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HomeMy WebLinkAbout2010-08-24; City Council; 20344; GENERAL COMMERICAL AMENDMENT PALOMAR COMMONSCITY OF CARLSBAD - AGENDA BILL 14 AB# MTG. DEPT. 20.344 8/24/10 CED GENERAL COMMERCIAL AMENDMENT - PALOMAR COMMONS GPA 04-03/GPA 09-07/ZC 09-08 DEPT. DIRECTORS CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: That the City Council hold a public hearing and ADOPT Resolutions No.2010-213 and 2010-214 ADOPTING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and APPROVING General Plan Amendment 04-03 and General Plan Amendment 09-07, and INTRODUCE Ordinance No. cs-106 APPROVING Zone Change ZC 09-08 based upon the findings and subject to the conditions contained therein. ITEM EXPLANATION: Project Application(s) Environmental Review (MND) GPA 04-03 GPA 09-07 ZC 09-08 SDP 09-05 SUP 09-08 CUP 03-21 (A) CUP 09-07 CUP 10-05 V 10-01 Administrative Approvals Planning Commission RA RA RA RA X X X X X X City Council X X X X RA = Recommended Approval x = Final City decision-making authority On July 7, 2010, the Planning Commission conducted a public hearing and recommended to the City Council approval (5-2 (L'Heureux and Dominguez opposed)) of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, two General Plan Amendments, and a Zone Change and approved a Site Development Plan, Special Use Permit, two Conditional Use Permits, and one Conditional Use Permit Amendment for the development of a 16.65 acre site with a 185,244 square foot commercial center located at the southwest corner of Palomar Airport Road and El Camino Real in Local Facilities Management Zone 5. A proposed sign Variance was continued to a later Planning Commission hearing. As part of this project, City staff and the Planning Commission is proposing to establish a new General Plan Land Use designation of General Commercial (GC) for general commercial uses which do not fit within the two existing commercial land use designations of Local Shopping DEPARTMENT CONTACT: Van Lynch 760-602-4613 van.lvnch@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED * D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES nann Page 2 Center (L) and Regional Commercial (R). In 2001, when the Local Shopping Center land use designation was created, the Neighborhood Commercial and Community Commercial land use designations were eliminated. In 2003, staff identified the need for a General Commercial (GC) land use designation to provide for the development of a range of retail, wholesale, office, and service land uses that may not lend themselves to being located within local or regional shopping centers. The General Commercial land use designation would allow for commercial uses which do not meet the criteria for a Local Shopping Center or are not at a scale or provide enough services to be considered Regional Commercial. The proposed GPA 04-03 - General Commercial - would establish a new commercial land use designation which could be applied to sites at the discretion of the City Council. The project proposes a General Plan Land Use change from Travel/Recreation Commercial (TR) and Planned Industrial (PI) to General Commercial (GC). The proposed General Plan Land Use change is specific to and limited to the16.65 acre site. The past use of the site was the Olympic Resort and Spa which has ceased operation and is being demolished. A zone change from Commercial Tourist - Qualified development overlay zone (C-T-Q) and Planned Industrial (P-M) to General Commercial - Qualified development overlay zone (C-2-Q) is also proposed. The Palomar Commons project involves the construction and operation of a 185,244-square- foot commercial center on 16.65 acres of land located on the southwest corner of Palomar Airport Road and El Camino Real. The project features a home improvement store (153,974 sq ft), gas station and car wash, bank with drive-through, and four retail shop buildings (31,270 sq ft total). The project includes a Conditional Use Permit for the gas station and car wash, and one for the drive through facility for the bank building. An amendment to the existing Conditional Use Permit for the adjacent County Animal Shelter is also proposed to revise the access way to the shelter. A Variance application has been made for the signs proposed on the home improvement store to increase the letter heights and sign area permitted. The Planning Commission did not support the variance as proposed and continued the action on the request to a later Planning Commission hearing. The Commission directed staff to work with the applicant on an alternative proposal. FISCAL IMPACT: No fiscal impacts to the City have been identified. All required improvements and maintenance needed to serve this project will be funded and/or constructed by the developer. The project is anticipated to generate $450,000 in additional annual sales tax and $15,000 in Business License revenue. 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 air quality, green house gasses, biological resources, cultural resources, hazards, and transportation and circulation. Mitigation measures have been incorporated into the design of the project or have been placed 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 2. Page 3 Mitigation Monitoring and Reporting Program (MMRP) was published in the newspaper and sent to the State Clearinghouse for public agency review. One public comment letter was received from the Department of Toxic Substances Control during the 30-day public review period from May 26, 2010 to June 25, 2010. Their letter listed potential for current or historic uses that may have resulted in a release of hazardous waste or substances. An environmental assessment was completed for the project and the project has been conditioned to secure approvals from the County of San Diego Solid Waste Local Enforcement Agency for the implementation of methane gas mitigation measures prior to construction. EXHIBITS: 1. City Council Resolution No. 2010-213 2. City Council Resolution No. 2010-214 3. City Council Ordinance No. cs-ioe 4. Location Map 5. Planning Commission Resolutions No. 6700, 6701, 6702 and 6703 6. Planning Commission Staff Report, dated July 7, 2010 (without resolutions) 7. Draft Excerpts of Planning Commission Minutes, dated July 7, 2010. EXHIBIT 1 1 RESOLUTION NO. 2010-213 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING A MITIGATED NEGATIVE 3 DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING A GENERAL PLAN 4 AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN TO ESTABLISH A NEW GENERAL PLAN 5 LAND USE DESIGNATION OF GENERAL COMMERCIAL (GC). CASE NAME: GENERAL COMMERCIAL AMENDMENT 6 CASE NO.: GPA 04-03 7 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 8 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 9 Commission did, on July 7, 2010, hold a duly noticed public hearing as prescribed by law to 10 consider the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, as referenced in Planning Commission Resolution No. 6700, General Plan Amendment GPA 12 04-03, according to Exhibit "X" dated July 7, 2010 attached to Planning Commission Resolution No. 6701 incorporated herein by reference to establish a new General Plan Land Use designation of General Commercial (GC); and WHEREAS the Planning Commission adopted Planning Commission16 Resolutions No. 6700 and 6701 recommending to the City Council that they be approved; and WHEREAS, the City Council of the City of Carlsbad, on the 24th day of August18 2010, held a duly noticed public hearing to consider said Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and General Plan Amendment; and . WHEREAS, at said public hearing, upon hearing and considering all testimony ~~ and arguments, if any, of all persons desiring to be heard, the City Council considered all factors 23 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program 24 and General Plan Amendment. 25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad as follows: 26 1. That the above recitations are true and correct. 27 2. That the recommendation of the Planning Commission for the adoption of 28 a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and 1 approval of the General Plan Amendment are adopted and approved, and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 2 6700 and 6701 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 3 3. This action is final the date this resolution is adopted by the City Council. 4 The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: "NOTICE TO APPLICANT"6 The time within which judicial review of this decision must be sought is governed 7 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 ninetieth 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 is filed with a 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, 12 City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." 13 //7 14 '" 15 '" 16 '" 17 '" 18 '" 19 I" 20 /// 21 /// 22 "I 23 /// 24 /// 25 /// 26 /// 27 /// 28 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 24th day of August, 2010, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard, Blackburn NOES: None ABSENT: None ATTEST: [OOj)) City Clerk (SEAL) EXHIBIT 2 1 RESOLUTION NO. 2010-214 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING A MITIGATED NEGATIVE 3 DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM AND APPROVING A GENERAL PLAN 4 AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN TO CHANGE THE LAND USE DESIGNATION 5 FROM TRAVEL/RECREATION COMMERCIAL (TR) AND PLANNED INDUSTRIAL (PI) TO GENERAL COMMERCIAL (GC) 6 ON A 16.65 ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD AND EL CAMINO 7 REAL IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: PALOMAR COMMONS 8 CASE NO.: GPA 09-07 9 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 10 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on July 7, 2010, hold a duly noticed public hearing as prescribed by law to consider the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, as referenced in Planning Commission Resolution No. 6700 and General Plan Amendment14 GPA 09-07 according to Exhibit "GPA 09-07" dated July 7, 2010 attached to Planning Commission Resolution No. 6702 incorporated herein by reference to change the General Plan16 land use designation from Travel/Recreation Commercial (TR) and Planned Industrial (PI) to General Commercial (GC); and18 WHEREAS the Planning Commission adopted Planning Commission Resolutions No. 6700 and 6702 recommending to the City Council that they be approved; and „. WHEREAS, the City Council of the City of Carlsbad, on the 24th day of August, 22 2010, held a duly noticed public hearing'to consider said Mitigated Negative Declaration and 23 Mitigation Monitoring and Reporting Program and General Plan Amendment; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors 26 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program 27 and General Plan Amendment. 28 "I 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad as follows: 2 1. That the above recitations are true and correct. 3 . 2. That the recommendation of the Planning Commission for the adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and c approval of the General Plan Amendment are adopted and approved, and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. x- 6700 and 6702 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 7 3. That the application for a General Plan Amendment to change the Land 8 Use designation from Travel/Recreation Commercial (TR) and Planned Industrial (PI) to General Commercial (GC) on a 16.65 acre site generally located at the southwest corner of 9 Palomar Airport Road and El Camino Real as shown in Planning Commission Resolution No. 6702, is hereby approved. 10 4. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: 12 13 14 15 16 17 ,8 '" 19 '" 20 '" 2, '" 22 "' 23 '" 24 '" 25 '" 26 '" 27 '" 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 ninetieth 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 is filed with a 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 24th day of August 2010, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard, Blackburn NOES: None ABSENT: None "<:„*** -3-°l EXHIBIT 3 1 ORDINANCE NO. CS-106 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, ZC 09-08, 4 FROM TOURIST COMMERCIAL, QUALIFIED DEVELOPMENT OVERLAY ZONE (C-T-Q) AND PLANNED INDUSTRIAL (P-M) 5 TO GENERAL COMMERCIAL, QUALIFIED DEVELOPMENT OVERLAY ZONE (C-2-Q) ON 16.65 ACRES GENERALLY 6 LOCATED AT THE SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD AND EL CAMINO REAL IN LOCAL FACILITIES 7 MANAGEMENT ZONE 5. CASE NAME: PALOMAR COMMONS 8 CASE NO.: ZC 09-08 9 The City Council of the City of Carlsbad, California, does ordain as follows: 10 SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the 11 zoning map, is amended as shown on the map marked Exhibit "ZC 09-08," dated July 7, 2010 12 attached hereto and made a part thereof. 13 SECTION II: That the findings and conditions of the Planning Commission as set 14 forth in Planning Commission Resolution No. 6703 constitute the findings and conditions of the 15 City Council. 16 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 171 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be 1R 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 /// 1 Carlsbad City Council on the 24th day of August 2010, and thereafter 3 Ociiisueiu v-iiy PASSED AND ADOPTED at a regular meeting of the City Council of 4 the City of Carlsbad on the day of September 2010, by the following 5 vote, to wit:6 7 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of the AYES: 8 NOES: 9 ABSENT: 10 12 APPROVED AS TO FORM AND LEGALITY: 13 14 . RONALD R. BALL, City Attorney15 16 CLAUDE A. LEWIS, Mayor 17 ATTEST: (SEAL) LORRAINE M. WOOD, City Clerk Exhibit "ZC 09-08' July?, 2010 ZC 09-08 Palomar Commons M -M-<&*: ,-J EXISTING PROPOSED Related Case File No(s): GPA 04-03/GPA 09-07/SOP 09-05/SUP 09-08/ CUP 03-21(A)/CUP 09-07/CUP 10-05A/ 10-01 Zoning Designation Changes Property A. B. C. 213-020-18-00 portion 21 3-020-1 8-00 portion From: C-T-Q P-M To: C-2-Q C-2-Q \1 EXHIBIT 4 \ ' WOT TO SCALE SITEMAP Palomar Commons GPA 04-03 / GPA 09-07 / ZC 09-08 / SDP 09-05 / SUP 09-08 / CUP 03-21 (A) / CUP 09-07 / CUP 10-05 / V 10-01 0 "b* EXHIBIT 5 1 PLANNING COMMISSION RESOLUTION NO. 6700 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION 4 AND MITIGATION MONITORING AND REPORTING PROGRAM FOR A GENERAL PLAN AMENDMENT TO ESTABLISH A NEW GENERAL PLAN LAND USE 6 DESIGNATION OF GENERAL COMMERCIAL (GC), A GENERAL PLAN AMENDMENT, A ZONE CHANGE, SITE 7 DEVELOPMENT PLAN, SPECIAL USE PERMIT, VARIANCE, TWO CONDITIONAL USE PERMITS, AND ONE 8 CONDITIONAL USE PERMIT AMENDMENT FOR THE 9 ' DEVELOPMENT OF A 16.99 ACRE SITE WITH A 185,244 SQUARE FOOT COMMERCIAL CENTER LOCATED AT THE 10 SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD AND EL CAMINO REAL IN LOCAL FACILITIES 11 MANAGEMENT ZONE 5. CASE NAME: PALOMAR COMMONS 12 CASE NO: GPA 04-03/GPA 09-07/ZC 09-08/SDP 09- ! 3 05/SUP 09-08/ CUP 03-21 (A)/CUP 09-07/ CUP 10-05/V 10-01 14 WHEREAS, Pacific Sports Resort, Inc/Pacific Athletic Club Carlsbad, Inc, . , "Developer," has filed a verified application with the City of Carlsbad regarding property owned 17 by the County of San Diego, "Owner," described as 18 That portion of Palomar Airport in Lot G of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the 2Q office of the county recorder of San Diego County 21 ("the Property"); and 22 WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and 23 Reporting Program was prepared in conjunction with said project; and 24 WHEREAS, the Planning Commission did on July 7, 2010, hold a duly noticed 25 public hearing as prescribed by law to consider said request; and26 27 WHEREAS, at said public hearing, upon hearing and considering all testimony 28 and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 2 Program. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 4 - Commission as follows: 6 A) That the foregoing recitations are true and correct. 7 B) That based on the evidence presented at the public hearing, the Planning 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 Impact Assessment Form - Initial Study (EIA)," attached hereto and made a part 10 hereof, based on the following findings: 11 Findings: 12 1. The Planning Commission of the City of Carlsbad does hereby find: 13 a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and 14 Mitigation Monitoring and Reporting Program for Palomar Commons and the environmental impacts therein identified for this project and any comments thereon 15 prior to RECOMMENDING APPROVAL of the project; and b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 17 Program has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection 18 Procedures of the City of Carlsbad; and c. it reflects the independent judgment of the Planning Commission of the City of 20 Carlsbad; and 21 d. based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 22 „_ Conditions: 24 1. Developer shall implement, or cause the implementation of, the Palomar Commons Project Mitigation Monitoring and Reporting Program. 25 26 27 28 PC RESO NO. 6700 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on July 7, 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Douglas, Commissioners Baker, Montgomery, Nygaard and Schumacher Commissioners Dominguez and L'Heureux FARRAKT5?»OUGLAS, CRsirp^rson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PCRESONO. 6700 -3-It* °F XARLSBAD Planning Department www.carlsbadca.gov NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION CASE NAME: Palomar Commons CASE NO: GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-05/CUP 03- 2KAVSUP 09-08/V 10-01 PROJECT LOCATION: Southwest corner of Palomar Airport Road and El Camino Real Carlsbad. San Diego County PROJECT DESCRIPTION: A request for a General Plan Land Use Element amendment to create a new Land Use designation of General Commercial (GO and a General Plan Land Use amendment to change the existing land use from Travel Recreation/Commercial (T-R) and a portion of Planned Industrial (PI) to General Commercial (GO. A Zone Change from Commercial Tourist- Qualified development overlay (C-T-Q) and Planned Industrial (PM) (.87 ac) to General Commercial Qualified development overlay (C-2-Q) will implement the new land use designations. The Special Use Permit is for the development adjacent to the El Camino Real Scenic Corridor. The Conditional Use Permits will allow for the gas station/carwash and drive thru facility for the bank, and a modification of the entrance to the adjacent San Diego County Animal Control facility. The variance is for the modification of the overall and individual sign area and letter height allowance for the home improvement store. The project will modify the entrance to the San Diego County Animal Shelter, add a new signalized intersection on Palomar Airport Road, close the existing left turn lane onto the project site on northbound El Camino Real, and add new deceleration lanes for project entrances on Palomar Airport Rd and El Camino Real. The project will also modify the northbound left turn lane on El Camino Real to Palomar Airport Road to provide dual left turn lanes at the intersection and construct a separate eastbound right turn only lane on Palomar Airport Road at the El Camino Real intersection. The project will require grading with an import of soil material. The project site was formerly developed as the Olympic Resort and Spa, which included an 80 room hotel, restaurant, health club, spa, conference center, parking lot, tennis courts and a golf driving range. The site is surrounded by existing development, with the McClellan-Palomar Airport to the north, industrial development to the east and south, and the San Diego County Animal Control facility to the west. 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 (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence 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. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 1(760)602-4600 F (760) 602-8559 © 11 A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. 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 30 days of the date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-4613 or van.lynch@carlsbadca.gov. PUBLIC REVIEW PERIOD May 26, 2010 - June 25, 2010 PUBLISH DATE May 26, 2010 ENVIRONMENTAL IMPACT ASSESSMENT FORM - INITIAL STUDY (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-05/ CUP 03-2KAVSUP 09-08/V 10-01 DATE: May 3. 2010 BACKGROUND 1. CASE NAME: Palomar Commons 2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad 3. ' CONTACT PERSON AND PHONE NUMBER: Van Lynch - (760) 602-4613 van.lynch@carlsbadca.gov 4. PROJECT LOCATION: Southwest corner of Palomar Airport Road and El Camino Real. Carlsbad , San Diego County 5. PROJECT SPONSOR'S NAME AND ADDRESS: Sudberrv Development. Inc 5465 Morehouse Drive, Suite 260. San Diego CA 92121 6. GENERAL PLAN DESIGNATION: General Commercial (GO 7. ZONING: General Commercial (C-2) OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): County of San Diego 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: A request for a General Plan Amendment. Zone Change, Site Development Plan, Special Use Permit four Conditional Use Permits, and a Variance to allow the development of a 185.246 square foot retail commercial center on 16.55 acres located at the southwest corner of Palomar Airport Road and El Camino Real. The General Plan Amendment will create new text and Land Use designation of General Commercial (GO and change the existing land use from Travel Recreation/Commercial (T-R) and a portion of Planned Industrial (PI) to General Commercial (GC). A Zone Change from Commercial Tourist- Qualified development overlay (C-T-Q) and Planned Industrial (PM) (.87 ac) to General Commercial. Qualified development overlay (C-2-0) will implement the new land use designations. The Special Use Permit is for the development adjacent to the El Camino Real Scenic Corridor. The Conditional Use Permits will allow for the gas station/carwash and drive thru facility for the bank, and a modification of the entrance to the adjacent County Animal Control facility. The variance is for the modification of the overall and individual sign area and letter height allowance for the home improvement store. The project will modify the entrance to the San Diego County Animal Shelter, add a new signalized intersection on Palomar Airport Road, close the existing left turn lane onto the project site on northbound El Camino Real, and add new deceleration lanes for project entrances on Palomar Airport Rd and El Camino Real. The project will also modify the northbound left turn lane on El Camino Real to Palomar Airport Road to provide dual left turn lanes at the intersection and construct a separate GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-05/ CUP 10-06/CUP 03-21(A)/SUP 09-08/V 10-01 Palomar Commons eastbound right turn only lane on Palomar Airport Road at the El Camino Real intersection. The project will require grading with an import of soil material. The project site was formerly developed as the Olympic Resort and Spa, which included an 80 room hotel, restaurant, health club, spa, conference center, parking lot, tennis courts and a golf driving range. The site is surrounded by existing development, with the McClellan-Palomar Airport to the north, industrial development to the east and south, and the San Diego County Animal Control facility to the west. Rev. 10/02/09 2o GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-057 CUP 10-06/CUP 03-21(A)/SUP 09-08/V 10-01 Palomar Commons 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. O Aesthetics I I Geology/Soils E*] Noise Q Agricultural Resources 1X1 Hazards/Hazardous Materials I I Population and Housing £3 Air Quality Q Hydrology/Water Quality Q Public Services [X] Biological Resources |~1 Land Use and Planning O Recreation £3 Cultural Resources I I Mineral Resources 1X1 Transportation/Circulation I I Mandatory Findings of I I Utilities & Service Systems Significance Rev. 10/02/09 GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-05/ CUP 10-06/CUP 03-21(A)/SUP 09-08/V 10-01 Palomar Commons DETERMINATION. (To be completed by the Lead Agency) |~| I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [X] 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. |~1 I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. |~~| I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. [~~| I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. r Planner Signature Date -- /o Planning Director's Signature Date Rev. 10/02/09 /•>. GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-057 CUP 10-06/CUP 03-21(A)/SUP 09-08/V 10-01 Palomar Commons ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment (EIA) to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly adverse. • Based on an "EIA-Initial Study", if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the Rev. 10/02/09 GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-05/ CUP 10-06/CUP 03-21(A)/SUP 09-08/V 10-01 Palomar Commons 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. 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 D Potentially Significant Unless Mitigation Incorporated D Less Than Significant Impact D D No Impact D D D a-c) No Impact. The project site is located on the southwest corner of Palomar Airport Road and El Carhino Real, and is situated below the elevation of El Camino Real and along Palomar Airport Road the grade transitions east to west from at-grade to ten feet above grade, then down to five feet below grade at the western end. The site was previously developed with a commercial 80 room hotel, spa, health club, tennis courts, golf driving range and parking lot. Surrounding the site to the north across Palomar Airport Road is the McClellan-Palomar Airport, to the south are existing industrial buildings, to the east is a public utility pumping station and industrial buildings, and to the west is the San Diego County Animal Control facility. The proposed project will not have any substantially adverse effects on scenic vistas or substantially damage scenic resources within a State scenic highway by the fact of it not being located near or adjacent to any State scenic highways. The proposed project will not degrade the existing visual character or the quality of the site and its surroundings in that it was previously developed with a tourist commercial use and the proposed project has been designed to comply with the C-2 Zone and the El Rev. 10/02/09 GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-057 CUP 10-06/CUP 03-21(A)/SUP 09-08/V 10-01 Palomar Commons Camino Real Scenic Corridor development and design standards. The home improvement store is setback a minimum of 131 feet away from El Camino Real. The project will incorporate extensive landscaping along its perimeter and throughout to visually enhance its appearance. The request for a variance to modify the sign height and area allowances would not cause a significant visual impact on a scenic vista or of the site and its surroundings. d) Less than Significant Impact. The land use change from Commercial Tourist to General Commercial will not have a significant light and glare impact as both land uses would have uses which would have exterior lighting. The proposed project will replace a previous 80 room hotel, spa, health club, tennis courts, and golf driving range (non-lighted) with new buildings and parking lots. The proposed parking lots will be illuminated with standard parking lot lighting. While an increase in light will be created by the project, impacts will be minimal in that parking light fixtures and exterior building light fixtures will be shielded and directed downward to reduce impacts caused by glare. II. AGRICULTURAL RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? 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 project site is zoned for commercial uses and was previously developed with an 80 room hotel, spa, health club, tennis courts, golf driving range and parking lot. The proposed project will not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-agricultural use; does not conflict with existing zoning for agricultural use or Williamson Act contracts; and there are no agricultural uses within the vicinity of the project site, nor is the project proposing any changes, which due to its location or nature would result in the conversion of farmland to non-agricultural uses. Rev. 10/02/09 GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-057 CUP 10-06/CUP 03-21(A)7SUP 09-08/V 10-01 Palomar Commons 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 No Impact Impact D D D D D D D D D a) No Impact. The project site is located in the San Diego Air Basin which is a state non-attainment area for ozone (O$) and for particulate matter less than or equal to 10 microns in diameter (PMio). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A Plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state-mandated plan. This local plan was combined with plans from all other California non- attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. The Palomar Airport Commons project meets Rev. 10/02/09 GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-057 CUP 10-06/CUP 03-21(A)/SUP 09-08/V 10-01 Palomar Commons the criteria of the RAQS, SIP, and SANDAG's Transportation Control Measures as it provides commercial services to residents. There are no other major home improvement stores in the city of Carlsbad and consequently, residents have to drive farther distances, thereby generating increased carbon emissions, to shop. By locating this use within the city, the trip lengths will be shorter, vehicle miles traveled reduced, and vehicle emissions will be reduced. The project is located with close proximity to transit, and is also within walking distance of residential to the east, and a short distance to other residential uses in the surrounding area. The project is also located within an industrial area and will provide the area with retail services and restaurant uses. 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 with the RAQS which include the following: • Is a regional air quality plan being implemented in the project area? • Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the growth assumptions in the regional air quality plan and will in no way conflict with or obstruct implementation of the regional plan. b) Less Than Significant Impact. The closest air quality monitoring station to the project site is at Camp Pendleton. Data available for this monitoring site from 2000 through December 2004 indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (a total of 10 days during the 5-year period). No other violations of any air quality standards have been recorded during the 5-year time period. The project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with travel to and from the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. An Air Quality Report was prepared by Scientific Resources Associated which summarizes that the project construction and operational emissions are less than the significance thresholds for all pollutants. Any impact is assessed as less than significant. c) Potentially Significant Unless Mitigation Incorporated. The air basin is currently in a state non- attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. Construction emissions would include emission associated with fugitive dust, heavy construction equipment, import of fill soil material, and construction workers commuting to and from the site. Operational emissions would include emission associated with retail operations, including energy use, landscaping, and vehicular traffic. The impacts associated with both construction and operational emissions would be less than significant.'"o" Emissions of Green House gasses (GHGs) were quantified for both construction and operation of the Project (Global Climate Change Evaluation, Palomar Airport Commons Project, Scientific Resources Associated, May 18, 2010). Operational emissions were calculated assuming a "business as usual' operational scenario as well as an operational scenario with GHG reduction measures employed. Based Rev. 10/02/09 GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-05/ CUP 10-06/CUP 03-21(A)/SUP 09-08/V 10-01 Palomar Commons on the analysis, quantifiable emission reductions that will be implemented by Lowe's and the Palomar Commons Project demonstrate that emissions will be reduced by a minimum 30 percent below "business as usual" levels, without considering vehicle GHG reduction programs. With additional GHG reduction measures that are not quantifiable, and with implementation of additional vehicle emission reduction programs, emissions of GHGs will be reduced by more than 30 percent below "business as usual" levels. The project, with the implementation of the GHG reduction measures identified in the Global Climate Change Evaluation, would therefore be consistent with the goals of the AB 32, and would not result in a significant global climate change impact. d) No impact. As noted above, the proposed would not result in substantial pollutant emissions or concentrations. In addition, there are no sensitive receptors (e.g., schools or hospitals) located in the vicinity of the project. No impact is assessed. e) Less Than Significant 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. Any impact is assessed as less than significant. IV. BIOLOGICAL RESOURCES project: - Would the 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? Potentially Significant Impact D Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D D D D D 10 Rev. 10/02/09 GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-057 CUP 10-06/CUP 03-21(A)/SUP 09-08/V 10-01 Palomar Commons d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Potentially Significant Impact D Potentially Significant Unless Mitigation Incorporated D Less Than Significant Impact D No Impact D D D D a) Potentially Significant Unless Mitigation Incorporated. The project site was previously developed with an 80 room hotel, restaurant, health club, spa, conference center, parking lot, tennis courts and a golf driving range which have since been abandoned and/or removed. The project site is surrounded by existing development, with the McClellan-Palomar Airport to the north, industrial development to the east and south, and the San Diego County Animal Control facility to the west. According to the City of Carlsbad Habitat Management Plan and biological survey prepared by BLUE Consulting Group, March 25, 2010, the project site is considered developed and not a part of or adjacent to the habitat preserve system. No sensitive habitats were observed onsite. The site is landscaped with exotic landscapes associated with the previous Olympic Resort and Spa and golf driving range. The site does contain 1.4 acres of eucalyptus woodland which would be permanently impacted (removed) by the proposed project. The HMP identifies eucalyptus woodlands as a Group f habitat and is often used for nesting by raptors and other birds. Mitigation in the form of an in-lieu fee is required to reduce the levels of impacts to below a level of significance. Prior to construction, the project shall monitor for nesting birds and limit construction and construction noise in proximity to any nesting sites. Also, prior to the removal of the trees, a survey for nesting birds shall be conducted to avoid potential impacts to nesting birds. The proposed land use change from Travel/Recreation Commercial to General Commercial nor the project will impact any species identified as 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-c) No Impact. No riparian, aquatic, or wetland habitat is present on the site. However, the storm water collected from the project site and neighboring properties will outflow at the southwest corner of the site through a drainage structure, which according to the Storm Water Management Plan, prepared by Lang Engineering (February 24, 2010) and the San Diego Basin Plan, drains to Encinas Creek and ultimately into the Pacific Ocean. Construction of the proposed project improvements is required by law to comply with all federal, state and local water quality regulations, including the Clean Water Act and associated NPDES regulations, which will mitigate temporary impacts associated with construction and operation to a level less than significant. Furthermore, the project will not result in permanent or long term degradation of water quality as a result of the proposed pollution control program. Therefore, no habitat under the jurisdiction of the U.S. Army Corp of Engineers, California Department of Fish and Game, or Regional Water Quality Control Board will be impacted. 11 Rev. 10/02/09 GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-057 CUP 10-06/CUP 03-21(A)/SUP 09-08/V 10-01 Palomar Commons d-f) No Impact. According the City of Carlsbad's Habitat Management Plan, there are no wildlife or habitat linkages on or near the project site. The project site is fully developed with structures and exotic landscapes. There is no native habitat existing onsite. Overall, the project site does not support any high- quality biological resources, nor does it conflict with any local policies or ordinances protecting biological resources, or any provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan. As noted in section a above, the project has been conditioned to mitigate impacts to eucalyptus woodland and to nesting birds. 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 Less Than Significant No Impact Impact D D D a, b, & d) No Impact. A cultural resource assessment was prepared (Phase I Cultural Resources Assessment of the 16.55 acre Palomar Commons Project Site, Southwest corner of El Camino Real and Palomar Airport Road, City of Carlsbad, San Diego County, Archaeological Associate, March 2010) for the project. The project site has been previously excavated and graded for the development, and removal, of a hotel, spa, health club, tennis courts, golf driving range and parking lot. The research and field assessment of the site failed to indicate the presence of any recorded prehistoric or historic resources within the boundaries of the study area. The report did not identify the need for any additional work in conjunction with cultural resources, including monitoring while grading. Letters of inquiry were sent to six Native American tribes for Native American consultation. The San Luis Ray Band of Luiseno Indians was the only response and requested a pre-excavation agreement for monitoring of the site during grading. Mitigation measures are not warranted as there are no known significant resources to exist or that have been identified. However, a pre-excavation agreement has been added as a condition of project approval to address the unknown potential for resource recovery. c) Potentially Significant Unless Mitigation Incorporated. The project site is located on the Quaternary-aged alluvium deposits and Santiago Formation and is potentially fossiliferous almost everywhere it occurs. The project grading has the potential to disturb undisturbed soils which may contain fossils. The retaining of a paleontologist to be present during grading operations and to implement an appropriate mitigation program which includes the following paleontological mitigation measures shall be implemented to reduce the potential paleontological impact to a level of insignificance; 12 Rev. 10/02/09 3o GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-057 CUP 10-06/CUP 03-21(A)/SUP 09-08/V 10-01 Palomar Commons A. Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. B. A copy of the paleontologist's report shall be provided to the Planning Director prior to issuance of a grading permit. C. A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. D. The paleontologist shall make periodic reports to the Planning Director during the grading process. E. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts. F. All fossils collected may be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. G. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. VL GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D D D D D D D D D D D 13 Rev. 10/02/09 *"> tb\ GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-057 CUP 10-06/CUP 03-21(A)/SUP 09-08/V 10-01 Palomar Commons 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 Potentially Significant Unless Mitigation Incorporated D Less Than Significant Impact No Impact D D D a.i.-a.iii.) Less than Significant Impact. A geotechnical investigation of the project site was prepared by EEI Geotechnical and Environmental Solutions (Project No. SUD-70986.1, January 13, 2010) to provide subsurface information and geotechnical recommendations specific to the proposed project. According to this report, the subject site is not located within any Earthquake Fault Zones as created by the Alquist-Priolo Act, nor are there any known major or active faults on or in the immediate vicinity of the site. Because of the lack of known active faults on the site, the potential for surface rupture at the site is considered low. The main seismic hazard that may affect the site is ground shaking from one of the active regional faults, with the nearest known active fault being the Rose Canyon Fault Zone located 6.8 miles west of the site. Due to the relatively dense nature of on-site soils, risk of seismic-related ground failure or liquefaction is not a significant concern. a.iv.) No Impact. The topography of the site is considered generally level to gently sloping to the west with elevations ranging from approximately 250 feet above mean sea level (amsl) in the southwest portion of the site to approximately 280 feet amsl at the southeast corner of the site. The near level site is not subject to landslide conditions. b) No Impact. The topography of the site is considered generally level to gently sloping to the west with elevations ranging from approximately 250 feet above mean sea level (amsl) in the southwest portion of the site to approximately 280 feet amsl at the southeast corner of the site. The project's compliance with the standards in the City's Excavation and Grading Ordinance that prevent erosion through slope planting and installation of temporary erosion control means will avoid substantial soil erosion impacts. c) Less than Significant Impact. See Section a.i to a.iii above. d) Less Than Significant Impact. A geotechnical investigation of the project site was prepared by EEI Geotechnical and Environmental Solutions (Project No. SUD-70986.1, January 13, 2010) to provide subsurface information and geotechnical recommendations specific to the proposed project. According to the report, the project site is underlain by units of soils consisting of undocumented fill, Quaternary alluvium, and Santiago Formation. The predominant soil type at-grade within the proposed project site is Quaternary Alluvium, which is considered to have a medium expansion potential. Through the implementation of the geotechnical design recommendations outlined in the report, the development of the site is considered feasible and impacts from expansive soils are low. e) No Impact. The proposed project does not propose septic tanks and will utilize the public sewer system. Therefore, there will be no impacts involving soils that support the use of septic tanks or alternative wastewater disposal systems. 14 Rev. 10/02/09 2/^_yi GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-05/ CUP 10-06/CUP 03-21(A)/SUP 09-08/V 10-01 Palomar Commons VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated D D D Less Than Significant No Impact Impact D D D D D D D D D D D D D D D D D 15 Rev. 10/02/09 GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-057 CUP 10-06/CUP 03-21(A)/SUP 09-08/V 10-01 Palomar Commons a) Less than Significant Impact. The project's retail uses include a home improvement store which has onsite storage of a variety of common chemicals for sale to the general public and a gasoline fueling station. Storage and safe handling of these chemicals are regulated by Article 80 of the California Fire Code and monitored by the Environmental Protection Agency (EPA). Transportation of hazardous materials is regulated by Hazardous Materials Transportation Act (HMTA), which is administered by the Research and Special Programs Administration (RSPA) of the U.S. Department of Transportation (DOT). The County of San Diego Department of Environmental Health Hazardous Materials Division Underground Storage Tank (UST) Program administers and enforces federal and state laws and regulations and local ordinances for the construction, installation, modification, upgrade, and removal of USTs in San Diego County. Furthermore, this facility and all activities are subject to the City's National Pollutant Discharge Elimination System (NPDES) Permit Order No. R9-2007-0001 and all related City Ordinances and requirements. b) Potentially Significant Unless Mitigation Incorporated. A Phase I and Phase II environmental assessment was conducted of the site to determine if there were any impacts from the adjacent landfill on the County Airport property to the north. Soil gas analysis and ground water testing was conducted and xylene was found at a level below the California Human Health Screening Levels. Methane, a non-toxic but flammable gas was also detected in one test site of six and was considerably below an explosive threshold and would appear not to pose a significant impact. No Volatile Organic Compounds (VOCs) were found in the ground water sample site. The project is required to secure approvals from the County of San Diego Solid Waste Local Enforcement Agency for the implementation of methane gas mitigation measures, primarily during construction, as contained in correspondence dated April 8, 2010 from the County of San Diego prior to construction. With the implementation of the mitigation measures contained in correspondence dated April 8, 2010 from the County of San Diego and approval by the County, the project would not pose a significant hazard to the public or the environment. c-d) No Impact. There are no existing or proposed schools within one-quarter of a mile of the site, and the project site is not included on any lists as a hazardous materials site compiled pursuant to the Government Code Section 65962.5. The adjacent County Airport property 420 feet to the north is identified as having environmental concerns as it was formerly a landfill site. e) Less than Significant Impact. The project is adjacent to McClellan-Palomar Airport and is within the Airport Influence Area. The northern one-third of the project site is located within the Runway Protection Zone (RPZ - Zone 1) as identified in the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). This area of the project will be developed as a parking lot, which is considered an acceptable use within the RPZ. The remainder of the site is located within the Airport Influence Area. The proposed retail uses would fall into Safety Zones 2, 3, and 4 of the ALUCP Noise/Land Use Compatibility Matrix. Zone 2 is the inner approach/departure zone. Zones 3 and 4 are the turning and outer approach zones respectively, primarily for helicopter operations over the project site. Buildings within these safety zones are required to incorporate additional structural improvements, or 'risk reduction design features' per the ALUCP in order to minimize the risk and maximize the safety of the building occupants. With the measures incorporated, the project is found to be compatible with the ALUCP. An acoustical analysis for the proposed project was prepared by Ldn Consulting, May 20, 2010 to determine compatibility with the City of Carlsbad Noise Guidelines Manual and the ALUCP. The report found that the two primary noise sources in the vicinity of the site are from aircraft operations at McClellan-Palomar Airport and traffic on Palomar Airport Road and El Camino Real. According to the ALUCP, the project site is located within the 65-70 CNEL noise contour and the type of use proposed is conditionally compatible with the aircraft noise exposure at the site. The design of the buildings will be required to provide a noise reduction of 20 dBA in order to comply with the ALUCP's interior CNEL standard of 50 dBA, and a noise reduction of 15 dBA is required in order to comply with the City's interior Leg(h) standard of 55 dBA. Through implementation of the recommendations outlined in the 16 Rev. 10/02/09 GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-05/ CUP 10-06/CUP 03-21(A)/SUP 09-08/V 10-01 Palomar Commons acoustical analysis, the project will comply with both the City and ALUCP noise standards and impacts as a result of noise will be less than significant. f) No Impact. The site is not in the vicinity of a private airstrip. g-h) No Impact. The project will not impair the implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan, nor is the project located in an area that will expose people or structures to a significant risk of loss, injury or death involving wildland fires. 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? f) Otherwise substantially degrade water quality? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated D D Less Than Significant No Impact Impact D D D D D D D D D D D D 17 Rev. 10/02/09 GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-057 CUP 10-06/CUP 03-21(A)/SUP 09-08/V 10-01 Palomar Commons g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? h) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? k) Increase erosion (sediment) into receiving surface waters. 1) Increase pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g. temperature, dissolved oxygen or turbidity? m) Change receiving water quality (marine, fresh or wetland waters) during or following construction? n) Increase any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? o) Increase impervious surfaces and associated runoff? p) Impact aquatic, wetland, or riparian habitat? q) Result in the exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? Potentially Significant Impact D D D D D D D D D Potentially Significant Unless Mitigation Incorporated D Less Than Significant No Impact Impactn m D D D 13 D m D D D D D D a) Less than Significant Impact. The subject property is required by law to comply with all 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 San Diego 18 Rev. 10/02/09 GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-057 CUP 10-06/CUP 03-21 (A)7SUP 09-08/V 10-01 Palomar Commons Basin." (WQCP) The WQCP contains specific objectives for the Carlsbad Hydrologic Unit which includes the requirement to comply with National Pollutant Discharge Elimination System (NPDES) and the use of Best Management Practices (BMPs). The project must also obtain a NPDES permit prior to construction. The permit will require the project to develop and implement specific erosion control and storm water pollution prevention plans to protect downstream water quality. These plans will ensure acceptable water quality standards will be maintained both during the construction phase as well as post- development. b) No Impact. This project does not propose to directly draw any groundwater. The project will be served via existing public water distribution lines adjacent to the site. c-e) Less than Significant Impact. The Drainage Study, prepared by Lang Engineering (February 24, 2010), indicates that the site has been designed to mimic historic runoff patterns. Existing drainage generally flows from northeast of the site to the southwest comer via open concrete drainage channels along El Camino Real and Palomar Airport Road. Near the northwest corner of the site are two storm drains that drain into the site from Palomar Airport Road. The storm water from these channels and pipes converge and pick up the rest of the site drainage through the driving range and then outflows at the southwest edge of the site. As identified in the SWMP, the proposed project site drains to Encinas Creek (Encinas Creek) and ultimately into the Pacific Ocean. The site presently contributes an estimated 34.8 cfs into the existing system. Flows will be generally directed and intercepted in the same location by a series of bio-swales, underground piping (Bressi Ranch storm drainage coming from under El Camino Real) and an underground storm drain/detention system. The Drainage Study shows a combined post development runoff rate of 28.3 cfs indicating a decrease of 6.5 cfs. The decrease in flows from the pre-development to post-development condition is due to the on- site underground detention system. The proposed improvements will not substantially alter the existing drainage patterns of the site or area, or create or contribute runoff water which would exceed the capacity of the existing stormwater drainage system, nor does the project propose uses that cause a substantial, additional source of polluted runoff. f) Less than Significant Impact. Construction of the proposed project improvements is required by law to comply with all federal, state and local water quality regulations, including the Clean Water Act and associated NPDES regulations. As mentioned above, the project includes a Storm Water Management Plan and temporary impacts associated with the construction operation will be mitigated to a level less than significant. The project will not result in permanent or long term degradation of water quality as a result of the proposed pollution control program. g-j) No Impact. The project site is not located within the 100-year flood hazard area, and based on the distance between the site and large, open bodies of water, and given the elevation of the site with respect to sea level (250 to 280 feet above mean sea level), the possibility of tsunami or mudflow is considered to be low. k) Less than Significant Impact. The construction phase of the project could result in increased erosion. However, as a result of the NPDES permit requirements associated with the proposed project, no significant increase in erosion (sediment) into receiving surface waters will result from the project. Urban runoff from the proposed development will be channeled into the appropriate storm drain receptors as indicated in the project's Preliminary Storm Water Management Plan (SWMP) prepared by Lang Engineering (February 24, 2010). The greatest potential for short-term water quality impacts to the drainage basin would be expected during and immediately following the grading and construction phases of the project when cleared and graded areas are exposed to rain and storm water runoff. Standard 19 Rev. 10/02/09 GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-057 CUP 10-06/CUP 03-21(A)/SUP 09-08/V 10-01 Palomar Commons conditions require compliance with NPDES sediment control requirements during the construction phase and implementation of the post construction BMPs for the project. l-m) Less than Significant Impact. The Preliminary Storm Water Management Plan (SWMP) prepared by Lang Engineering, February 24, 201, indicates that the project shall be designed to remove pollutants of concern through storm water conveyance systems to the maximum extent practicable (MEP) through the incorporation of treatment control BMPs. In order to remove primary and secondary pollutants of concern, the Palomar Commons project employs a combination of vegetated swales and hydrodynamic separators. As proposed, subject to compliance with the proposed BMPs, the project will not result in the increase of pollutants into downstream waters, and no receiving water quality will be adversely affected through implementation of the proposed project. Post construction BMPs will further ensure that the project does not change the receiving water quality following construction activities. n) No Impact. The project does not drain to an impaired water body as listed on the Clean Water Act Section 303(d) list. o) Less than Significant Impact. The proposed project will increase the impervious surface area through the removal of the existing golf driving range and the development of the building footprints, parking lot and associated drive aisles. However, associated runoff from the project will be decreased as a result of an on-site underground detention system. p) No Impact. Runoff from the proposed project will not impact aquatic, wetland or riparian habitats, as the quantity of water leaving the site does not increase. q) No Impact. The project will not result in the exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial use. Please refer to the preceding responses. IX.LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? b)Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Potentially Significant Impact D Potentially Significant Unless Mitigation Incorporated D D Less Than Significant No Impact Impact D El D 13 c)Conflict with any conservation plan or conservation plan? applicable habitat natural community D D D a-c) No Impact. The proposed project is a commercial development that does not conflict with the existing and surrounding uses. Surrounding uses include McClellan-Palomar Airport to the north, Industrial uses to the south and east, and the San Diego County Animal Shelter to the west. The commercial project does not physically divide an established residential or non-residential community. 20 Rev. 10/02/09 GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-057 CUP 10-06/CUP 03-21(A)/SUP 09-08/V 10-01 Palomar Commons The project does modify the existing vehicular entrance to the San Diego County animal shelter by relocating the existing driveway entrance easterly to a shared drive entrance with signalized intersection. There is no impact to the animal shelter as a result of the relocated access driveway. The proposed project does not conflict with any existing or proposed land use plans or policies of the City of Carlsbad. The project site is presently designated as a Travel/Recreation commercial use and was developed with the Olympic Resort and Spa facility which ceased to operate and is in the process of being removed. The proposed General Commercial land use is compatible with the adjacent industrial uses and will provide goods and services to the industrial and business centers as well as the city's residents. A sign variance is proposed to modify the sign height and area allowances and are subject to approval by the decision making body. The project is consistent with the City of Carlsbad proposed General Plan Land Use designation of General Commercial, which designates areas for commercial uses that serve the residents of the City and the business and industrial centers. The project is compatible with the City of Carlsbad Habitat Management Plan in that the site is designated as a development area and the site does not contain any significant natural resources that cannot be mitigated (see Section IV, Biological Resources). The project is in compliance with the ALUCP (see Section VII, e-f) and has been submitted for a consistency determination by the Airport Land Use Commission who has permit authority at this time. 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 Potentially Unless Significant Mitigation Impact Incorporated D Less Than Significant No Impact Impact D 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. 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 Potentially Significant Impact D D groundbourne noise levels? Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D n 21 Rev. 10/02/09 GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-057 CUP 10-06/CUP 03-21(A)/SUP 09-08/V 10-01 Palomar Commons c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Potentially Significant Impact D Potentially Significant Unless Mitigation Incorporated D D Less Than Significant Impact D No Impact D n n D a, & e) Potentially Significant Unless Mitigation Incorporated. A noise study for the proposed project was prepared by Ldn Consulting, May 20, 2010, to determine compatibility with the City of Carlsbad Noise Guidelines Manual and the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). The report found that the two primary noise sources in the vicinity of the site are from aircraft operations at McClellan-Palomar Airport and traffic on Palomar Airport Road and El Camino Real. According to the ALUCP, the project site is located within a CNEL zone of 65 to 70 dBa and the type of use proposed is conditionally compatible with the aircraft noise exposure at the site. The design of the buildings will be required to provide a noise reduction of 20 dBA in order to comply with the ALUCP's interior CNEL standard of 50 dBA, and a noise reduction of 15 dB is required in order to comply with the City's interior Leg(h) standard of 55 dBA. The report indicates that conventional commercial building construction, such as that being used at the project site, will typically provide at least 20 to 25 dBA of noise reduction with windows and doors closed. As only 20 dB of noise reduction is needed to comply with the City and ALUCP standards, no additional noise mitigation is required. However, as the interior noise standard is to be met with all windows closed, mechanical ventilation is necessary in order to provide a habitable environment. This may be achieved with air conditioning or a fresh air supply system. Through implementation of the recommendations outlined in the noise study, the project will comply with both the City and ALUCP noise standards, and impacts as a result of noise will be less than significant. b, c, & d) Less than Significant Impact. The anticipated grading operation associated with the development of the proposed project would result in a temporary and minor increase in groundborne vibration and ambient noise levels. Following the conclusion of the grading, the ambient noise level and vibrations are expected to return to pre-existing levels. f) No Impact. The project is not located near a private airstrip 22 Rev. 10/02/09 •to GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-057 CUP 10-06/CUP 03-21(A)/SUP 09-08/V 10-01 Palomar Commons Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact XII. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? D D D D D a-c) No Impact. The proposed commercial project is not considered a growth inducing use because it is proposed on an infill site surrounded by developed properties, and will not displace housing or people as there are no dwellings or people located on the project site. XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D D n D D D D D D D 23 Rev. 10/02/09 Ml GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-057 CUP 10-06/CUP 03-21(A)/SUP 09-08/V 10-01 Palomar Commons a.i.-a.v.) No Impact. The Palomar Commons commercial project is proposed on a property which was formerly developed with an 80 room hotel, restaurant, health club, spa, conference center, parking lot, tennis courts and a golf driving range. The public service demands for the proposed commercial use are comparable to the previous hotel use and will not affect the provision and/or availability of public services (i.e., fire protection, police protection, schools, parks, etc.). The proposed project shall be subject to the conditions and facility service level requirements within the Local Facilities Management Plan for Zone 5, therefore no significant public service impacts will occur. XIII. 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 D Less Than Significant No Impact Impact D D D a-b) No Impact. As part of the City's Growth Management Program (GMP), a performance standard for parks was adopted. The park performance standard requires that 3 acres of Community Park and Special Use Area per 1,000 population within a park district (quadrant) must be provided. The project site is located within Park District #land #3 (Northwest and Southwest Quadrants). Non-residential projects within LFMP 5 are conditioned to pay a Park-in-lieu fee to satisfy the performance standard established by the GMP. The project does not incorporate recreational facilities that would have an adverse physical effect on the environment. 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 Less Than Significant No Impact Impact D D D 24 Rev. 10/02/09 GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-05/ CUP 10-06/CUP 03-21(A)/SUP 09-08/V 10-01 Palomar Commons 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 Potentially Significant Unless Mitigation Incorporated D • Less Than Significant Impact No Impact D D D D D D D D D D a) Potentially Significant Unless Mitigation Incorporated. The Traffic Impact Analysis for the Palomar Commons, Urban Systems Associate, Inc, April 14, 2010 states that the project will generate 12,370 Average Daily Trips (ADT) (726 am peak hour trips (416 inbound, 310 outbound) and 1004 pm peak hour trips (494 inbound, 510 outbound)). This traffic will utilize Palomar Airport Road (PAR) and El Camino Real. Existing traffic on these arterials is 30,785 and 28,089 ADT (2009) respectively and the 2009 peak hour level of service at the arterial intersection impacted by the project is D. Street segment and intersection levels of service are expected to be within the Growth Management Program requirements of Level of service "D" during the peak hours so that no street segment or intersection mitigation is needed or recommended, except at the Palomar Airport Road/ El Camino Real intersection, which would operate at level of service "E" during both the AM and PM peak hours, with and without the project traffic added. The project will provide the following mitigation which results in acceptable level of service "D" during both peak hours: 1) Provide an eastbound right turn lane on Palomar Airport Road at El Camino Real. This project is fully funded by the City of Carlsbad Traffic Impact Fee program and a reimbursement agreement will be executed. 2) Provide dual left turn lanes northbound on El Camino Real at Palomar Airport Road. 3) Modify the Palomar Airport Road/El Camino Real intersection to provide a closed circuit TV (CCTV) camera and wireless transreceiver to connect to the Traffic Management Center at the Faraday Center. 4) At the build-out Year 2030 volumes, the project's peak hour traffic will contribute to a Level of Service (LOS) E at the intersection of PAR and Paseo del Norte (PDN), which is higher than the city's requirement of LOS D or better. In order to mitigate for this potential impact, a dedicated right- turn lane needs to be constructed from eastbound PAR to southbound PDN. The project will be required to pay a proportional fair share contribution towards the construction of the right-turn lane. b) Less Than Significant Impact. SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho Santa Fe Road., El Camino Real and Palomar Airport Road.) and one 25 Rev. 10/02/09 GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-05/ CUP 10-06/CUP 03-21(A)/SUP 09-08/V 10-01 Palomar Commons highway segment in Carlsbad as part of the regional circulation system. The existing LOS on these designated roads and highway in Carlsbad is: LOS Rancho Santa Fe Road "A-D" El Camino Real "A-D" Palomar Airport Road "A-D" SR 78 "F" The Congestion Management Program's (CMP) acceptable Level of Service (LOS) standard is "E", or LOS "F" if that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS "F" in 1990). Accordingly, all designated roads and highway 78 is currently operating at or better than the acceptable standard LOS. Achievement of the CMP acceptable Level of Service (LOS) "E" standard assumes implementation of the adopted CMP strategies. Based on the design capacities of the designated roads and highway and implementation of the CMP strategies, they will function at acceptable levels of service in the short-term and at buildout. c) No Impact. The proposed project does not include any aviation components. The project is consistent with the Airport Land Use Compatibility Plan, McClellan-Palomar Airport. It would not, therefore, result in a change of air traffic patterns or result in substantial safety risks. No impact assessed. d) No Impact. All project circulation improvements will be designed and constructed to City standards; and, therefore, would not result in design hazards. No impact assessed. e) No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. No impact assessed. f) No Impact. The proposed project is not requesting a parking variance. Additionally, the project would comply with the City's parking requirements to ensure an adequate parking supply. No impact assessed. g) No Impact. The project is located along El Camino Real and Palomar Airport Road which are served by public transportation. Bus routes from around North County as well as bus service from the Poinsettia Coaster Station are available. The project also includes bike racks. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of Q l~1 EH Kl the applicable Regional Water Quality Control Board? 26 Rev. 10/02/09 ML| GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-057 CUP 10-06/CUP 03-21(A)/SUP 09-08/V 10-01 Palomar Commons 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 Potentially Significant Unless Mitigation Incorporated D D D D D D Less Than Significant Impact D No Impact D D a-g) No Impact. The proposed project will be required to comply with all Regional Water Quality Control Board Requirements. In addition, the Zone 5 LFMP anticipated that the project site would be developed with travel/recreation commercial uses which do not have higher facilities demands over General Commercial and therefore wastewater treatment facilities were planned and designed to accommodate these types of future uses. All public facilities, including water facilities, wastewater treatment facilities and drainage facilities, have been planned and designed to accommodate the growth projections for the City at build-out. The project does not result in development that will require expansion or construction of new water facilities/supplies, wastewater treatment or storm water drainage facilities. 27 Rev. 10/02/09 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 O 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? GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-057 CUP 10-06/CUP 03-21(A)/SUP 09-08/V 10-01 Palomar Commons Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact D D D D D a) No Impact. The proposed project to develop a new commercial center on the southwest corner of El Camino Real and Palomar Airport Road will not degrade the quality of the environment. The project site is considered a developed site, which does not contain any sensitive fish or wildlife species; is not identified by any habitat conservation plan as containing a protected, rare or endangered plant or animal species; and does not contain any known historical, archeological, or paleontological resources. Therefore, the project will not reduce the habitat of a fish or wildlife species; will not threaten to eliminate or reduce the number of endangered plant and animal species; and will not result in the elimination of any important examples of California history or prehistory. b) Less Than Significant Impact. San Diego Association of Governments (SANDAG) projects regional growth for the greater San Diego area and local general plan land use policies are incorporated into SANDAG projections. Based upon those projections, region-wide standards, including storm water quality control, air quality standards, habitat conservation, congestion management standards, etc., are established to reduce the cumulative impacts of development in the region. All of the City's development standards and regulations are consistent with the region wide standards. The City's standards and regulations, including grading standards, water quality and drainage standards, traffic standards, habitat and cultural resource protection regulations, and public facility standards, ensure that development within the City will not result in a significant cumulatively considerable impact. There are two regional issues that development within the City of Carlsbad has the potential to have a cumulatively considerable impact on. Those issues are air quality and regional circulation. As described 28 Rev. 10/02709 GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-057 CUP 10-06/CUP 03-21(A)/SUP 09-08/V 10-01 Palomar Commons above, the project would contribute to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, air quality would be essentially the same whether or not the development is implemented. The County Congestion Management Agency (CMA) has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the regional circulation system. The CMA had determined, based on the City's growth projections in the General Plan, that these designated roadways will function at acceptable levels of service in the short-term and at build-out. The project is consistent with the City's growth projections, and therefore, the cumulative impacts from the project to the regional circulation system are less than significant. With regard to any other potential impacts associated with the project, City standards and regulations will ensure that development of the site will not result in any significant cumulatively considerable impacts. c) Less than Significant Impact. Based upon the fact that future development of the site will comply with all City standards, the project will not result in any direct or indirect substantial adverse environmental effects on human beings. However, the project site is located in an area where human beings are exposed to significant levels of noise generated by traffic on the surrounding streets and aircraft operations at McClellan-Palomar Airport. As discussed above, any potential impacts from noise can be mitigated to a level less than significant. Those mitigation measures will be incorporated as conditions of project approval. The project design and land use is compatible with the Airport Land Use Compatibility Plan for McClellan-Palomar Airport, thus further reducing any impacts as result of airport safety to a level less than significant. Development of the site and structures will be required to comply with all applicable Federal, State, Regional and City regulations, which will ensure that development of the site will not result in adverse impacts on human beings, either directly or indirectly. XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 29 Rev. 10/02/09 Hp GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-05/ CUP 10-06/CUP 03-21(A)/SUP 09-08/V 10-01 Palomar Commons 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. Phase I Environmental Site Assessment, Proposed commercial development SWC Palomar Airport Rd and El Camino Real, 6111 El Camino Real, APN 213-020-18-00, Carlsbad, San Diego County, CA 92009, November 4, 2009, EEI Geotechnical Environmental Solutions, Project No. SUD-70986.2 6. Limited Phase II Environmental Site Assessment, Palomar Airport Commons Project, 6111 El Camino Real, Carlsbad, CA 92009, dated January 11, 2010, EEI Geotechnical Environmental Solutions, Project No. SUD-70986.2 7. Geotechnical Evaluation, EEI Geotechnical and Environmental Solutions (Project No. SUD- 8. Global Climate Change Evaluation, Palomar Airport Commons, Carlsbad CA, Scientific Resources Associates, May 18, 2010. 9. Air Quality Technical Report, Palomar Airport Commons, Carlsbad CA, Scientific Resources Associates, May 18, 2010. 10. Noise Study, Palomar Airport Commons Development, Carlsbad CA, Ldn Consulting, May 20, 2010, Project 0945-02. 11. Storm Water Management Plan for Palomar Airport Commons. Lang Engineering Company, February 24, 2010. 12. Drainage Study for Palomar Airport Commons. Lang Engineering Company, February 24, 2010. 13. Traffic Impact Analysis for the Palomar Airport Commons, Urban Systems Associate, Inc, April 14,2010. 14. City of Carlsbad, Palomar Commons Project, Biological Sensitive Habitat Impacts and Mitigation, BLUE Consulting Group, March 25, 2010 30 Rev. 10/02/09 GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-05/ CUP 10-06/CUP 03-21(A)/SUP 09-08/V 10-01 Palomar Commons LIST OF MITIGATING MEASURES (IF APPLICABLE) 1. The project shall implement the mitigation measures to reduce emissions as identified in the report titled Air Quality Technical Report, Palomar Airport Commons, Carlsbad CA, Scientific Resources Associates, May 18, 2010. a. Watering active grading sites a minimum of three times daily. b. Apply soil stabilizers to inactive construction sites. c. Replace ground cover in disturbed areas as soon as possible. d. Dust control during equipment loading/unloading (load moist material, ensure at least 12 inches of freeboard in haul trucks). e. Reduce speeds on unpaved roads to 15 MHP or less. f. Water unpaved roads a minimum of three times daily. g. Architectural coatings applied to interior. And exterior surfaces will be required to meet the ROG limitations of SDAPCD Rule 67.0. h. Coatings shall be applied using low pressure/high volume spray equipment to reduce overspray to the maximum extent possible. 2. The project shall implement the Green House Gas reduction measures as identified in the report titled Global Climate Change Evaluation, Palomar Airport Commons, Carlsbad CA, Scientific Resources Associates, May 18, 2010. a. Entire project is located within one-half mile of an existing/planned Class I or Class II bike lane and project design includes a comparable network that connects the project to the existing offsite facility. b. Bus service provides headways of one hour or less for stops within one-quarter mile; project provides safe and convenient bicycle/pedestrian access to transit stop(s). c. Project exceeds 2005 Title 24 requirements by 20%. d. Project will implement as erosion and sedimentation control program (SWPPP). e. Project will maximize water efficiency within the buildings to reduce the burden on the municipal water supply and wastewater systems by using low flush volume fixtures in all restrooms. f. Project will use refrigerants that do not contain CFCs, hydrocarbons that deplete the ozone layer. g. Project has at least three of the following on site or within one half mile: residential Development, Retail Development, Open Space, or Office (project is located within one-half mile of residential, open space and office uses). h. Project site is a vacant infill site, redevelopment area, or brown field or gray field lot that is highly accessible to regional destinations, where the destinations rating of the development site (measured as a weighted average travel time to all other regional destinations) is improved by 100% when compared to an alternative greenfield site. i. Parking Capacity: Lowe's store will size parking to meet but not exceed local zoning, j. Heat Island Effect: Roof- White roofing membrane will be used to reduce heat island effect, k. Water Use Reduction: 30% reduction - Maximize water efficiency within the building to reduce the burden on the municipal water supply and wastewater systems by using low flow volume fixtures in all restrooms. Reductions in water consumption are estimated at 47%. 1. Fundamental Commissioning of Building Systems - Third party agency will verify that the Building Energy Systems are installed according to the design, m. Minimum Energy Performance - The Building envelope will be designed to meet American Society of Heating, Refrigerating and Air-Conditioning Engineers ASHRAE 90.1-2004 Standards utilizing computer simulation to model results, n. CFC Reduction in HVAC and Refrigerant Equipment - Facility will use refrigerants that do not contain CFC or hydrocarbons that deplete the ozone layer, o. Optimize Energy Performance - 21% improvement in the building performance rating compared to the baseline building rating per ASHRAE/IESNA Standard90.1-2004 by a whole building 31 Rev. 10/02/09 GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-057 CUP 10-06/CUP 03-21(A)/SUP 09-08/V 10-01 Palomar Commons project simulation computer program. The Lowe's store will exceed California Title 24 Energy Guidelines by 24%. p. Refrigerant Selection - Select refrigerants to minimize direct impact on the ozone depletion, q. Measurement and Verification - Implement an ongoing plan to monitor the energy consumption and equipment performance, r. Green Power - Lowe's is currently purchasing 2% of its energy from renewable resources to comply with the EPA Power partner program, s. Storage and Collection of recyclables - Lowe's will implement a recycling program to collect waste generated by building occupants, t. Regional Material - Lowe's will utilize 10% materials that are extracted, processed, and manufactured within 500 miles of the site, u. Daylight and Views - Lowe's will use skylights and dimmers connected to photo cells to reduce energy consumption and will daylight 75% of indoor space, v. Innovation in Design - Lowe's will employ the use of Weather TRAK Smart Water Management System to reduce irrigation water consumption by 50%. w. EPA SmartWay Partnership - Lowe's is a member of the EPA SmartWay partnership, which is a partnership between the EPA and the freight industry which increases energy efficiency and significantly reduces GHGs and air pollution from the transportation of goods. Lowe's will reduce emissions from its delivery trucks by increasing rail transportation, filling truck trailer orders more efficiently, and maximize the use of Lowe's trucking fleet. x. Native Plant Materials - The project will use as many California native plants as possible, dependent upon availability and appropriate design situations. y. Tree Canopy Shade of parking Area - The project's landscape plan will promote tree canopies to shade asphalt parking areas, z. The project provides a pedestrian access network that internally links all uses and connects to all existing external and pedestrian facilities contiguous with the project site. Project deign includes a designated pedestrian route interconnecting all internal uses, site entrances, primary building entrances, public facilities, and adjacent uses to existing external pedestrian facilities and streets. Route has minimal conflict with parking and automobile circulation facilities, aa. Site design and building placement minimizes barriers to pedestrian access and interconnectivity. bb. Provide parking lot design that clearly marked pedestrian pathways between transit facilities and building entrances, cc. Project is oriented, as much as practicable, towards existing transit, bicycle, or pedestrian corridors. dd. Project provides on-site shops and services for employees, ee. Provide infrastructure/education that promotes the avoidance of products with excessive packaging, recycling, buying of refills, separating of food and yard waste to composting, and rechargeable batteries. Lowe's recycles pallets, cardboard, internal recycles, pick up of old appliances, and has a battery drop off. ff. Retro-commissioning — The process ensures that all building systems perform interactively according to the contract documents, the design intent and the owner's operational needs to optimize energy performance. gg. Project shall use drought resistant native trees with high carbon sequestration potential, hh. Project installs Energy Star labeled roof materials ii. Provide shade (within 5 years) and/or use light colored/high albedo materials (reflectance of at least .3) and/or open grid pavement for at least 30% of the site's non-roof impervious surface, including parking lots, walkways, plazas, etc. Lowe's uses light colored materials in its design, jj. Project optimizes building's thermal distribution by separating ventilation and thermal conditioning systems. Lowe's uses high efficiency HVAC system. 32 Rev. 10/02/09 5o GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-05/ CUP 10-06/CUP 03-21 (A)/SUP 09-08/V 10-01 Palomar Commons kk. Recycle/Reuse demolished construction material. Use locally made building materials for construction of the project and associated infrastructure. Lowe's will recycle construction materials. 11. Install water-saving irrigation systems. 3. The project shall implement the noise mitigation recommendations outlined in the noise study titled Noise Study, Palomar Airport Commons Development, Carlsbad CA, Ldn Consulting, May 20, 2010, Project 0945-02 as follows: a. Prior to Building Permit issuance, an interior noise analysis compliant with City standards will be required to demonstrate that the proposed building design will limit interior noise to the City's 50 DbA CNEL interior noise standard. 4. The project shall secure approvals from the County of San Diego Solid Waste Local Enforcement Agency for the implementation of methane gas mitigation measures as contained in correspondence dated April 8,2010 from the County of San Diego prior to construction. 5. Prior to grading, mitigation in the form of an in-lieu fee for the impact to 1.4 acres of Eucalyptus woodland (HMP Group F habitat) shall be paid to the City of Carlsbad. 6. Clearing and grubbing activities are generally prohibited during the bird breeding season (February 15 - September 15). If grading and/or removal of potential nesting sites are to occur during the nesting season, the USFWS shall be notified at least seven days before the clearing and/or grubbing begins. During this activity, a qualified biologist will walk the area ahead of construction equipment to flush birds away from impact areas. The biologist will immediately report to the USFWS the number and location of any federally listed birds disturbed by clearing/grubbing. Other initial construction activities will also be avoided during the breeding season if feasible. If this cannot be avoided, the following measures will be taken: a. Surveys will be conducted by a qualified biologist in appropriate habitat for nesting raptors and migratory birds (including but not limited to least Bell's vireo) and within an additional 500 feet survey buffer within three days of construction. b. The USFWS will be notified immediately of any federally listed species that are located during pre-construction surveys. c. If nests of listed birds migratory birds, raptors, or other sensitive species are located, they will be fenced with a protective buffer of at least 500 feet from active nests of listed species, and 300 feet from other sensitive bird species. All construction activity will be prohibited within this area. d. During the breeding season, construction noise will be measured regularly to maintain a threshold at or below 60dBA hourly Leq within 500 feet of breeding habitat occupied by listed species. If noise levels supersede the threshold, the construction array will be changed or noise attenuation measures will be implemented. 7. The project will provide the following traffic impact mitigation which results in acceptable level of service "D" during both peak hours: a) Provide an eastbound right turn lane on Palomar Airport Road at El Camino Real. This project is fully funded by the City of Carlsbad Traffic Impact Fee program and a reimbursement agreement will be executed. b) Provide dual left turn lanes northbound on El Camino Real at Palomar Airport Road. c) Modify the Palomar Airport Road/El Camino Real intersection to provide a closed circuit TV (CCTV) camera and wireless transreceiver to connect to the Traffic Management Center at the Faraday Center. 33 Rev. 10/02/09 GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-05/ CUP 10-06/CUP 03-21(A)/SUP 09-08/V 10-01 Palomar Commons 8. Prior to Building Permit issuance, the developer shall pay a proportional fair share contribution towards the construction of a dedicated right-turn lane from eastbound Palomar Airport Road to southbound Paseo del Norte. The fair share contribution shall be determined based on Caltrans methodology to the satisfaction of the City Engineer. If construction of the right-turn lane is incorporated into the city's Traffic Impact Fee (TIP) program, the payment of the TIP will satisfy this condition. 9. The project site is located on the Quaternary-aged alluvium deposits and Santiago Formation and is potentially fossiliferous almost everywhere it occurs. The project grading has the potential to disturb undisturbed soils which may contain fossils. The retaining of a paleontologist to be present during grading operations and to implement an appropriate mitigation program which includes the following paleontological mitigation measures shall be implemented to reduce the potential paleontological impact to a level of insignificance; . A. Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. B. A copy of the paleontologist's report shall be provided to the Planning Director prior to issuance of a grading permit. C. A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. D. The paleontologist shall make periodic reports to the Planning Director during the grading process. E. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts. P. All fossils collected may be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. 34 Rev. 10/02/09 52. GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/SUP 09-08 Palomar Commons APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASU> WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. AND CONCUR S~- 2- /O Date Signature 31 Rev. 10/02/09 '•32? Page 1 of 8 PROJECT NAME: Palomar Commons FILE NUMBERS: GPA 09-07/ZC 09-08/SDP 09-05/CUP 09-07/CUP 10-05/CUP 03-21 (AVSUP 09-08A/ 10-01 APPROVAL DATE: The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6). Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks The project shall implement the mitigation measures to reduce emissions as identified in the report titled Air Quality Technical Report, Palomar Airport Commons, Carlsbad CA, Scientific Resources Associates, May 18, 2010. a. Watering active grading sites a minimum of three times daily. b. Apply soil stabilizers to inactive construction sites. c. Replace ground cover in disturbed areas as soon as possible. d. Dust control during equipment loading/unloading (load moist material, ensure at least 12 inches of freeboard in haul trucks). e. Reduce speeds on unpaved roads to 15 MHP or less. f. Water unpaved roads a minimum of three times daily. g. Architectural coatings applied to interior. And exterior surfaces will be required to meet the ROG limitations of SDAPCD Rule 67.0. h. Coatings shall be applied using low pressure/high volume spray equipment to reduce overspray to the maximum extent possible. Project/on going Planning/ Engineering No 2. The project shall implement the Green House Gas reduction measures as identified in the report titled Global Climate Change Evaluation, Palomar Airport Commons, Carlsbad CA, Scientific Resources Associates, May 18, 2010. a. Entire project is located within one-half mile of an Project/on going Planning No 01 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 8 Mitigation Measure existing/planned Class 1 or Class II bike lane and project design includes a comparable network that connects the project to the existing offsite facility. b. Bus service provides headways of one hour or less for stops within one-quarter mile; project provides safe and convenient bicycle/pedestrian access to transit stop(s). c. Project exceeds 2005 Title 24 requirements by 20%. d. Project will implement as erosion and sedimentation control program (SWPPP). e. Project will maximize water efficiency within the buildings to reduce the burden on the municipal water supply and wastewater systems by using low flush volume fixtures in all restrooms. f. Project will use refrigerants that do not contain CFCs, hydrocarbons that deplete the ozone layer. g. Project has at least three of the following on site or within one half mile: residential Development, Retail Development, Open Space, or Office (project is located within one-half mile of residential, open space and office uses). h. Project site is a vacant infill site, redevelopment area, or brown field or gray field lot that is highly accessible to regional destinations, where the destinations rating of the development site (measured as a weighted average travel time to all other regional destinations) is improved by 100% when compared to an alternative Greenfield site. i. Parking Capacity: Lowe's store will size parking to meet but not exceed local zoning. j. Heat Island Effect: Roof - White roofing membrane will be used to reduce heat island effect. k. Water Use Reduction: 30% reduction - Maximize water efficiency within the building to reduce the burden on the municipal water supply and wastewater systems by using low flow volume, fixtures in all restrooms. Reductions in water consumption are estimated at 47%. I. Fundamental Commissioning of Building Systems - Third party agency will verify that the Building Energy Systems are Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. 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. f'y: RD-Appendix P. Page 3 of 8 Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks installed according to the design, m. Minimum Energy Performance - The Building envelope will be designed to meet American Society of Heating, Refrigerating and Air-Conditioning Engineers ASHRAE 90.1- 2004 Standards utilizing computer simulation to model results, n. CFC Reduction in HVAC and Refrigerant Equipment - Facility will use refrigerants that do not contain CFC or hydrocarbons that deplete the ozone layer, o. Optimize Energy Performance - 21% improvement in the building performance rating compared to the baseline building rating per ASHRAE/IESNA Standard90.1-2004 by a whole building project simulation computer program. The Lowe's store will exceed California Title 24 Energy Guidelines by 24%. p. Refrigerant Selection - Select refrigerants to minimize direct impact on the ozone depletion, q. Measurement and Verification - Implement an ongoing plan to monitor the energy consumption and equipment performance, r. Green Power - Lowe's is currently purchasing 2% of its energy from renewable resources to comply with the EPA Power partner program, s. Storage and Collection of recyclables - Lowe's will implement a recycling program to collect waste generated by building occupants, t. Regional Material - Lowe's will utilize 10% materials that are extracted, processed, and manufactured within 500 miles of the site, u. Daylight and Views - Lowe's will use skylights and dimmers connected to photo cells to reduce energy consumption and will daylight 75% of indoor space, v. Innovation in Design - Lowe's will employ the use of Weather IRAK Smart Water Management System to reduce irrigation water consumption by 50%. w. EPA SmartWay Partnership - Lowe's is a member of the 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 8 Mitigation Measure EPA SmartWay partnership, which is a partnership between the EPA and the freight industry which increases energy efficiency and significantly reduces GHGs and air pollution from the transportation of goods. Lowe's will reduce emissions from its delivery trucks by increasing rail transportation, filling truck trailer orders more efficiently, and maximize the use of Lowe's trucking fleet. x. Native Plant Materials - The project will use as many California native plants as possible, dependent upon availability and appropriate design situations. y. Tree Canopy Shade of parking Area - The project's landscape plan will promote tree canopies to shade asphalt parking areas. z. The project provides a pedestrian access network that internally links all uses and connects to all existing external and pedestrian facilities contiguous with the project site. Project design includes a designated pedestrian route interconnecting all internal uses, site entrances, primary building entrances, public facilities, and adjacent uses to existing external pedestrian facilities and streets. Route has minimal conflict with parking and automobile circulation facilities. aa. Site design and building placement minimizes barriers to pedestrian access and interconnectivity. bb. Provide parking lot design that clearly marked pedestrian pathways between transit facilities and building entrances. cc. Project is oriented, as much as practicable, towards existing transit, bicycle, or pedestrian corridors. dd. Project provides on-site shops and services for employees. ee. Provide infrastructure/education that promotes the avoidance of products with excessive packaging, recycling, buying of refills, separating of food and yard waste to composting, and rechargeable batteries. Lowe's recycles pallets, cardboard, internal recycles, pick up of old appliances, and has a battery drop off. ff. Retro-commissioning - The process ensures that all building Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. 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 8 Mitigation Measure systems perform interactively according to the contract documents, the design intent and the owner's operational needs to optimize energy performance, gg. Project shall use drought resistant native trees with high carbon sequestration potential, hh. Project installs Energy Star labeled roof materials ii. Provide shade (within 5 years) and/or use light colored/high albedo materials (reflectance of at least .3) and/or open grid pavement for at least 30% of the site's non-roof impervious surface, including parking lots, walkways, plazas, etc. Lowe's uses light colored materials in its design, jj. Project optimizes building's thermal distribution by separating ventilation and thermal conditioning systems. Lowe's uses high efficiency HVAC system, kk. Recycle/Reuse demolished construction material. Use locally made building materials for construction of the project and associated infrastructure. Lowe's will recycle construction materials. II. Install water-saving irrigation systems. 3. The project shall implement the noise mitigation recommendations outlined in the noise study titled Noise Study, Palomar Airport Commons Development, Carlsbad CA, Ldn Consulting, May 20, 2010, Project 0945-02. a. Prior to Building Permit issuance, an interior noise analysis compliant with City standards will be required to demonstrate that the proposed building design will limit interior noise to the City's 50 DbA CNEL interior noise standard. 4. The project shall secure approvals from the County of San Diego Solid Waste Local Enforcement Agency for the implementation of methane gas mitigation measures as contained in correspondence dated April 8, 2010 from the County of San Diego prior to construction. Monitoring Type Project/on going Project Monitoring Department Planning Planning Shown on Plans No No Verified Implementation Remarks (S\ 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 6 of 8 Mitigation Measure 5. Prior to grading, mitigation in the form of an in-lieu fee for the impact to 1 .4 acres of Eucalyptus woodland (HMP Group F habitat) shall be paid to the City of Carlsbad. 6. Clearing and grubbing activities are generally prohibited during the bird breeding season (February 15 - September 15). If grading and/or removal of potential nesting sites are to occur during the nesting season, the USFWS shall be notified at least seven days before the clearing and/or grubbing begins. During this activity, a qualified biologist will walk the area ahead of construction equipment to flush birds away from impact areas. The biologist will immediately report to the USFWS the number and location of any federally listed birds disturbed by clearing/grubbing. Other initial construction activities will also be avoided during the breeding season if feasible. If this cannot be avoided, the following measures will be taken: a. Surveys will be conducted by a qualified biologist in appropriate habitat for nesting raptors and migratory birds (including but not limited to least Bell's vireo) and within an additional 500 feet survey buffer within three days of construction. b. The USFWS will be notified immediately of any federally listed species that are located during pre-construction surveys. c. If nests of listed birds migratory birds, raptors, or other sensitive species are located, they will be fenced with a protective buffer of at least 500 feet from active nests of listed species, and 300 feet from other sensitive bird species. All construction activity will be prohibited within this area. During the breeding season, construction noise will be measured regularly to maintain a threshold at or below 60dBA hourly Leq within 500 feet of breeding habitat occupied by listed species. If noise levels supersede the threshold, the construction array will be changed or noise attenuation measures will be implemented. Monitoring Type Project Project Monitoring Department Planning Planning/ Engineering Shown on Plans No Yes (grading ) Verified Implementation 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 7 of 8 Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks The project will provide the following traffic impact mitigation which results in acceptable level of service "D" during both peak hours: a) Provide an eastbound right turn lane on Palomar Airport Road at El Camino Real. This project is fully funded by the City of Carlsbad Traffic Impact Fee program and a reimbursement agreement will be executed. b) Provide dual left turn lanes northbound on El Camino Real at Palomar Airport Road. c) Modify the Palomar Airport Road/El Camino Real intersection to provide a closed circuit TV (CCTV) camera and wireless transreceiver to connect to the Traffic Management Center at the Faraday Center. Project Engineering Yes 8. Prior to Building Permit issuance, the developer shall pay a proportional fair share contribution towards the construction of a dedicated right-turn lane from eastbound Palomar Airport Road to southbound Paseo del Norte. The fair share contribution shall be determined based on Caltrans methodology to the satisfaction of the City Engineer. If construction of the right-turn lane is incorporated into the city's Traffic Impact Fee (TIF) program, the payment of the TIF will satisfy this condition. Project Engineering No 9. The project site is located on the Quaternary-aged alluvium deposits and Santiago Formation and is potentially fossiliferous almost everywhere it occurs. The project grading has the potential to disturb undisturbed soils which may contain fossils. The retaining of a paleontologist to be present during grading operations and to implement an appropriate mitigation program which includes the 'following paleontological mitigation measures shall be implemented to reduce the potential paleontological impact to a level of insignificance; A. Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. Project Planning/ Engineering Yes (grading o 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 8 of 8 Mitigation Measure B. A copy of the paleontologist's report shall be provided to the Planning Director prior to issuance of a grading permit. C. A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the .fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. D. The paleontologist shall make periodic reports to the Planning Director during the grading process. E. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts. All fossils collected may be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. 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. 1 PLANNING COMMISSION RESOLUTION NO. 6701 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 ADD A NEW "GENERAL COMMERCIAL" LAND USE DESIGNATION INCLUDING DEFINITION, GUIDELINES, GOALS, 6 OBJECTIVES, POLICIES AND IMPLEMENTING PROGRAMS. 7 CASE NAME: GENERAL COMMERCIAL AMENDMENT CASE NO: GPA 04-03 __8 o WHEREAS, the Planning Director, has filed a verified application with the City 10 of Carlsbad regarding property described as "citywide;" and 11 WHEREAS, said verified application constitutes a request for a General Plan 12 Amendment as shown on Exhibit "X" dated July 7, 2010, attached hereto and on file in the 13 Carlsbad Planning Department, General Commercial Amendment - GPA 04-03, as provided 14 in Government Code Section 65350 et. seq. and Section 21.52.150 of the Carlsbad Municipal15 , s Code; and 17 WHEREAS, the Planning Commission did, on July 7, 2010, hold a duly noticed 18 public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony 20 and arguments, if.any, of all persons desiring to be heard, said Commission considered all factors 21 relating to the General Plan Amendment. 22 23 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 24 Commission of the City of Carlsbad, as follows: 25 A) That the above recitations are true and correct. 7 f\° B) That based on the evidence presented at the public hearing, the Commission 2? RECOMMENDS APPROVAL of GENERAL COMMERCIAL AMENDMENT - GPA 04-03, based on the following findings: 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findings: 1. That the proposed amendment to the Land Use Element of the General Plan is consistent with the vision, other elements, and parts of elements of the General Plan, in that the general plan sets out goals for: adequate opportunities for retail shopping consistent with the needs of the diverse population, and functional and safe traffic circulation, and the proposed amendment articulates a policy framework for meeting those goals. 2. That the proposed amendment fulfills a need to provide for general commercial uses not presently provided and that this amendment provides a policy framework for providing guidelines, goals, objectives, and implementing policies and action programs for general commercial uses. 3. That the proposed amendment is consistent with the Growth Management Plan in that any new sites that may be designated for general commercial uses will be required to comply with all applicable growth management requirements to provide facilities and services concurrent with the development and in proportion to the demand for such facilities and services caused by the development. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on July 7, 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Douglas, Commissioners Baker, Montgomery, Nygaard and Schumacher Commissioners Dominguez and L'Heureux CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PCRESONO. 6701 -2- Land Use Element Exhibit "X" July?, 2010 dards, provide a detailed financing mechanism to ensure public facilities can be provided, are re- viewed by City staff for accuracy, and are ap- proved by the City Council after a public hearing. Individual Projects - must comply with the provisions of the Local Facilities Management Plans, as well as implement provisions of the Citywide plan. The third phase of the program includes the review of individual projects to ensure compliance with all performance stan- dards prior to the approval of any development permits. The Citywide Facilities and Improvements Plan, adopted in 1986, made an ESTIMATE of the number of dwelling units that could be built as a result of the application of the density ranges in the Land Use Element to individual projects. For the entire City at buildout, the ESTIMATE was 54,600 dwelling units or an ESTIMATED population of 135,000. The purpose of this estimate was to provide an approximate ultimate number of future dwelling units and population citywide and for each quadrant for facility planning purposes. The City's Capital Improvement Plan, Growth Management Plan, and public facilities plans are all based on this estimate. To ensure that all necessary public facilities will be available concurrent with the need to serve new development, it was necessary to set a limit on the number of future residential dwelling units which can be constructed in the City based on the estimate. The City determined the maximum number of future dwelling units which could be constructed in the four quadrants along El Camino Real and Palomar Airport Road. The maximum number of future dwelling units which may be constructed or approved in each quadrant after November 4, 1986, is as follows: Northwest Quadrant 5,844; Northeast Quadrant 6,166; Southwest Quadrant 10,667; Southwest Quadrant 10,801. (Map 1: Maximum Future Dwelling Units by Quadrant). When the Growth Management Program was ratified by Carlsbad citizens through an initiative, the voters mandated that the City not approve any General Plan amendment, zone change, tentative subdivision map or other discretionary approval which could result in future residential development above the limit in any quadrant. This mandate will remain in effect unless changed by a majority vote of the Carlsbad electorate. C. LAND USE CLASSIFICATIONS The land use classifications described herein and shown graphically on the Land Use Map (Map 2: General Plan Land Use Map) represent existing and expected land uses in the City at some future period of time, at total buildout of the City. The purpose of the Land Use Map is to serve as a diagram to graphically display the type, arrange- ment and relation of land uses planned in the City. It is not intended to be used to legally define or measure parcels of land. Table 1: Quantita- tive Breakdown of Land Use Map is a quantitative breakdown of the Land Use Map in approximate gross acres. Charts 1 and 2 provide a more visual representation of the number of acres designated for each land use category. The following are the land use classifications repre- sented on the Land Use Map: RESIDENTIAL Low Density (RL) (0-1.5 dwelling units per acre) Low-Medium Density (RLM) (0-4 dwelling units per acre) Medium Density (RM) (4-8 dwelling units per acre) Medium-High Density (RMH) (8-15 dwelling units per acre) High Density (RH) (15-23 dwelling units per acre) COMMUNITY FACILITIES (CF) COMMERCIAL Local Shopping Center (L) General Commercial (GO Regional Commercial (R) Tourist/Recreation Commercial (TR) The Village (V) Office and Related Commercial (O) PLANNED INDUSTRIAL (Pi) GOVERNMENTAL FACILITIES (G) PUBLIC UTILITIES (U) Amended June 23, 2009 Page 5 Land Use Element li ...a group of architecturally unified com- mercial establishments, numbering at least three, built on a site that is planned, developed, owned, and managed as an operating unit related to its location, size, and type of shops to the trade area that it "A City which provides for the development of compatible, conveniently located commercial centers..." serves. The unit provides on-site parking in definite relationship to the types and total size of the stores... An exception to the general rule that retail development should occur in discrete shopping centers is t The Village area of the City is one exception to the general rule that retail development should occur in discrete shopping centers. As is described in more detail below, this area reflects the "downtown" heart of old Carlsbad, much of which is today contained within a formal redevelopment district. Retail development within the Village should continue the historical pattern of individual establishments within a commercial district. Another exception to this general rule applies to the limited amount of land designated general commercial at various locations within the city. These sites have been identified as suitable for a range of retail, wholesale, office, and services some of which may not necessarily lend themselves to being located within shopping centers. In prior versions of this General Plan, the City recognized two types of local shopping centers: neighborhood and community. In 2001, however, these two categories were merged into a single category called "local shopping center." The typical characteristics of local, general and regional shopping centers commercial land uses are shown in the following Table 3: Guidelines for Typical—Shopping—Centers Commercial Land Uses. Both—The three types are described in more detail in the following sections. Typical Shopping Center Commercial Land Use Characteristics Trade Area Focus Anchor Tenants (examples) TableS: GUIDELINES FOR TYPICAL SHOPPING CENTERS COMMERCIAL LAND USES Local Shopping Center Required of All Local Shopping Centers Local daily goods and services Supermarket, drug store Possible Option, Depending on Site and Special Approvals Local, plus goods and services provided by community-serving tenants Community-serving tenants, such as value department store, chain apparel store, volume specialty store, home improvement center, multiplex cinema General Commercial General, local or community-serving goods and services General, community- serving commercial uses, such as wholesale products, department stores, home improvement stores, professional offices, motels/hotels, entertainment uses, and the provision of a broad range of retail goods and services May be a stand alone commercial use or a shopping center. Regional Shopping Center Regional Full-line department stores (2 or more), factory outlet center, "power center" of several high-volume specialty stores. Page 18 Amended June 23, 2009 Land Use Element Secondary Tenants (examples) Site Size (acres) Gross Lease Area Primary Trade Area Drive Time, at Buildout Primary Trade Area Radius Primary Trade Area Population Restaurant, bank, real estate, personal grooming, small retail, fast food, gas station, cleaners, video rental 8-20 60,000-150,000 (sq. ft.) 5-10 minutes 1.5 miles 10,000-40,000 people Apparel, specialty retail, restaurant, specialty automotive, sporting goods To 30 Up to 400,000 (sq. ft.) 10 -20 minutes 3-5 miles 40,000-150,000 people Varies Varies 5-20 minutes 3 to 5 miles Up to 150.000 Full range of specialty retail, restaurants, or entertainment. 30-100 300,000 to 1 .5 million (sq. ft.) 20 - 30 minutes 8-12 miles 150,000+ people Amended June 23, 2009 Page 19 Land Use Element Tenant composition and the type of anchor tenant are the main identifiers of a shopping center type. An anchor tenant may be an individual tenant or a group of like uses that function as an anchor tenant. For example, a combination of gourmet food shop, delicatessen meat market, and green grocery might function in lieu of a supermarket. A food service cluster, several restaurants, and a cinema complex may function as other anchor tenants. Tenant composition and the characteristics of the leading tenants define a commercial center type. Although building area, site size, trade area size, etc. are influential, they are not the primary factors in determining a center type. Notwithstanding the last statement, the concept of a shopping center's trade area for commercial land uses and shopping centers is important for other reasons such as the economic viability of the use/center, the amount of competition it will experience, and, consequently, determining the optimal spatial distribution of shopping centers commercial land uses within a community. The trade area is the geographic area that provides the majority of steady customers necessary to support a shopping center commercial land use. The boundaries of a trade area are determined by a number of variables, including the type of center, the size of the anchor tenant, the site's accessibility, geographic barriers, the location of competing facilities and, very importantly, driving time and distance (See Table 3: Guidelines for Typical—Shopping—Centers Commercial Land Uses). Consequently, trade areas can vary widely in shape, size, and configuration. In general, the closer potential customers are to a site the more likely they are to patronize it. The number of persons residing within the trade area (and their related purchasing power) must be of a sufficient size for the center to be economically viable. When the trade areas of eeotefs commercial land uses overlap then competition may exist between the Gewtefs commercial land uses and the purchasing power of the residents will be shared between the centers commercial uses. The desired number and location of shopping—oefltefs commercial land uses, especially local shopping centers, depends upon a number of factors (detailed later) that relate to "fitting" together the trade areas of potential sites and making policy decisions about the amount of gaps and overlaps that should exist between the trade areas. a. Local Shopping Center (L): The local shopping center designation allows shopping centers that include elements of the traditional neighborhood center and, under some circumstances, elements of the traditional community shopping center. Each local shopping center must contain the anchor tenants and secondary tenants that service the daily needs and convenience of local neighborhoods. These tenants include retail businesses, small offices, and a variety of services. The most common anchor tenant is a supermarket, although a large drugstore or combination of supermarket and drugstore may also serve. Secondary tenants can include small offices (for banks, insurance, real estate and other services); personal grooming providers (like beauty parlors, barbershops, and nail salons), laundromats, cleaners, small retail stores, sit-down and fast food restaurants, and gas stations, among others. Typical charac- teristics of sites for these centers are given in Table 3: Guidelines for Typical Shopping Centers Commercial Land Uses. While all sites with the designation Local Shopping Center must provide neighborhood goods and services, they may be authorized also to have anchor tenants that are more traditionally described as community-serving in nature. These community commercial tenants typically offer either a larger range of goods and services and/or a higher degree of specialization of goods and services. Often the floor area is greater than is that of stores that offer neighborhood goods and services and their trade area is larger in size and includes a larger population. These tenants may include value department stores (i.e., Target, K-mart), warehouse/club stores (i.e., Home Depot, Costco), chain apparel stores (i.e., Ross, Marshall's), a variety of large-volume specialty-goods stores (i.e., Staples, Comp USA, Good Guys) and multiplex .cinemas. When these types of anchor tenants are included in the shopping center, additional types of secondary tenants may also be included, such as restaurants and specialty retail goods. Some local shopping centers may also include quasi- public or public facilities, such as a city library or U.S. Post Office. Page 20 Amended June 23, 2009 n Land Use Element Local shopping center uses are generally located within a convenient walking and/or bicycling distance from intended customers and should be linked with surrounding neighborhoods by pedestrian and/or bicycle access. Landscaped buffers should be provided around the project site between neighborhood commercial uses and other uses to ensure compatibility. All buildings should be low-rise and should include architectural/design features to be compat- ible with the neighborhood. Permitted uses and building intensities should be compatible with surrounding land uses. b. General Commercial (GO: This land use classification designates areas that are: 1) suitable for a general range of commercial uses that may serve a broader area of the community than local neighborhood level commercial uses: and/or 2) are existing or proposed general commercial uses that are not part of a local shopping center. In addition, it may be appropriate to apply this designation to sites where additional general commercial uses are desirable: such sites may be developed with a stand alone general commercial land use or with two or more general commercial land uses. Such general commercial land uses should include the types of uses allowed by the C-1 and C-2 zones, including but not limited to: wholesale products. department stores. home improvement stores, professional offices, motels/hotels, entertainment uses, and the provision of a broad range of retail goods and services. In applying this designation to new areas, care should taken so as to assure its compatibility with surrounding land uses, particularly residential neighborhoods, while minimizing environmental impacts (including traffic and safety). One of the goals of emphasizing the use of shopping centers in Carlsbad is to prevent the development of "strip commercial", long corridors of retail/service establishments with numerous curb cuts, inappropriate intersection spacing, disharmonious architectural styles, and a proliferation of signs. The application of this designation to new areas should be undertaken judiciously, so as not to result in strip commercial development. c. Regional Commercial (R): Regional commercial centers provide shopping goods, general merchandise, automobile sales, apparel, furniture, and home furnishing in full depth and variety. Two or more department stores are typically the major anchors of a regional shopping center, while other stores supplement and complement the various department store lines. New forms of regional centers may include such developments as outlet centers with an aggregation of factory outlet stores where there are no specific anchor tenants although such centers are regional and enjoy a strong tourist trade. Regional centers draw customers from outside the City and generate interregional traffic. For this reason, such centers are customarily located on a site that is easily visible as well as accessible from interchange points between highways and freeways. Local shopping centers may be adjunct to regional centers to also serve the daily convenience needs of customers utilizing the larger shopping center. A group of convenience stores, service facilities, business and professional offices are also often associated with a regional center. Some of these may be incorporated in the center itself, or arranged at the periphery in the immediate area. ed. Travel/Recreation Commercial (TR): This land use category designates areas for visitor attractions and commercial uses that serve the travel and recreational needs of tourists, residents, as well as employees of business and industrial centers. Such uses may include, but are not limited to, hotels and motels, restaurants, recreation facilities, museums, travel support services, and specialty retail uses catering to tourists. Travel/recreation commercial uses are generally located near major transportation corridors or recreational and resort areas such as spas, hotels, beaches or lagoons. Travel/recreation commercial uses should be compatible with and designed to protect surrounding properties, should ensure safe traffic circulation and should promote economically viable tourist-oriented areas of the City. Amended June 23, 2009 Page 21 Land Use Element de. Village (V): The Village addresses land uses located in the heart of "old" Carlsbad in the area commonly referred to as the "downtown." Permitted land uses may include retail stores, offices, financial institutions, restaurants and tourist-serving facilities. Residential uses can be intermixed throughout the area. The Village Area is regulated by the Carlsbad Village Master Plan. ef. Office and Related Commercial (O): This classification designates areas that are compatible with and environmentally suited for office and professional uses, as well as related commercial uses. This designation is especially appropriate for medical office use. Office and related commercial land use can be used as buffers between retail com- mercial areas and residential uses. 4. PLANNED INDUSTRIAL (PI) Planned Industrial land uses include those areas currently used for, proposed as, or adjacent to industrial development, including manufacturing, warehousing, storage, research and develop- ment, and utility use. Agricultural and outdoor recreation uses on lots of one acre or more are considered to be a proper interim use for industrially designated areas. 5. GOVERNMENTAL FACILITIES (G) This classification of land use designates areas currently being used for major governmental facilities by agencies such as the city, county, state, or federal government. Facilities within this category may include uses such as civic buildings, libraries, maintenance yards, police and fire stations and airports (McClellan-Palomar Airport). Smaller facilities, such as branch libraries, may be found in other land use designations, such as commercial, and are not shown on the land use map. The largest facility within this classification is the McClellan-Palomar Airport located at the center of the City. The airport, owned and operated by San Diego County, serves as a major general aviation facility for northern San Diego County. More detailed discussions related to the airport may be found under Special Planning Considera- tions, as well as in the Noise, Circulation, and Public Safety Elements. 6. PUBLIC UTILITIES (U) This category of land use designates areas, both existing and proposed, either being used or which may be considered for use for public or quasi-public functions. Primary functions include such things as the generation of electrical energy, treatment of waste water, public agency maintenance storage and operating facilities, or other primary utility functions designed to serve all or a substantial portion of the community. Sites identified with a "U" designation indicate that the City is studying or may in the future evaluate the location of a utility facility which could be located within a one kilometer radius of the designations on a site for such a facility. Specific siting for such facilities shall be accomplished only by a change of zone, and an approved Precise Development Plan adopted by ordinance and approved only after fully noticed public hearings. 7. SCHOOLS This land use classification represents both existing and proposed school sites necessary to serve the ultimate planning area. Sites are designated as elementary, junior high, high school, continuation school, and private school facilities. For additional discussion see Special Planning Considerations A. Schools. 8. OPEN SPACE & COMMUNITY PARKS (OS) The Land Use Map shows the generalized boundaries of constrained lands and presently designated open space, including existing parks and special resource areas. It is not intended that the map show all future open space. The Open Space and Conservation Element of the General Plan divides the broad definition of open space into the following five categories: a. Open Space for Preservation of Natural Resources b. Open Space for Managed Production of Resources c. Open Space for Outdoor Recreation d. Open Space for Aesthetic, Cultural and Educational Purposes Page 22 Amended June 23, 2009 t a *4J 1 Land Use Element C.9 Coordinate provision of peripheral open areas in adjoining residential develop- ments to maximize the benefit of the open space. C.10 Encourage a variety of residential accom- modations and amenities in commercial areas to increase the advantages of "close in" living and convenient shopping. C.11 Require new residential development to provide pedestrian and bicycle linkages, when feasible, which connect with nearby community centers, parks, schools, points .of interest, major transportation corridors and the proposed Carlsbad Trail System. C.12 Require new master planned develop- ments and residential specific plans of over 100 acres to provide usable acres to be designated for community facilities such as daycare, worship, youth and senior citizen activities. The exact amount of land will be determined by a future amendment to the Planned Community Zone. C.13 Introduce programs to revitalize all residential areas which are deteriorating or have a high potential of becoming deterio- rated. C.14 Ensure that all hillside development is designed to preserve the visual quality of the pre-existing topography. C.15 Consider residential development, which houses employees of businesses located in the PM zone, when it can be designed to be a compatible use as an integral part of an industrial park. C.16 Require new subdivisions to create a unique sense of identity and community through quality architecture, street design, gathering places, recreation areas and landscaping. COMMUNITY FACILITIES A. GOAL A City which provides land for child daycare facilities, places of worship, and other community services facilities. B. OBJECTIVE B.1 Require new and, as appropriate, existing master plan developments and residential specific plan developments to provide us- able acres to be designated for community facilities such as child daycare, worship, youth and senior citizen activities, and other appropriate uses. C. IMPLEMENTING POLICIES AND ACTION PROGRAMS C.1 Require new and, as appropriate, existing master plan developments and residential specific plan developments to provide land for a child daycare use and other commu- nity facilities uses. C.2 Require that community facilities sites be reserved for a sufficient time period to al- low development of surrounding residential uses which would support those commu- nity facilities uses. C.3 Require that community facilities sites be located within the master plan or residen- tial specific plan to most effectively serve the residents of the master plan or resi- dential specific plan. C.4 Amend the City's Municipal Code to create a Community Facilities zone to identify those uses which will be allowed in the community facilities area and to establish development standards for community facilities uses. COMMERCIAL A. GOALS A.1 A City that achieves a healthy and diverse economic base by creating a climate for economic growth and stability to attract quality commercial development to serve the employment, shopping, recreation, and service needs of Carlsbad residents. A.2 A City that provides for the development of compatible, conveniently located teeal Local, shopping—eentefs—aftd General, Amended June 23, 2009 Page 35 Land Use Element Regional. Travel/Recreation Commercial, and Office and Related Commercial uses. A.3 A City that promotes economic develop- ment strategies, for commercial, industrial, office and tourist-oriented land uses. A.4 A City that promotes recreational and tourist-oriented land uses which serve visitors, employees of the industrial and business centers, as well as residents of the city. B. OBJECTIVES B.1 To limit the amount of new commercial land use designations to that which provides for basic commercial service to all areas of the City without creating undue overlaps in trade areas, consistent with the prime concept and image of the community as a desirable residential, open space community. B.2 To ensure that all residential areas are adequately served by commercial areas in terms of daily shopping needs which include convenience goods, food, and personal services. "Adequately served" means no residential area is outside the primary trade area of the nearest a local shopping center that provides for the local daily goods and services required for local shopping centers in Table 3: Guidelines for Commercial Land Uses. B.3 To establish and maintain commercial development standards to address landscaping, parking, signs, and site and building design, to ensure that all existing and future commercial developments are compatible with surrounding land uses. C. IMPLEMENTING POLICIES AND ACTION PROGRAMS C.1 Applications for the re-designation of land to shopping center commercial land uses shall be accompanied by a conceptual development plan of the site and a market study that demonstrates the economic viability of using the land in the way being requested. Such studies shall give due consideration to existing and future sites that may compete within shared trade areas. C.2 Utilize the following guidelines to determine the appropriate spatial distribution of new sites for local shopping centers and to assign associated zoning. In some instances it may not be possible to implement all of these guidelines fully and some degree of flexibility in their application may be required. 1. New master plans and residential specific plans and other large development proposals shall evaluate whether there is a need to include a local shopping center within the development, consistent with these guidelines. 2. Locate local shopping centers so that, wherever possible, they are centrally located within their primary trade areas. 3. As a convention, the primary trade areas of existing and proposed local shopping centers may be defined in terms of the time patrons typically experience traveling to the center. The range of travel times for local shopping centers is given in Table 3: Guidelines for Typical Shopping Centers Commercial Land Uses. Any city-wide analysis used to establish the spatial distribution of centers should consider a typical travel time, the current or built-out condition of the City and whether the travel being modeled occurs "on peak" or "off peak" travel hours, together with other factors that may be appropriate. 4. Citywide, trade areas of centers should abut one another as much as is possible, so as to result in minimal gaps and overlaps. This assures that all areas of the City will have "coverage" by a center, while reducing the propensity for over-commercializa- tion (See Goal B.1) 5. Generally, local shopping centers should not be located directly within the residential neighborhoods they Page 36 Amended June 23, 2009 "I I Land Use Element C.3 C.4 serve, but, rather, on the peripheries of the neighborhoods, along or near major streets or future extensions of major streets. 6. New sites for local shopping centers should not be located along El Camino Real, so as to minimize the commercialization of this scenic road- way. 7. The population within the trade area at buildout should be of a size that the local shopping center would be economically viable, considering other existing and future centers. 8. Consider intersection spacing and other circulation criteria to assure safe, and functional access to the local shopping center. Good locations will be readily accessed from principal travel routes and have several entrances. (Sites located along primary arterials may have difficulty meeting this guideline.) Build, and operate local shopping centers in such a way as to complement but not conflict with adjoining residential areas. This shall be accomplished by: 1. Controlling lights, signage, and hours of operation to avoid adversely im- pacting surrounding uses. 2. Requiring adequate landscaped buffers between commercial and residential uses. 3. Providing bicycle and pedestrian links between proposed local commercial centers and surrounding residential uses. Comprehensively design all commercial centers development to address common ingress and egress, adequate off-street parking and loading facilities. Each eeotef commercial site should be easily accessible by pedestrians, bicyclists, and automobiles to nearby residential development. C..5 In addition to local and regional shopping centers, provide a greater mix of general commercial services to the community in convenient locations for residents. This may be accomplished through 1) the development of stand alone general commercial uses, or 2) the development of two or more general commercial uses on the same site: provided that the commercial development is architecturally unified and avoids the creation of "strip commercial development" (i.e. long corridors of retail/service establishments with numerous curb cuts, inappropriate intersection spacing, disharmonious architectural styles, and a proliferation of signs) on discrete stand alone commercial lots which are not part of a local or regional shopping center or meet the size reguirements of a local or regional shopping center. C.§6 Ensure that commercial architecture emphasizes establishing community identity while presenting tasteful, dignified and visually appealing designs compatible with their surroundings. C.§7 When "community" tenants (see Table 3, earlier) are included in a local shopping center, they must be fully integrated into the overall function and design of the center, including the architecture, internal circulation and landscaping. The inclusion of such tenants should complement, not supplant the principal function of the center, which is to provide local goods and services. 1. No community "anchor" tenant may be built as a stand-alone building. It must share (or appear to share) walls and its building facade with other tenants in the center. 2. Neither community "anchor" tenants nor secondary tenants may feature corporate architecture or logos (excluding signs). C.78 Ensure that all commercial development provides a variety of courtyards and pedestrian ways, bicycle trails, landscaped parking lots, and the use of harmonious Amended June 23, 2009 Page 37 -72- Land Use Element architecture in the construction of buildings. C.S9 Permit the phasing of commercial projects to allow initial development and expansion in response to demographic and economic changes. Site designs should illustrate the ultimate development of the property and/or demonstrate their ability to coordinate and integrate with surrounding development. C.91P_Outdoor storage of goods and products in local shopping centers is not allowed. Temporary exceptions may be allowed for display and sale of traditional, seasonal items such as Christmas trees, pumpkins, and similar merchandise. In these exceptions, both adequate parking and safe internal circulation (vehicle, pedestrian, and bicycle) is to be maintained. C.40H Encourage commercial recreation or tourist destination facilities, as long as they protect the residential character of the community and the opportunity of local residents to enjoy (in a safe, attractive and convenient manner) the continued use of the beach, local transportation, and parking facilities. C.44-12 Orient travel/recreation commercial areas along the 1-5 corridor, in the Village, or near resort/recreation areas. C.4^13 Revise Section 21.29.030 of the Zoning Ordinance (Commercial Tourist Zone, Permitted Uses and Structures) to more accurately reflect the intent of the Travel/Recreation Commercial general plan designation to serve the traveling public, visitors to the city, as well as employees of business and industrial centers. C.4314 Review parking requirements for com- mercial areas on a periodic basis to ensure adequate parking and to address identified parking problems. C.4415 Strip commercial development (defined as—petal)—development—outside—of—a shopping—center i.e. long corridors of numerous curb cuts. inappropriate intersection spacing. disharmonious architectural styles, and a proliferation of signs) shall be discouraged in all areas of the City other than the Village. C.4§|£5 Amend Municipal Code Title 21 (zoning regulations) to create a new zoning district appropriate for the Local Shopping Center land use class. The new zone should establish allowed land uses, development standards, together with design guidelines to assure that shopping centers meet the objectives and policies set out herein. Create a new "planned shopping center" permit that will apply to all new shopping centers and major remodels of existing shopping centers, with the City Council as the decision-maker. C. 17 Require that the Qualified Development- Overlay Zone be placed on all general commercial land use designations and that a Site Development Plan shall be required for the development of a general commercial site. VILLAGE A. GOALS retail/service establishments with A.1 A City which preserves, enhances, and maintains the Village as a place for living, working, shopping, recreation, civic and cultural functions while retaining the village atmosphere and pedestrian scale. A.2 A City which creates a distinct identity for the Village by encouraging activities that traditionally locate in a pedestrian-oriented downtown area, including offices, restaurants, and specialty retail shops. A.3 A City which encourages new economic development in the Village and near transportation corridors to attract additional tourist-oriented uses and to also retain and increase resident-serving uses. A.4 A City that encourages a variety of complementary uses such as a combination of residential and commercial uses to generate pedestrian activity and create a lively, interesting social Page 38 Amended June 23, 2009 Land Use Element SPECIFIC PLAN STRIP COMMERCIAL TENTATIVE SUBDIVISION MAP UNACCEPTABLE RISK VARIANCE for a parcel of land. Similar to a master plan. A plan adopted by the City to implement its General Plan for desig- nated areas. It contains the locations and stan- dards for land use densities, streets, and other public facilities in greater detail than the General Plan and the Land Use Plan. A conglomeration of commercial development extending along both sides of a major street leading out of the center of a city.—In zoning terms, a strip zone may refer to a district consisting of a ribbon of highway commercial uses fronting both sides of a major arterial route. Long corridors of retail/service establishments with numerous curb cuts. inappropriate intersection spacing. disharmonious architectural styles, and a proliferation of signs. A proposal to subdivide land into five or more lots or units. A final map which conforms to the tentative map completes the subdivision process. Level of risk above which specific action by government is deemed to be necessary to protect life and property. A device which grants a property owner relief from certain provisions of a zoning ordinance when because of the particular physical surroundings, shape, or topographical condition of the property, compliance would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to enhance an investment. A variance may be granted, for example, to reduce yard or setback requirements, or the number of parking or loading spaces. Authority to decide variances is usually vested in the Planning Commission. Page 48 Amended June 23, 2009 1 PLANNING COMMISSION RESOLUTION NO. 6702 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 FROM TRAVEL/RECREATION COMMERCIAL (TR) AND * PLANNED INDUSTRIAL (PI) TO GENERAL COMMERCIAL 6 (GC) ON 16.65 ACRES OF PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF PALOMAR 7 AIRPORT ROAD AND EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 5. 8 CASE NAME: PALOMAR COMMONS 9 CASE NO: GPA 09-07 10 WHEREAS, Pacific Sports Resort, Inc/Pacific Athletic Club Carlsbad, Inc, 11 "Developer," has filed a verified application with the City of Carlsbad regarding property owned 12 by the County of San Diego, "Owner," described as 13 That portion of Palomar Airport in Lot G of the Rancho Agua 14 Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the 15 office of the county recorder of San Diego County 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a General Plan 18 Amendment as shown on Exhibit "GPA 09-07" dated July 7, 2010, attached hereto and on file 20 in the Carlsbad Planning Department, PALOMAR COMMONS - GPA 09-07, as provided in 21 Government Code Section 65350 et. seq. and Section 21.52.150 of the Carlsbad Municipal Code; 22 and 23 WHEREAS, the Planning Commission did, on July 7, 2010, hold a duly noticed 24 public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony26 27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 28 relating to the General Plan Amendment. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad, as follows: 3 A) That the above recitations are true and correct. 4 B) That based on the evidence presented at the public hearing, the Commission 5 RECOMMENDS APPROVAL of PALOMAR COMMONS - GPA 09-07, based on the following findings: Findings: 1. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan and the McClellan-Palomar Airport Land Use Compatibility Plan based on the facts set forth in the staff report dated July 7,2010 including, but not limited to the following: 11 Land Use: The proposed amendment to change the Land Use designation of 16.12 acres from Travel Recreation/Commercial (TR) and .87 acres of Planned Industrial 12 (pi) to General Commercial (GC) is for the purpose of developing a commercial shopping center to provide a variety of commercial goods and services to the community. 14 Land Use: That the General Commercial designated site is adjacent to major 15 transportation corridors. The site is compatible with the adjacent and existing Governmental land use to the north and Planned Industrial land uses located to the south, east, and west in that adequate separation in the form of setbacks and topographic separation is provided. Land Use: That the general commercial center provides a home improvement store, gas station, car wash, bank with drive through, and eating and drinking uses to 19 provide tax revenue, jobs, and goods and convenient services in the City. 20 Circulation: That Palomar Airport Road and El Camino Real are adequate in size and capacity to accommodate the traffic generated by the General Commercial Land Use designation. Bus stops along the roadways provide opportunities for ~~ public transportation. 23 2. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-Palomar Airport (ALUCP), dated March 4, 2010, in that as conditioned the 24 applicant shall record an avigation easement or equivalent acceptable to the County of San Diego. The project is compatible with the projected noise levels of the ALUCP; and, 25 based on the noise and safety compatibility criteria of the ALUCP, the proposed land use ~s is compatible with the airport, in that the proposed uses at the intensities proposed are permitted uses within each respective safety zone and that mitigation for noise and 27 safety are incorporated into the project. 28 PC RESO NO. 6702 -2- Conditions; 2 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 3 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 4 revoke or modify all approvals herein granted; deny or further condition issuance of all <. future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 5 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 7 or a successor in interest by the City's approval of this General Plan Amendment. ° 2. Staff is authorized and directed to make, or require the Developer to make, all corrections o and modifications to the General Plan Amendment documents, as necessary to make them internally consistent and in conformity with the final action on the project. 10 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 11 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 13 4. If any condition for construction of any public improvements or facilities, or the payment 14 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code 15 Section 66020. If any such condition is determined to be invalid, this approval shall be 1,- invalid unless the City Council determines that the project without the condition complies with all requirements of law. 17 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 18 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly 2Q or indirectly, from (a) City's approval and issuance of this General Plan Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or 21 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 22 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's 24 approval is not validated. 25 6. This approval is granted subject to the adoption of the Mitigated Negative Declaration and approval of GPA 04-03, ZC 09-08 and is subject to all conditions contained in Planning Commission Resolutions No. 6700, 6701, and 6703 for those other approvals 27 incorporated herein by reference. 28 PC RESO NO. 6702 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on July 7, 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Douglas, Commissioners Baker, Montgomery, Nygaard and Schumacher Commissioners Dominguez and L'Heureux FARRAHT5*eOUGLAS, Cftawptfrson CARLSBAD PLANNING COMMISSION ATTEST: / \Q*A DONNEU Planning Director PC RESO NO. 6702 -4- Exhibit "GPA 09-07" July 7, 2010 GPA 09-07 Palomar Commons EXISTING PROPOSED Related Case File No(s): GPA 04-03/ZC 09-08/SDP 09-05/ SUP 09-08/ CUP 03-21 (A)/CUP 09-07/CUP 10-05A/ 10-01 General Plan Land Use Designation Changes Property A. B. C. 21 3-020-1 8-00 portion 21 3-020-1 8-00 portion From: TR PI To: GC (new designation) GC ~T\ 1 PLANNING COMMISSION RESOLUTION NO. 6703 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM TOURIST 4 COMMERCIAL (C-T-Q) AND PLANNED INDUSTRIAL (P-M) TO GENERAL COMMERCIAL, QUALIFIED DEVELOPMENT OVERLAY ZONE (C-2-Q) ON 16.65 ACRES GENERALLY 6 LOCATED AT THE SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD AND EL CAMINO REAL IN LOCAL 7 FACILITIES MANAGEMENT ZONE 5. CASE NAME: PALOMAR COMMONS 8 CASE NO: ZC 09-08 9 WHEREAS, Pacific Sports Resort, Inc/Pacific Athletic Club Carlsbad, Inc, 10 "Developer," has filed a verified application with the City of Carlsbad regarding property owned 11 by the County of San Diego, "Owner," described as 13 That portion of Palomar Airport in Lot G of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State 14 of California, according to map thereof No. 823, filed in the office of the county recorder of San Diego County , 6 ("the property"); and 17 WHEREAS, said application constitutes a request for a Zone Change as shown 18 on Exhibit "ZC 09-08" dated JULY 7, 2010, attached hereto and on file in the Planning 19 Department, PALOMAR COMMONS - ZC 09-08, as provided by Chapter 21.52 of the 20 Carlsbad Municipal Code; and 21 WHEREAS, the proposed Zone Change is set forth in the draft City Council 22 23 Ordinance, EXHIBIT "X" dated July 7, 2010, and attached hereto PALOMAR COMMONS 24 - ZC 09-08; and 25 WHEREAS, the Planning Commission did on July 7, 2010, hold a duly noticed 2" public hearing as prescribed by law to consider said request; and 27 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 6 Commission as follows: 7 A) That the foregoing recitations are true and correct. o0 B) That based on the evidence presented at the public hearing, the Commission 9 RECOMMENDS APPROVAL of PALOMAR COMMONS - ZC 09-08, based on the following findings and subject to the following conditions: 10 Findings: 11 1. That the proposed Zone Change from 16.12 acres of Tourist Commercial (C-T-Q) and .87 acres of Planned Manufacturing (P-M) to General Commercial (C-2-Q) is j3 consistent with the goals and policies of the various elements of the General Plan, in that the General Commercial zoning is consistent with the Land Use Element in that it 14 will support and enhance the economic viability of the community, will be compatible with the adjacent Governmental and Planned Industrial land uses, and 15 is located along prime arterial Circulation Element roadways. 2. That the Zone Change will provide consistency between the General Plan and Zoning as 17 mandated by California state law and the City of Carlsbad General Plan Land Use Element, in that the General Commercial, Qualified Development Overlay (C-2-Q) 18 Zoning designation implements the General Commercial General Plan Land Use designation. 2Q 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 proposed location is 21 necessary and desirable to provide quality commercial development to serve the employment, shopping, and service needs of the community, which will contribute to 22 the economic development of the community. The proposed uses will not be detrimental to the health, safety, or welfare of persons working or living in the vicinity, or injurious to property or improvements in the vicinity in that adequate 24 separation of uses is proposed. The site is located along Palomar Airport Road and El Camino Real, Circulation Element roadways, which have adequate capacity to 25 serve the site. " 4. The Planning Commission has reviewed each of the exactions imposed on the Developer 27 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 28 degree of the exaction is in rough proportionality to the impact caused by the project. PC RESO NO. 6703 -2- Conditions: 2 If any of the following conditions fail to occur, or if they are, by their terms, to be 3 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all <. future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 5 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 7 or a successor in interest by the City's approval of this Zone Change. o0 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Zone Change documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall 10 occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 11 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 13 4. If any condition for construction of any public improvements or facilities, or the payment 14 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be ,,- invalid unless the City Council determines that the project without the condition complies with all requirements of law. 17 Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 18 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly 2Q or indirectly, from (a) City's approval and issuance of this Zone Change, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, 21 in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all 22 liabilities arising from the emission by the facility of electromagnetic fields or other __ energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 24 6. This approval is granted subject to the approval of the Mitigated Negative Declaration 25 and approval of GPA 04-03, and GPA 09-07 and is subject to all conditions contained in Planning Commission Resolutions No. 6700, 6701, and 6702 for those other approvals 2" incorporated herein by reference. 27 28 PC RESO NO. 6703 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on July 7, 2010, by the following vote, to wit: AYES: Chairperson Douglas, Commissioners Baker, Montgomery, Nygaard and Schumacher NOES: Commissioners Dominguez and L'Heureux ABSENT: ABSTAIN: FARRARn&^BOUGLAS, CEalrperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6703 -4- Exhibit "ZC 09-08' July 7, 2010 ZC 09-08 Palomar Commons •W^» Sr^,*V3'^'tt^sr*^f^^W,^»^ 1 • •>' P-M EXISTING PROPOSED Related Case File No(s): GPA 04-03/GPA 09-07/SDP 09-05/SUP 09-08/ CUP 03-21 (A)/CUP 09-07/CUP 10-05/V 10-01 Zoning Designation Changes Property A. B. C. 21 3-020-1 8-00 portion 21 3-020-1 8-00 portion From: C-T-Q P-M To: C-2-Q C-2-Q EXHIBIT 6 The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: July 7, 2010 Application complete date: N/A Project Planner: Van Lynch Project Engineer: Steve Bobbett SUBJECT: GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-057 SUP 09-08/CUP 03-2UAVCUP 09-07/CUP 10-05/V 10-01 - PALOMAR COMMONS - Request for the recommendation of adoption of a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program and a recommendation of approval of a General Plan Amendment to establish a new General Plan Land Use designation of General Commercial (GC), a General Plan Amendment and a Zone Change and approval of a Site Development Plan, Special Use Permit, two Conditional Use Permits, one Conditional Use Permit Amendment, and a Variance for the development of a 16.65 acre site with a 185,244 square foot commercial center located at the southwest corner of Palomar Airport Road and El Camino Real in Local Facilities Management Zone 5. I.RECOMMENDATION That the Planning Commission ADOPT RECOMMENDING ADOPTION Planning Commission Resolution No. 6700 of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and ADOPT Planning Commission Resolutions Nos. 6701, 6702, and 6703 RECOMMENDING APPROVAL of General Plan Amendment 04-03, General Plan Amendment 09-07, and Zone Change 09-08 and ADOPT Planning Commission Resolution Nos. 6704, 6705, 6706, 6707, 6708, and 6709 APPROVING Site Development Plan 09-05, Special Use Permit 09-08, Conditional Use Permit Amendment 03-21 (A), Conditional Use Permit 09-07, Conditional Use Permit 10-05, and Variance 10-01 based on the findings and subject to the conditions contained therein. II. INTRODUCTION The project is a request for the recommendation of adoption of a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program and a recommendation of approval of a General Plan Amendment to establish a new General Plan Land Use designation of General Commercial (GC), a General Plan Amendment land use change from Travel/Recreation Commercial (TR) and Planned Industrial (PI) to General Commercial (GC) and a Zone Change from Commercial Tourist - Qualified development overlay zone (C-T-Q) and Planned Industrial (P-M) to General Commercial- Qualified development overlay zone (C-2-Q) and approval of a Site Development Plan, Special Use Permit, two Conditional Use Permits, one Conditional Use Permit Amendment, and a Variance for the development of a 16.65 acre site with a 185,244 square foot commercial center located at the southwest corner of Palomar Airport Road and El Camino Real in Local Facilities Management Zone 5. The project site is the former Olympic Resort and Spa property located on the County of San Diego Airport property. o GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-05/ SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05/V 10-01 July?, 2010 PAGE 2 III. PROJECT DESCRIPTION AND BACKGROUND The Palomar Commons project involves the construction and operation of an 185,244-square- foot commercial center on 16.65 acres of land located on the southwest corner of Palomar Airport Road and El Camino Real. The project features a home improvement store (153,974 sq ft), gas station and car wash, bank with drive-through, and four retail shop buildings (31,270 sq ft total). The project includes a Conditional Use Permit for the gas station and car wash, and one for the drive through facility for the bank building. An amendment to the existing Conditional Use Permit for the adjacent County Animal Shelter is also proposed to revise the access way to the shelter. A Variance application has been made for the signs proposed on the home improvement store to increase the letter heights and sign area permitted. The City has been working towards establishing a new General Plan Land Use designation for general commercial uses which do not fit within the two existing commercial land uses which are Local Shopping Center (L) and Regional Commercial (R). There is a need to establish a General Commercial (GC) land use designation to provide for the development of a range of retail, wholesale, office, and service land uses that may not lend themselves to being located within local or regional shopping centers. The local shopping center designation allows shopping centers that include elements of the traditional neighborhood shopping center to provide for the daily needs and convenience of the local residential community. Local shopping centers are typically anchored by a supermarket and are also supported by other smaller retail services and are located in proximity to residential neighborhoods which they serve. The regional commercial land use designation provides for shopping goods, general merchandise, automobile sales, apparel, furniture, and home furnishings in full depth and variety and consists of multiple anchor stores. Regional centers draw customers from outside the city and generate interregional traffic. For this reason, these centers are typically located on sites easily visible as well as accessible from interchange points between highways and freeways. The General Commercial land use designation would allow for commercial uses which do not meet the criteria for Local Shopping Center or are not at a scale or provide enough services to be considered Regional Commercial. General Commercial sites may not be able to accommodate the requirements of the Local Shopping Center (C-L) zone or may not be located in proximity to a residential neighborhood to provide daily goods and services. Local Shopping Center zoning standards are more restrictive with respect to design to ensure compatibility with the residential neighborhoods which typically surround them. The project requires General Plan land use and zone changes. The project proposes a land use change from Travel/Recreation Commercial (TR) and Planned Industrial (PI) to General Commercial (GC). The past use of the site was the Olympic Resort and Spa which has ceased operation and is being demolished. A zone change from Commercial Tourist - Qualified development overlay zone (C-T-Q) and Planned Industrial (P-M) to General Commercial- Qualified development overlay zone (C-2-Q) is also proposed. On the western end of the site is the County of San Diego Animal Shelter which as a part of this application is modifying .87 acres of its Planned Industrial (PI) land use designation and zoning boundary and access driveway to accommodate the commercial project. GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-05/ SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05/V 10-01 July 7, 2010 PAGE 3 Discretionary applications include: a Site Development Plan for the commercial development; two Conditional Use Permits for the gas station and car wash, and bank with drive through; and a Variance to allow for wall signs to exceed the allowed letter height and sign area on the home improvement store. The project site is located on the southwest corner of Palomar Airport Road and El Camino Real and is situated 10 feet below the elevation of El Camino Real. The site varies in height in relation to the grade elevation of Palomar Airport Road. The previous Olympic Resort improvements were five feet lower than the grade of El Camino Real and the remainder of the site followed the grade of Palomar Airport Road which dips down 16 feet across the Olympic Resort site. Because of these site constraints, the site cannot be graded as one pad and achieve the pad areas required to accommodate the proposed commercial development. Therefore the site grading utilizes a split pad design to create two development areas. As Palomar Airport Road falls in elevation going westerly from El Camino Real, the site will be ten feet higher than the roadway, then transition to five feet below the roadway towards the westerly end of the project site. In order to develop the site with commercial buildings, grading is required (25, 166 cy cut/ 187,744 cy fill/162,578 cy import) to create large commercial development pads with shallow sloping areas for parking lots. The site was previously developed with a commercial 80 room hotel, spa, health club, tennis courts, golf driving range and parking lot. Surrounding the site to the north across Palomar Airport Road is the McClellan-Palomar Airport, to the south are existing industrial buildings, to the east is a public utility pumping station and industrial buildings, and to the west is the San Diego County Animal Control facility. Overall, the project will have four driveway entrances, two on Palomar Airport Road and two on El Camino Real. The project will modify the existing eastern most San Diego County Animal Shelter driveway entrance off Palomar Airport Road by moving it 100 feet easterly and forming a new signalized intersection on Palomar Airport Road. The new full intersection will provide access to both the commercial center and the Shelter and will be timed to coordinate with the signal at El Camino Real. The other entrance off Palomar Airport Road is a right in only located between the new signal and El Camino Real. Two right in - right out driveways are provided on El Camino Real with the most southern driveway intended for deliveries. New deceleration lanes for the project entrances along eastbound Palomar Airport Road and southbound El Camino Real will also be provided. The project will close the existing left turn lane onto the project site on northbound El Camino Real. The project will also modify the northbound left turn lane on El Camino Real to Palomar Airport Road to provide dual left turn lanes at the intersection and construct a separate eastbound right turn only lane on Palomar Airport Road at the El Camino Real intersection. The internal driveways allow cross circulation throughout the site and also access to the County Animal Shelter facility. The architectural theme of the commercial center is Spanish/Mediterranean. The home improvement store is a light beige painted concrete tilt up building enhanced with a front entry feature and covered arcade which extends over most of the front (north side) of the building. The store front, arcade, and architectural projections are painted medium beige. The base of the arcade structure, vertical storefront and side architectural elements are tiled with brown terra cotta tile. Both the entry feature and arcade are tiled with s-shaped mission tile roofing. The building also supports a customer loading canopy on the northwestern elevation of the building which also has a tile roof. A garden center is located on the eastern end of the building and is GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-057 SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05 /V 10-01 July 7, 2010 PAGE 4 partially coved by a shade structure and solid roof structure. The garden area is enclosed by a screening material and pilasters spaced at 25 foot intervals. The other commercial buildings are finished with a smooth stucco coating with a stone and painted plaster wainscot. Roof designs include both flat and pitched roofs in an alternating manner to provide vertical building relief. The hipped and gable pitched roofs have a clay colored barrel tile covering and decorative cement plaster parapet detail. The flat roofed buildings include a decorative cornice trim. The building elevations are enhanced with square or arched glazed window storefronts with decorative surrounds. The building facades also vary in depth from each other by 1 foot to 2 feet to provide a variety of building planes to add interest and depth to the building elevations. Three of the pad buildings (4, 6 and 7) have a larger tiled roof architectural corner feature which projects further from the primary building and provides a taller architectural element to add vertical relief. The earth tone building colors are accented with stone tile, stone veneers, ceramic accent tiles, and accent colored fabric awnings. All buildings are single story with the exception of the bank building (Pad 2) which has two stories. All buildings include adequate roof parapet walls to screen roof top mechanical equipment. The site is landscaped with a Mediterranean landscape character with drought tolerant plantings. An incidental outdoor dining area is provided between two of the retail buildings. IV. ANALYSIS The proposed project is subject to the following plans, ordinances and standards as analyzed within the following section of this staff report: A. General Plan Land Use Element - General Commercial Land Use Designation; B. General Commercial Zone (C-2) (Carlsbad Municipal Code Chapter 21.28); C. Qualified Development Overlay Zone, Chapter 21.06 of the Municipal Code; D. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP); E. El Camino Real Corridor Development Standards; F. Conditional Use Permits, Chapter 21.42 of the Municipal Code; and G. Variance, Chapter 21.50 of the Municipal Code; and H. Local Facilities Management Plan Zone 5; 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 detail in the sections below. A. General Plan In 2002, the city approved a General Plan Land Use change to combine the "Community Commercial" and "Neighborhood Commercial" into one "Local Shopping Center" land use designation. It was found that the "Community Commercial" land use designations were not being developed to provide community level goods and services. The current policies in the Land Use Element of the General Plan require that all Local Shopping Centers must contain anchor and secondary tenants that provide local daily goods and services. The most common anchor tenant is a grocery store and/or drug store. Secondary tenants may include restaurants, banks, personal grooming services, small retail, gas stations, etc. "Community" serving tenants are also allowed to locate within a local shopping center, in addition to, but not in place of, the GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-05/ SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05/V 10-01 July?, 2010 PAGES uses required to provide neighborhood goods and services. "Community" serving tenants may include large format retail uses; however, they are not currently permitted as a stand-alone use in place of a local shopping center. A new General Commercial (GC) land use designation would allow for commercial uses such as standalone uses such as home improvement stores not meeting the local or regional definition. The GC land use designation is proposed to be applied exclusively to this project site. Any future General Plan Land Use change of other sites will require a General Plan Amendment and will also need to meet the goals and objectives of the General Plan. In accordance with the new GC designation, a new general plan commercial policy will be added to "Provide a greater mix of commercial services to the community and provide general commercial services in more convenient locations for residents. This may be on discrete stand alone commercial lots which are not part of a local or regional shopping center or meet the size requirement of a local or regional shopping center." In the project area, there have been determined to be adequate local shopping centers to serve the daily goods and services to local residents (Neighborhood and Commercial Land Use Study, October 1996). The surrounding local shopping centers are, Bressi Ranch, La Costa Plaza, and Sunny Creek/Robertson Ranch commercial sites. The proposed general commercial site would provide more general goods and services and would not directly compete with the local shopping centers. The site would be developed with commercial uses not meeting the definition of local or regional commercial. There is not another vacant commercial site which would provide general commercial services in the immediate area. A market analysis (Market Feasibility Study, Palomar Commons Shopping Center, City of Carlsbad, California, Market Pointe Realty Advisors, April 14, 2010) shows that there is a lack of home improvement type services and that residents need to drive outside the city to find these types of services. There is a need for a General Plan Land Use designation to allow for commercial uses which do not fit within the local or regional commercial land use designations. The proposed General Commercial designation would fill a void left by the combining of the Local and Community Commercial designations. The project site is already land use designated Travel/Recreation Commercial for commercial uses catering to the tourist and recreational industry. The existing tourist/recreational use has ceased to operate and is being removed. Other hotels have been built in the immediate area to fulfill any loss from the existing use. The project is centrally located in the City and is not located in proximity to residential land uses and is compatible with the surrounding industrial land uses. The General Commercial land use designation would be applied to this site as well as a small portion of the County Animal Shelter which is currently land use designated Planned Industrial (PI). The project complies with all the applicable elements of the General Plan as illustrated in Table A below: GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-05/ SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05/V 10-01 July 7, 2010 PAGE 6 TABLE A - GENERAL PLAN COMPLIANCE ELEMENT Land Use Circulation Noise Public Safety USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM A healthy and diverse economic base, quality commercial development to serve the employment, shopping, and service needs. Require new development to construct roadway improvements needed to serve proposed development. To achieve noise compatibility between commercial and surrounding land uses. Minimize noise and safety hazards within areas around the airport. PROPOSED USES & IMPROVEMENTS A commercial center that provides a home improvement store, gas station, car wash, bank with drive through, and eating and drinking uses to provide tax revenue, jobs, and goods and convenient services in the City. The project will construct/improve public streets needed to serve the development and offsite uses. Project includes noise mitigation measures (i.e. building improvements and notice to owners/tenants) to attenuate noise to an acceptable level. Project is consistent with ALUCP COMPLY Yes Yes Yes Yes B.General Commercial Zone The property is proposed to be rezoned from Tourist-Commercial - Qualified development overlay (C-T-Q) and Planned Industrial (P-M) to General Commercial - Qualified development overlay (C-2-Q). The proposed new GC land use designation would also be compatible with and implemented by the C-2-Q zone. If the site were near residential or other sensitive uses, the neighborhood commercial (C-l) zone, which is more restrictive, would be better suited. The C-2 zone permits retail, wholesale and service businesses catering directly to the consumer and also includes the uses allowed in the C-l zone. The project complies with the following requirements of the General Commercial zone as demonstrated in Table B below. GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-057 SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05/V 10-01 July 7, 2010 PAGE 7 TABLE B -GENERAL COMMERCIAL ZONE (C-2) REQUIREMENTS STANDARD Building height - 35 feet with architectural to 45 feet Setbacks - Palomar Airport Road = 0 feet. El Camino Real Corridor Standards = 30 feet Parking - Eastern individual retail portion = 1 space/300 sq ft = 513. 25 spaces Western Shopping Center retail portion = 1 space/200 sq ft= 156.35 spaces Total required = 670 spaces *w/5% reduction = 637 Compact spaces up to 25% Signs Landscaping PROVIDED 35 foot tall buildings with architectural tower element to 45 feet Palomar Airport Road - 1 5 feet El Camino Real - 132 feet 508 spaces - Home improvement store. 151 spaces - Commercial 659 total spaces (1.6% reduction) 16% Variance requested to exceed sign height, area and overall area for one building Per landscape manual/Streetscape Program COMPLY Yes Yes Yes Yes* - see parking reduction provision below. Yes Project conditioned to submit a comprehensive sign program per the Sign Ordinance. Yes The applicant is requesting a 5 percent reduction for shared parking between all the uses on the site. The parking ordinance allows up to a 15 percent reduction for shared parking. The 5 percent reduction amounts to 33 fewer parking spaces than required by code. More parking spaces are provided (22) than the 5% reduction in the event of minor project changes during construction/design. All of the parking spaces are available to any user of the center and parking is well distributed to provide adequate parking to each individual tenant. C. Qualified Development Overlay Zone, Chapter 21.06 of the Municipal Code The project's proposed Qualified Development (Q) Overlay zoning designation and location within the Airport Influence Area (AIA) of the McClellan-Palomar Airport requires the processing of a Site Development Plan. Pursuant to the General Plan Land Use Element, projects within the AIA shall process a Site Development Plan or other discretionary action. The processing of a Site Development Plan is pursuant to Chapter 21.06, the Qualified Development Overlay Zone. The Q Overlay provides the City with discretion to apply additional development and design regulations over and above the standards of the C-2 zone to the project to ensure a quality design. Four findings are required for the Q-Overlay Zone. The required findings with justification for each are contained in the Planning Commission Resolution for the project. This section summarizes the necessary findings and support for each. GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-05/ SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05/V 10-01 July?, 2010 PAGE 8 1. That the requested use is properly related to the site, surroundings, and environmental settings; it is consistent with the various elements and objectives of the General Plan; it will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located; and it will not adversely impact the site, surroundings, or traffic circulation. The requested use is properly related to the site, surroundings and environmental setting as the project design complies with the requirements of the General Commercial (C-2-Q) zone and all other applicable development regulations as discussed previously in this report, except for the sign variance discussed below in the report. The proposed commercial uses are consistent with.and implement the General Commercial land use designation. The increased building setbacks from El Camino Real and Palomar Airport Road and landscaped setbacks provide an appropriate separation between the commercial center and existing and future industrial developments and to ensure the proposed project will not be detrimental to existing uses. Furthermore, the surrounding industrial uses will benefit directly by having a commercial center to serve everyday commercial needs in close proximity. The project's enhanced Spanish/Mediterranean architectural design will be compatible with the diversity of industrial and commercial architectural styles in the area. All required parking has been provided for and the infrastructure needs (full street improvements, curb, gutter, sidewalk, and traffic signals) of the uses were planned for with the construction of existing facility improvements or are conditioned to be installed. 2. That the site for the intended use is adequate in size and shape to accommodate the use. The subject site is adequate in size and shape to accommodate the proposed buildings and the proposed uses comply with the required development and design standards of the General Commercial (C-2-Q) Zone of Carlsbad Municipal Code Title 21 as previously discussed in this report. The proposed project complies with or exceeds the development standards for building setbacks, building height, and parking as proposed within the General Commercial Zone, except for the variance for additional sign height and area for the commercial project. 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. The project has been designed in accordance with all development and design standards of the General Commercial and Qualified Development Overlay Zones; therefore, the project is compatible with existing permitted and future uses. The project has been conditioned to include traffic and noise mitigation measures and outdoor lighting restrictions to ensure compatibility with the surrounding industrial and airport uses. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. Primary access to the commercial site will be provided from four driveways: two located off of Palomar Airport Road and two off of El Camino Real. Pursuant to the Circulation Analysis of the project, the street system serving the proposed uses will be adequate to handle the 12,370 GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-05/ SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05/V 10-01 July 7, 2010 PAGE 9 Average Daily Trips generated by the proposed project. A new traffic signal is proposed on Palomar Airport Road located 100 feet easterly of the existing entrance to the San Diego County Animal Shelter, which will be abandoned. The surrounding public streets will be modified to close the existing left turn lane onto the project site on northbound El Camino Real, and add new deceleration lanes for project entrances on Palomar Airport Rd and El Camino Real. The project will also modify the northbound left turn lane on El Camino Real to Palomar Airport Road to provide dual left turn lanes at the intersection and construct a separate eastbound right turn only lane on Palomar Airport Road at the El Camino Real intersection. D. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) The proposed project falls within the boundaries of the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). The ALUCP was adopted on March 4, 2010 and all projects within its boundary are required to be reviewed for consistency with its goals and policies. The ALUCP identifies four types of airport impacts that must be considered for each development: Noise, Safety, Airspace Protection, and Overflight. Noise Compatibility The purpose of the noise compatibility policies are to avoid the establishment of new incompatible land uses and exposure of the users to levels of aircraft noise that can disrupt the activities involved. Noise compatibility is evaluated pursuant to the policies and noise contours as set forth in the ALUCP, Section 3.3 Noise Compatibility Policies for McClellan-Palomar Airport. References in this staff report will be made to Table III-l and Exhibit III-2 of that Section which are incorporated herein by reference. Buildings within this project are located within three Noise Exposure Ranges: 60 - 65 dB CNEL, 65 - 70 dB CNEL and 70 - 75 dB CNEL pursuant to Exhibit III-l of the ALUCP. The land use category for this site for purposes of determining noise impacts is "retail sales; eating/drinking establishments; movie theaters; personal services." For the area of the project that is exposed to 60 - 65 dB CNEL, no special noise mitigation is required. For that portion of the site exposed to 65 - 70 dB CNEL and 70 - 75 dB CNEL, interior noise levels must be attenuated to 50dB CNEL. Also, within the area of the project exposed to 70 - 75 dB CNEL, outdoor dining is considered incompatible and is not allowed. Additionally, pursuant to Section 2.11.5 of the ALUCP, an Avigation Easement is required for any project situated on a site lying within a projected 65dB CNEL noise contour. The Avigation Easement is required to be dedicated to the entity that owns the airport. In this case, the owner of the subject site and the airport are the same entity, the County of San Diego. Since the two ownerships are the same, an avigation easement, or equivalent as approved by the County of San Diego, has been made a condition of project approval. Staff has found that this project, as conditioned, complies with all applicable noise policies of the ALUCP. GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-05/ SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05/V 10-01 July 7, 2010 PAGE 10 Airspace Protection Compatibility The purpose of the Airspace Protection compatibility policies is to ensure that structures and other uses of the land do not cause hazards to aircraft in flight within the Airport vicinity. Hazards to flight include: Physical obstructions to the navigable airspace; wildlife hazards such as bird strikes; and land uses that create visual or electronic interference with aircraft navigation or communication. The airspace protection policies of the ALUCP rely primarily upon regulations enacted by the FAA and the State of California. Basically, the regulations require notification of the FAA of any proposed construction that could interfere with aircraft flight patterns. A component of a project containing any structure or objects that may exceed the height standards defined in the FAA's Part 77, Subpart C, must submit notification of the proposal to the FAA. This project is within the boundaries of the notification area pursuant to Exhibit III-3 of the ALUCP incorporated herein by reference. As such, a condition of approval has been added requiring that an FAA notification and a non-hazard determination be provided prior to the issuance of a building permit. With this condition, staff has determined that this project meets all requirements of the Airspace Protection policies of the ALUCP. Overflight Compatibility The purpose of the Overflight compatibility policies of the ALUCP is to help notify people about the presence of overflights near airports so that they can make an informed decision regarding acquisition or leasing of property, especially residential properties, in the affected area. The Overflight policies are contained in Section 3.6 and the Notification Area is depicted on Exhibit III-4 of the ALUCP. Although this project is within the Airport Overflight Notification Area, it is a non-residential development and the recordation of an overflight notification is not required. Safety Compatibility The purpose of the Safety compatibility policies is to minimize the risks of an off-airport aircraft accident or emergency landing to people and property on the ground close to the airport and to people on board an aircraft. Safety criteria relates primarily to "usage intensity" of people on a site as projected by a particular land use type. "Usage intensity" is defined as the maximum number of people per acre that can be in a given area at any one time. If a proposed use exceeds the maximum intensity, then it is considered inconsistent with the safety compatibility policies of the ALUCP. Six separate safety zones (Zones 1-6) are defined by the ALUCP. Each zone has maximum intensity levels for each zone. Zone 1 is the boundary of the Runway Protection Zone (RPZ) and is the most restrictive of the safety zones. Increased intensity is permitted with each higher safety zone with Zone 6 being the least restrictive. The ALUCP provides three separate methodologies for determining intensity levels of people for a site. The three methods are: Floor Area Ratio, Maximum Building Occupancy and Parking Space Requirements. The local implementing agency is responsible for determining which method of identifying usage intensity is best suited to their jurisdiction. For this project, staff is GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-057 SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05/V 10-01 July?, 2010 PAGE 11 using the Parking Space Requirement as its method of determining usage intensity for this project. This methodology determines the number of people that can be on the site at any given time based on the demand for parking that is created by the land uses proposed on the site. Contained within Section 3.4 of the ALUCP and incorporated herein by reference are Table III- 2, Safety Compatibility Land Use Matrix, and Exhibit III-2, the Safety Compatibility Map. Exhibit III-2 depicts the safety zones for the land surrounding McClellan-Palomar Airport. Table III-2 is a matrix that sorts land uses by specific categories and defines maximum usage for each land use category by safety zone. The site contains four safety zones. Zone 1 is the RPZ and parking is the only use proposed within this zone. The proposed home improvement building is located primarily in Zone 3 with a portion of the building within Zones 2 and 4. The remaining shops on the west side of the property are located within Zones 2 and 3. The proposed uses for this project are defined by Table III-2 as "Community/Neighborhood Shopping Centers < 300,000 square feet." The method for determining usage intensity based on required parking standards are as follows. First, the parking space demand must be determined for the proposed land uses. For this project, the home improvement building has a parking demand of 1 parking space per 300 square feet of gross floor area. The remaining buildings on site have a parking demand of 1 parking space per 200 square feet of gross floor area. Next, a Vehicle Occupancy Ratio (average number of people per vehicle) is determined by using the guidelines provided in Appendix D of the ALUCP. A shopping use category has a projected Vehicle Occupancy range of 1.5 to 1.8 average people per vehicle. The home improvement store uses the lower value (1.5) as the use is less intense and the remainder of the site uses a more conservative (1.7) value. Once the parking demand and the vehicle occupancy ratio are defined, the usage intensity is determined within each safety zone to ensure compliance with the policies of the ALUCP. A measurement of usage intensity is shown in Table C: GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-057 SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05 TV 10-01 July 7, 20 10 PAGE 12 _ TABLE C - PROJECT INTENSITY Zones 1 2 3 4 Use Home Imp Shops Home Imp Shops Home Imp Shops Home Imp Shops Gross Building Sq. Ft. 0 0 32,484 14,270 114,678 17,000 6,812 0 Parking Ratio 0 0 0.003 0.005 0.003 0.005 0.003 0.005 Parking Req'd (1) 0 0 108.28 71.35 382.26 85.00 22.71 0 People per Vehicle Ratio (2) 1.5 1.7 1.5 1.7 1.5 2.2 1.5 1.7 Total People Per Use Per zone 0 0 162.42 +121.30= 573.39 +187.00= 34.06 + 0= Total People Per Acre 0 283.72 760.39 34.06 Zone Acreage 4.99 4.24 7.2 0.45 Calculated People Per Acre 0 66.91 105.61 75.69 Allowed People Per Acre 0 70 130 130 1. Required parking is the total parking required by the Zoning Ordinance before any reductions are taken for shared parking. 2. People per Vehicle Ratio is increased in Zone 3 to take into account the likelihood of more dining uses. Based on Required Parking Spaces methodology, this project complies with the safety criteria of usage intensity of the ALUCP. E. El Camino Real Corridor Development Standards The project is located within Area Four of the El Camino Real Corridor Development Standards. Area Four identifies this area as a "planned campus" research, business, and service center area. The original Olympic Resort facility which provided commercial and service type uses was under construction when the plan was adopted. The proposed commercial project will continue the provision of goods and service type uses to the industrial park and community. This segment of the corridor does not provide distant views and the substantial building setback provided (132 feet) will not cause a tunnel effect as if buildings were in proximity to the roadway. The project complies with the requirements of the El Camino Real Corridor Development Standards as demonstrated in Table D below. GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-057 SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05/V 10-01 July 7, 2010 PAGE 13 TABLE D - EL CAMINO REAL CORRIDOR DEVELOPMENT STANDARDS STANDARD Sidewalks Signs -Free standing monument not to exceed five feet in height and 24 square feet in area. Building height - Maximum of 35 feet from pad grade. Grading - No cut or fill exceeding 15 feet from original grade. Setbacks - Minimum 30 feet. Parking 25 foot minimum Roof Equipment shall not be visible PROVIDED Sidewalks along the entire project frontage Free standing monument five feet in height and 24 square feet in area 35 feet from pad grade Grading is within 5 to 10 feet of existing grade. Building setback 132 feet. Parking 25 feet. Parapet walls screen mechanical equipment from El Camino Real COMPLY Yes Yes Yes Yes Yes Yes F. Conditional Use Permits, Chapter 21.42 of the Municipal Code As shown in Table E, two drive-through facilities (a gas station and car wash, and drive thru bank) are proposed with this project. Conditional uses, such as bank drive thru teller lanes, gas stations, and car washes possess unique and special characteristics that make it impractical to include them as permitted uses "by right" in any of the various zoning classifications (i.e. commercial, office, industrial). Pursuant to the General Commercial (C-2) Zone, drive-thru businesses (that are not restaurants), gas stations, and car washes are permitted in the zone with the approval of a CUP pursuant to the provisions and findings of Chapter 21.42.030. Staff has reviewed the two drive-thru facilities in the proposed project and concludes that all the necessary findings can be made to approve the CUPs. The required findings and satisfaction of these findings are discussed below in Table F. TABLE E - PROPOSED CONDITIONAL USES CUP NUMBER CUP 09-07 CUP 10-05 TYPE OF PROPOSED USE Gas station/car wash Financial pad - Bank Drive thru UNIQUE FEATURES Carwash integrated into building design Covered drive-thru and landscaped GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-05/ SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05 /V 10-01 July 7, 2010 PAGE 14 TABLE F - CONDITIONAL USE PERMIT FINDINGS FINDINGS PROJECT CONSISTENCY That the requested use is necessary or desirable for the development of the community, and is essentially in harmony with the various elements and objectives of the General Plan, including, if applicable, the certified Local Coastal Program. The requested use is necessary and desirable for the development of the community in that a drive-thru teller, gas station and car wash provide desirable services and are a convenience to the community by providing increased accessibility and are designed to operate safely and efficiently within the commercial center. The projects are consistent with the General Plan Land Use, Circulation, and Public Safety Elements as shown in Table A. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. The proposed drive-thru facilities lanes are designed so that they will not impact other commercial uses in the center. The gas station and car wash will not be detrimental to existing uses as discussed in the section below. Each drive-thru provides an adequate vehicle stacking lane as to prevent blocking the commercial centers internal circulation aisles, parking aisles, or parking spaces. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the planning director, planning commission or city council, in order to integrate the use with other uses in the neighborhood. The proposed drive-through facilities comply with all required development standards of the C-2 Zone discussed previously in this report. The gas station and car washes comply with the CUP section of the Zoning Ordinance as discussed below. The proposed design of each drive-thru lane includes a covered decorative building element with planters and landscaping to screen and separate the drive-thru lane from the existing parking lot. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. The project will generate approximately 12,370 ADT. All uses within the Palomar Commons Shopping Center, including businesses with drive-through facilities, gas station, and car washes, are included in the overall shopping center Site Development Plan approval. The proposed drive through facilities will provide directional arrows/signs in the parking lot to guide drive-up users to the lane and is designed with sufficient vehicular stacking to avoid impacting the internal circulation system. GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-057 SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05 /V 10-01 July?, 2010 PAGE 15 TABLE F - SPECIFIC GAS STATION FINDINGS DEVELOPMENT STANDARD Part of a community shopping center Architecturally compatible with surrounding uses Landscaping: • Six foot planters • Six inch curbs • Flowers , shrubs, and trees • Efficient sprinkler system • Maintenance schedule Six foot masonry wall adjoining residential Shield exterior lighting All display and storage contained within building Trash enclosures Signs in conformance with Sign Ordinance Full public improvements PROVIDED Gas station is within a General Commercial shopping center. Architecture similar to remainder of center. Project provides 10 foot minimum planters with six- inch curbs and flowers, shrubs and trees irrigated with an efficient sprinkler system and maintenance schedule per the Landscape Manual. Not adjacent to residential, no wall required. Project conditioned to provide lighting study showing compliance. Project conditioned to preclude outdoor displays and storage. Project provides and is conditioned to meet Engineering GS-16 trash enclosure standard. Project conditioned to provide a sign program that complies with the sign ordinance. Project conditioned to fully construct required public improvements. COMPLIANCE Yes Yes Yes Yes Yes Yes Yes Yes Yes TABLE F - SPECIFIC CAR WASH FINDINGS DEVELOPMENT STANDARD Designed to reduce visual impacts of buildings and waiting car's Architecturally integrated buildings PROVIDED Building is located perpendicular to Palomar Airport Road and is behind the gas station convenience store with screening of waiting cars by landscaping. Architecture similar to remainder of center. COMPLIANCE Yes Yes GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-05/ SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05/V 10-01 July 7, 2010 PAGE 16 TABLE F - SPECIFIC CAR WASH FINDINGS CONTINUED DEVELOPMENT STANDARD Noise analysis addressing noise impacts Traffic study Adequate parking and circulation Screening of waiting cars Signs in conformance with Sign Ordinance Adequate means to eliminate oils and grease PROVIDED Noise assessment prepared and no significant noise impacts are identified. Traffic study prepared and impacts addressed via conditions of approval. Parking provided and queue lines are adequate to not impact driveways or circulation. Queue lines screened by landscaping and topography. Project conditioned to provide a sign program that complies with the sign ordinance. Building code requires interceptor (clarifiers) to remove oils and grease. COMPLIANCE Yes Yes Yes Yes Yes Yes The findings and conditions for the approval of the existing San Diego Animal Control Facility, CUP 03-21, are still applicable and adequate for the use. The revision of the CUP is for the documentation of the new and reconfigured driveway entrance. The existing CUP does not have an expiration date and no expiration date is proposed. In the event the project did not move forward, the existing CUP 03-21 would remain in effect as the new CUP amendment (03-21 (A)) would not be effectuated. G. Variance, Chapter 21.50 of the Municipal Code The applicant is requesting a Variance from the Sign Ordinance (C.M.C. 21.41) to allow for an increase in the overall sign area allowance, individual sign area allowance, and maximum sign/letter height on only the home improvement store. Pursuant to Section 21.41.095 of the Carlsbad Municipal Code, commercial free standing buildings are allowed one square foot of wall sign area per lineal foot of building frontage. The building frontage of the home improvement store is 691 lineal feet. This would allocate 691 square feet of wall sign area for the whole building and to be used at the discretion of the developer and pursuant to an approved sign program and sign permits. The ordinance also has a maximum sign area per wall sign of 150 square feet. The maximum letter heights vary based on building size. For a building greater than 50,000 square feet, the maximum letter height is 48 inches (or four feet). Per the sign ordinance, sign area is computed by measuring the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the message used to differentiate the sign from the backdrop or structure against which it placed. The sign for the home improvement store contains a blue )00 GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-05/ SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05 /V 10-01 July 7, 2010 PAGE 17 colored background which is the corporation's logo and is significantly larger than the text of the actual sign. The background is considered an integral part of the sign and is included in the overall sign area calculation. The Variance for the increase in the individual sign area is requested for three of the five signs proposed for the home improvement store with one sign per readily visible building elevation (no sign on back of building). The sign above the main entry to the store is the largest at 616 square feet in overall area. The other two signs are located on each side building elevation and are each 164 square feet in area. The letter height of the main entry sign is seven feet-nine inches (7'9") and the letter height of the side elevations signs is four (4) feet, which is in compliance. The overall sign area being requested is 1051 square feet. The area of just the actual signs (lettering only) proposed is 436 square feet in area, which is 255 square feet below the 691 square foot allowance for the building. Pursuant to Chapter 21.50 of the Carlsbad Municipal Code, Variances may only be granted if all four required findings can be made. Each of the findings and the supporting analysis is described below. 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The subject lot is located on the southwest corner of El Camino Real and Palomar Airport Road, and was the site of the former Olympic Resort. The development of the previous use was not subject to current airport regulations. The site is unique given the constraints of a Runway Protection Zone discussed in section D of this report that encumbers the subject property, including much of its Palomar Airport Road frontage. In fact, very few parcels in the city have this airport-based constraint and thus, this property is highly unique in this regard. The effect of the Runway Protection Zone results in an anchor-tenant setback for this use that ranges from 180 to 300 feet from Palomar Airport Road. This required setback from Palomar Airport reduces the visibility of the wall signs to the general public and passing motorists. For a retail commercial use, such as a home improvement store, visible signage from passing motorists is a significant determinant of economic success. Therefore, staff recommends support of the request for the home improvement building to exceed the maximum sign area and maximum letter height standards. The approval of this sign variance for this use will not establish a negative precedent for other properties in the vicinity and under identical zoning classification because the surrounding properties are zoned Planned Industrial: there are no other C-2 zoned properties in the project vicinity with similar airport setback constraints. 2. That the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding. GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-057 SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05 TV 10-01 July 7, 2010 PAGE 18 As discussed above, no other properties in this vicinity are zoned for commercial uses, nor rely primarily on the general public and particularly passing motorist for business given their Planned Industrial zoning classification. In addition, the other properties are not subject to the significant airport building setbacks required of this project for the home improvement building, therefore inconsistent limitations or signage allowances are not being established. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property. The granting of a variance for increased wall signage for the proposed home improvement use does not authorize a use which is not otherwise expressly permitted by the. zoning regulations or by the project Site Development Plan in that signs are a permitted use in the General Commercial zone. 4. That the variance is consistent with the general purpose and intent of the General Plan and any applicable specific or master plans. The intent of the General Plan with regards to the proposed project is to ensure that commercial architecture emphasizes community identity while preserving visually appealing designs compatible with their surroundings. The increase in height of the sign letters and the increase in size of the wall signs do not compromise the general aesthetic character of the surrounding area since the large building is over 150,000 square feet in area and 691 feet in length, and the signage is proportionate to the building size. The one largest letter height of the main sign (the "L") is 7'9" and the remainder of the main sign letters area 6'8" tall. The height of the building elevation where the sign is located is 35 feet tall. The actual sign lettering proposed (436 sq ft) is 255 sq ft less than the sign area allowed (691 sq ft) and the pairing of the larger logo and letter signs for Lowe's is common and used nationwide. H. Local Facilities Management Plan Zone 5 A Local Facilities Management Plan (LFMP) has been previously prepared and adopted for Zone 5 pursuant to the requirements of the Growth Management Ordinance, Chapter 21.90 of the Municipal Code. The project will be in compliance with the required performance standards by satisfying the general and special conditions listed in the LFMZ plan. The previous Olympic resort site was developed with 33,000 square feet of commercial use. The net increase in commercial space is 152,244 square feet with the redevelopment of this property with the proposed project. All required infrastructure is currently in place or conditioned to be constructed with this project to serve the proposed commercial use consistent with LFMZ 5. The facility demands of the build out of Local Facilities Management Zone 5 were based on a projection of future development within the zone. The project's facilities impacts are summarized in Table G below: \0' GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-05/ SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05/V 10-01 July 7, 2010 PAGE 19 TABLE G- LFMP ZONE 5 SUMMARY STANDARD City Administration Library Waste Water Treatment Parks Drainage Circulation Fire Open Space Schools: Carlsbad Unified School District Sewer Water IMPACTS N/A N/A 1 8,607 gpd $.40/sq ft 28.3 cfs 1 2,370 ADT Station #5 N/A Disturbed site previously dev Elementary: 0 Middle: 0 High: 0 85EDU 18,700 gpd COMPLIANCE W/STANDARDS Yes Yes Yes Yes Yes Yes Yes Yes Yes: School Fees Yes Yes V.ENVIRONMENTAL REVIEW Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19 of the Carlsbad Municipal Code), staff has conducted an environmental impact assessment to determine if the project could have any potentially significant impact on the environment. The environmental impact assessment identified potentially significant impacts to air quality, green house gasses, biological resources, cultural resources, hazards, and transportation and circulation. Mitigation measures have been incorporated into the design of the project or have been placed 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 and sent to the State Clearinghouse for public agency review. Public comment letters were not received during the 30-day public review period from May 26, 2010 to June 25, 2010. ATTACHMENTS: 1. Planning Commission Resolution No. 6700 (MND) 2. Planning Commission Resolution No. 6701 (GPA) 3. Planning Commission Resolution No. 6702 (GPA) 4. Planning Commission Resolution No. 6703 (ZC) 5. Planning Commission Resolution No. 6704 (SDP) 6. Planning Commission Resolution No. 6705 (SUP) 7. Planning Commission Resolution No. 6706 (CUP) 8. Planning Commission Resolution No. 6707 (CUP) 9. Planning Commission Resolution No. 6708 (CUP) 10. Planning Commission Resolution No. 6709 (V) 11. Location Map 12. Background Data Sheet 2. GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-057 SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05/V 10-01 July 7, 2010 PAGE 20 13. Local Facilities Impacts Assessment Form 14. Disclosure Statement 15. Planning Commission Resolution No. 5492 16. Reduced Exhibits 17. Exhibits "A - KK" dated July 7, 2010 IOM BACKGROUND DATA SHEET CASE NO: GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-057 SUP 09-08/CUP 03-2KAVCUP 09-07/CUP 10-05/V 10-01 CASE NAME: PALOMAR COMMONS APPLICANT: Pacific Sports Resort. Inc/Pacific Athletic Club Carlsbad. Inc. REQUEST AND LOCATION: Request for the recommendation of adoption of a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program and a recommendation of approval of a General Plan Amendment to establish a new General Plan Land Use designation of General Commercial (GO. a General Plan Amendment, and a Zone Change and approval of a Site Development Plan, Special Use Permit, two Conditional Use Permits, one Conditional Use Permit Amendment and a Variance for the development of a 16.65 acre site with a 185.244 square foot commercial center located at the southwest corner of Palomar Airport Road and El Camino Real in Local Facilities Management Zone 5. LEGAL DESCRIPTION: That portion of Palomar Airport in Lot G of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the office of the county recorder of San Diego County. APN: 213-020-18-00 Acres: 16.65 Proposed No. of Lots/Units: 185.244 sq ft commercial GENERAL PLAN AND ZONING Existing Land Use Designation: Travel/Recreation Commercial (TR) Proposed Land Use Designation: General Commercial (GO Density Allowed: N/A Density Proposed: N/A Existing Zone: Tourist Commercial (C-T-Q) and Planned Industrial (PM) Proposed Zone: General Commercial (C-2-Q) and Planned Industrial (PM) Surrounding Zoning, General Plan and Land Use: General Plan Site North South East West C-2-Q CG Manufacturing (M) Planned Industrial (P- M) Planned Industrial (P- M) Planned Industrial (P- M) Government (G) Planned Industrial (PI) Planned Industrial (PI) Planned Industrial (PI) Current Land Use Vacant Palomar Airport Industrial Industrial Animal Shelter Revised 01/06 LOCAL COASTAL PROGRAM Coastal Zone: I I Yes ^ No Local Coastal Program Segment: N/A Within Appeal Jurisdiction: I I Yes E<] No Coastal Development Permit: I I Yes 1X1 No Local Coastal Program Amendment: I I Yes IXI No Existing LCP Land Use Designation: N/A Proposed LCP Land Use Designation: N/A Existing LCP Zone: N/A Proposed LCP Zone: N/A PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 85 ENVIRONMENTAL IMPACT ASSESSMENT Categorical Exemption, Negative Declaration, issued May 25. 2010 I I Certified Environmental Impact Report, dated D Other, Revised 01/06 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Palomar Commons - GPA 04-03/GPA 09-07/ZC 09-Q8/SDP 09-05/ SUP 09-08/ CUP 03-2KAVCUP 09-07/CUP 10-05/V 10-01 LOCAL FACILITY MANAGEMENT ZONE: 5 GENERAL PLAN: General Commercial (GO ZONING: General Commercial - Qualified Development Overlay Zone (C-2-Q) DEVELOPER'S NAME: Pacific Sports Resort, Inc./Pacific Athletic Club Carlsbad. Inc. ADDRESS: One Lombard Street, San Francisco, CA 94111 PHONE NO.: (720)284-6418 ASSESSOR'S PARCEL NO.: 213-020-18-00 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 185,244 sq ft commercial ESTIMATED COMPLETION DATE: Spring 2011 18,607 gpd .40/sq ft 28.3 cfs C A. City Administrative Facilities: Demand in Square Footage = N/A B. Library: Demand in Square Footage = N/A C. Wastewater Treatment Capacity (Calculate with J. Sewer) D. Park: Demand in Acreage = E. Drainage: Demand in CFS = Identify Drainage Basin = F. Circulation: Demand in ADT = G. Fire: Served by Fire Station No. H. Open Space: Acreage Provided = I. Schools: J. Sewer: Demands in EDU Identify Sub Basin = K. Water: Demand in GPD = 12,370 — C N/A Carlsbad 85 Buena/Vallecitos 18,700 IDT DISCLOSURE Development Services STATEMENT Planning Department CITY OF n ^/*\ 1635 Faraday Avenue l J (760)602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note;- ••.••••.• • • . ' Parson is defined as 'Any individual, firmf.corpartnership, joint venture, association, social dub, fraternal organization*: corporation, estate; trust receiver, syndicate, in this and any-other county, city and county* city municipality; district or other pofttfc^ subdivision of any. ottier group or combination acting as a unit' A0«ritsmay sign this, document: however, the legal name and entity of the applicant arid properly owner musibe' provided below. . : 1 . APPUCANT (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, titles, 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 oubfidv-owned corporation, indude the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Pacif io Sport s Resort , Inc . , Person COfp/Part Pac^fi° Athletic Club Carlsbad,Inc. Title _ ' Title _ AddreSS _ AddreSS Oae Bombard Street C/0 Western Athletic Club San Francisco, Ca 94111 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 (U-. partnership, tenants in common, non-profit corporation, etc.). If the ownership indudes a corporation or partnership, indude the names, titles, 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, indude the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Coune^ o£ San DieS°< DeE>t • o£ Public works. Airports a. polH'toaA ^ub.d<v/>sion ist1 \-\i\e.Title _ Title__ _ Address _ AddreSS I960 Joe Crosson Drive _ _ , _ . _ El Cajon, Ca 92020-1236 P-1(A) Page 1 of 2 Revised (MAM 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust. list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profrtfl'rust, Title Title_ Address Address 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes |Aj No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. information is true and correct tothe best of my \\_l_^3 _ Signature of owner/dafe ' Signature 6f applicant/date \J County ot San Diego, DepC. of Public Works, Airports Pacific Sports Resort, Inc. /Pacific Athletic Club Carlsbad, Inc . Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1 (A) Page 2 of 2 Revised 04/09 EXHIBIT 7 Planning Commission Minutes July?, 2010 Page 5 Commissioner L'Heureux stated he is in favor of the project and complimented the applicant on the colored map depicting the placement of the various plans within the neighborhood. Chairperson Douglas commented that this development will not look like a cookie-cutter development and complimented the applicant on the project. MOTION ACTION: Motion by Commissioner L'Heureux, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6711 recommending approval of Planned Development Permit Amendment PUD 05-12(6) based on the findings and subject to the conditions contained therein. VOTE: 7-0 AYES: Chairperson Douglas, Commissioner Baker, Commissioner Dominguez, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Nygaard and Commissioner Schumacher NOES: None ABSENT: None ABSTAIN: None Chairperson Douglas asked Mr. Neu to introduce the next item. 3. GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-05/SUP 09-08/CUP 03-21 (Al/CUP 09-07/CUP 10-05/V 10-01 - PALOMAR COMMONS - Request for the recommendation of adoption of a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program and a recommendation of approval of a General Plan Amendment to establish a new General Plan Land Use designation of General Commercial (GC), a General Plan Amendment and a Zone Change and approval of a Site Development Plan, Special Use Permit, two Conditional Use Permits, one Conditional Use Permit Amendment, and a Variance for the development of a 16.65 acre site with a 185,244 square foot commercial center located at the southwest corner of Palomar Airport Road and El Camino Real in Local Facilities Management Zone 5. Mr. Neu introduced Agenda Item 3 and stated Senior Planner Van Lynch would make the Staff presentation. Chairperson Douglas opened the public hearing on Agenda Item 3. Mr. Lynch gave a detailed presentation and stated he would be available to answer any questions. Chairperson Douglas asked if there were any questions of Staff. Commissioner Baker stated that some of the buildings do not seem to be related as they are currently placed. She commented that it might be a more walkable project if the buildings were placed closer together. Mr. Lynch stated much of the design for the project is dictated by the intensity of uses that is allowed by the Airport Land Use Compatibility Plan. Commissioner Baker stated that if the further you are away from the airport the more intense the use can be, it would then make more sense to have the more intense uses further from the airport. Mr. Lynch stated the applicant can address the issues regarding the design of the project. Mr. Lynch stated the project did go through quite a few revisions during the review of the Airport Plan. Commissioner Baker commented that she is concerned because of the shared uses of the parking and the reduction of parking. Mr. Neu stated that when Staff reviews the distribution of parking, Staff is looking at the distribution of parking relative to the uses of the buildings. Mr. Neu stated that if all of the buildings end up on the southern side of the access road there is the potential for pedestrians crossing the road from a sea of parking. The building placement along the road also helps break up the parking lot. Mr. Neu further commented that at one point there were utility lines that affected the site in terms of the placement of buildings. Planning Commission Minutes July 7,2010 Page 6 Commissioner Baker asked about the grading for the proposed project. Mr. Lynch directed the Commission's attention to a slide and explained the proposed grading. Commissioner Baker commented about the sign ordinance and stated she was not sure how the Planning Commission could grant a variance to this project when it was not allowed for the project across the street. Commissioner Baker inquired about the placement of the proposed gas station and compliance with the Airport Plan. Mr. Lynch stated the airport authority is agreeable with the placement of the gas station, and stated it is a permitted use and falls within the intensity range for allowed uses in that area. Commissioner Schumacher asked Staff to discuss the path of pedestrian access to the site from the adjacent property as well as other areas in the industrial park. Mr. Lynch stated there was a pedestrian plan. Mr. Lynch directed the Commission's attention to a slide and indicated the path pedestrians would take to enter and move through the site. Mr. Schumacher suggested that a sidewalk should be added along the south side of the project to the west of the Lowe's building. Commissioner Nygaard suggested that a pedestrian connection between this site and the Viasat property to the south be included in the project. Mr. Lynch stated the applicant is working with Viasat and the project site has the potential of doing offsite grading to better match the grades between the two sites. That requires approval from Viasat, and the two parties are currently working together to provide a pedestrian link between the two projects. Mr: Lynch stated that is a private arrangement between the adjacent neighbors. Commissioner Nygaard asked how that could fit into the Commission's approval process. Mr. Neu stated it would have to be done as a private easement. Staff felt it would be problematic to have it as a requirement. Commissioner Schumacher asked about the traffic ratings for the Palomar Airport Road/El Camino Real intersection as it exists today versus when the proposed project is complete. Doug Bilse, Traffic Systems Engineer, stated the intersection operates adequately now. Looking at the overall movements for the intersection, some are more congested than others. Mr. Bilse stated there are mitigations required. The first mitigation measure is that for the near term plus project condition that intersection must be coordinated. The applicant will have to provide the equipment so that the intersection can be monitored and coordinated remotely. Commissioner Schumacher asked if the intersection will be at its standard and not at a failure once the mitigation measures are in place. Mr. Bilse stated that was correct. Commissioner Baker inquired about the new intersection on Palomar Airport Road and if it will be timed with the intersection at Palomar Airport Road and El Camino Real. Mr. Bilse stated that it can be coordinated, and the applicant will install the equipment to allow for the coordination. During the peak hours, it will be coordinated; however by doing that it creates degradation of other movements at the intersection. Commissioner Baker stated that there will be two left turn lanes onto Palomar Airport Road from northbound El Camino Real and asked if that traffic will then hit a red light at the new intersection. Mr. Bilse stated there would only be a red light if there is traffic waiting to leave the project site. Mr. Bilse stated that while he could coordinate the left turn lanes, he would not be able to coordinate the thru traffic along Palomar Airport Road. Commissioner L'Heureux asked if any of the other lights along Palomar Airport Road are coordinated. Mr. Bilse stated all the lights are with the exception of the intersection at Palomar Airport Road and El Camino Real. Commissioner L'Heureux asked how much more traffic this project will generate along Palomar Airport Road. Mr. Bilse stated that during the peak hours it is about 500 ADT entering and 500 leaving the project, with most of the traffic travelling west on Palomar Airport Road. The next heaviest movement is southbound El Camino Real. Commissioner L'Heureux stated he assumes that the majority of people going to Lowe's as opposed to the other retail stores in the center will not be going during the peak hours with the exception of contractors. Mr. Bilse stated that the home improvement stores do not have the typical peak hour traffic. Commissioner Dominguez asked about the spacing between the corner of Palomar Airport Road and El Camino Real and the proposed entrance on El Camino Real. Mr. Bilse directed the Commission's II! Planning Commission Minutes July 7,2010 Page 7 attention to a slide and stated that spacing does not meet the ideal standard for spacing. Mr. Bilse stated 2,600 feet is ideal spacing. This proposed entrance is approximately 300 feet from the intersection. Because there is a deceleration lane, the proposed spacing is allowable. This new entrance will be closer to Palomar Airport Road than what currently exists at the site. Two entrances are proposed for this project on El Camino Real: the entrance closer to Palomar Airport Road and a service entrance which will be located further south on El Camino Real. The current left turn access to the site from northbound El Camino Real will be eliminated. Commissioner Dominguez asked about the ADT. Mr. Bilse stated that will be new trips with no credit given to previous land uses. The analysis shows 12,400 ADT with no reduction for what is called pass-by trips. Commissioner Montgomery asked for clarification regarding the previous project that was approved at this site than had an intersection further to the east on Palomar Airport Road than what is being proposed tonight. Mr. Bilse stated that it is his understanding Staff was having difficulties with that proposed location being signalized. With this proposal, the intersection was moved as far west as possible and where it is adequate to be signalized. Chairperson Douglas asked if there were any further questions of Staff. Seeing none, she asked if the applicant wished to make a presentation. Cotton Sudberry, representing Sudberry Properties, 5465 Morehouse Road, Suite 260, San Diego, gave a detailed presentation and stated he would be available to answer questions. Mr. Sudberry introduced Peri Holliday, Site Development Manager for Lowes, 1530 Faraday Ave, Carlsbad, who also gave a brief presentation and stated she would be available to answer any questions. Commissioner Baker asked about annual sales expected from a Lowe's store of this size. Ms. Holliday stated it is anticipated to be approximately $25 to $35 million a year. Commissioner L'Heureux asked about if the proposed store is considered to be a small, medium or large sized Lowe's store. Ms. Holliday stated it would be considered a mid-size due to the square footage only. Commissioner L'Heureux asked how this store will be considered a green building. Ms. Holliday stated this store will have 7 of the prerequisites and 20 points incorporated through the design; however, they are not going to seek LEED certification but the building does meet LEED standards. Chairperson Douglas asked about methodology used for the traffic counts. Andy Schlaefli, representing Urban Systems Associates, 4540 Kearney Villa Road, San Diego, explained that the analysis for the traffic counts started at a base of zero. Although there was a prior entitlement on the site, no traffic credits were given. All of the trips in the Traffic Impact Analysis are all assumed to be new trips from the proposed project. Chairperson Douglas asked if there were any traffic figures from when the Olympic Resort was open. Mr. Schlaefli stated that in terms of daily traffic it was roughly 5,000 to 6,000 cars per day; however the nature of the two uses is different and peak hours for the two uses is different. Chairperson Douglas asked why the first entrance to the site was placed so close to the Palomar Airport Road/El Camino Real intersection. Mr. Schlaefli stated that because the left turn lanes from westbound Palomar Airport Road are on a separate signal phase so they wanted the right turn lane into the site immediately past the end of the curb return. The entrance is also a free flow entrance which serves as a queuing area to get the cars off El Camino and distributes the traffic much better through the site. The second, more southerly entrance to the site is more for deliveries. Mr. Schlaefli further clarified the proposed entrances on Palomar Airport Road. Chairperson Douglas asked if there will be clear signage for the cars entering the site using the first entrance along El Camino Real. Mr. Schlaefli stated there will be directional signs. Chairperson Douglas asked if the signs would be similar to what has been constructed for the entrance to the Flower Fields. Mr. Lynch stated no. He explained that this site is different in that when making a left turn from Palomar Airport Road, the cars will not be put into a dedicated right turn lane. It is a separate deceleration lane the traffic will merge into to make the right turn into the project site. Mr. Neu stated that the entrance into the Costco shopping center is a good comparison to this proposal. Planning Commission Minutes July 7,2010 Page 8 Commissioner Baker inquired if it was possible to not have a right turn available immediately after entering the site from El Camino Real using the first driveway entrance. Mr. Schlaefli stated that people tend to typically drive into the site closer to the entrance of the store. Commissioner L'Heureux asked about the purpose of the proposed entrance on Palomar Airport Road closest to the intersection at Palomar Airport Road and El Camino Real. Mr. Schlaefli stated that it is the intention to get people into the site and to have the parking distributed rather than having a queuing, lane at the new signalized intersection with cars travelling through any potential pedestrian crossings. Commissioner Dominguez asked as a constrained property in regards to traffic how this site compares, on a scale from 1 to 10, to other sites. Mr. Schlaefli stated that for access, he would rate it at least an 8.5. Bill Hofman, Hofman Planning and Engineering, 3152 Lionshead Avenue, stated he is agreeable to adding a sidewalk along the southern part of the project. He also commented on the requested variance for the signage for this site compared to the public storage facility across the street. Mr. Hofman stated that the site across the street is situated above street level and the setbacks for that building are right on the street. The Planning Commission did approve a variance for a monument sign for that site. Mr. Hofman stated that in this proposal, the site is 10 feet below the grade of the street, and the setback is up 300 feet at some places along Palomar Airport Road. Chairperson Douglas asked if there were any further questions. Seeing none, she asked if there were any members of the audience who wished to speak on the item. Seeing none, Chairperson Douglas opened and closed public testimony. DISCUSSION Commissioner Montgomery stated the site requires an excessive amount of grading, but he feels this project warrants it. With the aviation constraints, the avigation easement, and other easements, he stated he can understand the proposed placement of the buildings. He is generally in favor of approving the General Plan Amendment for the proposed new General Commercial Land Use designation. Commissioner Montgomery stated he is not sure if he can support the requested variance. Commissioner Schumacher stated he agrees with Commissioner Montgomery's comments. He also stated he is in support of the project. Commissioner Baker commented this is a difficult site due to all the constraints. She feels this project works and likes how this has project been planned. She further stated she can support the project but would like to see some connectivity with the adjacent properties. Commissioner Baker stated she is not opposed to the sign but is not supportive of the variance. Commissioner Dominguez stated that given the site, the applicant has done an admirable job with the proposal. He feels the additional ADT could be problematic. He feels ambivalent about the lack of publicity with this project. Commissioner Dominguez further commented that he is concerned with the request for the variance. Commissioner Nygaard feels the applicant has done a good job of explaining the issues the Commission has grappled with. She stated that having a business such as Lowe's in the community is something that will only help our community in the future. She stated the variance for the sign bothers her. Commissioner Nygaard stated she is supportive of the project. Commissioner L'Heureux stated he does not have a problem with a lot of the concept of this project except for the General Plan Amendment. The community made a decision many years ago about big box stores. He also commented that he does not believe there has been enough community outreach regarding this project. Commissioner L'Heureux commented that one of the good things about this location is that it is removed from residential uses and it is in an industrial site. He stated he is having a very difficult time justifying the General Plan Amendment to add the new land use designation and he feels it should be an issue handled by the Envision Carlsbad Committee. '6I *-s Planning Commission Minutes July?, 2010 Page 9 Chairperson Douglas stated she likes the project on that site. She feels this project satisfies a need for the city's residents. She is comfortable with the traffic issues. She further stated the applicant has done enough for public comments and input. Chairperson Douglas stated she can support this project. Mr. Neu stated that in regards to the creation on the General Commercial designation, Staff started work on the project in 2004. The current General Plan was adopted in 1994. Mr. Neu stated one of the programs in the General Plan was to look at the commercial uses and figure out what was appropriate for the City. The first part of that effort was focused on the local shopping centers which resulted in the General Plan category and the local shopping center zone. The other part was to look at the other commercial markets or types of uses and how those could be best addressed. Currently large format retail uses would be allowed in both the local shopping center category if daily goods and services are also being provided. Mr. Neu reminded the Commission about the recently approved La Costa Town Square site which had a grocery store as well as a space for a larger bigger box tenant. Mr. Neu stated the larger format uses are also allowed in the regional category. There are a number of regional commercial uses within the city such as Plaza Camino Real, the auto mall, the Premium Outlet Mall, and the Forum Shopping Center. One of the great advantages of this site is the lack of residential nearby to avoid any conflict in land uses. Staff did look at adding the use to the list of allowed uses in the Planned Industrial zones but felt that could be problematic due to potential conflicts. Mr. Neu stated that because of the timing for this proposal, Staff again picked up the effort for the General Plan Amendment to add the new General Commercial designation. In terms of the General Plan category, Mr. Neu stated it is something that can be taken up during the second phase of Envision Carlsbad. Commissioner Dominguez stated the Costco building was put into the referendum because of the community and there were many conditions placed on it. Mr. Neu stated the Costco site is currently designated as Regional Commercial; however at the time of its approval, there were fewer of those sites. Because the interchange at Palomar Airport Road and Interstate 5 was not fully improved at the time, one condition was to close the store in the afternoon to help with the peak afternoon traffic until the Palomar Airport Road bridge over I-5 was improved. Commissioner L'Heureux asked why, in creating the General Commercial zone, it was not articulated that one of the criteria is that it not be near residential. Mr. Neu stated that Staff wanted this designation to afford the city the ability to have commercial sites in many different circumstances. Staff was not looking at this new category for large format retail uses only. Mr. Neu stated that Staff does feel there are potential uses for it in other parts of the city. In the instances where proposed centers are near residential, Staff will look at compatibility issues. Staff also felt that if the category had too many constraints many of the potential sites where the designation could be placed would be quickly eliminated. Commissioner Montgomery asked if there are restrictions that would preclude outdoor eating areas and if so, if the restrictions could be relaxed so outdoor tables could be used. Mr. Lynch stated there are not any restrictions on outdoor eating areas; however there are provisions in the code for any incidental outdoor dining areas that are related to a specific user. This proposal does have an outdoor plaza area that can be used communally by all of the retail services. Commissioner Montgomery stated he would like the potential tenants to have the option for outdoor eating. Mr. Hofman stated there is one restriction on outdoor dining areas pertaining to the Airport Land Use Compatibility Plan that within the 70 contour there is no outdoor dining allowed. Mr. Hofman stated that it only affects a small portion of the site. Commissioner Dominguez asked that the item be continued to the next available meeting so that the proposal can receive the proper community input. The Commission declined the request for a continuance. Planning Commission Minutes July 7,2010 Page 10 MOTION ACTION: Motion by Commissioner Nygaard, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6700 recommending adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and adopt Planning Commission Resolutions Nos. 6701, 6702, and 6703 recommending approval of General Plan Amendment 04-03, General Plan Amendment 09-07, and Zone Change 09-08 and adopt Planning Commission Resolution Nos. 6704 as amended, 6705, 6706, 6707 and 6708 approving Site Development Plan 09-05, Special Use Permit 09-08, Conditional Use Permit Amendment 03-21 (A), Conditional Use Permit 09-07, and Conditional Use Permit 10-05 based on the findings and subject to the conditions contained therein including the added condition that the applicant is conditioned to provide a pedestrian sidewalk on the southern boundary of the main driveway. VOTE: 5-2-0 AYES: Chairperson Douglas, Commissioner Baker, Commissioner Montgomery, Commissioner Nygaard and Commissioner Schumacher NOES: Commissioner Dominguez and Commissioner L'Heureux ABSENT: None ABSTAIN: None Chairperson Douglas asked the Commission to discuss the issues regarding the sign variance. Commissioner Montgomery stated the smaller sign is fine with the addition of street monumentation that is adequately done. Commissioner Schumacher stated it is a huge sign as proposed. Because of the large setbacks, he can see where it would be acceptable but it is a large variance. He stated he would like to find a way to work with Lowe's. Commissioner Montgomery asked if all the letters could be 4' tall ("OWES") and then have a variance for the "L". Commissioner Baker stated on principle she does not like the idea of a variance. She appreciates the idea of working with the applicant and coming to an agreement. Commissioner Dominguez stated he does not like variances. Because the El Camino Real Scenic Corridor creates other constraints on signage, he feels it would be fair to have some sort of trade-off such as reducing the size of the sign on the building and provide a monument sign. Commissioner Nygaard stated she tends to agree with Commissioner Dominguez and Commissioner Schumacher. She stated the proposed sign is too big but is willing to work on a compromise. Commissioner Baker asked if the applicant can work with Staff and Planning Director to come to an agreement and then bring the variance for the sign back to the Commission. Commission L'Heureux stated that the proposed sign is too big. He feels that a sign similar to the monument sign for Costco would be acceptable. He stated that a sign on the building that meets the sign ordinance requirements along with some strategically placed monument signs would be acceptable. Chairperson Douglas stated that as a business owner she understands the need for signage. She is agreeable to the suggestion proposed by Commissioner Baker. Mr. Neu stated that for the storage facility across the street, the Commission restricted signage on the elevation facing the corner of Palomar Airport Road and El Camino Real, and the Commission reduced the size of the signage to 50% of what would have been allowed by the ordinance. When the owner of Planning Commission Minutes July 7,2010 Page 11 that site requested a variance, he requested the sign area that is allowed by the sign ordinance be transferred from a wall sign to a second monument sign. Part of Staffs concern with this site is the issue of the scale of the sign in relation to the building. If the Commission's direction is for Staff and the applicant to work on an alternative that focuses on monument signs as opposed to larger wall signs or some degree of wall sign increase compared to what the ordinance would allow, Staff will do so and return with an alternative proposal. Ms. Mobaldi stated that for the Commissioners that voted against the project, it would not be appropriate to vote on the variance. Ms. Holliday requested that the applicant have the opportunity to work with Staff and to come back a future date with a revised proposal for a sign variance. MOTION ACTION: Motion by Commissioner Nygaard, and duly seconded, that the Planning Commission continue V 10-01 to the meeting of August 4, 2010. VOTE: 5-0-2 AYES: Chairperson Douglas, Commissioner Baker, Commissioner Montgomery, Commissioner Nygaard and Commissioner Schumacher NOES: None ABSENT: None ABSTAIN: Commissioner Dominguez and Commissioner L'Heureux Chairperson Douglas closed the public hearing on Agenda Item 3 and thanked Staff for their presentations. COMMISSION COMMENTS None. PLANNING DIRECTOR COMMENTS None. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of July 7, 2010, was adjourned at 9:40 p.m. DON NEU Planning Director Bridget Desmarais Minutes Clerk Easy Peel Labels Use Avery® TEMPLATE 5160®j^Feed Paper See Instruction Sheet i for Easy Peel Feature j^I AVERY® 5160® CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AVE SAN MARCOS CA 92069 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 1966OLIVENHAIN RD 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 STEVE MACIEJ - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 Etiquettes faciles a peler Utilisez le qabarit AVERY® 5160®Sens de chargement Consultez la feuille d'instruction www.avery.com 1-800-GO-AVERY mai g 09 IB/09 1.9® AJSAV i|}i/v\ 8|qi}eduioo ,,g/g 3 x „;. aas |aqe| EQI CARLSBAD PTNSHP L P 7700 WOLF RIVER BLVD GERMANTOWN, TN 38138-1752 BOI CARLSBAD INC PO BOX 121604 ARLINGTON, TX 76012-1604 LEVINE INVESTMENTS LIMITED 1702 E HIGHLAND AVE 310 PHOENIX, AZ 85016-4666 PIVOTAL 650 CALIFORNIA ST LLC 1702 E HIGHLAND AVE 310 PHOENIX, AZ 85016-4666 WALTON CWCA NORTHPOINTE 76 LI PO BOX 4900 SCOTTSDALE, AZ 85261-4900 RF DARWIN 501 SANTA MONICA BLVD 312 SANTA MONICA, CA 90401-2497 DONALD Sc SUZANNE BRAND 735 17TH ST SANTA MONICA, CA 90402-3011 ZINOLA L P 506 MONTERA CT CHULA VISTA, CA 91910-7584 ROBERT B HARO 1324 BELLEVIEW AVE CARDIFF BY TH, CA 92007-2416 ARO PARTNERS 1015 CHESTNUT AVE A03 CARLSBAD, CA 92008-2564 CALLAWAY GOLF CO 2285 RUTHERFORD RD CARLSBAD, CA 92008-8815 CARLSBAD TECHNOLOGY INC 5923 BALFOUR CT CARLSBAD, CA 92008-7304 LONGFELLOW 5927 BALFOUR CT 111 CARLSBAD, CA 92008-7376 MEHRAN & ALEXANDRA ARAM 5927 BALFOUR CT 114 CARLSBAD, CA 92008-7375 GEORGE STEVEN K & MICHELLE KROGH JAMES A RAY 5927 BALFOUR CT CARLSBAD, CA 92008-7375 5927 BALFOUR CT 101 CARLSBAD, CA 92008-7376 5927 BALFOUR CT 104 CARLSBAD, CA 92008-7376 BIOTRAK MARKET INTELLIGENCE I 5927 BALFOUR CT 201 CARLSBAD, CA 92008-7377 HASAN MICHAEL CPA 5927 BALFOUR CT 114 CARLSBAD, CA 92008-7343 HASAN MICHAEL CPA FINANCIAL BENEFITS SVCS LLC JOULE INVESTMENTS LLC 5927 BALFOUR CT 115 CARLSBAD, CA 92008-7343 5927 BALFOUR CT 212 CARLSBAD, CA 92008-7377 -5927 BALFOUR CT 215 CARLSBAD, CA 92008-7375 MOAVENI 5927 BALFOUR CT 208 CARLSBAD, CA 92008-7377 CATCHPOLE 5927 BALFOUR CT 103 CARLSBAD, CA 92008-7376 OGRADY 4884 PARK DR CARLSBAD, CA 92008-3811 SUZANNE M AUDISS 5927 BALFOUR CT 203 CARLSBAD, CA 92008-7377 HOWES WEILER & ASSOCIATES 5927 BALFOUR CT 202 CARLSBAD, CA 92008-7377 MARC & ANN MADISON 5927 BALFOUR CT 209 CARLSBAD, CA 92008-7376 iabel size 1" x 2 5/8" compatible with Avery' }5160/3160 Riniiftttfi ilfi fnrmat ?.'i mm x fi7 mm nnmnatihlfi ;?vw: Averv :l£i1 fin/81 fin 091-8/0919® &9AV 39AB siqpdiuoo DJUI /g x LULU yg teuuoj. op 091-8/091.9® AJ8AV i]}!M siqijGdujoo ,|;/g g x „ L ^is |oqe| KIM P & ANITA FICHERA 5927 BALFOUR CT 210 CARLSBAD, CA 92008-7377 WIIK 5928 BALFOUR CT CARLSBAD, CA 92008-7304 NORTH COAST MARKETING L L C 5924 BALFOUR.CT 100 CARLSBAD, CA 92008-7378 COREY D Sc RYAN WEBER 2221 RUTHERFORD RD CARLSBAD, CA 92008-8815 BOURRET HOLDINGS L L C 1950 KELLOGG AVE CARLSBAD, CA 92008-6581 KIRBY 1958 KELLOGG AVE CARLSBAD, CA 92008-6581 BRUCE Sc VICKI REDMON 1944 KELLOGG AVE CARLSBAD, CA 92008-6581 POLARIS INDUSTRIAL ENTERPRIS! 1954 KELLOGG.AVE CARLSBAD, CA 92008-6581 FIFTY-FIRST STREET L L C WAYMAR L L C CAMPUS CARLSBAD LLC 1938 KELLOGG AVE CARLSBAD, CA 92008-6581 1940 KELLOGG AVE CARLSBAD, CA 92008-6581 1525 FARADAY AVE 100 CARLSBAD, CA 92008-7371 ECLECTIC ENTERPRISES LLC SLOUGH CARLSBAD LLC MCR LANDAU LLC 2244 FARADAY AVE CARLSBAD, CA 92008-7208 2235 FARADAY AVE 0 CARLSBAD, CA 92008-7215 1808 ASTON AVE 180 CARLSBAD, CA 92008-7364 MCR FARNSWORTH LLC CALIFORNIA TRANSPLANT SERVICI EL CEDRO LLC 1808 ASTON AVE 180 CARLSBAD, CA 92008-7364 5845 OWENS AVE CARLSBAD, CA 92008-6562 5940 DARWIN CT CARLSBAD, CA 92008-7394 SHAKA ZULU LLC MCR PAR LLC GEMOLOGICAL INSTITUTE OF AMEI 1932 KELLOGG AVE CARLSBAD, CA 92008-6581 1808 ASTON AVE 180 CARLSBAD, CA 92008-7364 5345 ARMADA DR CARLSBAD, CA 92008-4602 RICHARD T WHEELER DONALD S Sc FRANCES DIEHL MAMAS HOUSE LLC 7151 BABILONIA ST CARLSBAD, CA 92009-6509 2016 SALIENTE WAY CARLSBAD, CA 92009-7920 6195 EL CAMINO REAL CARLSBAD, CA 92009-1602 MAMAS HOUSE L L C II AS IF HOLDINGS LLC JAMES P Sc YELENA ETTINGER 6195 EL CAMINO REAL CARLSBAD, CA 92009-1602 6179 EL CAMINO REAL CARLSBAD, CA 92009-1608 6262 VILLAGE GREEN DR CARLSBAD, CA 92009-3070 YONG YU 6076 CORTE DEL CEDRO CARLSBAD, CA 92011-1514 GARY W MOSELLE 6058 CORTE DEL CEDRO CARLSBAD, CA 92011-1514 label size 1"x2 5/8" compatible with Avery''35160/8160 Etiaurtte r)e format 25 mm x 67 mm comnatihle avec Averv ' '5160/8160 0918/091-9® ^J8AV 38AB 9|qi}edlUOd IJJLU /9 X LUUJ gg JBUUOJ 9P 9}}9nb!}3 0918/091-2© rtJ9AV MUM 9|q!!Bdiuoo ,,8/9 2 x „ (. azjs |9QB| T FUTURE L L C 6054 CORTE DEL CEDRO CARLSBAD, CA 92011-1514 BAD, CA 92011-104 BECKMANCARLSBAD I L L C 6183 PASEO DEL NORTE 280 CARLSBAD, CA 92011-1151 1946 KELLOGG LLC JFS PROPERTIES L P TECHPLEX L P PO BOX 2605 CARLSBAD, CA 92018-2605 PO BOX 2543 CARLSBAD, CA 92018-2543 1000 PIONEER WAY EL CAJON, CA 92020-1923 DUNCAN J & NATALIE NEWMAN APPLIED VALVES & CONTROLS INC KENT & ANNA WATERS 1832 CREST DR ENCINITAS, CA 92024-5214 1862 BLUE BONNET PL ENCINITAS, CA 92024-1963 356 DELAGE DR ENCINITAS, CA 92024-4723 HELDERS 245 VIA TIERRA ENCINITAS, CA 92024-5313 6084 CORTE DEL CEDRO PTSHP 277 LA VETA AVE ENCINITAS, CA 92024-2508 THOMAS A HUNT 3637 COPPER CREST RD ENCINITAS, CA 92024-7204 STRUCTURES ON THE GREEN L L ( PO BOX 2763 LA JOLLA, CA 92038-2763 ROY P & ROBERTA JOSEPHO PO BOX 12567 LA JOLLA, CA 92039-2567 0 SANTA , CA 92067= ALCON INVESTMENTS LLC PO BOX 7098 RANCHO SANTA , CA 92067-7098 YUEN PO BOX 8822 RANCHO SANTA CA 92067-8822 MARC & ANN MADISON 990 HIGHLAND DR 206 SOLANA BEACH, CA 92075-2427 H & M EAGLE L P PO BOX 3802 RCHO SANTA FE, CA 92067-3802 ALPS LODGING 2 INC 621 S HIGHWAY 101 SOLANA BEACH, CA 92075-2215 VINNIE VALLIE PROPERTIES L L PO BOX 412 SOLANA BEACH, CA 92075-0412 GENERATIONS 3L L L C 1285 DISTRIBUTION WAY VISTA, CA 92081-8817 CRILLY MCGUIRE & HACKETT L L 2045 ESPLENDIDO AVE VISTA, CA 92084-7919 GROWING PAINS LLC PO BOX 339 VISTA, CA 92085-0339 DEI LLC' PO BOX 1388 VISTA, CA 92085-1388 C E G I-RUTHERFORD LLC 406 9TH AVE 309 SAN DIEGO, CA 92101-7278 label size 1" x 2 5/8" compatible with Averyj!5160/8180i:ti(ihHitft lie format 95 mm x B7 mm nnmnatihlfi wee Avflrv ';:!51 fill/81 f>0 E OWNE1 110 W^^T 1505 SAJ^TTIEGO, CA 92101-39 0918/0915® A.I9AV MAS 9|qi}Bdui03 LULU /j x uiui gg iBiiuo} ap epnbiH 091-9/091.9®AJ9AV WM aiqLjEdiuoo .g/ggx^gzisiBqei DOO RAN AMERICA INC 1431 PACIFIC HWY 710 SAN DIEGO, CA 92101. ROSEWOOD INVESTORS L L C 1650 HOTEL CIR 200 SAN DIEGO, CA 92108-2818 PACIFIC RESEARCH CENTER L P FENTON H G COMPANY FENTON CARLSBAD L L C 3838 CAMINO DEL RIO 300 SAN DIEGO, CA 92108-1764 7577 MISSION VALLEY RD SAN DIEGO, CA 92108-4432 7577 MISSION VALLEY RD SAN DIEGO, CA 92108-4432 CARLSBAD SELF STORAGE L L C CARLSBAD CC L P SUNROAD OTAY PARTNERS 10531 SORRENTO VALLEY RD A SAN DIEGO, CA 92121-1608 10188 TELESIS CT 222 SAN DIEGO, CA 92121-4779 4445 EASTGATE MALL 400 SAN DIEGO, CA 92121-1979 V P I BRESSI STORAGE L L C DURKIN C A C LOT 24 L L C G T F PROPERTIES 8910 UNIVERSITY CENTER LN 63( SAN DIEGO, CA 92122-1027 4660 LA JOLLA VILLAGE DR 108( SAN DIEGO, CA 92122-4615 PO BOX 919065 SAN DIEGO, CA 92191-9065 LUANNE L LEONARD PALOMAR LOT 10 BUSINESS CENT!AIRPORT SELF STORAGE L L C 36560 SAQUARO CT RANCHO MIRAGE, CA 92270-2332 2152 DUPONT DR 203 IRVINE, CA 92612-1316 2082 MICHELSON DR 212B IRVINE, CA 92612-1212 MORGAN-ALTON LTD 15375 BARRANCA PKWY E102 IRVINE, CA 92618-2207 C B INVESTMENT PROPERTIES L I 151 KALMUS DR B150 COSTA MESA, CA 92626-7955 SHAMROCK PROPERTIES LLC REALTY ASSOCIATES FUND L P VI ROBERT D WARD 23 BROOKLINE ALISO VIEJO, CA 92656-1461 1301 DOVE ST 860 NEWPORT BEACH, CA 92660-2440 205 VIA MARFINO SAN CLEMENTE, CA 92673-6602 ALDERSON 24131 CASCADES DR LAGUNA NIGUEL, CA 92677-2418 SHOICHI OZAKI 27281 LAS RAMBLAS 200 MISSION VIEJO, CA 92691-8303 FULLERTON CMNTY BK FSB 505 S VILLA REAL 101A ANAHEIM, CA 92807-3432 ROCKWELL FARMS INC JETT & JONES LLC LANIKAI PARTNERS II 10 PLAZA SQ ORANGE, CA 92866-1417 PO BOX 455 SANTA YNEZ, CA 93460-0455 PO BOX 445 SANTA YNEZ, CA 93460-0445 LANIKAI MANAGEMENT CORP LANIKAI PARTNERS II LANIKAI MANAGEMENT CORP PO BOX 455 SANTA YNEZ, CA 93460-0455 PO BOX 445 SANTA YNEZ, CA 93460-0445 PO BOX 455 SANTA YNEZ, CA 93460-0455 label size 1" x 2 5/8" compatible with Avery ^5160/8160 tte de format 25 mm x 67 mm compatible avec Avery "^ 160/8160 091.8/091% AJSAV 09A6 9|qpduioo mm Z9 x mm 53 iem.iOf sp apnbjia 09 1-8/091.9® AJSAV ifliM aiqpduioo ,,8/9 S x,. (. azis |9QE| LANIKAI PARTNERS II JCCE-PALOMAR L L C *** 122 Printed *** PO BOX 445 SANTA YNEZ, CA 93460-0445 23554 OLD 44 DR MILLVILLE, CA 96062-9506 DIANE NYGAARD 5020 NIGHTHAWK WY OCEANSIDE CA 92056 label size 1' x 2 5/8" compatible with Avery' '5160/8160 Ftiniititte rtfi formal ?5 mm x R7 mm nnmnatihlfi awftn Av«rv ^.S Easy Peel Labels Use Avery® TEMPLATE 5160®j^Feed Paper See Instruction Sheet j for Easy Peel Feature^IAVERY®5160® CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AVE SAN MARCOS CA 92069 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 4949VIEWRIDGEAV 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 STEVE MACIEJ - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160®Sens de chargement Consultez la feuille d'instruction www.avery.com 1-800-GO-AVERY