McClellan-Palomar Airport ALUCP. The project has been conditioned consistent with this recommended action. £. Growth Management Ordinance (Municipal Code Chapter 21.90) and Zone 5 Local Facilities Management Plan. The proposed project is subject to the provisions of the Growth Management Program, as contained in Chapter 21.90 of the Zoning Ordinance and in the approved Zone 5 LFMP. The change from Planned Industrial to Office uses on the site will have minimal impact on public facilities as planned industrial and general office uses result in comparable facility demands and impacts. Thus, the proposed project's public facility demand will be in compliance with the public facility assumptions of the Zone 5 LFMP. The attached Local Facilities Impact Assessment Form indicates that all impacts to the public facilities and services are adequately mitigated. Any future proposed project would be conditioned to pay the appropriate public facilities fee, water and sewer connection fees, traffic impact, park, and school fees to mitigate its impact on these respective facilities. V. ENVIRONMENTAL REVIEW Staff has conducted an environmental impact assessment to determine if the project could have a potentially significant effect on the environment pursuant to CEQA Guidelines and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. The EIA found that the project would result in potentially significant traffic impacts. However, traffic mitigation measures have been incorporated into the project (through Specific Plan SP 07-02) to reduce the impacts to less than significant levels. In consideration of the foregoing, the Planning Director issued a Notice of Intent to adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the project on June 03,2008. No comments were received during the 20-day public review period (June 03, 2008 - June 23, 2008). ATTACHMENTS: 1. Planning Commission Resolution No. 6431 (MND) 2. Planning Commission Resolution No. 6432 (GPA) 3. Planning Commission Resolution No. 6433 (ZC) 4. Planning Commission Resolution No. 6434 (SP) 5. Location Map 6. Background Data Sheet 7. Local Facilities Impact Assessment Form 8. Disclosure Statement 9. Fenton Carlsbad Center Specific Plan (attached to Planning Commission Resolution No. 6434) StTSMAP MOT TO SCALE FENTON CARLSBAD CENTER SPECIFIC PLAN GPA 07-04/ZC 07-04/SP 07-02 BACKGROUND DATA SHEET CASE NO: GPA 07-04/ZC 07-04/SP 07-02 CASE NAME: FENTON CARLSBAD CENTER SPECIFIC PLAN APPLICANT: Fenton Carlsbad Research Center. LLC REQUEST AND LOCATION: Request for a recommendation to adopt a Mitigated Negative Declaration, a Mitigation Monitoring and Reporting Program: and a recommendation of approval for: a General Plan Amendment to change the General Plan Land Use Element designation from Planned Industrial (PI) to Office(O); a Zone Change to change the zoning from Planned Industrial (P-M) to Office (O): and a Specific Plan (SP 07-021 for five (5) lots on property generally located on the west side of El Camino Real between College Boulevard and Faraday Avenue within the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 5. LEGAL DESCRIPTION: Lot 1 through Lot 5 of Carlsbad Tract 00-20, in the City of Carlsbad. County of San Diego, State of California, According to the Map Thereof No. 15253, Filed in the Office of the County Recorder of San Diego County. January 30, 2006 APN: 212-021-01/02/03/04/05 Acres: 48.54 Proposed No. of Lots/Units: N/A GENERAL PLAN AND ZONING Existing Land Use Designation: Planned Industrial (lot 2. 3. and 4): Office (O) - (Lot 1): Open Space (OS) - (Lot 5) Proposed Land Use Designation: Office (lot 2. 3. and 4): Open Space (OS) - (Lot 5) Density Allowed: N/A Density Proposed: N/A . Existing Zone: Planned Industrial (P-M) (lot 2. 3. and 4): Office (O) - ("Lot 1): Open Space (OS) - (Lot 5) Proposed Zone: Office (O) (lot 2. 3. and 4): Open Space (OS) - (Lot 5) Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site Planned Industrial (P-M)- Planned Industrial (PI)- Lot 1 - Medical Lots 2, 3,4; Office (O)-Lot Lots 2, 3, and 4; Office Office; Lot 2 and 3- 1; Open Space (OS)-Lot 5. (O)- Lot 1; Open Space PI Office; Lot 4- (OS)- Lot 5 vacant PI lot; Lot 5- Open Space North Residential Density- Medium Density Single-Family Multiple (RDM) Residential (RM) Residential South Heavy Commercial (C-M) Planned Industrial (PI) Planned Industrial Offices East Industrial (M-Q) Planned Industrial (PI) Industrial Offices West Heavy Commercial (C-M) Planned Industrial (PI) Industrial Offices Revised 01/06 LOCAL COASTAL PROGRAM Coastal Zone: I I Yes £<] No Local Coastal Program Segment: N/A Within Appeal Jurisdiction: I I Yes 1X1 No Coastal Development Permit: [~~1 Yes IXI No Local Coastal Program Amendment: I I Yes 1X1 No Existing LCP Land Use Designation: N/A Proposed LCP Land Use Designation: N/A Existing LCP Zone: N/A Proposed LCP Zone: N/A PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): N/A ENVIRONMENTAL IMPACT ASSESSMENT I I Categorical Exemption, Mitigated Negative Declaration, issued June 03. 2008 (Review period - June 3. 2008 through June 23, 2008) Certified Environmental Impact Report, Other, Revised 01/06 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Fenton Carlsbad Center Specific Plan - GPA 07-04/ZC 07-04/SP 07-02 LOCAL FACILITY MANAGEMENT ZONE: 5 GENERAL PLAN: Office (proposed) ZONING: Proposed Office from Planned Industrial DEVELOPER'S NAME: Fenton Carlsbad Research Center. LLC. ADDRESS: 7577 Mission Valley Road. Ste 200. San Diego. CA 92108 * PHONE NO.: 619-400-0134 ASSESSOR'S PARCEL NO.: 212-021-01/02/03/04/05 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 48.54 AC. ESTIMATED COMPLETION DATE: ASAP A. City Administrative Facilities: Demand in Square Footage = N/A B. Library: Demand in Square Footage = N/A C. Wastewater Treatment Capacity (Calculate with J. Sewer) 23 EDU D. Park: Demand in Acreage = N/A (Zone 5 LFMP) Impact fee $.40/sq.ft E. Drainage: Demand in CFS = 10.3 Identify Drainage Basin = B F. Circulation: Demand in ADT= 5,715 APT G. Fire: Served by Fire Station No. = 2 and 5 H. Open Space: Acreage Provided = 20.59 I. Schools: Carlsbad Unified J. Sewer: Demands in EDU 23 Identify Sub Basin = 5A K. Water: Demand in GPD= 4.878 City of Carlsbad Planning Department DISCLOSURE STATEiMENT 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 denned aS "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,- city municipality, district or other political subdivision or any other group or combination acting as a unit" Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the- names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person_N/A Corp/Part Fenton Carlsbad Research CenterTjLC Title Title HG Fenton Company, Authorized Agent Address Address 7577 Mission Valley Rd. Ste. 200 San Diego, Ca 92018 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e. partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person N/A Title Corp/Part SAME AS ABOVE Title Address Address, 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 Title Non Profit/Trust. Title Address Address. 4. Have you had more than S250- worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? ( _ |Yes No If yes, please indicate person(s):. NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature ofcowner/date/ (/ ALLEN JONES Print or type name of owner Signature qf-applie'ant/date ' ALLEN JONES Print or type name of applicant Signature of owner/aaplicant's agent if applicable/date HOFMAN PLANNING & ENGINEERING Print or type name of owner/applicant's agent H:ADMIN\COUNTcR\DISCLOSURE STATEMENT 5/98 Page 2 of 2 EXHIBIT 7 Planning Commission Minutes July 16,2008 Page 5 Chairperson Whitton asked if the antennae will interfere with any aviation equipment. Mr. Fisher stated that as part of the review process, the proposed buildings height and use were approved by the FAA. Commissioner Baker asked for Staff to elaborate on the scenic corridor standards and what measures need to be taken in order for it to remain a scenic corridor. Mr. Fisher stated that the proposed buildings do not give a tunnel effect because of the distance the buildings are setback from the street. Mr. Fisher also stated that one of the constraints or issues is to have parking screened from view on El Camino Real as much as possible. This proposed project has quite a bit of elevation change from El Camino Real and utilizes berming and landscaping. Staff feels they have achieved the goal of screening the parking as much as possible. Commissioner Baker asked the applicant about the amount of traffic between buildings by the employees. Mr. Bussett stated there is some traffic but not much. Chairperson Whitton asked if there were any members of the audience who wished to speak on the item. Seeing none, he opened and closed public testimony. Commissioner Dominguez asked for clarification on the parameters of Building 3. Mr. Bussett stated it is an 18 foot high building that is screened enclosures with no roofs, and it has a similar color palette as the other two buildings. It will also be heavily landscaped. MOTION ACTION: Motion by Commissioner Montgomery, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6430 approving Special Use Permit SUP 07-06, based on the findings and subject to the conditions contained therein. VOTE: 5-0-2 AYES: Chairperson Whitton, Commissioner Baker, Commissioner Boddy, Commissioner Dominguez, and Commissioner Montgomery NOES: None ABSENT: Commissioner Cardosa and Commissioner Douglas ABSTAIN: None Commissioner Douglas returned to the dais. Chairperson Whitton asked Mr. Neu to introduce the next item. 5. GPA 07-04/ZC 07-04/SP 07-02-FENTON CARLSBAD CENTER SPECIFIC PLAN - Request for a recommendation to adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and a recommendation of approval for: a General Plan Amendment to change the General Plan Land Use designation from Planned Industrial (PI) to Office(O); a Zone Change to change the zoning from Planned Industrial (P-M) to Office (O); and a Specific Plan (SP 07-02) for five (5) lots on property generally located on the west side of El Camino Real between College Boulevard and Faraday Avenue in Local Facilities Management Zone 5. Mr. Neu introduced Item 5 and stated Assistant Planner Dan Halverson would make the staff presentation. Chairperson Whitton opened the public hearing on Item 5 and asked if the applicant wished to proceed without a full Commission. The applicant stated he did. Planning Commission Minutes July 16,2008 Page 6 Mr. Halverson gave a detailed presentation and stated he would be available to answer any questions. Chairperson Whitton asked if there were any questions of staff. Chairperson Whitton inquired about the signed agreement between the owners of Lots 2 and 3. Mr. Halverson stated when a Specific Plan is submitted for these lots, all the owners of those lots will need to sign on to that Specific Plan application. The owners give their blessing to the Specific Plan. Commissioner Whitton asked if that includes the exclusion of medical offices. Mr. Halverson stated yes. Commissioner Dominguez asked for clarification as to which property owners would have to agree to the Specific Plan. Mr. Halverson stated it was all property owners including the owners of Lots 1 and 4 that signed the application. Chairperson Whitton inquired who originated the application. Mr. Halverson stated it was initiated by the developer and all property owners had to sign the application. Commissioner Douglas inquired if there is a percentage for how much can be medical offices on Lot 4. Mr. Halverson stated the Specific Plan states that it can be medical but it does not give a percentage. Commissioner Montgomery stated by approving the Zone Change and General Plan Amendment, the Commission is then allowing the additional traffic increase and impacts related to that. He asked what types of uses the property owners would be restricted to if the project is denied and it were to remain zoned as planned industrial as opposed to the restrictions under the Office zoning designation. Mr. Halverson stated the Planned Industrial zone does allow for office uses but the Office zoning designation allows for more walk-up type of facilities which generate the same traffic amounts as the Planned Industrial. Parking and traffic would basically be the same. Medical Offices are typically the highest traffic and parking generator. Lot 4 was mostly looked at for the traffic impacts. Commissioner Montgomery stated that if Lots 2 and 3 are restricted from medical offices then in theory there should not be any additional traffic impact or increase compared to the Planned Industrial zone for those lots. Mr. Halverson stated that was correct. Mr. Van Peski stated that the traffic generation for the Planned Industrial zone assumes some mix of uses so the traffic generation is calculated at 17 trips per 1,000 whereas it is calculated at 20 trips per 1,000 for the Office zone. For medical office traffic generation is calculated at 50 trips per 1,000. Mr. Van Peski stated that was already taken into account with the previous project, Ventana Real. Commissioner Baker asked how many buildings would be expected on Lot 2, 3 and 4 given the lot sizes. Mr. Halverson deferred the question to the applicant. Commissioner Montgomery asked if with this proposal the buildings would be allowed with same use, parking and traffic versus being under the Planned Industrial zoning they would not be allowed. In other words, by making this proposal would it allow the additional buildings to be built or would it be the same. Mr. Halverson stated it would be the same; however parking would need to be worked out. Commissioner Montgomery stated that the Zone Change would not restrict the addition of any buildings. Mr. Halverson stated no. Commissioner Dominguez stated the Zone Change would not change the number of buildings but it would be driven by how much parking could be provided under the auspices of the Specific Plan. Mr. Halverson stated that was somewhat correct; however, it is mainly driven by Lot 4. That Lot 4 will be going to medical which requires more parking than the other 2 lots. Commissioner Dominguez asked if that determination would be made development wide or by individual parcel. Mr. Halverson stated that it would be by parcel because Lots 1 and 4 are the only two lots that can be used as medical. Therefore those lots will need more parking than the other two. Commissioner Dominguez stated those lots would be controlled by the Specific Plan. Mr. Halverson stated that was correct. Commissioner Baker asked if the Specific Plan allows for shared parking agreements for the lots. Mr. Halverson stated that was not addressed because the lots are separate pads. Mr. Halverson further stated that Lots 2 and 3 might be able to share parking because of their location but those buildings are Planning Commission Minutes July 16,2008 Page 7 also the same type of office use. Commissioner Baker asked if Lots 4 and 3 could have shared parking because of the different uses. Mr. Halverson stated that the pads are at different levels. Commissioner Montgomery stated the additional traffic generation and traffic impacts are being driven by the medical office use on Lot 4. Mr. Halverson stated that was correct. Commissioner Montgomery asked if it is the applicant's desire to have medical offices on that lot. Mr. Halverson stated that was correct. Commissioner Montgomery asked what the consequences would be if the medical offices were not allowed on that pad. Mr. Halverson stated that it would remain zoned as P-M. Commissioner Montgomery asked if the traffic impacts would then be similar to that of the original zoning. Mr. Halverson stated that was correct. Chairperson Whitton asked if the applicant wished to make a presentation. Bill Hofman, Hofman Planning and Engineering, 3152 Lionshead Avenue, representing the owner of Lots 1 and 4, gave a brief presentation. Mr. Hofman stated this project was initiated to accommodate the expansion of Scripps Clinic. He further stated that the issue regarding traffic was discussed throughout the review process. Several different alternatives were reviewed, and the option for having a Specific Plan was deemed the best alternative. With the Specific Plan, the adjacent property owners for Lots 2 and 3 had to give their approval. The owner of those lots does not have an issue with the limitations of no medical, and they like that there is more flexibility with the Office zone as opposed to the P-M zone. The traffic report that was required did address full medical use on Lot 4. It also anticipated the full build-out of Lots 2 and 3, with two buildings on Lot 2 and one building on Lot 3. The report did also anticipate the potential for two buildings on Lot 4 for Scripps. The mitigation measures listed in the Mitigated Negative Declaration do have all the mitigation required such as the lengthening of a turn lane and the addition of a signal. The Specific Plan does not preclude shared parking, and if the property owners agree to it and it meets City standards, that can happen. Mr. Hofman stated he would be available to answer any questions. Chairperson Whitton asked if there were any questions of the applicant. Commissioner Baker asked if there will be the ability to move between the buildings on Lot 4 and current Scripps Clinic on Lot 1 and if there will be traffic generation issues because patients will need to travel between the two buildings. Mr. Hofman stated that what is planned for Lot 4 is not a duplication of what is on Lot 1. The two buildings are stand alone and are not meant to be related but more to supplement each another. Mr. Hofman stated that Scripps is currently in the planning phase for the building trying to determine the specific needs. Once a Site Development Plan is submitted, that issue will be reviewed. Commissioner Baker suggested a shuttle or transport service so as to alleviate any potential additional traffic impacts. Commissioner Dominguez asked if there is a strong possibility that Scripps will move into Lots 2 and 3 in the future. Mr. Hofman stated he does not see that happening. Commissioner Dominguez inquired if the designation or exclusion or provision for medical support uses on Lots 2 and 3 then is not being driven by the needs of Lot 1 and 4 and it was driven by Staff. Mr. Hofman stated it was a combination. There was no proposal to do that and no desire on the property owner of Lots 2 and 3 to do that. The traffic will set the limitation on that which will preclude that in the future but he does not see that possibility from ever happening. Commissioner Dominguez further asked if Lots 2 and 3 would have the ability to provide office and medical support uses. Mr. Halverson stated Lots 2 and 3 would not allow any medical office uses, only office uses. Commissioner Boddy asked what tenants are currently using the buildings on Lots 2 and 3. Mr. Hofman stated it is multi-tenant. Commissioner Douglas inquired about the services and procedures proposed for the Scripps Building on Lot 1. Mr. Hofman stated it is similar to the facility located in Carmel Valley. Commissioner Douglas inquired if there will be any underground parking. Mr. Hofman stated no. Planning Commission Minutes July 16,2008 Page 8 Chairperson Whitton stated he does not agree with the restrictions on Lots 2 and 3 excluding any medical uses. Mr. Hofman stated that this is similar to a Master Plan which set limits on uses for particular lots. This proposal is for the ultimate functionality of all the uses, and there is agreement from all the property owners. Chairperson Whitton asked if there were any further questions of the applicant. Seeing none, he asked if there were any further questions of Staff. Commissioner Baker asked if there was any anticipation about an actual hospital on the site. Mr. Hofman stated no. Chairperson Whitton asked if there were any members of the audience who wished to speak on the item. Seeing none, he opened and closed public testimony. DISCUSSION Commissioner Douglas stated she is very supportive of the project. Commissioner Dominguez stated that while he is supportive of Scripps Clinic coming to the city, he is concerned about the restrictive measures and the consideration of spot zoning. He stated that it seems as if this is an after-thought trying to correct a previous mistake. He further stated he is concerned with the traffic impacts the project will create. Commissioner Baker stated she does not have an issue with the Zone Change. She stated she does not understand why a medical use would not be allowed on Lots 2 and 3 if the building were made smaller and the parking would fit why the use would not be allowed. Mr. Neu stated the parking is certainly a factor but the traffic generation is the main factor as well as meeting the City circulation standards for level of service. There could be the medical designation and if the parking was not met, Staff would not approve medical uses on the lot. Because in the traffic analysis it showed that the roadway could not accommodate potential additional medical uses without additional mitigation, the applicants agreed to a certain amount and the mitigation is based on that maximum of the hypothetical build-out of Lot 4 with around a 150,000 square foot building. Commissioner Baker asked if it is Salk Avenue or El Camino Real that cannot handle the increase in traffic. Mr. Neu stated that based on the Mitigated Negative Declaration it is the intersection at College Avenue and Salk Ave was a Level of Service "F" in the morning and evening peak hours without mitigation. Once the discussed improvements are in place, that intersection falls into a Level of Service "D" minimum at the PM peak and a "B" for the AM peak. The office designation does open up the options for different uses for those two lots. One of the difficulties with P-M zone designation is the concept that it is not geared for the general public coming in and out. It is a zone set-up for primarily business to business type uses, wholesale, corporate headquarters, research and development, warehousing, manufacturing. This opens up the list to many different uses that are beneficial to that property owner with the one exception of medical. Commissioner Montgomery stated his concern is the additional traffic that will be generated, and he stated that it comes down to weighing the benefits of having a Scripps Clinic versus the amount of traffic that will be generated by that use. Ms. Mobaldi stated the medical use versus the office use is a non-issue because the owners of Lots 2 and 3 are not objecting to their lots being designated as Office which cannot be medical. Because those owners do not have an issue with it, is not an impediment to making the findings. She further commented that this is not considered spot zoning. Spot zoning typically happens when one parcel is zoned differently than the surrounding parcels. With this project, it is a cluster of parcels that even with the current P-M zone some office use is allowed. It is not taking one parcel and zoning it completely out of character with the surrounding parcels. Planning Commission Minutes July 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 August 20, 2008 EXHIBIT 7 PageS Commissioner Montgomery stated that the items would be voted on separately. MOTION ACTION: Motion by Commissioner Montgomery, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 6452, 6453, and 6454 approving a retroactive one year extension of Tentative Tract Map (CT 04-14(A)), Hillside Development Permit (HDP 04-07), and Planned Development Permit (PUD 04-12) based upon the findings and subject to the conditions contained therein including the errata sheet. VOTE: 5-1-1 AYES: Chairperson Whitton, Commissioner Boddy, Commissioner Cardosa, Commissioner Douglas and Commissioner Montgomery NOES: Commissioner Baker ABSENT: Commissioner Dominguez ABSTAIN: None MOTION ACTION: Motion by Commissioner Douglas, and duly seconded, that the Planning Commission approve Agenda Item 3. VOTE: 4-2-1 AYES: Chairperson Whitton, Commissioner Boddy, Commissioner Cardosa, and Commissioner Douglas NOES: Commissioner Baker, Commissioner Montgomery ABSENT: Commissioner Dominguez ABSTAIN: None Chairperson Whitton asked Mr. DeCerbo to introduce the next item. 1. GPA 07-04/ZC 07-04/SP 07-02-FENTON CARLSBAD CENTER SPECIFIC PLAN - Request for a recommendation to adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and a recommendation of approval for: a General Plan Amendment to change the General Plan Land Use designation from Planned Industrial (PI) to Office(O); a Zone Change to change the zoning from Planned Industrial (P-M) to Office (O); and a Specific Plan (SP 07-02) for five (5) lots on property generally located on the west side of El Camino Real between College Boulevard and Faraday Avenue in Local Facilities Management Zone 5. Mr. DeCerbo introduced Agenda Item 1 and stated Assistant Planner Dan Halverson would make the staff presentation. Chairperson Whitton asked if the applicant wished to proceed with the hearing without a full Commission present. The applicant stated yes. Chairperson Whitton opened the public hearing on Item 1. Mr. Halverson gave a brief presentation and stated he would be available to answer questions. Chairperson Whitton asked if there were any questions of Staff. Planning Commission Minutes August 20,2008 Page 4 Commissioner Cardosa inquired about the trigger for the requirements for the light to be installed at Fermi Court. Frank Jimeno, Associate Engineer, explained that the intersection will be monitored for 5 years after the last certificate of occupancy is issued for the buildings to determine if any warrants are made to require a signal. If no warrants are made, then after 5 years that signal will not be installed. Commissioner Cardosa asked Staff to clarify the parking requirement change for Lot 4. Commissioner Cardosa asked if Lots 1, 2 and 3 comply because they are parked at the higher rate for Professional Office. Mr. Halverson stated Lots 2 and 3 were already planned for Professional Office, and Lot 1 is planned to have a medical use and will be parked at the 1 at 200 rate. He further stated that when plans are submitted for Lot 4, if those plans show a medical use, which is anticipated, the parking calculation of 1 at 200 would apply. Commissioner Cardosa asked about the overall impact to traffic and parking due to the change of zoning of Lot 4. Mr. Halverson stated that the traffic report was based on parking for a 100,000 square foot building on Lot 4 and that is what the traffic impacts were based on. Chairperson Whitton asked if the applicant wished to make a presentation. Bill Hofman, Hofman Planning and Engineering, 3152 Lionshead Av, Carlsbad, commented that at the previous Planning Commission hearing, the Commission had concerns regarding the exclusion of medical uses on Lots 2 and 3 and if that property owner had been made aware of and is in concurrence with the exclusion. He stated that the property owner, Newport National, is in support of the specific plan for the project and the exclusion of medical uses on their lots. He further stated that Newport National submitted a letter to the Commission stating their support of the project. Mr. Hofman introduced Mr. Bob Wojcik from Hofman Planning and Engineering, and Mr. Larry Harrison, Chief Executive from Scripps Health, and stated they would also make brief presentations to help answer questions regarding traffic impacts as well as describe the proposed uses for the buildings on Lots 1 and 4. Bob Wojcik spoke in regards to traffic impacts and gave a brief presentation. He stated he would be available to answer any questions. Commissioner Montgomery asked if there was a significant amount of trips generated from a right hand turn from Salk Avenue onto southbound El Camino Real. Mr. Wojcik stated the traffic report did not address right turns either into or out of Salk Avenue on El Camino Real. Mr. Wojcik stated he believes that most likely the worst case scenarios were analyzed which would be the number of trips entering or leaving the site through the signalized intersection. Larry Harrison, Chief Executive of Scripps Health, 10666 North Torrey Pines Road, La Jolla, gave a brief overview of the functions for the proposed buildings on Lots 1 and 4 and explained how the functions of those buildings will correlate. Commissioner Baker asked if there are any plans to provide transportation between the two buildings for any patients that might have to move between the buildings for services. Mr. Harrison stated that very rarely do the patients need to see the urgent care facilities the same day; however, there will be large, touring golf carts to move those patients between the buildings. There will also be concierge services for any patients that might need assistance getting into or out of vehicles. Commissioner Douglas inquired how the Rancho Bernardo facility compares to this proposed site. Mr. Harrison stated this project will be very similar, and they will work with the City and the architects to determine what is best for the site. Commissioner Douglas asked if here will be any underground parking for Lot 4. Mr. Wojcik stated that there will be a parking structure but it will not be underground. Commissioner Cardosa inquired about the hours for the urgent care facility. Mr. Harrison stated the hours are typically 7:00 a.m. until 7:00 or 9:00 p.m. He stated they will follow any recommendations from the City as to the appropriate hours for the facility. There will also be weekend hours but not 24 hour care. Commissioner Montgomery stated he was initially in opposition because of the traffic impacts and asked, in general, how will the citizens' benefit with this project. Mr. Harrison stated that it provides much more Planning Commission Minutes August 20,2008 Page 5 convenient, state of the art facilities with one-stop shopping, aside from in-patient hospital care. This project brings national level health care to the City. Commissioner Douglas asked when the first buildings will open. Mr. Harrison stated November 2008. Commissioner Douglas asked for a timetable of completion on Lot 4. Mr. Harrison stated it typically takes about 1 year of planning, and 1 year for construction. Commissioner Boddy asked Staff if the Planning Commission will be reviewing the specific plans and architecture for Lot 4. Mr. Halverson stated that was correct and it will be reviewed with a Site Plan. Chairperson Whitton asked if there were any members of the audience who wished to speak on the item. Seeing none, he opened and closed public testimony. DISCUSSION Commissioner Cardosa stated it is a nice project and a nice facility for the City but he is concerned with traffic. Commissioner Boddy stated it is a needed facility and is a nice project. She stated she looks forward to reviewing it in more detail at a later date. Commissioner Douglas stated her support of the project and she does support the project. Commissioner Baker supports the project. She feels the traffic increases are offset by the public benefit of having the medical offices available in the City. Commissioner Montgomery stated his support for the project and agrees with Commissioner Baker's comments. Commissioner Whitton stated his support of the project. MOTION ACTION: Motion by Commissioner Montgomery, 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: 6-0 AYES: Chairperson Whitton, Commissioner Baker, Commissioner Boddy, Commissioner Cardosa, Commissioner Douglas, and Commissioner Montgomery NOES: None ABSENT: Commissioner Dominguez ABSTAIN: None Chairperson Whitton asked Mr. DeCerbo to introduce the next item. 4. CDP 08-01 - JAMES DRIVE ESTATES - Request for approval of a Coastal Development Permit to allow for the construction of two (2) single-family residences on two previously subdivided and vacant .20 acre lots generally located on the east side of James Drive directly across from Tara Court within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. OCT -6 2008 CITY OF CARLSBADCITY CLERK'S OFFICI October 6, 2008 TO: CITY MANAGER FROM: ASSISTANT PLANNER, DAN HALVERSON VIA: PLANNING DIRECTOR SUBJECT: SPA 07-o4,zc 07-04/SP 07-0* - FENTON CARLSBAD CENTER SPECIFIC PLAN ^^!X^r^^^^n Modify "Resolution No. 2008-283," handwritten page number 4, to add the foliowing: 4 The Genera, Plan Amendment (GPA 07-04) shall become effective thirty (30) days following the adoption of th,s resolution DAN HALVERSON DH:bd cc: City Attorney City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, October 7, 2008, to consider approving a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and approving: a General Plan Amendment to change the General Plan Land Use designation from Planned Industrial (PI) to Office(O); a Zone Change to change the zoning from Planned Industrial (P-M) to Office (O); and a Specific Plan (SP 07-02) for five (5) lots on property generally located on the west side of El Camino Real between College Boulevard and Faraday Avenue in Local Facilities Management Zone 5 and more particularly described as: Lot 1 through Lot 5 of Carlsbad Tract 00-20, in the City of Carlsbad, County of San Diego, State of California, According to the Map Thereof No. 15253, Filed in the Office of the County Recorder of San Diego County, January 30,2006 Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after October 3, 2008. If you have any questions, please call Dan Halverson in the Planning Department at (760) 602-4631. If you challenge the General Plan Amendment, Zone Change and/or Specific Plan in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: GPA 07-04/ZC 07-04/SP 07-02 CASE NAME: FENTON CARLSBAD CENTER SPECIFIC PLAN PUBLISH: September 27, 2008 CITY OF CARLSBAD CITY COUNCIL This space is for the County Clerk's Filing Stamp PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times 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: September 27th, 2008 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at OCEANSIDE, California This 29th, day of September, 2008 i Jj Jane Allshouse NORTH COUNTY TIMES Legal Advertising Proof of Publication of NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that theCity Council of the City of Carlsbad will holda public hearing at the Council Chambers,1200 Carlsbad Village Drive, Carlsbad, California, at6:00 p.m. on Tuesday, October 7, 2008, to considerapproving a Mitigated Negative Declaration and Miti-gation Monitoring and Reporting Program; and ap-proving: a General Plan Amendment to change theGeneral Plan Land Use designation from Planned In-dustrial (PI) to Office(O); a Zone Change to changethe zoning from Planned Industrial (P-M) to Office(O); and a Specific Plan (SP 07-02) for five (5) lots onproperty generally located on the west side of ElCamino Real between College Boulevard and Fara-day Avenue in Local Facilities Management Zone 5and more particularly described as: Lot 1 through Lot 5 of Carlsbad Tract 00-20, in theSity of Carlsbad, County of San Diego, State ofalifornia, According to the Map Thereof No.15253, Filed in the Office of the County Recorderof San Diego County, January 30, 2006 Those persons wishing to speak on this proposal arecordially invited to attend the public hearing. Copiesof the agenda bill will be available on and after Octo-ber 3, 2008. If you have any questions, please callDan Halverson in the Planning Department at (760)602-4631. If you challenge the General Plan Amendment, ZoneChange and/or Specific Plan in court, you may be lim-ited to raising onfy those issues you or someone elseraised at the public hearing described in this notice orin written correspondence delivered to the City ofCarlsbad, Attn: City Clerk's Office, 1200 CarlsbadVillage Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: GPA 07-04/ZC 07-04/SP 07-02 CASE NAME: FENTON CARLSBAD CENTERSPECIFIC PLAN PUBLISH: September 27, 2008 NCT 2176505 CITY OF CARLSBADCITY COUNCIL Easy Peel Labels Use Avery® TEMPLATE 5160®j^Feed Paper See Instruction Sheet j for Easy Peel Feature^lAVERY®5160® CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN MARCOS SCHOOL DIST STE 250 255 PICO AVE SAN MARCOS CA 92069 ENCINITAS SCHOOL DIST 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DIST 701 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 OLIVENHAIN WATER DIST 1966OLIVENHAINRD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AVE ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 600 EUCALYPTUS AVE VISTA CA 92084 VALLECITOS WATER DIST 201 VALLECITOS DE ORO SAN MARCOS CA 92069 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 CALIF DEPT OF FISH & GAME 4949 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 601 CHIDDEN 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 9/02/2008 Etiquettes faciles a peler cicn®Cone rla Consultez la feuille www.avery.com 4 onn eif\ AWCDX/ 3SAB aiquediuoo ujuj /g x muj c;g JBUMOJ yp •• ,,8/S ?. x CURRENT RESIDENT 2330 FARADAY AVE CARLSBAD, CA 92008-7216 CURRENT RESIDENT 2320 FARADAY AVE CARLSBAD, CA 92008-7216 CURRENT RESIDENT 2310 FARADAY AVE CARLSBAD, CA 92008-7216 CURRENT RESIDENT 2304 FARADAY AVE CARLSBAD, CA 92008-7216 CURRENT RESIDENT 2308 FARADAY AVE CARLSBAD, CA 92008-7216 CURRENT RESIDENT 2300 FARADAY AVE CARLSBAD, CA 92008-7216 CURRENT RESIDENT 2292 FARADAY AVE CARLSBAD, CA 92008-7238 CURRENT RESIDENT 2280 FARADAY AVE CARLSBAD, CA 92008-7208 CURRENT RESIDENT 2282 FARADAY AVE CARLSBAD, CA 92008-7208 CURRENT RESIDENT 2386 FARADAY AVE CARLSBAD, CA 92008-7221 CURRENT RESIDENT 2200 FARADAY AVE CARLSBAD, CA 92008-7233 CURRENT RESIDENT 2210 FARADAY AVE CARLSBAD, CA 92008-7208 CURRENT RESIDENT 2248 FARADAY AVE CARLSBAD, CA 92008-7208 CURRENT RESIDENT 5545 FERMI CT CARLSBAD, CA 92008-7324 CURRENT RESIDENT 5540 FERMI CT CARLSBAD, CA 92008-7325 *** 15 Printed *** /,€T cf !rthet size 1 x 2 i:/8"!;,n DL FARADAY 220 E 42ND 27TH ST NEW YORK, NY 10017 LORI M SIMPSON 2317 SAN ELIJO AVE CARDIFF, CA 92007-2028 AGNES MIHOLICH 4471 COASTLINE AVE CARLSBAD, CA 92008-3669 1950-A KELLOGG AVEUE PARTNER' 1950 KELLOGG AVE CARLSBAD, CA 92008-6581 ECLECTIC ENTERPRISES L L C 1926 KELLOGG AVE CARLSBAD, CA 92008-5546 MICHAEL M SALOUR 2330 FARADAY AVE CARLSBAD, CA 92008-7216 PLMS HOLDINGS INC 2304 FARADAY AVE CARLSBAD, CA 92008-7216 ISIS PHARMACEUTICALS INC 1896 RUTHERFORD RD CARLSBAD, CA 92008-7326 SHENCO L L C 2382 FARADAY AVE 350 CARLSBAD, CA 92008-7258 ELECTRO SURFACE TECHNOLOGIES 5803 NEWTON DR CARLSBAD, CA 92008-7380 NEWEE CREEK PARTNERS LLC 2248 FARADAY AVE CARLSBAD, CA 92008-7208 DOUGLAS G SIMPSON 5740 FLEET ST 100 CARLSBAD, CA 92008-4704 T M G PROPERTY 1000 PIONEER WAY EL CAJON, CA 92020-1923 M L L FARADAY LLC 169 SAXONY RD 101 ENCINITAS, CA 92024-6779 NOSW LLC 4606 OAK TER OCEANSIDE, CA 92056-2916 CVS INVESTMENTS LLC 100 N RANCHO SANTA FE RD 133 SAN MARCOS, CA 92069-1294 GUIDO PROPERTIES LLC 1833 DIAMOND ST 201 SAN MARCOS, CA 92078-5130 DEI LLC PO BOX 1388 VISTA, CA 92085-1388 FENTON CARLSBAD RESEARCH CENI 7577 MISSION VALLEY RD SAN DIEGO, CA 92108-4432 FARADAY SPECTRUM LLC 4350 EXECUTIVE DR 301 SAN DIEGO, CA 92121-2118 SOLEDAD DEVELOPMENT GROUP L 1 4350 EXECUTIVE DR 301 SAN DIEGO, CA 92121-2118 BMR-2282 FARADAY AVENUE LLC 17140 BERNARDO CENTER DR 222 SAN DIEGO, CA 92128-2088 DEL MAR PHOTONICS INC 4119 TWILIGHT RDG SAN DIEGO, CA 92130-8690 SUNRISE PROPERTY ASSOCS LLC 14524 LODESTAR DR GRASS VALLEY, CA 95949-8362 *** 24 Printed *** Fenton Carlsbad CenterFenton Carlsbad CenterSpecific PlanSpecific PlanGPA 07GPA 07--04/ZC 0704/ZC 07--04/SP 0704/SP 07--0202October 7, 2008October 7, 2008 Proposed ProjectProposed Project„„General Plan Amendment General Plan Amendment ––to change three lots to change three lots from Planned Industrial (PI) to Office (O); from Planned Industrial (PI) to Office (O); „„Zone Change Zone Change ––to change three lots from to change three lots from Planned Industrial (PPlanned Industrial (P--M) to Office (O);M) to Office (O);„„Specific Plan Specific Plan ––to create a business office park; to create a business office park; „„CEQA CEQA ––to adopt a Mitigated Negative to adopt a Mitigated Negative Declaration and Mitigation Monitoring and Declaration and Mitigation Monitoring and Reporting Program. Reporting Program. Location MapLocation MapSALK AVEL CAMINO RE A L PALMER WY FOXTAIL LPFARADAY AVFERMI CTCOUGAR DR EL CAM INO REAL SALK AVCOLLEGE BLPA L M E R W Y FOXTAIL LPSUNNY CREEK RDFARADAY AVF E R M I C TCOYOTE CTCOUGAR DRIMPALA DR0400800200FeetGPA 07-04/ZC 07-04/SP 07-02FENTON CARLSBADMEDICAL CENTERSPECIFIC PLAN12345Open Space EL CAM INO REAL SALK AVCOLLEGE BLPA L M E R W Y FOXTAIL LPSUNNY CREEK RDFARADAY AVF E R M I C TCOYOTE CTCOUGAR DRIMPALA DR0400800200FeetGPA 07-04/ZC 07-04/SP 07-02FENTON CARLSBADMEDICAL CENTERSPECIFIC PLAN12345SFRPIPITaylor Made Open Space Lot 5Lot 1Lots 2 & 3Lot 4¾Lot 1 was changed to Office in 2006; ¾Lots 2, 3, 4 all changing to Office from Planned Industrial; ¾Exception: No medical uses on Lots 2 and 3 regulated through the Specific Plan. OfficeOfficeOffice Open Space Lot 5Lot 1Lots 2 & 3Lot 4oLots 1 & 4 – All Office uses;oLots 2 & 3 – All Office uses except Medical Uses.¾PM Zone–Allow the location of business and light industries engaged in research, light manufacturing, and business and professional offices when engaged in activities with corporate offices or activities that do not cater directly to the General Public.¾Office Zone– Establishes regulations for the development of professional offices and closely related commercial uses which cater to the General Public. Planning Commission ActionsPlanning Commission Actions„„July 16, 2008 July 16, 2008 ––First hearing resulted in a 3First hearing resulted in a 3--3 tie 3 tie vote; the Commissioners had concerns with:vote; the Commissioners had concerns with:„„traffic generation;traffic generation;„„parking, and;parking, and;„„limiting uses on specified lots. limiting uses on specified lots. „„August 20, 2008 August 20, 2008 ––Next hearing the issues were Next hearing the issues were resolved and subsequent vote was 6resolved and subsequent vote was 6--0. 0. Project ConsistencyProject Consistency„„General Plan General Plan ––Office (O) & Open Space Office (O) & Open Space (OS) Land Use designation;(OS) Land Use designation;„„Specific Plan 07Specific Plan 07--02;02;„„Zoning Zoning ––Office (O) Zone;Office (O) Zone;„„Airport Land Use Compatibility Plan for Airport Land Use Compatibility Plan for McClellanMcClellan--Palomar Airport (ALUCP);Palomar Airport (ALUCP);„„Growth Management;Growth Management;„„CEQA.CEQA. RecommendationRecommendationƒƒTo Adopt the Resolution Adopting a Mitigated To Adopt the Resolution Adopting a Mitigated Negative Declaration and Mitigation Monitoring Negative Declaration and Mitigation Monitoring and Reporting Program; andand Reporting Program; andƒƒApprove General Plan Amendment GPA 07Approve General Plan Amendment GPA 07--04; 04; and, and, ƒƒIntroduce the Ordinances Approving a Zone Introduce the Ordinances Approving a Zone Change, ZC 07Change, ZC 07--04, and a Specific Plan,SP 0704, and a Specific Plan,SP 07--02.02.