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HomeMy WebLinkAbout2010-01-26; City Council; 20107; Robertson Ranch PA 22CITY OF CARLSBAD - AGENDA BILL 8 AB# 20,107 MTG. 1/26/10 DEPT. PLN Robertson Ranch PA 22 GPA 09-01/ZC 09-01/MP 02-03(8) CT 09-01/SDP 09-01 DEPT. HEAD '&& ^ CITY ATTY. d^ CITY MGR. UA nt— - RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2010-017 , ADOPTING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, and APPROVING General Plan Amendment (GPA 09-01), Tentative Tract Map (CT 09-01), and Site Development Plan (SDP 09-01), and INTRODUCE Ordinances No. cs-075 and CS-Q76 APPROVING a Zone Change (ZC 09-01) and Master Plan Amendment (MP 02- 03(B)), based upon the findings and subject to the conditions contained therein. ITEM EXPLANATION: Project Application(s) Environmental Review (MND) GPA 09-01 ZC 09-01 MP 02-03(B) CT 09-01 SDP 09-01 PUD 09-01 Administrative Approvals Planning Commission RA RA RA RA RA RA X City Council X X X X X X RA = Recommended Approval * = Final City decision-making authority s = requires Coastal Commission approval On December 16, 2009, the Planning Commission conducted a public hearing and recommended to the City Council approval (7-0) of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, General Plan Amendment, Zone Change, Master Plan Amendment, Tentative Tract Map, and Site Development Plan, and approved a Non-Residential Planned Development Permit associated with a development proposal to subdivide a 10.07 acre site into four lots with 49 airspace condominium office units, and to allow for the grading and construction of a 66,000 square foot three-story office building and a permanent Recreational Vehicle (RV) storage area on property generally located south of Cannon Road, east of El Camino Real, at the southeast corner of the intersection of Wind Trail Way and Cannon Road, within the Robertson Ranch Master Plan, Planning Area 22 and the "Option Parcel," in Local Facilities Management Zone 14. DEPARTMENT CONTACT: Jason Goff 760-602-4643 iason.qo1r@carlsbadca.gov 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 COUNCIL ACTION: APPROVED - DENIED CONTINUED WITHDRAWN AMENDED •*r D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D Page 2 The proposed project requires a General Plan Amendment (GPA) to change the existing General Plan Land Use designations on the project site from Unplanned Area (UA) and Residential Low-Medium Density (RLM, 0-4 du/ac) to Office & Related Commercial (O) and Open Space (OS), and a Zone Change (ZC) to change the existing zoning designation on a portion of the property from Residential Mobile Home Park (RMHP) to Planned Community (P- C). A Master Plan Amendment (MPA) is also required to incorporate the westerly 2.21 acres of a 5.7 acre parcel located to the east of the existing Planning Area 22 into the Robertson Ranch Master Plan; change the underlying zoning of Planning Area 22 from Limited Control (L-C) to Office (O) and Open Space (OS); establish permitted land uses and development standards for PA 22; create a new Robertson Ranch Planning Area 23(G) to include a 1.15 acre open space lot over the wetland buffer for Calavera Creek; and establish a permanent RV storage area on PA 22 to accommodate the RV storage requirements for the entire Robertson Ranch Master Plan. A Tentative Tract Map (CT) and Non-Residential Planned Development Permit (PUD) are required in order to subdivide the property into four lots and 49 air space condominium office units. A Site Development Plan (SDP) is required for the approval of a conceptual site design for the proposed office and RV storage development and to also allow for architectural features of the office building to extend up to 55 feet in height. The Planning Commission heard testimony from four members of the public. A full disclosure of the Planning Commission's actions and a complete description and staff analysis of the proposed project is included in the attached minutes and Planning Commission staff report. The Planning Commission and staff are recommending approval of the proposed legislative and discretionary actions. FISCAL IMPACT: There are no fiscal impacts from the proposed project. All public facilities required to complete this project will be funded and/or constructed by the developer. ENVIRONMENTAL IMPACT: Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code, staff has conducted an environmental impact assessment to determine if the project could have any potentially significant impact on the environment. The environmental impact assessment identified potentially significant impacts to cultural resources and noise, and mitigation measures have been incorporated into the design of the project or have been included as conditions of approval for the project such that all potentially significant impacts have been mitigated to below a level of significance. Consequently, a Notice of Intent to adopt a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) was published in the newspaper for review and comment with copies also sent directly to the United States Fish and Wildlife Service (USFWS) and the California Department of Fish and Game (CDFG). One public comment letter was received from Preserve Calavera during the 20-day public review period, which began on October 21, 2009 and ended on November 10, 2009. A response of "no comment" was received from USFWS, and no comments were received from CDFG. The Preserve Calavera comments and staff's responses are included as an attachment at the back of the MND (see Planning Commission Resolution No. 6657). An addendum has also been prepared in accordance with Section 15164 of CEQA to include an additional mitigation measure to address the payment of habitat in-lieu fees. This addition has no new significant environmental effects not analyzed in the previously circulated MND, and none of the Page 3 circumstances requiring recirculation or a subsequent Mitigated Negative Declaration under CEQA Guidelines Section 15162 exist. EXHIBITS: 1. City Council Resolution No. 2010-017 2. City Council Ordinance No. CS-075 3. City Council Ordinance No. cs-076 4. Location Map 5. Planning Commission Resolutions No. 6657, 6658, 6659, 6660, 6661, 6662, and 6663 6. Planning Commission Staff Report dated December 16, 2009 7. Draft Excerpts of Planning Commission Minutes, dated December 16, 2009. EXHIBIT 1 1 RESOLUTION NO. 2010-017 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED 3 NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM AND ADDENDUM, AND 4 APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN (GPA 09-01) TO CHANGE THE 5 GENERAL PLAN LAND USE DESIGNATION ON A 4.37 ACRE PARCEL IDENTIFIED IN THE ROBERTSON RANCH MASTER 6 PLAN AS PLANNING AREA 22 FROM UNPLANNED AREA (UA) TO OFFICE & RELATED COMMERCIAL (O) AND OPEN SPACE 7 (OS), AND TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION ON A 2.21 ACRE WESTERLY PORTION OF THE 8 ADJACENT PARCEL, REFERRED TO IN THE MASTER PLAN AS THE "OPTION PARCEL," FROM RESIDENTIAL LOW- 9 MEDIUM DENSITY (RLM, 0-4 DU/AC) TO OFFICE & RELATED COMMERCIAL (O) AND OPEN SPACE (OS); APPROVING A 10 TENTATIVE TRACT MAP (CT 09-01) TO SUBDIVIDE 10.07 ACRES INTO FOUR LOTS WITH 49 AIRSPACE CONDOMINIUM 11 OFFICE UNITS; AND APPROVING A SITE DEVELOPMENT PLAN (SDP 09-01) TO DEVELOP A 5.43 ACRE SITE WITH A 12 RECREATIONAL VEHICLE STORAGE AREA AND A 66,000 SQUARE FOOT, 43.5 FOOT TALL, THREE STORY OFFICE 13 BUILDING, WITH ARCHITECTURAL FEATURES EXTENDING TO 55 FEET IN HEIGHT ON PROPERTY GENERALLY 14 LOCATED SOUTH OF CANNON ROAD, EAST OF EL CAMINO REAL, AT THE SOUTHEAST CORNER OF THE INTERSECTION 15 OF WIND TRAIL WAY AND CANNON ROAD, WITHIN THE ROBERTSON RANCH MASTER PLAN, PLANNING AREA 22 16 AND THE "OPTION PARCEL," IN LOCAL FACILITIES MANAGEMENT ZONE 14. 17 CASE NAME: ROBERTSON RANCH PA 22 CASE NO.: GPA 09-01/CT 09-01/SDP 09-0118 The City Council of the; City of Carlsbad, California, does hereby resolve as 19 follows: 20 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 21 Commission did, on December 16, 2009, hold a duly noticed public hearing as prescribed by 22 law to consider the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 23 Program and Addendum, as referenced in Planning Commission Resolution No. 6657, General 24 Plan Amendment GPA 09-01, according to Exhibit "GPA 09-01" attached to Planning 25 Commission Resolution No. 6658, Tentative Tract Map CT 09-01 as referenced in Planning 7f> Commission Resolution No. 6661, and Site Development Plan 09-01 as referenced in Planning 27 Commission Resolution No. 6662; and the Planning Commission adopted Planning Commission M 1 Resolutions No. 6657, 6658, 6661 and 6662 recommending to the City Council that they be 2 approved; and 3 WHEREAS, the City Council of the City of Carlsbad, on the ?6t-h day of 4 January , 2010, held a duly noticed public hearing to consider said Mitigated 5 Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, 6 General Plan Amendment, Tentative Tract Map, and Site Development Plan; and 7 WHEREAS, at said public hearing, upon hearing and considering all testimony 8 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors 9 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program 10 and Addendum, General Plan Amendment, Tentative Tract Map, and Site Development Plan. 11 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City 12 of Carlsbad as follows: 1. That the above recitations are true and correct. 14 2. That the recommendation of the Planning Commission for the adoption of 15 a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, and approval of a General Plan Amendment (GPA 09-01), Tentative Tract Map (CT 16 09-01), and Site Development Plan (SDP 09-01) are adopted and approved, and that the findings and conditions of the Planning Commission contained in Planning Commission 17 Resolutions No. 6657, 6658, 6661 and 6662 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 18 3. That the application for a General Plan Amendment to change the 19 General Plan Land Use designation on a 4.37 acre parcel identified in the Robertson Ranch Master Plan as Planning Area 22 from Unplanned Area (UA) to Office & Related Commercial 20 (O) and Open Space (OS), and to change the General Plan Land Use designation on a 2.21 acre westerly portion of the adjacent parcel, referred to in the master plan as the "Option 21 Parcel," from Residential Low-Medium Density (RLM, 0-4 du/ac) to Office & Related Commercial (O) and Open Space (OS) on property generally located south of Cannon Road, 22 east of El Camino Real, at the southeast corner of the intersection of Wind Trail Way and Cannon Road, within the Robertson Ranch Master Plan, in Local Facilities Management Zone 23 14, as shown in Planning Commission Resolution No. 6658, is hereby accepted and approved, and shall be effective no sooner than thirty days after its adoption. 24 4. This action is final the date this resolution is adopted by the City Council. 25 The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: 26 ///27 28 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "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 26tb day of January 2010, by the following vote, to wit: AYES: Council Member? Lewi?, Kulcbin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. ATTES LOrtRAINE/fo. WOOD/fyty Clerk (SEAL) -3- EXHIBIT 2 1 ORDINANCE NO. CS-07S 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF 3 THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE FROM 4 RESIDENTIAL MOBILE HOME PARK (RMHP) TO PLANNED COMMUNITY (P-C) ON A 2.21 ACRE PORTION OF A 5.7 ACRE 5 PARCEL GENERALLY LOCATED NORTH OF RANCHO CARLSBAD ESTATES, SOUTH OF CANNON ROAD, AND EAST 6 OF THE ROBERTSON RANCH MASTER PLAN, PLANNING AREA 22, IN LOCAL FACILITIES MANAGEMENT ZONE 14. 7 CASE NAME: ROBERTSON RANCH PA 22 CASE NO.: ZC 09-01 8 The City Council of the City of Carlsbad, California, does hereby resolve as 9 follows: 10 SECTION I: That Section 21.05.030 of the Carlsbad Municipal Code, being the 11 City's zoning map, is amended as shown on the map marked Exhibit "ZC 09-01," dated 12 December 16, 2009 attached hereto and made a part hereof. 1^ SECTION II: That the findings and conditions of the Planning Commission as set 14 forth in Planning Commission Resolution No. 6659 constitute the findings and conditions of the 15 City Council. 16 EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days 17 after its adoption and the City Clerk shall certify to the adoption of this ordinance and cause it to 18 be published at least once in a publication of general circulation in the City of Carlsbad within 19 fifteen days after its adoption. 20 /// 21 ///22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 -1- 1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City 2 Council on the y26tb day of January 2010, and thereafter. 3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 4 Carlsbad on the day of 2010, by the following vote, to wit: 5 AYES: 6 NOES: 7 ABSENT: 8 9 10 CLAUDE A. LEWIS, Mayor ATTEST:12 13 14 LORRAINE M. WOOD, City Clerk 15 (SEAL) 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- Exhibit "ZC 09-01' December 16, 2009 ZC 09-01 Robertson Ranch PA 22 Rancho Carlsbad Moble Home Park EXISTING Rancho Carlsbad Moble Home Park PROPOSED Related Case File No(s): GPA 09-01 / ZC 09-01 / MP 02-03(B) CT 09-01 / SDP 09-01/ PUD 09-01 Zoning Designation Changes Property A.168-050-55 From: RMHP To: P-C / RMHP EXHIBIT 3 1 ORDINANCE NO. cs-n7R 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO 3 | THE ROBERTSON RANCH MASTER PLAN, MP 02-03(B) FOR PROPERTY GENERALLY LOCATED IN PLANNING AREA 22 4 OF THE ROBERTSON RANCH MASTER PLAN AND A 2.21 ACRE WESTERLY PORTION OF THE 5.7 ACRE ADJACENT 5 PROPERTY REFERRED TO IN THE MASTER PLAN AS THE "OPTION PARCEL" LOCATED SOUTHEAST OF THE 6 INTERSECTION OF WIND TRAIL WAY AND CANNON ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 14. 7 CASE NAME: ROBERTSON RANCH PA 22 CASE NO.: MP 02-03(6) 8 The City Council of the City of Carlsbad, California, does ordain as follows: WHEREAS, the City Council approved the Robertson Ranch Master Plan 10 MP 02-03 on November 14, 2006 by adopting Ordinance No. NS-822; and WHEREAS, after procedures in accordance with the requirements of law, the City Council has determined that the public interest indicates that said master plan amendment MP 02-03(B) be approved; and WHEREAS, the City Council did on the 26tb day of January ., 2010 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, said application constitutes a request for a Master Plan Amendment as shown on Exhibit "MP 02-03(B)" dated November 16, 2009 incorporated by reference. 19 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as 20 follows: SECTION I: That Master Plan Amendment MP 02-03(6) dated November 16, 22 2009 attached hereto, and incorporated herein by reference, is approved. The Master Plan 23 shall constitute the development plan for the property and all development within the plan area 24 shall conform to the plan. 25 SECTION II: That the findings and conditions of the Planning Commission in 26 Planning Commission Resolution No. 6660 shall also constitute the findings and conditions of 27 the City Council. 28 /// 1 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 2 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be 3 published at least once in a publication of general circulation in the City of Carlsbad within 4 fifteen days after its adoption. 5 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City 6 Council on the 26 tb day of January 2010, and thereafter. 7 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of 2010, by the following vote, to wit: 9 AYES: 10 NOES: ABSENT: 12 ABSTAIN: 13 14 15 CLAUDE A. LEWIS, Mayor 16 ly ATTEST: 18 19 LORRAINE M. WOOD, City Clerk 20 (SEAL) 21 " 22 23 24 25 26 27 28 -2- Exhibit "MP 02-03(8)" November 16, 2009 ROBERTSON RANCH MASTER PLAN PROPOSED MASTER PLAN AMENDMENT PLANNING AREA 22 Proposed Revised Pages \"L Robertson Ranch I. INTRODUCTION East Village Land Uses The Architectural Design Guidelines are intended to evoke a rural atmosphere by utilizing the architectural elements consistent with both traditional European and related early California design. The Landscape Design Guidelines establish the project's character and provide thematic continuity throughout the entire community. Through the thematic blending of hardscape and planting elements, the landscape plan helps create a strong "sense of identity." Elements of the landscape theme include appropriately landscaped common areas and landscape materials identified with rural communities, including river rock, stone, clusters and groves of trees, wood materials, earth-tone colors, and a diversity of materials. The 178.6-acre East Village provides 469 dwelling units including four single-family residential Planning Areas consisting of three planning areas totaling 304 dwelling units on 5,000 square-foot lots2 and one planning area consisting of 87 courtyard homes, in addition to a multifamily neighborhood composed of 78 units. The affordable units for the East Village will be accommodated in the multifamily neighborhood. The majority of the East Village single-family neighborhoods will utilize a grid-pattern of streets, resulting in a high degree of internal connectivity, in conformance with the Ahwahnee Principles. The nonresidential portion of the East Village includes 3.6 acres (3.3 net acres) of the 10.4-acre elementary school site, 2.0 net acres of the required Community Recreation facilities within a centrally-located community park site, and approximately 16.5 acres of roads. The East Village also provides approximately 72.4 acres of open space, mostly located within the wildlife corridor, as well as recreation and circulation trails to encourage alternative transportation methods, in conformance with the Ahwahnee Principles. Planning Area 22, located south of Cannon Road between Street "A" and Street "O" within the East Village, shall be designated for office use and a permanent RV storage facility for the Robertson Ranch Master Plan, as an "Unplanned Area." with the intent that final land use designations will be determined upon the complotion of a comprehensive study for-Planning Aroa 22 and tho adjacent "Option Parcel." Until a permanent use for Planning 22 is identified, Planning Area 22 may be used as a temporary RV storage facility for tho East Village, subject to tho approval of a Conditional Uso Permit. Permanent future land uses for Planning Area 22 shall be compatible with tho surrounding neighborhood and tho adjacent "Option Parcel," and will be subject to the approval of a Master Plan Amendment (pursuant to Section V.E of this Master Plan), as well as any other discretionary actions deemed necessary based on tho proposed land uses. The 3.5-^7-acre "Option Parcel" located between Planning Areas 22 and 23F is expected to be purchased either by the City or by the Rancho Carlsbad Homeowners' Association (RCHOA) for use as an RV Storage Facility/Community Garden. In the event that the Option Parcel is not purchased for this use, then a Major Master Plan Amendment may be processed to include the Option Parcel within the Master Plan, pursuant to Section V.E of this Master Plan: Ultimate land uses would be determined during the Master Plan Amendment process. Within Planning Area 18, a minimum lot size of 4,500 square feet is permitted for those lots which abut Cannon Road. Robertson Ranch Master Plan Page 1-17 November 11. 2006August 10.2009 LEGEND RLM Low Medium Density (0-4 DU/AC) RM Medium Density (4-8 DU/AC) RMH Medium High Density (8-15 DU/AC) RH High Density (15-23 DU/AC) E Elementary School ©L Community Facility/Local Shopping Center OS Open Space UA Un-Planned Area O Office OS Robertson Ranch FIGURE NO. II-l AMENDED GENERAL PLAN LAND USE MAP MASTER PLAN_PAGE 11-7 LEGEND R-1-7,500 One Family Residential Zone -7 500 SF Lot Size R-1-10,000 One Family Residential Zone -10.000 SF Lot Size RD-M Resioential Density - Multiple Zone CL/CF Local Shopping Center/ Community Facility L-C Limited Control OS Open Space OS (CR) Open Space (Community Recreation) OS (P) Open Space (Park) 0 Office OS Robertson Ranch FIGURE NO II-3 UNDERLYING MASTER PLAN ZONE DESIGNATIONS MASTER PLAN_PAGEII-10 V PA 13/PA 14 Alternative Use PA 41.1 Gross AC. 1 () Net ACCommunity Recreation NOTES * ALTERNATIVE USES AVAfLABLE - SEE TEXT »* SEE TEXT FOR DISCUSSION Robertson Ranch FIGURE NO. II-4 AMENDED GENERAL PLAN LAND USE MAP MASTER PLAN.PAGE 11-12 COPY Robertson Ranch II. DETAILED PLAN DESCRIPTION Land Use Overlay" (herein, "Interim Land Use Overlay") until such a time that the "Final Land Uses" depicted on Figure 11-4, Master Plan Land Use Plan, are implemented. Figure 1 1-5, Interim Land Use Overlay, depicts the portions of the West Village that are affected by the Interim Land Use Overlay. The purpose of the Interim Land Use Overlay is to allow for the immediate development of portions of the Master Plan, while allowing agricultural and open space uses to continue during the interim period. During the interim period, only the multifamily uses within Planning Area 1, the RV Storage Facility within Planning Area 2, the multifamily housing in Planning Areas 7 and 8, the Community Facilities/Commercial Village Center in Planning Area 1 1, the community park site within Planning Area 12, and the Elementary School in Planning Area 13 may be implemented. As indicated on Figure 1 1-5, the remaining portions of the West Village that are not already designated for open space are designated with the "Interim Land Use Overlay." As described in further detail in Section III, DEVELOPMENT AND REGULATORY PROVISIONS, the uses allowed by the Interim Land Use Overlay shall be limited to agricultural or open space uses, and shall be consistent with resource agency requirements. Prior to implementation of the West Village uses depicted on Figure 1 1-4, a "Focused Master Plan Amendment," as described in Section V. Master Plan Implementation Measures, shall be approved in order to remove the Interim Land Use Overlay from any West Village planning area(s) affected by such an amendment. Until a Focused Master Plan Amendment for any West Village planning area(s) has been approved, the land uses approved with the adoption of this Master Plan shall consist of the RV Storage Facility in Planning Area 2, multifamily homes in Planning Areas 7 and 8, the Community Facility/Commercial Village Center, the park site within the West Village, the Elementary School, and all the land uses within the East Village, as described below. 3. East Village Land Uses The East Village land uses are not affected by the "Interim Land Use Overlay" designation, and a Focused Master Plan Amendment will not be necessary for the proposed East Village planning areas. However, a Major Master Plan Amendment would be required to incorporate the Option Parcel into the Master Plan Boundaries, in accordance with Sections II.F and V.E of this Master Plan. Residential land uses within the East Village include a maximum of 469 dwelling units, composed of 391 single family residential dwelling units including 304 single family units on 5,000 square foot lots2 and 87 courtyard homes. Additionally, 78 multifamily units would be provided (including the required number of "affordable" units). Nonresidential land uses proposed for the East Village include 3.3 net acres of elementary school uses, 2.0 acres of community recreation, 5.43 acres of office use and RV storage lot and 73.55Sr4 acres of natural and re- vegetated open space. An additional 1.3 aoros within tho East Village are reserved as on Unplanned Area (i.e., Planning Area 22), and a Master Plan Amendment would be required in the future to identify1 specific usos for this planning area, in accordance with Master Plan Section 4. West Village Land Uses Upon approval of a "Focused Master Plan Amendment," the Interim Land Use Overlay, as depicted on Figure 11-5, will be removed from any West Village planning area(s) affected by such an amendment, and the "Final Land Uses" depicted on Figure 1 1-4 may be implemented. 2 Within Planning Area 18, a minimum lot size of 4,500 s.f. is permitted for those lots which abut Cannon Road. Robertson Ranch Master Plan Page 11-15 November 11. 2006August 10. 2009 LEGEND IZZ] dD O Open Space Park Community Recreation Areas to be Developed Regional Trail Connection/ Trailhead proposed and within each planning area pi opusol f<ii coniiin subject to the requirements Of the Master Plm « planned dcvclctpmi PAS9.8 Gross AC.B 2 Net Ar POTENTIAL LOCATION FOR FUTURE CITY-WIDE TRAIL POTENTIAL LOCATION FOR REGIONAL TRAIL CONNECTION/ TRAILHEAD 'PA 23F23 Grass ACOpen Space FUTURE CITY.WIDE TRAIL PA 23G1.1 Gross AC.Open Space PA 192.0 Gross AC2.0 Net AC Recicaliori VOTES: * ALTERNATIVE USES AVAILABLE - SEE TEXT '* SEE TEXT FOR DISCUSSION Robertson Ranch FIGURE NO. 11-6 OPEN SPACE PLAN AND RECREATION PLAN MASTER PLAN, / j'ANIUAL UNDERCROSS/NG ' / (6HX12W) ARCHED CULVERT Total CSS: 71.6 AC.tmpacta: 22.6 AC. <31 6%) P™s«v«J: 4S.OAC (6S.XX)UTILITY TOWERS EL CAMINO REAL BRACING (SLOPE RESTORED TO DCSS) City of Carlsbad Habitat Management Plan - Zone 14 HMP Hardline Map - September 15, 2004 with Tamarack Connection Modifications Master Plan Land Use Plan Overlay - April 20, 2007limn iimiv BUNCH Robertson Ranch FIGURE NO II-8 HMP HARDLINE MAP MASTER PLAN.PAGE II-25 Robertson Ranch II. DETAILED PLAN DESCRIPTION in the East Village and may include active recreation facilities as well as passive recreation areas, including open turf play area, basket ball court, shuttle board, horse shoes, barbeque area, picnic tables, bench seating, and a periphery decomposed granite trail. Community recreation facilities as required by the Planned Development Ordinance also will be provided within the West Village of the Master Plan. As indicated in Table II-l, the West Village of the Master Plan will exceed the community recreation requirements for the neighborhoods within the West Village with the provision of up to 3.45 net acres of community recreation facilities. Community recreation facilities within the West Village include a minimum 1.0 net acre community recreation facility within Planning Area 4. In addition, at least 10,000 square feet of community recreation area will be provided within each single-family Planning Area that is subject to the PDO, while no less than 100 square feet per unit of community recreation area will be provided within each multifamily neighborhood. The community recreation facilities within Planning Area 4 shall include passive and active facilities and shall include tables and benches and/or outdoor seating areas. The exact size and location of all of the required recreation areas shall be determined at the time of tentative map or development plan approval for each Planning Area. 1. RV Storage Section 21.45.060 of the Carlsbad Municipal Code (General Requirements for Planned Development) requires that a minimum of 20 square feet of RV Storage Area be provided for each dwelling unit in a planned development (note that rental apartment «mtsproiects.-afld standard single family lots, and projects located within the RMH and RH land use designation are not required to provide included in tho RV Storage and therefore have not been included in the RV Storage Calculation). Of the total project dwelling units, a maximum of 320449 of the dwelling units located in the East Village and 232594 of the units on the West Village of the Robertson Ranch Master Plan are subject to Section 21.45.060, which results in a total maximum requirement of approximately 0.2549 acre, excluding drive lanes, for the Master Plan. Planning Area 22 located in the EastWest Village, within the physical boundaries of Planning Area 3;-is intended to meet the RV Storage requirements of Section 21.45.060 for the entire Master Plan. Tho sizo of Planning Area 22 will contain an RV storage lot that is a minimum of 11,040 square feet (approximately 0.25 acres') in size, be identified in the future upon proocssing of a Special Use Permit and Planned Development Permit, and shall include a minimum of 0.19 aero, in addition to any required drive lanes. It is anticipated that Planning Area 22, RV Storage, will be developed in conjunction with development of the East Village. Robertson Ranch Master Plan Page 11-30 November 14. 20Q6Aygust 10. 2009 Robertson Ranch II. DETAILED PLAN DESCRIPTION In the event that Planning Area 2 is not constructed concurrent-with-the residential neighborhoods of the East Village, a temporary RV Storage Facility may bo provided within any single family neighborhood of the East Village, or in another location acceptable to the City, subject to approval of a Conditional Use Although it is intended that Planning Area 22 accommodate the entire RV storage obligation for the Master Plan area. Planning Area 2 in the West Village allows for RV storage also. Table II-l Community Recreation Requirements PLANNING AREA DWELLING UNITS1 TOTAL COMMUNITY RECREATION REQUIRED w MINIMUM ON-SITE COMMUNITY RECREATION AREA REQUIREMENT2'4'7 REMAINING COMMUNITY RECREATION REQUIREMENT2'5 TOTAL COMMUNITY RECREATION AREA REQUIRED BY MASTER PLAN2'7 WEST VILLAGE 1 3 4 6 7 8 10 Total West Village8: 27 82 - 61 201 186 37 594 5,400 s.f. 6 1 6,400 s.f. -- 12,200 s.f. 30, 150 s.f. 27,900 s.f 7,400 s.f. 99,450 net s.f. (2.28 net acres) 10,000 s.f.6'7 10,000 s.f. N/A 10,000 s.f. 20,100 s.f 18,600 s.f.7 10,000 s.f. 78,700 net s.f. (1.81 net acres) Os.f. 6,400 s.f. N/A 2,200 s.f. 10,050 s.f. 9,300 s.f. Os.f. 27,950 net s.f. (0.64 net acres) 10,000 s.f.6 16,400 s.f. 43,560 s.f.5 12,200 s.f. 30, 150 s.f. 27,900 s.f. 10,000s.f. 150,2 10 net s.f. (3.45 net acres) EAST VILLAGE 15 16 17 18 19 21 Total East Village8: 78 85 109 110 — 87 469 11, 700 s.f. 17,000 s.f. 2 1,800 s.f. 22,000 s.f. — 17,400 s.f. 89,900 net s.f. (2.06 net acres) 7,800 s.f.7 10,000 s.f. 10,000 s.f. 10,000 s.f. N/A 10,000 s.f. 47,800 net s.f. (1.10 net acres) 3,900 s.f. 7,000 s.f. 11, 800 s.f. 12,000 s.f. N/A 7,400 s.f. 42,100 net s.f. (0.97 net acres) 11, 700 s.f. 17,000 s.f. 2 1,800 s.f. 22,000 s.f. 43,560 s.f.5 17,400 s.f. 133,460 net s.f. (3.06 net acres) Robertson Ranch Master Plan November It. 2Q06July 1.2009 Page 11-31 Robertson Ranch II. DETAILED PLAN DESCRIPTION 1. Dwelling Units shown reflect those Planning Areas subject to community recreation requirements. 2. Values depicted are net square footage, as required by the Planned Development Ordinance, based on 200 square feet/unit for single- family and courtyard residential Planning Areas and 150 s.f/unit for multifamily Planning Areas. 3. A minimum of 75% of the total community recreation requirement shall be provided as active recreation areas. 4. In no case shall less than 10,000 square feet of community recreation area be provided within any courtyard residential or single-family Planning Area subject to the PDO, nor shall less than 100 square feet of community recreation space per dwelling unit be provided within any multifamily Planning Area. 5 Any area provided in Planning Areas 4 or 19 in excess of the Base Master Plan Community Recreation Requirement of 1.0 net acre per Village may be applied toward the Remaining Community Recreation Requirement. Alternatively, the Remaining Community Recreation Requirement may be met on-site within the Planning Area. 6. In the event that Planning Area 1 is developed with for-rent multifamily units, then Ihe total community recreation requirement shall consist only of 100 square feet of community recreation space per unit to be provided on-site within the planning area. 7 This table assumes all units within these planning areas will be for-sale units and will be subject to the PDO (except where modified by this Master Plan). However, Multifamily rental units are not subject to the PDO and different recreation standards apply (refer to Master Plan Section Ill.A for a detailed description of the community recreation requirements that apply to each planning area). For multifamily rental units, only the Minimum On-Site Community Recreation Area Requirement (i.e., 100 square feet per unit) shall apply. 8. In the event that the alternative land uses identified for Planning Areas 13 and 14 are implemented, then the required recreation acreage shall be increased accordingly. In addition, Planning Area 22 (Unplanned Area) may be used as a temporary RV storage facility for tho East Village until an appropriate pormanont use for Planning Area 22 is identified. Development of a temporary RV storage facility in Planning Area 22 is subject to tho approval of a Conditional Uso Permit. RV storage shall be subject to the development standards of the Carlsbad Municipal Code Sec. 21.42.140.B.120. RV Storage shall be provided concurrent with the occupancy for residential (for sale) neighborhoods. 2. Water Quality Facility Planning Area 20 is designated as a 2.9-acre Water Quality Facility designed to control storm water runoff volume and quality. Storm water traversing Planning Areas 14, 15, 16, 17, 18, 19, 21, and 22 will be directed to Planning Area 20, where the water will be bio-treated in accordance with best management practices for storm water management. 3. Roadways The Robertson Ranch Master Plan will require the construction of approximately 10.9 acres of roadways to provide access within the community. An additional 12.8 acres of roadways within the Robertson Ranch Master Plan boundaries (Cannon Road and College Boulevard) have been completed pursuant to the development requirements of the approved Calavera Hills Master Plan located adjacent to the north. The Robertson Ranch Master Plan will be responsible for completing the construction of the outside lanes, medians and final landscaping for these two General Plan roadways. The on-site project network of roadways will account for less than 3 percent of the total project area. The on-site traffic will be conveyed by a hierarchical circulation system, which ranges in right-of- way widths from 96 feet (Street "Z") to 56 feet (cul-de-sacs), and shall be designed to comply with City Standards. The precise design and alignment of project roadways will be delineated by tentative tract maps, which shall be subject to review and approval by the City of Carlsbad. Robertson Ranch Master Plan Page 11-32 Novcmbor 11. 2006]uly 1. 2009 Robertson Ranch II. DETAILED PLAN DESCRIPTION Improvements to El Camino Real shall be made as part of the Robertson Ranch Master Plan West Village development, including a third lane and right turn pocket onto Tamarack Avenue. Outside lanes, medians and final landscaping shall be constructed on Cannon Road and College Boulevard as part of East and West Village development. F. General Provisions 4. Growth Management The Robertson Ranch Master Plan shall comply with all provisions of the Carlsbad Municipal Code, Section 21.90 (Growth Management Program). The Master Plan developer or the developer of any portion of the Master Plan, by pulling building permits pursuant to the Master Plan and the Local Facilities Management Plan (LFMP) (as amended) and the Finance Plan (as amended), agrees that all of the dedication and other public facility requirements imposed as a condition of the Zone 14 LFMP (as amended) and the Finance Plan (as amended), are reasonably necessary to serve the needs of the development for which the building permits are required. (The rest of this page left blank.) Robertson Ranch Master Plan Page ll-32(a) November 11. 2006July 1. 2009 Robertson Ranch II. DETAILED PLAN DESCRIPTION regardless of the above density transfer provisions except as otherwise provided by Chapter 21.86 of the Carlsbad Municipal Code. • Only those Planning Areas that are designated for residential use by this Master Plan may receive transferred units, including Planning Area II. • If units are transferred between Villages, then the affordable housing obligation and recreation requirements for each Village shall be revised accordingly. • As discussed in Section V, MASTER PLAN IMPLEMENTATION MEASURES, a Minor Master Plan Amendment shall be required for each proposed transfer of density of 10 percent or less within the Master Plan and a Major Master Plan Amendment shall be required for density transfers exceeding 10 percent. 4. Option Parcel Approximately 3.55v? acres of land located between Planning Areas 22 and 23F is proposed to be purchased by the Rancho Carlsbad Homeowners' Association (RCHOA) for use as an RV Storage Facility/Community Garden. In the event that the Option Parcel is not acquired by the RCHOA for this purpose, then the Option Parcel may be incorporated into the Master Plan through a Major Master Plan Amendment (refer to Section V), in which case the Master Plan acreage shall increase to 403.7 acres. 5. Unplanned ArcaPA 22 Offices/RV Storage Planning Area 22 shall be designated as an "Unplanned Office/RV Storage Area" in the Master Plan._ with the intent that Final Land Uso designations will be determined upon the completion of a-comprehensive land use study for Planning Area 22 and the adjacent "Option Parcel." Future land uses shall bo subject to approval of a Master Plan Amendment and any other discretionary applications doomed nooossary based on tho proposed land UGOS. Any future development proposals for Planning Aroa 22 and the adjacent "Option Parcel" shall take the following into consideration: a)—Line of sight from Ranoho Carlsbad to tho proposed development; b) Hours of operation of any proposed use; e)—Noise and light mitigation from the proposed project; and d)—Site designs that reduce landform alteration, where feasible, and minimize tho removal of hoalthy mature trees. It is intended that PA 22 provide permanent RV Storage to accommodate the requirement for both the East Village and the West village. This requirement shall not preclude the use of Planning Area 22 as a temporary RV storage facility for the East Village, subject to the approval of a Conditional Use Permit. It shall also not preclude the option of the West Village developer providing separate RV Storage facilities within PA 2. 6. Recordation Notice of the approval of the Robertson Ranch Master Plan by the City Council of the City of Carlsbad shall be recorded with the County of San Diego Recorders Office. 7. Non-Vesting of Rights Master development plans shall be evaluated in accordance with Municipal Ordinances and Policies in force at the time said plans are before the Planning Robertson Ranch Master Plan Page 11-34 November 14, 2006August 10. 2009 III. DEVELOPMENT AND Robertson Ranch REGULATORY PROVISIONS s) Planning Area 2 - RV Storage - Site Zoning Regulations and Criteria (see Figure III-l, Planning Areas 1 and 2) Description Planning Area 2 will be developed as a Recreation Vehicle (RV) Storage facility and will be located within the physical boundaries of Planning Area 1. The total acreage provided for Planning Area 2 is to be determined, and may be located within Planning Area 1, subject to the approval of a Special Use Permit and a Planned Development Permit. This RV facility will satisfy the RV storage requirements for Planning Areas subject to the City's Planned Development Ordinance which requires 20 square feet of RV storage area per residential unit. It is anticipated that approximately 0.49 acre, exclusive of driveways and circulation, are required for the entire Master Plan. It should be noted that if the alternative land uses identified for Planning Areas 13 and 14 are implemented, then the required acreage for RV Storage within the Master Plan would increase to 0.51 acre. Access to Planning Area 2 will be identified at the time of application for a Planned Development Permit and Special Use Permit as required to develop the site for RV Storage. The final calculation of required RV parking area for the Master Plan shall be determined at the tentative map stage for the West Village. The required Site Development Plan and Special Use Permit for Planning Area 2 may be submitted alone or in association with the Planned Unit Development Permits of any Planning Area within the Master Plan. Note: As an option, the developer of the West Village may utilize PA 22 to accommodate the West Village RV Storage requirement, (subject to approval of a Master Plan amendment to eliminate the RV Storage use on PA 2). Implementation of Master Plan Vision and Goals The purpose of this Planning Area, including its design standards and allowed uses, is to provide for RV storage and parking for all properties within the Robertson Ranch Master Plan that will be for-sale units - whether single family detached units, or condominiums. This planning area complies with the Ahwahnee Principles by providing the community with a need for storage that is well screened from public view so as to not detract from the overall attractiveness of the Village. Planning Area 2 will be located so that it is well screened from surrounding views. Final Land Use Regulations • General Plan Land Use Designation: RV (Medium Density, 4-8 du/ac) • Underlying Zone Designation: RD-M (Residential Density-Multiple) • RV storage, washing and a dump station area shall be permitted within Planning Area 2, in accordance with applicable local or state law. • Buildings which are incidental to the RV Storage Facility also are permitted, and may include the provision of a mobile home or small office for a full-time on-site manager. Product Type Not Applicable. Robertson Ranch Master Plan Page 111-10 November M. 2006August 10. 2009 III. DEVELOPMENT AND Robertson Ranch __ REGULATORY PROVISIONS s) Planning Area 22 - Unplanned ArcuOffice and RV Storage - Site Zoning Regulations and Criteria (see Figure III- 18, Planning Area 22) Description Planning Area 22 consists of approximately 4.3 gross aoros and is provided access via a local street extending from the intersection of Street 'A' and Cannon Road. Planning Area 22 is designated as an "Unplanned Area" in the Master Plan. The final land use designation for Planning Area 22 will be determined upon the completion of a comprehensive land use study to determine appropriate uses for Planning Area 22 and the adjacent "Option Parcel." Development of Planning Area 22 will require approval of a Master Plan Amendment as well as anhy other discretionary permit deemed necessary based on tho proposed land uses. Any future development proposals for PA 22 shall take into consideration the following: • Lino of sight from Ranoho Carlsbad to the proposed development; * Hours of operation of any proposed uses; * Noise and light mitigation from the proposed project; and • Sito designs that reduce landform alteration, where feasible, and reduce the - removal of hoalthy mature trees. Prior to the adoption of a final land use designation, Planning Area 22 may bo developed as a temporary RV storage facility for tho East Village, subject to approval of a Conditional Use Description Planning Area 22 consists of approximately 6.58 gross acres and is provided access via a local street or driveway extending from the intersection of Street "A" and Cannon Road. Planning Area 22 is designated for Office and RV storage lot uses. Implementation of Master Plan Vision and Goals Once a permanent land use for Planning Area 22 has boon approved, the site shall be designated in a manner cinsistent with the Master Plan Vision and Goals and the Ahwahnee Principles. Implementation of Master Plan Vision and Goals Planning Areas 22 shall be designed in a manner consistent with the Master Plan Vision and Goals and the Ahwahneee Principles. Planning Area 22 shall accommodate all of the RV storage required for the Master Plan as required pursuant to Section 21 .45.060 of the Carlsbad Municipal Code. Robertson Ranch Master Plan Page III-105 Novombor 14. 2006August 10. 2009 Land Use Regulations • General Plan Land Use Designation: UA (Unplanned Area) *—Dwelling Unit Allocation:-0 • Density: All of the allowable residential density for PA 22 and tho Option Parcel has been allocated to other planning areas within the East Village. • Underlying Zone Designation: PA 22: P C (Planned Community) "Option Parcel": L C (Limited Control) Land Use Regulations General Plan Land Use Designation - O (Office and Related Commercial) Underlying Zone Designation - Q (Office - Chap. 21.27) Allowed Uses - Permitted and conditional uses shall be those identified in the O Zone (Carlsbad Municipal Code 21.27.020). Required Development Permits • Conditional Use Permit (for temporary RV storage) • Master Plan Amendment • Zone change (to change "Option Parcel" from L C to PC) • Any other discretionary permit doomed necessary based on tho proposed use. Required Development Permits » Site Development Plan permit for site plan approval. Any other discretionary permit deemed necessary based on the proposed use. Development Standards «—Development standards for Planning Area 22 shall be--identified as part of tho Master Plan Amendment required for the development of Planning Area 22. Development Standards • Development of Planning Area 22 shall comply with all applicable regulations and development standards of the Carlsbad Municipal Code, including zoning standards for the O Zone (21.27). except as modified by the Robertson Ranch Master Plan. • Development of PA 22 shall take into consideration the following: • Line of sight from Rancho Carlsbad to the proposed development: • Hours of operation of any proposed uses; • Noise and light mitigation from the proposed project: and • Site designs that reduce landform alteration, where feasible, and reduce the removal of healthy mature trees. • RV Storage shall be subject to the development standards of the Carlsbad Municipal Code Sec. 21.42.140.B.120. • The RV Storage Facility will be developed in accordance with the Planned Development Ordinance requirements (Carlsbad Municipal Code Section 21.45.060). The following table is a breakdown of all Planning Areas that will be provided with RV Storage facilities, as well as the maximum amount of storage required for each area. Robertson Ranch Master Plan Page IH-106 November -14. 2Q06July 1. 2009 2" RV Storage Facility Requirements West Village Planning Area 1 3 6 10 13 TOTAL Units 27 82 61 37 25 232 20 sf per Unit 540 1640 1220 740 500 4640 East Village Planning Area 14 16 17 18 Units 16 85 109 110 320 20 sf per Unit 320 1700 2180 2200 6400 GRAND TOTAL UNITS GRAND TOTAL RV STORAGE AREA 552 11,040 Minimum Lot Size Minimum lot size requirements, if any, will be identified as part of the future Master Plan Amendment to identify specific uses for the planning area. Minimum Lot Dimensions Minimum lot dimensions, if any, will bo identified as part of tho future Master Plan Amendment to -identify specific uses for the planning area. Setbacks Setback requirements for PA 22 will bo identified as part of tho future Master Plan Amendment to identify specific uses for the planning area. Special Design Criteria Special design criteria applicable to PA 22 will bo-identified as part of the future Master Plan Amendment and will bo based on the land use identified for the planning area. 1. The existing grove of sycamore trees shall be preserved. 2. A minimum wetland buffer of 100 feet shall be provided from all identified wetland areas unless a reduced buffer is agreed to by the Wildlife Agencies. Robertson Ranch Master Plan November 14. 2006August 10. 2009 Page UI-106(a) KEY MAP LEGEND __ _ OPTIONALCOMMUNITYTHEMEWALU NOISE WALL (See figures 111-60 & 111-61) —^—^— EXISTING BLOCK WALL ••* •*• "•• MULTI-USE DG. TRAIL — STRUCTURE SETBACK {^ NEW BUS STOP (See figure III-58) PA 22 RV STORAGE/ OFFICE & RELATED USES 6.58 Gross Acres 4CT STRUCTURE SETBACK (201 MINIMUM LANDSCAPE BUFFER) 1— EXISTING 20' ACCESS ROAD/ SEWER LINE EASEMENT RANCHO CARLSBADMOBILE HOME PARK Robertson Ranch Figure No. 111-18 PLANNING AREA 22 MASTER PLAN.Page III-107 III. DEVELOPMENT AND Robertson Ranch REGULATORY PROVISIONS t) Planning Area 22A - 23GF Site - Open Space - Site Zoning Regulations and Criteria (see Figure III-19, Planning Areas 23A - 23GP) Description A total of approximately -112.5143.6 acres are designated as open space within Planning Areas 23A through 23GF- which, except for Planning Area 23F (2.3 acres) and 23G (1.1 acres) would be preserved within the HMP Open Space Preserve Area. Due to the historic agricultural use, the project site currently consists of a mixture of vegetation types with predominantly agricultural, ornamental or native vegetation. Areas of preserved natural vegetation will consist of a minimum of 67 percent of the site's Diegan coastal sage scrub along the higher elevations and canyon sides with riparian habitat preserved along Calavera Creek and within the canyon bottoms. Portions of Planning Area 23E have been re-vegetated and restored as wetland habitat as part of the mitigation plan for the College Boulevard and Cannon Road construction. PA 23E may, in the future, also contain a Regional Trail Connection Trailhead and parking area, if implemented by the City. In addition to preserved open space areas, Planning Areas 23A-E will contain Re-vegetated manufactured slopes. No Fuel Modification areas are included within the hardline inside Planning Area 23 A-F. Where required, Fuel Modification areas are located within the development areas of adjacent Planning Areas. Implementation of Master Plan Vision and Goals The open space provided by the Robertson Ranch Master Plan implements the Linkage "B" wildlife corridor envisioned by the City of Carlsbad adopted Habitat Management Plan (HMP). The project applicant has negotiated an HMP "hardline" preserve design (Figure II-8, HMP Hardline Map) with the Wildlife Agencies. In accordance with the adopted HMP goals and planning standards, this "Hardline Map" will preserve, enhance, or revegetate a minimum of 67 percent of the site's native Diegan coastal sage scrub habitat. Within limited portions of the open space areas, a trail system (illustrated in Figure 111-58, Pedestrian Circulation Plan) links the open space with the residential, commercial, and recreational components of the community. The trail system accommodates pedestrians and bicyclists. However, access to the natural open space areas shall be restricted through trail design. The trail system includes decomposed granite trails located adjacent to the preserved open space along the edge of perimeter roads which will allow for future connections with adjacent off- site trails, as indicated in the City's Master trails plan. Where trails are adjacent to these open space areas, non-combustible fencing will be used. Fencing types for use on project trails are illustrated in Figure 111-60, Conceptual Theme Walls and Fence Detail, and Figure 1II-61, Fence and Wall Plan Robertson Ranch Master Plan Page 111-108 November H, 2006August 10. 2009 III. DEVELOPMENT AND Robertson Ranch REGULATORY PROVISIONS Interim Land Use Regulations (Planning Areas 23A and 23B Only) • Agricultural uses, as defined by Chapter 21.07 of the Carlsbad Municipal Code, are permitted, subject to the requirements of Chapter 21.07. This Master Plan does not allow any other development within these Planning Areas other than slope grading for adjacent development, roads, trails, and public utilities within designated utility corridors. Final Land Use Regulations General Plan Land Use Designation - OS (Open Space) • Underlying Zone Designation - OS (Open Space) • Natural and Re-vegetated Open Space • Trails and maintenance roads Required Development Permits Focused Master Plan Amendment (PA 23A and B) • Special Use Permit (flood plain) (PA 23C, EJ: and GjF) Special Design Criteria 1. Disturbance into these Planning Areas arising from construction activities required to support development of adjacent Planning Areas shall be avoided to the maximum extent possible during and after construction. 2. Restoration plans for Open Space Areas within the HMP Hardline shall be subject to review by the appropriate wildlife agencies. 3. Grading for the portion of Planning Area 23C adjacent to Planning Area 11 shall consist of a 5:1 re-vegetated manufactured slope, consistent with the Conceptual Grading Plan, as depicted on Figure 11-10, and the Landscape Guidelines presented in Section Hl.b of this Master Plan. Pedestrian trails shall be constructed concurrently with the grading and restoration of Planning Area 23C. 4. Planning Area 23A: If retaining walls are required along El Camino Real, such walls shall be designed to resemble natural rock or bluff face. 5. Planning Area 23E: The Regional Trailhead (which shall be developed by the City and is not a part of this Master Plan) shall be located within PA 23E only if it is determined by the City not to be feasible to locate a Regional Trailhead within the Carlsbad Unified School District lands adjacent to the northeast. In the event the Regional Trailhead is located within PA 23E, the trailhead would have the following limitations: • Be designed for no more than ten cars; • Be located at least 100 feet from riparian/wetland vegetation; • Be at least 500 feet away from the wetland mitigation are; • Fenced, gated, and posted with usage restrictions; • Unpaved with no lighting; • Constructed of a temporary design which could be moved to another location should such a location become available, as on the CUSD property; Robertson Ranch Master Plan Page 111-109 November R 2Q06August 10. 2009 Robertson Ranch III. DEVELOPMENT AND REGULATORY PROVISIONS • The detention basin will not be maintained, vegetation in the detention basin will be maximized, and the inlet will be cleaned as needed; and • Mitigation for impacts from the parking lot will occur on-site. The creek crossing would impact less than 0.25 acre of land and would entail a bridge that spans the 100-year flood level. 6. Maintenance of open space areas shall be the responsibility of the following: • Open Space within the boundaries of the Hardline Areas shall be the responsibility of an organization with expertise in the management of natural open space preserves; • Open space within the boundaries of Planning Area 23F shall be the responsibility of RCHOA; • The Regional Trailhead, if constructed, shall be maintained by the City of Carlsbad. • Maintenance of trails within PA 23 open space shall be as shown on Figure IIT-58, Pedestrian Circulation Plan. • Maintenance of PA 23G shall be the responsibility of the owner of PA 22. unless otherwise approved by the City of Carlsbad. Robertson Ranch Master Plan November 14.2006 August 10.2009 Page HI-110 LEGEND LIMITS OF HMP HARDLINh MAP BOUNDARY BRUSH MANAGEMENT PER HMP HARDLINE PERIMETER ROAD' 60' SETBACK FROM NATIVE AREAS TOCOMBUSTIBLE STRUCTURES 2 LIMITS OF DISTURBANCE PA23A OPEN SPACE 24.3 Acres PA23B OPEN SPACE 9.2 Acres PA23C OPEN SPACE 36.6 Acres PA23D OPEN SPACE 30 4 Acres PA23E OPEN SPACE 39.7 Acres PA23F OPEN SPACE 2.3 Acres PA23G OPEN SPACE 1.1 Acres • t I 1 >—FUTURE CITY -WIDE \* S' TRAIL IN CMWD * \ MAINTENANCE ROAD Notes: 1. Fuel modification is provided by perimeter road 2. Fuel modification is provided by sufficient building setback. POTENTIAL [ OCATJON FOR FUTURE CITY-WIDE TRAIL POTENTIAL I.OCATTnN | FOR REGIONAL TRAIL CITY-WIDE RECREATIONAL TRAIL (CITY MAINTAINF.D) SPECIAL LANDSCAPE DESIGN AT INTERSECTION OF CIRCULATION ELEMKNT ROADWAYS 0 150300 Robertson Ranch 3IL2FIGURE NO. Ill-19 PLANNING AREA 23A THROUGH 23G MASTER PL AN.PAGEIII-lll U3 EXHIBIT 4 NOT TO SCALE SITEMAP Robertson Ranch Planning Area 22 GPA 09-01 / ZC 09-01 / MP 02-03(B) CT 09-01 / SDP 09-01 EXHIBIT 5 1 PLANNING COMMISSION RESOLUTION NO. 6657 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 AND ADDENDUM TO ALLOW FOR THE SUBDIVISION OF A 10.07 ACRE SITE INTO FOUR LOTS 6 WITH 49 AIRSPACE CONDOMINIUM OFFICE UNITS AND THE DEVELOPMENT OF A 66,000 SQUARE FOOT THREE- 7 STORY OFFICE BUILDING AND PERMANENT RV STORAGE AREA ON PROPERTY GENERALLY LOCATED 8 SOUTH OF CANNON ROAD, EAST OF EL CAMINO REAL, o AT THE SOUTHEAST CORNER OF THE INTERSECTION OF WIND TRAIL WAY AND CANNON ROAD, WITHIN THE 10 ROBERTSON RANCH MASTER PLAN, PLANNING AREA 22 AND THE "OPTION PARCEL," IN LOCAL FACILITIES 11 MANAGEMENT ZONE 14. CASE NAME: ROBERTSON RANCH PA 22 12 CASE NO.: GPA 09-01 /ZC 09-01 /MP 02-03(B)/CT 09-01/ 13 SDP 09-01/PUD 09-01 14 WHEREAS, Brookfield Tamarack, LLC, "Developer," has filed a verified - application with the City of Carlsbad regarding property owned by Calavera Hills II, LLC, 16 "Owner," described as 17 Lot 3 of Carlsbad Tract No. 02-16, Robertson Ranch East ' 8 Village, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 15608, filed in the Office of the County Recorder of San Diego County, 20 September 18, 2007; and Parcel 2 of Parcel Map No. 19804, in the City of Carlsbad, County of San Diego, State of California, 21 filed in the Office of the County Recorder of San Diego County, August 3, 2005 as Instrument No. 2005-0659805 of 22 Official Records 23 ("the Property"); and 24 WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and 25 Reporting Program and Addendum were prepared in conjunction with said project; and26 27 WHEREAS, the Planning Commission did on December 16, 2009, hold a duly 28 noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, examining the initial study, analyzing the information submitted by staff, and 3 considering any written comments received, the Planning Commission considered all factors 4 <. relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 5 Program and Addendum. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning o Commission as follows: 9 A) That the foregoing recitations are true and correct. 10 B) That based on the evidence presented at the public hearing, the Planning 11 Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Exhibit "MND," according to Exhibits "Notice of Intent (NOI)," and "Environmental j3 Impact Assessment Form - Initial Study (EIA)," and Addendum, Exhibit "ADDM" attached hereto and made a part hereof, based on the following 14 findings: '-> Findings: 1. The Planning Commission of the City of Carlsbad does hereby find: 17 a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration 18 and Mitigation Monitoring and Reporting Program and Addendum for ROBERTSON RANCH PA 22 - GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09- 19 01/SDP 09-01/PUD 09-01, the environmental impacts therein identified for this 20 project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and 21 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 22 Program and Addendum have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and 24 c. it reflects the independent judgment of the Planning Commission of the City of 25 Carlsbad; and 2" d. based on the EIA and comments thereon, there is no substantial evidence the 27 project will have a significant effect on the environment. 28 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 PC RESO NO. 6657 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on December 16, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: m Commissioners Baker, Dominguez, Douglas, L'Heureux, Nygaard, Schumacher, and Chairperson Montgomery 4—ffl$ i^^f ~~^_ MARTELL B, MONTGOfT CARLSBAD PLANNING ATTEST: &LA / fe<< DON NEU Planning Director PC RESO NO. 6657 AERY, CjfflFperson COMMiBION -3-•""->•o City of Carlsbad Planning Department NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION CASE NAME: Robertson Ranch Planning Area 22 CASE NO: GPA 09-01/ZC 09-01/MP 02-03fBVCT 09-01/PUD 09-01/SDP 09-01 PROJECT LOCATION: South of Cannon Road. East of El Camino Real, at the southeast corner of the intersection of Wind Trail Way and Cannon Road, within the Robertson Ranch Master Plan. Planning Area 22 and the "Option Parcel" (APNs 168-360-03 & 168-050-55). PROJECT DESCRIPTION: A development proposal to subdivide a 10.07 acre site into four (4) lots with 49 airspace condominium office units, and to allow for the grading and construction of a 66,000 square foot 3-story office building and permanent RV storage facility. The proposed project requires approval of a General Plan Amendment, Zone Change, Master Plan Amendment, Tentative Tract Map, Site Development Plan, and Non-Residential Planned Development Permit. 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 (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (E1A Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence 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 (E1A 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. Pursuant to Section 15204 of the CEQA Guidelines, in reviewing Mitigated Negative Declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant effect, they should: (1) identify the specific effect; (2) explain why they believe the effect would occur; and (3) explain why they believe the effect would be significant. 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 Jason Goff in the Planning Department at (760) 602-4643. PUBLIC REVIEW PERIOD PUBLISH DATE OCTOBER 21. 2009 - NOVEMBER 10. 2009 OCTOBER 21.2009 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 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/PUD 09-01/SDP 09-01 DATE: October 16.2009 BACKGROUND 1. CASE NAME: Robertson Ranch Planning Area 22 2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad 3. CONTACT PERSON AND PHONE NUMBER: Jason Goff. Associate Planner (760-602-4643) 4. PROJECT LOCATION: South of Cannon Road. East of El Camino Real, at the southeast corner of the intersection of Wind Trail Way and Cannon Road, within the Robertson Ranch Master Plan. Planning Area 22 and the "Option Parcel" (APNs 168-360-03 & 168-050-55). 5. PROJECT SPONSOR'S NAME AND ADDRESS: Calavera Hills II. LLC. 12865 Pointe Del Mar. Suite 200. Del Mar. CA 92014 (Phone: 858-481-8500) 6. GENERAL PLAN DESIGNATION: Unplanned Area (UA) & Residential Low Medium Density CRLM. 0-4 du/ac) 7. ZONING: Planned Community (P-C) & Residential Mobile Home Park (RMHP) 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): N/A 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: The proposed Robertson Ranch Planning Area 22 project site is located within the Robertson Ranch Master Plan community, and is composed of Planning Area 22 (4.37 acres) and the 2.21 acre westerly portion of the adjacent 5.7 acre property, identified in the master plan as the "Option Parcel". The applicant is proposing to develop a 66,000 square foot 3-story office building and permanent RV storage facility on the project site. The project involves a General Plan Amendment, Zone Change, Master Plan Amendment, Tentative Tract Map, Site Development Plan, and Non-Residential Planned Development Permit. A General Plan Amendment (GPA 09-01) is proposed to change the existing General Plan Land Use designations on the project site from Unplanned Area (UA) and Residential Low-Medium Density (RLM, 0-4 du/ac) to Office (O) and Open Space (OS). A Zone Change (ZC 09-01) is proposed to change the existing zoning designation on the 2.21 acre westerly portion of the 5.7 acre "Option Parcel" from Residential Mobile Home Park (RMHP) to Planned Community (P-C). GPA 09-01/ZC 09-01/MP 02-03(B),c.r 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 A Master Plan Amendment (MP 02-03(8)) is proposed to: a) Expand the existing Planning Area 22 boundary in the easterly direction to incorporate the 2.21 acre westerly portion of the 5.7 acre "Option Parcel" into the Robertson Ranch Master Plan community, b) Change the underlying zoning of Planning Area 22 from Limited Control (L-C) to Office (O) and Open Space (OS), c) Create a new Robertson Ranch Planning Area 23(G) to include a 1.15 acre Open Space lot over the wetland buffer for Calavera Creek, and d) Establish a permanent RV storage facility on Planning Area 22 to accommodate both the East and West Villages. A Tentative Tract Map (CT 09-01) is required in order to subdivide a total of 10.07 acres, consisting of two parcels (Planning Area 22 (4.37 acres) and the "Option Parcel" (5.70 acres)), into four (4) lots and 49 air space condominium office units. Proposed Lot 1 is 4.63 acres in size and will accommodate the proposed office building. Proposed Lot 2 is 0.80 acres in size and will accommodate the proposed permanent RV storage facility. Proposed Lot 3 will become a 3.49 acre remainder of the "Option Parcel", which is not being developed as part of this project. Proposed Lot 4 is a 1.15 acre open space lot, which will include a minimum 100 foot wide wetland buffer extending from the northerly edge of the low flow of the Calavera Creek channel (located on the adjacent Rancho Carlsbad property to the south) to the toe of the PA 22 office development pad slope. A Site Development Plan (SDP 09-01) is required for the approval of a conceptual site design for the proposed development. A 66,000 sq. ft. 3-story office building is proposed on Lot 1, which is oriented along Cannon Road with its primary entrance centered off of the south elevation. A parking lot, accommodating 265 spaces, is proposed around the south, west, and east sides of the office building. The office building structural height is 45 feet to the top of the roof parapet, and 55 feet to the top of the tallest architectural feature. An RV storage facility is proposed on Lot 2, which is located in the northeast corner of the property adjacent to the proposed office building and Cannon Road. The entire site will take access from an existing signalized intersection located at Wind Trail Way and Cannon Road. A Non-Residential Planned Development Permit is required to allow for the proposed 49 air space condominium office units. The site is part of a previously approved Master Planned residential community, and has been previously mass-graded through a grading permit issued for the Master Tentative Map for the Robertson Ranch East Village. There are no sensitive biological resources presently existing on the site. Six habitat types are present on the proposed project site; revegetated Diegan Coastal Sage Scrub, Developed Land, Disturbed Land, Eucalyptus Woodland, Exotic, and Non-Native Grasslands. Surrounding land uses include single-family residential (PA 21: approved, but undeveloped courtyard homes) and an existing 3-story multifamily residential apartment complex (PA 15) across Cannon Road to the north; the Rancho Carlsbad mobile home residential community to the south; the undeveloped Residential Mobile Home Park (RMHP) zoned "Option Parcel" to the east; and a community park site (PA 12) and a water quality open space lot (PA 20) to the west. Rev. 10/02/09 ( rGPA 09-01/ZC 09-01/MP 02-03(BKT 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 In order to construct the proposed project, the site will require an additional 6,200 cubic yards of excavation, 4,500 cubic yards of fill embankment, and a resulting 1,700 cubic yards of export of soil to accommodate the proposed office development and associated parking lot, RV storage facility, and landscaping amenities. The project site was the subject of a previous CEQA review in the Robertson Ranch Final Program Environmental Impact Report (EIR), which was certified by the Carlsbad City Council on November 14, 2006 (EIR 03-03, State Clearing House #2004051039). Through the certification of the EIR, the City Council adopted CEQA Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program. The EIR is intended to be used in the review of subsequent projects within Robertson Ranch Master Plan. The project incorporates the required Robertson Ranch Master Plan EIR mitigation measures, and through the analysis of the required additional plans, reports, and studies pertaining to biological resources, geotechnical, hydrology, storm water management, and noise, a determination has been made that with the implementation of additional mitigation measures, no additional significant impacts beyond those identified and mitigated for by the EIR will result from this project. The Robertson Ranch Master Plan EIR and additional technical studies are cited as source documents for this environmental evaluation. Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B>^ F 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. I | Aesthetics O Agricultural Resources Q Air Quality O Biological Resources 03 Cultural Resources D Geology/Soils I I Hazards/Hazardous Materials CH Hydrology/Water Quality H] Land Use and Planning I 1 Mineral Resources £<] Mandatory Findings of Significance £3 Noise O Population and Housing [U Public Services Q Recreation |~~] Transportation/Circulation [H Utilities & Service Systems Rev. 10/02/09 n GPA 09-01/ZC 09-01/MP 02-03(BK f 09-01/PUD 09-OI/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 DETERMINATION. (To be completed by the Lead Agency) [D I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. IXI 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. O I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. O I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. |~1 I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. [ Pjanpefbignature ~/j Date Planning Director's Signature Date Rev. 10/02/09 M GPA 09-01/ZC 09-01/MP 02-03(BKf 09-0 I/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment (EIA) to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly adverse. • Based on an "EIA-Initial Study", if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EBR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B)/^r 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Initial Study analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears after each related set of questions. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. Rev. 10/02/09 . , _ GPA 09-01/ZC 09-01/MP 02-03(BKF 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? Potentially Significant Impact D n n D Potentially Significant Unless Mitigation Incorporated n Less Than Significant No Impact Impact n n n a-b) No Impact. The Robertson Ranch Master Plan and EIR included a visual quality and landform analysis for the Master Plan area. The proposed site is located on mostly level ground previously used for agriculture and will not require significant alteration of landform. The majority of the development area of the subject site has been previously graded with a deposit of fill soil placed over much of the site via the grading permit issued with the Master Tentative Map for the Robertson Ranch East Village (CT 02- 02). This fill was assessed in the EIR and found to not result in a significant impact. PA 22 is not within the view shed of a scenic vista, and is not visible from a State scenic highway. No impact is assessed. c-d) Less than Significant Impact. The proposed project complies with the Robertson Ranch Master Plan development standards for architectural design and landscaping. Compliance with these standards and guidelines mitigates any potential visual quality impacts of individual development projects that are approved and implemented consistent with the Master Plan. Compliance with the development standards of the Master Plan specifically mitigates visual impacts including those associates with line of sight views from the Rancho Carlsbad Mobile Home Park, the closest existing development. The project complies with these standards. The project also complies with the development standards of the City's Office (O) Zone, which is being proposed. The office building will not exceed 45-feet in height, with architectural projections not exceeding 55-feet. The project design incorporates increased setbacks at a ratio of one (1) foot per additional foot of building height in order to compensate for the proposed building height. The RV storage lot will be surrounded by an 8-foot visual barrier consisting of a 2 ft. tall earthen berm and 6 ft. tall solid masonry wall set on top. The Conceptual Landscape Plan incorporates a plant palette and layout designed to reduce the mass of the proposed office building and to screen the permanent RV storage facility from the existing Rancho Carlsbad Mobile Home Park by utilizing a combination 6 ft. tall solid masonry wall at the top of the surrounding pad along with a dense planting of both evergreen and deciduous trees. A view analysis has been conducted from existing residences along the periphery of the Rancho Carlsbad Mobile Home Park. This analysis concludes that the distance and dense landscaping will serve to eliminate the potential for significant visual impacts from this area. Further, the project will incorporate light shielding to minimize the potential for any light spillover into adjacent neighboring properties. Rev. 10/02/09 r GPA 09-01/ZC 09-01/MP 02-03(B)/^T 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 PA 22 was analyzed to be developed with a residential (20 courtyard units) development in the Robertson Ranch EIR. PA 22 development was addressed specifically for any potentially significant aesthetic impacts. The EIR concluded that Robertson Ranch (including PA 22) was not considered a scenic resource nor will future development on the project site block any existing scenic vistas from the view of surrounding land uses. Moreover, the project was determined to ensure aesthetic quality of future development through compliance with the Master Plan Design Guidelines. Also, it was noted that the project will avoid substantial changes to significant natural features. Notwithstanding that the present PA 22 development proposal proposes a modification of the EIR-assumed land use, and the proposed office building will be approximately 10-feet higher than the residential units could have been, the proposed project is otherwise consistent with the Robertson Ranch Master Plan Design Guidelines. The proposed dense landscaping buffer will mitigate visual impacts associated with the increased height of the proposed office building and the RV Storage facility. Furthermore, the project strictly complies with the O-Zone development standards for parking, landscaping, setbacks, and other requirements. In light of these factors, a less than significant impact to aesthetic values is assessed for the proposed project. II. AGRICULTURAL RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D D D D D D a-c) No Impact. The Robertson Ranch Master Plan EIR identifies all Important Farmlands within the Robertson Ranch Master Plan Area. All of the Prime Farmland and Farmland of Statewide Importance is located north of Cannon Road and is outside of the proposed development envelope of the project and will not be impacted by the project. In addition, the EIR concludes that implementation of the Robertson Ranch Master Plan does not constitute a significant impact to agricultural resources and thus no mitigation was required for implementation of the Master Plan. Therefore, it is concluded that no impact is assessed to Agricultural Resources. Rev, 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B>cT 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 III. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact D D D D n n n n n n n a) No Impact. The project site is located in the San Diego Air Basin which is a state non-attainment area for ozone (63) and for particulate matter less than or equal to 10 microns in diameter (PM]0). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A Plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state-mandated plan. This local plan was combined with plans from all other California non- attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, 10 Rev. 10/02/09 L|'""I 0 GPA 09-01/ZC 09-01/MP 02-03(B;/v-F 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Section 15125(d) of the State of California Environmental Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms to the RAQS which include the following: • Is a regional air quality plan being implemented in the project area? • Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project, as discussed below, is consistent with the growth assumptions in the regional air quality plan and will in no way conflict with or obstruct implementation of the regional plan. The Robertson Ranch Master Plan EIR addressed a project that included 1,383 dwelling units at final build out. The worst-case traffic impact assumptions were based on this residential figure. Subsequent to the EIR analysis, the Robertson Ranch Master Plan was approved with a maximum of 1,154 dwelling units, or 229 residential units (200 multi-family and 29 single-family) less than what the EIR had assumed would be constructed within the Robertson Ranch property. Therefore, at build out, the Robertson Ranch project would generate 1,890 total ADT less (1,600 multi-family ADT, plus 290 single-family ADT) than the project intensity addressed in the EIR. This reduced traffic generation will result in a corresponding reduction in air quality impacts. However, the Traffic Analysis that was prepared for the proposed PA 22 project concludes that this project is expected to generate a net 308 ADT greater than the amount of ADT originally assumed for the PA 22 property and its direct neighboring planning areas within the East Village. For air quality impact purposes, this 308 ADT net local traffic generation increase when subtracted from the 1,890 ADT decrease for the overall Robertson Ranch project will result in a net decrease in build out traffic generated by the Robertson Ranch project of 1,582 ADT. Furthermore, the proposed PA 22 project no longer proposes residential dwelling units, and thus does not propose fireplaces, barbecues, or similar emission creating sources. Therefore, both the mobile source and fixed source emissions from the PA 22 project will not exceed the amount projected in the Robertson Ranch Master Plan EIR. No impact is assessed. b) Less Than Significant Impact. The closest air quality monitoring station to the project site is at Camp Pendleton. Data available for this monitoring site from 2000 through December 2004 indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (a total of 10 days during the 5-year period). No other violations of any air quality standards have been recorded during the 5-year time period. The project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with travel to and from the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. c) Less Than Significant Impact. The air basin is currently in a state non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively 11 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B>v,T 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15064(h)(3), the proposed project's incremental contribution to the cumulative effect is not cumulatively considerable. Any impact is assessed as less than significant. d) No impact. As noted above, the proposed would not result in substantial pollutant emissions or concentrations. In addition, there are no sensitive receptors (e.g., schools or hospitals) located in the vicinity of the project. The nearest school (Kelly Elementary School) is located approximately one mile west of the site. No impact is assessed. e) No Impact. The construction of the proposed project could generate fumes from the operation of construction equipment, which may be considered objectionable by some people. Such exposure would be short-term or transient. In addition, the number of people exposed to such transient impacts is not considered substantial. No impact is assessed. IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Potentially Significant Impact D Potentially Significant Unless Mitigation Incorporated D Less Than Significant No Impact Impact D D D D D D D D 12 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B>^T 09-0I/PUD 09-Ol/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated D Less Than Significant No Impact Impact D g| n n a) Less Than Significant Impact. According to the Robertson Ranch Master Plan HMP Hardline Map, the project site, consisting of both PA 22 and the "Option Parcel", is identified as Development Area with no adjacent hardline boundaries. A Preliminary Biological Assessment was prepared by Planning Systems, dated August 10, 2009, to provide a site specific evaluation of the biological resources on the project site. The results of that assessment are described below: VEGETATION ANALYSIS Plant Community Type Revegetated Coastal Sage Scrub Developed Lands Disturbed Lands Eucalyptus Woodland Exotic Lands Non-Native Grassland Total Acres Present 0.34 0.43 3.78 0.24 0.28 1.51 6.58 Acres Impacted 0.06 0.04 3.50* 0.23 0.00 0.71 4.54 *Mitigation fee for 3.40 acres of land for PA 22 grading associated with CT 02-16 has already been paid. A balance amount of .10 acres will be required for the area of expansion into the "Option Parcel". The only potential sensitive habitat present on the site is 0.34 acres of revegetated Coastal Sage Scrub, which was planted on the south slope of the Cannon Road right of way. According to the Preliminary Biological Assessment, this is an immature, not yet established community existing in a disturbed state due to the installation of eucalyptus as a community component. Given these conditions, this area does not represent a viable sensitive plant community. Furthermore, review of the project specific Preliminary Biological Assessment and Robertson Ranch Master Plan EIR indicates an absence of riparian, aquatic or wetland habitat, or any other sensitive natural communities on the proposed project site. Pursuant to the HMP, the developer will be conditioned as part of the project to pay in-lieu fees for impacts to 0.06-acres of Unoccupied Coastal Sage Scrub (Group-D Habitat), 0.36-acres of Annual Non-Native Grassland (Group-E Habitat), and .33-acres of Disturbed Lands (Group-F Habitat). No mitigation is required for impacts to the landscaped (i.e., exotic) and developed/paved areas. Therefore, a less than significant impact is assessed to biological habitat modification or impacts to sensitive biological communities. Calavera Creek is located off site and adjacent to the project's southerly boundary within the Rancho Carlsbad Mobile Home Park. According to the Preliminary Biological Assessment, the open water found in the creek bottom of this off-site creek channel does not support any wetland species typically associated with a freshwater stream. Winter rains scour the channel bottom periodically keeping it free of vegetation, while the creek banks and adjacent flat bench are planted with ornamentals and maintained regularly by the Rancho Carlsbad HOA. Therefore, the northern edge of the channel bottom (the edge of Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B>v,r 09-0 I/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 Open Water) represents the wetland feature most proximate to the proposed project boundaries. Pursuant to the HMP conservation standards, a 100-foot buffer is required from all wetlands, which this project incorporates by design. Best Management Practices (BMPs) as required by the Storm Water Management Plan contains adequate measures that will preclude significant sediment runoff from the site. The project will implement erosion control measures to avoid pollution and sedimentation of important water resources and the loss of vegetative resources from sloped areas by incorporation of such features as silt fences, brow ditches where needed and desiltation basins. Furthermore, it should be noted that there is an existing 6 foot tall masonry wall belonging to the Rancho Carlsbad Mobile Home Park and located on the north side of the creek channel further separating this project from the creek channel. As a result of these factors, a less than significant impact is assessed. b-f) No Impact. The Robertson Ranch Master Plan EIR and the project specific Preliminary Biological Assessment both indicate an absence of federally protected wetlands on the project site as'defined by Section 404 of the Clean Water Act. Therefore, the project will not have a substantial adverse effect on federally protected wetlands through direct removal, filling, hydrological interruption, or other means The project has been designed to comply with the requirements of the Carlsbad HMP. This document shows that the proposed project does not directly impact any identified animal migration corridors through the city. The project is located adjacent to the Calavera Creek, which according to the Preliminary Biological Assessment may serve as a wildlife movement corridor. As discussed above, the project is providing a 100-foot buffer from the creek channel. Standard HMP requirements as they pertain to fencing, lighting, and the use of noninvasive plant species have been incorporated into the project design to minimize any potential edge effects. The project has been designed to comply with the City of Carlsbad HMP and does not conflict with any policies or ordinances protecting biological resources within the city. As a result, the project is determined to comply with the regulations and requirements of the HMP and does not conflict with any other policies or ordinances protecting biological resources at a local, state or federal level. Therefore, no impact is assessed. V. CULTURAL RESOURCES - Would the project; a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique pale ontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Potentially Significant Impact D D D D Potentially Significant Unless Mitigation Incorporated D D Less Than Significant No Impact Impact D D D D D 14 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B)/^ P 09-Ol/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 a) No Impact. A Cultural Resources Survey and Evaluation for the entire Robertson Ranch Master Plan Area (including the "Option Parcel") was prepared by Brain Smith and Associates (BFSA), dated June 2002. Cultural resource sites were identified throughout the Master Plan area and no historical sites were located within the footprint of the proposed project site. However, a Historic Structure P-37-024329, the original Robertson Ranch House, was located nearby to the east and just outside of the footprint of the subject project. This structure was described as a rectangular wood-frame and sided, Victorian style structure that had several modern era additions. The BFSA Cultural Resources Survey and Evaluation determined that the structure was in poor condition and not deemed a significant historical structure and no mitigation was suggested. The structure has since been removed. b-c) Potentially Significant Unless Mitigation Incorporated. The BFSA Cultural Resources Survey and Evaluation identified a small archaeological site on (at the location of the proposed RV storage lot) the proposed project site. Cultural Site SDI-16,138 was identified as a small scatter of marine shell and associated lithic artifacts located on a gradual slope west of the of the original Robertson Ranch house. Testing of the site demonstrated that SDI-16,138 consisted of a moderate scatter of marine shell with a small amount of bone and lithic artifacts. Testing concluded that the presence of both marine shell and bone indicated food processing was the primary activity at the site, while the surface artifacts suggested limited lithic tool production or maintenance also occurred. The site was deemed to be significant and required mitigation through excavation and analyses. In accordance with the Robertson Ranch Master Plan EIR mitigation measures, a data recovery program was completed for archaeological site SDI-16,138. This data recovery program is documented in the Results of a Cultural Resources Mitigation and Monitoring Program for Robertson Ranch, dated November 26, 2008, by Brian F. Smith and Associates. According to this report, no lithics were present in the collection, nor was pottery or any other temporally distinct artifact encountered from SDI-16,138 during the data recovery program and thus mass grading of the site was allowed to occur in compliance with the Robertson Ranch Master Plan EIR mitigation measures. In order to further develop the project site in the easterly direction for the construction of the proposed office building and RV storage facility, some additional excavation and grading is necessary to develop the pad in this area. Therefore, in accordance with the California Environmental Quality Act (CEQA) Section 15064.5(f), which requires provisions for the identification and evaluation of accidentally discovered archeological resources; mitigation measures have been added to the project requiring archaeological monitoring by both a qualified archaeologist and tribal monitors) of the San Luis Rey Band of Mission Indians during all earth-disturbing activities. In the event that any cultural resources, concentration of artifacts, or culturally modified soil deposits are discovered within the project boundaries during construction activities, all work is to be halted near the discovery and a qualified archeologist shall record and evaluate the discovery under CEQA. Through the implementation of these mitigation measures, along with the requirements of tribal monitoring and a formal pre-excavation agreement with the San Luis Rey Band of Mission Indians, impacts to any unforeseen or accidentally discovered cultural resources are reduced to a level of less than significant. In addition, the Robertson Ranch Master Plan EIR identified the possibility of paleontological resources being present within the soils that were identified within the Robertson Ranch Master Plan area. Grading of the project site will require minor cuts and fills. Therefore, a mitigation program which involves the review of the grading plans and full time attendance of a paleontologist during grading operations (i.e., cuts), with the authority to direct grading in order to salvage and curate resources, will mitigate impacts to a less than significant level. d) No Impact. There are no known human remains anticipated to be encountered during excavation and/or construction of the PA 22 project. No impact assessed. 15 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B),v, F 09-0 I/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in 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? Potentially Significant Impact D D D D D D Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a a a a a B a n EI a EI m a a a a.i.-a.iii.) Less Than Significant Impact. The project site is situated in the western portion of the Peninsular Ranges geomorphic province of southern California. The most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the north San Diego County area, indicates that the project is considered to be in a seismically active area, as is most of southern California. This map however, indicates that the subject site is not underlain by known active faults, nor is there evidence of ground displacement in the area during the last 11,000 years. 16 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(BKf 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 The closest fault, the Rose Canyon fault, is located approximately 4.5 miles westerly of the site. The Elsinore fault zone is located approximately 24 miles east of the site. The potential for rupture resulting from earthquake is considered to be low. The subject site is not within a fault-rupture hazard zone as indexed in the Division of Mines and Geology Special Publication 42. The geotechnical evaluation that was prepared for the Robertson Ranch Master Plan EIR by GeoSoils, Inc., dated September 2004, concluded that the subject site appears generally suitable for grading and development from a geotechnical perspective. A further analysis by GeoSoils, Inc., Report of Rough Grading. Planning Area 22 of Robertson Ranch. East Village, dated March 6, 2009, was also prepared subsequent to the import of fill soil onto the PA 22 site per a rough grading plan approval for the East Village Master Final Map. This latest analysis concludes that the fill soil operations have been completed in general accordance with the City grading ordinance and per recommendations by the geologist. Poor quality soil, such as concentrated organic matter and debris, was removed prior to placing fill, loose surficial materials were removed, saturated alluvial soils were left in place and compacted, the site was brought to rough elevation grade and compacted to a minimum 90% relative compaction, all monitored by the geologist. Oversized materials were disposed of off-site. Field density tests were taken at periodic intervals and random locations to check the compactive effort of the fill soil. Laboratory testing and analysis was conducted in order to determine risks associated with corrosion, acidity, alkalinity and other potential issues. Based on anticipated foundation loads and preliminary design information, the geotechnical report concludes that the proposed office building and RV storage lot can be supported on the existing compacted fill soils. By following the recommendations contained within the referenced report, the site is suitable for the proposed project and exposure of people or structures to geotechnical related hazards is considered to be less than significant. a.iv.-b) No Impact. The geotechnical evaluation for the Robertson Ranch Master Plan EIR concluded that no landslides exist on the subject PA 22 site. c) Less Than Significant Impact. Liquefaction describes a phenomenon in which cyclic stresses, produced by earthquake induced ground motion, creates excess pore pressures in relatively cohensionless soils. These soils may thereby acquire a high degree of mobility, which can lead to lateral movement sliding, consolidation and settlement of loose sediments, sand boils, and other damaging deformations. This phenomenon occurs only below the water table, but after liquefaction has developed it can propagate upward into overlying, non-saturated soil, as excess pore water dissipates. According to the geotechnical report that was prepared for the Robertson Ranch Master Plan EIR, liquefaction potential was identified within the alluvial soils of Robertson Ranch project area. Alluvial soils appear to occur within two distinct depositional environments onsite. One is characterized as tributary alluvium (QaIA), deposited within smaller canyons and gullies dissecting slope areas; and valley alluvium (QalB), deposited within the larger, broad flood plains located along the eastern and southern sides of the Robertson Ranch project area. The Robertson Ranch Master Plan EIR included a mitigation measure requiring a minimum 10 to 15 foot layer of non-liquefiable soil material (i.e., compacted fill plus alluvium above the groundwater table) be provided beneath any structure to reduce any potential liquefaction potential. The Report of Rough Grading. Planning Area 22 of Robertson Ranch. East Village, dated March 6, 2009, GeoSoils, Inc., indicated that loose surficial materials (i.e., existing topsoils, colluviums, near surface alluvium, and unsuitable formational soils), were removed to expose suitable'bearing soils, as defined in the approved report for the site. Therefore, impacts as a result of liquefaction are considered to be low. Based on anticipated foundation loads and preliminary design information, the geotechnical report concludes that the proposed office building and RV storage lot can be supported on the existing compacted fill soils. By following the recommendations contained within the referenced report, the site is suitable for the 17 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B,,^ T 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 proposed project and exposure of people or structures to geotechnical related hazards is considered to be less than significant. d-e) No Impact. The expansion potential of the soils underlying the subject site is considered to be low. No septic tanks are proposed. The subject project will utilize the public sanitary sewer system. No impact is assessed. VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact D D D D D D D D D D D D D D D 18 Rev. 10/02/09 rGPA 09-01/ZC 09-OI/MP 02-03(B>of 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 Potentially Significant Impact D Potentially Significant Unless Mitigation Incorporated D Less Than Significant Impact D No Impact 13h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? a-b) Less Than Significant Impact. The proposed project involves grading operations and construction activity for the future development of an office building, RV storage lot, and associated improvements. During the construction phases of the proposed project, construction equipment and materials typically associated with land development (i.e. petroleum products, paint, oils and solvents) will be transported and used onsite. Upon completion of construction of the project, some use of hazardous cleaning products on the site may occur. Other than during this construction phase, the project will not routinely utilize hazardous substances or materials. All transport, handling, use, and disposal of any cleaning substances will comply with all Federal, State, and local laws regulating the management and use of such materials. No extraordinary risk of accidental explosion or the release of hazardous substances is anticipated with construction, development, and implementation or operation of the proposed project. It is concluded that the routine amount of hazardous materials utilized during the construction period is not significant, and therefore the impact to the public or the environment through the routine transport, use, or disposal of hazardous materials is considered to be less than significant. c-h) No Impact. The project site is not listed on any county, State or Federal databases as a hazardous waste use or disposal site. The site is in excess of one mile from the nearest (Kelly Elementary) school, and is not located within the Airport Influence Area of the McClellan Palomar Airport Land Use Compatibility Plan, or adjacent to or within the vicinity of any private airstrips. Neither construction, nor the operation of the proposed project, will significantly affect, block, or interfere with traffic on public streets, including any streets that would be used for an emergency response plan or emergency evacuation plan. No emergency response or evacuation plan directs evacuees through the project site, and no improvements are proposed by the project in any area which would physically interfere with an adopted emergency response plan or emergency evacuation plan. Furthermore, the project site is not adjacent to a wildland interface where residences are intermixed with tracts of natural vegetation. No impact is assessed. 19 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B)/o F 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 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? 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? Potentially Significant Impact D D Potentially Significant Unless Mitigation Incorporated n D Less Than Significant No Impact Impact D D n n n n n D n n n n D D 20 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B>CT 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 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? Potentially Significant Impact D D a a a a a Potentially Significant Unless Mitigation Incorporateda Less Than Significant No Impact Impact n n n D a n a . a a EI a a a a a) Less Than Significant Impact. Impacts to Hydrology and Water Quality as a result of the Robertson Ranch Master Plan project (including the PA 22 project site) were analyzed in the Robertson Ranch Master Plan EIR. Mitigation measures to reduce impacts to less than significant were identified in a Preliminary Storm Water Management Plan for the Robertson Ranch East Village and the Preliminary Drainage Study (prepared by O'Day Consultants, dated September 2005), which included implementation of the Storm Drainage and a Desiltation/Depollutant Plan as proposed in the Master Plan. A subsequent Preliminary Drainage Study for Robertson Ranch PA 22 (O'Day Consultants, April 14, 2009) and a Preliminary Storm Water Management Plan for Robertson Ranch PA 22. (O'Day Consultants, April 14, 21 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B;,v,T 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 2009) ha\e been prepared to address the modified hydrological circumstances based on the post-deposit of fill soil for a development pad on the proposed project site. The subject property is required by law to comply with Federal, State and local water quality regulations including the Clean Water Act, California Administrative Code Title 23, and specific basin plan objectives identified in the "Water Quality Control Plan for the San Diego Basin". The project is required to adhere to all applicable Regional Water Quality Control Board (RWQCB) regulations for control of sedimentation and erosion, and to comply with the National Pollution Elimination Discharge System (NPDES) requirements and Best Management Practices (BMPs) for water quality. The proposed project will include all water quality infrastructure as required by the City. As a result, the project will not violate any water quality standards or waste discharge requirements; and there will be no impact to water quality, site erosion, pollution discharge, or drainage from the site as it may affect adjacent properties and existing storm water infrastructure. The project site presently consists of a rough-graded pad with a temporary sediment basin. This pad area is approximately 3.64 acres in size and runoff flows from east to west into the temporary sediment basin via overland flow. An existing 24-inch storm drain pipe conveys runoff into an existing depollutant swale downstream within Robertson Ranch PA 20. The proposed hydrology conditions for the proposed project have been designed to preserve the existing drainage patterns to the maximum extent practicable. The drainage study concludes that post- development runoff generated on the project site will be collected and conveyed by a proposed private storm drain system to the existing depollutant basin in PA 20. The increase in pad area will result in an increase QIM from 14.1 cfs (existing) to 21.1 cfs (developed). It is concluded that the existing downstream 24-inch storm drain and depollutant basin can adequately convey the developed Q1M. As a result, it is determined that the proposed project will not violate water quality standards and a less than significant impact is assessed. b) No Impact. The project does not propose to directly draw any groundwater; instead it will be served via existing public water distribution lines within the public right-of-way adjacent to the site. Existing water lines will adequately serve the project's water demands. No impact is assessed. c-f) Less Than Significant Impact. The alteration of drainage patterns in the area of the project site will not be substantial, and will be consistent with that analyzed in the Robertson Ranch Master Plan EIR. Likewise, the grading of the property will not result in substantial erosion on or off-site. The proposed project will not create or contribute runoff which would exceed the capacity of existing or planned stormwater drainage systems or otherwise degrade water quality beyond the assumptions in the Robertson Ranch Master Plan EIR. The post-development runoff generated from the proposed project will be collected and conveyed by a proposed private storm drain system to the existing depollutant basin in PA 20. The increase in pad area will result in an increase Qioo from 14.1 ,cfs to 21.1 cfs and thus it is concluded that the existing downstream 24-inch storm drain and depollutant basin can adequately convey the developed Qioo. Therefore, it is concluded that the project will not substantially alter the existing drainage pattern of the site or area in a manner that would result in substantial erosion or siltation on-site or off-site. g-j) No Impact. The proposed project will not 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, or expose people or structures to significant risk of flood based on FIRM Map No. 06073 C 0768F as revised to reflect FEMA Letter of Map Revision 09-09-0276P effective September 8, 2009. However, the Robertson Ranch Master Plan EIR noted a history of flooding in the Rancho Carlsbad Mobile Home Park and required construction of detention basins and modification to the Calavera Creek stream bed to 22 Rev. 10/02/09 (00 r . r GPA 09-01/ZC 09-01/MP 02-03(B;/wF 09-01/PUD 09-OI/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 reduce flooding in the Rancho Carls.bad Mobile Home Park. The project will not place any structures within the 100-year flood hazard area, which would impede or redirect flood flows, and it will not 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, or as a result of inundation by seiche, tsunami, or mudflow. k) Less Than Significant Impact. Federal, State and local agencies have established goals and objectives for storm water quality in the region. The proposed project is considered a priority project as defined in Order No. 2007-01 by the San Diego Region of the California Water Quality Control Board. As a result, the project is subject to state requirements for water quality standards. In addition, prior to the start of construction activities, the project will be required to comply with all Federal, State and local permits, including the Storm Water Management Plan (SWMP) required under the County of San Diego Watershed Protection Ordinance. The project applicant has'prepared a SWMP for the proposed project. The purpose of this SWMP is to address the water quality impacts from the proposed improvements. The SWMP includes guidelines in developing and implementing post-construction Best Management Practices (BMPs). The project is required to adhere to all applicable Regional Water Quality Control Board (RWQCB) regulations for control of sedimentation and erosion, and to comply with the National Pollution Elimination Discharge System (NPDES) requirements and Best Management Practices (BMPs) for water quality. The anticipated pollutants of concern for the proposed project include heavy metal, organic compounds (petroleum hydrocarbons), trash and debris, oil and grease, sediment, and nutrients and pesticides from landscaping. Site design BMPs, source control BMPs, and treatment control BMPs are recommended, and have been included in the project in order to minimize the potential for significant downstream water quality impacts from these pollutants. Structural treatment control BMPs have been included in the project design, including construction of a vegetated swale, bioretention, storm drain inlet filter inserts, and pervious pavement materials. As a result of the inclusion of these BMPs into the project design, impacts to water quality resulting from erosion and other pollutants are considered less than significant. 1-n) No Impact. The proposed project will not increase pollutant discharges, change receiving water quality during or following construction, and will not increase any pollutant to an already impaired water body. o) Less Than Significant Impact. The proposed project will increase the area of impervious surfaces; however it will not be significantly increased beyond that analyzed in the certified Robertson Ranch Master Plan EIR. The impervious footprint of the proposed project has been minimized through increasing the building density, utilizing pervious construction materials on walkways, driveways, and low traffic areas. A significant area of natural open space has been retained in proposed Lot 4 (PA 23G). p-q) No Impact. The proposed project will not impact any aquatic, wetland or riparian habitat and will not exceed applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses. 23 Rev. 10/02/09 GPA 09-01/ZC 09-Ol/MP 02-03(B;,^r 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 VIII. 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 n n Less Than Significant No Impact Impact n n n a) No Impact. Development of the subject project will not physically divide an established community. No impact is assessed. b) Less Than Significant Impact. The proposed project involves a General Plan Amendment which would modify the allowable land uses on the subject site from Unplanned Area (UA) and Residential Low-Medium Density (RLM, 0-4 du/ac) to Office (O) and Open Space (OS). The Office use would allow for development of a commercial office, related parking lot, and accessory uses, as well as an RV storage lot for the benefit of the residents of the Robertson Ranch East and West Villages. The Office (O) Zone enacts the Office land use category. The project is consistent with the requirements and standards of the O Zone. These uses are consistent with the urban uses envisioned in the Robertson Ranch Master Plan. The RV Storage facility is a requirement of that plan and has been designed in accordance with the development standards outlined within. The proposed uses are identified in the City's General Plan as desired urban uses. The Robertson Ranch Master Plan EIR included an analysis of then-proposed residential development compatibility with the adjacent Rancho Carlsbad Mobile Home Park project. The proposed PA 22 office building and RV storage lot maintains the setbacks, grades and general quality and standards that were identified in the EIR to mitigate potential land use compatibility impacts to the Rancho Carlsbad Mobile Home Park project. Furthermore, as discussed throughout this Environmental Assessment, the proposed office building and RV storage lot has been designed or conditioned to include measures (i.e., landscaping, noise control, etc.) to mitigate any potential land use compatibility impacts of development. Therefore, the proposed project does not result in a significant impact to Planning and Land Use policy compliance. c) No Impact. The proposed project does not conflict with any habitat conservation plans or natural community conservation plan policies. No impact is assessed. 24 Rev. 10/02/09 GPA 09-01/ZC 09-0IMP 02-03(8,,^, 109-01 /PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 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 D D Potentially Significant Unless Mitigation Incorporated D Less Than Significant No Impact Impact D n D a-b) No Impact. There is no indication that the subject property contains any known mineral resources that would be of future value to the region or the residents of the state. The subject site is not delineated on a local or regional plan as containing significant mineral resources. No impact is assessed. XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact D D D D D D D n D n n n n 25 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B>x/T 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated 0 For a project within the vicinity of a private Q CD EH S airstrip, would the project expose people residing or working in the project area to excessive noise levels? a, c, & d) Potentially Significant Unless Mitigation Incorporated. An acoustical analysis was prepared for the proposed project by Urban Crossroads (Robertson Ranch PA 22 - Office Building Analysis. October 5, 2009, IN: 06679-06) in order to determine compatibility with the City of Carlsbad's Noise Guidelines Manual. The report identifies vehicle noise from Cannon Road as the primary noise source within the vicinity of the project site. It is estimated that each of the three floors of the proposed office building would experience worse-case unmitigated exterior noise levels as high as 68.3 dBA CNEL. The design of the proposed office building will be required to provide a minimum noise reduction of 13.3 dBA CNEL in order to comply with the City's interior Leg(h) standard of 55 dBA CNEL. In order to meet the City of Carlsbad interior noise standard of 55 dBA CNEL and to reduce exterior traffic noise impacts to level that is considered to be less than significant, the proposed office building will need to provide the following: • standard dual-glazed windows with a minimum Sound Transmission Class (STC) rating 26 for all first, second and third floor windows; • all window and door assemblies used throughout the project shall be free of cut outs and openings and shall be well fitted and well weather-stripped; • provide a windows closed condition requiring a means of mechanical ventilation for all units to meet the City and/or Uniform Building Code (UBC) requirements stating that in lieu of exterior openings for natural ventilation, a mechanical ventilating system shall be provided (i.e., air conditioning). Such a system shall be capable of providing two air changes per hour with minimum outside fresh air requirements; and • Provide exterior walls with a minimum Sound Transmission Class (STC) rating of 46. Typical walls with this rating will have 2x4 studs or greater, 16" o.c. with R-13 insulation, a minimum 7/8" exterior surface of cement plaster and a minimum interior surface of 1/2" gypsum board. Masonry block or concrete tip-up assemblies will perform better than the above described wood assembly and would be an acceptable alternative. No additional interior noise mitigation is required to meet the City of Carlsbad 55 dBA CNEL interior noise standards. In addition to the above, the proposed office building is proposing a ground mounted mechanical equipment enclosure on the sputh side of the building. The nearest noise sensitive areas to the project are the existing single-family residential land uses (Rancho Carlsbad Mobile Home Park) to the south of the project site. According to the report, noise levels were assessed at the residences during nighttime hours (considered the worst-case scenario) in order to determine any potential operational noise impacts from the mechanical equipment. Calculations were completed to assess the nighttime noise level impacts from the proposed project to the residents located in the single-family residences to the south. As the ground mounted mechanical equipment enclosure is designed, with the louvers facing the eastern and/or western property lines and the 26 Rev. 10/02/09 ( , GPA 09-01/ZC 09-01/MP 02-03(B>^T 09-01/PUD 09-Ol/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 wall heights extending at least one (1) foot in height above the proposed mechanical equipment that is enclosed within, it is concluded that nighttime noise level projection is expected to be 42.7 dBA Leq at the nearest residential noise sensitive use located approximately 215 feet to the south. It should be noted that the City of Carlsbad Noise Guidelines manual does not include a quantitative threshold for operational noise levels from fixed "point" noise sources. Instead, the City determines if the proposed use is compatible with the existing surrounding land uses based upon the results of an acoustical assessment. According to the acoustical analysis that was prepared for the project, the 42.7 dBA Leq noise level is below both the City's exterior 60 dBA CNEL and interior 45 dBA CNEL requirements for residential land uses. Because CNEL is used only for determining mobile noise sources over a 24 hour period, the acoustical report identified that the one hour Leq is a more appropriate and restrictive standard. By comparison, the anticipated property line noise level is also below the most restrictive residential property line threshold established by the County of San Diego of 45 dBA Leq during the nighttime hours. Therefore, as designed no impacts are anticipated from the proposed mechanical equipment. Furthermore, it should be noted that this analysis did not take into account the additional noise level reductions from the existing 6 ft. tall masonry wall located at the boundary of the Rancho Carlsbad Mobile Home Park, or the proposed 6 ft. tall masonry wall that is proposed at the top of slope between theses residences and the proposed noise sources. These two (2) walls will further reduce the noise levels below 40 dBA Leq, which is similar to the existing nighttime ambient conditions. Therefore, through the implementation of these mitigation measures, impacts from noise are reduced to a less than significant level. b) No Impact. The uses associated with the proposed project are general office and RV storage. These uses will not expose people to excessive groundbourne vibration or excessive groundbourne noise levels. No impact is assessed. e) No impact. The subject site is located within 2 miles of McClellan-Palomar Airport. However, the project site is located outside of the Airport Influence Area, Flight Activity Zone, and the Runway Protection Zone, which are established by the Airport Land Use Compatibility Plan for McClellan- Palomar Airport. As such, the project will not expose people working in the project area to excessive noise levels. No impact is assessed. f) No Impact. The subject site is not located adjacent to or within the vicinity of a private airstrip for which the project would expose people residing or working in the project area to excessive noise levels. No impact is assessed. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XII. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either Q Q CH £3 directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? 27 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B;^T 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 Potentially Significant Impact b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? D Potentially Significant Unless Mitigation Incorporated D Less Than Significant Impact D D No Impact a-c) No Impact. Development of the proposed project will not induce substantial growth in the area, either directly or indirectly. No major infrastructure facilities are proposed for extension to serve this project. The proposed office and RV storage use will not substantially induce growth. The subject site is currently undeveloped and therefore no existing housing or people will be displaced. A portion of the subject site has previously [per the approved Robertson Ranch Master Plan] been identified as a potential site for temporary or permanent RV Storage for the East and West Village of Robertson Ranch. With the addition of the western edge of the "Option Parcel", sufficient area is present to support both uses. The office development does not result in a take of sensitive natural resources and is consistent with the other approved uses within the Robertson Ranch Master Plan. No impact is assessed. XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? Potentially Significant Impact D D n D Potentially Significant Unless Mitigation Incorporated n n n n Less Than Significant No Impact Impact n n n n 28 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B,,^T 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 a.i.-a.v.) No Impact. The Robertson Ranch Master Plan EIR concluded that the overall impacts to public facilities and service systems were not significant provided that all the appropriate agency conditions for development are met including payment of public facilities fees. The addition of the office development does not represent a significant increase in development area and therefore no additional mitigation measures are required. No impact is assessed. Xin. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Potentially Significant Impact D Potentially Significant Unless Mitigation Incorporated n Less Than Significant No Impact Impact D D D a-b) No impact. Development of the proposed office and RV Storage facility will not result in the deterioration of existing neighborhood or regional parks or cause such parks to be expanded. The Robertson Ranch Master Plan does include a city park site. The Robertson Ranch Master Plan EIR analyzed recreation demand for 20 residential units on PA 22. Per the Carlsbad Parks and Recreation Element of the General Plan, residential units generate demand for recreational facilities. Office uses are determined to generate a much smaller recreation facility obligation. Thus, the proposed office development will not contribute a significant increase in park users beyond that which was originally anticipated. No impact is assessed. XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Potentially Significant Impact D Potentially Significant Unless Mitigation Incorporated D Less Than Significant No Impact Impact D D 29 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B;<wF 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses.(e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in insufficient parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn-outs, bicycle racks)? Potentially Significant Impact D D D Potentially Significant Unless Mitigation Incorporated D D D D D Less Than Significant Impact D D D n D No Impact a-b) Less Than Significant Impact. A traffic impact analysis, Robertson Ranch PA 22 Traffic Study, by Urban Systems dated December 15, 2009 and later updated on September 2, 2009, has been prepared for the subject project. This analysis, as illustrated in the following tables, concludes that the proposed project (66,000 square foot office building and RV storage lot) will generate 1,320 Average Daily Trips (ADT) and 216 peak hour trips. This traffic will utilize Cannon Road, College Boulevard, Tamarack Avenue and El Camino Real. The Robertson Ranch Master Plan EIR analysis anticipated 160 ADT from 20 residential courtyard units that were originally proposed on PA 22. Also, two other planning areas within Robertson Ranch have since been restricted to a lower number of units than was originally assumed and addressed in the EIR analysis. These planning areas are PA 13 and PA 14. The EIR assumed multi-family residential development on both of these planning areas, and the adopted Master Plan ultimately restricted them to single-family development. A comparison of these assessments are described below: Traffic Generation - Certified EIR Analysis PA 13 14 22 Use Multi-Family Multi-Family Courtyard Homes TOTAL ADT 828 414 160 1,402 AM Peak Hour 66 33 13 112 PM Peak Hour 75 37 16 128 Traffic Generation - Proposed PA 22 Project with Recent Land Use Changes PA 13 14 22 Use Single-Family Single-Family Office TOTAL ADT 230 160 1,320 1,710 AM Peak Hour 18 13 185 216 PM Peak Hour 23 16 172 211 30 Rev. 10/02/09 rGPA 09-01/ZC 09-01/MP 02-03(B),^,r 09-01 /PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 Net New ADT Generated Proposed PA 22 project . Certified EIR TOTAL (net difference) ADT 1,710 1,402 308 AM Peak Hour 216 112 104 PM Peak Hour 211 128 83 Existing traffic (plus the proposed project) on impacted intersections and street segments are shown on the following tables. Existing plus Proposed Project - Intersections Intersection El Camino Real/Tamarack Ave. El Camino Real/Cannon Road Cannon Road/PA 22 Driveway Existing AM ICU 0.67 0.59 NA LOS B A NA PM ICU 0.55 0.72 NA LOS A C NA Existing plus Project AM ICU 0.68 0.60 0.37 LOS B A A PM ICU 0.56 0.74 0.49 LOS B C A Existing plus Proposed Project - Street Segments Street Segment El Camino Real (Tamarack- Cannon) El Camino Real (Cannon So. of) Cannon Road (ECR South of) Cannon Road (ECR West of) Existing plus Project AM VOL 858 1,060 337 . 527 V/C 0.48 0.59 0.19 0.29 LOS A A A A PM VOL 874 1,124 381 613 V/C 0.49 0.62 0.21 0.34 LOS A B A A Year 2030 conditions for the intersections and street segments including the proposed project are as follows: Year 2030 with Proposed Project - Intersections Intersection El Camino Real/Tamarack Ave. El Camino Real/Cannon Road Cannon Road/PA 22 Driveway Cannon Road/College Blvd. Existing AM ICU 49.7 49.8 12.3 34.1 LOS D D B C PM ICU 50.7 48.0 10.1 38.3 LOS D D B D Existing plus Project AM ICU 53.3 47.6 11.5 34.5 LOS D D B C PM ICU 51.4 48.0 10.5 39.0 LOS D D B D 31 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B>wr 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 Year 2030 with Proposed Project - Street Segments Street Segment El Catnino Real (Tamarack- Cannon) El Camino Real (Cannon So. of) Cannon Road (ECR South of) Cannon Road (ECR West of) Existing plus Project AM VOL 902 857 685 823 V/C 0.50 0.48 0.38 0.48 LOS A A A A PM VOL 805 812 665 779 V/C 0.45 0.45 0.37 0.43 LOS A A A A Thus, it is concluded that while the increase in traffic from the proposed PA 22 project may be slightly noticeable, the street system has been designed and sized to accommodate traffic from the project and cumulative development in the City of Carlsbad. Therefore, the proposed project would not cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. The impacts from the proposed project are considered to be less than significant. b) Less Than Significant Impact. SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and one highway segment in Carlsbad as part of the regional circulation system. The existing LOS on these designated roads and highway in Carlsbad is: 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 capacity(ies) of the designated roads and highway and implementation of the CMP strategies, they will function at acceptable level(s) of service in the short- term and at buildout. c) No Impact. The proposed project does not include any aviation components. The project is consistent with the Airport Land Use Compatibility Plan for McClellan-Palomar Airport. Therefore, it will not result in a change of air traffic patterns or result in substantial safety risks. No impact is assessed. d) No Impact. All project circulation improvements will be designed and constructed per City and thus will not result in design hazards. No impact is assessed. standards; e) No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. No impact is assessed. f) No Impact. The proposed project is not requesting a parking variance. Additionally, the project would comply with the City's parking requirements to ensure an adequate parking supply. No impact is assessed. 32 Rev. 10/02/09 70 GPA 09-01/ZC 09-01/MP 02-03(B>cT 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 g) No Impact. The project site is located adjacent to circulation element roadways which accommodate public transportation. No conflict with adopted policies or standards will result from implementation of the project. No impact is assessed. XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Potentially Significant Impact D D D D n D n Potentially Significant Unless Mitigation Incorporated n Less Than Significant No Impact Impact n n n n n n n n a-g) No Impact. The Robertson Ranch Master Plan EIR concluded that overall impacts to public facilities and service systems were not significant provided that the appropriate agency conditions for development are met, including payment of public facilities fees. No impact is assessed. 33 Rev. 10/02/09 II GPA 09-Ol/ZC 09-01/MP 02-03(B>^,T 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 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? ("Cumulatively 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 Potentially Unless Significant Mitigation Impact Incorporated D Less Than Significant No Impact Impact n D n n n D n a) Potentially Significant Impact Unless Mitigation Incorporated. The subject site does not support any protected or sensitive biological resources or habitat types. Calavera Creek, which is located off site and to the south, is the nearest sensitive biological resource. The proposed project is not directly impacting Calavera Creek. Potential indirect impacts are mitigated through the incorporation of a 100- foot wide buffer made part of proposed site plan, and the requirements of a Storm Water Management Plan precludes any offsite migration of sediment. However, the project's required mitigation as outlined in the Cultural Resources section will preclude any elimination of important examples of major periods of California history or prehistory, thus reducing impacts to less than significant. Therefore, the project will not reduce the habitat of a fish or wildlife species; will not threaten to eliminate or reduce the number of endangered plant and animal species; and will not result in the elimination of any important examples of California history or prehistory. b) Less Than Significant Impact. San Diego Association of Governments (SANDAG) projects regional growth for the greater San Diego area and local General Plan land use policies are incorporated into SANDAG projections. Based upon these projections, region-wide standards, etc., are established to reduce the cumulative impacts of development in the region. All of the City's development standards and regulations are consistent with the region wide standards. The City's standards and regulations, including grading standards, water quality and drainage standards, ensure that development within the City will not result in a significant cumulatively significant impact. 34 Rev. 10/02/09 TZ GPA 09-01/ZC 09-01/MP 02-03(3,, ~F 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 There are two regional issues that developments within the City of Carlsbad have the potential to have a cumulatively significant impact on. These issues are air quality and regional circulation. As described in the Robertson Ranch Master Plan EIR, the project will result in an increase in cumulative emissions in the air basin. However, the increase attributable to Robertson Ranch or this one specific project will not significantly impact basin wide air quality, which will remain effectively unchanged whether or not the development is implemented. The County Congestion Management Agency (CMA) has designated three roads (Rancho Santa Fe Road, El Camino Real and Palomar Airport Road) and two highway segments in Carlsbad as part of the regional circulation system. The CMA has 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 impact from the project on the regional circulation system is considered less than significant. c) No Impact. The office building component of the-project and the future development of the site for RV storage will comply with City standards, and by design the project will not result in any direct or indirect significant adverse effects on human beings. 35 Rev. 10/02/09 GPA 09-Oi/ZC 09-01/MP 02-03(B,,^r 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EER, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier do'cument 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. 36 Rev. 10/02/09 U GPA 09-01/ZC 09-01/MP 02-03(8,-wf 09-0 I/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 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. City of Carlsbad Municipal Code. Title 21 Zoning. City of Carlsbad Planning Department, as updated. 4. Habitat Management Plan for Natural Communities in the City of Carlsbad. City of Carlsbad Planning Department, final approval dated November 2004. 5. Robertson Ranch Master Plan Final Environmental Impact Report (EIR 03-03). BRG Consulting, Inc., San Diego, CA, April 2006 (State Clearing House No. 2004051039). 6. Robertson Ranch Master Plan. BRG Consulting, Inc., San Diego, CA, November 2006. 7. Cultural Resources Survey and Evaluation for the Proposed Robertson Ranch Project. Brian F. Smith and Associates, San Diego, CA, June 2002. 8. Results of a Data Cultural Resources Mitigation and Monitoring Program for Robertson Ranch. Brian F. Smith and Associates, November 26, 2008. 9. Preliminary Biological Assessment Robertson Ranch PA 22. Planning Systems, Carlsbad, CA, August 10,2009. 10. Report of Rough Grading Planning Area 22 of Robertson Ranch. East Village (W.O. 5353-B1- SC], GeoSoils, Inc., March 6, 2009 11. Updated Geotechnical Evaluation of the Robertson Ranch Property. GeoSoils, Inc. Carlsbad, CA September 2004. 12. Robertson Ranch PA 22 - Office Building Noise Analysis (JN:06679-06'). Urban Crossroads, October 5, 2009. 13. Airport Land Use Compatibility Plan for McClellan Palomar Airport. Carlsbad. California. San Diego County Regional Airport Authority, as amended October 4, 2004. 14. Preliminary Storm Water Management Plan for Robertson Ranch PA 22 (JN: 011014-5). O'Day Consultants, Carlsbad, CA, April 14, 2009. 15. Preliminary Drainage Study for the Robertson Ranch PA 22 (JN: 011014-5). O'Day Consultants, Carlsbad, CA, April 14, 2009. 16. Robertson Ranch PA 22 Traffic Study. Urban Systems, dated December 15, 2008 and updated September 2, 2009. 37 Rev. 10/02/09 r rGPA 09-01/ZC 09-01/MP 02-03(B>wr 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 LIST OF MITIGATING MEASURES (IF APPLICABLE) 1. Archeological mitigation measures shall be implemented as follows: a. Prior to the issuance of a grading permit or a building permit, whichever occurs first, the developer shall enter into a pre-excavation agreement with a representative of the San Luis Rey Band of Mission Indians. The purpose of this agreement will be to establish the requirement of tribal monitoring and to formalize procedures for the treatment of Native American human remains and burial, ceremonial, or cultural items that may be uncovered during any ground disturbance activities. b. Prior to issuance of a grading permit or building permits, whichever occurs first, the project developer shall retain the services of a qualified archeologist to monitor all grading and excavation activities, including utility trenching, etc. The applicant shall provide verification that a qualified archeologist has been retained, and verification shall be documented by a letter from the applicant and the archeologist to the Planning Director. c. A qualified archeologist shall be present at the pre-construction meeting to consult with the grading and excavation contractors. d. In the event that any cultural resources, concentration of artifacts, or culturally modified soil deposits are discovered within the project area at any time during construction, the archeological monitor shall be empowered to suspend work in the immediate area of the discovery until such time as a data recovery plan can be developed and implemented. e. The discovery of any resource shall be reported to the City of Carlsbad Planning Director prior to any evaluation testing. f. If any deposits are evaluated as significant under CEQA, mitigation may be required as recommended by the qualified archeologist. 2. Paleontolpgical mitigation measures shall be implemented as follows: a. Prior to issuance of a grading permit the project developer shall retain a qualified paleontologist to carry out the mitigation program outlined here. (A qualified paleontologist is defined as an individual with a MS or Ph.D. in paleontology or geology that is familiar with paleontological procedures and techniques.) The applicant shall provide verification that a qualified paleontologist has been retained, and verification shall be documented by a letter from the applicant and the paleontologist to the Planning Director. b. A qualified paleontologist shall be present at a pre-construction meeting to consult with the grading and excavation contractors. c. A paleontological monitor shall be onsite at all times during grading and excavation activities, including utility trenching, etc. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials. The paleontological monitor shall work under the direction of a qualified paleontologist.) d. When fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In most cases this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as a complete large mammal skeleton) may require an extended salvage 38 Rev. 10/02/09 GPA 09-01/ZC 09-01/MP 02-03(B>vF 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Due to the small nature of some fossils it may be necessary to collect matrix samples for processing through fine mesh screens. e. Any fossils collected shall be prepared to the point of identification and properly curated before they are donated to their final repository. f. Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be deposited (as a donation) in a non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. g. A final summary report shall be completed that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils. 3. To reduce exterior traffic noise impacts and to meet the City of Carlsbad interior noise standard of 55 dBA CNEL for the office building, the final building plans shall reflect the following construction requirements prior to issuance of the building permit: a. Provide standard dual-glazed windows with a minimum Sound Transmission Class (STC) rating 26 for all first, second and third floor windows. b. All windows and door assemblies used throughout the office building shall be free of cut-outs and openings and shall be well-fitted and well weather-stripped. c. Provide a windows closed condition requiring a means of mechanical ventilation which shall meet the City and/or Uniform Building Code (UBC) requirements stating that in lieu of exterior openings for natural ventilation, a mechanical ventilating system shall be provided (i.e., air conditioning). Such a system shall be capable of providing two air changes per hour with minimum outside fresh air requirements. d. Provide exterior walls with a minimum Sound Transmission Class (STC) rating of 46. Typical walls with this rating will have 2x4 studs or greater, 16" o.c. with R-13 insulation, a minim 7/«" exterior surface of cement plaster and a minimum interior surface of Vz" gypsum board. Masonry block or concrete tip-up assemblies will perform better than the above described wood assembly and would be an acceptable alternative. 4. Any louvers required for venting the ground mounted mechanical equipment enclosure shall not be located on any portion of the south elevation facing the Rancho Carlsbad residences. The final building plans shall reflect this requirement prior to the issuance of a building permit for this facility. 5. The wall height of the ground mounted mechanical equipment enclosure shall at a minimum extend at least one (1) foot above the surface height of the mechanical equipment housed within. The final building plans shall reflect this requirement prior to the issuance of a building permit for this facility. 39 Rev. 10/02/09 GPA 09-01/ZC 09-0 1/MP 02-03(B)/CT 09-01/PUD 09-01/SDP 09-01 ROBERTSON RANCH PLANNING AREA 22 APPLICANT CONCURRENCE W[TH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signature 40 Rev. 10/02/09 Page 1 of 5 PROJECT NAME: Robertson Ranch Planning Area 22 APPROVAL DATE: fClick Here] FILE NUMBERS: GPA 09-01/ZC 09-01 IMP 02-03(BVCT 09- 01/PUD 09-01/SDP 09-01 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 1. Archeological mitigation measures shall be implemented as follows: a. Prior to the issuance of a grading permit or a building permit, whichever occurs first, the developer shall enter into a pre-excavation agreement with a representative of the San Luis Rey Band of Mission Indians. The purpose of this agreement will be to establish the requirement of tribal monitoring and to formalize procedures for the treatment of Native American human remains and burial, ceremonial, or cultural items that may be uncovered during any ground disturbance activities. b. Prior to issuance of a grading permit or building permits, whichever occurs first, the project developer shall retain the services of a qualified archeologist to monitor all grading and excavation activities, including utility trenching, etc. The applicant shall provide verification that a qualified archeologist has been retained, and verification shall be documented by a letter from the applicant and the archeologist to the Planning Director. Monitoring Type Prior to issuance of a grading permit. Monitoring Department Planning/ Engineering Shown on Plans Verified Implementatio n Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. 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 information. RD - Appendix P. Page 2 of 5 Mitigation Measure c. A qualified archeologist shall be present at the pre-construction meeting to consult with the grading and excavation contractors. d. In the event that any cultural resources, concentration of artifacts, or culturally modified soil deposits are discovered within the project area at any time during construction, the archeological monitor shall be empowered to suspend work in the immediate area of the discovery until such time as a data recovery plan can be developed and implemented. e. The discovery of any resource shall be reported to the City of Carlsbad Planning Director prior to any evaluation testing. f. If any deposits are evaluated as significant under CEQA, mitigation may be required as recommended by the qualified archeologist. 2. Paleontological mitigation measures shall be implemented as follows: a. Prior to issuance of a grading permit the project developer shall retain a qualified paleontologist to carry out the mitigation program outlined here. (A qualified paleontologist is defined as an individual with a MS or Ph.D. in paleontology or geology that is familiar with paleontological procedures and techniques.) The applicant shall provide verification that a qualified paleontologist has been retained, and verification shall be documented by a letter from the applicant and the paleontologist to the Planning Director. Monitoring Type Prior to issuance of a grading permit. Monitoring Department Planning/ Engineering Shown on Plans Verified Implementatio n Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. 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 information. RD - Appendix P. Page 3 of 5 Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementatio n Remarks b. A qualified paleontologist shall be present at a pre-construction meeting to consult with the grading and excavation contractors. c. A paleontological monitor shall be onsite at all times during grading and excavation activities, including utility trenching, etc. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials. The paleontological monitor shall work under the direction of a qualified paleontologist.) d. When fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In most cases this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as a complete large mammal skeleton) may require an extended salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Due to the small nature of some fossils it may be necessary to collect matrix samples for processing through fine mesh screens. e. Any fossils collected shall be prepared to the point of identification and properly curated before they are donated to their final repository. f. Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be deposited (as a donation) in a non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. 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 information. RD - Appendix P. Page 4 of 5 Mitigation Measure g. A final summary report shall be completed that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils. 3. To reduce exterior traffic noise impacts and to meet the City of Carlsbad interior noise standard of 55 dBA CNEL for the office building, the final building plans shall reflect the following construction requirements prior to issuance of the building permit: a. Provide standard dual-glazed windows with a minimum Sound Transmission Class (STC) rating 26 for all first, second and third floor windows. b. All windows and door assemblies used throughout the office building shall be free of cut-outs and openings and shall be well-fitted and well weather-stripped. c. Provide a windows closed condition requiring a means of mechanical ventilation which shall meet the City and/or Uniform Building Code (UBC) requirements stating that in lieu of exterior openings for natural ventilation, a mechanical ventilating system shall be provided (i.e., air conditioning). Such a system shall be capable of providing two air changes per hour with minimum outside fresh air requirements. Monitoring Type Prior to issuance of Building Permit Monitoring Department Planning/ Building Shown on Plans Verified Implementatio n Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. 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 information. RD - Appendix P. Page 5 of 5 Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementatio Remarks Provide exterior walls with a minimum Sound Transmission Class (STC) rating of 46. Typical walls with this rating will have 2x4 studs or greater, 16" o.c. with R-13 insulation, a minim Va" exterior surface of cement plaster and a minimum interior surface of Va" gypsum board. Masonry block or concrete tip-up assemblies will perform better than the above described wood assembly and would be an acceptable alternative. Any louvers required for venting the ground mounted mechanical equipment enclosure shall not be located on any portion of the south elevation facing the Rancho Carlsbad residences. The final building plans shall reflect this requirement prior to the issuance of a building permit for this facility. Prior to issuance of Building Permit Planning/ Building 5. The wall height of the ground mounted mechanical equipment enclosure shall at a minimum extend at least one (1) foot above the surface height of the mechanical equipment housed within. The final building plans shall reflect this requirement prior to the issuance of a building permit for this facility. Prior to issuance of Building Permit Planning/ Building oO IP Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. 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 information. RD-Appendix P. City of Carlsbad Planning Department November 25, 2009 Diane Nygaard Preserve Calavera 5020 Nighthawk Way Oceanside, CA 92056 SUBJECT: RESPONSE TO PRESERVE CALAVERA COMMENTS ROBERTSON RANCH PA 22 - MITIGATED NEGATIVE DECLARATION Dear Ms. Nygaard, Thank you for your comments dated November 9, 2009 pertaining to the Mitigated Negative Declaration (MND) that was prepared for the proposed Robertson Ranch PA 22 project. The project area is generally located in Planning Area 22 of the Robertson Ranch Master Plan and the adjacent property referred to in the Master Plan as the "Option Parcel" at the southeast corner of the intersection of Wind Trail Way and Cannon Road in the City of Carlsbad, California (APN168-050-5 5 & 168-360-03). We have subdivided your letter into the four issue areas (i.e., Land Use, Biological Resources, Hydrology & Water, and Traffic), which are identified below in italic text followed by staffs response. Land Use - The proposed land use is not longer required. The RV parking lot is identified as a requirement for the residential development approved in the east and west villages of Robertson Ranch. Shortly after approval of the project Master Plan the City changed their ordinance and eliminated the requirements for RV parking with residential development. This change was made in recognition that such a mandate no longer serves a public purpose - and in fact is damaging to the watershed by creating excessive areas for vehicle parking, is a poor use of valuable coastal land, and there is a reduced demand for such parking. Please clarify - is the city still forcing this land use on the developer based on the now obsolete ordinance - or is this developer just so backward that they think it makes sense to park RV's next to a creek in an area with a history offloading? RESPONSE: The size of the proposed Planning Area 22 Recreational Vehicle (RV) storage lot is the minimum size necessary to accommodate the projected build out of both the East and West Villages of the Robertson Ranch Master Plan as calculated per the newly-adopted RV storage requirements of the Carlsbad Municipal Code (C.M.C.) Chapter 21.45 - Planned Developments. These new requirements for residential developments did not eliminate the requirement for RV storage as mentioned in your letter, but rather eliminated the requirement for rental apartment projects, standard single-family lots, and projects located within the RMH and RH General Plan land use designations. Medium-density projects with 100 or more units, or in a master or specific plan with 100 or more planned development units are still subject 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CL. U RESPONSE REGARDING ROBERTSON RANCH PA 22 MND November 25, 2009 to the requirement to provide RV storage. Robertson Ranch is a Master Plan with an excess of 100 units, in which nine of the planning areas (i.e., PA 1,3, 6, 10, 13, 14, 16, 17, and 18) are approved for residential uses at medium densities. Therefore, the Robertson Ranch Master Plan continues to be subject to a RV storage requirement. Of the total project dwelling units within Robertson Ranch, a maximum of 320 are located within the East Village (PA 14, 16, 17, and 18), and 232 are located within the West Village (1, 3, 6, 10, and 13), resulting in a maximum requirement of 1 U040 square feet of RV storage, excluding drive aisles. The proposed RV storage lot is providing 1 1,667 square feet, which will be available to both the East and West Villages and will accommodate the Master Plan's requirement to provide RV storage. Biological Resources - Insufficient discussion and adequacy of creek buffer. The Bio Resources report and checklist discussion states that the project has provided the required 1 00' creek buffer. However the drawings indicate that part of this buffer is within the development footprint fence and on slopes that are proposed for "naturalizing" plantings and not_ actual wetlands buffer plants. Furthermore the description of the buffer states it is from the "creek channel. " Buffers are properly measured from the top of creek bank. It is not clear from this description if that is what was used to measure the buffer. Please clarify that the 100' buffer is measured from top of bank. Buffers behind fences and vegetated with plants not appropriate for the area reduces the functional value of the buffer. At least the full buffer minimum width of 100' should be provided without obstructions and with plants that support the intended wetlands and wildlife movement corridor functions. Please provide further discussion of the adequacy of the buffer for all of the intended purposes and assure that the buffer does not include Jloodwalls, fences or other barriers and that all proposed plant material within the buffer is appropriate for this location. RESPONSE: The majority of the project site presently exists in a partially developed state, having already been rough graded pursuant to the mass grading plans approved for the Robertson Ranch East Village Master Tentative Map (CT 02-16) and analyzed by the Robertson Ranch Master Plan Environmental Impact Report (EIR 03-03). Other portions of the project site exist as previously farmed land; eucalyptus woodland; underground pipelines belonging to C.M.W.D. with easements measuring between 20 and 30 feet in width; a paved access road with access easement measuring 60 feet in width; and an existing six-foot tall masonry security wall running adjacent to the entire southern property line and belonging to Rancho Carlsbad Estates. The initial grading of the site provided a 100-foot buffer from Calavera Creek, except in areas where a buffer of a lesser width was previously approved by the Wildlife Agencies near the main project entrance at Wind Trail Way and Cannon Road. The approved grading plans for the Robertson Ranch East Village Master Tentative Map (CT 02-16) measured the 100-foot wide buffer from the northern edge of the creek channel to the closest point of development (i.e., toe of slope). At the transition of where the newly proposed pad area will extend east beyond the existing pad, this same measurement for the 100-foot buffer is being followed for approximately 25 lineal feet before the creek channel and the toe of the newly proposed slope veer away from each other providing for a buffer that is > 100 feet. RESPONSE REGARDING ROBERTSON RANCH PA 22 MND November 25, 2009 Page 3 The Preliminary Biological Assessment that was prepared for the project and referenced in the MND concluded that this portion of Calavera Creek primarily constitutes a drainage channel within an urban environment. According to the Preliminary Biological Assessment, the open water found in the creek bottom of this off-site creek channel does not support any wetland species typically associated with a freshwater stream. Winter rains scour the channel bottom periodically keeping it free of vegetation. In addition, the banks of the channel are surrounded entirely by existing urban land uses, some of which provide no substantive buffer at all along the south side of the channel, inasmuch as existing residences and their rear yards and porches are situated within five feet of the top of channel slope. Furthermore, exotic species planted and maintained as ornamental landscaping covers the sides of the channel which • are routinely maintained and managed by the Rancho Carlsbad Estates Home Owners Association. Also, as indicated in the MND and mentioned above, an existing 6-foot tall masonry block security wall for Rancho Carlsbad Estates exists along the entire length of the property [and much farther in both directions] through the middle of the buffer which separates the project from the creek channel. In addition to this wall, the area of buffer is entirely encumbered by easements for existing pipelines for C.M.W.D. and a paved access road. These existing circumstances render the subject creek area as a less- than-ideal circumstance for habitat linkage or wildlife movement. Furthermore, the Carlsbad Habitat Management Plan (HMP) does not identify any wildlife corridors through the project area or within the adjacent properties. As a result of these factors, as well as the minimal or lack thereof of any buffers on the south side, the Preliminary Biological Assessment concluded that the channel represents a marginally viable east to west movement corridor for mammals and reptiles. Nonetheless, as indicated above, the existing and proposed grading provides the necessary 100-foot wetland buffer (with exception to the reduced buffer that was previously allowed by the Wildlife Agencies), which does help to further support any possibility of an east-west corridor. The MND and Preliminary Biological'Assessment were reviewed by the United States Fish & Wildlife Service (USFWS) and the California Department of Fish & Game (CDF&G). A response of "no comment" was received from the USFWS on November 19, 2009, and no comments were received from the CDF&G. - Inadequate mitigation for CSS impacts On page 34 it is stated that there is some disturbed Coastal Sage Scrub (CSS) planted on Cannon Road right-of-way but since it is disturbed it is no longer considered sensitive and no mitigation is required. We find it hard to believe that in this area of relatively new road construction that CSS would have been planted if it was not required - and if it was required then: 1. It should have been properly restored and not be classified as "disturbed" and 2. Impacts to required mitigation does not result in reduced mitigation requirements - it increases the mitigation requirement to 5:1. Please provide further documentation for the creation, and condition of this CSS and include full mitigation for impacts to sensitive CSS habitat. RESPONSE: The MND indicates that the Cannon Road slopes contain 0.34 acres of revegetated CSS, which according to the Preliminary Biological Assessment is identified as an immature, not yet established community existing in a disturbed state due to the installation of eucalyptus as a community component. This hybrid community was indeed sprayed/planted on the slope as a drought tolerant erosion control mix, and was not required as an element of any mitigation program. This hybrid CSS community exists on a 2:1 slope below an existing 6-foot tall masonry noise wall that is supporting the existing Cannon Road Reach 3. Cannon Road Reach 3 was graded and landscaped as required for Calavera Hills Phase II, which was required to have a secondary access. Calavera Hills Phase II was the subject of the Calavera Hills Master Plan Phase II, Bridge and Thoroughfare District No. f> RESPONSE REGARDING ROBERTSON RANCH PA 22 MND November 25, 2009 Page 4 4 and Detention Basin EIR (EIR 98-02). The CSS restoration mitigation requirement for the entire project was 2.4 acres of CSS restoration. The amount of CSS restoration is small because the project also purchased the Calavera Nature Preserve, and also dedicated a significant amount of existing CSS on-site in Calavera Hills. Review of the Calavera Hills Phase II CSS Restoration Program shows that the location of the required 2.4 acres of CSS restoration occurred on the Calavera Hills Phase II graded fill slopes and was not required on any portion of the Cannon Road slopes. Restoration occurred in three locations within Calavera Hills, and is not along the slopes adjacent to Cannon Road nor is it adjacent to subject project under consideration. The hybrid CSS/eucalyptus habitat was hydroseeded on the PA 22 slope when Cannon Road and the existing noise wall were constructed for the benefit of Rancho Carlsbad Estates in 2003-04. The CSS seeds were included in the hydroseed mix as a drought-tolerant erosion control mix, and were not a mitigation requirement. Impacts to this vegetation are determined not to be a significant biological impact, and payment of a mitigation in-lieu fee for unoccupied CSS is typically required as a condition of approval. The following condition is included as part the Planning Commission Resolution associated with the recommended approval of the Tentative Tract Map (CT 09-01): This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the City has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Ele'ment of the General Plan. Developer or Developer's successor(s) in interest shall pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. The applicant shall pay habitat in-lieu mitigation fees, consistent with the City's Habitat Management Plan (HMP) and the Preliminary Biological Assessment (Planning Systems, August 10,2009), for impacts to 0.06-acres of Unoccupied Coastal Sage Scrub (Group-D Habitat), 0.36-acres of Annual Non-Native Grassland (Group-E Habitat), and .33-acres of Disturbed Lands (Group-F Habitat). If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. Please note that in addition to the condition listed above, an addendum to the MND will be included, adding the requirement to pay habitat in-lieu fees. The Mitigation Monitoring & Reporting Program will be revised to include the following measure: Prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first, the applicant shall pay habitat in-lieu mitigation fees, consistent with the City's Habitat Management Plan (HMP) and the Preliminary Biological Assessment (Planning Systems, August 10, 2009), for impacts to 0.06-acres of Unoccupied Coastal Sage Scrub (Group-D Habitat), 0.36-acres of Annual Non-Native Grassland (Group-E Habitat), and ,33-acres of Disturbed Lands (Group-F Habitat). RESPONSE REGARDING ROBERTSON RANCH PA 22 MND November 25, 2009 PageS - There is no specified mitigation measure for habitat impacts in the MMRP although they are called out in the Bio report and checklist. Page 34 lists habitat impacts and indicates that in-lieufees will be paid for .06 acres CSS, .36 acres NNG and. 33 acres disturbed lands. However mitigation for these impacts to habitat is not included as a mitigation measured in the MMRP. Please include all habitat impact mitigation in the MMRP, consistent with the HMP. RESPONSE: Please see above. - There is no mitigation for indirect impacts along the creek/wildlife movement corridor The HMP specifically identifies a number of indirect impacts from adjacent development - include lights, noise and trash control among others. There also are no hours specified for access to the RV's stored on the project site. In the absence of any restrictions this could occur 24 hours per day seven days a week. Infrequently used RV's often have maintenance issues requiring repeat engine starting and revving and testing of mechanical systems. Such activity at night could cause disturbance of the adjacent creek corridor and nearby residents. In this area next to the creek, which is called out as a local wildlife movement corridor in the MND, there should be specific inclusion of these mitigation measures. Please add the requirements to meet all of the relevant edge effect conditions of the HMP, including hours and noise restrictions and included this as a mitigation for indirect impacts in the MMRP. RESPONSE: Regarding wildlife movement corridors, the" Preliminary Biological Assessment identified Calavera Creek" as "... a stream drainage within an urban environment." To further clarify, it indicated that the "... creek is not identified as a habitat corridor in the HMP but represents a marginally viable east to west movement corridor for mammals and reptiles." As discussed above, the creek channel exists wholly within Rancho Carlsbad Estates, and is separated entirely from the proposed project by a 100-foot buffer, plus an existing 6-foot tall masonry block security wall running along the entire length of the property through the middle of the buffer, further separating the project from the creek channel. Despite the highly impaired (i.e., C.M.W.D. pipelines and paved roadway both with significant easements, along with the existing 6 foot tall masonry wall) nature of the proposed buffer area and the "marginally viable east to west corridor" as described by the Preliminary Biological Assessment, the project nonetheless, as indicated in the MND, provides for or incorporates into the project design the standard HMP requirements as they pertain to fencing, lighting, and the use of noninvasive plant species to minimize any potential edge effects. The proposed landscape plan does not utilize any invasive plant species; fencing is proposed at the top of slope to restrict trespass, noise, trash, and debris; and a lighting plan is required as a condition of approval specifically requiring that all lighting be designed to reflect downward and avoid any impacts on adjacent homes or properties. Regarding the proposed RV storage area use and its proximity to Calavera Creek. It is anticipated that the RV storage area will be used far less frequently than a typical residential unit might (i.e., the existing Rancho Carlsbad Estates directly adjacent to the creek, and/or the residential land use that was originally considered as part of the Robertson Ranch Master Plan EIR for this site). Residential uses are allowed to be active any hours of the day or night and could generally include barking dogs and cats, and even children who might view the creek as an ideal area for exploration. All of these would appear to pose more of an impact on the creek. Please note that the proposed RV storage area is setback approximately 270 feet from the creek channel. The RV storage area is surrounded entirely by an 8-foot tall barrier consisting of a 2-foot tall earthern RESPONSE REGARDING ROBERTSON RANCH PA 22 MND November 25, 2009 Paee6 berm with a 6-foot tall solid masonry wall. Beyond this is another 6-foot tall solid masonry wall, which is proposed at the top of slope between the parking lot for the office building and the creek channel, all of which will be significantly buffered by a dense canopy of trees proposed on the slope just outside this wall. Beyond this and approximately 90 feet away is an existing 6-foot tall solid masonry security wall, which further separates the proposed project from the creek channel and Rancho Carlsbad Estates. It should be noted that the following condition will be included as part the Planning Commission Resolution associated with the recommended approval of the Site Development Plan (SDP 09-01) to restrict the following activities: The RV storage area is subject to the following requirements: a. Only recreational vehicles as defined in CMC Section 21.04.298 may be stored within the recreational vehicle storage area; all stored vehicles must be in an operable condition and, if required, currently licensed. b. Permitted recreational vehicle storage shall not be utilized as a sales yard or storage for a sales yard. An occasional sale by an individual may be permitted. c. The maintenance, restoration, and/or repair of any vehicle shall not be permitted within the storage area. d. The utilization of a stored vehicle as a living unit shall not be permitted. Notwithstanding the above, we believe that adequate provisions have been incorporated in to the project design to minimize any potential edge effects in accordance with the HMP. Please note that the MND and Preliminary Biological Assessment were reviewed by the United States Fish & Wildlife Service (USFWS) and the California Department of Fish & Game (CDF&G). A response of "no comment" was received from the USFWS on November 19, 2009, and no comments were received from the CDF&G. - Landscape plan While the landscape plan requires further review and properly restricts the use of invasive plants, it still includes excessive water use and much less native planting than is warranted for this area next to a creek. The "refined" and "lush" landscaping areas constitute almost 63% of the total landscape areas - all with 10-30 inches of water a year required-for an RV parking lot. This area is behind a screening wall so it is not visible by the nearby residences or the public roadway. If any site justifies reduced landscaping and reduced water use this would certainly be it. Please re-look at the landscaping plan to reduce the amount of water use ^particularly increasing the amount of native plants. RESPONSE: The proposed conceptual landscape plans meet City of Carlsbad Landscape Manual requirements and proposes the use of reclaimed water for all landscaped areas. The plans provide (on- site) for an approximate 50-foot wide native planting area (Zone 4) along the creek and an additional approximate 20-foot wide transitional planting area (Zone 3) between the native area and parking lot wall. The transitional area includes large native screen shrubs as well as native trees, which along with the wall should provide appropriate screening and separation between the creek area and the project. It cannot be argued that further reduction in water use by specifying more drought tolerant plantings around the parking areas and building would not be a benefit; however the applicant is allowed to make RESPONSE REGARDING ROBERTSON RANCH PA 22 MND November 25, 2009 Page? appropriate design decisions that provide a balanced project design as long as the City's landscape requirements are met. While the applicant is already utilizing reclaimed water for purposes of water conservation, we would still encourage the applicant's landscape architect to review the plans as part of the final landscape and irrigation plan submittal to determine if further revisions could be made to conserve water. This could be achieved by reducing the area of Zone 1 and 2 plantings and increasing the area of Zone 3 planting. Hydrology and Water quality - FEMA flood mapping The MND text and figures are not consistent regarding the area of this project within the 100 year floodplain. This is of particular concern considering the long history offloading in this area and the past failures of storm water management plans/structures to adequately address flooding (as evidenced by the emergency dredging project from 2005 still not fully mitigated). Furthermore the city has yet to initiate the regular maintenance of the storm water system in this area and there is a current buildup of silt deposit that will further exacerbate flooding conditions. Please confirm that 100% of this proposed project is outside of the 100 year floodplain and that adequate consideration has been given to past flooding history and current conditions. RESPONSE: As stated in the MND, the Robertson Ranch Master Plan EIR noted a history of flooding in Rancho Carlsbad Estates and required construction of detention basins and modifications to the Calavera Creek stream bed to reduce flooding within this community. As a result of upstream improvements to the basin BJ outlet (limit plates installed), the construction of the 84-inch reinforced concrete pipe per the Robertson Ranch East Village Master Tentative Map (CT 02-16), and the Lake Calavera valve improvements, these resulted in flood plain modifications to the FEMA FIRM Maps. A Letter of Map Revision (LOMR) was filed resulting in updates to FEMA Map no. 06073 C 0768F (see FEMA Letter of Map Revision 09-09-0276P, effective September 8, 2009). Based on the LOMR, the developable portion of this property is located outside the 100-year regulatory floodplain, with exception to two subsurface private sewer laterals. The southerly toe of the 2:1 slope for the existing pad, constructed as a part of the mass grading for Robertson Ranch, is coincident with the north limit of the flood plain. - Excess impervious cover Other than landscaping, only two small areas of the proposed parking are proposed for permeable cover. We recognize that there are issues with leaking RV's stored for long periods of time but there are alternative pavements designs that allow for water percolation but still trap and treat pollutants. Permeable and semi permeable pavement can be used for fire trucks that weigh a lot more than most RV's. Please re-look at project site plan for more LID design including potential use of permeable and semi- permeable surfaces. RESPONSE: The Report of Rough Grading, Planning Area 22 of Robertson Ranch, East Village Carlsbad, San Diego County, California dated March 6, 2009 prepared by Geosoils, Inc. and referenced in the MND recommends that due to relatively low R-values of the soil samples obtained from the finished RESPONSE REGARDING ROBERTSON RANCH PA 22 MND November 25, 2009 Pages subgrade, water should not be allowed to penetrate street subgrades. The tentative map, in addition to the pervious pavement areas shown, includes an underground perforated storm drain system, which achieves the same purpose and intent as permeable and semi-permeable surfaces. The use and extent of permeable and semi-permeable surfaces as well as other lid features will be reviewed as part of the final design process. The City's Engineering Department has reviewed the project, along with the preliminary Storm Water Management Plan (SWMP). The preliminary SWMP does demonstrate compliance with the City of Carlsbad Standard Urban Storm water Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. Traffic - Incorrect comparison of traffic changes. The traffic study concludes no adverse traffic impacts from this project by ingeniously including two other project changes that reduced traffic to offset this change that increases it. This project site had 160 ADT in the approved EIR and now identifies 1,320 ADT from the office building alone. The traffic analysis should both re-evaluate all changes to traffic from the original approved Master Plan to what is now proposed for the entire Master Plan area and look at the specific changes for just this specific project area. The traffic study has correctly done neither of these. It has cherry picked some changes but not properly related this to either the total area or this specific site. RESPONSE: The traffic study only assumed land use changes that have been approved and [in the PA 22 case] proposed. Thus, it correctly evaluated changes in traffic from approved or known revisions only within the Robertson Ranch Master Plan. Thus this traffic report utilizes the most up-to-date, correct land use assumptions. The fact that two of the nearby planning areas have been approved at reduced development intensity since the original Master Plan allows those reduced ADT to contribute an off-set to the proposed PA 22 increase. The cumulative Year 2030 traffic comparison uses the traffic generation from the entire master plan and quantified the changes in traffic using these known revised planning area projects. - Failure to include any traffic for RV parking portion of the project. Although the majority of the project site is being used for R V parking, there is not one daily ADT identified as being associated with the RVparking. The traffic analysis for this project only shows the office building trips at 1320 per day. Does the SANDAG trip generation model include standards for RV Parking lots? If not, some other method needs to be used to account for the trips associated with this land use. RESPONSE: SANDAG does not catalog a trip generation rate specifically for RV storage facilities. The certified Robertson Ranch EER traffic study applied a trip rate which is used for household storage facilities, which typically would generate more vehicle trips, to the 2.3 acres of RV storage listed in the Master Plan. Applying that rate to the 0.8 acre RV storage facility planned for PA 22 would yield the following vehicle trips as showing in the table below: Size 0.8 Acres Trip Rate 30/Acre AM Peak Hour IN 0.03* 1 OUT 0.03* 1 PM Peak Hour IN 0.045* 1 OUT 0.045* 1 *Peak Hour % x (In & Out) Ratio RESPONSE REGARDING ROBERTSON RANCH PA 22 MND November 25, 2009 Page 9 As indicated, conservatively, the PA 22 RV storage lot would generate no more than a 24 average vehicle volume with one inbound and one outbound vehicle trip occurring during both the AM and PM peak hours. The effects of these few vehicle trips would be less than significant. It should be noted that the proposed RV storage area is a private storage facility, used solely for the benefit of the Robertson Ranch community residents, and at no time is intended to be used as a public facility. - Cumulative traffic impacts. A new high school was recently approved at College/Cannon very near this project site. Please clarify how the increased trips associated with this new high school have been assessed as part of cumulative impacts to these roadway segments and intersections and confirm that with these trips, and with added trips for the RV parking that there are no additional cumulative .traffic failures caused by the proposed project. RESPONSE: Cumulative impacts were determined by using the results of the Year 2030 SANDAG/Carlsbad Combined North County Transportation forecast, as included in the Robertson Ranch EIR traffic study. The forecast of future traffic included the assumed build out of the city of Carlsbad and included the future high school northeast of the Cannon Road/College Boulevard intersection. The PA 22 traffic study revised the cumulative volumes, which included high school traffic. Therefore the effects of high school traffic have indeed been evaluated. We thank you for providing comments on the Robertson Ranch PA 22 project and hope that we have addressed your concern. If you have any further questions, please do not hesitate to contact me at (760) 602-4643, or via email at'jason.g6ff@,carlsbadca.gov. Sincerely, JASON GOFF Associate Planner C: Paul Klukas, Planning Systems, 1530 Faraday Ave., Suite 100, Carlsbad, CA 92008 Adam Pevney, Brookfield Homes, 12865 Pointe del Mar, Suite 200, Del Mar, CA 92014-3859 Don Neu, Planning Director Chris DeCerbo, Principal Planner Glen Van Peski, Senior Civil Engineer Steve Bobbett, Associate Engineer Doug Bilse, Traffic Engineer File copy EXHIBIT "ADDM" ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION FOR ROBERTSON RANCH PA 22 GPA 09-01/ZC 09-01/MP Q2-03fBVCT 09-01/SDP Q9-01/PUD 09-01 The purpose of this Addendum to the Mitigated Negative Declaration is to describe revisions to the Mitigation Monitoring and Reporting Program associated with the Robertson Ranch PA 22 project, and to state the determination that this revision does not create any new significant environmental effects, that none of the conditions contained in Section 15162 of the California Environmental Quality. Act (CEQA) have occurred, and that a subsequent Mitigated Negative Declaration is not required. The revision contained in this addendum adds Mitigation Measure No. 6 to the Mitigation Monitoring and Reporting Program, The following mitigation measure shall apply: Prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first, the applicant shall pay habitat in- lieu mitigation fees, consistent with the City's Habitat Management Plan (HMP) and the Preliminary Biological Assessment (Planning Systems, August 10, 2009), for impacts to 0.06-acres of Unoccupied Coastal Sage Scrub (Group-D Habitat), 0.36-acres of Annual Non-Native Grassland (Group-E Habitat), and .33-acres of Disturbed Lands (Group-F Habitat). This revision is not considered substantial or significant as it relates to the environmental effects associated with the project, or the conditions contained in Section 15162 of CEQA, and a subsequent Mitigated Negative Declaration is not required. //-ZV-O9 Date: Don Neu Planning Director /•"i /•••-)u ^» , / 1 PLANNING COMMlSSiON RESOLUTION NO. 6658 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE 4 ELEMENT OF THE GENERAL PLAN TO CHANGE THE , GENERAL PLAN LAND USE DESIGNATION ON A 4.37 ACRE PARCEL IDENTIFIED IN THE ROBERTSON RANCH 6 MASTER PLAN AS PLANNING AREA 22 FROM UNPLANNED AREA (UA) TO OFFICE & RELATED 7 COMMERCIAL (O) AND OPEN SPACE (OS), AND TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION 8 ON A 2.21 ACRE WESTERLY PORTION OF THE ADJACENT 9 PARCEL, REFERRED TO IN THE MASTER PLAN AS THE "OPTION PARCEL," FROM RESIDENTIAL LOW-MEDIUM 10 DENSITY (RLM, 0-4 DU/AC) TO OFFICE & RELATED COMMERCIAL (O) AND OPEN SPACE (OS) ON PROPERTY 11 GENERALLY LOCATED SOUTH OF CANNON ROAD, EAST OF EL CAMINO REAL, AT THE SOUTHEAST CORNER OF 12 THE INTERSECTION OF WIND TRAIL WAY AND CANNON 13 ROAD, WITHIN THE ROBERTSON RANCH MASTER PLAN, IN LOCAL FACILITIES MANAGEMENT ZONE 14. 14 CASE NAME: ROBERTSON RANCH PA 22 CASE NO: GPA 09-01 15 : 16 WHEREAS, Brookfield Tamarack, LLC, "Developer," has filed a verified 17 application with the City of Carlsbad regarding property owned by Calavera Hills II, LLC, 18 "Owner," described as: 19 Lot 3 of Carlsbad Tract No. 02-16, Robertson Ranch East 20 Village, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 15608, filed in the 21 Office of the County Recorder of San Diego County, September 18, 2007; and Parcel 2 of Parcel Map No. 19804, in 22 the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, August 3, 2005 as Instrument No. 2005-0659805 of 24 Official Records 25 ("the Property"); and 2" WHEREAS, said verified application constitutes a request for a General Plan 27 Amendment as shown on Exhibit "GPA 09-01" dated December 16, 2009, attached hereto and 28 on file in the Carlsbad Planning Department, ROBERTSON RANCH PA 22 - GPA 09-01, as Y*.'; 1 provided in Government Code Section 65350 et. seq. and Section 21.52.150 of the Carlsbad 2 Municipal Code; and 3 WHEREAS, the Planning Commission did, on December 16, 2009, hold a duly 4 r noticed public hearing as prescribed by law to consider said request; and 6 WHEREAS, at said public hearing, upon hearing and considering all testimony 7 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors o relating to the General Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 10 Commission of the City of Carlsbad, as follows: 11 A) That the above recitations are true and correct. 13 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of ROBERTSON RANCH PA 22 - GPA 09- 14 01, based on the following findings: Findings; 1. The Planning Commission finds that the project, as conditioned herein, is in 17 conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated December 16,2009 including, but not limited to the following: 18 a. Land Use - The existing General Plan Land Use designation for Planning Area ' 22 is Unplanned Area (UA). The UA designation indicates areas where planning 2Q for future land uses has not be completed. The UA designation is implemented through the Planned Community (P-C) Zone, which is applied to all of the 21 properties within the Master Plan. The adjacent 5.7 acre "Option Parcel" has a General Plan Land Use designation of Residential Low-Medium Density (RLM, 22 0-4 du/ac). The proposed project involves annexing 2.21 acres of the "Option Parcel" into the boundaries of the Master Plan to create a new 6.58 acre Planning Area 22 project site. A General Plan Amendment is proposed, which 24 would modify the allowable land uses on the subject site from UA and RLM to Office & Related Commercial (O) and Open Space (OS). The OS designation 25 would be applied to a portion of the project site (Lot 4), which includes a 100 foot wetland buffer for Calavera Creek and a mature stand of existing sycamore 2" trees. The O General Plan Land Use classification designates areas that are 27 compatible with and environmentally suited for office and professional uses, as well as related commercial uses. This designation is appropriate for office uses, 28 and can function as a transitional land use between retail commercial areas and residential uses or residential neighborhoods with varying densities. The office use would allow for the development of a commercial office building, related PC RESO NO. 6658 -2- parking lot, and accessory uses, as well as an RV storage lot for the benefit of the 2 residents of the Robertson Ranch East and West Villages. Development of office type land uses in close proximity to housing implements the smart growth 3 principle of providing a balanced mix of land uses in a community, which is considered to be a critical component of achieving better places to live. By placing uses in close proximity to one another, alternatives to driving, such as - walking or biking, become more viable. The Robertson Ranch Master Plan is strong in providing a mix of housing, ample parks and open space areas, along 5 with local shopping. The O General Plan Land Use designation on this site will enhance the Master Plan one step further by providing employment 7 opportunities proximate to residential uses, and therefore a more balanced community. b. Public Safety - The project includes or has been conditioned to provide facilities to ensure that the development proposal complies with all public safety 10 requirements. c. Open Space & Conservation - The project minimizes impacts to natural resources in that no sensitive resources presently exist within the boundaries of the development. The project includes and designates as open space a 100 foot wetland buffer for Calavera Creek. The project utilizes Best Management Practices for control of storm water and to protect water quality in that, the 14 project is designed in accordance with the City's Stormwater regulations; it is conditioned to implement Best Management Practices (BMP) for water quality protection, to comply with the City of Carlsbad Standard Urban Stormwater 16 Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control Board and with the City of 17 Carlsbad Municipal Code. 18 d. Circulation - Good road design practice has been utilized to minimize the number of intersections and other conflicting traffic movements in that the project driveway for ingress and egress has been designed to align with the 2Q existing intersection at Wind Trail Way and Cannon Road in order to minimize the number of intersections and conflicting traffic movements along this 21 corridor. 22 e. Noise - An Acoustical Site Assessment was prepared for the project. Vehicle noise from Cannon Road was identified as the primary noise source affecting the project site. Through mitigation, the office building is required to provide a 24 minimum noise reduction of 13.3 dBA CNEL to comply with the City's interior Leq(h) standard of 55 dBA CNEL. Additionally, the nearest noise sensitive area 25 to the project is Rancho Carlsbad Estates, the boundaries of which are located approximately 215 feet to the south of the project site. The proposed office building is proposing a ground mounted mechanical equipment enclosure on the south side of the building. Mitigation measures prohibiting the venting of louvers on the south side of the enclosure, as well as requiring the wall height of 2g the enclosure to extend a minimum of one foot above the surface height of the mechanical equipment, together with a proposed and an existing six foot tall masonry perimeter wall at the top of slope and southern boundary of proposed PCRESONO. 6658 -3- Lot 4, will reduce noise levels below 40 dBA Leq, which is below both the City's 2 exterior 60 dBA CNEL and interior 45 dBA CNEL requirements for residential land uses. 3 2. The Planning Commission of the City of Carlsbad does hereby find: 4 a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum for 6 ROBERTSON RANCH PA 22 - GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09- 01/SDP 09-01/PUD 09-01, the environmental impacts therein identified for this 7 project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and 8 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum have been prepared in accordance with requirements of 10 the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and 11 c. it reflects the independent judgment of the Planning Commission of the City of 12 Carlsbad; and d. based on the EIA and comments thereon, there is no substantial evidence the project 14 will have a significant effect on the environment. 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 17 degree of the exaction is in rough proportionality to the impact caused by the project. Conditions; '" 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 2Q 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 21 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 22 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 24 or a successor in interest by the City's approval of this General Plan Amendment. 25 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. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 28 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. PC RESO NO. 6658 -4- 4. If any conditions for construction of any public improvements or facilities, or the 2 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 3 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. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this General Plan Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 10 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 6. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, ZC 09-01, and 14 MP 02-03(B) and is subject to all conditions contained in Planning Commission Resolutions No. 6657, 6659, and 6660 for those other approvals incorporated herein by reference. 7. Developer shall implement, or cause the implementation of, the ROBERTSON RANCH ]7 PA 22 - GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/SDP 09-01/PUD 09-01 Project Mitigation Monitoring and Reporting Program and Addendum. 18 19 NOTICE 20 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." 22 You have 90 days from date of approval to protest imposition of these fees/exactions. If you 23 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 24 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 27 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 28 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. PC RESO NO. 6658 -5- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, California, held on December 16, 2009, by the following 3 vote, to wit: 4 <- AYES: Commissioners Baker, Dominguez, Douglas, L'Heureux, Nygaard, Schumacher, and Chairperson Montgomery 6 NOES: 7 ABSENT:8 9 ABSTAIN: 10 11 12 MARTELL B. MONTGOMERY, Wfairperson 13 CARLSBAD PLANNING COMMISSION 14 |r ATTEST:15 16 17 DON NEU 18 Planning Director 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6658 -6- Exhibit "GPA 09-01' December 16, 2009 GPA 09-01 Robertson Ranch PA 22 Rancho Carlsbad Moble Home Park EXISTING Rancho Carlsbad Moble Home Park PROPOSED Related Case File No(s): GPA 09-01 / ZC 09-01 / MP 02-03(6) CT 09-01 / SDP 09-01/ PUD 09-01 General Plan Map Designation Changes A. B. Property 168-360-03 168-050-55 From: UA RLM To: 0/OS [0 / OS / RLM 1 PLANNING COMMISSION RESOLUTION NO. 6659 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM RESIDENTIAL 4 MOBILE HOME PARK (RMHP) TO PLANNED COMMUNITY (P-C) ON A 2.21 ACRE WESTERLY PORTION OF A 5.7 ACRE PARCEL GENERALLY LOCATED NORTH OF RANCHO 6 CARLSBAD ESTATES, SOUTH OF CANNON ROAD, AND EAST OF THE ROBERTSON RANCH MASTER PLAN, 7 PLANNING AREA 22, IN LOCAL FACILITIES MANAGEMENT ZONE 14. 8 CASE NAME: ROBERTSON RANCH PA 22 9 CASE NO: ZC 09-01 10 WHEREAS, Brookfield Tamarack, LLC, "Developer," has filed a verified 11 application with the City of Carlsbad regarding property owned by Calavera Hills II, LLC, 12 "Owner," described as: 13 Parcel 2 of Parcel Map No. 19804, in the City of Carlsbad, 14 County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, August 3, 2005 as 15 Instrument No. 2005-0659805 of Official Records 16 ("the property"); and 17 WHEREAS, said application constitutes a request for a Zone Change as shown 18 on Exhibit "ZC 09-01" dated December 16, 2009, attached hereto and on file in the Planning 20 Department, ROBERTSON RANCH PA 22 - ZC 09-01, as provided by Chapter 21.52 of the 21 Carlsbad Municipal Code; and 22 WHEREAS, the proposed Zone Change is set forth in the draft City Council 23 Ordinance, Exhibit "X" dated, December 16, 2009, and attached hereto ROBERTSON 24 RANCH PA 22 - ZC 09-01; and 25 WHEREAS, the Planning Commission did on December 16, 2009, hold a duly 26 ~7 noticed public hearing as prescribed by law to consider said request; and 28 WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the Zone Change. 4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning g Commission as follows: 7 A) That the foregoing recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Commission 9 RECOMMENDS APPROVAL of ROBERTSON RANCH PA 22 - ZC 09-01, based on the following findings: 10 Findings: 11 1. That the proposed Zone Change from Residential Mobile Home Park (RMHP) to Planned Community (P-C) is consistent with the goals and policies of the various 13 elements of the General Plan, in that in order to incorporate the 2.21 acres into the Robertson Ranch Master Plan a rezone to P-C must first occur. The Robertson 14 Ranch Master, which was adopted November 14, 2006, provides the method for the orderly implementation of the General Plan. The Robertson Ranch Master Plan 15 was found to be consistent with the goals and policies of the various elements of the ,., General Plan.16 17 2. That the Zone Change will provide consistency between the General Plan and Zoning as mandated by California state law and the City of Carlsbad General Plan Land Use 18 Element, in that the P-C Zone designation shown on Exhibit "ZC 09-01" attached hereto, as applied through the Robertson Ranch Master Plan (MP 02-03(6)) implements the proposed Office & Related Commercial (O) General Plan land use 2Q designation. 21 3. That the Zone Change is consistent with the public convenience, necessity, and general welfare, and is consistent with sound planning principles in that the P-C Zone, as 22 applied through the Robertson Ranch Master Plan (MP 02-03(B)), provides for the orderly implementation of the General Plan. 24 4. The Planning Commission of the City of Carlsbad does hereby find: 25 a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum for 26 ROBERTSON RANCH PA 22 - GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09- 27 01/SDP 09-01/PUD 09-01, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the 28 project; and PC RESO NO. 6659 -2- b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 2 Program and Addendum have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the 3 Environmental Protection Procedures of the City of Carlsbad; and . c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and 5 d. based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 7 . The Planning Commission has reviewed each of the exactions imposed on the Developer ° contained in this resolution, and hereby finds, in this case, that the exactions are imposed n 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. 10 Conditions; 11 . 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 13 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 14 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 Zone Change. 17 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 1 8 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 occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 21 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 22 . If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project 24 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 25 invalid unless the City Council determines that the project without the condition complies with all requirements of law.26 Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and 28 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 Zone Change, (b) City's PC RESO NO. 6659 -3- \0o approval or issuance of any permit or action, whether discretionary or nondiscretionary, 2 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 3 liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 6. This approval is granted subject to the approval of the Mitigated Negative Declaration 6 and Mitigation Monitoring and Reporting Program and Addendum, GPA 09-01, and MP 02-03(B) and is subject to all conditions contained in Planning Commission 7 Resolutions No. 6657, 6658, and 6660 for those other approvals incorporated herein by reference.8 9 7. Developer shall implement, or cause the implementation of, the ROBERTSON RANCH PA 22 - GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/SDP 09-01/PUD 09-01 Project 10 Mitigation Monitoring and Reporting Program and Addendum. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 12 Commission of the City of Carlsbad, held on December 16, 2009, by the following vote, to wit: 13 AYES: Commissioners Baker, Dominguez, Douglas, L'Heureux, Nygaard, 14 Schumacher, and Chairperson Montgomery 15 NOES: 16 ABSENT: 17 ABSTAIN: 18" 19 20 21 MARTELL B. MONTGOMERY^hairperson CARLSBAD PLANNING COMMISSION '22 " 23 ATTEST: 24" 25 28 &L\ s bu 26 DON NEU 27 Planning Director PC RESO NO. 6659 -4- Exhibit "ZC 09-01" December 16, 2009 ZC 09-01 Robertson Ranch PA 22 _--^— ^'"— m „ ••.— - ,' .i«.. H"' * -^fe; EXISTING Rancho Carlsbad Moble Home Park PROPOSED Related Case File No(s): GF'A 09-01 / ZC 09-01 / MP 02-03(B) CT 09-01 / SDP 09-01/ PUD 09-01 Zoning Designation Changes Property A.1 168-050-55 From: RMHP To: P-C / RMHP 1 PLANNING COMMISSION RESOLUTION NO. 6660 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MASTER PLAN AMENDMENT FOR 4 PROPERTY GENERALLY LOCATED IN PLANNING AREA 5 22 OF THE ROBERTSON RANCH MASTER PLAN AND A 2.21 ACRE WESTERLY PORTION OF THE 5.7 ACRE 6 ADJACENT PROPERTY REFERRED TO IN THE MASTER PLAN AS THE "OPTION PARCEL" LOCATED SOUTHEAST 7 OF THE INTERSECTION OF WIND TRAIL WAY AND „ CANNON ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 14. 9 CASE NAME: ROBERTSON RANCH PA 22 CASE NO: MP 02-03(6) 10 WHEREAS, Brookfield Tamarack, LLC, "Developer," has filed a verified 12 application with the City of Carlsbad regarding property owned by Calavera Hills II, LLC, 13 "Owner," described as: 14 Lot 3 of Carlsbad Tract No. 02-16, Robertson Ranch East Village, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 15608, filed in the 16 Office of the County Recorder of San Diego County, September 18, 2007; and Parcel 2 of Parcel Map No. 19804, in 17 the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego 18 County, August 3, 2005 as Instrument No. 2005-0659805 of i o Official Records 20 ("the Property"); and 21 WHEREAS, said verified application constitutes a request for a Master Plan 2?Amendment as shown on Exhibit "X" dated December 16, 2009, on file in the Carlsbad 23 Planning Department, ROBERTSON RANCH PA 22 - MP 02-03(8), as provided by MP 02- 24 03(A) and Chapter 21.38 of the Carlsbad Municipal Code; and „, WHEREAS, the Planning Commission did, on December 16, 2009, consider said 27 request; and 28 ... WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the Master Plan Amendment; and 4 WHEREAS, on November 14, 2006, the City Council approved, MP 02-03, as 6 described and conditioned in Planning Commission Resolution No. 6106 and City Council 7 Ordinance NS-822; and amended MP 02-03(A) most recently on December 2, 2008 as o described and conditioned in Planning Commission Resolution No. 6490 and City Council 9 Ordinance CS-020. 10 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 13 A) That the foregoing recitations are true and correct. 14 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of ROBERTSON RANCH PA 22 - MP 02- 03(B) based on the following findings and subject to the following conditions: Findings: 17 1. The Planning Commission finds that the project, as conditioned herein, is in conformance 8 with the Elements of the City's General Plan, based on the facts set forth in the staff report dated December 16, 2009 including, but not limited to the following: 20 a> Land Use - The existing General Plan Land Use designation for Planning Area 22 is Unplanned Area (UA). The UA designation indicates areas where planning 21 for future land uses has not be completed. The UA designation is implemented through the Planned Community (P-C) Zone, which is applied to all of the properties within the Master Plan. The adjacent 5.7 acre "Option Parcel" has a General Plan Land Use designation of Residential Low-Medium Density (RLM, 0-4 du/ac). The proposed project involves annexing 2.21 acres of the "Option 24 Parcel" into the boundaries of the Master Plan to create a new 6.58 acre Planning Area 22 project site. A General Plan Amendment is proposed, which 25 would modify the allowable land uses on the subject site from UA and RLM to Office & Related Commercial (O) and Open Space (OS). The OS designation would be applied to a portion of the project site (Lot 4), which includes a 100 27 foot wetland buffer for Calavera Creek and a mature stand of existing sycamore trees. The O General Plan Land Use classification designates areas that are 28 compatible with and environmentally suited for office and professional uses, as well as related commercial uses. This designation is appropriate for office uses, and can function as a transitional land use between retail commercial areas and PC RESO NO. 6660 -2- residential uses or residential neighborhoods with varying densities. The office 2 use would allow for the development of a commercial office building, related parking lot, and accessory uses, as well as an RV storage lot for the benefit of the 3 residents of the Robertson Ranch East and West Villages. Development of office type land uses in close proximity to housing, implements the smart growth principle of providing a balanced mix of land uses in a community, which is , considered to be a critical component of achieving better places to live. By placing uses in close proximity to one another, alternatives to driving, such as 6 walking or biking, become more viable. The Robertson Ranch Master Plan is strong in providing a mix of housing, ample parks and open space areas, along 7 with local shopping. The O General Plan Land Use designation on this site will enhance the Master Plan one step further by providing employment opportunities proximate to residential uses, and therefore a more balanced o community. 10 b. Public Safety - The project includes or has been conditioned to provide facilities to ensure that the development proposal complies with all public safety requirements. 12 Open Space & Conservation - The project minimizes impacts to natural resources 13 in that no sensitive resources presently exist within the boundaries of the development. The project includes and designates as open space a 100 foot 14 wetland buffer for Calavera Creek. The project utilizes Best Management Practices for control of storm water and to protect water quality in that, the project is designed in accordance with the City's Stormwater regulations; it is ., conditioned to implement Best Management Practices (BMP) for water quality protection, to comply with the City of Carlsbad Standard Urban Stormwater 17 Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control Board and with the City of Carlsbad Municipal Code. 19 Circulation - Good road design practice has been utilized to minimize the 2Q number of intersections and other conflicting traffic movements in that the project driveway for ingress and egress has been designed to align with the 21 existing intersection at Wind Trail Way and Cannon Road in order to minimize the number of intersections and conflicting traffic movements along this 22 corridor. 23 Noise - An Acoustical Site Assessment was prepared for the project. Vehicle 24 noise from Cannon Road was identified as the primary noise source affecting the project site. Through mitigation, the office building is required to provide a 25 minimum noise reduction of 13.3 dBA CNEL to comply with the City's interior Leq(h) standard of 55 dBA CNEL. Additionally, the nearest noise sensitive area to the project is Rancho Carlsbad Estates, the boundaries of which are located 27 approximately 215 feet to the south of the project site. The proposed office building is proposing a ground mounted mechanical equipment enclosure on the 28 south side of the building. Mitigation measures prohibiting the venting of louvers on the south side of the enclosure, as well as requiring the wall height of the enclosure to extend a minimum of one foot above the surface height of the PC RESO NO. 6660 -3- mechanical equipment, together with a proposed and an existing six foot tall 2 masonry perimeter wall at the top of slope and southern boundary of proposed Lot 4, will reduce noise levels below 40 dBA Leq, which is below both the City's 3 exterior 60 dBA CNEL and interior 45 dBA CNEL requirements for residential land uses.4 , 2. That all necessary public facilities can be provided concurrent with need, and adequate provisions have been provided to implement those portions of the Capital Improvement 6 Program applicable to the subject property, in that the Master Plan includes conditions requiring the completion of infrastructure identified in the Local Facilities 7 Management Plan (LFMP) for Zone 14 and in accordance with a financing plan approved by the City Council for LFMP Zone 14.8 0 3. That in the case of institutional, recreational, and other similar nonresidential uses, such development will be proposed, and surrounding areas are protected from any adverse 10 effects from such development, in that the project design complies with the development standards of the Office "O" Zone and all required public facilities and 1 services will be provided. The proposed office building and RV storage area are situated on the site so as to minimize their impacts on the surrounding areas to the maximum extent possible. The proposed office building and RV storage area have 13 been situated as far away as possible from the adjacent Rancho Carlsbad Estates, >250 feet to the south of the project site, and the developed multi-family apartment 14 complex and undeveloped residential courtyard homes, approximately >200 ft. to the north across Cannon Road. Extensive screening along the southern boundary of the development site, consisting of dense mature landscaping and decorative ., masonry walls, have been included into the site design in order to minimize potential visual impacts and noise nuisance impacts on adjacent properties. The RV storage 17 area is situated approximately nine feet below the elevation of Cannon Road and is screened on all sides by a minimum two foot high earthen berm combined with a six 18 foot high decorative masonry screen wall set on top. Increased building setbacks and parking lot setbacks have been applied to the site area in order to compensate for the additional 8.5 feet of building height. All required setbacks are adequately 2Q landscaped. The office buildings architecture complies with the Robertson Ranch Master Plan Design Guidelines and will compliment the architectural environment 21 of the Robertson Ranch Master Plan. The project provides good road design by minimizing the number of intersections and other conflicting traffic movements and minimizes project access to one location at the existing signalized intersection of Wind Trail Way and Cannon Road; provides mitigation measures to protect neighboring properties from noise; and includes a 100-foot buffer area from 24 sensitive environmental areas (i.e., Calavera Creek). 25 4. That the streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon, in that Cannon Road will provide access to the site and is adequate to handle all the traffic (1,320 average daily trips) generated by the office 27 use and RV storage area. 28 PC RESO NO. 6660 -4- 5. The Planning Commission of the City of Carlsbad does hereby find: 2 it has reviewed, analyzed, and considered the Mitigated Negative Declaration and 3 Mitigation Monitoring and Reporting Program and Addendum for ROBERTSON RANCH PA 22 - GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09- 4 01/SDP 09-01/PUD 09-01, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and 6 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 7 Program and Addendum have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and 9 c. it reflects the independent judgment of the Planning Commission of the City of 1 0 Carlsbad; and d. based on the El A and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 13 6. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed 14 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. , s Conditions; 17 1 . Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Master Plan document(s) necessary to make them internally 1 8 consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 20 2. Prior to the issuance of any permits for the project, the applicant shall submit to the 21 Planning Director a digital copy and a camera-ready master copy of the ROBERTSON RANCH MASTER PLAN - MP 02-03(B), in addition to the required 22 number of bound copies. 23 3. Developer shall implement, or cause the implementation of, the ROBERTSON RANCH 24 PA 22 - GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/SDP 09-01/PUD 09-01 Project Mitigation Monitoring and Reporting Program and Addendum. 25 This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, GPA 09-01, 2? ZC 09-01, CT 09-01, SDP 09-01, and PUD 09-01 and is subject to all conditions contained in Planning Commission Resolutions No. 6657, 6658, 6659, 6661, 6662, and 28 6663 for those other approvals incorporated herein by reference. PC RESO NO. 6660 -5- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on December 16, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Dominguez, Douglas, L'Heureux, Nygaard, Schumacher, and Chairperson Montgomery MARTELTB. MONTG CARLSBAD PLANNIN ATTEST: icrson 'ION DON NEU Planning Director PC RESO NO. 6660 -6- Exhibit "MP 02-03(8)" November 16, 2009 ROBERTSON RANCH MASTER PLAN PROPOSED MASTER PLAN AMENDMENT PLANNING AREA 22 Proposed Revised Pages Robertson Ranch I. INTRODUCTION East Village Land Uses The Architectural Design Guidelines are intended to evoke a rural atmosphere by utilizing the architectural elements consistent with both traditional European and related early California design. The Landscape Design Guidelines establish the project's character and provide thematic continuity throughout the entire community. Through the thematic blending of hardscape and planting elements, the landscape plan helps create a strong "sense of identity." Elements of the landscape theme include appropriately landscaped common areas and landscape materials identified with rural communities, including river rock, stone, clusters and groves of trees, wood materials, earth-tone colors, and a diversity of materials. The 178.6-acre East Village provides 469 dwelling units including four single-family residential Planning Areas consisting of three planning areas totaling 304 dwelling units on 5,000 square-foot lots2 and one planning area consisting of 87 courtyard homes, in addition to a multifamily neighborhood composed of 78 units. The affordable units for the East Village will be accommodated in the multifamily neighborhood. The majority of the East Village single-family neighborhoods will utilize a grid-pattern of streets, resulting in a high degree of internal connectivity, in conformance with the Ahwahnee Principles. The nonresidential portion of the East Village includes 3.6 acres (3.3 net acres) of the 10.4-acre elementary school site, 2.0 net acres of the required Community Recreation facilities within a centrally-located community park site, and approximately 16.5 acres of roads. The East Village also provides approximately 72.4 acres of open space, mostly located within the wildlife corridor, as well as recreation and circulation trails to encourage alternative transportation methods, in conformance with the Ahwahnee Principles. Planning Area 22, located south of Cannon Road between Street "A" and Street "O" within the East Village, shall be designated for office use and a permanent RV storage facility for the Robertson Ranch Master Plan, as an "Unplanned Area." with tho intent that final land uso designations will be determined upon tho completion of a comprehensive study for Planning Aroa 22 and the adjacent "Option Parcel." Until a permanent use for Planning 22 is identified, Planning Area 22 may be used as a temporary RV storage facility for tho East Village, subject to the approval of a Conditional Use Permit. Permanent future land uses for Planning Area 22 shall be compatible with the surrounding neighborhood and tho adjacent "Option Parcel," and will bo subject to tho approval of a Master Plan Amendment (pursuant to Section V.E of this Master Plan), as well as any other discretionary actions doomed necessary based on the proposed land uses. The 3.5§r^-acre "Option Parcel" located between Planning Areas 22 and 23F is expected to be purchased either by the City or by the Rancho Carlsbad Homeowners' Association (RCHOA) for use as an RV Storage Facility/Community Garden. In the event that the Option Parcel is not purchased for this use, then a Major Master Plan Amendment may be processed to include the Option Parcel within the Master Plan, pursuant to Section V.E of this Master Plan: Ultimate land uses would be determined during the Master Plan Amendment process. 2 Within Planning Area 18, a minimum lot size of 4,500 square feet is permitted for those lots which abut Cannon Road. Robertson Ranch Master Plan Page 1-17 November 11.2006August 10. 2009 LEGEND RLM Low Medium Density (0-4 DU/AC) RM Medium Density (4-8 DU/AC) RMH Medium High Density (8-15 DU/AC) RH High Density (15-23 DU/AC) E Elementary School ©L Community Facility/Local Shopping Center OS Open Space UA Un-Planned Area O Office OS Robertson Ranch FIGURE NO. II-1 AMENDED GENERAL PLAN LAND USE MAP MASTER PLAN,PAGE II-7 LEGEND R-1-7,500 R-1-10,000 RD-M CL/CF L-C OS OS (CR) OS(P) O One Family Residential Zone - 7,500 SF Lot Size One Family Residential Zone -10.000 SF Lot Size Residential Density - Multiple Zone Local Shopping Center/ Community Facility Limited Control Open Space Open Space (Community Recreation) Open Space (PanX) Office OS Robertson Ranch FIGURE NO. II-3 UNDERLYING MASTER PLAN ZONE DESIGNATIONS MASTER PLAN.PAGE II-10 PA 13/PA 14 Alternative Use PA 2RV Sloragc NOTES • ALTERNATIVE USES AVAILABLE - SEE TEXT " SEE TEXT FOR DISCUSSION Robertson Ranch FIGURE NO. 11-4 AMENDED GENERAL PLAN LAND USE MAP MASTER PLAN.PAGE 11-12 Robertson Ranch II. DETAILED PLAN DESCRIPTION Land Use Overlay" (herein, "Interim Land Use Overlay") until such a time that the "Final Land Uses" depicted on Figure 11-4, Master Plan Land Use Plan, are implemented. Figure 11-5, Interim Land Use Overlay, depicts the portions of the West Village that are affected by the Interim Land Use Overlay. The purpose of the Interim Land Use Overlay is to allow for the immediate development of portions of the Master Plan, while allowing agricultural and open space uses to continue during the interim period. During the interim period, only the multifamily uses within Planning Area 1, the RV Storage Facility within Planning Area 2, the multifamily housing in Planning Areas 7 and 8, the Community Facilities/Commercial Village Center in Planning Area 11, the community park site within Planning Area 12, and the Elementary School in Planning Area 13 may be implemented. As indicated on Figure 11-5, the remaining portions of the West Village that are not already designated for open space are designated with the "Interim Land Use Overlay." As described in further detail in Section III, DEVELOPMENT AND REGULATORY PROVISIONS, the uses allowed by the Interim Land Use Overlay shall be limited to agricultural or open space uses, and shall be consistent with resource agency requirements. Prior to implementation of the West Village uses depicted on Figure 11-4, a "Focused Master Plan Amendment," as described in Section V. Master Plan Implementation Measures, shall be approved in order to remove the Interim Land Use Overlay from any West Village planning area(s) affected by such an amendment. Until a Focused Master Plan Amendment for any West Village planning area(s) has been approved, the land uses approved with the adoption of this Master Plan shall consist of the RV Storage Facility in Planning Area 2, multifamily homes in Planning Areas 7 and 8, the Community Facility/Commercial Village Center, the park site within the West Village, the Elementary School, and all the land uses within the East Village, as described below. 3. East Village Land Uses The East Village land uses are not affected by the "Interim Land Use Overlay" designation, and a Focused Master Plan Amendment will not be necessary for the proposed East Village planning areas. However, a Major Master Plan Amendment would be required to incorporate the Option Parcel into the Master Plan Boundaries, in accordance with Sections Il.F and V.E of this Master Plan. Residential land uses within the East Village include a maximum of 469 dwelling units, composed of 391 single family residential dwelling units including 304 single family units on 5,000 square foot lots2 and 87 courtyard homes. Additionally, 78 multifamily units would be provided (including the required number of "affordable" units). Nonresidential land uses proposed for the East Village include 3.3 net acres of elementary school uses, 2.0 acres of community recreation, 5.43 acres of office use and RV storage lot and 73.555r4 acres of natural and re-vegetated open space. An additional 1.3 aoros within tho East Village arc reserved as an Unplanned Area (i.e., Planning Area 22), and a Master Plan Amendment would bo required in the future to identify specific uses for this planning area, in accordance with Master Plan Section YT& 4. West Village Land Uses Upon approval of a "Focused Master Plan Amendment," the Interim Land Use Overlay, as depicted on Figure 11-5, will be removed from any West Village planning area(s) affected by such an amendment, and the "Final Land Uses" depicted on Figure 11 -4 may be implemented. Within Planning Area 18, a minimum lot size of 4,500 s.f. is permitted for those lots which abut Cannon Road. Robertson Ranch Master Plan Page 11-15 November 11. 2006August 10.2009 LEGEND LZZ] CD O Open Space Park Community Recreation Areas to be Developed Regional Trail Connection/ Trailhead proposed and w subject to the n nall-lol planned de-velopment PA 18 22.2 Gross AC.21.3 Ncl AC.!.2 DU/AC.llODu's4.500 5.000 S.F. UK POTENTIAL LOCATION FOR FUTURE CITY-WIDE TRAIL POTENTIAL LOCATION FOR REGIONAL TRAIL CONNECTION/ TRAILHEAD PA23F2.3 Gross AC.Open Space FUTURE CITY-WIDE TRAIL PA 4 1.1 Gross AC1.0 Net AC.Community Recreation PA 23G..I Gross ACOpen Space PA 19 VOTES: ' ALTERNATIVE USES AVAILABLE - SEE TEXT * SEE TEXT FOR DISCUSSION Robertson Ranch FIGURE NO. II-6 OPEN SPACE PLAN AND RECREATION PLAN MASTER PLAN.PAGE 11-23 UTILITY TOWERS £L CAMINO REAL GRADING fSLOPE RESTORED TO DCSS) City of Carlsbad Habitat Management Plan - Zone 14 HMP Hardline Map - September 15, 2004 with Tamarack Connection Modifications Master Plan Land Use Plan Overlay - April 20, 2007mini IIUON HUM;ii a A Robertson Ranch FIGURE NO. Il-8 HMP HARDLINE MAP MASTER PLAN.PAGE 11-25 Robertson Ranch II. DETAILED PLAN DESCRIPTION in the East Village and may include active recreation facilities as well as passive recreation areas, including open turf play area, basket ball court, shuttle board, horse shoes, barbcque area, picnic tables, bench seating, and a periphery decomposed granite trail. Community recreation facilities as required by the Planned Development Ordinance also will be provided within the West Village of the Master Plan. As indicated in Table 11-1, the West Village of the Master Plan will exceed the community recreation requirements for the neighborhoods within the West Village with the provision of up to 3.45 net acres of community recreation facilities. Community recreation facilities within the West Village include a minimum 1.0 net acre community recreation facility within Planning Area 4. In addition, at least 10,000 square feet of community recreation area will be provided within each single-family Planning Area that is subject to the PDO, while no less than 100 square feet per unit of community recreation area will be provided within each multifamily neighborhood. The community recreation facilities within Planning Area 4 shall include passive and active facilities and shall include tables and benches and/or outdoor seating areas. The exact size and location of all of the required recreation areas shall be determined at the time of tentative map or development plan approval for each Planning Area. 1. RV Storage Section 21.45.060 of the Carlsbad Municipal Code (General Requirements for Planned Development) requires that a minimum of 20 square feet of RV Storage Area be provided for each dwelling unit in a planned development (note that rental apartment tHHteprojects.-aH^ standard single family lots, and projects located within the RMH and RH land use designation are not required to provide included in the RV Storage and therefore have not been included in the RV Storage Calculation). Of the total project dwelling units, a maximum of 320449 of the dwelling units located in the East Village and 232594 of the units on the West Village of the Robertson Ranch Master Plan are subject to Section 21.45.060, which results in a total maximum requirement of approximately 0.2549 acre, excluding drive lanes, for the Master Plan. Planning Area 22 located in the EastWest Village, within the physical boundaries of Planning Area 3^-is intended to meet the RV Storage requirements of Section 21.45.060 for the entire Master Plan. Tho sizo of Planning Area 22 will contain an RV storage lot that is a minimum of 11,040 square feet (approximately 0.25 acres) in size, be identified in the future upon proooosing of a Special Use Permit and Planned Development Permit, and shall include a minimum of 0.19 acre, in addition to any required drive lanes. It is anticipated that Planning Area 22, RV Storage, will be developed in conjunction with development of the East Village. Robertson Ranch Master Plan Page 11-30 November 11. 2006August 10. 2009 Robertson Ranch II. DETAILED PLAN DESCRIPTION In the ovont that Planning Area 2 is not constructed concurrent with tho residential neighborhoods of the East Village, a temporary RV Storage Facility may bo provided within any single family neighborhood of the East Village, or in another location acceptable to the City, subject to approval of a Conditional Use Although it is intended that Planning Area 22 accommodate the entire RV storage obligation for the Master Plan area. Planning Area 2 in the West Village allows for RV storage also. Table II-l Community Recreation Requirements PLANNING AREA DWELLING UNITS' TOTAL COMMUNITY RECREATION REQUIRED 2'3'7 MINIMUM ON-SITE COMMUNITY RECREATION AREA REQUIREMENT2'4'7 REMAINING COMMUNITY RECREATION REQUIREMENT2'5 TOTAL COMMUNITY RECREATION AREA REQUIRED BY MASTER PLAN2'7 WEST VILLAGE 1 3 4 6 1 8 10 Total West Village8: 27 82 -- 61 201 186 37 594 5,400 s.f. " 16,400 s.f. — 12,200 s.f. 30, 150 s.f. 27,900 s.f 7,400 s.f. 99,450 net s.f. (2.28 net acres) 10,000 s.f.6' ^ 10,000 s.f. N/A 10,000 s.f. 20, 100 s.f 18,600 s.f.' 10,000 s.f. 78,700 net s.f. (1.81 net acres) Os.f. 6,400 s.f. N/A 2,200 s.f. 10,050 s.f. 9,300 s.f. Os.f. 27,950 net s.f. (0.64 net acres) 10,000 s.f. 16,400 s.f. 43,560 s.f.5 12,200 s.f. 30, 150 s.f. 27,900 s.f. 10,000s.f. 150,210 net s.f. (3.45 net acres) EAST VILLAGE 15 16 17 18 19 21 Total East Village8: 78 85 109 110 — 87 469 11, 700 s.f. 17,000 s.f. 2 1,800 s.f. 22,000 s.f. — 17,400 s.f. 89,900 net s.f. (2.06 net acres) 7,800 s.f.' 10,000 s.f. 10,000 s.f. 10,000 s.f. N/A 10,000 s.f. 47,800 net s.f. (1.10 net acres) 3,900 s.f. 7,000 s.f. 11, 800 s.f. 12,000 s.f. N/A 7,400 s.f. 42,100 net s.f. (0.97 net acres) 11, 700 s.f. 17,000 s.f. 2 1,800 s.f. 22,000 s.f. 43,560 s.f.5 17,400 s.f. 133,460 net s.f. (3.06 net acres) Robertson Ranch Master Plan November 14. 2006Iuly 1. 2009 Page 11-31 Robertson Ranch II. DETAILED PLAN DESCRIPTION 1. Dwelling Units shown reflect those Planning Areas subject to community recreation requirements. 2. Values depicted are net square footage, as required by the Planned Development Ordinance, based on 200 square feet/unit for single- family and courtyard residential Planning Areas and 150 s.f/unit for multifamily Planning Areas. 3. A minimum of 75% of the total community recreation requirement shall be provided as active recreation areas. 4. In no case shall less than 10,000 square feel of community recreation area be provided within any courtyard residential or single-family Planning Area subject to the PDO, nor shall less than 100 square feet of community recreation space per dwelling unit be provided within any multifamily Planning Area. 5 Any area provided in Planning Areas 4 or 19 in excess of the Base Master Plan Community Recreation Requirement of 1.0 net acre per Village may be applied toward the Remaining Community Recreation Requirement. Alternatively, the Remaining Community Recreation Requirement may be met on-site within the Planning Area. 6. In the event that Planning Area 1 is developed with for-rent multifamily units, then the total community recreation requirement shall consist only of 100 square feet of community recreation space per unit to be provided on-site within the planning area. 7. This table assumes all units within these planning areas will be for-sale units and will be subject to the PDO (except where modified by this Master Plan), However, Multifamily rental units are not subject to the PDO and different recreation standards apply (refer to Master Plan Section Ill.A for a detailed description of the community recreation requirements that apply to each planning area). For multifamily rental units, only the Minimum On-Site Community Recreation Area Requirement (i.e., 100 square feet per unit) shall apply. 8. In the event that the alternative land uses identified for Planning Areas 13 and 14 are implemented, then the required recreation acreage shall be increased accordingly. In addition, Planning Area 22 (Unplanned Area) may be used as a temporary RV storage facility for tho East Villogo until an appropriate pormanont use for Planning Area 22 is identified. Development of a temporary RV storage facility in Planning Area 22 is subject to tho approval of a Conditional Uso Permit. RV storage shall be subject to the development standards of the Carlsbad Municipal Code Sec. 21.42.140.B.120. RV Storage shall be provided concurrent with the occupancy for residential (for sale) neighborhoods. 2. Water Quality Facility Planning Area 20 is designated as a 2.9-acre Water Quality Facility designed to control storm water runoff volume and quality. Storm water traversing Planning Areas 14, 15, 16, 17, 18, 19, 21, and 22 will be directed to Planning Area 20, where the water will be bio-treated in accordance with best management practices for storm water management. 3. Roadways The Robertson Ranch Master Plan will require the construction of approximately 10.9 acres of roadways to provide access within the community. An additional 12.8 acres of roadways within the Robertson Ranch Master Plan boundaries (Cannon Road and College Boulevard) have been completed pursuant to the development requirements of the approved Calavera Hills Master Plan located adjacent to the north. The Robertson Ranch Master Plan will be responsible for completing the construction of the outside lanes, medians and final landscaping for these two General Plan roadways. The on-site project network of roadways will account for less than 3 percent of the total project area. The on-site traffic will be conveyed by a hierarchical circulation system, which ranges in right-of- way widths from 96 feet (Street "Z") to 56 feet (cul-de-sacs), and shall be designed to comply with City Standards. The precise design and alignment of project roadways will be delineated by tentative tract maps, which shall be subject to review and approval by the City of Carlsbad. Robertson Ranch Master Plan Page 11-32 November 11. 2006July 1. 2009 Robertson Ranch II. DETAILED PLAN DESCRIPTION Improvements to El Camino Real shall be made as part of the Robertson Ranch Master Plan West Village development, including a third lane and right turn pocket onto Tamarack Avenue. Outside lanes, medians and final landscaping shall be constructed on Cannon Road and College Boulevard as part of East and West Village development. F. General Provisions 4. Growth Management The Robertson Ranch Master Plan shall comply with all provisions of the Carlsbad Municipal Code, Section 21.90 (Growth Management Program). The Master Plan developer or the developer of any portion of the Master Plan, by pulling building permits pursuant to the Master Plan and the Local Facilities Management Plan (LFMP) (as amended) and the Finance Plan (as amended), agrees that all of the dedication and other public facility requirements imposed as a condition of the Zone 14 LFMP (as amended) and the Finance Plan (as amended), are reasonably necessary to serve the needs of the development for which the building permits are required. (The rest of this page left blank.) Robertson Ranch Master Plan November H. 2006luly 1.2009 Page 11-3200 7?. Robertson Ranch II. DETAILED PLAN DESCRIPTION regardless of the above density transfer provisions except as otherwise provided by Chapter 21.86 of the Carlsbad Municipal Code. • Only those Planning Areas that are designated for residential use by this Master Plan may receive transferred units, including Planning Area II. • If units are transferred between Villages, then the affordable housing obligation and recreation requirements for each Village shall be revised accordingly. • As discussed in Section V, MASTER PLAN IMPLEMENTATION MEASURES, a Minor Master Plan Amendment shall be required for each proposed transfer of density of 10 percent or less within the Master Plan and a Major Master Plan Amendment shall be required for density transfers exceeding 10 percent. 4. Option Parcel Approximately 3_.5&3 acres of land located between Planning Areas 22 and 23F is proposed to be purchased by the Rancho Carlsbad Homeowners' Association (RCHOA) for use as an RV Storage Facility/Community Garden. In the event that the Option Parcel is not acquired by the RCHOA for this purpose, then the Option Parcel may be incorporated into the Master Plan through a Major Master Plan Amendment (refer to Section V), in which case the Master Plan acreage shall increase to 403.7 acres. 5. Unplanned ArcaPA 22 Offices/RV Storage Planning Area 22 shall be designated as an "Unplanned Office/RV Storage Area" in the Master Plan^_ with-tho intent that final Land Use designations will be determined upon the completion of a comprehensive' land use study for Planning Area 22 and the adjacent "Option Parcel." Future land uses shall be subject to approval of a Master Plan Amendment and any other discretionary applications doomed necessary based on the proposed land uses. Any future development proposals for Planning Area 22 and the adjooent "Option Parcel" shall take the following into consideration: a)—Lino of sight from Ranoho Carlsbad to the proposed development; b)—Hours of operation of any proposed use; c) Noiso and light mitigation from the proposed project; and d)—Site designs that reduce landform alteration, where feasible, and minimize the removal of healthy mature trees. It is intended that PA 22 provide permanent RV Storage to accommodate the requirement for both the East Village and the West village. This requirement shall not preclude the use of Planning Area 22 as a temporary RV storage facility for the East Village, subject to the approval of a Conditional Use Permit. It shall also not preclude the option of the West Village developer providing separate RV Storage facilities within PA 2. 6. Recordation Notice of the approval of the Robertson Ranch Master Plan by the City Council of the City of Carlsbad shall be recorded with the County of San Diego Recorders Office. 7. Non-Vesting of Rights Master development plans shall be evaluated in accordance with Municipal Ordinances and Policies in force at the time said plans are before the Planning Robertson Ranch Master Plan Page 11-34 November 14. 2006August 10. 2009 III. DEVELOPMENT AND Robertson Ranch REGULATORY PROVISIONS s) Planning Area 2 - RV Storage - Site Zoning Regulations and Criteria (see Figure III-l, Planning Areas 1 and 2) Description Planning Area 2 will be developed as a Recreation Vehicle (RV) Storage facility and will be located within the physical boundaries of Planning Area 1. The total acreage provided for Planning Area 2 is to be determined, and may be located within Planning Area 1, subject to the approval of a Special Use Permit and a Planned Development Permit. This RV facility will satisfy the RV storage requirements for Planning Areas subject to the City's Planned Development Ordinance which requires 20 square feet of RV storage area per residential unit. It is anticipated that approximately 0.49 acre, exclusive of driveways and circulation, are required for the entire Master Plan. It should be noted that if the alternative land uses identified for Planning Areas 13 and 14 are implemented, then the required acreage for RV Storage within the Master Plan would increase to 0.51 acre. Access to Planning Area 2 will be identified at the time of application for a Planned Development Permit and Special Use Permit as required to develop the site for RV Storage. The final calculation of required RV parking area for the Master Plan shall be determined at the tentative map stage for the West Village. The required Site Development Plan and Special Use Permit for Planning Area 2 may be submitted alone or in association with the Planned Unit Development Permits of any Planning Area within the Master Plan. Note: As an option, the developer of the West Village may utilize PA 22 to accommodate the West Village RV Storage requirement, (subject to approval of a Master Plan amendment to eliminate the RV Storage use on PA 2). Implementation of Master Plan Vision and Goals The purpose of this Planning Area, including its design standards and allowed uses, is to provide for RV storage and parking for all properties within the Robertson Ranch Master Plan that will be for-sale units - whether single family detached units, or condominiums. This planning area complies with the Ahwahnee Principles by providing the community with a need for storage that is well screened from public view so as to not detract from the overall attractiveness of the Village. Planning Area 2 will be located so that it is well screened from surrounding views. Final Land Use Regulations • General Plan Land Use Designation: RV (Medium Density, 4-8 du/ac) • Underlying Zone Designation: RD-M (Residential Density-Multiple) • RV storage, washing and a dump station area shall be permitted within Planning Area 2, in accordance with applicable local or state law. • Buildings which are incidental to the RV Storage Facility also are permitted, and may include the provision of a mobile home or small office for a full-time on-site manager. Product Type Not Applicable. Robertson Ranch Master Plan Page 111-10 November M. 2006August 10,2009 III. DEVELOPMENT AND Robertson Ranch _ REGULATORY PROVISIONS s) Planning Area 22 - Unplanned ArcaOffice and RV Storage - Site Zoning Regulations and Criteria (see Figure III- 18, Planning Area 22) Description Planning Area 22 consists of approximately 4.3 gross acres and is provided access via a local street extending from the intersection of Street 'A' and Cannon Road. Planning Area 22 is designated as an "Unplanned Area" in the Master Plan. The? final land use designation for Planning Area 22 will be determined upon the completion of a comprehensive land use study to determine appropriate uses for Planning Area 22 and the adjacent "Option Parcel." Development of Planning Area 22 will require approval of a Master Plan Amendment as well as anhy other discretionary permit doomed necessary based on the proposed land uses. Any future development proposals for PA 22 shall take into consideration the following- • Lino of sight from Ranoho Carlsbad to the proposed development; * Hours of operation of any proposed uses; * Noise and light mitigation from the proposed project; and • Site designs that reduce landform alteration, where feasible, and reduce the - removal of healthy mature trees. Prior to the adoption of a final land use designation, Planning Area 22 may be developed as a temporary RV storage facility for the East Village, subject to approval of a Conditional Use Description Planning Area 22 consists of approximately 6.58 gross acres and is provided access via a local street or driveway extending from the intersection of Street "A" and Cannon Road. Planning Area 22 is designated for Office and RV storage lot uses. Implementation of Master Plan Vision and Goals Once a permanent land use for Planning Area 22 has been approved, the site shall be designated in a manner cinsistent with the Master Plan Vision and Goals and the Ahwahnee Principles. Implementation of Master Plan Vision and Goals Planning Areas 22 shall be designed in a manner consistent with the Master Plan Vision and Goals and the Ahwahneee Principles. Planning Area 22 shall accommodate all of the RV storage required for the Master Plan as required pursuant to Section 2 1 .45.060 of the Carlsbad Municipal Code. Robertson Ranch Master Plan Page III-105 November 14. 2006August 10. 2009 J*». Land Use Regulations • Gonoral Plan Land Use Designation: UA (Unplonnod Area) • Dwelling Unit Allocation: Q «—Density: All of the allowable residential density for PA 22 and the Option Parcel has been allocated to other planning areas within the East Village. • Underlying Zone Designation: PA 22: P C (Planned Community) "Option Parcel": L-C (Limited Control) Land Use Regulations General Plan Land Use Designation - O (Office and Related Commercial) Underlying Zone Designation - O (Office - Chap. 21.27) Allowed Uses - Permitted and conditional uses shall be those identified in the O Zone (Carlsbad Municipal Code 21.27.020). Required Development Permits • Conditional Uso Permit (for temporary RV storage) • Master Plan Amendment • Zone change (to change "Option Parcel" from L C to P-C) • -Any-other discretionary permit doomed necessary based on the proposed use. Required Development Permits • Site Development Plan permit for site plan approval. Any other discretionary permit deemed necessary based on the proposed use. Development Standards • Development standards for Planning Area 22 shall bo identified as part of the Master Plan Amendment required for tho development of Planning Area 22. Development Standards » Development of Planning Area 22 shall comply with all applicable regulations and development standards of the Carlsbad Municipal Code, including zoning standards for the O Zone (21.27). except as modified by the Robertson Ranch Master Plan. • Development of PA 22 shall take into consideration the following: * Line of sight from Rancho Carlsbad to the proposed development; * Hours of operation of any proposed uses: • Noise and light mitigation from the proposed project: and • Site designs that reduce landform alteration, where feasible, and reduce the removal of healthy mature trees. • RV Storage shall be subject to the development standards of the Carlsbad Municipal Code Sec. 21.42.140.B.120. * The RV Storage Facility will be developed in accordance with the Planned Development Ordinance requirements (Carlsbad Municipal Code Section 21.45.060). The following table is a breakdown of all Planning Areas that will be provided with RV Storage facilities, as well as the maximum amount of storage required for each area. Robertson Ranch Master Plan Page 111-106 November H. 2006Julv 1. 2009 \l RV Storage Facility Requirements West Village Planning Area 1 3 6 10 13 TOTAL Units 27 82 61 37 25 232 20sfper Unit 540 1640 1220 740 500 4640 East Village Planning Area 14 16 17 18 Units 16 85 109 110 320 20 sf per Unit 320 1700 2180 2200 6400 GRAND TOTAL UNITS GRAND TOTAL RV STORAGE AREA 552 11,040 Minimum Lot Size Minimum lot size requirements, if any, will bo identified as part of the future Master Plan Amendment to identify specific uses for the planning area. Minimum Lot Dimensions Minimum lot dimensions, if any, will bo identified as part of the future Master Plan Amendment to identify specific uses for the planning area. Setbacks Setback requirements for PA 22 will bo identified as part of tho future Master Plan Amendment to identify specific uses for the planning area. Special Design Criteria Special design criteria applicable to PA 22 will bo idontificd-as-part of the future Master Plan Amendment and will be based on the land use identified for the planning area. 1. The existing grove of sycamore trees shall be preserved. 2. A minimum wetland buffer of 100 feet shall be provided from all identified wetland areas unless a reduced buffer is agreed to by the Wildlife Agencies. Robertson Ranch Master Plan November I A. 2006August 10. 2009 Page III- 106(a) KEY MAP LEGEND _ _ OPTIONAL COMMUNITY THEME WALL/ NOISE WALL (See figures 111-60 S 111-61) ——— EXISTING BLOCK WALL «• ••"• ••• MULTI-USE DG. TRAIL — STRUCTURE SETBACK NEW BUS STOP (See figure III-5B)o PA 22 RV STORAGE/ OFFICE & RELATED USES 6.58 Gross Acres 40' STRUCTURE SETBACK (20' MINIMUM LANDSCAPE BUFFER) I— EXISTING 20' ACCESS ROAD/ SEWER LINE EASEMENT RANCHO CARLSBADMOBILE HOME PARK Robertson Ranch Figure No. 111-18 PLANNING AREA 22 MASTER PLAN.Page III-107 III. DEVELOPMENT AND Robertson Ranch REGULATORY PROVISIONS Planning Area 22A - 23GF Site - Open Space - Site Zoning Regulations and Criteria (see Figure 111-19, Planning Areas 23A - 23GF) Description A total of approximately 'H2.5143.6 acres are designated as open space within Planning Areas 23A through 23GF- which, except for Planning Area 23F (2.3 acres) and 23G (1.1 acres) would be preserved within the HMP Open Space Preserve Area. Due to the historic agricultural use, the project site currently consists of a mixture of vegetation types with predominantly agricultural, ornamental or native vegetation. Areas of preserved natural vegetation will consist of a minimum of 67 percent of the site's Diegan coastal sage scrub along the higher elevations and canyon sides with riparian habitat preserved along Calavera Creek and within the canyon bottoms. Portions of Planning Area 23 E have been re-vegetated and restored as wetland habitat as part of the mitigation plan for the College Boulevard and Cannon Road construction. PA 23E may, in the future, also contain a Regional Trail Connection Trailhead and parking area, if implemented by the City. In addition to preserved open space areas, Planning Areas 23A-E will contain Re-vegetated manufactured slopes. No Fuel Modification areas are included within the hardline inside Planning Area 23 A-F. Where required, Fuel Modification areas are located within the development areas of adjacent Planning Areas. Implementation of Master Plan Vision and Goals The open space provided by the Robertson Ranch Master Plan implements the Linkage "B" wildlife corridor envisioned by the City of Carlsbad adopted Habitat Management Plan (HMP). The project applicant has negotiated an HMP "hardline" preserve design (Figure II-8, HMP Hardline Map) with the Wildlife Agencies. In accordance with the adopted HMP goals and planning standards, this "Hardline Map" will preserve, enhance, or revegetate a minimum of 67 percent of the site's native Diegan coastal sage scrub habitat. Within limited portions of the open space areas, a trail system (illustrated in Figure 111-58, Pedestrian Circulation Plan) links the open space with the residential, commercial, and recreational components of the community. The trail system accommodates pedestrians and bicyclists. However, access to the natural open space areas shall be restricted through trail design. The trail system includes decomposed granite trails located adjacent to the preserved open space along the edge of perimeter roads which will allow for future connections with adjacent off- site trails, as indicated in the City's Master trails plan. Where trails are adjacent to these open space areas, non-combustible fencing will be used. Fencing types for use on project trails are illustrated in Figure 111-60, Conceptual Theme Walls and Fence Detail, and Figure 111-61, Fence and Wall Plan Robertson Ranch Master Plan Page III-108 November 11. 2006August 10. 2009 III. DEVELOPMENT AND Robertson Ranch REGULATORY PROVISIONS Interim Land Use Regulations (Planning Areas 23A and 23B Only) • Agricultural uses, as defined by Chapter 21.07 of the Carlsbad Municipal Code, are permitted, subject to the requirements of Chapter 21.07. This Master Plan does not allow any other development within these Planning Areas other than slope grading for adjacent development, roads, trails, and public utilities within designated utility corridors. Final Land Use Regulations • General Plan Land Use Designation - OS (Open Space) • Underlying Zone Designation — OS (Open Space) • Natural and Re-vegetated Open Space Trails and maintenance roads Required Development Permits Focused Master Plan Amendment (PA 23A and B) • Special Use Permit (flood plain) (PA 23C, EJi and GF) Special Design Criteria 1. Disturbance into these Planning Areas arising from construction activities required to support development of adjacent Planning Areas shall be avoided to the maximum extent possible during and after construction. 2. Restoration plans for Open Space Areas within the PIMP Hardline shall be subject to review by the appropriate wildlife agencies. 3. Grading for the portion of Planning Area 23C adjacent to Planning Area 11 shall consist of a 5:1 re-vegetated manufactured slope, consistent with the Conceptual Grading Plan, as depicted on Figure 11-10, and the Landscape Guidelines presented in Section Ill.b of this Master Plan. Pedestrian trails shall be constructed concurrently with the grading and restoration of Planning Area 23C. 4. Planning Area 23A: If retaining walls are required along El Camino Real, such walls shall be designed to resemble natural rock or bluff face. 5. Planning Area 23E: The Regional Trailhead (which shall be developed by the City and is not a part of this Master Plan) shall be located within PA 23E only if it is determined by the City not to be feasible to locate a Regional Trailhead within the Carlsbad Unified School District lands adjacent to the northeast. In the event the Regional Trailhead is located within PA 23E, the trailhead would have the following limitations: • Be designed for no more than ten cars; • Be located at least 100 feet from riparian/wetland vegetation; • Be at least 500 feet away from the wetland mitigation are; • Fenced, gated, and posted with usage restrictions; • Unpaved with no lighting; • Constructed of a temporary design which could be moved to another location should such a location become available, as on the CUSD property; Robertson Ranch Master Plan Page III-109 November 1-1. 2006August 10. 2009 III. DEVELOPMENT AND Robertson Ranch REGULATORY PROVISIONS • The detention basin will not be maintained, vegetation in the detention basin will be maximized, and the inlet will be cleaned as needed; and • Mitigation for impacts from the parking lot will occur on-site. The creek crossing would impact less than 0.25 acre of land and would entail a bridge that spans the 100-year flood level. 6. Maintenance of open space areas shall be the responsibility of the following: • Open Space within the boundaries of the Hardline Areas shall be the responsibility of an organization with expertise in the management of natural open space preserves; • Open space within the boundaries of Planning Area 23F shall be the responsibility of RCHOA; • The Regional Trailhead, if constructed, shall be maintained by the City of Carlsbad. • Maintenance of trails within PA 23 open space shall be as shown on Figure HI-58, Pedestrian Circulation Plan. ' Maintenance of PA 23G shall be the responsibility of the owner of PA 22. unless otherwise approved by the City of Carlsbad. Robertson Ranch Master Plan Page III-110 November 14.2006August 10.2009 LEGEND LIMITS OF HMP HARDLINE MAP BOUNDARY BRUSH MANAGEMENT PER HMP HARDLINE PERIMETER ROAD' 60' SETBACK FROM NATIVE AREAS TO COMBUSTIBLE STRUCTURES 2 LIMITS OF DISTURBANCE PA23A OPEN SPACE 24.3 Acres PA23B OPEN SPACE 9.2 Acres PA23C OPEN SPACE 36.6 Acres PA23D OPEN SPACE 30.4 Acres PA23E OPEN SPACE 39.7 Acres PA23F OPEN SPACE 23 Acres PA23G OPEN SPACE 1.1 Acres Notes:1. Fuel modification is provided by perimeter road. 2. Fuel modification is provided by sufficient buMing setback. POTENTIAL LOCATION FOR REGIONAL TRAIL CONNECTION/ TRAILHEAD PA23F CITY-WIDE RECREATIONAL TRAIL (CITY MAINTAINED) SPECIAL LANDSCAPE DESIGN AT INTERSECTION OK CIRCULATION ELEMENT ROADWAYS Robertson Ranch FIGURE NO. 111-19 PLANNING AREA 23A THROUGH 23G MASTER PLAN,PAGE Ill-Ill PLANNING COMMISSION RESOLUTION NO. 6661 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT CT 09-01 TO 3 SUBDIVIDE 10.07 ACRES INTO FOUR LOTS WITH 49 AIRSPACE CONDOMINIUM OFFICE UNITS ON PROPERTY 4 GENERALLY LOCATED SOUTH OF CANNON ROAD, EAST 5 OF EL CAMINO REAL, AT THE SOUTHEAST CORNER OF THE INTERSECTION OF WIND TRAIL WAY AND CANNON 6 ROAD, WITHIN THE ROBERTSON RANCH MASTER PLAN, PLANNING AREA 22 AND THE "OPTION PARCEL," IN 7 LOCAL FACILITIES MANAGEMENT ZONE 14. CASE NAME: ROBERTSON RANCH PA 22 8 CASE NO.: CT 09-01 9 WHEREAS, Brookfield Tamarack, LLC, "Developer," has filed a verified 10 application with the City of Carlsbad regarding property owned by Calavera Hills II, LLC, 12 "Owner," described as: 13 Lot 3 of Carlsbad Tract No. 02-16, Robertson Ranch East Village, in the City of Carlsbad, County of San Diego, State of 14 California, according to Map thereof No. 15608, filed in the Office of the County Recorder of San Diego County, September 18, 2007; and Parcel 2 of Parcel Map No. 19804, in ] 5 the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego 17 County, August 3, 2005 as Instrument No. 2005-0659805 of Official Records18 19 ("the Property"); and 20 WHEREAS, said verified application constitutes a request for a Tentative Tract 21 Map as shown on Exhibits "A" - "T" dated December 16, 2009, on file in the Planning 22 Department ROBERTSON RANCH PA 22 - CT 09-01, as provided by Chapter 20.12 of the 23 Carlsbad Municipal Code; and 24 WHEREAS, the Planning Commission did, on December 16, 2009, hold a duly 26 noticed public hearing as prescribed by law to consider said request; and 27 WHEREAS, at said public hearing, upon hearing and considering all testimony 28 and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. 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 ROBERTSON RANCH PA 22 - CT 09-01, 6 based on the following findings and subject to the following conditions: 7 Findings; ° 1. That the proposed map and the proposed design and improvement of the subdivision as Q conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State 10 Subdivision Map Act, and will not cause serious public health problems, in that the project implements the goals and policies of the General Plan as discussed in the 11 staff report; is consistent with all the minimum requirements of Titles 20 and 21 governing lot size and configurations; and the project has been designed to comply with all applicable City Regulations, including the Robertson Ranch Master Plan. 2. That the proposed project is compatible with the surrounding future land uses since 14 surrounding properties are designated for residential and open space development on the General Plan, and the proposed Office and Related Commercial (O) and Open 15 Space (OS) Land Use designations and RV storage area are considered compatible , , land use designations and uses.16 17 3. That the site is physically suitable for the type and intensity of the development since the site is adequate in size and shape to accommodate the office and RV storage area 18 development at the intensity proposed, in that the project complies with all development standards and public facilities requirements without the need for 19 variances from any of the development standards. 90 4. That the design of the subdivision or the type of improvements will not conflict with 2j easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in 22 that concurrent with recordation of the final map, the developer will vacate and adjust any easements that conflict with the proposed development. 23 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 25 6. That the design of the subdivision and improvements are not likely to cause substantial 26 environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the project site is extensively disturbed and is identified in the HMP as 27 a "Development Area" with no adjacent HMP "Hardline" boundaries. According to the Robertson Ranch Master Plan EIR and the subsequent Preliminary Biological Assessment that was prepared on the project, the site does not support any riparian, aquatic or wetland habitat, or any other sensitive natural communities. Calavera PCRESONO. 6661 -2- Creek is located off site and adjacent to the project's southerly boundary within 2 Rancho Carlsbad Estates. According to the Preliminary Biological Assessment, the open water found in the creek bottom of this off-site creek channel does not support 3 any wetland species typically associated with a freshwater stream. Winter rains scour the channel bottom periodically keeping it free of vegetation, while the creek 4 banks and adjacent flat bench are planted with ornamentals and maintained c regularly by the Rancho Carlsbad HOA. Therefore, the northern edge of the channel bottom (the edge of Open Water) represents the wetland feature most 6 proximate to the proposed project boundaries. Pursuant to the HMP conservation standards, a 100-foot buffer is required from all wetlands, which this project 7 incorporates by design. Best Management Practices (BMPs), as required by the Storm Water Management Plan, contains adequate measures that will preclude significant sediment runoff from the site. The project will implement erosion 9 control measures to avoid pollution and sedimentation of important water resources and the loss of vegetative resources from sloped areas by incorporation of such 10 features as silt fences, brow ditches where needed and desiltation basins. Furthermore, it should be noted that there is an existing six-foot tall masonry wall belonging to Rancho Carlsbad Estates and located on the north side of the creek , ~ channel further separating this project from the creek channel. 13 7. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has 14 been designed in accordance with City's Stormwater regulations. It has been conditioned to implement Best Management Practices for water quality protection, to comply with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control Board and with the City of Carlsbad Municipal 17 Code. 18 g. 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 August 5,2009 including, but not limited to the following: 20 a. Land Use - The existing General Plan Land Use designation for Planning Area 21 22 is Unplanned Area (UA). The UA designation indicates areas where planning for future land uses has not be completed. The UA designation is implemented through the Planned Community (P-C) Zone, which is applied to all of the 23 properties within the Master Plan. The adjacent 5.7 acre "Option Parcel" has a General Plan Land Use designation of Residential Low-Medium Density (RLM, 24 0-4 du/ac). The proposed project involves annexing 2.21 acres of the "Option Parcel" into the boundaries of the Master Plan to create a new 6.58 acre Planning Area 22 project site. A General Plan Amendment is proposed, which would modify the allowable land uses on the subject site from UA and RLM to Office & Related Commercial (O) and Open Space (OS). The OS designation 27 would be applied to a portion of the project site (Lot 4), which includes a 100 foot wetland buffer for Calavera Creek and a mature stand of existing sycamore 28 trees. The O General Plan Land Use classification designates areas that are compatible with and environmentally suited for office and professional uses, as PCRESONO. 6661 -3- well as related commercial uses. This designation is appropriate for office uses, 2 and can function as a transitional land use between retail commercial areas and residential uses or residential neighborhoods with varying densities. The office 3 use would allow for the development of a commercial office building, related parking lot, and accessory uses, as well as an RV storage lot for the benefit of the residents of the Robertson Ranch East and West Villages. Development of office <- type land uses in close proximity to housing implements the smart growth principle of providing a balanced mix of land uses in a community, which is 6 considered to be a critical component of achieving better places to live. By placing uses in close proximity to one another, alternatives to driving, such as 7 walking or biking, become more viable. The Robertson Ranch Master Plan is strong in providing a mix of housing, ample parks and open space areas, along with local shopping. The O General Plan Land Use designation on this site will 9 enhance the Master Plan one step further by providing employment opportunities proximate to residential use,, and therefore a more balanced 10 community. '' b. Public Safety - The project includes or has been conditioned to provide facilities to ensure that the development proposal complies with all public safety requirements. 13 Open Space & Conservation - The project minimizes impacts to natural resources 14 in that no sensitive resources presently exist within the boundaries of the development. The project includes and designates as open space a 100 foot wetland buffer for Calavera Creek. The project utilizes Best Management Practices for control of storm water and to protect water quality in that, the project is designed in accordance with the City's Stormwater regulations; it is 17 conditioned to implement Best Management Practices (BMP) for water quality protection, to comply with the City of Carlsbad Standard Urban Stormwater 18 Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region I o of the California Regional Water Quality Control Board and with the City of Carlsbad Municipal Code. 20 d. Circulation - Good road design practice has been utilized to minimize the 21 number of intersections and other conflicting traffic movements in that the ~~ project driveway for ingress and egress has been designed to align with the existing intersection at Wind Trail Way and Cannon Road in order to minimize 23 the number of intersections and conflicting traffic movements along this corridor. 24 . Noise - An Acoustical Site Assessment was prepared for the project. Vehicle noise from Cannon Road was identified as the primary noise source affecting the 25 project site. Through mitigation, the office building is required to provide a minimum noise reduction of 13.3 dBA CNEL to comply with the City's interior 27 Leq(h) standard of 55 dBA CNEL. Additionally, the nearest noise sensitive area to the project is Rancho Carlsbad Estates, the boundaries of which are located approximately 215 feet to the south of the project site. The proposed office building is proposing a ground mounted mechanical equipment enclosure on the PC RESO NO. 6661 -4- south side of the -building. Mitigation measures prohibiting the venting of 2 louvers on the south side of the enclosure, as well as requiring the wall height of the enclosure to extend a minimum of one foot above the surface height of the 3 mechanical equipment, together with a proposed and an existing six foot tall masonry perimeter wall at the top of slope and southern boundary of proposed Lot 4, will reduce noise levels below 40 dBA Leq, which is below both the City's exterior 60 dBA CNEL and interior 45 dBA CNEL requirements for residential land uses. 6 9. The project is consistent with the Citywide Facilities and Improvements Plan, the Local 7 Facilities Management Plan for Zone 14 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection 9 and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the 10 project will be installed to serve new development prior to or concurrent with need. 10. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to 13 Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 14 11. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 14. 16 12. That all necessary public facilities required by the Growth Management Ordinance will 17 be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards. 13. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and 20 implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while 21 continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by the Open Space and Conservation Element of the City's General Plan which provides for 23 the realization of the social, economic, aesthetic and environmental benefits from the preservation of open space within an increasingly urban environment. Moreover, each 24 new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on all new development within the City is essential to fund implementation of the City's Habitat Management Plan. 14. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section IB). 28 PCRESONO. 6661 -5- f r- 15. The Planning Commission of the City of Carlsbad does hereby find: 2 a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and 3 Mitigation Monitoring and Reporting Program and Addendum for ROBERTSON RANCH PA 22 - GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09- 4 01/SDP 09-01/PUD 09-01, the environmental impacts therein identified for this 5 project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and 6 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting ' Program and Addendum have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and 9 c. it reflects the independent judgment of the Planning Commission of the City of 10 Carlsbad; and d. based on the EIA and comments thereon, there is no substantial evidence the project 12 will have a significant effect on the environment. 13 16. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed 14 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 16 Conditions; 17 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a grading permit, recordation of a final map or issuance of a building permit, 18 whichever occurs first. 19 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 20 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 21 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 23 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 24 or a successor in interest by the City's approval of this Tentative Tract Map. 2-> 2. Staff is authorized and directed to make, or require the Developer to make, all corrections ~, and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development 27 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 28 PCRESONO. 6661 -6- 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 2 regulations in effect at the time of building permit issuance. 3 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are ^ challenged, this approval shall be suspended as provided in Government Code Section 5 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 6 all requirements of law. 7 5. Developer shall implement, or cause the implementation of, the ROBERTSON RANCH PA 22 - GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/SDP 09-01/PUD 09-01 Project Mitigation Monitoring and Reporting Program and Addendum. 9 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 10 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 12 or indirectly, from (a) City's approval and issuance of this Tentative Tract Map, (b) City's approval or issuance of any permit or action, whether discretionary or 13 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 14 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 15 approval is not validated. 17 7. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the (Tentative Tract Map, Site Plan & Grading Plans) reflecting the conditions approved by the final decision-making body. 19 8. Prior to the issuance of a building permit, the Developer shall provide proof to the 20 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 21 ~~ 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 14 Local Facilities Management Plan and any amendments made to 23 that Plan prior to the recordation of the Final Map. 24 10. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, GPA 09-01, ZC 09-01, MP 02-03(8), SDP 09-01, and PUD 09-01 and is subject to all conditions 26 contained in Planning Commission Resolutions No. 6657, 6658, 6659, 6660, 6662, and 6663 for those other approvals incorporated herein by reference. 27 11. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the PC RESO NO. 6661 -7- time of the application for the building permit, and that water and sewer capacity and 2 facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 3 12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 14, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. Q 13. Developer shall report, in writing, to the Planning Director within 30 days, any address 9 change from that which is shown on the permit application. 10 14. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested , 2 parties and successors in interest that the City of Carlsbad has issued a(n) Tentative Tract Map, Site Development Plan, and Non-Residential Planned Development 13 Permit by Resolution(s) No. 6661, 6662, and 6663 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete 14 project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 17 15. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as jo shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 20 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 21 landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 23 17. Prior to occupancy, the Developer shall submit to the Planning Director a recorded copy of the Condominium Plan filed with the Department of Real Estate which is in 24 conformance with the City-approved documents and exhibits. 25 18. Developer shall establish an owner's association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. The CC&Rs shall adequately address the 27 maintenance of all common landscape areas, employee eating areas, and paved access and parking areas. Prior to recordation of the Final Map the Developer shall provide the Planning Department with a draft copy of the CC&Rs. The approved PCRESONO. 6661 -8- CC&Rs shall be recorded concurrently with the Final Map. At a minimum, the 2 CC&Rs shall contain the following provisions: 3 a. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment. A copy of any proposed amendment shall be provided to the 6 City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. Failure of Association to Maintain Common Area Lots and Easements. In the event 9 that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article , Section the 10 City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with 12 particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the 13 giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the 14 period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. 16 Special Assessments Levied by the City. In the event the City has performed the 17 necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in 20 full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and 21 payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount 23 equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or 24 in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment ^ against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special 27 assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot 28 and to bring all legal actions and/or to pursue lien foreclosure procedures against any PC RESO NO. 6661 -9- Owner and his/her respective Lot for purposes of collecting such special assessment 2 in accordance with the procedures set forth in Article of this Declaration. 3 e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit f. The location and size of all employee eating areas, parking areas, and landscaped areas shall not be altered, reduced, fenced, or divided to preclude the equal use by all owners/employees of the site. g. Provisions for the maintenance of Open Space Lot 4. o 19. A joint use parking agreement shall be submitted for review and approval by the 9 Planning Director, City Engineer, and City Attorney. The agreement shall provide for the following: 10 a. The sharing in perpetuity of all parking and access aisles/driveways onsite, and ' between all the uses proposed for the project. 12 b. The agreement shall not be modified without the prior written approval of the 13 Planning Director, City Engineer, and City Attorney. 14 c. A copy of the joint use parking agreement shall be recorded in the Office of the County Recorder and copies filed with the Planning Director concurrently with the recordation of the Final Map. 16 20. The location and size of all employee eating areas, parking and landscaped areas 17 shall not be altered, reduced, fenced, or divided to preclude the equal use by all owners/employees of the site. i o 21. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits 20 to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu 21 Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the City has 23 determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the 24 General Plan. Developer or Developer's successor(s) in interest shall pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. The applicant shall pay habitat in-lieu mitigation fees, consistent with the City's Habitat Management Plan (HMP) and the Preliminary Biological Assessment (Planning Systems, August 10, 2009), for impacts to 0.06-acres of 27 Unoccupied Coastal Sage Scrub (Group-D Habitat), 0.36-acres of Annual Non- Native Grassland (Group-E Habitat), and .33-acres of Disturbed Lands (Group-F Habitat). If the In-lieu Mitigation Fee for this project is not paid, this project will not be PCRESONO. 6661 -10- \< consistent with the Habitat Management Plan and the General Plan and any and all 2 approvals for this project shall become null and void. 3 22. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view below the parapet height and sound buffered from adjacent properties and streets consistent with Building Department Policy No. 80-6, and to the , satisfaction of the Directors of Community Development and Planning. 6 23. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal 7 Code Chapter 21.105. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. 9 24. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. 10 When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. 25. Developer shall submit and obtain Planning Director approval of an exterior lighting plan 13 including parking areas and the RV storage lot. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 14 Engineering; 16 Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed subdivision, must be met prior to approval of a final map, building or grading 17 permit whichever occurs first. 18 General 19 26. Prior to hauling dirt or construction materials to or from any proposed construction site 20 within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 21 27. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has 23 determined that adequate water and sewer facilities are available at the time of permit issuance. 24 28. Developer shall submit to the City Engineer an acceptable instrument, via CC&R's and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private streets, driveways, utilities, sidewalks, landscaping street/driveway/parking area lighting 27 enhanced pavement, low impact development features, storm drain and facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. PC RESO NO. 6661 -11- 29. There shall be one Final Map recorded for this project. 2 30. Developer shall install sight distance corridors at all street intersections and driveways in 3 accordance with City Engineering Standards. 4 31. Prior to approval of Improvement Plans, Grading Plans or Final Map, Developer shall c submit to the City Engineer written approval from North County Transit District (NCTD) demonstrating mass-transit improvement requirements for this project have been 6 satisfied. 7 Fees/Agreements o 32. Developer shall cause property owner to execute and submit to the City Engineer for 9 recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 10 33. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement. , 2 34. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City standard Permanent Stormwater Quality Best 13 Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent 14 Best Management Practices prior to the issuance of a grading permit or building permit, or the recordation of a final) map, whichever occurs first for this Project. 16 35. Developer shall cause property owner to apply for, execute, and submit, to the City Engineer for recordation, an Encroachment Agreement covering private sewer laterals 17 located under, and across proposed public right-of-way or easements as shown on the tentative map. Developer shall pay processing fees per the City's latest fee schedule.18 jg 36. Developer shall cause property owner to apply for and complete a Change and Modification of Assessment District 2003-01 Proceedings. The proceedings shall 20 include the preparation of an Amended and Restated Engineers Report. Developer shall fund all associated costs of the proceedings. The application and initial deposit 21 shall be submitted to the Deputy City Engineer, Planning and Programs, with the application for the final map. 23 37. Developer shall cause property owner to apply for and obtain apportionment of the assessments imposed on the subject property as established subsequent to the 24 completion of the Change and Modification Proceedings and in accordance with the law governing the associated Assessment District 2003-01 (College Boulevard and Cannon Road East), or the assessments must be paid in full. Developer shall pay all 26 associated costs of said apportionment. The application shall be submitted to the Deputy City Engineer, Planning and Programs, with the application for the final 27 map. 28 38. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping District No. 2 (SL&LD #2). Prior to approval of any grading, building permits or final PCRESONO. 6661 -12- map for this project, Developer shall cause Owner to execute an Agreement to annex the 2 subject property into City of SL&LD #2. The Agreement shall be in a form approved by the Assistant City Finance Director. Developer shall pay all fees necessary to annex the 3 property into SL&LD #2. ^ Grading 39. Based upon a review of the proposed grading and the grading quantities shown on the 6 tentative map, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports, for City Engineer review, and shall pay all 7 applicable grading plan review fees per the City's latest fee schedule. g 40. Developer shall apply for and obtain a grading permit from the City Engineer. Developer 9 shall pay all applicable grading permit fees per the City's latest fee schedule and shall post security per City Code requirements. 10 41. This project may require off site grading over a portion of Lot 7, Map 15608. No 11 grading for private improvements shall' occur outside the project unless Developer , - obtains, records, and submits a recorded copy, to the City Engineer, a temporary grading, construction or slope easement or agreement from the owners of the affected properties. 13 If Developer is unable to obtain the temporary grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain 14 an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance and/or consistency determination from both the City Engineer and Planning Director. 16 42. Developer shall comply with the City's Stormwater Regulations, latest version, and shall 17 implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent ' silt runoff during construction, general housekeeping practices, pollution prevention and ,Q educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or 20 stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 21 43. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer receipt of a Notice of Intention from the State Water Resources Control Board. 23 44. Prior to the issuance of grading permit or building permit, whichever occurs first, 24 Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements 25 and provisions established by the San Diego Region of the California Regional Water 26 Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant 27 runoff during construction of the project. 28 45. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban PCRESONO. 6661 -13- Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego 2 Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code all to the satisfaction of the City Engineer. 3 46. Developer shall incorporate Low Impact Development (LID) design techniques, on all final design plans submitted to the City, to reduce the amount of run-off by mimicking ,- the natural hydrologic function of the site by preserving natural open-spaces and natural drainage channels, minimizing impervious surfaces, promoting infiltration and 6 evaporation of run-off before run-off leaves the site. Developer shall incorporate LID techniques using current County of San Diego Low Impact Development Handbook 7 (Stormwater Management Strategies). LID techniques include, but are not limited to: vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants. 9 47. Developer shall submit documentation, subject to City Engineer approval, demonstrating 10 how this project complies with Interim Hydromodification requirements per the City's SUSMP, latest version. Documentation shall be included within the Storm Water Management Plan (SWMP). 12 Dedications/Improvements 13 48. Developer shall cause Owner to submit to the City Engineer for recordation a covenant of 14 easement for private sewer purposes as shown on the. Developer shall pay processing fees per the City's latest fee schedule. 49. Developer shall cause Owner to dedicate to the City and/or other appropriate entities for public utility purposes as shown on the tentative map. The offer shall be made by a 17 certificate on the final map. All land so offered shall be free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the City Engineer. 20 50. Developer shall design the private streets, as shown on the tentative map to the satisfaction of the City Engineer. The structural section of all private streets shall conform 21 to City of Carlsbad Standards based on R-value tests. All private streets shall be inspected by the City. Developer shall pay the standard improvement plan check and inspection fees for private streets. 23 51. Developer shall design the private drainage systems, as shown on the tentative map to the 24 satisfaction of the City Engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the City. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 26 52. Developer shall prepare and process public improvement plans and, prior to City 27 Engineer approval of said plans, shall execute a City standard Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 28 for public improvements shown on the tentative map. Said improvements shall be PCRESONO. 6661 -14- installed to City Standards to the satisfaction of the City Engineer. These improvements 2 include, but are not limited to: 3 A. Public streets. B. Water line, fire hydrants, and appurtenances. 4 C. Sewer lines. Developer shall pay the standard improvement plan check and inspection fees. 6 Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in 7 said agreement. V 53. Developer shall design, and obtain approval from the City Engineer, the structural section 9 for the access aisles with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to 10 completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and " approval of the City Engineer. 1-2 54. Developer shall provide all-weather maintenance access roads to the public drainage 13 facilities (e.g.: headwalls, rip-rap field, etc.) for this project to the satisfaction of the City Engineer. Where maintenance access roads are not practical and/or permitted, Developer 14 shall incorporate low-maintenance design features to the satisfaction of the City Engineer. Non-Mapping Notes 16 55. Add the following notes to the final map as non-mapping data: 17 A. Developer has executed a City standard Subdivision Improvement Agreement and ^ has posted security in accordance with C.M.C. Section 20.16.070 to install public . g improvements shown on the tentative map.) These improvements include, but are not limited to: 20 1) Public streets. 21 2) Water line, fire hydrants, and appurtenances. 3) Sewer lines. 23 B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 24 C. Geotechnical Caution: 25 ~r 1) The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad 27 from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur 28 on, or adjacent to, this subdivision due to its construction, operation or maintenance. PCRESONO. 6661 -15- 1 2 D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as 3 defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. 4 r E. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action 6 that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage 7 from the drainage system or other improvements identified in the City approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the City approved development plans. 9 Utilities 10 56. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire , „ hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 13 57. Developer shall design and construct public facilities within public right-of-way or within 14 minimum 20-foot wide easements granted to the District or the City of Carlsbad. At the discretion of the District or City Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 16 58. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges 17 for connection to public facilities. 59. The Developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the District Engineer. 20 60. Developer shall install potable water and/or recycled water services and meters at 21 locations approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 23 61. The Developer shall install sewer laterals and clean-outs at locations approved by the City Engineer. The locations of sewer laterals shall be reflected on public improvement 24 plans. 62. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the tentative map to the satisfaction of the District Engineer and City Engineer. 27 63. The Developer shall provide potable water meters for each separately owned unit within 28 this subdivision in conformance with Carlsbad Municipal Water District Ordinance No. 45, Article 5, Section 9. PCRESONO. 6661 -16- 64. The design and operation of the proposed water system shall comply with the following: 2 A. Sub-meters may be installed for portions of this project in conformance with 3 Carlsbad Municipal Water District Ordinance No. 45, Article 5, Section 9. The sub-meters shall be privately owned and maintained by the Property Owners Association (POA) or Operator of this facility. It shall be the responsibility of the ,- POA/Operator to apportion the water bill to the separate sub-metered ownership within each building served by a City water meter. 6 B. The project CC&R's shall include wording, satisfactory to the City Engineer, 7 relating to the provisions of Condition "A" above. The CC&Rs shall also include language stating that the CC&R provisions related to water meters cannot be changed without the approval of the City Engineer. 9 Code Reminders; 10 The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 65. This tentative map shall expire three years from the date on which the City Council voted 13 to approve this application. 14 66. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the tentative map 15 are for planning purposes only. 17 67. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code.18 , o 68. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building 20 permit issuance, except as otherwise specifically provided herein. 21 69. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 23 70. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 24 71. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and the Robertson Ranch Master Plan, and shall 26 require review and approval of the Planning Director prior to installation of such signs. 27 28 PCRESONO, 6661 -17- 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 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 December 16, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Dominguez, Douglas, L'Heureux, Nygaard, Schumacher, and Chairperson Montgomery MARTELLB. MONTG CARLSBAD PLANNIN ATTEST: rson ION DON NEU Planning Director PCRESONO. 6661 -18- 1 PLANNING COMMISSION RESOLUTION NO. 6662 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A SITE DEVELOPMENT PLAN SDP 09-01 TO 4 DEVELOP A 5.43 ACRE SITE WITH A RECREATIONAL 5 VEHICLE STORAGE AREA AND A 66,000 SQUARE FOOT, 43.5 FOOT TALL, THREE STORY OFFICE BUILDING, WITH 6 ARCHITECTURAL FEATURES EXTENDING TO 55 FEET IN HEIGHT ON PROPERTY GENERALLY LOCATED SOUTH OF 7 CANNON ROAD, EAST OF EL CAMINO REAL, AT THE SOUTHEAST CORNER OF THE INTERSECTION OF WIND 8 TRAIL WAY AND CANNON ROAD, WITHIN THE ROBERTSON 9 RANCH MASTER PLAN, PLANNING AREA 22 AND THE "OPTION PARCEL," IN LOCAL FACILITIES MANAGEMENT 10 ZONE 14. CASE NAME: ROBERTSON RANCH PA 22 11 CASE NO.: SDP 09-01 12 WHEREAS, Brookfield Tamarack, LLC, "Developer," has filed a verified 13 application with the City of Carlsbad regarding property owned by Calavera Hills II, LLC, 14 "Owner," described as 16 Lot 3 of Carlsbad Tract No. 02-16, Robertson Ranch East Village, in the City of Carlsbad, County of San Diego, State of 17 California, according to Map thereof No. 15608, filed in the Office of the County Recorder of San Diego County, 18 September 18, 2007; and Parcel 2 of Parcel Map No. 19804, in j9 the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego 20 County, August 3, 2005 as Instrument No. 2005-0659805 of Official Records 21 22 ("the Property"); and 23 WHEREAS, said verified application constitutes a request for a Site Development 24 plan as shown on Exhibits "A" - "T" dated December 16, 2009, on file in the Planning 25 Department, ROBERTSON RANCH PA 22 - SDP 09-01 as provided by Chapter 21.06/Section 26 21.53.120 of the Carlsbad Municipal Code; and 27 WHEREAS, the Planning Commission did, on December 16, 2009, hold a duly 28 noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the Site Development Plan. 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad as follows: 7 A) That the foregoing recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Planning 9 Commission RECOMMENDS APPROVAL of ROBERTSON RANCH PA 22 - SDP 09-01 based on the following findings and subject to the following 10 conditions: Findings; 12 1. That the requested use is properly related to the site, surroundings and environmental 13 settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which 14 the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the project design complies with the development standards '^ of the Office "O" Zone and all required public facilities and services will be , r provided. The proposed office building and RV storage area are situated on the site so as to minimize their impacts on their surroundings to the maximum extent 17 practicable. The proposed office building and RV storage area have been situated as far away as possible (>250 feet) from the adjacent Rancho Carlsbad Estates 18 located to the south of the project site. Extensive screening along the southern boundary of the development site, consisting of dense mature landscaping and decorative masonry walls, have been included into the site design in order to 20 minimize potential visual impacts on adjacent properties. The RV storage area is situated approximately nine feet below the elevation of Cannon Road and is 21 screened on all sides by a minimum two foot high earthen berm combined with a six foot high decorative masonry wall set on top. Increased building setbacks and parking lot setbacks have been applied to the lot with the office building to 23 compensate for the additional 8.5 feet of building height. All required setbacks have been landscaped. The office buildings architecture complies with the Robertson 24 Ranch Master Plan Design Guidelines and will compliment the architectural environment of the Robertson Ranch Master Plan. The project also complies with 25 the provisions of the General Plan in that it provides good road design by _, minimizing the number of intersections and other conflicting traffic movements by minimizing project access to one location at the existing signalized intersection of 27 Wind Trail Way and Cannon Road; provides mitigation measures to protect neighboring properties and comply with the noise standards; and includes a buffer 28 area from sensitive environmental areas as required by the Open Space and Conservation Element. PC RESO NO. 6662 -2- 2. That the site for the intended use is adequate in size and shape to accommodate the use, in 2 that all applicable code requirements have been met; the project meets the minimum office parking standard of one parking space per 250 square feet of gross building 3 area; the building coverage of 12 percent is less than one fourth of the maximum 50 percent allowed, and increased building setbacks and parking lot setbacks have been applied to the site design to compensate for the additional 8.5 feet of building 5 height. 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that all setback areas have been landscaped. Combinations of landscaping, berming, and decorative masonry screen walls have been designed into the project to screen parking areas from adjacent properties. An o existing screen wall and landscaping improvements along Cannon Road, combined with approximately 9 feet of elevation difference below the elevation of Cannon 10 Road, will ensure that the RV storage area and office parking areas are screened from public roadways. Adequate vehicle circulation has been provided to accommodate RV's, passenger vehicles, and truck-turning movements. 4. That the street systems serving the proposed use is adequate to properly handle all traffic , T generated by the proposed use, in that Cannon Road will provide access to the site and is adequate to handle all the traffic (1,320 average daily trips) generated by the 14 office and RV storage area. The increase in building height from 35 feet to 43.5 feet is permitted and complies with Section 21.27.050(3)(a-c), O Zone Development Standards, in that the building is not more than three stories, all setbacks have been increased by one foot for every 17 foot of building height over 35 feet (i.e., 8.5 feet), and the building will conform to Section 18.04.170 of the Carlsbad Municipal Code (regarding fire sprinklers, smoke 18 alarms, and elevators). The increase in height for the architectural tower features from 45 feet to 55 feet complies with Section 21.27.050(d) in that the architectural tower features do not function to provide usable floor area; do not accommodate 20 and/or screen mechanical equipment; do not adversely impact adjacent properties because of the vertical and horizontal separation that is proposed between land 21 uses; and are necessary to ensure the building's design excellence. The building maintains the minimum setbacks from Cannon Road; does not adversely impact 22 adjacent neighbors as discussed throughout the project staff report; and the addition of the architectural elements provide vertical relief and adds interest to the building's elevations. 24 6. The Planning Commission of the City of Carlsbad does hereby find: 25 _. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum for 27 ROBERTSON RANCH PA 22 - GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09- 01/SDP 09-01/PUD 09-01, the environmental impacts therein identified for this 28 project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and PC RESO NO. 6662 -3- b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 2 Program and Addendum have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental 3 Protection Procedures of the City of Carlsbad; and c. it reflects the independent judgment of the Planning Commission of the City of 5 Carlsbad; and 6 d. based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 7 „ 7. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed 9 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. 10 Conditions; 11 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit, whichever occurs first. 13 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 14 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 17 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 Site Development Plan. 19 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 20 and modifications to the Site Development Plan documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development 21 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 23 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. 24 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid 27 unless the City Council determines that the project without the condition complies with all requirements of law. 28 PC RESO NO. 6662 -4- 5, Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 3 and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Site Development Plan, (b) City's approval or issuance of any permit or action, whether discretionary or c nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 6 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated.o 9 6. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that 10 adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 13 7. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 14 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5,09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 14, pursuant to Chapter 21.90. All such 16 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 17 8. The RV storage area is subject to the following requirements: 18 a. Only recreational vehicles as defined in CMC Section 21.04.298 may be stored within the recreational vehicle storage area; all stored vehicles must be in an 20 operable condition and, if required, currently licensed. b. Permitted recreational vehicle storage shall not be utilized as a sales yard or storage for a sales yard. An occasional sale by an individual may be permitted. 23 c. The maintenance, restoration, and/or repair of any vehicle shall not be permitted within the storage area. 24 d. The utilization of a stored vehicle as a living unit shall not be permitted. 26 9. The Robertson Ranch Master Plan master CC&R's shall be amended to address maintenance of the RV storage area. Said CC&Rs shall be submitted to and 27 approved by the Planning Director prior to the issuance of a grading permit. In addition to addressing maintenance of the RV storage area, the CC&R's shall also include the following: PC RESO NO. 6662 -5- a. Only recreational vehicles as defined in CMC Section 21.04.298 may be stored 2 within the recreational vehicle storage area; all stored vehicles must be in an operable condition and, if required, currently licensed. 3 b. Permitted recreational vehicle storage shall not be utilized as a sales yard or 4 storage for a sales yard. An occasional sale by an individual may be permitted. c. The maintenance, restoration, and/or repair of any vehicle shall not be permitted 6 within the storage area. 7 d. The utilization of a stored vehicle as a living unit shall not be permitted. o 10. Prior to issuance of a building permit, the materials for the balcony/trellis feature, 9 which is located on the third floor of the north elevation, shall be further studied and selected for material qualities that do not deteriorate over time. Final design of 10 the balcony/trellis feature shall be shown on the final building plans to the satisfaction of the Planning Director. 12 11. Developer shall implement, or cause the implementation of, the ROBERTSON RANCH PA 22 - GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/SDP 09-01/PUD 09-01 Project 13 Mitigation Monitoring and Reporting Program and Addendum. 14 12. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, GPA 09-01, ZC 09-01, MP 02-03(8), CT 09-01, and PUD 09-01 and is subject to all conditions 16 contained in Planning Commission Resolutions No. 6657, 6658, 6659, 6660, 6661, and 6663 for those other approvals incorporated herein by reference. 17 13. This approval shall become null and void if building permits are not issued for this project within 36 months from the date of project approval. 19 NOTICE 20 2 j 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 22 "fees/exactions." 23 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 25 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 26 annul their imposition. 77' You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions jo 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 PC RESO NO. 6662 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 December 16, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Dominguez, Douglas, L'Heureux, Nygaard, Schumacher, and Chairperson Montgomery MARTELL B. MONTGtSMbKY, IJjflrperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6662 -7- 1 PLANNING COMMISSION RESOLUTION NO. 6663 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A NON- RESIDENTIAL PLANNED UNIT DEVELOPMENT PERMIT PUD 4 09-01 TO SUBDIVIDE A 4.63-ACRE LOT WITH A 66,000 SQUARE FOOT OFFICE BUILDING INTO 49 AIRSPACE CONDOMINIUM OFFICE UNITS ON ONE COMMON AREA 6 LOT GENERALLY LOCATED SOUTH OF CANNON ROAD, EAST OF EL CAMINO REAL, AT THE SOUTHEAST CORNER 7 OF THE INTERSECTION OF WIND TRAIL WAY AND CANNON ROAD, WITHIN THE ROBERTSON RANCH MASTER PLAN, 8 PLANNING AREA 22 AND THE "OPTION PARCEL," IN LOCAL 9 FACILITIES MANAGEMENT ZONE 14. CASE NAME: ROBERTSON RANCH PA 22 10 CASE NO.: PUD 09-01 11 WHEREAS, Brookfield Tamarack, LLC, "Developer," has filed a verified 12 application with the City of Carlsbad regarding property owned by Calavera Hills II, LLC, 13 "Owner," described as 14 Lot 3 of Carlsbad Tract No. 02-16, Robertson Ranch East Village, in the City of Carlsbad, County of San Diego, State of 16 California, according to Map thereof No. 15608, filed in the Office of the County Recorder of San Diego County, 17 September 18, 2007; and Parcel 2 of Parcel Map No. 19804, in the City of Carlsbad, County of San Diego, State of California, ^ filed in the Office of the County Recorder of San Diego ]9 County, August 3, 2005 as Instrument No. 2005-0659805 of Official Records 20 ("the Property"); and 21 WHEREAS, said verified application constitutes a request for a Non-Residential 23 Planned Unit Development Permit as shown on Exhibits "A" - "T" dated December 16, 2009, 24 on file in the Planning Department, ROBERTSON RANCH PA 22 - PUD 09-01, as provided 25 by Chapter 21.47 of the Carlsbad Municipal Code; and 26 WHEREAS, the Planning Commission did, on December 16, 2009, hold a duly 27 noticed public hearing as prescribed by law to consider said request; and 28 WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 3 relating to the Non-Residential Planned Unit Development Permit. 4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad as follows: 7 A) That the foregoing recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Commission 9 APPROVES ROBERSTON RANCH PA 22 - PUD 09-01, based on the following findings and subject to the following conditions: 10 Findings: , ~ 1. The granting of this permit will not adversely affect and will be consistent with the code, the general plan, applicable specific plans, master plans, and all adopted plans of the city 13 and other governmental agencies in that the proposed project is consistent with the proposed Office & General Commercial (O) General Plan Land Use designation and 14 ai| development standards of the Office (O) Zone and Title 20 and 21 regulations governing subdivisions and the design of non-residential planned developments. 16 2. The proposed use at the particular location is necessary and desirable to provide a service or facility, which will contribute to the general well-being of the neighborhood and the 17 community in that the proposed non-residential planned development will be located on an Office (O) zoned lot. The project is compatible with the surrounding residential and open space land uses, in that the proposed office building is situated 19 on the site so as to minimize its impacts on its surroundings to the maximum extent practicable. The proposed office building has been situated as far away as possible 20 (>250 feet) from the adjacent Rancho Carlsbad Estates located to the south of the project site. Extensive screening along the southern boundary of the development 21 site, consisting of dense mature landscaping and decorative masonry walls, have „ been included into the site design in order to minimize potential visual impacts on adjacent properties. Increased building setbacks and parking lot setbacks have 23 been applied to the lot with the office building to compensate for the additional 8.5 feet of building height. All required setbacks have been landscaped. The office 24 buildings architecture complies with the Robertson Ranch Master Plan Design Guidelines and will compliment the architectural environment of the Robertson Ranch Master Plan. The project also complies with the provisions of the General 26 Plan in that it provides good road design by minimizing the number of intersections and other conflicting traffic movements by minimizing project access to one location 27 at the existing signalized intersection of Wind Trail Way and Cannon Road; provides mitigation measures to protect neighboring properties and comply with the 2° noise standards; includes a buffer area from sensitive environmental areas as PC RESO NO. 6663 -2- required by the Open Space and Conservation Element, and will provide 2 opportunities for individual ownership of units and employment of local residents. 3 3. Such use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the 4 vicinity in that the project meets all applicable city standards and ordinances, r including the Robertson Ranch Master Plan, and all public facilities and services are available and will be extended to the site. Adequate access to the site will be 6 provided via Cannon Road. The subdivision includes all necessary features to be compatible with surrounding development. The non-residential planned 7 development, which provides opportunities for individual ownership of units and employment of local residents, will not pose a safety hazard to the residential communities to the north and south, nor will it be injurious to the adjacent open 9 space or other improvements within the vicinity. 10 4. The proposed nonresidential planned development meets all of minimum development standards of the underlying zone, except for lot area in that there are no size or configuration standards for non-residential planned development units beyond 12 those imposed as a part of the permit. 13 5. The Planning Commission of the City of Carlsbad does hereby find: 14 a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum for ROBERTSON RANCH PA 22 - GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09- 16 01/SDP 09-01/PUD 09-01, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the 17 project; and 18 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 19 Program and Addendum have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental 20 Protection Procedures of the City of Carlsbad; and 2* c. it reflects the independent judgment of the Planning Commission of the City of 22 Carlsbad; and 23 d. based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 24 6. 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. 27 28 PC RESO NO. 6663 -3- Conditions; 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of 3 a Final Map. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 9 or a successor in interest by the City's approval of this Non-Residential Planned Unit Development Permit. 10 . Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Non-Residential Planned Unit Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the 13 approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 14 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 16 4. If any condition for construction of any public improvements or facilities, or the payment 17 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid in unless the City Council determines that the project without the condition complies with all requirements of law. 20 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 21 harmless the City of Carlsbad, its Council members, officers, employees, agents, and „ representatives, from and against any and all liabilities, losses, damages, demands, claims, and costs, including court costs and attorney's fees incurred by the City arising, 23 directly or indirectly, from (a) City's approval and issuance of this Non-Residential Planned Development Permit, (b) City's approval or issuance of any permit or action, 24 whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by 25 the facility of electromagnetic fields or other energy waves or emissions, 27 6. Developer shall implement, or cause the implementation of, the ROBERTSON RANCH PA 22 - GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/SDP 09-01/PUD 09-01 Project 28 Mitigation Monitoring and Reporting Program and Addendum. PC RESO NO. 6663 -4- n This approval is granted subject to the approval of the Mitigated Negative Declaration 2 and Mitigation Monitoring and Reporting Program and Addendum, GPA 09-01, ZC 09-01, MP 02-03(B), CT 09-01, and SDP 09-01 and is subject to all conditions 3 contained in Planning Commission Resolutions No. 6657, 6658, 6659, 6660, 6661, and 6662 for those other approvals incorporated herein by reference. 4 c 8. This approval shall become null and void if building permits are not issued for this project within 36 months from the date of project approval. 6 NOTICE 8 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 9 "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 12 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. 14 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 15 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 16 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. 18 " 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6663 -5- PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning 2 Commission of the City of Carlsbad, California, held on December 16, 2009, by the following 3 vote, to wit: 4 AYES: Commissioners Baker, Dominguez, Douglas, L'Heureux, Nygaard, Schumacher, and Chairperson Montgomery 6 NOES: 7 ABSENT: 9 ABSTAIN: 10 11 MARTELL B. MONTfBOMERW^iairperson 13 CARLSBAD PLANNING COMMISSION 14 ATTEST: 16 17 n DON NEU1 O Planning Director 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6663 -6- EXHIBIT 6 The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: December 16, 2009 Application complete date: N/A Project Planner: Jason Goff Project Engineer: Steve Bobbett SUBJECT: GPA 09-01/ZC 09-01/MP 02-03fBVCT 09-01/SDP 09-01/PUD 09-01 - ROBERTSON RANCH PA 22 - Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum; a recommendation of approval for a General Plan Amendment, Zone Change, Master Plan Amendment, Tentative Tract Map, and Site Development Plan, and a request for approval of a Non-Residential Planned Development Permit to allow for the subdivision of a 10.07 acre site into four lots with 49 airspace condominium office units and the development of a 66,000 square foot three-story office building and permanent RV storage area on property generally located south of Cannon Road, east of El Camino Real, at the southeast corner of the intersection of Wind Trail Way and Cannon Road, within the Robertson Ranch Master Plan, Planning Area 22 and the "Option Parcel," in Local Facilities Management Zone 14. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6657 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, and ADOPT Planning Commission Resolutions No. 6658, 6659, 6660, 6661, and 6662, RECOMMENDING APPROVAL of a General Plan Amendment (GPA 09-01), Zone Change (ZC 09-01), Master Plan Amendment (MP 02-03(B)), Tentative Tract Map (CT 09-01), and Site Development Plan (SDP 09-01), and ADOPT Planning Commission Resolution No. 6663, APPROVING a Non-Residential Planned Development Permit (PUD 09-01) based on the findings and subject to the conditions contained therein. II.INTRODUCTION The proposed project consists of a development proposal to subdivide a 10.07 acre site into four lots with 49 airspace condominium office units, and to allow for the grading and construction of a 66,000 square foot three-story office building and a permanent Recreational Vehicle (RV) storage area to serve the East and West Villages of the Robertson Ranch Master Plan. The project site consists of two parcels of land, which are generally located north of Rancho Carlsbad Estates and Calavera Creek, south of Cannon Road, east of Robertson Ranch PA 20, and west of Robertson Ranch PA 23F, at the southeast corner of the intersection of Wind Trail Way and Cannon Road in Local Facilities Management Zone 14, More specifically, the project site is located within the Robertson Ranch Master Plan community on Planning Area 22 (4.37 acres) and an adjacent property, referred to in the Master Plan as the "Option Parcel" (5.7 acres). o GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/SDP 09-01/PUD 09-01 - ROBERTSON RANCH PA 22 December 16, 2009 Page 2 The proposed project requires a General Plan Amendment (GPA) to change the existing General Plan Land Use designations on the project site from Unplanned Area (UA) and Residential Low- Medium Density (RLM, 0-4 du/ac) to Office & Related Commercial (O) and Open Space (OS), and a Zone Change (ZC) to change the existing zoning designation on the 2.21 acre westerly portion of the 5.7 acre "Option Parcel" from Residential Mobile Home Park (RMHP) to Planned Community (P-C). A Master Plan Amendment (MPA) is also required to expand the existing Planning Area 22 boundary in the easterly direction to incorporate the 2.21 acre westerly portion of the 5.7 acre "Option Parcel" into the Robertson Ranch Master Plan; change the underlying zoning of Planning Area 22 from Limited Control (L-C) to Office (O) and Open Space (OS); establish permitted land uses and development standards for PA 22; create a new Robertson Ranch Planning Area 23(G) to include a 1.15 acre Open Space lot over the wetland buffer for Calavera Creek; and establish a permanent RV storage area on PA 22 to accommodate the RV storage requirements for the East and West Villages. A Tentative Tract Map (CT) is required in order to subdivide the two parcels into four lots and 49 air space condominium office units, A Site Development Plan (SDP) is required for the approval of a conceptual site design for the proposed development and to also allow for architectural features to extend up to 55 feet in height. A Non-Residential Planned Development Permit (PUD) is required to allow for the proposed 49 air space condominium office units. The GPA, ZC, MPA, CT, and SDP require the approval of the City Council. The approval of the PUD is final at the Planning Commission. The project has been reviewed for environmental impacts and no significant unmitigable impacts were found. As designed and conditioned, the project is consistent with all applicable standards and policies, and the necessary findings to approve the project can be made. III. PROJECT DESCRIPTION AND BACKGROUND On November 14, 2006, the City Council certified the Final Program Environmental Impact Report (EIR) for the Robertson Ranch Master Plan, and together approved the Master Plan document and the East Village Master Tentative Tract Map. The Master Plan established the permitted uses, development standards, and design criteria for each neighborhood within the Robertson Ranch, as well as the development review process to be utilized. Master Tentative Tract Map CT 02-16 subdivided the East Village area into the various neighborhood development boundaries. A final map has been recorded for the East Village area, grading and improvement plans have been approved, mass grading has been completed on the East Village and within a portion of the central habitat corridor areas located within the West Village, and subsequent Tentative Tract Maps and Planned Development Permits have been approved for the subdivision, plotting and approval of architecture within the various residential planning areas of the East Village. The Master Plan envisioned that one RV storage area would be provided for the entire master planned development within PA 2 of the West Village located on the northeast corner of the intersection at El Camino Real and Tamarack Avenue. However, it was anticipated that PA 2 would not be ready for development at the time RV storage was needed for the East Village. Accordingly, the Master Plan allowed for a temporary RV storage area to be developed to serve the market-rate units proposed within the East Village of the Robertson Ranch Master Plan until GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/SDP 09-01/PUD 09-01 - ROBERTSON RANCH PA 22 December 16,2009 Page3 a permanent RV storage area could be approved. Pursuant to the Master Plan, temporary RV storage could be provided within any single-family neighborhood of the East Village or within PA 22 (an Unplanned Area within the Master) subject to approval of a Conditional Use Permit. On June 18, 2008, a Conditional Use Permit (CUP 07-04) was approved by the Planning Commission allowing for a temporary RV storage area to be developed within PA 22. To date, construction and development of this facility has not been initiated. On January 14, 2009, the applicant (Brookfield Tamarack, LLC) instead submitted the subject project proposing to establish permanent land uses on PA 22 and a portion of the adjacent "Option Parcel", including a development proposal to subdivide the two properties into four lots with 49 airspace condominium office units and grading for the construction of a 66,000 square foot three-story office building and permanent RV storage area for the benefit of both the East and West Villages of the Master Plan. Surrounding land uses include single-family residential development (PA 21: approved, but undeveloped courtyard homes) and an existing three-story multifamily residential apartment complex (PA 15) located across Cannon Road to the north; the Rancho Carlsbad Estates residential community to the south; a community park site (PA 12) and water quality detention basin (PA 20) to the west; and a non-HMP open space lot (PA 23F) to the east. Access to the project site is provided by an existing signalized intersection at Wind Trail Way and Cannon Road. The project site presently exists in a partially developed state, having already been rough graded pursuant to the mass grading plans for the Robertson Ranch East Village Master Tentative Map, and developed with a street screening frontage wall, landscaping, and sidewalk improvements along Cannon Road. Other portions of the project site exist as previously farmed land, some eucalyptus woodland, a sewer trunk line, maintenance access easement, and a six foot tall masonry wall running along the common property line with Rancho Carlsbad Estates. The initial grading of the site avoided a stand of mature Sycamore trees and provided a 100-foot buffer from wetlands along Calavera Creek, except in areas where a buffer of a lesser width was approved by the Wildlife Agencies near the main project entrance at Wind Trail Way and Cannon Road. The proposed project will follow this existing grading scheme with the exception of some additional cut and fill areas along the western boundary of the "Option Parcel". The site will require an additional 6,200 cubic yards of excavation, 4,500 cubic yards of fill embankment, and a resulting 1,700 cubic yards of export of soil to accommodate the proposed project. The General Plan Land Use designation for PA 22 is Unplanned Area (UA), and the adjacent "Option Parcel" is Residential Low-Medium Density (RLM, 0-4 du/ac). A General Plan Amendment (GPA 09-01) is proposed to change the existing General Plan Land Use designations on the project site (i.e., PA 22 plus the 2.21 acre westerly portion of the 5.7 acre Option Parcel) from Unplanned Area (UA) and Residential Low-Medium Density (RLM, 0-4 du/ac) to Office & Related Commercial (O) and Open Space (OS). The remaining 3.49 acre portion of the Option Parcel will remain RLM. A Zone Change (ZC 09-01) is required to change the existing zoning designation on the 2.21 acre westerly portion of the 5.7 acre "Option Parcel" from Residential Mobile Home Park (RMHP) to Planned Community (P-C). A Master Plan Amendment (MP 02-03(B)) is required to expand the existing Planning Area 22 boundary in the easterly direction in order to incorporate the 2.21 acre westerly portion of the 5.7 acre "Option Parcel" into the Robertson Ranch Master Plan community; change the underlying J> GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/SDP 09-01/PUD 09-01 - ROBERTSON RANCH PA 22 December 16, 2009 Page_4 zoning of Planning Area 22 from Limited Control (L-C) to Office (O) and Open Space (OS) for consistency with the General Plan; establish permitted land uses and development standards for the PA 22 project site; create a new Robertson Ranch Planning Area 23(G), which will include a 1.15 acre open space lot over the 100-foot wetland buffer for Calavera Creek and the existing stand of mature sycamore trees; and establish a permanent RV storage area on PA 22 to accommodate the RV storage requirements for both the East and West Villages. In addition to the three legislative actions discussed above, the project also requires a Tentative Tract Map (CT-09-01), Site Development Plan (SDP 09-01), and Non-Residential Planned Development Permit (PUD) to subdivide the project site into four lots and 49 air space condominium office units and to also approve a conceptual site design for the proposed development and to allow for increased building height from 35 feet to 43.5 feet, along with additional architectural features that extend up to 55 feet. Proposed Lot 1 is 4.63 acres in size and will accommodate the proposed office building. Proposed Lot 2 is 0.80 acres in size and will accommodate the proposed permanent RV storage facility. Proposed Lot 3 will become a 3.49 acre remainder of the "Option Parcel", which is not being developed as part of this project. Proposed Lot 4 is a 1.15 acre open space lot, which will include the 100 foot wide wetland buffer for Calavera Creek. The proposed 66,000 square foot office building is rectangular in shape and is three stories tall. The building is oriented along Cannon Road with the main entrance centered off of the south elevation. The proposed building has a variety of wall angles and offsets to provide architectural relief. The building's architecture is based on Spanish Mission influences and will compliment the architectural environment of the Robertson Ranch Master Plan. The main structure of the building consists primarily of concrete tilt-up construction, but has been further adorned with decorative architectural features including a colonnade that is complimented with wood rafter tails and decorative light fixtures running along the south and west elevations; exposed wood rafter tails extending from beneath the mission barrel tile roof sections and wood balcony; arched windows and entry features; tumbled travertine stone veneer around the center portion of the building and base; wainscot trim; faux window planters; decorative railings at select windows; decorative tile accents; tower elements; recessed windows; decorative window trim, and cornice features; window mullions; and a wood balcony on the third story off of the north elevation. The office building structural height is 43.5 feet to the top of the roof structure, 45 feet to the top of the parapet, and 55 feet to the top of the tallest: architectural tower feature. The project design incorporates increased setbacks at a ratio of one foot per additional foot of building height in order to compensate for the proposed 8.5 feet of increased building height. A parking lot, accommodating 265 spaces is proposed around the south, west, and east sides of the office building. A ground mounted mechanical enclosure and trash enclosure is proposed on the southeast side of the building, which incorporates similar architectural features as the main building structure. The proposed RV storage area is located in the northeast corner of the property adjacent to the proposed office building and Cannon Road. The RV storage lot is 0.80 acres in size and will accommodate 11,667 square feet of RV storage (exclusive of drive aisles and approaches) fulfilling the Master Plans requirement to provide RV storage. The RV storage area will be surrounded by an eight foot high visual barrier, consisting of a two foot tall earthen berm and a GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/SDP 09-01/PUD 09-01 - ROBERTSON RANCH PA 22 December 16,2009 Page 5 six foot tall solid masonry wall set on top. An existing six foot tall decorative masonry wall and landscaping is located along Cannon Road on the north side. The RV storage area is approximately 9 feet below the elevation of Cannon Road. The Conceptual Landscape Plan incorporates a plant palette and layout designed to reduce the mass of the proposed office building and to screen the permanent RV storage area from the existing Rancho Carlsbad Estates. The plan utilizes a combination six foot tall solid masonry wall at the top of the surrounding pad, along with a dense planting of both evergreen and deciduous trees. The perimeter screening and slope trees consist of California Sycamore, White Alder, and Catalina Ironwood. In order to provide a more mature and immediate effect, 25% of the perimeter screening and slope trees will consist of a 24-inch box container size, 50% will consist of a 36-inch box container size, and the remaining 25% will consist of a 48-inch box container size. A view analysis has been conducted from existing residences along the periphery of the Rancho Carlsbad Estates. This analysis concludes that the distance, which is approximately 250 feet away at the closest point, combined with a dense amount of landscaping will serve to eliminate the potential for any significant visual impacts from this area. IV. ANALYSIS The proposed project is subject to the following plans, ordinances, standards, and policies: A. Carlsbad General Plan Office & Related Commercial (O) and Open Space (OS) Land Use designation regulations; B. Office (O) Zone, and Open Space (OS) Zone (Chapters 21.27 and 21.33 of the Carlsbad Municipal Code); C. Robertson Ranch Master Plan (MP 02-03); D. Subdivision Map Act and City of Carlsbad Subdivision Regulations (Title 20 of the Carlsbad Municipal Code); E. Non-Residential Planned Development (Chapter 21.47 of the Carlsbad Municipal Code); F. Qualified Development Overlay (Q) Zone (Chapter 21.06 of the Carlsbad Municipal Code); G. Growth Management Ordinance (Chapter 21.90 of the Carlsbad Municipal Code) and Zone 14 Local Facilities Management Plan. The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in the sections below. A. Carlsbad General Plan Office & Related Commercial (O) and Open Space (OS) Land Use designation The proposed Robertson Ranch Planning Area 22 project site is located within the Robertson Ranch Master Plan community and is composed of two properties, Planning Area 22 (4.37 acres) and a 2.21 acre westerly portion of the adjacent 5.7 acre property, commonly referred to in the Master Plan as the "Option Parcel". The existing General Plan Land Use designation for Planning Area 22 is Unplanned Area (UA). The UA designation indicates areas where planning GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/SDP 09-01/PUD 09-01 - ROBERTSON RANCH PA 22 December 16, 2009 Page 6 for future land uses has not been completed. The UA designation is implemented through the Planned Community (P-C) Zone, which is applied to all of the properties within the Master Plan. The adjacent 5.7 acre "Option Parcel" has a General Plan Land Use designation of Residential Low-Medium Density (RLM, 0-4 du/ac). The proposed project involves annexing 2.21 acres of the "Option Parcel" into the boundaries of the Master Plan to create a new 6.58 acre Planning Area 22 project site. A General Plan Amendment is proposed, which would modify the allowable land uses on the subject site from UA and RLM to Office & Related Commercial (0) and Open Space (OS). The OS designation would be applied to a portion of the project site (Lot 4), which includes a 100 foot wetland buffer for Calavera Creek and a mature stand of existing sycamore trees. The O General Plan Land Use classification designates areas that are compatible with and environmentally suited for office and professional uses, as well as related commercial uses, This designation is appropriate for office uses, and can function as a transitional land use between retail commercial areas and residential uses, or residential neighborhoods with varying densities. The office use would allow for the development of a commercial office building, related parking lot, and accessory uses, as well as an RV storage lot for the benefit of the residents of the Robertson Ranch East and West Villages. Development of office type land uses in close proximity to housing implements the smart growth principle of providing a balanced mix of land uses in a community, which is considered to be a critical component of achieving better places to live. By placing uses in close proximity to one another, alternatives to driving, such as walking or biking, become more viable. The Robertson Ranch Master Plan is strong in providing a mix of housing, ample parks and open space areas, along with local shopping. The O General Plan Land Use designation on this site will enhance the Master Plan one step further by providing employment opportunities proximate to residential uses, and therefore a more balanced community. In addition to the above, the project complies with all elements of the General Plan as illustrated in Table A below: TABLE A - GENERAL PLAN COMPLIANCE ELEMENT Land Use USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM The development area of the project site as proposed will be designated Office & Related Commercial (O). The Office & Related Commercial land use anticipates office and professional uses, as well as related commercial uses. PROPOSED USES & IMPROVEMENTS The project proposes office uses. COMPLY Yes GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/SDP 09-01/PUD 09-01 - ROBERTSON RANCH PA 22 December 16, 2009 Page? TABLE A - GENERAL PLAN COMPLIANCE CONTINUED ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Land Use (continued) Protect and conserve natural resources The project includes placing an Open Space (OS) designation over Lot 4, which includes a 100 foot wetland buffer for Calavera Creek and a stand of existing mature sycamore trees. The OS designation will protect these existing natural resources. Yes Ensure that the review of projects places a high priority on the compatibility of adjacent land uses along the interface of different density categories. Special attention should be given to buffering and transitional methods, especially when reviewing properties where different land uses are involved. The proposed office building and RV storage area are situated on the site so as to minimize their impacts on the surrounding areas to the maximum extent possible. The proposed office building and RV storage area have been situated as far away as possible from the adjacent Rancho Carlsbad Estates, >250 feet to the south of the project site, and the developed multi- family apartment complex and undeveloped residential courtyard homes, approximately >200 ft. to the north across Cannon Road. Extensive screening along the southern boundary of the development site, consisting of dense mature landscaping and decorative masonry walls, have been included into the site design in order to minimize potential visual impacts and noise nuisance impacts on adjacent properties. The RV storage area is situated approximately nine feet below the elevation of Cannon Road and is screened on all sides by a minimum two foot high earthen berm combined with a six foot high decorative masonry screen wall set on top. Yes GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/SDP 09-01/PUD 09-01 - ROBERTSON RANCH PA 22 December 16, 2009 PageS TABLE A - GENERAL PLAN COMPLIANCE CONTINUED ELEMENT Land Use (continued) Public Safety Open Space & Conservation USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM Review new development proposals to consider emergency access, fire hydrant locations and fire flow requirements. Minimize environmental impacts to sensitive resources within the City. Designate as buffers portions of land next to sensitive environmental areas. PROPOSED USES & IMPROVEMENTS Increased building setbacks and parking lot setbacks have been applied to the site area in order to compensate for the additional 8.5 feet of building height. All required setbacks are adequately landscaped. The office buildings architecture complies with the Robertson Ranch Master Plan Design Guidelines and will compliment the architectural environment of the Robertson Ranch Master Plan. The project provides good road design by minimizing the number of intersections and other conflicting traffic movements and minimizes project access to one location at the existing signalized intersection of Wind Trail Way and Cannon Road; provides mitigation measures to protect neighboring properties from noise; and includes a 100-foot buffer area from sensitive environmental areas (i.e., Calavera Creek). The project includes or has been conditioned to provide facilities to ensure that the development proposal complies with public safety requirements. The project does not impact any sensitive resources. The project includes and designates as Open Space (OS), a 1 00-foot wetland buffer for Calavera Creek. COMPLY Yes Yes Yes GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/SDP 09-01/PUD 09-01 - ROBERTSON RANCH PA 22 December 16, 2009 Page 9 TABLE A - GENERAL PLAN COMPLIANCE CONTINUED ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Open Space & Conservation (continued) Utilize Best Management Practices for control of storm water and to protect water quality. The project has been designed in accordance with the City's Stormwater regulations. It has been conditioned to implement Best Management Practices (BMP) for water quality protection, to comply with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control Board and with the C.M.C. Yes Noise Control harmful or undesirable sound through the planning and regulatory process. An Acoustical Site Assessment was prepared for the project. Vehicle noise from Cannon Road was identified as the primary noise source affecting the project site. Through mitigation, the office building is required to provide a minimum noise reduction of 13.3 dBA CNEL to comply with the City's interior Leq(h) standard of 55 dBA CNEL. Additionally, the nearest noise sensitive area to the project is Rancho Carlsbad Estates, the boundaries of which are located approximately 215 feet to the south of the project site. The proposed office building is proposing a ground mounted mechanical equipment enclosure on the south side of the building. Yes GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/SDP 09-01/PUD 09-01 - ROBERTSON RANCH PA 22 December 16, 2009 Page 10 ._ TABLE A - GENERAL PLAN COMPLIANCE CONTINUED ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Noise (continued) Mitigation measures prohibiting the venting of louvers on the south side of the enclosure, as well as requiring the wall height of the enclosure to extend a minimum of one foot above the surface height of the mechanical equipment, together with a proposed and an existing six foot tall masonry perimeter wall at the top of slope and southern boundary of proposed Lot 4, will reduce noise levels below 40 dBA Leq, which is below both the City's exterior 60 dBA CNEL and interior 45 dBA CNEL requirements for residential land uses. Circulation Good road design practice shall be utilized to minimize the number of intersections and other conflicting traffic movements. Project driveway for ingress and egress has been designed to align with the existing intersection at Wind Trail Way and Cannon Road in order to minimize the number of intersections and conflicting traffic movements along this corridor. Yes B. Office (O) Zone, and Open Space (OS) Zone (Chapters 21.27 and 21.33 of the Carlsbad Municipal Code) The proposed Robertson Ranch Planning Area 22 project site is composed of two properties, Planning Area 22 (4.37 acres) and a 2.21 acre westerly portion of an adjacent 5.7 acre property, which is referred to in the master plan as the "Option Parcel". Planning Area 22 is presently zoned Planned Community (P-C) with an underlying zoning designation of Limited Control (L- C). The adjacent 5.7 acre "Option Parcel" is zoned Residential Mobile Home Park (RMHP). As part of this project, 2.21 acres of the "Option Parcel" will be added into the master plan to create the new 6.58 acre Planning Area 22 project site. A Zone Change is proposed to change the existing zoning designation on the 2.21 acre westerly portion of the "Option Parcel" from Residential Mobile Home Park (RMHP) to Planned Community (P-C). As part of the Master Plan Amendment (see Section C below) a zone change is proposed to change the underlying zoning designation on Planning Area 22 from L-C to Office (O) and Open Space (OS), and to GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/SDP 09-01/PUD 09-01 - ROBERTSON RANCH PA 22 December 16, 2009 Page 11 add the O and OS Zone designation to the newly added 2.21 acre portion of the "Option Parcel". This will result in the Zoning for the project site being consistent with the proposed General Plan designation of Office & Related Commercial (O) and Open Space (OS). In addition to the above, the project meets or exceeds all applicable requirements of the O Zone as demonstrated in Table B below: TABLE B - OFFICE (O) ZONE COMPLIANCE STANDARD Lot Area Lot width Building Height Building Setbacks (2-3 Stories up to 35ft.) Driveways/Parking Setbacks REQUIRED 10,000 square feet (min.) 75 feet (measured at front setback) 35 feet/ 45 feet*; 55 feet for allowed protrusions. Front Yard (arterial): 30 feet, plus an additional 8.5 feet, for a total of 38.5 feet* Robertson Ranch Master Plan requires a minimum 40 foot building setback from Cannon Road. This minimum setback is maintained as part of the Master Plan Amendment. 40 feet, plus an additional 8.5 feet, for a total of 48. 5 feet.* Interior Side Yard: 10 feet, plus an additional 8.5 feet for a total of 18. 5 feet* Rear Yard: 10 feet, plus an additional 8.5 feet, for a total of 18.5 feet* PROPOSED Lot 1 =4.21 acres (183,3 88 sq. ft.) Lot 2 = 0.80 acres (34,848 sq. ft.) Lots 1 & 2 each have lot widths greater than 75 feet (measured at front setback) 43.5 feet maximum; 55 feet for allowed protrusions. 49 feet >1 8.5 feet > 18.5 feet COMPLY Yes Yes Yes Yes Yes Yes Yes Front Yard (arterial): Lot 1 : 1 5 feet, plus an additional 8.5 feet, for a total of 23.5 feet* Lot 2: 15 feet >30 feet >15feet Yes Yes GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/SDP 09-01/PUD 09-01 - ROBERTSON RANCH PA 22 December 16, 2009 Page 12 TABLE B - OFFICE (O) ZONE COMPLIANCE CONTINUED STANDARD Driveways/Parking Setbacks (continued) Building Coverage Lighting REQUIRED PROPOSED COMPLY Interior Side Yard: Lot 1 : 5 feet, plus an additional 8.5 feet, for a total of 13. 5 feet* Lot 2: 5 feet East Interior Side: >8 feet** West Interior Side: Between 3 feet*** and 43 feet East Interior Side: >17 feet West Interior Side: 5 feet Yes Yes Yes Yes Rear Yard: Lot 1 : 5 feet, plus an additional 8.5 feet, for a total of 13.5 feet* Lot 2: 5 feet 50% max. Exterior lighting is required for all employee and visitor parking areas, walkways, and building entrances and exits. Light sources shall be designed to avoid direct or indirect glare to any off- site properties or public right-of-way. Lot 1:>13.5 feet Lot 2: 5 feet 12.6% The project is conditioned to submit and obtain Planning Director approval of an exterior lighting plan including parking areas, walkways, and building entrances and exits, prior to the issuance of a grading permit. Furthermore, all lighting is conditioned to be designed to reflect downward and avoid any impacts on adjacent homes or property. Yes Yes Yes Yes GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/SDP 09-01/PUD 09-01 - ROBERTSON RANCH PA 22 December 16, 2009 Page 13 TABLE B - OFFICE (O) ZONE COMPLIANCE CONTINUED STANDARD REQUIRED PROPOSED COMPLY Roof Appurtenances All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from adjacent properties and streets. The project is proposing a 1,053 square foot mechanical equipment enclosure on Lot 1 to house the majority of the proposed office building's mechanical equipment. The enclosure is architecturally treated to match the proposed office building. Any additional roof mounted appurtenances that may be needed in addition to the ground mounted equipment is prohibited from exceeding the parapet height, which is at 45 feet above the first floor finished floor elevation. Therefore, all roof appurtenances will be shielded from adjacent properties and streets. Yes Trash Enclosures Trash receptacle areas shall be enclosed by a six- foot high masonry wall with gates pursuant to City Standards. A trash enclosure facility that is enclosed by six-foot high masonry walls and gates is proposed on Lot 1. The enclosure is designed in accordance with City Standards and is architecturally treated to match the proposed office building. Yes Loading Areas All loading areas shall be oriented and/or screened so as to be unobtrusive from the adjacent streets or properties. A loading area for mail deliveries is proposed within the first row of parking on Lot 1 near the front entrance of the proposed office building. The loading area is oriented so as to be unobtrusive, and furthermore is screened from the adjacent street (Cannon Road) and other properties by the building and an existing six-foot high masonry wall and dense landscaping. Yes GPA 09-01/ZC 09-0IMP 02-03(B)/CT 09-01/SDP 09-01/PUD 09-01 - ROBERTSON RANCH PA 22 December 16,2009 Page 14 TABLE B - OFFICE (O) ZONE COMPLIANCE CONTINUED STANDARD Parking Employee Eating Areas REQUIRED Professional Office: One space per 250 square feet. 66,000 - 250 = 264 spaces 300 square feet for every 5,000 square feet of building area, except for office buildings located within 1,000 feet of an approved mini-park or City park. PROPOSED 265 spaces The office building proposed on Lot 1 is within a 1,000 foot walking distance of the approved Robertson Ranch Community Park (Planning Area 1 3). Therefore, the requirement to provide an employee eating area is not applicable. However, the project is proposing to construct a 2,750 square foot employee eating area along the south property line of Lot 1 (please see landscape plans for details). COMPLY Yes Yes * In accordance with C.M.C. Section 21.27.050(3)(b), all required setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction beyond thirty-five feet. The top of the main roof structure is 43.5 ft., minus the 35 ft. maximum building height, equals 8.5 ft. of additional setback area that is to be maintained as landscaping. ** In accordance with C.M.C. Section 21.27.050(4), setbacks for parking may be reduced with construction of a six-foot solid masonry wall and appropriate landscape buffer on a rear or interior side yard only (C.M.C. Section 21.27.050(4). The east side interior setback for parking has been reduced to 8 feet. A 6 ft. tall solid masonry wall with landscaping has been provided. *** In accordance with C.M.C. Section 21.27.050(5)(E), approved areas of ingress and egress are considered permitted intrusions within the required setbacks. C. Robertson Ranch Master Plan (MP 02-03) The project site is located in an area subject to the Robertson Ranch Master Plan (MP 02-03). The Master Plan provides a framework for the development of vacant properties within the Master Plan area to ensure the logical and efficient provision of public facilities and community amenities for future residents. The project site, which consists of PA 22 and a portion of a property referred to in the Master Plan as the "Option Parcel" are presently unplanned areas within the Master Plan. According to the Master Plan, a Major Master Plan Amendment is required for the inclusion of adjacent lands, such as the "Option Parcel" and/or modifications to land uses not presently identified in the Master Plan, such as the "Unplanned Area" within Planning Area 22. Major Master Plan Amendments shall be approved through a public hearing before the Planning Commission and City Council pursuant to Chapter 21.38.120 of the Carlsbad Municipal Code. GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/SDP 09-01/PUD 09-01 - ROBERTSON RANCH PA 22 December 16,2009 Page 15 The proposed Master Plan Amendment (MP 02-03(B)) proposes to expand the existing Planning Area 22 boundary in the easterly direction to incorporate as part of the Robertson Ranch Master Plan community a 2.21 acre westerly portion of the 5.7 acre "Option Parcel". To implement the proposed General Plan Land Use designations, a change in the underlying zoning of PA 22 from Limited Control (L-C) to Office (O) and Open Space (OS) is proposed. The amendment proposes that development of PA 22 comply with all applicable regulations and development standards of the Carlsbad Municipal Code, including zoning standards for the O Zone (Chapter 21.27) except as modified by the Master Plan. As demonstrated in Section "A" above, the proposed land uses are compatible with the adjacent land uses and assist in creating a more balanced community. As demonstrated in Section "B" above, all development standards have been met. Permitted land uses for PA 22 will allow for RV Storage, as well as all permitted and conditional uses that are identified in the O Zone (Chapter 21,27.020). In order to include a 1.15 acre open space lot over the wetland buffer for Calavera Creek and the existing stand of mature sycamore trees, a new Robertson Ranch Planning Area 23(G) is being created. The addition of PA 23(G), consisting of 1.15 acres of non-HMP open space, will increase the Master Plan's total amount of open space to 143.6 acres. Lastly, the proposed amendment will establish a permanent RV storage area on PA 22, which will accommodate the RV storage requirements for both the East and West Villages. The RV storage facility is a requirement of the Master Plan and has been designed in accordance with the development standards outlined within the Master Plan. Section 21.45.060 of the Carlsbad Municipal Code requires that a minimum of 20 square feet of RV storage area be provide for each dwelling unit in a planned development, with the exception of rental apartment projects, standard single-family lots, and projects located in the RMH and RH land use designations. Of the total project dwelling units, a maximum of 320 are located in the East Village (PA 14, 16, 17, and 18), and 232 are located within the West Village (PA 1, 3, 6, 10, and 13), which results in a maximum requirement of 11,040 square feet, excluding drive aisles. The proposed RV storage area is providing 11,667 square feet, which will be available to both villages. The Master Plan Amendment includes 14 pages of revised text and 7 pages of revised figures, which are included as Exhibit "MP 02-03" and attached to Planning Commission Resolution No. 6660. D. Subdivision Map Act and City of Carlsbad Subdivision Regulations (Title 20 of the Carlsbad Municipal Code) The Engineering Department has reviewed the proposed tentative tract map and has concluded that the subdivision complies with all applicable requirements of the Subdivision Map Act and the City's Subdivision Ordinance. All major subdivision design criteria have been complied with and the project is conditioned to install infrastructure improvements concurrent with development. The developer will be required to offer various dedications (e.g., drainage, public utility) and will be responsible for a number of public and private improvements, including but not limited to curbs, gutters, sidewalks, sewer facilities, drainage facilities, water line facilities, fire hydrants, and street lights. The project has been designed in accordance with the City's Stormwater regulations. It has been conditioned to implement Best Management Practices (BMP) for water quality protection, and to comply with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/SDP 09-01/PUD 09-01 - ROBERTSON RANCH PA 22 December 16, 2009 Page 16 R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control Board and with the City of Carlsbad Municipal Code. E. Non-Residential Planned Development (Chapter 21.47 of the Carlsbad Municipal Code) The intent and purpose of the Non-Residential Planned Development regulations are to: 1. Ensure that non-residential projects develop in accordance with the General Plan and applicable specific plans; 2. Provide for non-residential projects which are compatible with surrounding developments; 3. Provide a method to approve separate ownership of units within multiple-unit buildings; and 4. Provide for conversion of existing developments to condominiums. The proposal to create non-residential airspace condominium units necessitates that a Non- Residential Planned Development Permit be processed to supplement the proposed Tentative Map (CT 09-01). The 49 non-residential airspace condominium units will share common driveway access, parking areas, landscaping, and outdoor eating facilities, which will all be commonly maintained by an owners association, The project complies with the General Plan, Zoning, and the Robertson Ranch Master Plan as proposed and discussed in the sections above. The subdivision, by nature of the office use, will not be detrimental to the health, safety or welfare of the surrounding residential developments as office uses are considered by the General Plan to be transitional uses, which often function as buffers between commercial and residential areas. Furthermore, the project has been sited and designed to ensure land use compatibility with the adjacent residential uses (see Sections "A", "B", and "F"). No modifications to the development standards, other than increased setbacks to offset the 8.5 feet of increased building height are required to protect public health, safety, and general welfare of the community. There are no size or configuration standards for non- residential planned development units beyond those imposed as a part of the permit, except that they shall be reasonable as to the intended use and relation to the project. All 49 non-residential condominium units will be contained within the confines of the 66,000 square foot three story office building, for which all development standards and parking requirements are being met. F. Qualified Development Overlay (Q) Zone (Chapter 21.06 of the Carlsbad Municipal Code) Development within the O Zone is required to process a Site Development Plan (SDP) in accordance with the provisions of the Qualified Development Overlay (Q) Zone pursuant to Chapter 21.06 of the Carlsbad Municipal Code. There are four findings necessary to approve an SDP pursuant to the Q-Overlay. Additionally, the 0 Zone requires City Council approval of a SDP for additional building height beyond 35 feet up to a maximum of 45 feet. Provisions for allowing architectural features, such as flag poles, steeples, or architectural towers, to extend up to 55 feet in height are allowed if the City Council finds that the protruding architectural features (1) do not function to provide usable floor area; (2) do not accommodate and/or screen building GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/SDP 09-01/PUD 09-01 - ROBERTSON RANCH PA 22 December 16,2009 Page 17 equipment; (3) do not adversely impact adjacent properties; and (4) are necessary to ensure a building's design excellence. The required findings with justification for each are contained in Planning Commission Resolution No. 6662. This section summarizes the necessary findings and supports each. The requested uses are properly related,to the site, surroundings and environmental setting, as the project design complies with the development standards of the 0 Zone. The proposed office building and RV storage area are situated on the site so as to minimize their impacts on their surroundings to the maximum extent practicable. Approximately >250 feet of horizontal separation exists between the proposed uses and the adjacent Rancho Carlsbad Estates community located to the south, and approximately >200 feet of horizontal separation exists between the neighboring multifamily apartment complex and undeveloped courtyard homes located across Cannon Road to the north. In addition to horizontal separation, approximately >20 feet of vertical separation exists between the pad grade of the project site and the existing/undeveloped residential uses to the north, and approximately 8 feet of vertical separation exists between the pad grade of the project site and the closest residences in Rancho Carlsbad Estates. Adequate separation is provided from these adjacent uses, and a 100-foot buffer from Calavera Creek has been incorporated into the site design. Furthermore, extensive screening along the southern boundary of the development site, consisting of dense mature landscaping and decorative masonry walls, have been incorporated into the project design to minimize any potential visual and noise nuisance impacts on adjacent residential properties. Increased building setbacks and parking lot setbacks have been applied to compensate for the additional building height, and all required setbacks have been landscaped. The site is also adequate in shape to accommodate the uses as all other code requirements have been met. The project meets the minimum office parking standard of one parking space per 250 square feet of gross building area. The building coverage of 12 percent is less than one fourth of the maximum 50 percent allowed. As shown on Exhibits "A" through "T", all features necessary to adjust the proposed uses to existing and permitted future uses will be provided. Landscaping, berming, and screen walls are proposed to screen parking areas from adjacent properties. Existing screen wall and landscaping improvements exist along Cannon Road to screen the RV storage area and parking areas from public roadways. Adequate vehicle circulation has been provided to accommodate truck-turning movements. Cannon Road will provide access to the site and is adequate to handle all traffic (1,320 average daily trips) generated by these uses. The proposed office building has a building height of 43.5 feet with a parapet height of 45 feet and architectural tower features up to 55 feet. The increase in building height from 35 feet to 43.5 feet complies with Section 21.27.050(3)(a-c), O Zone Development Standards, in that the building is not more than three stories, all setbacks have been increased by one foot for every foot of building height over 35 feet (i.e., 8.5 feet), and the building will conform to Section 18.04.170 of the Carlsbad Municipal Code (regarding fire sprinklers, smoke alarms, and elevators). The increase in height for the architectural tower features from 45 feet to 55 feet complies with Section 21.27.050(d) in that the proposed architectural tower features do not function to provide usable floor area; do not accommodate and/or screen any mechanical equipment; do not adversely impact adjacent properties because of the vertical and horizontal separation that is proposed between land uses; and are necessary to ensure the building's design GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/SDP 09-01/PUD 09-01 - ROBERTSON RANCH PA 22 December 16, 2009 Page 18 excellence. The building maintains the minimum setbacks from Cannon Road; does not adversely impact adjacent neighbors as discussed throughout the staff report; and the addition of the architectural elements provide vertical relief and add interest to the building's elevations. G. Growth Management Ordinance (Chapter 21.90 of the Carlsbad Municipal Code) and Zone 14 Local Facilities Management Plan. The proposed project is located within Local Facilities Management Zone 14 in the northeast quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table C below. TABLE C - GROWTH MANAGEMENT COMPLIANCE STANDARD City Administration Library Waste Water Treatment Parks Drainage Circulation Fire Open Space Schools (Carlsbad) Sewer Collection System Water IMPACTS N/A N/A 0.0081 EDU N/A 21.1 CFS / Drainage Basin "B" 1.320ADT Fire Station 3 and 5 Acres Provided =1.15 acres N/A 0.0081 EDU 15,180GPD COMPLY Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes * All of the allowable residential density for PA 22 and the "Option Parcel" has already been allocated to other planning areas within the East Village through the Master Plan process. V.ENVIRONMENTAL REVIEW Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code, staff has conducted an environmental impact assessment to determine if the project could have any potentially significant impact on the environment. The environmental impact assessment identified potentially significant impacts to cultural resources and noise, and mitigation measures have been incorporated into the design of the project or have been included as conditions of approval for the project such that all potentially significant impacts have been mitigated to below a level of significance. Consequently, a Notice of Intent to adopt a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) was published in the newspaper for review and comment with copies also sent directly to the United States Fish and Wildlife Service (USFWS) and the California Department of Fish and Game (CDFG). One public comment letter was received from Preserve Calavera during the 20-day public review period, which began on October 21, 2009 and ended on November 10, 2009. A response of "no comment" was received from USFWS, and no comments were received from CDFG. The Preserve Calavera comments and staffs responses are included as an attachment at the back of the MND. An addendum has also been prepared in accordance with Section 15164 of CEQA to include an additional mitigation measure to address the payment of habitat in-lieu fees. This addition has no new GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/SDP 09-01/PUD 09-01 - ROBERTSON RANCH PA 22 December 16,2009 Page 19 significant environmental effects not analyzed in the previously circulated MND, and none of the circumstances requiring recirculation or a subsequent Mitigated Negative Declaration under CEQA Guidelines Section 15162 exist. ATTACHMENTS: 1. Planning Commission Resolution No. 6657 (MND) 2. Planning Commission Resolution No. 6658 (GPA) 3. Planning Commission Resolution No. 6659 (ZC) 4. Planning Commission Resolution No. 6660 (MP) 5. Planning Commission Resolution No. 6661 (CT) 6. Planning Commission Resolution No. 6662 (SDP) 7. Planning Commission Resolution No. 6663 (PUD) 8. Location Map 9. Background Data Sheet 10. Local Facilities Impact Assessment Form 11. Disclosure Statement 12. Reduced Exhibits 13. Full Size Exhibits "A" - "T" dated December 16, 2009 SITEMAP NOT TO SCALE Robertson Ranch Planning Area 22 GPA 09-01 / ZC 09-01 / MP 02-03(B) / CT 09-01 / SDP 09-017 PUD 09-01 BACKGROUND DATA SHEET CASE NO: GPA 09-01/ZC 09-01/MP 02-03(BVCT 09-01/SDP 09-Q1/PUD 09-01 CASE NAME: ROBERTSON RANCH PA 22 APPLICANT: Brookfield Tamarack, LLC REQUEST AND LOCATION: Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; a recommendation of approval for a General Plan Amendment. Zone ChariRe, Master Plan Amendment, Tentative Tract Map, and Site Development Plan, and a request for approval of a Non-Residential Planned Development Permit to allow for the subdivision of a 10.07 acre site into four lots with 49 airspace condominium office units and the development of a 66.000 square foot three-story office building and permanent RV storage area on property generally located south of Cannon Road, east of El Camino Real at the southeast corner of the intersection of Wind Trail Way and Cannon Road, within the Robertson Ranch Master Plan, Planning Area 22 and the "Option Parcel." in Local Facilities Management Zone 14. LEGAL DESCRIPTION: Lot 3 of Carlsbad Tract No. 02-16. Robertson Ranch East Village, in the City of Carlsbad. County of San Diego, State of California, according to Map thereof No. 15608. filed in the Office of the County Recorder of San DieRo County. September 18, 2007: and Parcel 2 of Parcel Map No. 19804, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, August 3, 2005 as Instrument No. 2005-0659805 of Official Records. APN: 168-050-55, 168-360-03 Acres: 10.07 Proposed No. of Lots/Units: 4 lots / 49 units GENERAL PLAN AND ZONING Existing Land Use Designation: UA (Unplanned Area) & RLM (Residential Low-Medium Density, 0-4 du/ac) Proposed Land Use Designation: O (Office & Related Commercial), OS (Open Space). & RLM Density Allowed: NA Density Proposed: NA Existing Zone: P-C (L-C per MP 02-03) & RMHP Proposed Zone: P-C (O & OS) & RMHP Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site P-C (L-C) & RMHP UA & RLM Graded pad, fallow farm land, sewer trunk line, and paved access easement. North P-C(RD-M) RH & RMH Multi-family Apartment Complex, approved but undeveloped single-family courtyard homes. South RMHP RM Rancho Carlsbad Estates East P-C (OS) OS Open Space West P-C (OS) OS Water quality facility & graded/undeveloped park site Revised 01/06 LOCAL COASTAL PROGRAM Coastal Zone: Q Yes ^ No Local Coastal Program Segment: NA Within Appeal Jurisdiction: I I Yes [X] No Coastal Development Permit: I I Yes [X] No Local Coastal Program Amendment: [U Yes [>3 No Existing LCP Land Use Designation: NA Proposed LCP Land Use Designation: NA Existing LCP Zone: NA Proposed LCP Zone: NA PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 0.0081 EDU ENVIRONMENTAL IMPACT ASSESSMENT |~~| Categorical Exemption, Mitigated Negative Declaration, issued October 21, 2009 f~1 Certified Environmental Impact Report, dated D Other, Revised 01/06 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: CASE NAME: Robertson Ranch PA 22 CASE NO: GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/SDP 09-01/PUD 09-01 LOCAL FACILITY MANAGEMENT ZONE: 14 GENERAL PLAN: UA & RLM ZONING: P-C (L-C per MP 02-03) & RMHP DEVELOPER'S NAME: Brookfield Tamarack, LLC ADDRESS: 12865 Pointe Del Mar. Suite 200, Del Mar. CA 92014 PHONE NO.: (858) 481-8500 ASSESSOR'S PARCEL NO.: 168-050-55. 168-360-03 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 10.07 acres ESTIMATED COMPLETION DATE: Unknown A. City Administrative Facilities: B. Library: C. Wastewater Treatment Capacity (Calculate with J. Sewer) D. Park: E. Drainage: F. Circulation: G. Fire: H. Open Space: I. Schools (Carlsbad Unified): J. Sewer (Carlsbad): K. Water (Carlsbad): L. Demand in Square Footage = Demand in Square Footage = NA NA Demand in Acres = Demand in CFS = Identify Drainage Basin = Demand in ADT = Served by Fire Station No. .= Acreage Provided : Elementary School = Middle School = High School = Demands in EDU = Demand in GPD = 0.0081 EDU NA 21.1 CFS Basin "B' 1,320 ADT 3&5 1.15 acres NA NA NA 0.0081 EDU 15.180 GPD All of the allowable residential density for PA 22 and the "Option Parcel" has already been allocated to other planning areas within the East Village through the Master Plan process. PA - 22 City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. l'i««) ?».**?•;•.»-* M.; '-.'*'Tjr"ij-'-irt-"'» '••'••••' 'VT r*\ i-^ -^f-f <• ;. •*;,•• t H—T.i"^», •/•- i • VT ' «•' •, V.T*I' •• •'T* « - '-I.— . -rV^'i .,-••*•-.-•-•*.- r—. - •. ;.-~l- - , . * , • • •..-,••;gBntsj'may,-signjtni&d6cu,me^^^ anU property, owner must be ro^e$BJ{6M«»^^ , , -,.- , -• :'%; ::V". 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 Mr. Dale Gleed Corp/Part Brookfield Tamarack LLC • Title V-P' Engineering Address , Address 12865 P°inte Del Mar, Del Mar, CA 92014 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership' Interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) pefson Mr. Dale Gleed, COFP/Part Calavera HillS " LLC Title V-p- Engineering Address Address 12865 Pointe Del Mar, Del Mar, CA 92014 1535 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4500 • FAX (760) 602-8559 • www.ci.carlsbati.ca.us 3.NON-PROFIT ORGANIZATION OR TRUST If any person Identified pursuant to (1) or (2) above is a nonprofit organization or a trust, fist the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of Ine. Non Profit/Trust. Title Non Profjt/TrusL Title Address Address 4, Have you had more than ?500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? |X j NO If yea, please indicate person(s): NOTE: Attach additional sheets if necessary. certify that all the above information is true and correct to Ihe best of my knowledge. Signature of owr)ery8ate"Ef. Dale Gleed,VP Signature of apmic/nt/djkeE.Dale Gleed, VP By: Brookfoeld Tamarack LLC,Member By: Brook^reld Tamarack LLC, Member Calavera Hills II LLC Calavera Hills II LLC Print or type name of owner Print or type name of applicant ._..____ — — •- ~ •— • ~ • ^ —• - - f£j^& - .Signature of owner/appljcarjts^gww if applicable/dale Print or type name of owner/applicant's agent HADMlWCOUNTEFW>ISCt.OSURE STATEMENT 12/03 Page 2 of 2 GENERAL NOTES atravatete: OKIKC IMff Of .. tmx caufxaH. / *<r snxeux wwt nrcma tea ror/n ttfis. OKSTY WKXUWK HWT. .. 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TENTATIVE MAP FOR ROBERTSON RANCH EAST VILLAGE PLANNING AREA 22 SHEET 1 Of 4 SHEETS C.T. 09-01 G.PJ(. 09-01 M.P. 02-03(B) PM.D. 09-01 S.D.P. 09-01 Z.C. 09-01 RV STORAGE ANALYSIS Ifpp SlWtC f£ST HUJKC KffS jmWSf IK ante rex. - IL&O y ( IDW ffOlfSE * tl,H7 ST. (ST Off OK EARTHWOEK QUANTfflES 2 er(ieXBOf w/toss oKxttf\cooHorAKcuiTm SWSXKI; smiuct OK euwit <F s LEGAL DESCRIPTION ict j ff~ tut txet CMOAD tact fa a-x.fuiaf usr msec mj> ei of am or sf oooBOOT BKOVBt ON XP. M KO7 Mtl fMCS. 1 ITMV &&I FVS H t€ CfTKf OT ME CanlrKCOX FLOOD ZONE DESIGNATION tftfo. csonJ - M&S OUSK *t SOB K/e - S4Sf aaco Bfwora CIVIL ENGINEER/ LAND SURVEYQB * tmr wo jwe n. n ea&HHUt nrafcr its nmtsOF scam US or Sf cnt cox fofK SOBMSW iw Acrrtx a arar SHEET INDEX 407t TfOXX HJKNE APPROVED; THIS K THEArrnOVRD TENTHTT fLAH fOR PROJECT K0._ • ' fRHO. _ -_OT PLANNtNC CO BENCHMARK te&Moafrni. 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" L .— 3 ^^...^ =:J- 1 5 S Jl c?c; SPACE; -4— 1 — j S •• ^ 3 SECTION &-Asou* mis - r-*?1 ' SECTION C-CflS4i£- «WZ - /WO'ierr - /'-«?' 30.00 J 5 u»ri «lf*w 3 ^ o.q C 5 °S S 5- I 1 _ r.S s 5 s \r- 1 „,: 1 ' 11 3 - — 5 £ r*T>^ c S SECTION D-D' ROBERTSON RANCH EAST VILLAGEAKfA U SECTION B-B' ©2008 O'Doy ConsuitonU, APPROVED UUJ FOR ntOJECI NO. PER CONDITIONNO. Orn^NNINOCOMMtSSJONfUSOUmOH NO- . BENCHMARK JMBET ^ OF X afgn SHEET 3 OF 4 SHEETS C.T. 09-01 G.PA. 09-01 M.P. 02-03(8) P.U.D. 03-01 S.D.P. 09-0! Z.C. 09-0! ROBERTSON RANCH EAST VILLAGE KJOOf~ ©ZOOfl O'Ooy Consultants, inc. ^ MHtnK « SHEET 4 OF 4 SHEETS C.T. 09-0! G.P.A. 09-01 U.P. 02-03(B) P.U.D. 09-01 S.D.P. 09-01 Z.C. 09-01 _U 407E - TRUCK TURNING CXH/SIT /i<SH5£s $***&MK3SX.W %<£^ ROBERTSON RANCH EAST VILLAGEt ftAHNIfK AKt. 22 APPROVED BENCHMARK IMUW H-tC SKfTT OMfBlff ©2008 O'Dcy Consultants, Inc. u: coutrr earn IAOS (Na aufcovwawiytt*n at.iut tuc A ss.2*2. re SMH mtt-1 t* 15. MM KfclW' onmm ouuuvj oiHivtt 01 CONSTRAINTS NOTES: am.tx MHXS.WjHJEBoats. .,__._._.&rxa& or wist ... . KSfate* nunaasw euaa/is. . SITE VICINITY MAP ©2008 O'Doy CDnsuftanls, Inc. LEGAL DESCRIPTION Lor 3 aflUf iSMSI £ti - {tcoutrraax FLOOD ZONE DESIGNATION OTT cf aasHi am iuf f/ti ctaa c oitat * oftf IMSX jf 20f X - jlKfS iMSOC Sf SM XM fttXO ftjVf AfO KHf i£- BAXfUXX SLEWIXeG SBBKKD CIVIL ENGINEER/ LAND SURVEYOR OWNER/DEVELOPER EASEMENTS (3 ED ; m '• COHSWSKSH BOBttHT tl fMX OF C ffXKSZL fUCfOf (TCflKOi «W8A yum EtSMfKT M FAVOP v mijuiM43, fl«r jw OF cmau gfarnK. • f, wsflr &s&aff M rum SF sx*£/MOT *» or Oman xfcenox in V S*K CCSO XWKXD JUtf O.'. KBLT rexnxs twsst x I»SAS nsxna Jtauvt r n tax AS fit tm xvf-eazxw or cmon «a»sns A nag: vawr s nsuc rmtsautt tcass usxxrFAMH of BK arr CF cAK&to KOKXS Mur t, xa laof-axes?? or SHEET 1 OF 3 SHEETS C.T. 09-01 G.P.A. 09-01 M.P. 02-03(B) P.U.D. 09-01 S.D.P. 09-01 Z.C. 09-01 0 . E3 . r/ cr or avoir atnorseKigunamuKOSE tfSHUiXK BENCHMARK CONSTRAINTS MAP FOR ROBERTSON RANCH EAST VILLAGE PLANNING AREA 22 SH£[T 1 OF ! SHEETS c&muNt tr& cMato KM.ATPOHain SHOW OH-S2mas iioo-j : caairr K»at ifKLS (Ho. axamtnr.a»aa.o<iu) sun wait use * es SHEET 2 OF 3 SHEETS C.T. 09-01 G.P.A. 09-01 M.P. 02-03(B) P.U.D. 09-01 S.D.P. 09-01 Z.C. 09-01 SLOPE SUMMARY: PIAHMHG <WX 22 - m xarivma.sr \CONSTRAINTS MAP FOR ROBERTSON RANCH EAST VILLAGE PLANNING AREA 32 ©2008 O'Doy Ccnsuttonts. Inc. SHEET J OF J SHEETS C.T. 09-01 G.P.A. 09-01 U.P. 02-03(8) P.U.O. 09-0! S.D.P. 09-0! Z.C. 09-01 ff&OPE SUMMARY; PUHHING AKA & - 10.07 ACRES art/ft za CONSTRAINTS MAP FOR ROBERTSON RANCH EAST VILLAGE PLANNING AREA 22 jjfnor ID arias for fovzmuiOf totiKM softer comm. ©2008 O'Doy Consultants, he. BENCHMARK axfxtnt era awo E1ENWO* tuf fffotinospm oxfo«H)OtIUt KS.C t ££ SHOTS Of 3 SHEETS C.T. 09-01 G.P.A. 09-01 M.P. 02-03(B) P.U.D. 09-01 S.D.P. 09-01 Z.C. 09-01 o <CDC o O_c-•—I "E CO or "c C AS1 J C.T. 09-01 G.P.A. 09-01 M.P. 02-03(8) P.U.D. 09-01 S.D.P. 09-01 Z.C. 09-01 EAST ELEVATION NORTH ELEVATION WEST ELEVATION SOUTH ELEVATION ENCLOSURE PLAN ri ^ ^^ RNISH LEGEND • - BWCW1T K-'-W PWCl f* 1 f'] I MIT"* Hli*«5 T«!StD VJ r l WIM JMHJMC3 - P«*UtO M1- ' I SKJn" <"OJ*m TBCCRV K»i r jrn 5"** «"Q" - ""' *«wr Q^T] *cco" TU - cm UWBU- *• » I.W-T at toju.r^._, l *U* SIKFIWI - COLOB UCSIIW o Ijlll CD C "5 C/3CoO iSQ_ LU fi Or t C II*cc AS2 ICANON RD. I SITE SECTION A-A PARKING OPENlSPACE SITE SECTION B-B CANON RD.srreENTRY OPEN SPACE SITE SECTION C-C SITE ELEVATION - FACING WEST ALONG CANON RD. C.T. 09-01 G.P.A. 09-01 M.P. 02-03(8) P.U.D. 09-01 S.D.P. 09-01 Z.C. 09-01 ft CDC '-j— J 13U)CoO CO CD y c & OB19SS E— E ASS C.T. 09-01 G.P.A. 09-01 M.P. 02-03(8) P.U.D. 09-01 S.O.P. 09-01 Z.C. 09-01 JTIAJ TypoV-NR UtFtoor 22.160IM 22,160 if.3nJFIoor: 21,680if. Totii: 66,000 if. 1 i IQRRSKJR cSSA— ESSiiiJ | I —-® 1st FLOOR PLAN |1 ^ =s O) C o O C/3 is O>c'c Caratruoitvi Set A1 C.T. 09-01 G.P.A. 09-01 M.P. 02-03(8) P.U.D. 09-01 S.D.P. 09-01 Z.C. 09-01 Three Story Office Building i TypeV-NR 1st Floor: 22.160 2nd FLOOR PLAN fl £> C/5-^eO f~o O) coO CO or A2 o ® ® i )/• /jj \J 0) @ J 1 fl rv-i s * ( L };-; \h"" rr~~" rL L^i — vp^:] i .. VL j'^a ,r^i, r^i, " \ / :-/ \\ \® (>) \ r^i , , M_ .. [ t i CORSES i ! I " i .: ': ' i ' '' } <\ '• BC VTHH OJ i I«OCF— , Is : I : ^ \ :^XL ® ® («> ® „ rt r*• I1— <™ uu— -uu u • | Three Storv Office fiuildlna 1 ! 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VOTE: 5-0-2 AYES: Chairperson Montgomery, Commissioner Baker, Commissioner Douglas, Commissioner L'Heureux, and Commissioner Schumacher NOES: None ABSENT: None ABSTAIN: Commissioner Dominguez and Commissioner Nygaard Chairperson Montgomery directed everyone's attention to the slide on the screen to review the procedures the Commission would be following during that evening's Public Hearing. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. PLANNING COMMISSION PUBLIC HEARING Chairperson Montgomery asked Mr. Neu to introduce the first item. 1. CDP 09-14/V 09-03 - PHIPPS RESIDENCE - Request for a Coastal Development Permit for the illegal construction of an existing 404-square-foot partial enclosure over an existing patio area, a fireplace/chimney, a built-in barb'eque, and a block wall on the eastern portion of an existing single-family residence; and a Variance to allow a zero foot front yard setback for the block wall and fireplace/chimney and a 2.5-foot front yard setback for the patio cover and other structures on Ocean Street, as measured from the existing property line. The Variance would also allow the existing block wall and fireplace/chimney to remain in the future public right-of-way of Ocean Street subject to the recordation of an Irrevocable Offer of Dedication (IOD) and the execution of an Encroachment Agreement. The project is within the City's Coastal Zone located at 3015 Ocean Street within the Mello II Segment of the Local Coastal Program (LCP) and Local Facilities Management Zone 1. Mr. Neu introduced Agenda Item 1 and stated the applicant has withdrawn the application and therefore no action is required by the Planning Commission. Chairperson Montgomery asked Mr. Neu to introduce the next item. 2. GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/SDP 09-01/PUD 09-01 - ROBERTSON RANCH PA 22 - Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum; a recommendation of approval for a General Plan Amendment, Zone Change, Master Plan Amendment, Tentative Tract Map, and Site Development Plan, and a request for approval of a Non-Residential Planned Development Permit to allow for the subdivision of a 10.07 acre site into four lots with 49 airspace condominium office units and the development of a 66,000 square foot three-story office building and permanent RV storage area on property generally located south of Cannon Road, east of El Camino Real, at the southeast corner of the intersection of Wind Trail Way and Cannon Road, within the Robertson Ranch Master Plan, Planning Area 22 and the "Option Parcel," in Local Facilities Management Zone 14. Planning Commission Minutes December 16, 2009 Page 3 Mr. Neu introduced Agenda Item 2 and stated Associate Planner Jason Goff would make the staff presentation. Chairperson Montgomery opened the public hearing on Agenda Item 2. Mr. Goff gave a detailed presentation and stated he would be available to answer any questions. Chairperson Montgomery asked if there were any questions of Staff. Commissioner Baker asked if the commercial center planned for Robertson Ranch will also have office space. Mr. Goff stated it is zoned Local Shopping Center and Community Facilities; however, there could still be associated offices within that center. Commissioner L'Heureux stated he is concerned with placing office buildings on this site, and asked why this particular site was chosen to have office space. Mr. Goff stated it was initially identified for residential; however leading up to the hearing for the original approval of that site, the residential portions were removed from Planning Area 22 in response to the opposition from the public. The site was then identified as an unplanned parcel. There have been extensive amounts of uses proposed, such as industrial, commercial, senior housing, a fire station, more residential housing, and a church, for this site which have not been supported by Staff and the neighboring Rancho Carlsbad community. This current proposal is supported by the Rancho Carlsbad community. Commissioner Schumacher asked how the parcel (lot 3) to the east will be accessed. Mr. Goff stated that as part of the project an access was relocated to the east of the lot. There will also be access from the west side of parcel 1 as well through an existing easement. Chairperson Montgomery asked if the option parcel is part of this proposal. Mr. Goff stated no, and that the land use would remain the same but it will be reduced in size. Chairperson Montgomery further asked if the RLM portion of the option parcel will be developed with mobile homes as it is currently designated by the General Plan, and if so, how it will be accessed. Mr. Goff responded there are no proposals currently to develop the site. Mr. Goff stated access to the site could be at the intersection of Hilltop Street and Cannon Road. Commissioner Dominguez asked if Staff had completed any visioning in regards to the options available for the Option Parcel. Mr. Goff stated no. Chairperson Montgomery asked if the applicant wanted to make a presentation. Paul Klukas, Planning Systems, 1530 Faraday Avenue Suite 100, Carlsbad, gave a brief presentation and stated he would be available to answer any questions. Chairperson Montgomery asked if there were any questions of the applicant. Commissioner Baker stated she is worried the site will be an orphan at that site. Mr. Klukas agrees with the comment; however he feels this is the best available option at this point. Commissioner Baker asked if they have done their research so she can be assured that they have thought of the challenges that this site will bring. Commissioner Nygaard asked if medical offices have been looked at. Mr. Klukas stated years ago, there was a huge demand for medical offices; however the demand has changed in the past 2 years in the city. Commissioner Schumacher asked if the medical office was excluded because of the parking standard. Mr. Goff stated that was correct. Planning Commission Minutes December 16, 2009 Page 4 Commissioner Dominguez asked if the applicant controls the Option Parcel and if they have done any visioning for the parcel. Mr. Klukas stated yes, and the property will be granted to the Rancho Carlsbad Mobile Home Park. Commissioner L'Heureux asked when that grant will happen. Mr. Klukas stated it is a private matter but it is contingent upon the approval of this project tonight. Chairperson Montgomery stated he is concerned with the grant or exchange of properties. Ms. Mobaldi advised the Commission that the private arrangements regarding the grant are not part of the Commission's purview and need to be disregarded. Commissioner Nygaard asked the project's architect, Mark Langan, representing Smith Consulting Architects, 12220 El Camino Real, San Diego, about the treatment for the wood trellis on the third floor. Mr. Langan stated it is proposed to be a kiln dried lumber with a polyurethane coating, and further stated other options can be pursued noting there is a concern with the Commission. Chairperson Montgomery asked if there were any further questions of the applicant. Seeing none, he opened public testimony. Mary Anne Viney, 2796 James Drive, Carlsbad, representing Preserve Calavera, stated there are 4 remaining issues with this project: RV parking, in-lieu fees to mitigate the impacts to sensitive habitat, no limits on water usage, and HMP edge effect conditions. Commissioner L'Heureux stated that traffic was one of the issues listed in the letter prepared by Diane Nygaard from Preserve Calavera. Commissioner L'Heureux asked if Preserve Calavera is satisfied with Staff's response to the traffic issues. Ms. Viney stated she believes so but she would need to speak with Ms. Nygaard. Bill Arnold, 3432 Don Ortega Drive, Carlsbad, representing Rancho Carlsbad, stated the residents support the project, and Rancho Carlsbad will keep the Option Parcel as open space. Commissioner L'Heureux asked Mr. Arnold to clarify why the residents of Rancho Carlsbad support the West Senior Living project to the east but did not want this site to have residential. Mr. Arnold stated that they have not yet seen the plans for the West Senior Living project but it will be 1,000 feet away from Rancho Carlsbad. Chairperson Montgomery asked if Mr. Arnold would be opposed to having the option parcel zoned as open space. Ms. Mobaldi stated that the Commission cannot ask that that be done. She further stated that if the Commission did want to propose that, it would need to be on a future agenda to consider a Resolution of Intention to recommend to the City Council that the parcel be rezoned. Russ Kohl, 3316 Don Pablo, Carlsbad, stated he supports the project as it is proposed. Ken Cablay, 701 Palomar Airport Road Suite 300, Carlsbad, representing the Robertson Family Trust, stated he supports the project. Commissioner Douglas asked if the RV storage area will serve both villages. Mr. Goff stated yes. Chairperson Montogmery asked if there were any other members of the audience who wished to speak on the item. Seeing none, he closed public testimony and asked Staff to respond to the issues raised during public testimony. Mr. Neu responded to Ms. Viney's comments about RV parking stating that Staff does not think the standard which was recently changed in the Planned Development Ordinance needs to be revised. ' Planning Commission Minutes December 16, 2009 Page 5 Commissioner Dominguez asked if grasscrete could be used to solve the issues with the impervious surfaces. Mr. Neu stated that at this point, in terms of the surfaces, Staff handles it on a project by project basis as the Engineering Department determines if the project complies with the water quality regulations. Commissioner Douglas asked how many master plans have RV storage and how full they are. Mr. Neu stated that Staff has done a very basic assessment and those sites seem to be popular. Mr. Neu stated that in regard to the in-lieu fees, the City did adopt those fees subsequent to the Habitat Management Plan. The City has collected funds from various projects in which land is not being preserved as part of the preserve system and it is to satisfy one of the City's obligation to acquire land outside of the preserve boundaries. The City has been in ongoing negotiations with the various property owners to finalize the acquisition. The plan did not have a deadline for a point in time in which the City has to make the acquisition only that it was prior to the expiration of the permit. Commissioner Douglas stated that Ms. Viney was asking for a report, and asked where the report can be found. Mr. Neu stated there is an annual report on the Habitat Management Plan and it can be found on the City's web site. Mr. Goff stated that in regards to the limits on water usage for the site, the site will be using reclaimed water. Mr. Neu stated that effective January 2010 the state has imposed new regulations for water for landscaping. Staff is currently working to update the City's Landscape Manual to be in compliance with the new state regulations. Mr. Goff further stated that the use of drought tolerant plants, especially along the southern boundary, may not provide enough of a visual screening of the project for the adjacent neighbors to the south in Rancho Carlsbad. Commissioner L'Heureux asked about water saving conditions such as low flow toilets. Mr. Neu stated the project would be subject to the water district's regulations in place at the time of construction. Commissioner Schumacher asked if this parcel was included in the original EIR for the master plan. Mr. Goff stated a majority of the site was included. Mr. Goff stated the project is already integrating all of the edge effect conditions for the HMP. Commissioner Dominguez asked if the project can be reviewed against the HMP as changes occur during the course of construction. Mr. Goff stated for erosion control, there will be devices in place during construction. Mr. Neu added that if some of the issues are construction impacts, there are grading inspections that take place, and a landscape consultant will inspect the final installation. Commissioner L'Heureux stated that he is concerned how the traffic from this project will impact the area, particularly the intersection of El Camino Real and Cannon Road, with all the other construction such as the new high school and the Planning Areas within Robertson Ranch. Glen Van Peski, Senior Civil Engineer, stated there are improvements to the intersection of El Camino Real and Cannon Road proposed in the Capital Improvement Program. Commissioner L'Heureux asked how the timing of those improvements will impact this project. Doug Bilse, Traffic Systems Engineer, stated there was a concern about the left turn movement from southbound El Camino Real onto Cannon Road. Staff asked the developer to analyze the need for dual left turn lanes at that point. The analysis showed that at the peak hours, this project will not generate enough traffic to warrant that; however, if it is needed, there is enough space in the right-of-way to create an interim dual left turn. Commissioner L'Heureux asked if the analysis took into consideration the new high school. Mr. Bilse stated there are negotiations currently taking place with the high school regarding the extension of College Boulevard to provide the relief needed for both El Camino Real and Cannon Road. Commissioner L'Heureux asked who would pay for the additional left turn lane if it was determined it was needed prior to the extension of College Boulevard. Mr. Bilse stated it is already a condition of Robertson Ranch so it will eventually be constructed. Commissioner L'Heureux asked what triggers the construction of a dual left turn lane. Mr. Bilse stated it would be triggered if our traffic monitoring program records level of service E but a dual left turn lane cannot be conditioned as part of this development because the traffic study concluded this project does not significantly impact the intersection. Planning Commission Minutes December 16, 2009 Page 6 Commissioner Dominguez asked that a Resolution of Intention be placed on a future agenda for the rezoning of the option parcel. DISCUSSION Commissioner Baker stated she is concerned about this project. Through the actions of the Planning Commission and City Council, this problem has been created. She feels the office site will be isolated with this proposal. Commissioner L'Heureux feels that in a master plan such as this, office space is useful and an important component. This however feels like it is stuck on at the last minute, like an orphan, and does not feel it is good planning. He is not happy with this use at this location. Commissioner Nygaard stated she is wrestling with this project as well, and it probably is not the best planning. She further stated her concerns regarding the wood railings. Commissioner Schumacher stated the possible uses are limited for this site, and he does not know how it will function with an office. It is supported by the neighbors and it is probably the best solution for this site. Commissioner Dominguez stated that while he has reservations with this project, he feels the proposal is good, and he can support this project. Commissioner Douglas stated her concurrence with Commissioner Dominguez and she can support the project. Chairperson Montgomery stated that even though all parties and residents involved agree with the proposal, he feels it is not the best use of the space. He stated he can support the project. Commissioner Baker stated she is also concerned regarding the wood trellis. She stated she would be willing to leave it to the discretion of the Planning Director. MOTION ACTION: Motion by Commissioner Douglas, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6657 recommending adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, and adopt Planning Commission Resolutions No. 6658, 6659, 6660, 6661, and 6662, recommending approval of a General Plan Amendment (GPA 09-01), Zone Change (ZC 09-01), Master Plan Amendment (MP 02-03(B)), Tentative Tract Map (CT 09-01), and Site Development Plan (SDP 09- 01), and adopt Planning Commission Resolution No. 6663, approving a Non- Residential Planned Development Permit (PUD 09-01) based on the findings and subject to the conditions contained therein including the product of the wood trellis being at the Planning Director's discretion for the Site Development Plan. VOTE: 7-0 AYES: Chairperson Montgomery, Commissioner Baker, Commissioner Dominguez, Commissioner Douglas, Commissioner L'Heureux, Commissioner Nygaard, and Commissioner Schumacher NOES: None ABSENT: None ABSTAIN: None Planning Commission Minutes December 16, 2009 Page 7 Commissioner Baker asked Ms. Mobaldi if it is acceptable that a request to rezone the Option Parcel as open space come from the Commission since the City is not the landowner. Ms. Mobaldi stated yes, and if the Commission approved the Resolution of Intention, it would need to be approved by the City Council because they would need to direct Staff to do the work involved. MOTION ACTION: Motion by Commissioner Douglas, and duly seconded, that the Planning Commission place on a future agenda a Resolution of Intention to rezone the Option Parcel as open space. VOTE: 7-0 AYES: Chairperson Montgomery, Commissioner Baker, Commissioner Dominguez, Commissioner Douglas, Commissioner L'Heureux, Commissioner Nygaard, and Commissioner Schumacher NOES: None ABSENT: None ABSTAIN: None Chairperson Montgomery closed the public hearing on Agenda Item 2 and asked Mr. Neu to introduce the next item. 3. CT 04-10(A)/CP 04-05(A)/SDP 04-07(A)/CDP 04-23(A) - POINSETTIA PLACE - Request for a determination that the project is within the scope of a previously adopted Mitigated Negative Declaration for GPA 04-12/LCPA 04-11/ZC 04-08/CT 04-10/CP 04- 05/SDP 04-07/CDP 04-23 and that the Mitigated Negative Declaration adequately described the project for the purposes of CEQA and a recommendation of approval of amendments to a previously approved Tentative Tract Map CT 04-10, Condominium Permit CP 04-05, and Coastal Development Permit CDP 04-23 and the rescission of Site Development Permit SDP 04-07 to subdivide 20.4 acres into 82 airspace condominium units on property generally located southeast of the intersection of Cassia Road and Poinsettia Lane in the Mello II segment of the Local Coastal Program and in Local Facilities Management Zone 21. Mr. Neu introduced Agenda Item 3 and stated Senior Planner Christer Westman would make the staff presentation. Chairperson Montgomery opened the public hearing on Agenda Item 3. Mr. Westman gave a brief presentation and stated he would be available to answer any questions. Chairperson Montgomery asked if there were any questions of Staff. Commissioner L'Heureux asked if there will be a wall that separates the project site from the adjacent open space. Mr. Westman stated there is a chain link fence along the southerly edge of the site. Commissioner L'Heureux asked if there will be a fence at the emergency access entrance. Mr. Westman stated no. Commissioner L'Heureux stated he is concerned that the residents might use the open space for their own use. Mr. Westman stated that if the Commission desired, Staff can ensure that more fencing of the open space lot is included as part of the project conditions. Mr. Westman further stated that there is the standard condition for the Habitat Management preservation program required for this project so that additional measures can be taken once the land is dedicated to an open space manager. Commissioner L'Heureux asked what type offence would be recommended. Mr. Westman stated a black plastic coated chain link fence would most likely be the type recommended. PROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter, I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: January 16th, 2010 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at ESCONDIDO, California This 18th day of Proof of Publication of NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, 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, January 26, 2010, to consider adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum; and approving a General Plan Amendment, Zone Change, Master Plan Amendment, Tentative Tract Map, and Site Development Plan on property generally located south of Cannon Road, east of El Camino Real, at the south- east corner of the intersection of Wind Trail Way and Cannon Road, within the Robertson Ranch Master Plan, Planning Area 22 and the "Option Parcel," in Local Facilities Management Zone 14 and more particularly described as: Lot 3 of Carlsbad Tract No. 02-16, Robertson Ranch East Village, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 15608, filed in the Office of the County Recorder of San Diego County, September 18, 2007; and Parcel 2 of Parcel Map No. 19804, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, August 3, 2005 as Instrument No. 2005-0659805 of Official Records. Jane Allshouse NORTH COUNTY TIMES Legal Advertising Whereas, on December 16, 2009, the City of Carlsbad Planning Commission voted 7-0 to recommend adoption of a Mitigated Negative Declaration and Mit- igation Monitoring and Reporting Program and Addendum; recommend approval of a General Plan Amendment, Zone Change, Master Plan Amend- ment, Tentative Tract Map, and Site Development Plan, and approved a Non-Residential Planned Development Permit to allow for the subdivision of a 10.07 acre site into four lots with 49 airspace condominium office units and thedevelopment of a 66,000 square foot three-story office building and permanent RV storage area on property generally located south of Cannon Road, east of El Camino Real, at the southeast corner of the intersection of Wind Trail Way and Cannon Road, within the Robertson Ranch Master Plan, Planning Area 22 and the "Option Parcel," in Local Facilities Management Zone 14. 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 January 22,2010. If you have any questions, please contact Jason Goff in thePlanning Department at (760) 602-4643 or jason.goff@carlsbadca.gqv. The time within which you may judicially challenge this General Plan Amend- ment, Zone Change, Master Plan Amendment, Tentative Tract Map and/or Site Development Plan, if approved, is established by state law and/or city ordi- nance, and is very short. If you challenge the General Plan Amendment, Zone Change, Master Plan Amendment, Tentative Tract Map and/or Site Develop- ment 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 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/SDP 09-01 CASE NAME:ROBERTSON RANCH PA 22 PUBLISH: January 16, 2010 NCT 2245586 CITY OF CARLSBAD CITY COUNCIL Easy Peel Labels Use Avery® TEMPLATE 5160®J^Feed Paper See Instruction Sheet j for Easy Peel Feature ^ CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AVE SAN MARCOS CA 92069 \ AVERY® 5160® ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 701 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 OLIVENHAIN WATER DISTRICT 1966OLIVENHAINRD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV 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 DISTRICT 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 AV 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 CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 ATTN TEDANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CITY OF CARLSBAD PROJECT PLANNER SCOTT MOLLOY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 Etiquettes faciles a peler . 'rift _.• *.*«ri Consultez la feuille construction www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® Bend along line to ' expose Pop-Up Edge™ j AVERY® 5160® !i BETTY L BRADFIELD 5279 DON RICARDO DR CARLSBAD CA 92010 WELLS FARGO BANK 18700 NW WALKER RD #92 BEAVERTON OR 97006 A P F INVESTMENTS L P 826 ORANGE AVE #295 CORONADOCA92118 DELORES J WEKSLER 3545 DON CARLOS DR CARLSBAD CA 92010 HARRY A & ELEANOR T TORREY 5241 DON RICARDO DR CARLSBADCA92010 BSHARAH FAMILY TRUST 11-15-06 5239 DON RICARDO DR CARLSBADCA92010 JOSEPH M & VALERIE D PASCUCCI 5227 DON RICARDO DR CARLSBAD CA 92010 ONEIL FAMILY TRUST 05-02-1994 5215 DON RICARDO DR# 134 CARLSBAD CA 92010 ROBERT P & MARY L LANDES 5211 DONRICARDODR CARLSBADCA92010 FRANCIS X & JULIANNE M HUNDSHAMER 5201 DON RICARDO DR CARLSBADCA92010 ANNE C WOODARD 5165 DON RICARDO DR CARLSBADCA92010 HOWARD S DATTAN 5163 DONRICARDODR CARLSBADCA92010 ARDYTH COURTNEY-MARSTON 8804 RIVER RISE DR CORDOVA TN 38016 MARY A BLAIR 3860 RIVIERA DR #202 S AN DIEGO CA 92109 JAMES L & LOIS T UNDERWOOD 5136 DON RICARDO DR CARLSBAD CA 92010 WILLIAM C MANN 2701 OCEAN ST CARLSBAD CA 92008 WILHELMINA J KERKLAAN-GRAY 5118 DONRICARDODR CARLSBAD CA 92010 BLACKLEDGEFAMILY TRUST 05-14-09 5101 DON RICARDO DR CARLSBADCA92010 GIBSON FAMILY TRUST 5119 DONRICARDODR CARLSBAD CA 92010 JAMES & CATHERIN BOWEN 5125 DON RICARDO DR CARLSBADCA92010 CAPTIOL TRUST 140 E STETSON AVE HEMET CA 92543 SULLIVAN FAMILY TRUST 06-12-95 3480 DON LORENZO DR CARLSBAD CA 92010 TERRY W & BARBARA E STEPHENS 5147 DONRICARDODR CARLSBAD CA 92010 MARVIN B & LORRAINE F CHRISTLE 5155 DONRICARDODR CARLSBAD CA 92010 JERRY & SUZANNE TEMPESTA 68 RICE RD WAYLANDMA01778 MARIA T M1CHIELI 5114 DON MIGUEL DR CARLSBAD CA 92010 BORGE FAMILY TRUST 08-02-90 5120 DON MIGUEL DR CARLSBADCA92010 HODGES FAMILY TRUST 07-02-96 5126 DON MIGUEL DR CARLSBAD CA 92010 Etiquettes faciles a peler LARSON INTERVIVOS TRUST 04-08-88 5134 DON MIGUEL DR CARLSBAD CA 92010 Sens de Repliez a la hachure afin de | reveler le rebord Pop-Up™ J RICHARD E BLAKELEY 5140 DON MIGUEL DR CARLSBAD CA 92010 www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® Bend along line to expose Pop-Up Edge™050 AVERY® 5160® ! DUNCAN FAMILY TRUST 03-13-03 12528 SORA WAY SAN DIEGO CA 92129 DON W & BETTY A RITTER 5106 DON MAT ADR CARLSBADCA92010 STEPHENSON LIVING TRUST 04-13-90 5110DONMATADR CARLSBADCA92010 DEELEY-BARNARD FAMILY TRUST 09-06-03 5116DONMATADR CARLSBADCA92010 HILDA J SHAW 5120 DON M ATA DR CARLSBADCA92010 CHARLINE GROGAN 5124DONMATADR CARLSBADCA92010 GORDON L & LUCILLE H DUFFIN 5128 DON RODOLFO DR CARLSBADCA92010 STOABS FAMILY TRUST 01-27-95 5184 DON RODOLFO DR CARLSBADCA92010 RAYNEL I PRUITT 5136 DON RODOLFO DR CARLSBADCA92010 MILLIARD FAMILY TRUST 07-18-94 5140 DON RODOLFO DR CARLSBADCA92010 JAFFE LIVING TRUST 12-10-91 5144 DON RODOLFO DR CARLSBADCA92010 ANNE S WELLS 5148 DON RODOLFO DR CARLSBADCA92010 ROGER C & PEGGY P SHADRICK 5152 DON RODOLFO DR CARLSBAD CA 92010 SANDRA J HALL 5156 DON RODOLFO DR CARLSBADCA92010 TOM & HARRIET M WATSON 5160 DON RODOLFO DR CARLSBADCA92010 JOE P MOZINGO 5164 DON RODOLFO DR CARLSBADCA92010 HUGH J & BARBARA I STIPP 5168 DON RODOLFO DR CARLSBADCA92010 CLARENCE A & JUDITH H JUHL 5172 DON RODOLFO DR CARLSBADCA92010 BRUCE B & NANCY G HENDERSON 5176 DON RODOLFO DR CARLSBAD CA 92010 MURPHEY FAMILY TRUST 07-20-90 5180 DON RODOLFO DR CARLSBADCA92010 STOABS FAMILY TRUST 01-27-95 5184 DON RODOLFO DR CARLSBADCA92010 HEATHMAN FAMILY TRUST 10-26-99 5186 DON RODOLFO DR CARLSBAD CA 92010 HESTER FAMILY TRUST 02-14-89 5188 DON RODOLFO DR CARLSBADCA92010 LAUBE FAMILY TRUST 07-15-09 5190 DON RODOLFO DR CARLSBADCA92010 RUPERT C & DORRIS M MORGAN 5192 DON RODOLFO DR CARLSBADCA92010 JOE R & SHIRLEY A BEEMER 5194 DON RODOLFO DR CARLSBAD CA 92010 HARRY L OOSTEROM 5198 DON RODOLFO DR CARLSBADCA92010 JULES W & HELEN R GAGE 5163 DON RODOLFO DR CARLSBADCA92010 Etiquettes faciles a peter LOUIS J ESKIBORN 5155 DON RODOLFO DR CARLSBADCA92010 A Sens de Repliez a la hachure afin de | reveler le rebord Pop-UprM J JOYCE M IRREVOCABLE GRANTOR BRISTOW 359 IDLEWILD LN OCEANSIDE CA 92054 www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® Bend along line to expose Pop-Up Edge™050 -HP AVERY® 5160® !i ROBERT S & PATRICIA WYATT 3443 DON ALVAREZ DR CARLSBAD CA 92010 JEAN E COSTAIN 1358 COUNTY ROAD 687 ANGLETONTX77515 PARK TRUST 01-20-02 3427 DON ALVAREZ DR CARLSBAD CA 92010 MARY J GROESBECK 3419 DON ALVAREZ DR CARLSBADCA92010 LAWRENCE D TURNER 3411 DON ALVAREZ DR CARLSBADCA92010 SUSAN DEVANE 5157DONMATADR CARLSBADCA92010 JAMES C & NOREEN M WALTRIP 3406 DON COTA DR CARLSBAD CA 92010 ROBERT H LYMAN 3414 DON COTA DR CARLSBAD CA 92010 JOHN G & M MARLYS GLEDHILL 3422 DON COTA DR CARLSBADCA92010 DAVID W & JEAN E CRAWFORD 3430 DON COTA DR CARLSBADCA92010 ANN & BILL TAYLOR 3438 DON COTA DR CARLSBADCA92010 EARL J MUNRATH 3446 DON COTA DR CARLSBADCA92010 EMIL & JEAN SCHIMPF 3454 DON COTA DR CARLSBADCA92010 WILLIAM M BENJAMIN 9860 LA TORTOLA PL S AN DIEGO C A 92129 GERALD G & KATHLEEN A JOINT CRAMM 3445 DON COTA DR CARLSBADCA92010 MCKINNEY FAMILY REVO CABLE TRUST 06-01-98 3437 DON COTA DR CARLSBADCA92010 JOHN D & KARLA O ANTOL 3429 DON COTA DR CARLSBADCA92010 WILMA MILLER 18831 HIGHLAND VALLEY RD RAMONA CA 92065 ROBERT J MOLLE 3413 DON COTA DR CARLSBADCA92010 ARTING STALL FAMILY TRUST 02-13-91 3407 DON COTA DR CARLSBADCA92010 DOLORES JOHNSON 5302 DON ALVAREZ DR CARLSBADCA92010 SNOW FAMILY TRUST 01-04-01 5310 DON ALVAREZ DR CARLSBADCA92010 CADE INTER VIVOS TRUST 04-08-87 5318 DON ALVAREZ DR CARLSBAD CA 92010 LYMAN W BROWN 5326 DON ALVAREZ DR CARLSBADCA92010 VAVEL J & JUDKINS CAROL J WRIGHT 5342 DON ALVAREZ DR CARLSBAD CA 92010 SCHAAF FAMILY TRUST 09-02-84 23840 PARK BELMONTE CALABASASCA 91302 VALERIE A CLEM 5358 DON ALVAREZ DR CARLSBADCA92010 JOHN O & ALLEGRA ERNST 2408 1 STAVE S AN DIEGO C A 92101 SUZANNE MURRAY 3402 DON JOSE DR CARLSBADCA92010 DONNA M & SHEAHAN LAURIE A ULLMAN 3408 DON JOSE DR CARLSBADCA92010 Etiquettes faciles a peler i I.:I:,A, U ~ = K = ri+ fl\/ppY® A Sens de Repliez a la hachure afin de ] reveler le rebord Pop-Up™ ] www.avety.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160®expose Pop-Up Edge™ i AVERY® 5160® GUESS FAMILY EXEMPTION TRUST 06-05-74 P O BOX 675550 RANCHO SANTA FE CA 92067 BARNETT FAMILY TRUST 10-23-03 3420 DON JOSE DR CARLSBADCA92010 CONSTANCE R GLAUSER 7345 ALTIVA PL CARLSBAD CA 92009 KENNETH E & DIANE B COTTINGHAM 350 NW 175THST SHORELINE WA 98177 JOHN & SANDRA L HUNSICKER 3438 DON JOSE DR CARLSBADCA92010 NEAL FAMILY TRUST 06-02-00 3444 DON JOSE DR CARLSBADCA92010 CURTIS TRUST 01-08-85 27800 CANAL RD #407 ORANGE BEACH AL 36561 CHARLES & SHARON SAIDENBERG 3456 DON JOSE DR CARLSBADCA92010 EVELYN SELKOWITZ 3462 DON JOSE DR CARLSBADCA92010 V1NCENZO D DIMINNO 3468 DON JOSE DR CARLSBADCA92010 JOSEPH A & BEATRICE H HRACA 3474 DON JOSE DR CARLSBADCA92010 MCLEOD FAMILY TRUST 08-04-02 3475 DON JOSE DR CARLSBAD CA 92010 GREGORY H & ISABEL KUVER PSC82 APOAE09710 KOPLOF FAMILY TRUST 02-19-01 3457 DON JOSE DR CARLSBADCA92010 ARTHUR & CARMEN GREER 3449 DON JOSE DR CARLSBADCA92010 FIVE CONTINENTS FITNESS HOLDINGS A/S 7770 REGENTS RD #113 SAN DIEGO CA 92122 PRICE FAMILY TRUST 10-19-72 3433 DON JOSE DR CARLSBAD CA 92010 CALLAHAN SURVIVORS TRUST 04-09-93 3423 DON JOSE DR CARLSBADCA92010 ENIGENBURG FAMILY TRUST 06-22-99 3415 DON JOSE DR CARLSBAD CA 92010 SOCORRO R ANDERSON 3420 DON JUAN DR CARLSBAD CA 92010 RAY E & VERNA M KRAHN 3438 DON JUAN DR CARLSBADCA92010 GRACE E SLAUGHTER 3434 DON PORFIRIO DR CARLSBAD CA 92010 CHRISTY LIVING TRUST 11-05-02 3444 DON PORFIRIO DR CARLSBADCA92010 KEN & MARY RIEMERSMA 3452 DON PORFIRIO DR CARLSBADCA92010 DAVID A PUZO 3460 DON PORFIRIO DR CARLSBAD CA 92010 BRUCE KIRBY 3468 DON PORFIRIO DR CARLSBADCA92010 PAMELA DUNNIGAN 3476 DON PORFIRIO DR CARLSBADCA92010 JONES FAMILY TRUST 01-12-04 3489 DON PORFIRIO DR CARLSBADCA92010 DONALD J & CYNTHIA LADD 15885 FETLOCK LN CHINO HILLS CA 91709 SIMMONS FAMILY TRUST 03-19-90 3473 DON PORFIRIO DR CARLSBADCA92010 Etiquettes faciles a peler i i*:i;r«, !„ naharit AX/FBY® 5160®Sens de Repliez a la hachure afin de | reveler le rebord Pop-Up™ ! www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Tern plate 5160®Bend along line to j fK,0 - < expose Pop-Up Edge™ ! ^AVERY® 5160® BARBARA J SMITH 3485 DON ARTURO DR CARLSBAD CA 92010 MILTON H & LAVONNE M REITER 3479 DON ARTURO DR CARLSBADCA92010 E S B PRIVATE TRUST 05-26-06 PO BOX 64142 #100 STPAUL, MN55164 SULLIVAN FAMILY TRUST 3467 DON ARTURO DR CARLSBAD CA 92010 BARBARA A COREY 3461 DON ARTURO DR CARLSBADCA92010 KATHERINE L CHARTRAW 3464 DON ARTURO DR CARLSBADCA92010 HERBERT A PINSKE 3449 DON ARTURO DR CARLSBADCA92010 ROSA WINTERS-DEREUS 3443 DON ARTURO DR CARLSBAD CA 92010 ANSELL FAMILY LIVING TRUST 03-14-95 3437 DON ARTURO DR CARLSBADCA92010 ALLEN FAMILY TRUST 12-09-91 3431 DON ARTURO DR CARLSBADCA92010 NELLIE J FISSORI 3430 DON LORENZO DR CARLSBADCA92010 NANCY M PIPPEN 3432 DON LORENZO DR CARLSBADCA92010 NEIL B & MONICA L CONWAY 3436 DON LORENZO DR CARLSBADCA92010 JOANN MCCRACKEN 3438 DON LORENZO DR CARLSBADCA92010 KATHERINE L CHARTRAW 3464 DON ARTURO DR CARLSBADCA92010 SALIBO FAMILY TRUST 02-16-04 3444 DON LORENZO DR CARLSBAD CA 92010 THOMAS V BABA 3446 DON LORENZO DR CARLSBADCA92010 JOAN R SCHNEIDER 3448 DON LORENZO DR CARLSBADCA92010 JANET L HAINES P O BOX 235092 ENCIN1TAS CA 92023 MARTHA D WEBBER 3499 DON PORFIRIO DR CARLSBADCA92010 GERALD & JOAN M NICKLIN 3454 DON LORENZO DR CARLSBADCA92010 MONTE L & LINDA D THORNBURG 3456 DON LORENZO DR CARLSBADCA92010 DONALD L & MARILYN E VOLGAMORE 3481 DON LORENZO DR CARLSBADCA92010 PODRUP TRUST 06-25-96 3460 DON LORENZO DR CARLSBAD CA 92010 FRANK & MARY J MCLEOD 7656 SUMMERFIELD DR VERONA WI 53593 ROBERT STANSLOW 3464 DON LORENZO DR CARLSBADCA92010 CAROL N IRREVOCABLE WHEELER 36240 PECAN CT FREMONT CA 94536 BRYAN A MACE 3468 DON LORENZO DR CARLSBAD CA 92010 WALTER & ELEANOR M MALEN 3470 DON LORENZO DR CARLSBAD CA 92010 D & S GORDINIER 3472 DON LORENZO DR CARLSBAD CA 92010 Etiquettes faciles a peler I I4.:iioo-. lo oaKarit AX/FRY® MKO®Sens de reveler le rebord Pop-Up™ www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160®Bend along line to expose Pop-Up Edge™AVERY® 5160® ROBERT D & LAURA CULBERT 3476 DON LORENZO DR CARLSBAD CA 92010 GARY F & REBECCA J WEISS 3478 DON LORENZO DR CARLSBADCA92010 SULLIVAN FAMILY TRUST 06-12-95 3480 DON LORENZO DR CARLSBADCA92010 ENGELHARD FAMILY TRUST 05-22-96 3484 DON LORENZO DR CARLSBADCA92010 BERRY FAMILY TRUST 04-09-03 3488 DON LORENZO DR CARLSBADCA92010 BEVERLY A BOITANO 3485 DON LORENZO DR CARLSBADCA92010 MARILYN E VOLGAMORE 3481 DON LORENZO DR CARLSBADCA92010 WILLIAM R KNOWLES 3479 DON LORENZO DR CARLSBADCA92010 VIOLET B STRINGER 3475 DON LORENZO DR CARLSBADCA92010 CYNTHIA G PETERSON 4565 PURDUE AVE NE SEATTLE WA 98105 BONNIE L LAYNE 3469 DON LORENZO DR CARLSBADCA92010 BARBARA A BUTLER 3467 DON LORENZO DR CARLSBADCA92010 MURIEL SIEH 3465 DON LORENZO DR CARLSBADCA92010 IRIS J GOODRIDGE CHU 3461 DON LORENZO DR CARLSBAD CA 92010 KATHERINE M WOOD 3459 DON LORENZO DR CARLSBADCA92010 LENORA HAJDAS P O BOX 2867 PETALUMA CA 94953 TERSOLO TRUST 04-13-8 3453 DON LORENZO DR CARLSBAD CA 92010 GEORGE S MITCHELL 3449 DON LORENZO DR CARLSBADCA92010 JOHN O & ALLEGRA ERNST 2408 1ST AVE SAN DIEGO CA 92101 VINCENT & JAN L LOMBARDI 3445 DON LORENZO DR CARLSBADCA92010 VANDE-ZANDE FAMILY TRUST 04-06-04 3443 DON LORENZO DR CARLSBADCA92010 TIM W & MARY L WAGNON 3439 DON LORENZO DR CARLSBAD CA 92010 MARGO MATA 3437 DON LORENZO DR CARLSBAD CA 92010 RUNNER FAMILY LIVING TRUST 06-12-97 3433 DON LORENZO DR CARLSBAD CA 92010 GENEVIEVE M BAUMEISTER 3431 DON LORENZO DR CARLSBAD CA 92010 CASHION SURVIVORS TRUST 10-25-91 2378 TERRAZA RIBERA CARLSBAD CA 92009 ARNOLD FAMILY TRUST 07-01-0 3432 DON ORTEGA DR CARLSBAD CA 92010 BLANCO FAMILY 2004 TRUST 03-11-04 145 RYAN WAY OCEANSIDE CA 92054 Etiquettes faciles a peler i i*:i: — _ !„ „„»,-,..:+ AWCDV® MAIDMENT FAMILY LIVING TRUST 09-23-96 3438DONORTEGADR CARLSBAD CA 92010 Sens de Repliez a la hachure afin de | reveler le rebord Pop-Up™ J FRANK & RUTH KAMPMANN 3440 DON ORTEGA DR CARLSBADCA92010 www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® Bend along line to { expose Pop-Up Edge™ i AVERY® 5160® THOMAS V GAMES 3479 DON ORTEGA DR CARLSBADCA92010 DAVID R & MARILYN M SWEARINGEN 3475 DON ORTEGA DR CARLSBADCA92010 DAWSON FAMILY SURVIVORS TRUST 3473 DON ORTEGA DR CARLSBADCA92010 ELIZABETH R LEBARON 3471 DON ORTEGA DR CARLSBADCA92010 SCHENK FAMILY TRUST 07-25-02 3467 DON ORTEGA DR CARLSBAD CA 92010 STOABS FAMILY TRUST 01-27-95 5184 DON RODOLFO DR CARLSBADCA92010 WILLIAM & HELEN CHESTNUT 5271 DON VALDEZDR CARLSBADCA92010 DAPELLO/KEYES FAMILY TRUST 08-04-04 3451 DON ORTEGA DR CARLSBADCA92010 TED G & KATHLEEN A SPRAGUE 3445 DON ORTEGA DR CARLSBADCA92010 MADELYN M HALEY 3443 DON ORTEGA DR CARLSBADCA92010 JOYCE F BOYLE 3441 DON ORTEGA DR CARLSBADCA92010 SCHUMACHER FAMILY TRUST 08-15-02 3439 DON ORTEGA DR CARLSBADCA92010 JOHN M HODGKINS 3435 DON ORTEGA DR CARLSBAD CA 92010 RONALD & MARIANNE MCCULLAH 3433 DON ORTEGA DR CARLSBAD CA 92010 GRITZMAKER TRUST 07-03-90 3446 DON JUAN DR CARLSBADCA92010 SUSAN M ODELL 3450 DON JUAN DR CARLSBADCA92010 WALTER T & MILDRED V HANSEN 3454 DON JUAN DR CARLSBADCA92010 LEONARD B & CAROLYN A FOLEY 3458 DON JUAN DR CARLSBADCA92010 LEWIS A & JENNIFER L CORREIA 3462 DON JUAN DR CARLSBAD CA 92010 STONE FAMILY TRUST 3464 DON JUAN DR CARLSBADCA92010 JOEL P HEFNER 3468 DON JUAN DR CARLSBADCA92010 WILLIAM H & SUSAN P WILSON 3472 DON JUAN DR CARLSBADCA92010 EIFER FAMILY TRUST 04-15-04 3474 DON JUAN DR CARLSBADCA92010 ALLAN P & MARTHA S BRENNAf 3478 DON JUAN DR CARLSBADCA92010 JAMES H & JANICE B NEWLOVE 2749 ABERDEEN LN EL DORADO HILLS CA 95762 LEONA M BROOKS 3505 DON CARLOS DR CARLSBAD CA 92010 DAYL HESTER 3515 DON CARLOS DR CARLSBADCA92010 HANDELMAN FAMILY 1998 TRUST 3523 DON CARLOS DR CARLSBADCA92010 SANDRA M ABBAMONTE 3531 DON CARLOS DR CARLSBAD CA 92010 ALBERTA AMOS 3539 DON CARLOS DR CARLSBADCA92010 Etiquettes faciles a peler . .^!l: I ,l>-,.;«. Al/CDV®Sens de Repliez a la hachure afin de j reveler le rebord Pop-Up™ www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® Bend along line to j expose Pop-Up Edge™AVERY® 5160® i ROBERT V WERNER 3497 DON ALBERTO DR CARLSBAD CA 92010 RONALD V SIMES 3491 DON ALBERTO DR CARLSBADCA92010 WAYMAN FAMILY TRUST 03-12-91 3485 DON ALBERTO DR CARLSBADCA92010 PAUL J & GERALDINE I CORW1N 3479 DON ALBERTO DR CARLSBAD CA 92010 DORIS F HERMES 3471 DON ALBERTO DR CARLSBADCA92010 BANK OF AMERICA TR TRUST NO 66-11-111-5081510 3463 DON ALBERTO DR CARLSBADCA92010 HART LIVING TRUST 11-18-04 3455 DON ALBERTO DR CARLSBAD CA 92010 RONALD L & PATRICIA A COUSINEAU 3449 DON ALBERTO DR CARLSBAD CA 92010 NANCY A KILGORE 3443 DON ALBERTO DR CARLSBADCA92010 PERCY N & MARGARET J GRIDDLE 1070MCTAVISHRD CANADA V8L5T4 MERLE J & BARBARA S BEVIS 3431 DON ALBERTO DR CARLSBADCA92010 SCOTELLA FAMILY TRUST 11-20-89 3420 DON ALBERTO DR CARLSBADCA92010 RICHARD W & SHARON L DABNEY 42561 W JAIL HOUSE ROCK CT MARICOPAAZ85138 BETTY KENNEDY 2729 LA GRAN VIA CARLSBAD CA 92009 VIOLA WOLF-RICHARDSON 340 OLD MILL RD # 194 SANTA BARBARA CA 93110 MARILYN M ALLEN 3446 DON ALBERTO DR CARLSBADCA92010 DONNA GOOLEY 3454 DON ALBERTO DR CARLSBADCA92010 RAYMOND P & MARETTA SWARTZ 7043 VIA CANDREJO CARLSBAD CA 92009 JOHN O & ALLEGRA ERNST 2408 1 STAVE S AN DIEGO C A 92101 CARL J SCHUMACHER 3476 DON ALBERTO DR CARLSBAD CA 92010 WARNER FAMILY TRUST 02-26-0 3484 DON ALBERTO DR CARLSBAD CA 92010 BURMEISTER FAMILY TRUST 11-09-01 3490 DON ALBERTO DR CARLSBAD CA 92010 MARLEY C WHITE 3496 DON ALBERTO DR CARLSBADCA92010 DAVID A & JOANNE F HARDY 4802 HAMER DR PLACENTIA CA 92870 DOROTHY L RICCI 3457 DON CARLOS DR CARLSBAD CA 92010 DOROTHY S SPARKS 3453 DON CARLOS DR CARLSBADCA92010 ROBERT W & DEBORAH M DINSMORE 1541 9TH ST SANTA MONICA CA 90401 HELEN P FROMM 3445 DON CARLOS DR CARLSBAD CA 92010 RAQUEL C WILSON 3441 DONCARLOSDR CARLSBADCA92010 LILIANE G ALBERTS 3437 DON CARLOS DR CARLSBADCA92010 Etiquettes faciles a peler n*:i: --- l~ ,,-,K -,.-!* AX/CRV® A Sens de Repliez a la hachure afin de j reveler le rebord Pop-Up™ ! www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® Bend along line to J expose Pop-Up Edge™ i 050 AVERY® 5160® !i KANTER FAMILY TRUST 02-17-09 3433 DON CARLOS DR CARLSBADCA92010 STEPHEN L & JUDITH CUSTODERO 3429 DON CARLOS DR CARLSBAD CA 92010 FREDERIC J W KOOLHOF 3425 DON CARLOS DR CARLSBADCA92010 SUE M TENEYCK 3410 DON CARLOS DR CARLSBADCA92010 MOTT KOHL 3414 DON CARLOS DR CARLSBADCA92010 LAJOYE LIVING TRUST 05-13-04 3418DONCARLOSDR CARLSBADCA92010 PHEGLEY REVOCABLE TRUST 01-24-96 3422 DON CARLOS DR CARLSBAD CA 92010 MARVIN & PATRICIA GAMZA 3426 DON CARLOS DR CARLSBAD CA 92010 JACK G LAVEILLE 4660 CORAL WOOD CIR CARLSBAD CA 92008 CASEY FAMILY TRUST 12-14-94 PO BOX 910529 SAN DIEGO CA 92191 WAYMAN FAMILY TRUST 03-21-91 3438 DON CARLOS DR CARLSBAD CA 92010 REBECCA A DOTY-ROGERS 2292 BRYANT DR CARLSBAD CA 92008 RUTH S BROWN 3446 DON CARLOS DR CARLSBAD CA 92010 EDWARD M & KAREN J MATSON 3450 DON CARLOS DR CARLSBAD CA 92010 STITH LIVING TRUST 12-29-00 3454 DON CARLOS DR CARLSBAD CA 92010 ELLEN J GLADDEN 3458 DON CARLOS DR CARLSBAD CA 92010 PAULA L BRADY-RUBIN 3479 DON JUAN DR CARLSBADCA92010 DENEAU TRUST 10-29-93 3473 DON JUAN DR CARLSBADCA92010 BONNIE B SAWYER 3467 DON JUAN DR CARLSBADCA92010 MURRAY & BLANCHE B AWERMAN 12965 NW 18TH MNR PEMBROKE PINES FL 33028 ALEXANDER & JEANIE A PASQUALINE 3455 DON JUAN DR CARLSBADCA92010 DENIS & DOROTHY HOBSON 3449 DON JUAN DR CARLSBAD CA 92010 ROBERT G KNIPPELBERG 3443 DON JUAN DR CARLSBAD CA 92010 LUTHER A & ALTA M ALEXANDER 3439 DON JUAN DR CARLSBADCA92010 KIM S & CHERYL A FROKE 3457 DON LORENZO DR CARLSBADCA92010 WEIGEL C & JANET L TED 5418DONFELIPEDR CARLSBADCA92010 DOROTHY B WOOD 5426 DON FELIPE DR CARLSBADCA92010 WILLIAM E MAUPIN 5434 DON FELIPE DR CARLSBAD CA 92010 WILLIAM F & MARTHA H DWELLEY 2771 WILSON ST CARLSBAD CA 92008 CAROLYN F LAMBERT 5452 DON FELIPE DR CARLSBADCA92010 Etiquettes faciles a peler m.:i: I 1—.»:+ AV/COV® «51fifl®Sens de Repliez a la hachure afin de | reveler le rebord Pop-Up™ ! www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® Bend along line to j <9C/> -' expose Pop-Up Edge™ j ""AVERY® 5160® PAMELA S DUNAVAN 5460 DON FELIPE DR CARLSBAD CA 92010 VIRGIL L & MARY MINKS 5459 DON FELIPE DR CARLSBADCA92010 GIBBIA FAMILY TRUST 04-24-07 5451 DON FELIPE DR CARLSBADCA92010 ROBERT L & NANCY L KNIGHT 5443 DON FELIPE DR CARLSBAD CA 92010 THOMAS P HALEY 5435 DON FELIPE DR CARLSBAD CA 92010 BLANCHARD FAMILY TRUST 06-30-93 510EATONTOWNRD PORTJERVISNY 12771 MOURAD NAJARIAN 5419 DON FELIPE DR CARLSBAD CA 92010 DENNIS J & LINDA K PAULSON 1721 ARYAN ADR ENCINITAS CA 92024 ROMY C MEACHAM 5405 DON FELIPE DR CARLSBADCA92010 JOHN O & ALLEGRA ERNST 2408 1ST AVE S AN DIEGO C A 92101 ANDERSON FAMILY TRUST 02-22-91 5446 DON LUIS DR CARLSBAD CA 92010 BETTY KENNEDY 2729 LA GRAN VIA CARLSBAD CA 92009 JOANNE OVERLAND 5430 DON LUIS DR CARLSBADCA92010 PRATT FAMILY TRUST 10-22-03 5422 DON LUIS DR CARLSBADCA92010 BOOK FAMILY TRUST 02-13-90 5414 DON LUIS DR CARLSBADCA92010 SAMUEL & NORMA RUSSELL 5406 DON LUIS DR CARLSBAD CA 92010 LEONARD H & JOANNE C ERNST 5455 DON LUIS DR CARLSBADCA92010 JEAN A MILLER 5447 DON LUIS DR CARLSBADCA92010 CAROLYN VAUGHAN-CHALDY 5439 DON LUIS DR CARLSBADCA92010 MENNING FAMILY TRUST 03-25-91 5431 DON LUIS DR CARLSBAD CA 92010 KATZ LIVING TRUST 12-09-98 5423 DON LUIS DR CARLSBADCA92010 CHARLES E SAAR 5415 DON LUIS DR CARLSBAD CA 92010 ALDRICH FAMILY TRUST 11-03-89 5407 DON LUIS DR CARLSBAD CA 92010 MYERS FAMILY TRUST 09-04-98 3428 DON JUAN DR CARLSBADCA92010 PEDROTTA FAMILY TRUST 08-27-96 3442 DON JUAN DR CARLSBADCA92010 CALAVERA HILLS II LLC 12865 POINTE DEL MAR DR DEL MAR, CA 92130 ROBERTSON FAMILY TRUST 4129 DEL MAR TRAIL RD. DEL MAR, CA 92130 RANCHO CARLSBAD OWNERS ASSOC. 5200 EL CAMINO REAL CARLSBAD, CA 92010 Etiquettes faciles a peler . 1.1:1: . l~ ~,K->..;t AV/PRY® S1fiO®Sens de In -i rrt « m n nt Repliez a la hachure afin de j reveler le rebord Pop-Up™ www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160®i i Bend along line to ' expose Pop-Up Edge™ !AVERY® 5160® DELORES J WEKSLER 3545 DON CARLOS DR CARLSBADCA92010 GARRY L & LAKE JOCELYN L FOSTER 3553 DON CARLOS DR CARLSBAD CA 92010 PAUL M & MARJORIE E JOHNSTON 3561 DON CARLOS DR CARLSBADCA92010 PHYLLIS E DELANGE 3569 DON CARLOS DR CARLSBADCA92010 PRICE FAMILY TRUST 11-18-05 PO BOX 2314 CARLSBADCA92018 FARKAS FAMILY TRUST 08-31-88 3665 MARIA LN CARLSBAD CA 92008 RICHARD J & SHARON J GULIZIA 3522 DON JUAN DR CARLSBAD CA 92010 MITCHELL FAMILY IRREVOCABLE TRUST 3530 DON JUAN DR CARLSBADCA92010 LOUISE M HORNA 3538 DON JUAN DR CARLSBADCA92010 ELAINE SIMONTON 3546 DON JUAN DR CARLSBADCA92010 RONALD A & BARBARA L MILLER 3554 DON JUAN DR CARLSBADCA92010 DAVID W & JUDY D JENKS 3562 DON JUAN DR CARLSBADCA92010 MILLER FAMILY TRUST 06-08-87 440 CASTANYA CT DANVILLE CA 94526 JOSEPH A & GERALDINE M CINKO 3571 DONJUANDR CARLSBADCA92010 BLANCO FAMILY 2004 TRUST 145 RYAN WAY OCEANSIDE CA 92054 GILBERT LIVING TRUST 02-28-83 3555 DON JUAN DR CARLSBADCA92010 PETRACH REVOCABLE LIVING TRUST 05-03-90 3547 DON JUAN DR CARLSBAD CA 92010 KOSCIELSKI FAMILY TRUST 03-02-92 3539 DON JUAN DR CARLSBADCA92010 Mr. , CA Etiquettes faciles a peler n*:i:ro., |Q n3Kari+ AV/FRY® 5160®Sens de Repliez a la hachure af in de j reveler le rebord Pop-Up™ ! www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® Bend along line to expose Pop-Up Edge™050-HI \M AVERY® 5160® !i ROCHELLE GERLICH 3442 DON ORTEGA DR CARLSBAD CA 92010 MIGUEL J BOURS 3753 CAVERN PL CARLSBADCA92010 RICHMOND H & VERONICA K WARREN 3446 DON ORTEGA DR CARLSBAD CA 92010 WILLIAMS FAMILY TRUST 02-14-99 27591 SILVER CREEK DR SAN JUAN CAPISTRA CA 92675 ELAINE FREER 3454 DON ORTEGA DR CARLSBADCA92010 READ FAMILY TRUST 3456 DON ORTEGA DR CARLSBADCA92010 ROBERT S & JAN B VANSLYKE 1765 EVERGREEN AVE JUNEAUAK 99801 JAMES J & PAULINE E KLINKO 22027 SEVEN HILLS DR HEMET CA 92545 TERRANCE C & DEBORAH A NEWMAN 1153KINGSWAYRD#3 WEST CHESTER PA 19382 DENA DEAN 3468 DON ORTEGA DR CARLSBAD CA 92010 LOUISE K ANNABLE 3470 DON ORTEGA DR CARLSBADCA92010 ALBERT & MARY PAULEK 3474 DON ORTEGA DR CARLSBADCA92010 NAUTA FAMILY TRUST 09-18-87 3478 DON ORTEGA DR CARLSBAD CA 92010 FLORENCE E ATKINS 3534 DON CARLOS DR CARLSBAD CA 92010 Etiquettes faciles a peler -, la naKarit AX/FRY® 5160®Sens de Repliez a la hachure afin de | reveler le rebord Pop-Up™ ! www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® Bend along line to j expose Pop-Up Edge™AVERY® 5160® ii JAMES A &- PATRICIA R LAYMAN 3465 DON PORFIRIO DR #284 CARLSBAD CA 92010 DOROTHY L KAISER 3457 DON PORFIRIO DR CARLSBAD CA 92010 JEAN T MALTROTTI P O BOX 746 CORNVILLE AZ 86325 LUCIEN & MARION COURTNEY 3441 DON PORFIRIO DR CARLSBAD CA 92010 DAVID & CHRISTY ROBERTA TANCREDI 3444 DON PORFIRIO DR CARLSBADCA92010 STEVEN HARKINS 3432 DON ARTURO DR CARLSBADCA92010 CORALIE A BENTLEY 3440 DON ARTURO DR CARLSBAD CA 92010 ALBENO L & MARY BOTTO 3446 DON ARTURO DR CARLSBADCA92010 CHRISTINA R ARMSTRONG 3452 DON ARTURO DR CARLSBADCA92010 GRACE THULIN 3458 DON ARTURO DR CARLSBADCA92010 KATHERINE L CHARTRAW 3464 DON ARTURO DR CARLSBADCA92010 ONE MCDUFFEE 189PEPPERELLRD HOLLIS NH 03049 GERALD L BAKER 3480 DON ARTURO DR CARLSBAD CA 92010 ALBERT C & MARY P ROBLES 3488 DON ARTURO DR CARLSBADCA92010 Etiquettes faciles a peler i 1.—:* AV/CDV® A Sens de Repliez a la hachure at in de { reveler le rebord Pop-Up™ www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® Bend along line to expose Pop-Up Edge™AVERY® sieo® MARTIN C WESLEY 5139 DON RODOLFO DR CARLSBAD CA 92010 SALVATORE & ALICE M DIELI 5131 DON RODOLFO DR CARLSBAD C A 92010 MARTIN R & GLADYS K CARBONE 5123 DON RODOLFO DR CARLSBAD CA 92010 ROCK FAMILY TRUST 08-20-91 5178 DON MAT ADR CARLSBADCA92010 OSCAR H KUVER 4431 PACIFIC COAST HWY #L202 TORRANCE CA 90505 JERALD K & ELIZABETH H GARBER 5166 DON MAT ADR CARLSBADCA92010 THOMSON FAMILY TRUST 09-20-06 5158DONMATADR CARLSBAD CA 92010 RICHARD & MELINDA BARKER 5150 DON M ATA DR CARLSBAD CA 92010 PATRICIA K WHERLEY 5144 DON MAT ADR CARLSBADCA92010 HELLEN F STEADMAN 5132DONMATADR CARLSBADCA92010 DAVID R & ELLEN V CUNRADI 5128 DON MAT ADR CARLSBADCA92010 ROBINSON FAMILY TRUST 06-01-88 5117 DON RODOLFO DR CARLSBADCA92010 WES J SABOURIN 5101 DONMATADR CARLSBADCA92010 CHARLOTTE STOLMAKER 5107 DONMATADR CARLSBAD CA 92010 ANAMAE B CRANDALL 5115 DONMATADR CARLSBADCA92010 ROBERT K TESTAMENTARY ETNIRE PO BOX 85552 SAN DIEGO CA 92186 JUDITH A MOORE 5129 DONMATADR CARLSBAD CA 92010 BARKER N JEAN 5135 DONMATADR CARLSBADCA92010 LARRY R & JUDY L BREM 5143 DONMATADR CARLSBADCA92010 SUCHWALA FAMILY TRUST 03-10-94 5151 DONMATADR CARLSBADCA92010 PACE FAMILY LIVING TRUST 12-21-91 5157 DONMATADR CARLSBADCA92010 CATHY L BUSBY 5163 DONMATADR CARLSBADCA92010 GALLERY FAMILY TRUST 07-31-96 3415 DON JOSE DR CARLSBAD CA 92010 ELYSIA BOOZER 5177 DONMATADR CARLSBAD CA 92010 S & S TRUST 04-04-84 5183 DONMATADR CARLSBADCA92010 Etiquettes faciles a peler • •-••• • 1 :» AWCOV® «;iRn®Sens de Repliez a la hachure afin de j reveler le rebord Pop-Up™ ! www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® Bend along line to ' expose Pop-Up Edge™ !AVERY® 5160® !i LARRY L & SHARI R STEELE 5146 DON MIGUEL DR CARLSBADCA92010 CAROLEE P ZIEGMAN 5157 DON MIGUEL DR CARLSBAD CA 92010 GLADYS LIPTON 211 SAXONY RD #262 ENCINITAS CA 92024 THEIS FAMILY TRUST 02-15-06 5145 DON MIGUEL DR CARLSBAD CA 92010 DARRYL & CINDY SMITH 5139 DON MIGUEL DR CARLSBADCA92010 HARMUTH FAMILY TRUST 07-05-89 5133 DON MIGUEL DR CARLSBADCA92010 BETTY E LOWE 5127 DON MIGUEL DR CARLSBAD CA 92010 MARTHA L LANCIAL 5121 DON MIGUEL DR CARLSBAD CA 92010 DALE & DONNA REICH 5115 DON MIGUEL DR CARLSBADCA92010 PAUL RETSCH 6460 CONVOY CT #87 SAN DIEGO CA 92117 MAHRDT FAMILY MARITAL TRUST 05-24-90 5105 DON MIGUEL DR CARLSBADCA92010 JOHANSSON FAMILY TRUST 03-19-87 5101 DON MIGUEL DR CARLSBADCA92010 Etiquettes faciles a peler •"••-••- i u~_:.4. AMCDV® RiAn®Sens de Replies a la hachure afin de reveler le rebord Pop-Up™ www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® Bend along line to expose Pop-Up Edge™050 - 3 7\M AVERY® 5160® JAMES & MARLYS MOIR 3379 DON PABLO DR CARLSBADCA92010 FRANCIS T & BARBARA J FOX 3385 DON PABLO DR CARLSBADCA92010 JOSEPH M JOHNSON 3340 DON PABLO DR CARLSBADCA92010 GENE & ARLENE DEFREITAS 5382 DON RICARDO DR CARLSBADCA92010 CONCETTA MCALLISTER 5310 DON MIGUEL DR CARLSBADCA92010 PARVINDOKHT GHASSEMI 5318 DON MIGUEL DR CARLSBADCA92010 I M C ASSET MANAGEMENT CO 6171 W CENTURY BLVD #100 LOS ANGELES CA 90045 KRIMIAN FAMILY 2002 TRUST 5330 DON MIGUEL DR CARLSBAD CA 92010 IM C ASSET MANAGEMENT CO 6171 W CENTURY BLVD #100 LOS ANGELES CA 90045 DONALD M & BARBARA M VEALE 5346 DON MIGUEL DR CARLSBAD CA 92010 JANET B RASMUSSEN 5354 DON MIGUEL DR CARLSBADCA92010 KENNETH B & HILDEGARD S SMITH 5362 DON MIGUEL DR CARLSBADCA92010 WILLIAM R & NANCY E STANLEY 10343 SFAIRFIELD AVE CHICAGO IL 60655 NADINE C BURROUGHS 5373 DON MIGUEL DR CARLSBADCA92010 CARLO & MICHELE TITONE 5365 DON MIGUEL DR CARLSBADCA92010 JESSE L & MAYER BARBARA J STILLIONS 2430 SIERRA MORENA AVE CARLSBADCA92010 EDWARD A & SHONDA D SHIPMAN 5349 DON MIGUEL DR CARLSBAD CA 92010 JOHN F & DOROTHY E GREEN 5341 DON MIGUEL DR CARLSBADCA92010 W & E WHALEN 5335 DON MIGUEL DR CARLSBADCA92010 MARK J & GERALYN M SKAPIK 5327 DON MIGUEL DR CARLSBAD CA 92010 BEAULIEU M GERTRUDE 5321 DON MIGUEL DR CARLSBAD CA 92010 JEAN NELSON 5313 DON MIGUEL DR CARLSBAD CA 92010 SHERRY L GRIEPP 5301 DONMIGUELDR CARLSBADCA92010 Etiquettes faciles a peler • ---i -i. »»irr>v® cicn®Sens de Repliez a la hachure afin de { reveler le rebord Pop-Up™ j www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160®expose Pop-Up Edge™AVERY® 5160® !i CURRENT RESIDENT 4706 EDINBURGH DR CARLSBAD CA 92010 CURRENT RESIDENT 4710 EDINBURGH DR CARLSBAD CA 92010 CURRENT RESIDENT 4714 EDINBURGH DR CARLSBAD CA 92010 CURRENT RESIDENT 4718 EDINBURGH DR CARLSBAD CA 92010 CURRENT RESIDENT 4720 EDINBURGH DR CARLSBAD CA 92010 CURRENT RESIDENT 4722 EDINBURGH DR CARLSBAD CA 92010 CURRENT RESIDENT 4726 EDINBURGH DR CARLSBAD CA 92010 CURRENT RESIDENT 4728 EDINBURGH DR CARLSBAD CA 92010 CURRENT RESIDENT 4730 EDINBURGH DR CARLSBAD CA 92010 CURRENT RESIDENT 4734 EDINBURGH DR CARLSBAD CA 92010 CURRENT RESIDENT 4738 EDINBURGH DR CARLSBAD CA 92010 CURRENT RESIDENT 4740 INVERNESS CT CARLSBAD CA 92010 CURRENT RESIDENT 4742 INVERNESS CT CARLSBAD CA 92010 CURRENT RESIDENT 4744 INVERNESS CT CARLSBAD CA 92010 CURRENT RESIDENT 4746 INVERNESS CT CARLSBAD CA 92010 CURRENT RESIDENT 4748 INVERNESS CT CARLSBAD CA 92010 CURRENT RESIDENT 2754 INVERNESS DR CARLSBAD CA 92010 CURRENT RESIDENT 2758 INVERNESS DR CARLSBAD CA 92010 CURRENT RESIDENT 2762 INVERNESS DR CARLSBAD CA 92010 CURRENT RESIDENT 2766 INVERNESS DR CARLSBAD CA 92010 CURRENT RESIDENT 4737 EDINBURGH DR CARLSBAD CA 92010 CURRENT RESIDENT 4733 EDINBURGH DR CARLSBAD CA 92010 CURRENT RESIDENT 4729 EDINBURGH DR CARLSBAD CA 92010 CURRENT RESIDENT 4725 EDINBURGH DR CARLSBAD CA 92010 CURRENT RESIDENT 4721 EDINBURGH DR CARLSBAD CA 92010 CURRENT RESIDENT 4717 EDINBURGH DR CARLSBAD CA 92010 CURRENT RESIDENT 2777 GLASGOW DR CARLSBAD CA 92010 CURRENT RESIDENT 2773 GLASGOW DR CARLSBAD CA 92010 CURRENT RESIDENT 2769 GLASGOW DR CARLSBAD CA 92010 CURRENT RESIDENT 2765 GLASGOW DR CARLSBAD CA 92010 Etiquettes faciles a peler i- ~-l --- :* AlfCDV Sens de Repliez a la hachure afin de j reveler le rebord Pop-Up™ J www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® Bend along line to j expose Pop-Up Edge™ i AVERY® 5160® CURRENT RESIDENT 2761 GLASGOW OR CARLSBAD CA 92010 CURRENT RESIDENT 2757 GLASGOW DR CARLSBAD CA 92010 CURRENT RESIDENT 2753 GLASGOW DR CARLSBAD CA 92010 CURRENT RESIDENT 2744 BANFF CT CARLSBAD CA 92010 CURRENT RESIDENT 2746 BANFF CT CARLSBAD CA 92010 CURRENT RESIDENT 2748 BANFF CT CARLSBAD CA 92010 CURRENT RESIDENT 2750 BANFF CT CARLSBAD CA 92010 CURRENT RESIDENT 2752 BANFF CT CARLSBAD CA 92010 CURRENT RESIDENT 2766 DUNDEE CT CARLSBAD CA 92010 CURRENT RESIDENT 2768 DUNDEE CT CARLSBAD CA 92010 CURRENT RESIDENT 2770 DUNDEE CT CARLSBAD CA 92010 CURRENT RESIDENT 2772 DUNDEE CT CARLSBAD CA 92010 CURRENT RESIDENT 2774 DUNDEE CT CARLSBAD CA 92010 CURRENT RESIDENT 4713 EDINBURGH DR CARLSBAD CA 92010 CURRENT RESIDENT 4709 EDINBURGH DR CARLSBAD CA 92010 CURRENT RESIDENT 4705 EDINBURGH DR CARLSBAD CA 92010 CURRENT RESIDENT 2737 STIRLING CR CARLSBAD CA 92010 CURRENT RESIDENT 4760 ABERDEEN CT CARLSBAD CA 92010 CURRENT RESIDENT 4758 ABERDEEN CT CARLSBAD CA 92010 CURRENT RESIDENT 4756 ABERDEEN CT CARLSBAD CA 92010 CURRENT RESIDENT 4754 ABERDEEN CT CARLSBAD CA 92010 CURRENT RESIDENT 4752 ABERDEEN CT CARLSBAD CA 92010 CURRENT RESIDENT 4750 ABERDEEN CT CARLSBAD CA 92010 CURRENT RESIDENT 4805 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4803 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4801 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4799 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4797 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 2742 GLASGOW DR CARLSBAD CA 92010 CURRENT RESIDENT 2740 GLASGOW DR CARLSBAD CA 92010 Etiquettes faciles a peler —••— i 1—:» AV/COV®Sens de Repliez a la hachure afin de j reveler le rebord Pop-Up™ ! www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® Bend along line to expose Pop-Up Edge™AVERY® 5160® CURRENT RESIDENT 2738 GLASGOW DR CARLSBAD CA 92010 CURRENT RESIDENT 2734 GLASGOW DR CARLSBAD CA 92010 CURRENT RESIDENT 2730 GLASGOW DR CARLSBAD CA 92010 CURRENT RESIDENT 2726 GLASGOW DR CARLSBAD CA 92010 CURRENT RESIDENT 2729 GLASGOW DR CARLSBAD CA 92010 CURRENT RESIDENT 2733 GLASGOW DR CARLSBAD CA 92010 CURRENT RESIDENT 2737 GLASGOW DR CARLSBAD CA 92010 CURRENT RESIDENT 2741 GLASGOW DR CARLSBAD CA 92010 CURRENT RESIDENT 2745 GLASGOW DR CARLSBAD CA 92010 CURRENT RESIDENT 2749 GLASGOW DR CARLSBAD CA 92010 CURRENT RESIDENT 2750 INVERNESS DR CARLSBAD CA 92010 CURRENT RESIDENT 2746 INVERNESS DR CARLSBAD CA 92010 CURRENT RESIDENT 2744 INVERNESS DR CARLSBAD CA 92010 CURRENT RESIDENT 2734 INVERNESS DR CARLSBAD CA 92010 CURRENT RESIDENT 2730 INVERNESS DR CARLSBAD CA 92010 CURRENT RESIDENT 2733 STIRLING CT CARLSBAD CA 92010 CURRENT RESIDENT 2739 STIRLING CT CARLSBAD CA 92010 CURRENT RESIDENT 2735 STIRLING CT CARLSBAD CA 92010 CURRENT RESIDENT 2743 STIRLING CT CARLSBAD CA 92010 CURRENT RESIDENT 2753 INVERNESS DR CARLSBAD CA 92010 CURRENT RESIDENT 2757 INVERNESS DR CARLSBAD CA 92010 CURRENT RESIDENT 4747 EDINBURGH DR CARLSBAD CA 92010 CURRENT RESIDENT 4749 EDINBURGH DR CARLSBAD CA 92010 CURRENT RESIDENT 4751 EDINBURGH DR CARLSBAD CA 92010 CURRENT RESIDENT 4753 EDINBURGH DR CARLSBAD CA 92010 CURRENT RESIDENT 4757 EDINBURGH DR CARLSBAD CA 92010 CURRENT RESIDENT 4761 EDINBURGH DR CARLSBAD CA 92010 CURRENT RESIDENT 4765 EDINBURGH DR CARLSBAD CA 92010 CURRENT RESIDENT 2741 STIRLING CT CARLSBAD CA 92010 CURRENT RESIDENT 4774 BROOKWOOD CT CARLSBAD CA 92010 Etiquettes faciles a peler Sens de Repliez a la hachure afin de j reveler le rebord Pop-Up™ ] www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® Bend along line to expose Pop-Up Edge™AVERY® 5160® CURRENT RESIDENT 4774 GATESHEAD RD CARLSBAD CA 92010 COLONY AT CALAVERA HILLS GRG MANAGEMENT 3088 PIO PICO DR CARLSBAD CA 92008 RANCHO CARLSBAD OWNERS ASSOC. 5200 EL CAMINO REAL CARLSBAD CA 92008 CURRENT RESIDENT 2722 GLASGOW DR CARLSBAD CA 92010 CURRENT RESIDENT 2718 GLASGOW DR CARLSBAD CA 92010 CURRENT RESIDENT 2714 GLASGOW DR CARLSBAD CA 92010 CURRENT RESIDENT 2710 GLASGOW DR CARLSBAD CA 92010 CURRENT RESIDENT 2706 GLASGOW DR CARLSBAD CA 92010 CURRENT RESIDENT 2696 GLASGOW DR CARLSBAD CA 92010 CURRENT RESIDENT 2692 GLASGOW DR CARLSBAD CA 92010 CURRENT RESIDENT 2688 GLASGOW DR CARLSBAD CA 92010 CURRENT RESIDENT 2684 GLASGOW DR CARLSBAD CA 92010 CURRENT RESIDENT 2680 GLASGOW DR CARLSBAD CA 92010 CURRENT RESIDENT 2725 GLASGOW DR CARLSBAD CA 92.010 CURRENT RESIDENT 2721 GLASGOW DR CARLSBAD CA 92010 CURRENT RESIDENT 2717 GLASGOW DR CARLSBAD CA 92010 CURRENT RESIDENT 2713 GLASGOW DR CARLSBAD CA 92010 CURRENT RESIDENT 2709 GLASGOW DR CARLSBAD CA 92010 CURRENT RESIDENT 2705 GLASGOW DR CARLSBAD CA 92010 CURRENT RESIDENT 2726 INVERNESS DR CARLSBAD CA 92010 CURRENT RESIDENT 2722 INVERNESS DR CARLSBAD CA 92010 CURRENT RESIDENT 2718 INVERNESS DR CARLSBAD CA 92010 CURRENT RESIDENT 2714 INVERNESS DR CARLSBAD CA 92010 CURRENT RESIDENT 2710 INVERNESS DR CARLSBAD CA 92010 CURRENT RESIDENT 2706 INVERNESS DR CARLSBAD CA 92010 CURRENT RESIDENT 2731 GREENOCK CT CARLSBAD CA 92010 CURRENT RESIDENT 2729 GREENOCK CT CARLSBAD CA 92010 CURRENT RESIDENT 2727 GREENOCK CT CARLSBAD CA 92010 CURRENT RESIDENT 2725 GREENOCK CT CARLSBAD CA 92010 CURRENT RESIDENT 2723 GREENOCK CT CARLSBAD CA 92010 Etiquettes faciles a peler . i«.:l: l« _,U. :« AWCDV®Sens de Repliez a la hachure afin de | reveler le rebord Pop-Up™ www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® Bend along line to j expose Pop-Up Edge™AVERY® 5160® CURRENT RESIDENT 2721 GREENOCK CT CARLSBAD CA 9 2010 CURRENT RESIDENT 2719 GREENOCK CT CARLSBAD CA 92010 CURRENT RESIDENT 2717 GREENOCK CT CARLSBAD CA 92010 CURRENT RESIDENT 2715 GREENOCK CT CARLSBAD CA 92010 CURRENT RESIDENT 4770 BROOKWOOD CR CARLSBAD CA 92010 CURRENT RESIDENT 4772 BROOKWOOD CR CARLSBAD CA 92010 CURRENT RESIDENT 4776 BROOKWOOD CR CARLSBAD CA 92010 CURRENT RESIDENT 4778 BROOKWOOD CR CARLSBAD CA 92010 CURRENT RESIDENT 4780 BROOKWOOD CR CARLSBAD CA 92010 CURRENT RESIDENT 4781 BROOKWOOD CR CARLSBAD CA 92010 CURRENT RESIDENT 4779 BROOKWOOD CR CARLSBAD CA 92010 CURRENT RESIDENT 4777 BROOKWOOD CR CARLSBAD CA 92010 CURRENT RESIDENT 4775 BROOKWOOD CR CARLSBAD CA 92010 CURRENT RESIDENT 4773 BROOKWOOD CR CARLSBAD CA 92010 CURRENT RESIDENT 4771 BROOKWOOD CR CARLSBAD CA 92010 CURRENT RESIDENT 4769 EDINBURGH DR CARLSBAD CA 92010 CURRENT RESIDENT 4773 EDINBURGH DR CARLSBAD CA 92010 CURRENT RESIDENT 4777 EDINBURGH DR CARLSBAD CA 92010 CURRENT RESIDENT 4781 EDINBURGH DR CARLSBAD CA 92010 CURRENT RESIDENT 4785 EDINBURGH DR CARLSBAD CA 9 2010 CURRENT RESIDENT 4717 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4721 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4725 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4729 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4733 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4737 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4741 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4745 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4749 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4753 GATESHEAD RD CARLSBAD CA 92010 Etiquettes faciles a peler Sens de Repliez a la hachure afin de ] reveler le rebord Pop-Up™ ! www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® Bend along line to expose Pop-Up Edge™AVERY® 5160® CURRENT RESIDENT 4757 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4761 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4765 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4769 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4734 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4738 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4742 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4746 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4750 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4754 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4758 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4762 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4768GATESHEADRD CARLSBAD CA 92010 CURRENT RESIDENT 4770 GATESHEAD RD CARLSBAD CA 92.010 CURRENT RESIDENT 4772 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4776 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4780 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4782 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4771 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4773 GATESHEAD RD CARLSBAD CA 9 2010 CURRENT RESIDENT 4775 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4777 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4781 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4783 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4785 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4787 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4789 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4791 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4793 GATESHEAD RD CARLSBAD CA 92010 CURRENT RESIDENT 4795 GATESHEAD RD CARLSBAD CA 92010 Etiquettes faciles a peler ir-r,\/<£> C1CC1®Sens de Repliez a la hachure afin de | reveler le rebord Pop-Up™ j www.avery.com 1-800-GO-AVERY January 26, 2010 GPA 09-01 / ZC 09-01 / MP 02-03(B) CT 09-01 / SDP 09-01 A R A P A H O P L G L EN AV MESA TRAIL PLDON JU A N D RDON PORFIRIO DR DON COTA DRHI LLTOP STDON ARTURO DRD O N LO REN ZO D R DON VALDEZ DRWIND TRAI L WYD O N RODOLFO DR DON ALVAREZ DR DON MATA DR DON JOSE DRDON MIGUEL DR SUM MIT TRAIL CT DON OR TEG A D R DON RICARDO DR EL CAMINO REAL C AN N ON RD GPA 09-01 / ZC 09-01 / MP 02-03(B) / CT 09-01 / PUD 09-01 / SDP 09-01 Robertson Ranch Planning Area 22 SITE MAP EL C A MINO REA L LA COSTA AVCOLLEGE BLCARLSBAD BLAVIARA PY MELROSE DR 10.07 acres General Plan Amendment (GPA) Zone Change (ZC) Master Plan Amendment (MP) Tentative Subdivision Map (CT) Site Development Plan (SDP) 0 400 800200 Feet GPA 09-01 / ZC 09-01 MP 02-03(B) / CT 09-01 SDP 09-01/ PUD 09-01 Robertson Ranch Planning Area 22 PA 22 Option Parcel PA15 PA 21 PA 12 Rancho Carlsbad Estates PA 20 PA 23F Lot 1 Lot 2 Lot 4 Lot 3 GPA 09-01 ZC 09-01 General Plan Zoning Robertson Ranch Master Plan Growth Management CEQA December 16, 2009 –Planning Commission conducted a public hearing for the Robertson Ranch PA 22 project. Four members of the public spoke. Planning Commission voted 7-0 to recommend adoption of a Mitigated Negative Declaration, Mitigation Monitoring & Reporting Program, and Addendum, and to recommend approval of a General Plan Amendment, Zone Change, Master Plan Amendment, Tentative Subdivision Map, and Site Development Plan; and to approve a Non-Residential Planned Development Permit. That the City Council ADOPT Resolution No. 2010-017, ADOPTING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, and APPROVING General Plan Amendment (GPA 09-01), Tentative Tract Map (CT 09-01), and Site Development Plan (SDP 09-01), and INTRODUCE Ordinances No. CS-075 and CS-076 APPROVING a Zone Change (ZC 09-01) and Master Plan Amendment (MP 02-03(B)), based upon the findings and subject to the conditions contained therein.