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HomeMy WebLinkAbout2017-01-24; City Council; ; Certification of an Environmental Impact Report and approval of General and Master Plan Amendments and two Conditional Use Permits for Uptown BressiCA Review ill- @ S~~ff R~port Meeting Date: To: From: Staff Contact: Subject: Project Name: Project No.: January 24, 2017 Mayor and City Council Kevin Crawford, City Manage~ Van Lynch, Principal Planner van.lynch@carlsbadca.gov or 760-602-4613 Certification of an Environmental Impact Report and approval of a General Plan Amendment, Local Facilities Management Plan Amendment, Master Plan Amendment, Vesting Tentative Tract Map, Planned Development Permit, two Site Development Plans and two Conditional Use Permits for the Uptown Bressi project located within the Bressi Ranch Master Plan. Uptown Bressi EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14-09/CUP 16-01 Recommended Action That the City Council hold a public hearing and introduce an ordinance approving Master Plan Amendment 178(1) and adopt a Resolution to certify the Environmental Impact Report EIR 15-01, including the Candidate Findings of Fact and a Mitigation Monitoring and Reporting Program, and approve General Plan Amendment 14-04, Local Facilities Management Plan Amendment 87- 17(A), Vesting Tentative Tract Map 14-09, Planned Deve lopment Permit 14-10, Site Development Plans 14-13 and 16-06, and Conditional Use Permits 14-09 and 16-01 for the development of a 17.71 acre site within the Bressi Ranch Master Plan with a 91,164 square foot shopping center, and a 125 unit multi-family condominium project. Executive Summary Shea Properties has submitted an application for the development of a local shopping center and residential subdivision on 17.71 acres of land generally located at the southwest corner of Palomar Airport Road and El Fuerte Street within the Bressi Ranch Master Plan. The existing Planned Industrial General Plan Land Use designation is proposed to be changed to Local Commercial and R-23 Residential to accommodate the mixed-use project. An environmental impact report has been prepared which analyzes the potential impacts to the environment which may be caused by the development of the site. The environmental analysis identified that there are no significant unmitigable environmental impacts. The project site is proposed to be divided into two separate yet interconnected development areas. The eastern 9.97-acre commercial portion of the site would be developed with approximately 91,164 square feet of commercial use development. The proposed commercial square footage consists of a 28,000-square-foot food market, 16,454 square foot pharmacy/drive-thru, 11,650 square foot major tenant, and 35,060 square feet of smaller retail uses. Outdoor plazas and dining areas {9,160 sq. ft.) are dispersed around the multi-tenant shop Item #11 January 24, 2017 Page 1 of 189 areas. Architecturally, the buildings are designed to complement the existing Bressi Ranch commercial project adjacent to the south. The Planning Commission recommended approval of the project to the City Council (5-0-2 -l'Heureux/Montgomery absent). Discussion Project Application(s) Administrative Planning City Approval Commission Council EIR 15-01 RA X GPA 14-04 RA X MP 178(1) RA X LFMP 87-17(A) RA X CT 14-09 RA X PUD 14-10 RA X SOP 14-13/SDP 16-06 RA X CUP 14-09/CUP 16-01 RA X RA = Recommended Approval x = Final City decision-making authority ../ = Requires Coastal Commission approval At the December 7, 2016 Plann ing Commission hearing, staff presented the project, the applicant made a presentation, and 26 persons spoke before the Commission. Speakers addressed the Planning Commission both in favor and against the project. The main focus of discussion was on traffic, parking, land use consistency, and the concerns about the existing Bressi commercial center, specifically Trader Joe's access and delivery parking. Fiscal Analysis All required improvements needed to serve this project would be funded and/or constructed by the developer. The Facility Financing section of Zone 17 Local Facilities Management Plan (LFMP 17) provides a list of the public faci lities necessary to serve development within Zone 17. Next Steps The City Council's next action would be the second reading of the ordinance if adopted. Environmental Evaluation (CEQA) An Environmental Impact Report (EIR 15-01-State Clearing House No. 2015081017) was prepared for the project in accordance with the California Environmental Quality Act (CEQA), the CEOA Guidelines and the Environmental Protection Procedures (Title 19) of the Carlsbad Municipal Code. The EIR addresses the environmental impacts associated with all discretionary applications for the proposed project including ultimate buildout ofthe entire project. On April 13, 2016, the Draft EIR was published and the City notified the Public, Responsible and Trustee Agencies, as well as other interested parties and agencies via mailings and newspaper publications. The ''Notice of Completion" commenced an initial 45-day public review and comment period expiring on June 1, 2016. Twenty-nine comment letters were received and responses were prepared for each of Item #11 January 24, 2017 Page 2 of 189 the letters and mailed to the Public Agency commenter on November 22, 2016. The "Notice of Completion" advised that the Draft EIR was available for review at four locations: the City of Carlsbad Planning Division; the City Clerk's Office; the Carlsbad Dove Library and the Georgina Cole Public Library. Complete copies were also available for purchase, with the Appendices, through the Planning Division . The Draft EIR was also posted on the city website. The analysis contained in the EIR concluded that all significant impacts would be mitigated to below a level of significance. Direct impacts, also referred to as primary effects, are those caused by the project and that occur at the same time and place. In contrast, cumulative impacts refer to two or more individual impacts that, when considered together, are considerable or that compound or increase other environmental impacts. The cumulative impact of severa l projects is the change in the environment that results from the incremental impact of the project when added to other, closely related past, present, or reasonably foreseeable, probable future projects. The cumulative impacts -all arise from the marginal contribution the proposed project will make, when combined with the impacts from existing and other future projects1 to pre-existing conditions that fail to meet applicable standards currently. The CEQA Findings of Fact are attached to Planning Commission Resolution No. 7174 for the EIR. Climate Action Plan (CAP) Consistency A comprehensive Greenhouse Gas (GHG) analysis was included as part of the Uptown Bressi EIR 15-01. The proposed project is required to implement the GHG mitigation measures as specified pursuant to the MMRP and as conditioned in Planning Commission Resolution No. 7176. Public Not ification Information regarding public notifications of this item such as mailings, public hearing notices posted in the newspaper and on the City website are available in the Office of the City Clerk. Exhibits 1. City Council Ordinance 2. City Council Resolution 3. location Map 4. Planning Commission Resolution Nos. 7174, 7175, and 7176 5. Planning Commission Staff Report, dated December 7, 2016 (without resolutions) 6. Planning Commission Minutes, dated December 7, 2016 7. Project correspondence from November 11, 2016 through present (on file in the office of the City Clerk and on the city's website -agenda and meeting page.) 8. Final EIR for the Uptown Bressi, dated November 2016 (previously distributed; copy on file in the Planning Division) 9. Bressi Ranch Master Plan Amended, dated December 2016 (previously distributed; copy on file in the Planning Division) 10. Zone 17 Local Facilities Management Plan Amended, dated March 2016 (previously distributed; copy on file in the Planning Division) 11. Uptown Bressi Retail Center Retail Market Analysis, London Group Realty Advisors, April 2015 (previously distributed; copy on file in the Planning Division) Item #11 January 24, 2017 Page 3 of 189 ORDINANCE NO. CS-315 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO THE BRESSI RANCH MASTER PLAN, MP 178(1) FOR PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD ANDEL FUERTE STREET, NORTH OF GATEWAY ROAD, AND EAST OF COLT PLACE AND LOCATED WITHIN THE SOUTHEAST QUADRANT OF THE CITY WITHIN LOCAL FACILITIES MANAGEMENT ZONE 17. CASE NAME: CASE NO.: UPTOWN BRESSI MP 178(1) EXHIBIT 1 WHEREAS, the City Council approved the Bressi Ranch Master Plan MP 178 on July 23, 2002 by adopting Ordinance No. NS-635; and WHEREAS, the City Council of the City of Carlsbad has reviewed and considered a Master Plan Amendment (MP 178(1)) for the Uptown Bressi project; and WHEREAS, after procedures in accordance with the requirements of law, the City Council has determined that the public interest indicates that said Master Plan Amendment MP 178(1) be approved. NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows that: 1. The above recitations are true and correct. 2. That Master Plan Amendment MP 178(1) dated July, 2016 incorporated herein by reference, is approved. The Master Plan shall constitute the development plan for the property and all development within the plan area shall conform to the plan. 3. That Master Plan Amendment (MP 178(1)) reorganizes and amends the Bressi Ranch Master Plan, as shown in "Exhibit MP 178(1)". Removal of text is presented in a strikethrough type format, while new additional text is shown in underline type format. 4. The City Council finds and determines that the recommendations of the Planning Commission for the approval of the Master Plan MP 178(1) is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 7175, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 5. The city received and responded to public comments on the Draft EIR 15-01 and determined that the comments did not raise any significant environmental issues not already addressed in the Draft EIR. Item #11 January 24, 2017 Page 4 of 189 6. The city has prepared a Final Environmental Impact Report EIR 15-01 ("Final EIR"), which includes the Draft EIR, technical appendices, public comments and the responses to public comments on the Draft EIR, and all other information required by CEQA Guidelines section 15132, which has been filed with the City Clerk and that the Master Plan MP 178(1) relies upon that EIR. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the __ _ day of 2017, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the ___ day of _________ ,, 2017, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATI HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) Item #11 January 24, 2017 Page 5 of 189 RESOLUTION NO. 2017-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFIYING AN ENVIRONMENTAL IMPACT REPORT EIR 15-01, ADOPTING THE CANDIDATE FINDINGS OF FACT AND THE MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING GENERAL PLAN AMENDMENT GPA 14-04 TO AMEND THE LAND USE ELEMENT FROM PLANNED INDUSTRIAL TO LOCAL SHOPPING CENTER AND R-23 RESIDENTIAL, LOCAL FACILITIES MANAGEMENT PLAN AMENDMENT 87- 17(A), VESTING TENTATIVE TRACT MAP 14-09, PLANNED DEVELOPMENT PERMIT 14-10, SITE DEVELOPMENT PLANS 14-13 AND 16-06, AND CONDITIONAL USE PERMITS 14-09 AND 16-01 FOR THE DEVELOPMENT OF A 17.71 ACRE SITE WITHIN THE BRESSI RANCH MASTER PLAN WITH A 91,164 SQUARE FOOT SHOPPING CENTER, AND A 125 UNIT MULTI-FAMILY CONDOMINIUM PROJECT, ALL LOCATED AT THE SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD AND EL FUERTE STREET, NORTH OF GATEWAY ROAD, AND EAST OF COLT PLACE AND LOCATED WITHIN THE SOUTHEAST QUADRANT OF THE CITY WITHIN LOCAL FACILITIES MANAGEMENT ZONE 17. CASE NAME: UPTOWN BRESSI CASE NO.: EIR 15-01/GPA 14-04/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14-09/CUP 16-01 EXHIBIT 2 WHEREAS, SP Acquisition, LLC, ("Applicant")," has applied for approval of the Uptown Bressi ("Project") on approximately 17.71 acres located at the southwest corner of Palomar Airport Road and El Fuerte Street, north of Gateway Road, and east of Colt Place and located within the southeast quadrant ofthe city within Local Facilities Management Zone 17. WHEREAS, the Project includes, among other things, a request for approval of General Plan Amendment GPA 14-04 and Local Facilities Management Plan Amendment LFMP 87-17(A); and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000, et seq., and its implementing regulations, 14 California Code of Regulations Section 15000, et seq. ("CEQA Guidelines"), the City of Carlsbad ("City") as lead agency prepared a Draft Environmental Impact Report ("Draft EIR") for the Project and circulated the Draft EIR for public review and comment as required by law; and WHEREAS, the City received and responded to public comments on the Draft EIR and determined that the comments did not raise any significant environmental issues not already addressed in the Draft EIR; and Item #11 January 24, 2017 Page 6 of 189 WHEREAS, the City has prepared a Final Environmental Impact Report ("Final EIR''), which includes the Draft EIR, technical appendices, public comments and the responses to public comments on the Draft EIR, and all other information required by CEQA Guidelines section 15132, which has been filed with the City Clerk; and WHEREAS, pursuant to CEQA, the City has prepared a Mitigation Monitoring and Reporting Program, which has been filed with the City Clerk; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on December 7, 2016, hold a duly noticed public hearing as prescribed by law to consider the Environmental Impact Report EIR 15-01, General Plan Amendment 14-04, Local Facilities Management Plan Amendment 87-17(A), Vesting Tentative Tract Map 14-09, Planned Development Permit 14-10, Site Development Plans 14-13 and 16-06, and Conditional Use Permits 14-09 and 16-01, and adopting Planning Commission Resolution Nos. 7174, 7175 and 7176 recommending to the City Council to certify the EIR 15-01 and approve GPA 14-04, LFMP 87-17(A), CT 14-09, PUD 14-10, SDP 14-13, SDP 16-06, CUP 14-09 and CUP 16-01; and WHEREAS, at said public hearing, all materials with regard to the Project were made available to the City Council for its review and consideration and the City Council heard and considered the testimony and materials presented by all persons desiring to be heard, and considered all factors relating to the Environmental Impact Report, General Plan Amendment, Local Facilities Management Plan Amendment, Vesting Tentative Tract Map, Planned Development Permit, Site Development Plans, and Conditional Use Permits; 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 relating to the Environmental Impact Report, General Plan Amendment, Local Facilities Management Plan Amendment, Vesting Tentative Tract Map, Planned Development Permit, Site Development Plans, and Conditional Use Permits; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. The City Council finds and determines that the applicable provisions of CEQA and the CEQA Guidelines have been duly observed in conjunction with the Project and said hearings and the consideration of this matter and all of the previous proceedings related thereto. Item #11 January 24, 2017 Page 7 of 189 3. The City Council finds and determines that (a) the Final Environmental Impact Report 15-01 is complete and adequate in scope and has been completed in compliance with CEQA and the CEQA Guidelines for implementation thereof, (b) the Final Environmental Impact Report 15-01 was presented to the City Council and the City Council has fully reviewed and considered the information in Final Environmental Impact Report 15-01 prior to approving the Project, (c) the Final Environmental Impact Report 15-01 reflects the City Council's independent judgment and analysis, and, therefore, Final Environmental Impact Report 15-01 is hereby declared to be certified in relation to the subject of this Resolution. 4. The City Council finds and determines that the Project is approved despite the existence of certain significant environmental effects identified in Final Environmental Impact Report 15-01 and, pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that changes or alterations have been required in, or incorporated into, the project which would mitigate, avoid, or substantially lessen to below a level of significance the potential significant effects identified in the EIR, the City Council hereby makes and adopts the findings with respect to each significant environmental effect as set forth in the Findings of Fact, which is contained within Planning Commission Resolution No. 7174 and is made a part hereof by this reference, and declares that it considered the evidence described in connection with each such finding. 5. With respect to the significant environmental effects identified in Final Environmental Impact Report 15-01 and pursuant to Public Resources Code Section 21081.6 and CEQA Guidelines Section 15091(d), the City Council hereby adopts and approves the Mitigation Monitoring and Reporting Program, which is contained within Planning Commission Resolution No. 7174 and is made a part hereof by this reference, and hereby makes and adopts the provisions of the Mitigation Monitoring and Reporting Program as conditions of approval for the Project. 6. Pursuant to Public Resources Code Section 21152 and CEQA Guidelines Section 15094, the City Clerk shall cause a Notice of Determination to be filed with the Clerk of the County of San Diego. Unless the Project is declared exempt herein and a Certificate of Filing Fee Exemption is on file, the Project is not operative, vested or final until the filing fees required pursuant to Fish and Game Code Section 711.4 are paid to the Clerk of the County of San Diego. 7. Pursuant to Public Resources Code Section 21081.6(a)(2) and CEQA Guidelines Section 15091(e), the location and custodian of the documents and other materials which constitute the record of proceedings on which this Resolution is based is the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California. 8. The City Council finds and determines that the recommendations of the Planning Commission for the approval of the General Plan Amendment 14-04, Local Facilities Management Plan Amendment 87-17(A), Vesting Tentative Tract Map 14-09, Planned Development Permit 14-10, Site Development Plans 14-13 and 16-06, and Conditional Use Permits 14-09 and 16-01 are approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution Nos. 7175 and 7176, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. Item #11 January 24, 2017 Page 8 of 189 SITE MAP LEIGHTON CR. LOKER AV WEST / • N Exhibit 3 ~~---:~ / LOKER AV e.P,.S DD D ~DD NOT TO SCALE Uptown Bressi EIR 15-01 I GPA 14-04 I LFMP 87-17(A) I MP 178(1) I CT 14-09 I PUO 14-10 I SOP 14-13 I SOP 16-06 I CUP-14-09 I CUP 16-01 Item #11 January 24, 2017 Page 10 of 189 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 PLANNING COMMISSION RESOLUTION NO. 7174 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT FOR UPTOWN BRESSI, EIR 15-01, AND RECOMMENDING ADOPTION OF THE CANDIDATE FINDINGS OF FACT AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE DEVELOPMENT OF A 17.71 ACRE SITE WITHIN THE BRESSI RANCH MASTER PLAN WITH A 91,164 SQUARE FOOT SHOPPING CENTER, AND A 125 UNIT MULTI-FAMILY CONDOMINIUM PROJECT, ALL LOCATED AT THE SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD AND EL FUERTE STREET, NORTH OF GATEWAY ROAD, AND EAST OF COLT PLACE AND LOCATED WITHIN THE SOUTHEAST QUADRANT OF THE CITY WITHIN LOCAL FACILITIES MANAGEMENT ZONE 17. CASE NAME: CASE NO.: UPTOWN BRESSI EIR 15-01 Exhibit 4 WHEREAS, SP Acquisition, LLC, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by HCP LS Carlsbad, LLC, "Owner," described as Lots 29 through 32 of Carlsbad Tract Map CT 02-15 Bressi Ranch, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14960, filed in the Office of the County Recorder of San Diego County, February 4, 2005 ("the Property"); and WHEREAS, a Project Environmental Impact Report (EIR 15~01) was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on December 7, 2016, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the Project EIR, Candidate Findings of Fact, and Mitigation Monitoring and Reporting Program, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Project EIR. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That the Final Project Environmental Impact Report consists of the Final Project Item #11 January 24, 2017 Page 11 of 189 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 C) D) Environmental Impact Report, EIR 15-01, dated April, 2016, appendices, written comments and responses to comments, as amended to include the comments and documents of those testifying at the public hearing and responses thereto is hereby found to be in good faith and reason by incorporating a copy of the minutes of said public hearing into the report, all on fife in the Planning Division incorporated by this reference, and collectively referred to as the "Report." That the Environmental Impact Report, EIR 15-01, as so amended and evaluated is recommended for acceptance and certification as the final Environmental Impact Report and that the final Environmental Impact Report as recommended is adequate and provides reasonable information on the project and all reasonable and feasible alternatives thereto, including no project. That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS CERTIFICATION of the Environmental Impact Report for the UPTOWN BRESSI project, EIR 15-01 and RECOMMENDS ADOPTION of the Candidate Findings of Fact ("CEQA Findings"), attached hereto marked as "Exhibit A" and incorporated by this reference and of the Mitigation Monitoring and Reporting Program {"Program''), attached hereto marked as "Exhibit B" and incorporated by this reference; based on the following findings and subject to the following condition. Findings: 1. 2. 3. 4. 5. The Planning Commission of the City of Carlsbad does hereby find that the Final Project EIR 15- 01, the Candidate Findings of Fact and the Mitigation Monitoring and Reporting Program, have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Carlsbad. The Planning Commission of the City of Carlsbad has reviewed, analyzed, and considered Final Project EIR 15-01, the environmental impacts therein identified for this project; the Candidate Findings of Fact ("Findings" or "CEQA Findings") attached hereto as "Exhibit A," and the Mitigation Monitoring and Reporting Program ("Program") attached hereto as "Exhibit B," prior to RECOMMENDING APPROVAL of this project. The Planning Commission finds that Final EIR 15-01 reflects the independent judgment of the City of Carlsbad Planning Commission. The Planning Commission does accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the CEQA Findings ("Exhibit A"), including feasibility of mitigation measures pursuant to Public Resources Code 21081 and CEQA Guidelines 15091, and infeasibility of project alternatives. The Planning Commission hereby finds that the Program ("Exhibit B") is designed to ensure that during project implementation, the Developer and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the CEQA Findings and the Program. 6. The Record of Proceedings for this project consists of The Report, CEQA Findings, and Program; all reports, applications, memoranda, maps, letters and other planning documents prepared by the planning consultant, the environmental consultant, and the City of Carlsbad that are before the decision makers as determined by the City Clerk; all documents submitted by members of PC RESO NO. 7174 -2- Item #11 January 24, 2017 Page 12 of 189 1 the public and public agencies in connection with the Project EIR; minutes of all public meetings 2 and public hearings; and matters of common knowledge to the City of Carlsbad which they may consider, including but not limited to, the Carlsbad General Plan, Carlsbad Zoning Ordinance, 3 Bressi Ranch Master Plan, and Local Facilities Management Plan which may be found at 1200 Carlsbad Village Drive in the custody of the City Clerk, and 1635 Faraday Avenue in the custody 4 of the City Planner. 5 Condition: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. The Developer/Owner shall implement the mitigation measures described in "Exhibit B," the Mitigation Monitoring and Reporting Program, for the mitigation measures and monitoring programs applicable to development of the Uptown Bressi project and Bressi Ranch Master Plan. PC RESO NO. 7174 -3- Item #11 January 24, 2017 Page 13 of 189 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 Commi~sion of the City of Carlsbad, California, held on December 7, 2016, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Anderson, Commissioners Black, Goyarts, Segall and Siekmann Commissioners L'Heureux and Montgomery VELYN ANDERSON, Chairperson CARLSBAD PLANNING COMMISSION ATIEST: ·~zt . DON NEU City Planner PC RESO NO. 7174 -4- i I I I I I I I j l f Item #11 January 24, 2017 Page 14 of 189 EXHIBIT A Uptown Bressi Project Final EIR Findings of Fact CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS OF FACT (PUBLIC RESOURCES CODE §21081 CEQA GUIDELINES §15091) Final Environmental Impact Report (EIR 15-01) Uptown Bressi Project (SCH No. 2015081017) 1.0 Introduction 1-)~ A Final Environmental Impact Report (hereafter "Final EIR") has been prepared pursuant to the California Environmental Quality Act to address the potential environmental effects of the proposed Uptown Bressi Project and associated actions (hereafter "proposed project") and considered by the City in connection with its public consideration of requested approvals for the proposed project. While the full scope of the proposed project and associated approvals are detailed further in Section 1.1 Proposed Project, the proposed project would involve a General Plan Amendment (GPA 14-04) to re- designate the site from its existing General Plan land use designation of Planned Industrial (Pl) to Residential High Density (R-23) and Local Shopping Center (L) and a Master Plan Amendment (MP 178(1)) to permit the development of a maximum of 125 for-sale residential units on approximately 7.7 acres of the project site, approximately 91 ,164 square feet (sf) of commercial uses on 1 O acres, and an additional 9,160 sf of dedicated outdoor dining space. The Final EIR also analyzed the environmental effects of a range of project alternatives. The Final EIR and its separately bound technical appendices are incorporated herein by reference as though fully set forth. 1 .1 Proposed Project The proposed project is located on a 17.7-acre site within Planning Area 4 (PA 4) of the Bressi Ranch Master Plan. The entire Bressi Ranch Master Plan area consists of 585 gross acres of land located within Local Facilities Management Zone 17, in the southeast quadrant of the City of Carlsbad (City), San Diego County. Carlsbad is a coastal city located 30 miles north of downtown San Diego. The City is bordered to the north by the City of Oceanside, to the south by the City of Encinitas, to the east by the cities of Vista and $an Marcos, and on the west by the Pacific Ocean. The 17.7-acre project site is comprised of four vacant parcels of land identified as assessors parcel numbers (APNs) 213-262-06, -07, -08, and 09. The project site is located on a flat, graded pad that was originally planned for light industrial uses as contemplated in the Bressi Ranch Master Plan, adopted in 2002. Palomar Airport Road, Gateway Road, El Fuerte Street surround the project site. Gateway Road and Colt Place currently provide direct access to the project site. City of Carlsbad, California November 2016 11 Item #11 January 24, 2017 Page 15 of 189 Project Characteristics Uptown Bressi Project Final EIR Findings of Fact 1-)~ The project Applicant is proposing a mixed residential and retail/general commercial project. Townhomes and residential flats are proposed for the western side of the property (approximately 7.7 acres), while retail/general commercial uses would occupy the eastern portion of the site (approximately 10 acres). Residential Development The project Applicant proposes the development of 125 residential units as part of the project, which results in a density of 16.30 dwelling units per acre. The residential units would be located in 23 three- story buildings on the western portion of the project site. The majority of these units, 103, would be 3- story townhomes, with 3 bedrooms, 3-3.5 bathrooms, and range from 1,660 to 2,068 sf in size. The remaining 22 units would consist of Stacked Flats that would contain 1-3 bedrooms, 1-2 bathrooms, and would range in size from 735-1 ,340 sf. These units would each be contained entirely on one level. Per Carlsbad Municipal Code (CMC) Section 21.85.030, the project is required to provide 15 percent of the total units as affordable units. Pursuant to City Council Policy 43, the allocation of dwelling units from the excess dwelling unit bank, as a result of the land use change from industrial to residential , is considered a development incentive. Similarly, in September 2015, the City Council approved Planning Commission Resolution No. 7114, which required projects as part of the General Plan Update requesting units from the Excess Dwelling Unit Bank, to provide a minimum of 20 percent of the total housing units on the site as affordable to lower income households. Given that no residential units were previously proposed for the project site, all 125 residential units will be allocated from the Excess Dwelling Unit Bank. Therefore, the project is required to provide 20 percent of the total units as affordable units. The proposed project complied with the standard, reserving 25 units to be set aside for individuals and families that meet the income requirements. All units in the project, including the affordable units, would be for-sale. The new neighborhood would provide its own common and private amenities, including private patios and decks, a resort-style pool and spa , outdoor kitchen and social space, children's play area , bocce ball court, dedicated green space, and bicycle (or surfboard) storage. A total of 28,685 sf of common recreational space is provided, and 14,073 sf is dedicated to active recreation, including the pool/spa area, tot lot, shuffleboard and bocce ball courts. Commercial/Retail Development The proposed retail space would include approximately 91,164 sf of shops and restaurants. This includes a 28,000 sf food market, a 16,454 sf pharmacy with drive-thru, 11 ,650 sf retail store, and smaller restaurants (sit down and fast casual) and retail shops in buildings totaling 35,060 sf. An additional 9,160 sf of dedicated outdoor dining space is also proposed. The project site would complement the already successful Bressi Ranch Village Center located on the south side of Gateway Road. The retail/general commercial area is divided into two main sections -the larger tenants are located along the northern portion of the project site, while the smaller shops and restaurant are located to the south, closer to Gateway Road. Finnila Place would be extended through the middle of the City of Carlsbad, California November 2016 J2 Item #11 January 24, 2017 Page 16 of 189 Uptown Bressi Project Final EIR Findings of Fact 1-)i retail/general commercial site to create a Main Street, and buildings would be located along both sides of this road. To encourage pedestrian activity and create gathering places wherever possible, plazas have been located throughout the retail/general commercial center. In addition to informal gathering spaces, outdoor dining is proposed. Although specific restaurant tenants have not yet been identified, it is anticipated that outdoor dining would be scattered throughout the site. Project Design Features Several Project Design Features have been incorporated into the project that are intended to reduce energy consumption through building designs that increase energy efficiency, water conservation, and the use of energy efficient appliances. Also, these features can reduce vehicle miles traveled through promoting pedestrian access and use of public transportation. The following project design features are included as part of the proposed project: • The proposed project will be designed with strong emphasis on pedestrian travel, with path networks, plazas, and connections with existing Bressi Ranch shopping and amenities. • The proposed project is an infill project that will provide housing in an industrial/commercial area to help boost the City's jobs/housing balance. • The project is a mixed-use project that will provide additional commercial services in close proximity to existing residents of Bressi Ranch and the residents that will occupy the new residential component of the project. • Transportation alternatives will be available to those living and visiting the project. Additionally, the project proposes features that are consistent with the City's Climate Action Plan. These features include: • Installation of solar photovoltaic (PV) systems. PV systems will be installed on the rooftops of residential buildings and on commercial building rooftops. • Commercial Facility Commissioning. The project applicant will commission the proposed commercial buildings as described in Chapter 5.3 of the Final EIR . Commercial commissioning is the systematic process of ensuring that a building performs according to its design and the occupant's operational needs. • Compliance with the Green Building Code. CALGreen, also known as Title 24, is California's Building Energy Code. All buildings will comply with the Green Building Code including the requirement for use of EnergyStar systems and white roofs. • LED lighting. 75 percent of lighting and signage would utilize LED fixtures. • Solar Water Heating. Solar water heating will be provided for the residential recreation common areas, and on-demand type water heating systems will be provided in interior residential units. • Transportation Demand Management (TDM). The project will implement several TDM measures including clean vehicle, carpool/vanpool preferential parking , pedestrian and bicycle connections, bicycle parking , bicycle education and transit education. City of Carlsbad, California November 2016 13 Item #11 January 24, 2017 Page 17 of 189 Uptown Bressi Project Final EIR Findings of Fact • EV Charging Stations. The project will include 30 parking spaces pre-wired and capable of supporting EV charging stations. Of these 30 parking spaces, 15 EV charging stations will be installed at the commercial parking spaces. All residential garages will be pre-wired for EV charging stations, and the project will include one EV charging station at visitor parking spaces. • Use of Recycled Water. The project will utilize recycled water for all landscaping, which reduces the demand for energy and in turn, reduces overall GHG emissions associated with water treatment. • Rainwater Systems. Rainwater systems will collect and distribute rainwater to residential common area landscaping, such as planter boxes. 1.2 Project Objectives The following statements represent objectives of the project. These objectives also provide a basis for identification of alternatives evaluated in the EIR. • Provide land uses that are compatible and complementary with the existing surrounding and adjacent land uses and facilities in an effort to sustain the San Diego Association of Governments (SAN DAG) "Smart Growth" principles for the Bressi Ranch area. • Provide a high density community in compliance with the policies of the Housing Element of the Carlsbad General Plan. • Establish a comprehensive development plan for the site that provides an appropriate balance of commercial, retail, and residential land uses. • Include developing a sustainable community in concert with Ahwahnee Principles, which emphasizes locating housing, shops, jobs, parks, and community facilities within easy walking distance of each other. Implement a project which is aesthetically pleasing, compatible, and complimentary to adjacent land uses and facilities. • Implement the applicable portions of the City of Carlsbad General Plan and Zoning Code; and the Zone 17 Local Facilities Management Plan, as adopted by the concurrent application. • Add to the City and Master Plan's inventory of housing diversity by providing both for-sale market rate and for-sale affordable housing opportunities that are conveniently located adjacent to transportation, commercial, recreational and public uses. • Maintain consistency with the architectural and landscape Guidelines as contained in the Bressi Ranch Master Plan . 1.3 Purpose of CEQA Findings CEQA Findings play an important role in the consideration of projects for which an EIR is prepared. Under Public Resources Code §21081 and CEQA Guidelines § 15091 above, where a final EIR identifies one or more significant environmental effects, a project may not be approved until the public agency makes written findings supported by substantial evidence in the administrative record as each of the significant effects. In turn, the three possible findings specified in CEQA Guidelines §15091 (a) are: City of Carlsbad, California November 2016 14 Item #11 January 24, 2017 Page 18 of 189 Uptown Bressi Project Final EIR Findings of Fact 1-)~ (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency makiog the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. CEQA Guidelines §15092(b) provides that no agency shall approve a project for which an EIR was prepared unless either: 1. The project as approved will not have a significant effect on the environment, or 2. The agency has: a. Eliminated or substantially lessened all significant effects on the environment where feasible as shown in the findings under Section 15091 , and b. Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to overriding concerns as described in Section 15093. 2.0 Findings of Significant Impacts, Required Mitigation Measures and Supporting Facts The City, having reviewed and considered the information contained in the EIR , finds pursuant to Public Resources Code §21081(a)(1) and Guidelines §15091(a)(1) that changes or alterations have been required in, or incorporated into, the project which would mitigate, avoid, or substantially lessen to below a level of significance the following potential significant environmental effects identified in the EIR. 2.1 Hydrology and Water Quality 2.1.1 Violation of Water Quality Standards A. Significant Impact. Implementation of the proposed project includes short-term construction activities including grading and excavation. Although the site has been previously mass graded and is relatively level, the proposed project would require additional grading along with utility installations and the construction of the proposed uses. Therefore, the proposed project has the potential to result in a significant impact related to erosion/sedimentation and discharge of construction-related hazardous materials (e.g., fuels, grease, etc.) into local storm drains. B. Facts in Support of Finding (1). The project's potential impact associated with violation of water quality standards would be mitigated to a level less than significant with the implementation of Mitigation Measure WQ-1 . City of Carlsbad, California November 2016 15 Item #11 January 24, 2017 Page 19 of 189 Uptown Bressi Project Final EIR Findings of Fact 1-)~ C. Mitigation Measures 2.1.2 Mitigation Measure WQ-1 Prior to issuance of a grading permit for any phase of the development, the Applicant shall prepare and submit for review and approval of the Carlsbad City Engineer, a SWPPP to demonstrate that pollutants will be controlled through compliance with the City of Carlsbad Stormwater Management and Discharge Control Ordinance, General Construction Stormwater Permit (Order No. 2012-0006-DWQ, NPDES CAS000002), and the General Municipal Stormwater Permit (R9-2013-0001, as amended by Order Nos. R9-2015-0001 and R9-2015-0100, NPDES No. CAS0109266). The Applicant shall be responsible for monitoring and maintaining the BMP erosion control measures identified below on a weekly basis in accordance with the City's grading and erosion control requirements (Municipal Code Section 15.16. et seq .). The locations of all erosion control devices shall be noted in the SWPPP referenced on the grading plans. BMPs that shall be installed include, but are not limited to, the following : • Silt fence, fiber rolls, or gravel bag berms; • Check dams; • Street sweeping and vacuuming; • Storm drain inlet protection; • Stabilized construction entrance/exit; • Hydroseed, soil binders, or straw mulch; • Containment of material delivery and storage areas; • Stockpile management; • Spill prevention and control; • Waste management for solid, liquid, hazardous, and sanitary waste-contaminated soil; and • Concrete waste management. Long-Term Operations A. Significant Impact. Once constructed the proposed project uses (e.g., residential and commercial/retail) would likely generate certain pollutants commonly found in similar developments that could affect water quality downstream from the project site . With the inclusion of these uses, the proposed project has the potential to result in long-term impacts on water quality due to the addition of pollutants typical of urban runoff. Therefore, the potential water quality impact associated with operation of the project is considered a significant impact. B. Facts in . Support of Finding (1 ). The project's potential impact associated with long-term impacts on water quality would be mitigated to a level less than significant with the implementation of Mitigation Measure WQ-2. City of Carlsbad, California November 2016 16 Item #11 January 24, 2017 Page 20 of 189 Uptown Bressi Project Final EIR Findings of Fact 1-)~ C. Mitigation Measures 2.2 2.2.1 Mitigation Measure WQ-2 Prior to the issuance of a grading permit or other approvals for any public or private right-of- way improvements or site development plans, the Applicant shall prepare and submit for review and approval of the Carlsbad City Engineer, improvement plans that demonstrate that pollutants will be controlled through compliance with the City of Carlsbad BMP Design Manual and SWQMP. Approval of such plans shall be subject to a determination by the Carlsbad City Engineer that the proposed project has implemented an integrated Low Impact Development (LID) approach to meet criteria described in the City of Carlsbad BMP Design Manual. The proposed project has incorporated LID strategies which include site design BMPs, source control BMPs and pollutant control BMPs into the project design to the maximum extent practicable. The BMPs that shall be provided on the project site include, but are not limited to, the following : • Storm drain inlet labeling; • Sweeping of plazas, sidewalks, and parking lots; • Pervious surfaces; and • Bioretention basins. Land Use Planning Plan Consistency A. Significant Impact. The project site is located within Airport Overflight Notification Area (Review Area 1) of the Airport Influence Area for McClellan-Palomar Airport. Residential properties located in an overflight notification area may be subject to some of the annoyances or inconveniences associated with their proximity to airport operations. The Airport Land Use Compatibility Plan (ALUCP) requires that all. new residential projects located within the overflight notification area be required to record a notice informing of the potential environmental impacts related to the aircraft, and the property is subject to overflight, sight and sound of aircraft operating from the McClellan-Palomar Airport. B. Facts in Support of Finding (1). The project's potential impact associated with residential properties located in overflight notification areas would be mitigated to a level less than significant with the implementation of Mitigation Measure LU-1 . C. Mitigation Measures Mitigation Measure LU-1 New residents within the McClellan-Palomar Airport Overflight Notification Area as defined by the ALUCP shall be notified as part of the real estate disclosure package that the project site is outside the 60 dB(A) CNEL airport noise impact area, but still subject to intermittent single- event noise impacts, sight and sound of aircraft operating from McClellan-Palomar Airport. The state statute dictates that the following statement shall be provided: City of Carlsbad, California November 2016 17 Item #11 January 24, 2017 Page 21 of 189 2.3 2.3.1 Uptown Bressi Project Final EIR Findings of Fact 1-)~ NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. This measure shall be implemented concurrent with the real estate disclosure package. Prior to issuance of a building permit and the affordable housing development, the City of Carlsbad Planning Division shall be responsible for verification of implementation of this measure through the recordation of a Notice. Noise Short-Term Construction Noise Conflict A. Significant Impact. Construction activities would generally involve minor grading, earth movement, foundations and building construction, paving and striping, and landscaping . These activities would generate temporary and intermittent noise at and near the project site. Noise levels would fluctuate depending on the particular type, number, and duration of use of various pieces of construction equipment. Construction-related noise levels at the closest residence were calculated for each construction phase. The received sound levels would range from 79 dBA Leq-8h to 85 dBA Leq-8h depending on the specific construction phase. All construction phases would generate noise levels above 75 dBA Leq-8h, which could exceed the County of San Diego construction noise abatement level of 75 dBA Leq-8h. Therefore, this is considered a significant impact without mitigation. B. Facts in Support of Finding (1). The project's potential impact associated with projected outdoor noise levels during construction would be mitigated to a level less than significant with the implementation of Mitigation Measure N-1. C. Mitigation Measures Mitigation Measure N-1 Prior to issuance of a grading permit, the Applicant shall ensure that: • All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers. • Construction noise reduction methods such as shutting off idling equipment, installing temporary acoustic barriers around stationary construction noise sources, maximizing the distance between construction equipment staging areas and occupied residential areas, and use of electric air compressors and similar power tools, rather than diesel equipment, shall be used where feasible. City of Carlsbad, California November 2016 18 Item #11 January 24, 2017 Page 22 of 189 2.3.2 Uptown Bressi Project Final EIR Findings of Fact 1-)~ • Construction staging area(s) shall be set back a minimum distance of 165 feet from any sensitive receptor property line to minimize noise to sensitive receptors. • During construction, stockpiling and vehicle staging areas shall be located as far as practical from noise sensitive receptors. • The project shall be in compliance with the City's Municipal Code such that grading activities are limited to the hours of 7:00 a.m. to sunset, Monday through Friday, and between 8:00 a.m. and sunset on Saturday. Future On-Site Noise -Outdoor Noise Levels A. Significant Impact. The modeling results for the project site are quantitatively shown in EIR Table 5.6-4 for the projected outdoor noise levels on the project site. The modeled observer locations for the sampled units are presented in EIR Figure 5.6-2. Based upon these findings, as shown in EIR Table 5.6-4, the future ground level noise levels at Receptor Numbers 1 through 8 would exceed the 60 dBA CNEL threshold. This is considered a potentially significant impact and would require mitigation. Mitigation Measure N-2 requires the construction of a six-foot barrier along a portion of Palomar Airport Road on the northern boundary of the project site (see EIR Figure 5.6-3). As shown in EIR Table 5.6-4, with the incorporation of a six-foot barrier along Palomar Airport Road , noise levels at the outdoor usable areas would be below 60 dBA CNEL. B. Facts in Support of Finding (1). The project's potential impact associated with projected outdoor noise levels would be mitigated to a level less than significant with the implementation of Mitigation Measure N-2. C. Mitigation Measures 2.3.3 Mitigation Measure N-2 Prior to the issuance of certificate of occupancy for any residential buildings, a six-foot high noise barrier, as shown in Figure 6-B: Barrier Locations of the Noise Study, Uptown Bressi, Ldn Consulting , Inc. (February 18, 2016) shall be constructed along Palomar Airport Road to mitigate noise impacts. The noise barrier must be constructed of a non-gapping material consisting of masonry, % inch thick glass, earthen berm or any combination of these materials. Future On -Site Noise -Interior Noise Levels A. Significant Impact. Second and third floor receptors were also modeled to determine noise levels at building facades. As shown in EIR Table 5.6-4, noise levels at the second and third level building facades are anticipated to be above 60 dBA CNEL. The City has established a maximum threshold of 45 dBA CNEL for interior noise for residential land uses. Typically, with the windows open, and using standard California construction materials and methods, the building shells provide approximately 15 dBA CNEL of noise reduction . Therefore, the proposed residential uses would be exposed to an exterior noise level greater than 60 dBA City of Carlsbad, California November 2016 19 Item #11 January 24, 2017 Page 23 of 189 Uptown Bressi Project Final EIR Findings of Fact 1-)~ CNEL that could result in an interior noise level greater than 45 dBA CNEL. Because exterior noise levels are anticipated to exceed 60 dBA CNEL on the second and third floors of the proposed residential buildings, interior noise levels is anticipated to be greater than 45 dBA CNEL. This is considered a potentially significant impact and requires mitigation. B. Facts in Support of Finding (1). The project's potential impact associated with projected interior noise levels would be mitigated to a level less than significant with the implementation of Mitigation Measure N-2 and N-3. C. Mitigation Measures Mitigation Measure N-2 As listed above. Mitigation Measure N-3 Prior to issuance of building permits, the project Applicant shall prepare a site specific noise study for each residential lot based upon the final site design (i.e., architectural and building plans), building orientation, and pad elevations. The site specific noise study shall demonstrate that the outside noise levels are below 60 dBA CNEL and interior noise levels are below 45 dBA CNEL. 2.4 Transportation/Circulation 2.4.1 Existing Plus Project Conditions (Year 2015) Road/Finnila Place Gateway A. Significant Impact. EIR Table 5.10-11 presents the results for the existing plus project scenario for unsignalized intersections within the project area. As shown in EIR Table 5.10- 11, with the addition of the project, the Gateway Road and Finnila Place intersection would operate at LOS E during the PM peak hour. The deterioration in LOS resulting from project operations at this unsignalized intersection is considered a significant impact. B. Facts in Support of Finding (1 ). The project's potential impact on Gateway Road and Finnila Place would be mitigated to a level less than significant with the implementation of Mitigation Measure T-1. C. Mitigation Measures Mitigation Measure T-1 Gateway/Finnila Place. The project Applicant shall design and install a traffic signal at the intersection of Gateway Road I Finnila Place. As shown on EIR Table 5.10-16, with the installation of a traffic signal at this location the intersection will operate at an acceptable LOS D. City of Carlsbad, California November 2016 110 Item #11 January 24, 2017 Page 24 of 189 2.4.2 Uptown Bressi Project Final EIR Findings of Fact 1-)~ Near Term Conditions (Year 2018) -Gateway Road/Finnila Place A. Significant Impact. As shown in EIR Table 5.10-13, with the addition of project-related impacts to near-term conditions, operations at the intersection of Gateway Road and Finnila Place would be reduced from LOS A to E in the PM peak hour. Based on the project deterioration in LOS at this intersection under the Near-Term with the project conditions, this impact is considered significant in the absence of mitigation. B. Facts in Support of Finding (1 ). The project's potential impact on Gateway Road and Finnila Place would be mitigated to a level less than significant with the implementation of Mitigation Measure T-1 . C. Mitigation Measures 2.4.3 Mitigation Measure T-1 Mitigation Measure T-1 as listed above. As shown in EIR Table 5.10-16, with installation of a traffic signal at this location the intersection will operate at an acceptable LOS C. Buildout Conditions (Year 2030) -Gateway Road/Finnila Place and Gateway Road/Innovation Way A. Significant Impact. With the addition of the project under this scenario, there is. a projected reduction in LOS for the PM peak hour for two of the intersections: (1) Gateway Road and Innovation Way, and (2) Gateway Road and Finnila Place (see EIR Table 5.10-15). Based on the results of the buildout scenario with the project conditions, the projected decrease in PM peak hour LOS is considered a significant impact in the absence of mitigation. B. Facts in Support of Finding (1). The project's potential impact on Gateway Road/Finnila Place and Gateway Road/Innovation Way would be mitigated to a level less than significant with the Implementation of Mitigation Measures T-1 and T-2. C. Mitigation Measures Mitigation Measures T-1 Mitigation Measure T-1 as listed above. Mitigation Measure T-2 Gateway Road/Innovation Way. Prior to recordation of the final map or issuance of grading permits for the proposed project, the project Applicant shall pay a fair share (35 percent) contribution towards construction of a traffic signal at the intersection of Gateway Road I Innovation Way. As shown in EIR Table 5.10-16, with installation of a traffic signal, the Gateway Road/Finnila Place intersection will operate at an acceptable LOS C during the AM peak hour and LOS D City of Carlsbad, California November2016 111 Item #11 January 24, 2017 Page 25 of 189 2.4.4 Uptown Bressi Project Final EIR Findings of Fact 1-)~ during the PM peak hour. As shown in EIR Table 5.10-16, with installation of a traffic signal, the Gateway Road/Innovation Way intersection will operate at an acceptable LOS B during the AM peak hour and LOS C during the PM peak hour. Transportation Hazards A. Significant Impact. Construction of the project would generate temporary, construction- related traffic during the up to 24-month construction period . The primary impacts of project construction would include temporary, short-term, and intermittent reductions of roadway capacities associated with the movement of construction equipment or construction of roadway improvements (e.g . medians, signals, etc.). Construction of the project could affect the roadway network in two ways: (1) by crossing a roadway, or (2) running parallel to a roadway within the public right-of-way (e.g., Gateway Road). To facilitate construction within the roadway, portions of the roadway that would normally be used for traffic circulation or parking would be temporarily unavailable. This displacement could block two travel lanes, one travel lane and the adjacent shoulder/parking area, or just the shoulder/parking area, depending upon the type of construction. It is estimated that lane blockages, if required , would last fo r durations varying between a few days for perpendicular encroachments to a few weeks for parallel or longitudinal encroachments. These activities could exacerbate existing traffic conditions; especially, at intersections already operating at a poor LOS. These impacts are considered significant in the absence of mitigation. B. Facts in Support of Finding (1). The project's potential impact on increasing transportation hazards during construction would be mitigated to a level less than significant with the implementation of Mitigation Measure T-3. C. Mitigation Measures Mitigation Measure T-3 Traffic Control Plan. Prior to construction, the Applicant shall prepare a Traffic Control Plan for roadways and intersections affected by project-related construction. The Traffic Control Plan shall comply with requirements in the encroachment permits issued by the City. The Traffic Control Plan shall, at minimum, include the following measures: • Maintaining the maximum amount of travel lane capacity during non-construction periods, possible, and advanced notice to drivers through the provision of construction signage. • Maintaining alternate one-way traffic flow past the lay down area and site access when feasible. • Heavy trucks and other construction transport vehicles shall avoid the busiest commute hours (7 a.m. to 8:30 a.m. and 3:30 p.m. to 6 p.m. on weekdays), unless otherwise permitted by the City. • The Applicant shall provide a minimum 72-hour advance notice of access restrictions for residents, businesses, and local emergency response agencies. This shall include City of Carlsbad, California November 2016 J12 Item #11 January 24, 2017 Page 26 of 189 Uptown Bressi Project Final EIR Findings of Fact 1-)~ the identification of alternative routes and detours to enable for the avoidance of the immediate construction zone. • The Applicant, in cooperation with the City, shall provide a phone number and community contact for inquiries about the schedule of the project throughout the construction period. This information will be posted in a local newspaper, the developer's website or City Management facilities, if available, and will be updated on a monthly basis. • Pedestrian and bicycle access shall be maintained along Gateway Road for the duration of construction . 3.0 Effects Found Not to be Significant The City finds, based on the substantial evidence appearing in Chapter 7.5 of the EIR, that the following impacts on the following resources will not be significant: Agriculture and Forestry Resources, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, and Mineral Resources. Based on the analysis contained in the EIR impacts to Aesthetics/Grading (Chapter 5.1 ), Air Quality (Chapter 5.2), Greenhouse Gas Emissions (Chapter 5.3), Population/Housing (Chapter 5.7), Parks/Recreation (Chapter 5.8), and Public Services and Utilities (Chapter 5.9) were found to be less than significant. 4 .0 Findings Regarding Feasible Alternatives Pursuant to CEQA Guidelines §15126.6(a), EIRs must ''describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project, but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives." The EIR considers a reasonable range of alternatives. The alternatives to the project are evaluated in Chapter 6.0 of the EIR in terms of their ability to meet the basic objectives of the project, and eliminate or further reduce its significant environmental effects. Based on these parameters, the following alternatives were considered: (1) No Project/Existing General Plan Alternative; (2) No Project/No Development Alternative; and (3) Reduced Commercial Alternative. 4.1 No Project/Existing General Plan Alternative The No Project/Existing General Plan Alternative assumes that the project site would be developed pursuant to the existing Planned Industrial land use designation. Under this alternative, development of the project site would include the development of light industrial uses as previously approved by the City in 2005 (PIP 05-23). This approval, which has since expired, permitted the development of a 300,000 sf office/industrial park. This alternative would not include any commercial or residential development at the project site (as is proposed under the project). Similar to the project, this alternative would have access to existing backbone infrastructure located adjacent to the project site. As shown on EIR page 5.10-10 (and provided in Appendix L of the EIR), under existing zoning (Planned Industrial), the project site would have generated 4,200 ADT. Therefore, the No City of Carlsbad, California November 2016 113 Item #11 January 24, 2017 Page 27 of 189 Uptown Bressi Project Final EIR Findings of Fact 1-)~ Project/Existing General Plan Alternative is assumed to generate 4,200 ADT. Compared to the proposed project, this alternative would reduce vehicular traffic by 4,814 ADT. This alternative is consistent with the existing Pl General Plan land use designation and would not require a General Plan Amendment to the Land Use Element. Impacts to land use and planning and noise would be reduced under this alternative. However, this alternative is expected to generate greater vehicle miles traveled (VMTs), would result in greater air and GHG emissions as compared to the project. Based on SANDAG's "(not so) Brief Guide of Vehicular Traffic Generation Rates for the San Diego Region (April 2002), the average trip length associated with planned industrial uses is nine miles. Therefore, this alternative would generate approximately 37,800 VMT. Comparatively, the average trip length for residential uses is 7.9 miles, and neighborhood commercial uses is 3.6 miles., respectively, Therefore, the proposed project would generate approximately 36,750 VMT (7.9 x 1,000 + 3.6 x 8,014), which is 1,050 VMT less than what could occur under the existing zoning. Further, this VMT estimate does not account for internal trip capture (mixed-uses serving the Bressi community), which would further reduce the project trip generation estimate by 10%, and therefore, the corresponding VMT by an additional 10 percent. Assuming a 10 percent trip generation reduction for mixed-use capture of trips, the proposed project would generate approximately 33,076 VMT (7.9 x 900 + 3.6 x 7,213), which is 4,724 less VMT than what could occur under existing zoning. This alternative would result in similar impacts to the remaining issue areas when compared to the proposed project. This alternative would not meet most of the basic objectives of the proposed project, including the following: • Provide land uses that are compatible and complementary with the existing surrounding and adjacent land uses and facilities in an effort to sustain the San Diego Association of Governments (SAN DAG) "Smart Growth" principles for the Bressi Ranch area. • Provide a high density community in compliance with the policies of the Housing Element of the Carlsbad General Plan. • Establish a comprehensive development plan for the site that provides an appropriate balance of commercial, retail, and residential land uses. • Include developing a sustainable community in concert with Ahwahnee Principles, which emphasizes locating housing, shops, jobs, parks, and community facilities within easy walking distance of each other. Implement a project which is aesthetically pleasing, compatible, and complimentary to adjacent land uses and facilities. • Add to the City and Master Plan's inventory of housing diversity by providing both for-sale market rate and for-sale affordable housing opportunities that are conveniently located adjacent to transportation, commercial, recreational and public uses. Therefore, the No Project/Existing General Plan Alternative is not recommended for approval. City of Carlsbad, California November 201 6 J14 Item #11 January 24, 2017 Page 28 of 189 Uptown Bressi Project Final EIR Findings of Fact 4.2 No Project/No Development Alternative 1-)i The purpose of this alternative is to reduce impacts associated with development of the project site. This alternative avoids impacts to land use, water quality, transportation , and noise. The No Project/No Development Alternative assumes that the project site would not be developed and would remain vacant. This alternative also assumes that the off-site roadway improvements would not be constructed. Under this alternative, hydrology and water quality, land use, noise, and traffic impacts associated with the project would be avoided. This alternative would not result in impacts to the remaining issue areas, nor would it meet any of the basic objectives of the proposed project. The No Project/No Development Alternative would not meet any of the basic objectives of the proposed project, therefore, this alternative is not recommended for approval. 4.3 Reduced Commercial Alternative The purpose of this alternative is to avoid or reduce the significant transportation/circulation impacts associated with the proposed project by reducing the vehicular trips generated by the project. The Reduced Commercial Alternative would reduce the commercial square footage (includes 9,160 sf of dedicated outdoor dining space) from 100,174 sf to 41,410 sf by eliminating the proposed market, pharmacy, and two retail buildings. Under this alternative, all commercial development would be shifted to the southeast corner of the project site. As shown in EIR Figure 6-1 , the residential development would still occur on the western portion of the project site, but under this alternative, residential development would be added to the northeast portion of the project site. This alternative would increase the for-sale residential units from 125 to 231 units. Using SANDAG's traffic generation rate for retail use (80 trips per every 1,000 sf), the Reduced Commercial Alternative woul~ generate 3,313 average daily trips (ADT). Using SANDAG's traffic generation rate for condominiums (8 trips per dwelling unit), the Reduced Commercial Alternative would generate 1,848 ADT. As shown in EIR Table 6-1 , the combined mixed-use project is expected to generate 5,161 ADT. Compared to the proposed project, this alternative would reduce vehicular traffic by 3,853 ADT. Under this alternative, traffic impacts would be reduced. However, impacts to noise would be greater than compared to the proposed project. This alternative would result in similar impacts to the remaining issue areas when compared to the proposed project. The Reduced Commercial Alternative is considered the environmentally superior alternative to the proposed project as it would reduce air quality and GHG emissions as well as trip generation. The Reduced Commercial Alternative would expose a larger number of receptors to traffic noise from Palomar Airport Road. However, this alternative would meet all of the objectives of the project, and would achieve to a lesser extent project objectives related to: • Smart growth and developing a sustainable community including providing land uses that are compatible and complementary with the existing surrounding and adjacent land uses and facilities in an effort to sustain SAN DAG "Smart Growth" principles for the Bressi Ranch area; City of Carlsbad, California November 2016 I 15 Item #11 January 24, 2017 Page 29 of 189 Uptown Bressi Project Final EIR Findings of Fact • Establishing a comprehensive development plan for the site that provides an appropriate balance of commercial, retail, and residential land uses; and, • Developing a sustainable community in concert with Ahwahnee Principles, which emphasizes locating housing, shops, jobs, parks, and community facilities within easy walking distance of each other. Therefore, the Reduced Commercial Alternative is not recommended for approval. City of Carlsbad, California November2016 116 Item #11 January 24, 2017 Page 30 of 189 0.3 Uptown Bressi Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program EXHIBIT B 1-)~ Mitigation measures have been identified in the Environmental Impact Report (EIR) for the Uptown Bressi Project to reduce or eliminate potential environmental impacts associated with the project. The City of Carlsbad .(City) is required to implement all adopted mitigation measures. In order to ensure compliance, the following mitigation monitoring program has been formulated. This program consists of a checklist followed by a detailed description of the mitigation measures. A mitigation checklist has been prepared for the project. Table 1 summarizes the mitigation measures for the project. Information contained within the checklist clearly identifies the mitigation measure, delineates the monitoring schedule, and defines the conditions required to verify compliance. Following is an explanation of the seven columns that constitute the checklist. Column 1 Column 2 Column 3 Column 4 Column 5 Mitigation Measure: An inventory of each mitigation measure is provided with a brief description. Type: Each mitigation measure is classified as Project Design Mitigation (PD), Project Construction Mitigation (PC), Ongoing Mitigation (OM), or Long-Term Mitigation (LT) in order to identify at what stage in the project development process the mitigation measure can be implemented based upon the following definitions: • PD -Project Design Mitigation: Mitigation that has been incorporated into the project at the design phase of project development (e.g., traffic control plan , landscape plan); • PC -Project Construction Mitigation: Mitigation that is to be initiated at the project site prior to and/or during construction to avoid construction related impacts (e.g., dust or noise control measures); • OM -On-going Mitigation: Mitigation associated with the project over a period of time (e.g., success of revegetation); • LT -Long-Term Mitigation: Mitigation that requires monitoring over a greater period of time (e.g ., five-year revegetation monitoring program). Monitor: Identifies the City department or other public agency that is responsible for determining compliance with the mitigation measure and for informing the Planning Department about compliance. Schedule: The monitoring schedule depends upon the progression of the overall project. Therefore, specific dates are not used within the "Schedule" column . Instead, scheduling describes a logical succession of events (e.g., prior to construction, annual) and if necessary, delineates a follow-up program. Compliance Action: The monitor can easily determine a mitigation measure's completion by referring to "Compliance Action." Upon satisfaction of the requirement listed in this column, the mitigation measure is considered complete. City of Carlsbad, California July 2016 I o.3-1 Item #11 January 24, 2017 Page 31 of 189 Column 6 Column 7 Uptown Bressi Project Final EIR 0.3 Mitigation Monitoring and Reporting Program 1-)~ Verification of Compliance: The monitor verifies completion of the particular mitigation measure by initialing and dating in this column. Where the "Schedule" column indicates annual or other ongoing mitigation measures, verification of compliance may not occur until completion of the project. Provision of all required signatures within the Verification of Compliance column signifies conclusion of the monitoring program. Remarks: The status of ongoing and cumulative mitigation measures is to be documented during each visit. The space provided for remarks is obviously too small for inclusion of the remarks. It is intended that this space be used to indicate whether there are specific comments pertaining to the status of the mitigation measure. If there are additional comments they are to be attached to the checklist. . This program is to be adopted by the lead and responsible agencies upon formulation of findings in order to comply with the requirements set forth by Assembly Bill 3180 (Public Resources Code Section 21081 .6). City of Carlsbad, California July 2015 I o.3-2 Item #11 January 24, 2017 Page 32 of 189 Table 1. Uptown Bressi Proiect(EIR 15-01) Mitigation Measure Type Hydrology and Water Quality WQ-1 Prior to issuance of a grading permit PD& for any phase of the development, the PC Applicant shall prepare and submit for review and approval of the Carlsbad City Engineer, a Storm Water Pollution Prevention Program (SWPPP) to demonstrate that pollutants will be controlled through compliance with the City of Carlsbad Stormwater Management and Discharge Control Ordinance, General Construction Stormwater Permit (Order No. 2012-0006-DWQ, NPDES CAS000002), and the General Municipal Stormwater Permit (R9- 2013-0001 , as amended by Order Nos. R9- 2015-0001 and R9-2015-0100, NPDES NO. CAS0109266). The Applicant shall be responsible for monitoring and maintaining the BMP erosion control measures identified below on a weekly basis in accordance with the City's grading and erosion control requirements (Municipal Code Section 15.16. et seq.). The locations of all erosion control devices shall be noted in the SWPPP referenced on the grading plan. BMPs that shall be installed Include, but are not limited to, the following; • Silt fence, fiber rolls, or gravel bag berms; • Check dams; • Street sweeping and vacuuming; • Storm drain inlet protection; • Stabilized construction entrance/exit; • Hydroseed, soil binders, or straw mulch; • Containment of material delivery and storage areas; • Stockpile management; • Spill prevention and control; City of Carlsbad, California Monitor Schedule City of Prior to issuance of Carlsbad a grading permit for Englneerlng any phase of the Department development Uptown Bressi Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date Prior to issuance of a grading permit for any phase of the development, the Applicant shall prepare and submit for review and approval of the Carlsbad City Engineer, a SWPPP to control pollutants in compliance with the City's Stormwater Management and Discharge Control Ordinance, General Construction Stormwater Permit, and the General Municipal Storrnwater Permit. The Applicant shall be responsible for monitoring and maintaining the BMP erosion control measures on a weekly basis. Remarks July 2016 I o.3-3 Item #11 January 24, 2017 Page 33 of 189 Mitigation Measure Type • Waste management for solid, liquid, hazardous, and sanitary waste- contaminated soil; and • Concrete waste management. WQ-2 Prior to the issuance of a grading PD& permit or other approvals for any public or PC private right-of-way improvements or site development plans, the Applicant shall prepare and submit for review and approval of the Carlsbad City Engineer, improvement plans that demonstrate that pollutants will be controlled through compliance with the City of Carlsbad BMP Design Manual and SWQMP. Approval of such plans shall be subject to a determination by the Carlsbad City Engineer that the proposed project has implemented an integrated Low Impact Development (LID) approach to meet criteria described in the City of Carlsbad BMP Design Manual. The proposed project has incorporated LID strategies which include site design BMPs, source control BMPs and pollutant control BMPs into the project design to the maximum extent practicable. The BMPs that shall be provided on the project site include, but are not limited to, the following: • Storm drain inlet labeling; • Sweeping of plazas, sidewalks, and parking lots; • Pervious surfaces; and • Bioretention basins . Land Use Planning LU-1 New residents within the McClellan-PD & Palomar Airport Overflight Notification Area as PC defined by the ALUCP shall be notified as part of the real estate disclosure package that the project site is outside the 60 dB(A) CNEL airport noise impact area, but still subject to intermittent single-event noise impacts, sight City of Carlsbad, California Monitor Schedule City of Prior to issuance of Carlsbad a grading permit Engineering Department City of Prior to issuance of Carlsbad a building permit Planning Department Uptown Bressi Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date Prior to the issuance of a grading permit or other approvals for any public or private right-of-way improvements or site development plans, the Applicant shall prepare and submit for review and approval of the Carlsbad City Engineer, improvement plans that demonstrate that pollutants will be controlled through compliance with the City of Carlsbad BMP Design Manual and SWQMP. Prior to issuance of a building permit, the City of Carlsbad Planning Division shall verify through the recordation of a Notice that new residents within the McClellan-Palomar Airport Overflight Notification Area as 1-)~ Remarks July 2016 I o.3-4 Item #11 January 24, 2017 Page 34 of 189 Mitigation Measure Type and sound of aircraft operating from McClellan-Palomar Airport. The state statute dictates that the following statement shall be provided: NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. This measure shall be implemented concurrent with the real estate disclosure package. Prior to issuance of a building permit and the affordable housing development, the City of Carlsbad Planning Division shall be responsible for verification of implementation of this measure through the recordation of a Notice. Noise N-1 Prior to issuance of a grading permit, PC the Applicant shall ensure that: • All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers. • Construction noise reduction methods such as shutting off idling equipment, installing temporary acoustic barriers around stationary construction noise sources, maximizing the distance between construction equipment staging areas and occupied residential areas, and use of electric air compressors and City of Carlsbad, California Monitor Schedule City of Prior to issuance of Carlsbad a grading permit Planning and Building Department Uptown Bressi Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date defined by the ALUCP are notified as part of the real estate disclosure package that the project site is outside the 60 dB(A) CNEL airport noise impact area, but still subject to intermittent single-event noise impacts, sight and sound of aircraft operating from McClellan-Palomar Airport. Prior to issuance of a grading permit, the Applicant shall ensure that construction equipment are equipped with mufflers, construction noise reduction methods are utilized, construction staging area (s) are setback at a minimum of 165 feet from any sensitive receptor, stockpiling and vehicle staging areas are located as far away from sensitive receptors during construction, and that the project is in compliance with the City's Municipal Code. 1-)~ Remarks July 201 e I o.3-5 Item #11 January 24, 2017 Page 35 of 189 Mitigation Measure Type similar power tools, rather than diesel equipment, shall be used where feasible. • Construction staging area(s) shall be set back a minimum distance of 165 feet from any sensitive receptor property line to minimize noise to sensitive receptors. • During construction, stockplling and vehicle staging areas shall be located as far as practical from noise sensitive receptors. • The project shall be in compliance v.rlth the City's Municipal Code such that grading activities are limited to the hours of 7:00 a.m. to sunset, Monday through Friday, and between 8:00 a.m. and sunset on Saturday. N-2 Prior to the issuance of certificate of PD& occupancy for any resldentlal buildings, a slx-PC foot high noise barrier, as shown in Figure 6-B: Barrier Locations of the Noise Study, Uptown Bressi, Ldn Consulting, Inc. (February 18, 2016) shall be constructed along Palomar Airport Road to mitigate noise impacts. The noise barrier must be constructed of a non- gappin.g material consisting of masonry, ~ inch thick glass, earthen berm or any combination of these materials. N-3 Prior to issuance of building permits, PD the project Applicant shall prepare a site specific noise study for each residential lot based upon the final site design (i.e., architectural and building plans), building orientation, and pad elevations. The site specific noise study shall demonstrate that the outside noise levels are below 60 dBA CNEL and interior noise levels are below 45 dBA CNEL. City of Carlsbad, California Monitor Schedule City of Prior to issuance of Carlsbad a certificate of Plannlhg and occupancy Building Department City of Prior to issuance of Carlsbad a building permit Planning and Building Department Uptown Bressi Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date Prior to the issuance of certificate of occupancy for any residential buildings, a six-foot high noise barrier, as shown in Figure 6-8: Barrier Locations of the Noise Study, Uptown Bressi, Ldn Consulting, Inc. (February 18, 2016) shall be constructed along Palomar Airport Road to mitigate nofse impacts. Prior to issuance of a building permit, a site specific noise study for each re:;identlal lot based on the final site design, building orientation, and pad elevations shall be completed by the Applicant and approved by the Building Department. Remarks July 201s I o.3-6 Item #11 January 24, 2017 Page 36 of 189 Mitigation Measure Type Transportation T-1 Gateway/Finnila Place. The project PD Applicant shall design and install a traffic signal at the intersection of Gateway Road I Finnila Place. T-2 Gateway Road/Innovation Way. PD & Prior to recordation of the final map or PC issuance of grading permits for the proposed project, the project Applicant shall pay a fair share (35 percent) contribution towards construction of a traffic signal at the intersection of Gateway Road I Innovation Way. T-3 Traffic Control Plan. Prior to PD construction, the Applicant shall prepare a Traffic Control Plan for roadways and intersections affected by project-related construction. The Traffic Control Plan shall comply with requirements in the encroachment permits issued by the City. The Traffic Control Plan shall, at minimum, include the following measures: • Maintaining. the maximum amount of travel lane capacity during non- construction periods, possible, and advanced notice to drivers through the provision of construction signage. • Maintaining alternate one-way traffic flow past the lay down area and site access when feasible. • Heavy trucks and other construction transport vehicles shall avoid the busiest commute hours (7 a.m. to 8:30 a.m. and 3:30 p.m. to 6 p.m. on weekdays), unless otherwise permitted by the City. • The Applicant shall provide a minimum 72-hour advance notice of access City of Carlsbad, California Monitor Schedule City of Prior to construction Carlsbad Planning and Engineering Department City of Prior to the Carlsbad recordation of the Planning and final map or Engineering issuance of a Department grading permit City of Prior to construction Carlsbad Planning and Engineering Department Uptown Bressi Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date Prior to construction, the Applicant shall design a traffic signal at the intersection of Gateway Road/Finnila Place. The Applicant shall be responsible for traffic signal installation as part of project construction. Prior to recordation of the final map or issuance of grading permits for the proposed project, the project Applicant shall pay a fair share contribution towards construction of a traffic signal at the intersection of Gateway Road/ Innovation Way. Prior to construction, the developers shall prepare a Traffic Control Plan which complies with the requirements in the encroachment permits issued by the City. 1-)~ Remarks July 2016 I o.3-7 Item #11 January 24, 2017 Page 37 of 189 Mitigation Measure restrictions for residents, businesses, and local emergency response agencies. This shall include the identification of alternative routes and detours to enable for the avoidance of the immediate construction zone. • The Applicant, in cooperation with the City, shall provide a phone number and community contact for inquiries about the schedule of the project throughout the construction period. This information will be posted in a local newspaper, the developer's website or City Management facilities, if available. and will be updated on a monthly basis. • Pedestrian and bicycle access shall be maintained along Gateway Road for the duration of construction. City of Carlsbad, California Type Monitor Schedule Uptown Bressi Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date 1-)~ Remarks July 2016 I o.3-8 Item #11 January 24, 2017 Page 38 of 189 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 PLANNING COMMISSION RESOLUTION NO. 7175 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENTTO THE LAND USE AND COMMUNITY DESIGN ELEMENT OF THE GENERAL PLAN FROM PLANNED INDUSTRIAL TO LOCAL SHOPPING CENTER AND R-23 RESIDENTIAL AND RECOMMENDING APPROVAL OF A MASTER PLAN AMENDMENT (178(1)) AND LOCAL FACILITIES MANAGEMENT PLAN AMENDMENT (LFMP 17(A)) ON PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD AND EL FUERTE STREET, NORTH OF GATEWAY ROAD, AND EAST OF COLT PLACE AND LOCATED WITHIN THE SOUTHEAST QUADRANT OF THE CITY WITHIN LOCAL FACILITIES MANAGEMENT ZONE 17. CASE NAME: UPTOWN BRESSI CASE NO: GPA 14-04/MP 178(1)/LFMP 87-17(A) WHEREAS, SP Acquisition, LLC, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by HCP LS Carlsbad, LLC, "Owner," described as Lots 29 through 32 of Carlsbad Tract Map CT 02-15 Bressi Ranch, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14960, filed in the Office of the County Recorder of San Diego County, February 4, 2005 ("the Property''); and WHEREAS, said verified application constitutes a request for a General Plan Amendment, Master Plan Amendment and Local Facilities Management Plan as shown on Exhibits "GPA 14-04" dated December 7, 2016, attached hereto, and MP 178(1) and LFMP 87-17(A) Amendment (dated March, 2016) on file in the Carlsbad Planning Division, UPTOWN BRESSI -GPA 14-04/MP 178(1)/LFMP 87-17(A), as provided in Government Code Section 65350 et. seq. and Section 21.52.150, Section 21.38.050 and Section 21.90.125 of the Carlsbad Municipal Code; and WHEREAS, the proposed Master Plan -MP 178(1) is set forth and attached in the draft City Council Ordinance, Exhibit "X" dated, December 7, 2016, and attached hereto as BRESSI RANCH MASTER PLAN-MP 178(1); and WHEREAS, the Planning Commission did, on December 7, 2016, hold a duly noticed public hearing as prescribed by law to consider said request; and Item #11 January 24, 2017 Page 39 of 189 1 2 3 4 5 6 7 8 9 10 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the General Plan Amendment, Master Plan Amendment and Local Facilities Management Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) B) That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of UPTOWN BRESSI -GPA 14-04/MP 178(1)/LFMP 87-17(A), based on the following findings: 11 Findings: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed and considered Final EIR 15-01, the environmental impacts therein identified for this project; the CEQA Findings; the Statement; and the Program pri_or to RECOMMENDING APPROVAL of the project; b. the Final EIR 15-01, the CEQA Findings, the Program and the Statement have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines and the Environmental Review Procedures of the City of Carlsbad; and c. they reflect the independent judgment of the City of Carlsbad Planning Commission. General Plan Amendment 2. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan and Bressi Ranch Master Plan, based on the facts set forth in the staff report dated December 7, 2016 including, but not limited to the following: The project will develop an infill site that is currently design~ted for planned industrial uses. The project would introduce new land uses to replace the existing planned industrial use with residential (R-23) and commercial (C-L) uses, and implements and establishes consistency with the requirements and policies of the Land Use and Community Design and Housing Elements. The project would expand the City's affordable housing stock to a~sist the City in meeting its Regional Housing Needs Assessment and provide a variety of commercial goods and services to the community. The site is compatible with the adjacent and existing commercial, industrial, and residential uses to the south, east and west are similar and existing uses found to be consistent with each within the Bressi Ranch Master Plan. The circulation system for the proposed project would connect to the existing circulation system developed in conjunction with the Master Plan development. The main commercial entry to the project site is at the intersection of Gateway Road and Finnila Place, which also accesses the Bressi Ranch Village Center, will be signalized. The existing Bressi Ranch Master Plan preserves approximately 191 acres (33 percent) of the Master Plan area in open space. None of these open space areas PC RESO NO. 7175 -2- Item #11 January 24, 2017 Page 40 of 189 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. overlap with the project site, which is currently proposed for planned industrial development. In accordance with the adopted HMP, the. project would not alter the existing preservation strategy for the Bressi Ranch Master Plan, which already permanently preserves and protects a majority of the sensitive habitats in the Master Plan development. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan- Palomar Airport (ALUCP), dated March 4, 2010, in that an avigation easement has been previously recorded on the property. The project is compatible with the projected noise levels of the ALUCP; and, based on the noise/land use compatibility matrix of the ALUCP, the proposed land use is compatible with the airport in that on November 23, 2015, the ALUC determined that the proposed project is consistent with the McClellan-Palomar ALUCP as the project site is outside the 60 dBA noise contour, the proposed residential and commercial uses are compatible uses in Safety Zone 6, the project is compliant with airspace protection surfaces, and the avigation easement serves as notification to future residents of aircraft overflight. City Council Policy No. 43 -Excess Dwelling Unit Bank 4. 5. That the location and density of the site to be allocated excess dwelling units per City Council Policy 43 is compatible with existing adjacent residential neighborhoods and nearby existing and proposed commercial uses in that the site is within close proximity to neighborhood services (shopping, employment, parks, schools, etc.); is not located in areas that contain significant natural or manmade hazards; and is adjacent to or near properties with similar densities. That the location and density of the site to be allocated excess dwelling units is compatible with existing adjacent residential neighborhoods and nearby existing and proposed commercial uses in that the site is within close proximity to neighborhood services (shopping, employment, parks, schools, etc.); is not located in areas that contain significant natural or manmade hazards; and is adjacent to or near properties with similar densities. Master Plan Amendment 6. That all necessary public facilities can be provided concurrent with need and adequate provisions have been provided to implement those portions of the Capital Improvement Program applicable to the subject property, in that all necessary infrastructure required to support the buildout of the Bressi Ranch Master Plan has been identified in the Bressi Ranch Master Plan and the LFMZ 17 plan and will be provided concurrently with the buildout of the project. The project Local Facilities Management Plan Amendment includes an analysis of public facilities needed to support the project and the project has been conditioned to provide the necessary improvements concurrent with development. 7. That the residential portions of the planned community will constitute an environment of sustained desirability and stability, and that it will be in harmony with or provide compatible variety to the character of the surrounding area, and that the sites proposed for public facilities, such as schools, playgrounds, and parks, are adequate to serve the anticipated population and appear acceptable to the public authorities having jurisdiction thereof, in that the new Planning Area 16 within the Bressi Ranch Master Plan will provide additional housing in the form of a high density land use that adds to the diversity of housing types within the Plan in close proximity to commercial services, employment areas and major transportation corridor (Palomar Airport Road) and is compatible with the existing commercial, office, hotel and high density affordable housing. PC RESO NO. 7175 -3- Item #11 January 24, 2017 Page 41 of 189 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 8. 9. 10. 11. That the proposed commercial uses will be appropriate in area, location, and overall design to the purpose intended, that the design and development standards are such as to create an environment of sustained desirability and stability, and that such development will meet performance standards established by Title 21, in that the commercial component ofthe project is adjacent to existing commercial development and is centrally located with pedestrian paths to serve the Bressi Ranch and surrounding communities, and that the project meets the development standards. That the streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon, in that all required roadway improvements are per the recommendations of the traffic impact analysis report prepared by Urban Systems Associates, the Local Facilities Management Plan Zone 17, EIR 15-01, and as established by the General Plan. That any proposed commercial development can be justified economically at the location proposed and will provide adequate commercial facilities of the types needed at such location proposed, in that an extensive commercial study was prepared and the Uptown Bressi site was identified as a desirable location for commercial services to satisfy the needs of the greater Carlsbad residents. There is sufficient desire for additional restaurants and food options based on Sales Tax Capture and Gap Analysis reports for the City of Carlsbad in these commercial categories. The retail vacancy rate city wide remains very low (3%) which supports greater demand for retail space and indicates a need for options in the primary and secondary market areas. That appropriate measures are proposed to mitigate any adverse environmental impact as noted in the adopted Environmental Impact Report for the project as listed in the Candidate Findings of Fact and Mitigation Monitoring and reporting program. Local Facilities Management Plan Amendment 12. 13. That the Local Facilities Management Plan for Zone 17 is consistent with Chapter 21.90 of the Carlsbad Municipal Code (Growth Management}, and with the Citywide Facilities and Improvement Plan, in that it contains all matters required by Section 21.90.110 and thereby ensures implementation of and consistency with the General Plan and protects the public health, safety, and welfare by ensuring that public facilities and improvements will be installed to serve new development prior to or concurrently with need. Under the proposed project, the Zone 17 LFMP would be amended to allow an additional 125 units for a total of 748 units and 91,164 square feet of commercial for a non-residential (commercial and industrial) total of 2,519,514 square feet. The project site is located in the southeast quadrant of the City. According to the City's Housing Element (2013-2021), the southeast quadrant of the City has 661 remaining future housing units. These units are in addition to units allocated to vacant residentially designated land use properties. Therefore, the proposed project's 125 residential units do not exceed the southeast quadrant's remaining future unit limits established by the Growth Management Plan and Proposition E. There are adequate units in the Excess Dwelling Unit Bank (352) for the allocation of 125 dwelling units for the land use change from Planned Industrial to R-23. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. PC RESO NO. 7175 -4- Item #11 January 24, 2017 Page 42 of 189 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 Conditions: 1. 2. 3. 4. 5. 6. 7. 8. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this General Plan Amendment, Master Plan Amendment and Local Facilities Management Plan Amendment. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the General Plan Amendment, Master Plan Amendment and Local Facilities Management Plan Amendment documents, as necessary, to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval shall require an amendment to this approval. Developer shall comply with all applicable prov1s1ons of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Developer shall implement, or cause the implementation of, the Uptown Bressi Project Mitigation Monitoring and Reporting Program. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims .and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this General Plan Amendment, Master Plan Amendment and Local Facilities Management Plan Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. This project shall comply with all conditions and mitigation measures which are rec:juired as part of the Zone 17 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. This approval is granted subject to certification of EIR 15-01 and is subject to-all conditions contained in Planning Commission Resolution No. 7174 incorporated herein by reference. PC RESO NO. 7175 -5- Item #11 January 24, 2017 Page 43 of 189 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 9. 10. Approval is granted for an amendment to Local Facilities Management Plan -Zone 17 as contained in the Plan titled Local Facilities Management Plan Zone 17, dated July 2016, on file in the Planning Division, and incorporated herein by reference. The amended Zone 17 Local Facilities Management Plan, dated July 2016 shall replace in its entirety the Zone 17 LFMP dated July 9, 2002. Prior to the issuance of any permits for the project, the applicant shall submit to the City Planner a digital copy in a format acceptable to the City (Word format) and a PDF of the Bressi Ranch Master Plan Amendment -MP 178(1) and Local Facilities Management Plan Zone 17(A), in addition to 5 bound copies of each. PC RESO NO. 7175 -6- Item #11 January 24, 2017 Page 44 of 189 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 December 7, 2016, by the following vote, to wit: AYES: Chairperson Anderson, Commissioners Black, Goyarts, Segall and Siekmann NOES: ABSENT: Commissioners L'Heureux and Montgomery ABSTAIN: VELYN ANDERSON, Chairperson CARLSBAD RLANNING COMMISSION ATIEST: ~~ DON NEU City Planner PC RESO NO. 7175 -7- I I I t I I I t ! I I I I I I i I £ I I ~ I I I I l J I I I I Item #11 January 24, 2017 Page 45 of 189 Exhibit "GPA 14-04" December 7, 2016 GPA 14-04 Uptown Bressi EXISTING PROPOSED Related Case File No(s): EIR 15-01 I LFMP 87-17(A) I MP 178(1) I CT 14-09 / PUD 14-10 I SDP 14-13 / SDP 16-06 / CUP 14-09 / CUP 16-01 General Plan Land Use Designation Changes Property From: To: A. 213-262-06-00 Pl R-23/L B. 213-262-07-00 Pl R-23 C. 213-262-08-00 Pl R-23/L D. 213-262-09-00 Pl L Item #11 January 24, 2017 Page 46 of 189 ORDINANCE NO. __ _ Exhibit "X" December 7, 2016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO THE BRESSI RANCH MASTER PLAN, MP 178(1) FOR PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF PALOMAR .AIRPORT ROAD AND EL FUERTE STREET, NORTH OF GATEWAY ROAD, AND EAST OF COLT PLACE AND LOCATED WITHIN THE SOUTHEAST QUADRANT OF THE CITY WITHIN LOCAL FACILITIES MANAGEMENT ZONE 17. CASE NAME: UPTOWN BRESSI CASE NO.: MP 178(1) The City Council of the City of Carlsbad, California, does ordain as follows: WHEREAS, the City Council approved the Bressi Ranch Master Plan MP 178 on July 23, 2002 by adopting Ordinance No. -NS-635; and WHEREAS, the City Council of the City of Carlsbad has reviewed and considered a Master Plan Amendment (MP 178(1)) for the Uptown Bressi project; and WHEREAS, after procedures in accordance with the requirements of law, the City Council has determined that the public interest indicates that said Master Plan Amendment MP 178(1) be approved. NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows that: 1. T.he above recitations are true and correct. 2. That Master Plan Amendment MP 178(1) dated July, 2016 incorporated herein by reference, is approved. The Master Plan shall constitute the development plan for the property and all development within the plan area shall conform to the plan. 3. That Master Plan Amendment (MP 178(1)) reorganizes and amends the Bressi Ranch Master Plan, as shown on the attached "Exhibit MP 178(1)". Removal of text is presented in a striketl=irougl=i type format, while new additional text is shown in underline type format. 4. That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 7175 shall also constitute the findings and conditions of the City Council. Item #11 January 24, 2017 Page 47 of 189 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general ci rculation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the __ day of _____ _, 2016, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the __ day of ____ _, 2016, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALllY: CELIA A. BREWER, City Attorney MA TI HALL, Mayor ATIEST: BARBARA ENGLESON, City Clerk -2-Item #11 January 24, 2017 Page 48 of 189 1 2 3 4 5 6 7 8 9 10 11 PLANNING COMMISSION RESOLUTION NO. 7176 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A VESTING TENTATIVE TRACT MAP, PLANNED DEVELOPMENT PERMIT, TWO SITE DEVELOPMENT PLANS AND TWO CONDITIONAL USE PERMITS FOR THE DEVELOPMENT OF A 17.71 ACRE SITE WITHIN THE BRESSI RANCH MASTER PLAN WITH A 91,164 SQUARE FOOT SHOPPING CENTER, AND A 125 UNIT MULTI-FAMILY CONDOMINIUM PROJECT ALL LOCATED AT THE SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD AND EL FUERTE STREET, NORTH OF GATEWAY ROAD, AND EAST OF COLT PLACE AND LOCATED WITHIN THE SOUTHEAST QUADRANT OF THE CITY WITHIN LOCAL FACILITIES MANAGEMENT ZONE 17. CASE NAME: UPTOWN BRESSI CASE NO.: CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14- 09/CUP 16-01 WHEREAS, SP Acquisition, LLC, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by HCP LS Carlsbad, LLC, "Owner," described as Lots 29 through 32 of Carlsbad Tract Map CT 02-15 Bressi Ranch, in the 12 City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14960, filed in the Office of the County Recorder of San 13 Diego County, February 4, 2005 14 ("the Property''); and WHEREAS, said verified application constitutes a request for a Vesting Tentative Tract 15 16 Map as shown on Exhibit(s) "A" -"GGG" dated December 7, 2016, on file in the Planning Division 17 UPTOWN BRESSI -CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14-09/CUP 16-01, as provided by 18 Chapter 20.12, 21.06, 21.42, and 21.45, of the Carlsbad Municipal Code; and 19 WHEREAS, the Planning Commission did, on December 7, 2016, hold a duly noticed public 20 hearing as prescribed by law to consider said request; and 21 WHEREAS, at said public hearing, upon hearing and considering all t estimony and 22 arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the 23 Vesting Tentative Tract Map, Planned Development Permit, two Site Development Plans and two 24 Conditional Use Permits. 25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of 26 Carlsbad as follows: 27 A) That the foregoing recitations are true and correct. 28 Item #11 January 24, 2017 Page 49 of 189 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 8) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of UPTOWN BRESSI -CT 14-09/PUD 14-10/SDP 14-13/SDP 16- 06/CUP 14-09/CUP 16-01, based on the following findings and subject to the following conditions: Findings: Tentative Tract Map 1. 2. 3. 4. 5. 6. 7. 8. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 ofthe Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the project implements the goals and policies of the General Plan as discussed in Planning Commission Resolution No. 7175; is consistent with all minimum requirements of Titles 20 and 21 governing lot size and configuration; and has been designed to comply with all applicable city regulations. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential, commercial and industrial development on the General Plan, in that the adjacent and existing commercial, industrial, and high density residential uses to the south, east and west are similar to existing uses found to be consistent with each other within the Bressi Ranch Master Plan. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential and commercial development at the density and size proposed, in that all required minimum development standards and design criteria required by the applicable subdivision Ordinance, zoning ordinance and Bressi Ranch Master Plan are incorporated into the project. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and conditioned such that there are no conflicts with established easements. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that structures are oriented to take advantage of shade or prevailing breezes. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources by providing 20% (twenty-five units) of the dwelling units as affordable units on-site to low-income households through the construction of attached multi-family units at the proposed density (16 du/ac) that provides moderately affordable housing units in comparison to single-family detached units within the southeast quadrant of the City of Carlsbad. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in PC RESO NO. 7176 -2- Item #11 January 24, 2017 Page 50 of 189 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 9. 10. 11. 12. 13. 14. that the site is a previously graded industrial lot with no significant flora or fauna and the project will implement the required mitigation measures applicable to this site as identified in the Uptown Bressi Project EIR. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the City's Stormwater regulations. It has been conditioned to implement Best Management Practices for water quality protection and to comply with the City of Carlsbad's BMP Design Manual, Order R9-2013-0001 and amendments R9-2015-0001 and R9-2015-0100 issued by the California Regional Water Quality Control Board for the San Diego Region, and with the City of Carlsbad's Municipal Code. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan and Bressi Ranch Master Plan 178(1) based on the facts set forth in the staff report dated December 7, 2016 and the findings contained in Planning Commission Resolution No. 7175 for GPA 14-04. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 17 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. b. c. d. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. The Local Facilities Management fee for Zone 17 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code . This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 17. As provided in the analysis contained in the EIR 15-01, implementation of the proposed project would not result in a significant impact to public services and utilities; therefore, no mitigation measures are proposed. That there have been sufficient developments approved in the quadrant at densities below the control point to offset the units in the project above the control point so that approval will not result in exceeding the quadrant limit. Under the proposed project, the Zone 17 LFMP would be PC RESO NO. 7176 -3- Item #11 January 24, 2017 Page 51 of 189 1 2 3 4 5 6 7 8 9 10 11 12 13 15. 16. amended to allow an additional 125 units for a total of 748 units. The project site is located in the southeast quadrant of the City. According to the City's Housing Element (2013-2021), the southeast quadrant of the City has 661 remaining future housing units. These units are in addition to units allocated to vacant residentially designated land use properties. Therefore, the proposed project's 125 residential units do not exceed the southeast quadrant's remaining future unit limits established by the Growth Management Plan and Proposition E. There are adequate units in the Excess Dwelling Unit Bank (352) for the allocation of 125 dwelling units for the land use change from Planned Industrial to R-23. That the location and density of the site to be allocated excess dwelling units per City Council Policy 43 is compatible with existing adjacent residential neighborhoods and nearby existing and proposed commercial uses in that the site is within close proximity to neighborhood services (shopping, employment, parks, schools, etc.); is not located in areas that contain significant natural or manmade hazards; and is adjacent to or near properties with similar densities. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that implementation ofthe project would not adversely impact planned or current levels of service for public facilities such as sewer, water, open spaces, parks, libraries, fire, and police. All future development within the project site will be required to construct necessary infrastructure as identified in the LFMP. Therefore, the proposed project is consistent with the Zone 17 LFMP. 14 Planned Development Permit 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17. 18. The project's design, including architecture, streets, and site layout a) contributes to the community's overall aesthetic quality, b) includes the use of harmonious materials and colors, and the appropriate use of landscaping, and c) achieves continuity among all elements of the project, in that the multi-family residential air-space condominium and stacked flat development will have an overall urban contemporary architectural theme with flat and gable roofs. The project has three separate building plans with four different unit floor plans. There are six different color schemes and buildings use stucco, hardboard lap siding, brick veneer and board and batt siding as building materials and include design details including resawn wood beams/brackets, cable suspended metal awnings, standing seam metal roofs on architectural roof elements, and metal deck/balcony railings. Most of the roofs incorporate a 3.5:12 roof pitch and use composition shingles. All elements (i.e. site layout, architecture, landscaping) create continuity in the overall project design. That the proposed use at the particular location is necessary and desirable to provide a service or facility which will contribute to the general long-term well-being of the neighborhood and community, in that the new Planning Area 16 within the Bressi Ranch Master Plan will provide additional housing in the form of a high density land use that adds to the diversity of housing types within the Plan in close proximity to commercial services, employment areas and major transportation corridor (Palomar Airport Road) and is compatible with the existing commercial, office, hotel and high density affordable housing. The commercial component of the project is adjacent to existing commercial development and is centrally located with pedestrian paths to serve the Bressi Ranch and surrounding communities, and that the project meets the development standards of the Bressi Ranch Master Plan and Zoning Ordinance. An extensive commercial study was prepared and the Uptown Bressi site was identified as a desirable location for commercial services to satisfy the needs of the PC RESO NO. 7176 -4- Item #11 January 24, 2017 Page 52 of 189 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 19. greater Carlsbad residents. There is sufficient desire for additional restaurants and food options based on Sales Tax Capture and Gap Analysis reports for the City of Carlsbad in these commercial categories. The retail vacancy rate city wide remains very low (3%) which supports greater demand for retail space and indicates a need for options in the primary and secondary market areas. That such project will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity, in that the project meets the development standards of the Bressi Ranch Master Plan and Zoning Ordinance and has been found consistent with the Airport Land Use Compatibility Plan. Impacts related to the development of the project have been adequately mitigated to a less than significant level as shown in the EIR 15-01 for the project. Site Development Plan (Residential) 20. 21. 22. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the project consists of the construction of 125 multiple-family residential air-space condominiums on a 7.7 acre site located adjacent to Palomar Airport Road and Colt Place. The site is adjacent to existing commercial, multiple-family residential and industrial office developments. The proposed multiple-family residential project at a density of 16.3 du/ac is consistent with the R-23 Residential (15-23 du/ac) General Plan Land Use designation. The project is consistent with the various elements and objectives of the General Plan as discussed above. The proposed multiple-family residential use will not be detrimental to existing uses or to uses specifically permitted in the area in which the use is located in that, multiple-family residential is a use permitted within the Bressi Ranch Master Plan underlying zoning of Residential Density-Multiple (RD-M) Zone and is compatible with the other residential and industrial office uses adjacent to the project site. The 125 unit multiple-family residential condominium project will not adversely impact the site, surroundings, or traffic circulation in that the existing surrounding streets have adequate capacity to accommodate the 1,000 Average Daily Trips (ADT) generated by the residential project; the project complies with all minimum development standards of the Bressi Ranch Master Plan, the Carlsbad Municipal Code, including but not limited to the RD-M Zone and the Planned Development Ordinance; and the project is adequately parked onsite and does not result in any environmental impacts. That the site for the intended use is adequate in size and shape to accommodate the use, in that the 125 multiple-family residential air-space condominium project complies with all of the minimum development standards (i.e. front, side and rear setbacks, lot coverage, parking, and height restrictions) of the Bressi Ranch Master Plan, the Carlsbad Municipal Code, including but not limited to the RD-M Zone and the Planned Development Ordinance as demonstrated in the project staff report. That all yards, setbacks, walls, fences, landscaping, and otherfeatures necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that as demonstrated in the project staff report, the 23 three-story buildings with 125 residential air-space condominium units project complies with all of the minimum development standards (i.e. front, side and rear setbacks, lot coverage, parking, and height restrictions) of the Residential Density -Multiple (RD-M) Zone and the Planned PC RESO NO. 7176 -5- Item #11 January 24, 2017 Page 53 of 189 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 23. Development Ordinance. Landscaping along the outer edge of the property, including the front setback area along Gateway Road and Colt Place will be provided consistent with the requirements of the city's Landscape Manual and the Bressi Ranch Master Plan. A noise wall will be constructed adjacent to Palomar Airport Road to attenuate roadway noise to an acceptable level. That the street systems serving the proposed use are adequate to properly handle all traffic generated by the proposed use, in that the 125 unit multiple-family residential condominium project will not adversely impact the site, surroundings, or traffic circulation in that the existing surrounding streets have adequate capacity to accommodate the 1,000 Average Daily Trips (ADT) generated by the residential project; the project complies with all minimum development standards of the Bressi Ranch Master Plan, the Carlsbad Municipal Code, including but not limited to the RD-M Zone and the Planned Development Ordinance; and the project is adequately parked onsite and does not result in any environmental impacts. Adjacent streets are already fully improved with pavement, curb, gutter, parkway and sidewalk. A new signalized intersection will be installed at Gateway Road and Finnila Place. Site Development Plan (Commercial) 24. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the project consists of the construction of 91,164 square feet of shops and restaurants on a 9.97 acre site located adjacent to Palomar Airport Road and El Fuerte Street. The site is adjacent to existing commercial, and industrial office developments. The proposed commercial project is consistent with the Local Shopping Center (L) General Plan Land Use designation. The project is consistent with the various elements and objectives of the General Plan as discussed above. The proposed commercial use will not. be detrimental to existing uses or to uses specifically permitted in the area in which the use is located in that, the local serving commercial is a use permitted within the Bressi Ranch Master Plan underlying zoning of Local Shopping Center (CL) Zone and is compatible with the other commercial, residential and industrial office uses adjacent to the project site. The commercial project will not adversely impact the site, surroundings, or traffic circulation in that the existing surrounding streets have adequate capacity to accommodate the 8,014 Average Daily Trips (ADT) generated by the commercial project; the project complies with all minimum development standards of the Bressi Ranch Master Plan, the Carlsbad Municipal Code, including but not limited to the C-L Zone. The shopping center location and design encourages the use of outdoor common facilities such as courtyards and plazas; and, there are multiple uses within the scope of the Uptown Bressi shopping center that will have common customers and therefore use common parking facilities. Approval of the Site Development Plan will allow tables and chairs to be located in proposed common courtyards and plazas, thereby strengthening the intent of creating a pedestrian focused environment. The request for a 2% reduction in the number of parking spaces is supported in that the designated courtyards and plazas are an integral part of the Uptown Bressi shopping center and are necessary for its success as a pedestrian destination and as such will require fewer parking spaces. 25. That the site for the intended use is adequate in size and shape to accommodate the use, in that the project site can accommodate the proposed commercial development while PC RESO NO. 7176 -6- Item #11 January 24, 2017 Page 54 of 189 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 26. 27. complying with all setback, lot coverage, and height development standards, except for a 2.2% parking reduction request. The request for a 2.2% reduction in the number of parking spaces is supported in that the designated courtyards and plazas are an integral part of the Uptown Bressi shopping center and are necessary for its success as a pedestrian destination and as such will require fewer parking spaces. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the project has been designed in accordance with all development and design standards of the Bressi Ranch Master Plan and Title 21; therefore, the project is compatible with existing permitted and future uses. Further, the proposed commercial buildings will be setback a minimum of 65 feet from Palomar Airport Road where 50 feet is required and a minimum of 49 feet from El Fuerte Street where 15 feet is required and adequate vehicular and pedestrian circulation, access aisles, and landscaping will be provided and maintained. That the street systems serving the proposed use are adequate to properly handle all traffic generated by the proposed use, in that multiple-family residential condominium and commercial project will not adversely impact the site, surroundings, or traffic circulation in that the existing surrounding streets have adequate capacity to accommodate the 9,014 Average Daily Trips (ADT) generated by the residential and commercial project; the project complies with all minimum development standards of the Bressi Ranch Master Plan, the Carlsbad Municipal Code, including but not limited to the C-L zone, the RD-M Zone and the Planned Development Ordinance; and the project is adequately parked (with a 2.2 % reduction) onsite and does not result in any environmental impacts. Adjacent streets are already fully improved with pavement, curb, gutter, parkway and sidewalk. An additional right-in, right-out will be provided along El Fuerte Street to add vehicular and pedestrian access to the site and the intersection of Gateway Road and Finnila Place will be signalized to mitigate traffic impacts to a less than significant level. The analysis included in the EIR 15-01 for the Uptown Bressi project demonstrates that the existing streets will be adequate to accommodate the traffic generated by this project. Conditional Use Permit (drive-thru) 28. 29. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that the project is consistent with the Bressi Ranch Master Plan and General Plan as discussed in the above findings and staff report and the drive-thru, which is an ancillary use to the permitted use in the C-L zone, provides a desirable service, and is a convenience to the community by providing increased accessibility to the use and is designed to operate safely and efficiently within the commercial center. The drive-thru lane includes directional arrows in the parking lot to guide users to the windows and provides adequate stacking to avoid any impacts to the circulation system, internal or external, and all drive aisles, parking spaces, back up areas, and fire lanes are not impacted by the drive-thru lane. 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, in that the drive-thru lane is designed so that it will not impact other commercial uses in the center. The drive-thru lane is designed to allow for adequate queuing without blocking the commercial centers internal circulation aisles, parking aisles, or parking spaces. PC RESO NO . 7176 -7- Item #11 January 24, 2017 Page 55 of 189 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 30. 31. That the site for the proposed conditional use is adequate in s·ize 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 City Planner, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that the project complies with all of the applicable development standards ofthe C-L Zone and the design of the drive-thru lane utilizes a building design element to pass under with planters and landscaping to screen and separate the drive-thru lane from the parking lot, drive aisles, and El Fuerte Street. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the vehicle trips were analyzed in EIR 15-01 and that the Uptown Bressi Shopping Center has adequate circulation system and all public rights-of way will be in place to accommodate the drive-thru. The project will provide directional signage and arrows in the parking lot to guide drive-thru users to the lane and is designed with sufficient stacking to avoid impacting the internal circulation system. Conditional Use Permit (Liquor Store) 32. 33. 34. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that in that a drug store drive-thru and a liquor store provide a desirable service and is a convenience to the community by providing increased accessibility and is designed to operate safely and efficiently within the commercial center. The uses are consistent with the General Plan Land Use, Mobility, and Public Safety Elements as shown above. "Public convenience or necessity" is a tool for local government and communities that directly ties them into the state liquor licensing process. A liquor store can provide a benefit to the community through employment gain, business taxes, and as a unique business addition. The Municipal Code allows off-sale liquor stores with specific conditional use restrictions to protect the community by regulating how the business operates and the use has been conditioned accordingly. Current state law limits the issuance of new licenses in geographical regions defined as high crime areas or in areas of "undue concentration" of retail alcohol outlets. The Bressi Ranch area does not have a high concentration of liquor stores nor does it have a crime rate that is higher than neighboring communities. 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 in that the liquor store provides adequate parking, does not cause congestion or impact the traffic of other nearby commercial uses as shown in the traffic study. The store is not, and is conditioned to not be, within 500 feet of any other licensed liquor store. 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 City Planner in order to integrate the use with other uses in the neighborhood in that the project complies with all of the applicable development standards of the C-L Zone except for the 2.2% parking reduction. The liquor retail store will occupy Building C. Adequate parking is provided in front of the building and adequate vehicular circulation is provided by the design of the center. PC RESO NO. 7176 -8- Item #11 January 24, 2017 Page 56 of 189 1 2 3 4 5 6 7 8 9 10 11 12 13 14 35. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that access to the retail/general commercial site would be provided from Colt Place, Gateway Road and El Fuerte Street. The access point on El Fuerte Street would be a right in/right out only configuration, and a deceleration lane would be constructed on southbound El Fuerte Street. In addition, a four-way traffic signal is proposed at the Gateway Road/Finnila Place intersection. Pursuant to the Circulation Analysis of the project EIR 15-01, the street system serving the proposed uses will be adequate to handle the 9,014 Average Daily Trips generated by the proposed project. The surrounding public streets are improved to their full-width improvements, including curbs, gutters, and sidewalks. 36. The Planning Commission of the City of Carlsbad does hereby find that the Final Project EIR 15-01, the Candidate Findings of Fact and the Mitigation Monitoring and Reporting Program, have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Carlsbad. 37 . The Planning Commission of the City of Carlsbad has reviewed, analyzed, and considered Final Project EIR 15-01, the environmental impacts therein identified for this project; the Candidate Findings of Fact ("Findings" or "CEQA Findings") "Exhibit A," and the Mitigation Monitoring and Reporting Program ("Program") "Exhibit B," both attached to Planning Commission Resolution 7174, prior to RECOMMENDING APPROVAL of this project. 38. The Planning Commission finds that Final EIR 15:..01 reflects the independent judgment of the City of Carlsbad Planning Commission. 39. The Planning Commission does accept as its own, incorporate as if set forth in full herein, and 15 make each and every one of the findings contained in the CEQA Findings ("Exhibit A" of Planning Commission Resolution 7174), including feasibility of mitigation measures pursuant 16 to Public Resources Code 21081 and CEQA Guidelines 15091, and infeasibility of project alternatives. 17 18 19 20 21 22 23 24 25 26 27 28 40. 41. 42. The Planning Commission hereby finds that the Program ("Exhibit B" of Planning Commission Resolution 7174) is designed to ensure that during project implementation, the Developer and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the CEQA Findings and the Program. The Record of Proceedings for this project consists of The Report, CEQA Findings, and Program; all reports, applications, memoranda, maps, letters and other planning documents prepared by the planning consultant, the environmental consultant, and the City of Carlsbad that are before the decision makers as determined by the City Clerk; all documents submitted by members of the public and public agencies in connection with the Project EIR; minutes of all public meetings and public hearings; and matters of common knowledge to the City of Carlsbad which they may consider, including but not limited to, the Carlsbad General Plan, Carlsbad Zoning Ordinance, Bressi Ranch Master Plan, and Local Facilities Management Plan which may be found at 1200 Carlsbad Village Drive in the custody of the City Clerk, and 1635 Faraday Avenue in the custody of the City Planner. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). PC RESO NO. 7176 -9- Item #11 January 24, 2017 Page 57 of 189 1 2 3 4 5 6 7 8 9 10 11 12 13 43. 44. 45. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-Palomar Airport (ALUCP), dated March 4, 2010, in that the project is located outside the 60 dB(A) CNEL noise contour and as conditioned, the applicant shall record a notice concerning aircraft noise as the project is within the vicinity of McClellan-Palomar Airport. The project is com·patible with the projected noise levels of the ALUCP; and, based on the noise/land use compatibility matrix of the ALUCP, the proposed land use is compatible with the airport, in that the proposed residential and commercial uses are compatible uses in Safety Zone 6 with no restriction. The property has already had an avigation easement recorded against the property. The project is consistent with the City of Carlsbad Climate Action Plan (CAP) through compliance with state-mandated GHG reduction measures and incorporation of project design features (Renewable and efficient energy use, Vehicular related reductions, Water use and landscape efficiency, Waste reductions, etc.) and as conditioned herein that reduce GHG emissions consistent with the CAP. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions below shall be satisfied prior to grading permit, 14 or building permit, whichever comes first; or pursuant to an approved construction schedule at the discretion of the appropriate division manager or official. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. 3. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of these Planned Development Permit, Site Development Plans and Conditional Use Permits. Developer or a successor in interest shall have the vested rights conferred in Chapter 2!).17 of the tarlsbad Municipal Code as a result of the approval of the Vesting Tentative Tract Map. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Vesting Tentative Tract Map, Planned Development Permit, Site Development Plans and Conditional Use Permits documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, PC RESO NO. 7176 -10- Item #11 January 24, 2017 Page 58 of 189 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 5. 6. 7. 8. 9. 10. 11. 12. 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. Developer shall implement, or cause the implementation of, the Uptown Bressi Project Mitigation Monitoring and Reporting Program (EIR 15-01). Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney1s fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Vesting Tentative Tract Map, Planned Development Permit, Site Development Plans and Conditional Use Permits, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 17 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. This approval is granted subject to the approval of EIR 15-01, GPA 14-04, MP 178(1) and LFMP 87- 17(A) and is subject to all conditions contained in Planning Commission Resolutions No. 7174 and 7175 for those other approvals incorporated herein by reference. This approval shall become null and void if building permits are not issued for this project within 36 months from the date of project approval. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 17, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 13. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest PC RESO NO. 7176 -11- Item #11 January 24, 2017 Page 59 of 189 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 14. 15. 16. 17. 18. 19. that the City of Carlsbad has issued a Vesting Tentative Tract Map, Planned Development Permit, Site Development Plans and Conditional Use Permits by Resolution(s) No. 7176 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict 25 dwelling units (20% of total dwelling units) as affordable to lower-income households for 55 years, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the City Planner no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. Developer shall construct the required inclusionary units concurrent with the project's market rate units, unless both the final decision-making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan , showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. CUP 14-09 and CUP 16-01 shall be reviewed by the City Planner annually to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health, safety and general welfare. If the City Planner determines that: 1) the Conditional Use Permit was obtained by fraud or misrepresentation; or 2) the use for which such approval was granted is not being exercised; or 3) the Conditional Use Permit is being or recently has been exercised contrary to any of the terms or conditions of approval or the conditions of approval have not been met; or 4) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in violation of any statute, ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the City Planner shall recommend that the Planning Commission hold a public hearing and after providing the permittee the opportunity to be heard, the Planning Commission may revoke and terminate the Conditional Use Permit in whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions. Conditional Use Permit 14-09 and CUP 15-01 are granted without an expiration date. These permits may be revoked at any time after a public hearing, if it is found that the use(s) has/have PC RESO NO. 7176 -12- Item #11 January 24, 2017 Page 60 of 189 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 20. 21. a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. For CUP 15-01 (liquor store}, an opening shall be provided through which an unobstructed view of the interior of the premises can be obtained from the exterior of the building. Such establishment shall not be located within five hundred feet of any other licensed liquor store. Developer of the residential project shall establish a homeowner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Division with a recorded copy ofthe official CC&Rs that have been approved by the Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement by the City: The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment: A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements: In the event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article Section the City shall have the right, but not the duty, to perform the necessary maintenance. lfthe City elects to perform such maintenance, the City shall give written notice to the Association, w ith a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. d. Special Assessments Levied by the City: In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section . Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal pro rata share of PC RESO NO. 7176 -13-Item #11 January 24, 2017 Page 61 of 189 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 22. 23 . 24. 25. 26. 27. 28. the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. e. Landscape Maintenance Responsibilities: The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit ___ _ f. Balconies, trellis, and decks: The individual lot or unit owner allowances and prohibitions regarding balconies, trellis, and decks shall be as set forth in Exhibit ___ _ g. Rentals: If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 30 days. The CC&Rs for the project shall include this requirement. Prior to issuance of residential building permits, the Developer shall submit to the City Planner a recorded copy of the Condominium Plan filed with the Department of Real Estate which is in conformance with the City-approved documents and exhibits. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community and Economic Development Department and Planning. Developer shall submit a street name list consistent with the City's street name policy subject to the City Planner's approval prior to final map approval. Prior to occupancy of the first dwelling unit, the Developer shall provide all required passive and active recreational areas per the approved plans, including landscaping and recreational facilities. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application, any change in the telecommunications provider, or any transfer in ownership of the site. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval ofthe City Planner and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City Planner, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. PC RESO NO. 7176 -14-Item #11 January 24, 2017 Page 62 of 189 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 29. 30. 31. 32. · 33. 34. 35. 36. 37. 38. 39. Developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the City Planner and the City Attorney (see Noise Form #1 on file in the Planning Division). Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight c1nd sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the City Planner and the City Attorney (see Noise Form #2 on file in the Planning Division). Developer shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the City Planner (see Noise Form #3 on file in the Planning Division). Developer shall request and receive from the City a Release of Notice of Restriction on Real Property recorded June 2, 2005 in the San Diego County Recorder's Office under Document No. 2005-0461222 to remove the subject property from the McClellan-Palomar Comprehensive Land Use Plan Flight Activity Zone restriction as it is no longer applicable to the property with the adoption of the McClellan-Palomar Airport Land Use Compatibility Plan. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the City Planner. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the City Planner. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. Developer shall construct, install, and stripe not less than 491 parking spaces, as shown on Exhibit "A" -"GGG". Building plans shall show the locations of Accessible and EV spaces. Prior to issuance of a building permit for the commercial use, all parties involved in the joint use of a parking lot shall provide evidence of agreement for such joint use by a proper legal instrument approved by the City Attorney as to form and the City Planner as to content. Such instrument, when approved as conforming to the provisions of this title, shall be recorded in the office of the county recorder and copies thereof filed with the City Planner. The following tribal cultural resource measures shall be implemented: 28 a. Prior to the commencement of any ground disturbing activities, the project developer PC RESO NO. 7176 -15-Item #11 January 24, 2017 Page 63 of 189 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 shall enter into a Pre-Excavation Agreement, otherwise known as a Cultural Resources Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission Indians. This agreement will contain provisions to address the proper treatment of any cultural resources or Luiseno Native American human remains inadvertently uncovered during the course of the project. The agreement will outline the roles and powers of the Luiseno Native American monitors and the archaeologist. b. Any and all uncovered artifacts of Luiseno Native American cultural importance should be returned to the San Luis Rey Band of Mission Indians, and/or the Most Likely Descendant, if applicable, and not be curated. c. Native American monitors and archaeological monitors shall have joint authority to temporarily divert and/or halt construction activities. If cultural resources are discovered during construction, all earth moving activity within and around the immediate discovery area must be diverted until the Luiseno Native American monitor and the archaeologist can assess the nature and significance of the find. d. The Luiseno Native American monitor shall be present at the project's preconstruction meeting to consult with grading and excavation contractors concerning excavation schedules and safety issues, as well as consult with the principal archaeologist concerning the proposed archaeologist techniques and/or strategies for the project. e. If a significant cultural resource(s) and/or unique archaeological resource(s) are unearthed during ground disturbing activities for this project, the San Luis Rey Band of Mission Indians shall be notified and consulted regarding the respectful and dignified treatment of those resources. Pursuant to California Public Resources Code Section 21083.2(b) avoidance is the preferred method of preservation for archaeological and cultural resources. If however, the Applicant is able to demonstrate that avoidance of a significant and/or unique cultural resources is infeasible and a data recovery plan is authorized by the City of Carlsbad as the lead agency, the San Luis Rey Band of Mission Indians shall be consulted regarding the drafting and finalization of any such recovery plan. f. When cultural resources are discovered during the project, if the archaeologist collects such resources, a Luiseno Native American monitor must be present during any testing or cataloging of those resources. If the archaeologist does not collect the cultural resources that are unearthed during the ground disturbing activities, the Luiseno Native American monitor, may in their discretion, collect said resources and provide them to the tribe and respectful and dignified treatment in accordance with the San Luis Rey Band of Mission Indians cultural and spiritual traditions. g. If suspected Native American human remains are encountered, California Health and Safety Code Section 70SO.S states that no further disturbance shall occur until the San Diego County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. Suspected Native American remains shall be examined in the field and kept in a secure location at the site. A Luiseno Native American monitor shall be present during the analysis of the remains. If the San Diego County Coroner determines the remains to be Native American, the Native Americah Heritage Commission (NAHC) must be contacted within 24 hours. The NAHC must then PC RESO NO. 7176 -16-Item #11 January 24, 2017 Page 64 of 189 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 41. immediately notify the "Most Likely Descendant" of receiving notification of the discovery. The Most Likely Descendant shall then make recommendations within 48 hours, and engage in consultation concerning treatment of remains as provided in Public Resources Code 5097.98. h. In the event that fill is imported into the project area, the fill shall be clean of cultural resources and documented as such. If fill material is to be utilized and/or exported from areas within the project site, then that fill shall be analyzed and confirmed by an archeologist and Luiseno Native American monitor that such fill material does not contain cultural resources. The Developer shall implement the following greenhouse gas reduction measures: a. Per the Uptown Bressi project -Greenhouse Gas Emission Reduction Quantification, RECON, dated November 17, 2016, the residential project shall include installation of a photovoltaic (PV) energy system capable of producing a minimum of 375,000 kilowatts hours per year (kWh) of electricity annually. The commercial project shall include a PV energy system capable of producing a minimum of 459,270 kWh per year. The PV energy systems shall be installed concurrent with and proportional to the construction and occupancy of the individual buildings. Since better technologies and other incentives may become available in the future for more efficient and economical renewable energy systems, or city may update compliance methods, systems may be analyzed for Climate Action Plan (CAP) compliance prior to building permit issuance. Developer shall submit and receive approval of a Consistency Determination by the City Planner and provide a Greenhouse Gas analysis report showing consistency with the CAP. b. All project buildings shall comply with the Green Building Code including the requirement for use of EnergyStar systems and white roofs. c. The project shall incorporate the following design features to reduce energy use for water heating: 1. Solar water heating would be provided for the residential recreational common areas. 2. All residential indoor hot water would be supplied by tankless water heaters. d. Prior to occupancy, verification shall be provided that at least 75 percent of project luminaires be LED or similarly energy efficient device. e. The commercial portion of the project shall include 30 parking spaces pre-wired and capable of supporting electric vehicle (EV) charging stations. Of these 30 parking spaces, the project shall install "EV Ready" (defined as meeting the requirements of CalGreen Section 5.106.5.3.2) stations at 15 commercial parking spaces. All residential garages will be pre-wired for EV charging stations and the project will include one EV charging station at a visitor parking space. f. The project shall utilize recycled water for all landscaping where practicable. g. The project shall include rainwater systems that would collect and distribute rainwater to landscaping, such as planter boxes. PC RESO NO. 7176 -17-Item #11 January 24, 2017 Page 65 of 189 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 Engineering Conditions General 42. 43. 44. 45. 46. 47. 48. 49. 50. Prior to hauling dirt or construction materials to or from any proposed construction site Within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Tentative Map/Site Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision making body. The copy shall be submitted to the city planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs, other recorded document or other means acceptable to the city engineer, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to parking, private driveways, utilities, street trees, sidewalks, landscaping, street lighting, water quality treatment measures, low impact development features, storm drain facilities, located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. Developer shall prepare, submit and process for city engineer approval a final tnap to subdivide this project. There shall be one Final Map recorded for this project. Developer shall pay the city standard map review plan check fees. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. Developer shall submit to the city engineer written approval from North County Transit District (NCTD) demonstrating mass-transit improvement requirements for this project have been satisfied. Prior to approval of the final map or issuance of any permits, the developer shall submit and attain approval from the city engineer a Transportation Demand Management (TDM) Plan as the project is subject to transportation demand management strategies that reduce the reliance on single- occupant automobiles and assist in achieving the city's livable streets vision. The plan shall include implementation approaches and timelines. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Transportation Demand Management Implementation Agreement. All technical studies (i.e. SWQMP, drainage studies, soils reports, etc.) are considered preliminary during discretionary review and are subject to additional review and modification during final design. PC RESO NO. 7176 -18-Item #11 January 24, 2017 Page 66 of 189 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 Fees/ Agreements 51. 52. 53. 54. 55. 56. 57. 58. 59. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering private storm drain and concrete decorative pavers located over proposed public right-of-way or easements as shown on the tentative map. Developer shall pay processing fees per the city's latest fee schedule. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering all private balconies located over proposed general utility and access easements or water easements as shown on the tentative map. Developer shall pay processing fees per the city's latest fee schedule. Developer shall cause property owner to apply for and obtain reapportionment of the assessments imposed on the subject project in accordance with law governing the associated 2002-01 (Poinsettia Lane East) Assessment District, or the assessments must be paid in full. Developer shall pay all associated costs of said reapportionment. The application shall be submitted to the city engineer with the application for the final map. The subject property is within the boundaries of Assessment District No. 2002-01 (Poinsettia Lane East). The owner of this property has previously executed a Special Assessment District Disclosure Agreement with the city. Said Agreement contains provisions requiring the current owner and any subsequent owner(s} to provide notice to potential buyers of the amount of the assessment and other provisions and requires owner to have each buyer receive, execute and deposit into escrow a Notice of Special Assessment and Prepayment Option Agreement. In the event that owner does not have the buyer execute the Notice of Special Assessment and Prepayment Option Agreement prior to close of escrow, the assessment on the subject property must be paid off in full by owner. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping District No. 2 (SL&LD #2). Prior to approval of any grading, building permits or final map for this project, developer shall cause owner to execute an Agreement to annex the subject property into SL&LD #2. The Agreement shall be in a form approved by the assistant city finance director. Developer shall pay all fees necessary to annex the property into SL&LD #2. Prior to approval of the final map or issuance of any permits, the developer shall enter into an agreement with the city to pay the city's Transportation System Management Program and Transportation Demand Management Program fees established as a result of the forthcoming Traffic Impact Fee Update. The form and content of said agreement shall be to the satisfaction of the city engineer and city attorney. PC RESO NO. 7176 -19-Item #11 January 24, 2017 Page 67 of 189 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 Grading 60. Based upon a review of the proposed grading and the grading quantities shown on the vesting tentative map, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports as required by city engineer, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. Storm Water Quality 61. 62. 63. 64. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. This project is subject to 'P riority Development Project' requirements. Developer shall prepare and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. Dedications/Improvements 65. 66. Developer shall cause owner to dedicate to the city and/or other appropriate entities easements for public street & public utility, water, and general utility and access purposes as shown on the tentative map. The offer shall be made by a certificate on the final map. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. Developer shall design the private drainage systems, as shown on the tentative map to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 67. Developer shall prepare and process public improvement plans and, prior to city engineer PC RESO NO. 7176 -20-Item #11 January 24, 2017 Page 68 of 189 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 68. 69. 70. 71. 72. approval of said plans, shall execute a city standard subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the tentative map. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: a. Install on-site public sewer and public potable water system. b. Add raised medians and reconfigure street striping on Gateway Road. c. Add pedestrian ramps at driveway and street intersections. d. Add raised median on El Fuerte Street extending from Palomar Airport Road to Gateway Road and construct a deceleration lane with new pavement, striping, curb, gutter and sidewalk north of the new driveway on El Fuerte Street. e. Install two Chicanes on Gateway Road: one between Innovation Way and Alicante Road and one between Innovation Way and Village Green Drive. Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. Developer shall prepare and process improvement plans and, prior to approval, shall execute a city standard Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public signal improvements shown on the tentative map. Said improvements shall be installed to city standards to the satisfaction of the city engineer. More specifically, these signal improvements include but are not limited to constructing a new fully actuated traffic signal, including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of Gateway Road and Finnila Place. Interconnect conduit and cable shall also be installed to connect this traffic signal to the traffic signal at the intersection of Gateway Road and El Fuerte Street, all to the satisfaction of the City Engineer. Developer shall install the traffic signal only with written authorization from the city engineer. Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed Within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. The developer shall pay a fair share contribution of 35% of the total design and construction cost for a future traffic signal at the intersection of Innovation Way and Gateway Road in accordance with the "Methodology for Calculating Equitable Mitigation Measures" per Appendix B of the December 2002 Caltrans Guide for the Preparation of Traffic Impact Studies. An estimated cost to design and construct the signal shall be provided by the developer subject to the approval of the city engineer. On applicable residential townhomes that abut general utility and access easements or public water easements, the developer shall install deepened building footings and/or employ other acceptable permanent shoring methods to assure adequate access to public utilities is provided via future trenching, all subject to the approval of the city engineer. Developer shall cause owner to abandon the relinquishment of access rights, recorded per either map No. 14600 or 14960, at the proposed project driveway entrances on El Fuerte Street and Gateway Road. Developer shall abandon the existing water easement recorded per deed dated October 23, 1961 as file number 183352. PC RESO NO. 7176 -21-Item #11 January 24, 2017 Page 69 of 189 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 73. Developer shall design, and obtain approval from the city engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the city engineer. Non-Mapping Notes 74. Add the following notes to the final map as non-mapping data: A. Developer has executed a city standard subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on the tentative map. These improvements include, but are not limited to: 1. Install on-site public sewer and public potable water system. 2. Add raised medians and reconfigure street striping on Gateway Road . 3. Add pedestrian ramps at driveway and street intersections. 4. Add raised median on El Fuerte Street extending from Palomar Airport Roa~ to Gateway Road and construct a deceleration lane with new pavement, striping, curb, gutter and sidewalk north of the new driveway on El Fuerte Street. 5. Install Chicanes on Gateway Road between Innovation Way and Alicante Road and between Innovation Way and Village Green Drive. B. Developer has executed a city standard Subd ivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public signal improvements shown on the tentative map. These signal improvements include but are not limited to constructing a new fully actuated traffic signal including all appurtenances and t raffic signal interconnect conduit and cable, at the intersection of Gateway Road and Finnila Place. Interconnect conduit and cable shall also be installed to connect this traffic signal to the traffic signal at the intersection of Gateway Road and El Fuerte Street, all to the satisfaction of the City Engineer. C. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. D. Geotechnical Caution: The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. E. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. F. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the PC RESO NO. 7176 -22-Item #11 January 24, 2017 Page 70 of 189 1 design, construction or maintenance of the drainage system or other improvements 2 identified in the city approved development plans. 3 Utilities 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 75. 76. 77. 78. 79. 80. 81. Developer shall design and agree to construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion of the district or city engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. The developer shall agree to design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the district engineer. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. The developer shall design and agree to construct public water, sewer, and recycled water facilities substantially as shown on the tentative map to the satisfaction of the district engineer and city engineer. Prior to using one potable water meter to serve a multi-ownership building, developer shall apply for and receive approval from the utilities director. Upon application for and good cause shown, the utilities director may allow a single potable water service connection and meter to a multi- ownership building within this subdivision provided: A. Developer shall record a deed restriction or other such document as approved by the public works director and general counsel placing future owners on notice that each and every residential or commercial/office unit is served by a single service connection and meter, and in the event that the water bill is not paid by the party or entity responsible for paying the monthly water service charges to CMWD for the respective building occupied by the multi-ownership, CMWD may at its direction shut off the water service to such multi-ownership building in accordance with CMWD adopted rules and regulations. B. Developer shall install a private sub-meter for each separately established residence or business within a multi-ownership building having a single potable water service connection and meter. If denied, developer shall revise all design drawings to provide separate potable water meters for each separately owned unit within this subdivision per district requirements. The developer shall submit a detailed sewer study, prepared by a registered engineer, that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the main lines, and the capacity of the existing infrastructure. Said study shall be submitted PC RESO NO. 7176 -23-Item #11 January 24, 2017 Page 71 of 189 1 2 3 4 5 82. concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the district engineer. The developer shall submit a detailed potable water study, prepared ~ya registered engineer that identifies the peak demands of the project (including fire flow demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the district engineer. 6 Code Reminders 7 The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 17 as required by Carlsbad Municipal Code Section 21.90.050. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04 .320. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs. Signs and sign locations shown on the approved plans are specifically not permitted as part of the approvals herein. A Sign Program shall be submitted for review and approval by the City Planner prior to the installation of any signs. This vesting tentative map shall expire two years from the date on which the planning commission or city council, whichever is the final decision maker, voted to approve this application. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to the satisfaction of the city engineer. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the vesting tentative map are for planning purposes only. PC RESO NO. 7176 -24-Item #11 January 24, 2017 Page 72 of 189 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 7176 -25-Item #11 January 24, 2017 Page 73 of 189 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 December 7, 2016, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN : Chairperson Anderson, Commissioners Black, Goyarts, Segall and Siekmann Commissioners L'Heureux and Montgomery YELYN ANDERSON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: ~.,t DON NEU City Planner PC RESO NO. 7176 -26- I !. i I I Item #11 January 24, 2017 Page 74 of 189 Exhibit 5 The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. 8 P.C. AGENDA OF: December 7, 2016 Application complete date: December 7, 2016 Project Planner: Van Lynch SUBJECT: Project Engineer: David Rick EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14-09/CUP 16-01 -UPTOWN BRESSI -Request for the certification of an Environmental Impact Report, including the approval of Candidate Findings of Fact and a Mitigation Monitoring and Reporting Program and a recommendation of approval of a General Plan Amendment from Planned Industrial to Local Shopping Center and R-23 Residential, Local Facilities Management Plan Amendment, Master Plan Amendment, Vesting Tentative Tract Map, Planned Development Permit, two Site Development Plans ahd two Conditional Use Permits for the development of a 17.71 acre site within the Bressi Ranch Master Plan with a 91,164 square foot shopping center, and a 125 unit multi- family condominium project, all located at the southwest corner of Palomar Airport Road and El Fuerte Street, north of Gateway Road, and east of Colt Place and located within the southeast quadrant of the City within Local Facilities Management Zone 17. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7174 RECOMMENDING that the City Council CERTIFY the Environmental Impact Report EIR 15-01, including the approval of Candidate Findings of Fact and a Mitigation Monitoring and Reporting Program, ADOPT Planning Commission Resolution No. 7175 RECOMMENDING APPROVAL of General Plan Amendment 14-04, Local Facilities Management Plan Amendment 87-17(A}, and Master Plan Amendment 178(1) and ADOPT Planning Commission Resolution Number 7176 RECOMMENDING APPROVAL of Carlsbad Tract Map 14-09, Planned Development Permit 14-10, Site Development Plans 14-13 and 16-06, and Conditional Use Permits 14-09 and 16-01 based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND Shea Properties has submitted an application for the development of a local shopping center and multi- family subdivision on 17.71 acres of land generally located at the southwest corner of Palomar Airport Road and El Fuerte Street within the Bressi Ranch Master Plan. The existing Planned Industrial General Plan Land Use designation is proposed to change to Local Commercial and R-23 Residential to accommodate a mixed-use project. An environmental impact report has been prepared which analyzes the potential impacts to the environment which may be caused by the development of the site. The environmental analysis identified that there are no significant unmitigable environmental impacts. The project site is divided into two separate yet interconnected development areas. The eastern 9.97- acre commercial portion of the site would be developed with approximately 91,164 square feet of commercial use development. The proposed commercial square footage consists of a 28,000-square-foot food market, 16,454 square foot pharmacy/drive-thru, 11,650 square foot major tenant, and 35,060 square feet of smaller retail uses. Outdoor plazas and dining areas (9,160 sq. ft.) are dispersed around the multi-tenant shop areas. Architecturally, the buildings are designed to complement the existing Bressi Ranch commercial project adjacent to the south. () Item #11 January 24, 2017 Page 75 of 189 EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14- 09/CUP 16-01-UPTOWN BRESSI December 7, 2016 Pa e 2 The western 7.67-acre portion of the site would be developed with a maximum of 103 townhome units and 22 residential stacked flats (total of 125 units). The proposed residential density is 16 dwelling units per acre. There are 21 res idential buildings with 4 to 6 three-story town home units per building and two buildings ofthree story stacked flats with 11 units each. The town homes will have a ground floor two-car garage and living space with two floors of living space above. Unit sizes range from 1,665 sq . ft. to 2,068 sq . ft. (all 3 bd. rm./3 ba.). The stacked flats will have either a single-or two-car garage on the ground floor. One res idential unit is provided on the ground floor with the remaining 10 dwelling units being on the second and third floors. Unit sizes range from 735 sq. ft. (1 bd.rm .) to 1,340 sq. ft. (3 bd.rm.). The architecture of the residential portion of the project is a Contemporary Craftsman style incorporating brick, plaster, lap and board and batt wood siding. The materials and forms create a residential component that is complementary as well as an appropriate companion to the existing architecture. The buildings have a variety of roof pitches. The predominant roof pitch is 3.5:12. The maximum building height for buildings with a minimum 3:12 roof pitch is 40 feet. A bulk of the town home building heights are 36 feet to 38 feet and the stacked flats are 39 feet, 8 inches. Buildings roofs with a roof pitch flatter than 3:12 have a maximum building height of 35 feet. The buildings have flat roof architectural elements up to 39 feet 8 inches on the town homes and 41, feet on the stacked flats, which is in excess of the 35- foot height limit. However, these protrusions are allowed per Section of 21.46.020 of the Carlsbad Municipal Code, as the architectural features will not provide additional floor space and, in some cases, are for the housing of elevators, stairways and other building maintenance features. Three common active. and passive recreational areas are provided within the residential area. The southern recreation area includes a tot-lot, artificial turf area and a BBQ area with seating. The two northern areas include a pool, pool deck with seating, gas fire pit, table tennis, putting green, bocce ball court, shuffleboard courts and BBQ area with seating. Access to the proposed project site is proposed via El Fuerte Street, Gateway Road, and Colt Place. The commercial portion ofthe project would be accessed via a new entry point along El Fuerte Street. A new southbound deceleration lane would be constructed, and a right turn in, right turn out access would be created. A new signalized access would be created along Gateway Road at the existing intersection with Finnila Place. The main and direct access to the residential portion of the project site would be provided off of Colt Place. Three vehicular drives and sidewalks provide interconnectivity between the residential and commercial areas. Off-site improvements include a new signalized intersection at Gateway Road and Finnila Place, a raised median in El Fuerte Street, and two chicanes on Gateway Road. A chicane is a series of two or more staggered curb extensions on alternating sides of the roadway, which causes motorists to reduce speed. As a traffic calming measure, concurrent with development of the project, chicanes will be installed on Gateway Road between Innovation Way and Alicante Road, as well as on Gateway Road between Innovation Way and Village Green Drive. The site was previously entitled with a Planned Industrial Permit (PIP 05-23) for a 300,000 square foot multi-building office/industrial development. Table 1 below includes t he General Plan designations, zoning and current land uses of the project site and surrounding properties. Item #11 January 24, 2017 Page 76 of 189 EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87 -17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14- 09/CUP 16-01-UPTOWN BRESSI December 7, 2016 Pa e 3 TABLE 1-GENERAL PLAN AND ZONING Location General Plan Designation Zoning Current Land Use Site Planned Industrial (Pl) Planned Community Vacant (P-C) North Pl P-M Industrial South Local Commercial (L)/R-23 P-C Commercial/Multi-family Residential Residential East Pl P-C Industrial West Pl P-C Industrial/Vacant Table 2 below includes the project site's gross and net acreage, the number of dwelling units allowed by the General Plan's Growth Management Control Point (GMCP) density and the proposed projects number of dwelling units and density. TABLE 2-PROJECT DENSITY Gross Acres Net Acres DUs Allowed at GMCP DUs Proposed and Density of 19 du/ac Project Density (R-23) 7.67 7.67 146 125 (16 du/ac) The project will require the following discretionary actions: • Certification of an Environmental Impact Report (EIR 11-02) The project EIR constitutes all environmental review required for the approval of the Master Plan Amendment and all related discretionary applications. • General Plan Amendment (GPA 14-04) An amendment to the Land Use Element is required for the change in land use from Planned Industrial (Pl) to Local Commercial (L) and Residential 23 (R-23). • Master Plan Amendment (MP 178(1)) A master plan amendment is required to change the permitted uses from industrial to residential and commercial to establish the new Planning Area 16 with development standards (underlying zoning). • Local Facilities Management Plan Amendment Zone 17 (LFMP 87-17(A)) A LFMP amendment has been prepared which identifies infrastructure needs and describes how the needed facilities will either be constructed or guaranteed as a result of the land use changes. • Vesting Tentative Tract Map (CT 14-09) A Vesting Tentative Tract Map has been filed concurrently for the creation of a residential condominium lot (with 125 units) and three commercial lots. • Planned Development Permit (PUD 14-10) A Planned Development Permit for the airspace subdivision of the residential development. Item #11 January 24, 2017 Page 77 of 189 EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14- 09/CUP 16-01-UPTOWN BRESSI December 7, 2016 Pa e4 • Site Development Plan (SDP 14-13) A Site Development Plan permit for the Affordable Housing review. • Site Development Plan (SDP 16-06) A Site Development Plan for the review of the commercial development. • Conditional Use Permit (CUP 14-09) A Conditional Review Permit for the proposed pharmacy drive thru facility. • Conditional Use Permit (CUP 16-01) A Conditional Use Permit for a proposed liquor store (i.e. BevMo!/Total Wine). The Table 3 below summarizes the proposed permits and final decision making authority. TABLE 3 -PROPOSED PERMITS PROJECT APPLICATION{S) ADMINISTRATIVE APPROVALS PLANNING COMMISSION CITY COUNCIL Environmental Review RA X (Environmental Impact Report 15-01) GPA 14-04 RA X MP 178(1) RA X LFMP 87-17(A) RA X CT 14-09 RA X PUD 14-10 RA X SDP 14-13 and SDP 16-06 RA X CUP 14-09 and CUP 16-01 RA X RA= Recommended Approval X = Final City decision -making authority Ill. 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 and Community Design (Residential 23 and L Land Use Designations), Mobility, Noise and Housing Elements; B. Bressi Ranch Master Plan/Planned Community Zone Planned Community (P-C} Zone, Chapter 21.38 of the Municipal Code; C. Growth Management, Chapter 21.90 of the Municipal Code -Local Facilities Management Plan Zone 17; D. City Council Policy 43 compliance; E. Subdivision Ordinance, Title 20 of the Municipal Code; F. Planned Development and non-Residential Planned Development Ordinance, Chapter 21.45 and 21.47 of the Municipal Code; G. Site Development Plans, Chapter 21.53(Affordable Housing) and 21 .31 (CL Zone) of the Municipal Code; H. Conditional Use Permits, Chapter 21.42 of the Municipal Code; and I. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). Item #11 January 24, 2017 Page 78 of 189 EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16.-06/CUP 14- 09/CUP 16-01-UPTOWN BRESSI December 7, 2016 Pa e 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 ofthe above regulations is discussed in detail in the sections below. A. General Plan The General Plan Amendment (GPA) will modify and reconfigure the land use designations of the property. The existing Planned Industrial (Pl) designation will be removed and replaced by a new Residential 23 (R-23) and Local Shopping Center (L) land use designations. The R-23 designation will be placed on 7.67 acres on the west side of the property and L designation on the 9.97 acres located on the east side of the property. This project is in conformance with the Master Plan, as revised, and, therefore, is also in compliance with the General Plan. The project complies with Elements of the General Plan as outlined in Table 4 below. Item #11 January 24, 2017 Page 79 of 189 EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14- 09/CUP 16-01-UPTOWN BRESSI December 7, 2016 Pa e 6 TABLE 4 -GENERAL PLAN COMPLIANCE land Use and Community Design Element Goal, Policy Land Use Goal 2-G .1: Maintain a land use program with amount, design and arrangement of varied uses that serve to protect and enhance the character and image of the city as expressed in the Carlsbad Community Vision, and balance development with preservation and enhancement or open space. Land Use Goal 2-G.2: Promote a diversity of compatible land uses throughout the city, to enable people to live close to job locations, adequate and convenient commercial services, and public support systems such as transit, parks, schools, and utilities. Land Use Goal 2-G.3: Promote infill development that makes efficient use of limited land supply, while ensuring compatibility and integration with existing uses. Ensure that infill properties develop with uses and development intensities supporting a cohesive development pattern. Land Use Goal 2-G.4: Provide balanced neighborhoods with a variety of housing types and density ranges to meet the diverse demographic, economic and social needs of Project Consistency The proposed project provides land uses that would provide additional housing opportunities within the City and, more specifically, the Bressi Ranch Master Plan area. The proposed project is representative of an infill development project that would support continued open space preservation and would be supported by existing community facilities within the Master Plan development. The project would integrate the proposed uses with the existing Master Planned community thereby encouraging social interaction through the provision of supporting recreational and open space needs of project residents and connection to the existing pedestrian circulation system. Residential development will include up to 125 units (100 market rate units and 25 affordable units) in a variety of product types that will appeal to a wide cross-section of home buyers. Residential products would include flats and town homes. In addition, a majority of the units proposed will meet the higher density criteria to qualify (per State Guidelines) as affordable to low and moderate income buyers. Such a diverse mix of housing options will enhance the energetic character of the community. The project site is representative of a classic infill site, surrounded by existing development on all sides, and is not located within a proposed preserve area identified in the City's HMP. Project design recognizes the need for vehicular traffic, but the emphasis has been placed on access to alternative forms of transportation to the degree possible. Public transit access is integral to the residents, while ensuring a cohesive urban form community. with careful regard for compatibility. Item #11 January 24, 2017 Page 80 of 189 EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14- 09/CUP 16-01-UPTOWN BRESSI December 7, 2016 Pa e 7 Land Use Goal 2-G.6: Allow a range of mixed-A regional and local serving bus transit service line use centers in strategic locations that maximize (Route 445) along Palomar Airport Road will provide access to commercial services from transit and connectivity between the project site and employment residential areas. and community facilities outside the project site. An Land Use Goal 2-G.7: Ensure that existing transit stop is located on Palomar Airport neighborhood serving shopping and mixed-use Road, approximately 150 feet east of El Fuerte Street. centers include shopping as a pedestrian-Regional pedestrian and biking trails on internal oriented focus for the surrounding roadways provide access to adjacent neighborhoods neighborhood, are physically integrated with and villages, and the off-site open space preserves. the surroundings, and contain neighborhood-Pedestrian access would be provided to the proposed serving stores and small offices. Where shopping center and the existing Bressi Ranch Village appropriate, include in the centers high and Center shopping center to the south. medium density housing surrounding the retail core or integrated in mixed-use buildings. That any proposed commercial development can be Land Use Goal 2-G.8: Provide opportunities for justified economically at the location proposed and continued economic growth and vitality that will provide adequate commercial facilities of the enhance Carlsbad's position as a premier types needed at such location proposed, in that an regional employment center. extensive commercial study was prepared and the Uptown Bressi site was identified as a desirable Land Use Goal 2-G.19: Ensure that new location for commercial services to satisfy the needs of neighborhood commercial centers are designed the greater Carlsbad residents. There is sufficient for pedestrian comfort, and integrate with the desire for additional resta urants and food options surrounding neighborhoods with new streets based on Sales Tax Capture and Gap Analysis reports and paths. for the City of Carlsbad in these commercial Land Use Policy 2-P.17: Application for re-categories. The retail vacancy rate city wide remains designation of land to commercial land uses very low (3%) which supports greater demand for shall be accompanied by a conceptual retail space and indicates a need for options in the development plan and market study that primary and secondary market areas. demonstrates the economic viability and impacts on the viability of commercial uses within shared trade areas. Item #11 January 24, 2017 Page 81 of 189 EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14- 09/CUP 16-01-UPTOWN BRESSI December 7, 2016 Pa e 8 2013-2021 Housing Element Goa/1 Policy Project Consistency Policy 10-P.10: Ensure the availability of Per CMC Section 21.85.030, a project is required to sufficient developable acreage in all residential provide 15 percent of the total units as affordable densities to accommodate varied housing types units. City Council Policy 43 notes that if a project is to meet Carlsbad's 2010-2020 Regional Housing allocated units from the Excess Dwelling Unit Bank, the Needs Assessment (RHNA), as discussed in allocation is considered an incentive and the city could, Section 10.3 (Resources Available). therefore, request that 20 percent of the units be Policy 10-P.15: Pursuant to the lnclusionary qualified as affordable units. Similarly, in September Housing Ordinance, require affordability for 2015, the City Council approved Planning Commission lower income households of a minimum 15 Resolution No. 7114, which required projects as part percent of all residential ownership and of the General Plan Update requesting units from the qualifying rental projects. For projects that are Excess Dwelling Unit Bank, to provide a minimum of 20 required to include 10 or more units affordable percent of the total housing units on the site as to lower income households, at least 10 affordable to lower income households. Given that no percent of the lower income units should have residential units were previously proposed for the three or more bedrooms (lower income senior project site, all 125 residential units will be allocated housing projects exempt). from the Excess Dwelling Unit Bank. Therefore, the Policy 10-P.19: Address the unmet housing project is required to provide 20 percent of the total needs of the community through new units (25 units) as affordable units. development and housing that is set aside for The proposed project would provide a divers ity of lower and moderate income households consistent with priorities set by the Housing housing. The affordable housing component proposes and Neighborhood Services Division, in 25 units that will provide for-sale housing collaboration with the Planning Division, as set opportunities for low-income households. forth in the city's Consolidated Plan. The project will develop an infill site that is currently designated for planned industrial uses. The project would introduce new land uses to replace the existing planned industrial use with residential and commercial uses, and implements and establishes consist ency with the requirements and policies of the Housing Element. The project would expand the City's affordable housing stock to assist the City in meeting its Regional Housing Needs Assessment. The city currently has a jobs/housing ratio where there are more jobs than housing. Providing more housing would reduce impacts on surrounding communities and would reduce commut es. Item #11 January 24, 2017 Page 82 of 189 EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14- 09/CUP 16-01-UPTOWN BRESSI December 7, 2016 Pa e 9 Mobility Element Goal, Policy Project Consistency Goal 3-G.l: Keep Carlsbad moving with livable The circulation system for the proposed project would streets that provide a safe, balanced, cost-connect to the existing circulation system developed in effective, multi-modal transportation system conjunction with the Master Plan development. The (vehicles, pedestrians, bikes, transit), main commercial entry to the project site is from accommodating the mobility needs of all Gateway Road, north of Finnila Place, which accesses community members, including children, the the Bressi Ranch Village Center shopping center. At elderly and the disabled. this point, a new access road will be extended north from Gateway Road to access the commercial shopping center proposed in the eastern half of the project site. Main access to the residential uses on the western half of the project site would occur via a new access road from Colt Place. This access road would connect to multiple internal roadways within the residentia I portion of the project as wel I as the commercial portion of the project site. Item #11 January 24, 2017 Page 83 of 189 EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14- 09/CUP 16-01-UPTOWN BRESSI December 7, 2016 Pa e 10 Goal 3-G.3: Provide inviting streetscapes that The project's roadways are designed with parkways encourage walking and promote livable streets. and bike lanes, and to minimum drive widths to calm traffic and to reduce the amount of paved surface within the project site. Traffic calming measures have been incorporated into the project design as an important part of the provision of "Complete Streets", or livability as promoted within the Bressi Ranch Master Plan area. These measures contribute to allowing the roadway to operate with all users in mind, including motorists, bicyclists, public transportation vehicles and pedestrians. The traffic calming measures, which are intended to slow traffic, discourage cut-thru trips and provide for a safer pedestrian and bicycle oriented community, include the provision of entry medians, rou'ndabouts/traffic circles, well-identified mid-block pedestrian crossings and roadway neckdowns (chicanes). Bike lanes will be included on all public streets within the project. Bicycle racks or storage would be located in the commercial shopping center. Five-foot wide sidewalks will be provided to facilitate pedestrian access to other uses within and adjacent to the project site. Transportation alternatives will be available to those living in and visiting the project. The project contains easy and convenient connection to the regional bus system and the planning area via the existing transit stop on Palomar Airport Road just east of El Fuerte Street. The North County Transit District (NCTD) bus route #445 will provide service to the project and the above referenced bus stop on Palomar Airport Road. This bus stop features a bus turnout, street furniture, including benches, shelters and transit information. Item #11 January 24, 2017 Page 84 of 189 EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14- 09/CUP 16-01-UPTOWN BRESSI December 7, 2016 Pa e 11 Noise Element Goal, Policy Project Consistency Goal 5-G.l: Protect public health and welfare The primary noise source associated with the by eliminating existing noise problems where proposed project will be from traffic along Palomar feasible, maintaining an acceptable indoor and Airport Road and from noise generated by the outdoor acoustic environment, and preventing proposed commercial uses. The project will require significant degradation of the acoustic the installation of a six-foot high noise wall at one environment. location along the northern perimeter of the project Goal 5-G.2: Ensure that new development is site to mitigate noise from Palomar Airport Road to an compatible with the noise environment, by acceptable noise level. The project will not create a continuing to use potential noise exposure as a noise impact to off-site uses. criterion in land use planning. Goal 5-G.3: Guide the location and design of Landscaping is currently installed along Palomar transportation facilities, industrial uses and Airport Road. The proposed six-foot high noise wall other potential noise generators to minimize would be screened by the existing landscaping along the effects of noise on adjacent land uses. Palomar Airport Road. Policy 5-P.6: Discourage the use of berms and sound walls for noise mitigation; rather, encourage the use of project design techniques such as increasing the distance between the noise source and the noise sensitive receiver and use non-noise sensitive structures (e.g., a garage) to shield noise sensitive areas. If a berm or wall is determined necessary to mitigate noise, discourage exclusive use of walls in excess of six feet in height and encourage use of natural barriers such as site topography or constructed earthen berms. When walls are determined to be the only feasible solution to noise mitigation, then the walls shall be designed to limit aesthetic impacts. When walls over six feet in height are necessary to mitigate noise, a berm/wall combination with heavy landscaping, a terraced wall heavily landscaped, or other similar innovative wall design technique shall be used to minimize visual impacts. Item #11 January 24, 2017 Page 85 of 189 EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14- 09/CUP 16-01-UPTOWN BRESSI December 7, 2016 Pa e 12 Policy 5-P.16: Require new nonresidential The project site is located within Airport Overflight development to comply with the noise Notification Area (Review Area l) of the AJA for compatibility criteria in the ALUCP . Require Palomar Airport. Residential properties located in an dedication of avigation easements for new overflight notification area may be subject to some of developments designated as conditionally the annoyances or inconveniences associated with compatible for noise in the ALUCP, and which their proximity to airport operations. The ALUCP are located within the 65 dB CNEL noise requires that all new residential projects located contour as mapped on Figure 5-4: Airport within the overflight notification area be required to Noise Compatibility Policy Map. record a notice informing of the potential environmental impacts related to the aircraft, and the property is subject to overflight, sight and sound of aircraft operating from the McClellan-Palomar Airport. Implementation of Mitigation Measure LU-1 would maintain compatibility with the ALUCP and ensure that impacts associated with intermittent airport overflights remain less than significant. Public Safety Element Goal, Policy Project Consistency Goal 6-G.l: Minimize injury, loss of life, and The City has adopted the City of Carlsbad Emergency damage to property resulting from fire, flood, Plan, which addresses the City's planned response to hazardous material release, or seismic extraordinary emergency situations. The City's plan disasters. identifies certain open space areas and public buildings to serve as emergency shelters when residents must be relocated. Goal 6-G.2: Minimize safety hazards related to The proposed project is in compliance with the ALUCP aircraft operations in areas around the airspace protection surfaces because a determination McClellan-Palomar Airport. of no hazard to air navigation has been issued by the FAA. Goal 6-G.4: Maintain safety services that are The project site is not located within a 100-year flood responsive to citizens' needs to ensure a safe plain. and secure environment for people and property in the community. The proposed project does not involve the routine use and storage of hazardous materials and hazardous waste. The project will not result in a significant hazard to the public or environment. The project site currently consists of primarily vacant, undeveloped land with non-native vegetation. According to maps produced by the State, the project site has little to no threat from wildfires. Open Space, Conservation and Recreation Element Goal, Policy Project Consistency Goal 4-G.1: Develop a balanced and integrated The project site is situated within the Bressi Ranch open space system reflecting a variety of Master Plan area, which includes a plan for open considerations -resource conservation, space. As adopted, the Master Plan provides for production of resources, recreation, and approximately 191 acres of natural and improved open Item #11 January 24, 2017 Page 86 of 189 EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A}/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14- 09/CUP 16-01-UPTOWN BRESSI December 7, 2016 Pa e 13 aesthetic and community identity-and space. None of these open space areas overlap with ensuring synergies between various open space the project site, which is currently proposed for components and compatibility with land use planned industrial development. In accordance with planning. the adopted HMP, the project would not alter the existing preservation strategy for the Bressi Ranch Master Plan, which already permanently preserves and protects a majority of the sensitive habitats in the Master Plan development. Goal 4-G.3: Protect environmentally sensitive These designated open space areas would be lands, wildlife habitats, and rare, threatened or unaffected by the proposed project and associated endangered plant and an imal communities. Master Plan amendment. In addition to the open space opportunities provided off-site, the project's residential component would provide three on-site neighborhood recreation areas on approximately 0.66 acres spread throughout the site. As required by the Planned Development Ordinance, Chapter 21.45 of the Carlsbad Municipal Code, active and passive recreational opportunities are required in the form of pocket parks and/or common recreation areas located in the residential planning areas. Common recreation facilities for the residential component of the project will include the required active and passive recreational areas. Goal 4-G.13: Protect air quality within the city The project implements and is consistent with and support efforts for enhanced regional air measures identified in the CAP thought the provision quality. of renewable energy generation (photo-voltaic systems), energy conservation (Green Building Code), Transportation Demand Management, and by accommodating Zero-Emission vehicles and other greenhouse gas reduction measures and features. Policy 4-P.1: Maintain an integrated open The proposed project would provide its own common space classification system that accommodates and private amenities, including private patios and conservation, resource production, recreation, decks, a resort-style pool and spa, outdoor kitchen and and aesthetic needs. social space, children's play area, bocce ball court, dedicated green space, and bicycle (or surfboard) storage. Per Section 21.45.060 of the CMC, 18,750 sf of common recreation space (150 sf per unit) is required, of which 75 percent (14,063 sf) is required to be active recreational space. A total of 28,685 square feet of common recreational space is provided, and 14,073 sf is dedicated to active recreation, including the pool/spa area, tot lot, shuffleboard and bocce ball courts. Policy 4-P.28: Require, where possible, The Bressi Ranch Master Plan provides individual open developers of master planned communities to space within individual neighborhoods to serve the provide pocket parks and active recreational residents. The Village Green is a common open space facilities unique to each development. Item #11 January 24, 2017 Page 87 of 189 EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14- 09/CUP 16-01-UPTOWN BRESSI December 7, 2016 Pa e 14 Maintenance of pocket parks shall be area within Open Space Area 2 and serves the entire accomplished through homeowners' community. association dues. Pocket parks shall remain in private ownership. Sustainability Element Goal, Policy Project Consistency Policy 9-P.1: Enforce the Climate Action Plan The project implements and is consistent with (CAP) as the city's strategy to reduce measures identified in the CAP through the provision greenhouse gas emissions. of renewable energy generation (photo-voltaic systems), energy conservation (Green Building Code), Transportation Demand Management, and by accommodating Zero~Emission vehicles and other greenhouse gas reduction measures and features. Item #11 January 24, 2017 Page 88 of 189 EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14- 09/CUP 16-01 -UPTOWN BRESSI December 7, 2016 Pa e 15 B. Master Plan/Planned Community Zone Planned Community (P-C) Zone The intent and purpose of creating a master plan is to encourage the orderly implementation of the General Plan by the comprehensive planning and development of large tracts of land. A master plan provides a flexible regulatory procedure to encourage the creative and imaginative planning of coordinated communities involving a mixture of residential densities and housing types, open space, community facilities and, where appropriate, commercial and industrial areas . All master plans are required to reserve a site (or sites) for community facility uses which benefit the community as a whole by satisfying social/religious/human service needs. The Master Plan will provide a framework to allow for the coordination of planning efforts between the developer and the City to provide for the orderly development of all necessary public facilities to ensure t heir availability concurrent with need. The proposed project would involve amending the Planned Industrial land use designation of Planning Area 4 to allow a mixed-use development consisting of high density for-sale residential units and commercial/retail uses. While the previously contemplated Planned Industrial square footage would be reduced within Bressi Ranch by approximately 300,000 sf, the previously approved 623 dwelling units under t he Master Plan would be increased by 125 units to 748 dwelling units, along with an increase of approximately 91,164 sf in commercial use. As part of the Master Plan Amendment (MP 178 (I)), the applicant proposes that the project site be removed from PA 4 and be placed into a new planning area, Planning Area 16. PA 4 allows for the development of office, research & development, light manufacturing and warehouse uses. The purpose of Planning Area 16 is to allow for the creation of a unique mixed-use neighborhood t hat will provide additional residential units and expand the commercial and restaurant uses available that are within walking distance to Bressi Ranch residents . Table 5 below outlines the consistency of the project with the goals of the Master Plan. Item #11 January 24, 2017 Page 89 of 189 EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14- 09/CUP 16-01-UPTOWN BRESSI December 7, 2016 Pa e 16 TABLE 5 -BRESSI RANCH MASTER PLAN CONSISTENCY DETERMINATION SUMMARY Master Plan Goal Consistency Determination 1. All planning should be in the The proposed project provides land uses that would provide form of complete and additional housing opportunities within the City and Bressi integrated communities Ranch Master Plan area and takes advantage of existing containing housing, shops, work community facilities constructed as part of the Master Plan places, schools, parks, and civic development. Residential development will include facilities essential to the daily approximately 100 market rate units and 25 affordable housing life of the residents. units that will appeal to low and moderate income home buyers. For purposes ofthe Housing Element and other state housing programs, the California Department of Housing and Community Development has established five income categories based on Area Median Income (AMI) ofa Metropolitan Statistical Area. The AMI, which is different from estimated median household incomes, is applicable to all jurisdictions in San Diego County and changes in the cost of living. As identified in the City's 2013-2021 Housing Element, the AMI for San Diego County is $75,900. According to the California Department of Housing and Community Development, low income is defined as a household whose income does not exceed 80 percent of area median income of San Diego County. Moderate income is defined as a household whose income does not exceed 120 percent of the area median income of San Diego County. These residences would be integrated and situated closely to existing (and proposed) retail, recreational, and community facilities. 2. Community size should be The project provides moderate and low-income housing designated so that housing, opportunities along with numerous employment opportunities jobs, daily needs and other Within less than a quarter mile of the project site. activities are within easy walking distance of each other. 3. As many activities as possible The project would be constructed in close proximity to existing should be located within easy retail and commercial development, thereby encouraging non- walking distance of transit motorized forms of transportation. A transit stop is located 150 stops. feet from the northeast corner of the project site, thereby enabling for connectivity to transit. 4. A community should contain a The Bressi Ranch Master Plan area currently contains low to diversity of housing types to medium density single-family residences, medium density enable citizens from a wide single-family or attached multi-family residences and medium range of economic levels and high small lot single-family or attached multi-family residences. age groups to live within its The proposed project would introduce housing product types boundaries. that are not currently offered in the Master Plan area. The proposed project would provide high density, attached multi- family residences in the form of stacked flats and town homes. 5. Businesses within the The project's retail/commercial component would provide a community should provide a variety of building sizes that would attract a diversity of tenants. Item #11 January 24, 2017 Page 90 of 189 EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17{A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14- 09/CUP 16-01-UPTOWN BRESSI December 7, 2016 Pa e 17 Master Plan Goal Consistency Determination range of job types for the community1s residents. 6. The location and character of The project would enhance the character of the existing Master the community should be Plan area by replacing planned industrial development with a consistent with a larger transit mix of commercial and residential uses near the northern network. entrance. The proposed project would complement the already 7. The community should have a successful Bressi Ranch Village Center located on the south side center focus that combines of Gateway Road. The proposed project would expand the commercial, civic, cultural, and commercial and restaurant uses available within walking recreational uses. distance to Bressi Ranch residents. Finnila Place would be extended through the middle of the retail/general commercial site to create a main street, and buildings would be located along both sides ofthis road. To encourage pedestrian activity and create gathering places wherever possible, plazas have been located throughout the retail/general commercial center. 8. The community should contain The project site would be contained within the Bressi Ranch an ample supply of specialized Master Plan development which contains multiple recreational open space in the form of land uses including open space areas, recreation facilities, squares, greens and parks pocket parks, and a pedestrian circulation system to serve the whose frequent use is proposed residential component of the project. encouraged through placement and design. The proposed project would provide its own common and private amenities, including private patios and decks, a resort- style pool and spa, outdoor kitchen and social space, children's play area, bocce ball court, dedicated green space, and bicycle (or surfboard) storage. Per Section 21.45.060 of the CMC, 18,750 sf of common recreation space (150 sf per unit) is required, of which 75 percent {14,063 sf) is required to be active recreational space. A total of 28,685 square feet of common recreational space is provided, and 14,073 sf is dedicated to active recreation, including the pool/spa area, tot lot, shuffleboard and bocce ball courts. 9. Public spaces should be Both the retail/commercial and residential land use will include designed to encourage the common areas to provide a sense of place within each portion attention and presence of of the development. people. 10. Each community or cluster of The project site is representative of a classic infill site with communities should have a defined edges on all sides of the development. well-defined edge, such as agricultural greenbelts or wildlife corridors, permanently protected from development. Item #11 January 24, 2017 Page 91 of 189 EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14- 09/CUP 16-01-UPTOWN BRESSI December 7, 2016 Pa e 18 Master Plan Goal Consistency Determination 11. Streets, pedestrian paths and The project would integrate with the existing non-motorized bike paths should contribute to transportation network within the Bressi Ranch Master Plan a system of fully connected and Development. interesting routes to all destinations. Their design The project's roadways are designed with parkways and bike should encourage pedestrian lanes, and to minimum drive widths to calm traffic and to and bicycle use by being small reduce the amount of paved surface within the project site. and spatially defined by Traffic calming measures have been incorporated into the buildings, trees, and lighting; project design as an important part of the provision of and by discouraging high speed "Complete Streets", or livability as promoted within the Bressi traffic. Ranch Master Plan area. These measures contribute to allowing the roadway to operate with all users in mind, including motorists, bicyclists, public transportation vehicles and pedestrians. The traffic calming measures, which are intended to slow traffic, discourage cut-thru trips and provide for a safer pedestrian and bicycle oriented community, include the provision of entry medians, roundabouts/traffic circles, well- identified mid-block pedestrian crossings and roadway neckdowns (chicanes). Bike lanes will be included on all public streets within the project. Bicycle racks or storage would be located in the commercial shopping center. Five-foot wide sidewalks will be provided to facilitate pedestrian access to other uses within and adjacent to the project site. 12. Wherever possible, the natural As discussed in Section 7 .0 of the EIR, the project site has been terrain, drainage and vegetation mass-graded associated with the previously-approved Pl uses of the communities should be for the site and does not contain any natural vegetation or preserved with superior sensitive biological habitats; riparian, aquatic or wetland examples contained within habitat; or federally protected wetlands. No sensitive biological parks or greenbelts. resources are located on the project site that would otherwise be impacted by the proposed project. 13. The community design should The proposed project will comply with CALGREEN, which requires help to conserve resources and every new building constructed in California to reduce indoor minimize waste. water use by 20 percent, divert 50 percent of construction waste from landfills, and install low pollutant-emitting materials. The proposed project includes indoor and outdoor water conservation measures. Indoor water conservation measures will include water pressure reducing valves and water efficient dishwashers in kitchens and dual flush toilets. Outdoor water conservation will be accomplished through the use of reclaimed water and through the use of water conserving plant materials. The project will also include efficient lighting and Photo-voltaic panels. Item #11 January 24, 2017 Page 92 of 189 EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14- 09/CUP 16-01-UPTOWN BRESSI December 7, 2016 Pa e 19 The following Tables 6, 7 arid 8 demonstrate project compliance with the Commercial Master Plan Design Standards, the C-L Zoning Compliance, and the Residential Master Plan Design Criteria and Development Standards contained within the Master Plan. TABLE 6 -COMMERCIAL MASTER PLAN DESIGN STANDARDS AND GUIDELINES Master Plan design standards and guidelines Provided Adequate building separation to preserve a Pedestrian plazas and eating areas are provided sense of place, open space, pedestrian scale and between buildings. amenities to make the space inviting. All structures should be located in relation to Buildings are located in relation to each other to each other to enhance the vis ion of creating form a street scene with pedestrian scale plazas safe, convenient, and interesting pedestrian with seating and amenities. Buildings face the places. internal streets. Pedestrian Orientation. Sidewalks are provided along the drive aisle and also provided as interconnecting walks throughout the site and to adjacent uses. Buildings oriented away from residential uses. Commercial store fronts do not face the residential area to the west and a landscape buffer provides separation. D.ouble loaded parking on streets and bulb-outs The extension of Finnila Place has angled parking for pedestrians. on both sides of the street and bulb-outs are provided. Public gathering places. Two gathering areas are provided within the residential area in addition to the public areas within the Master Plan. The commercial area provides multiple locations in plazas where the public can gather. TABLE 7 -COMMERCIAL DEVELOPMENT CL ZONE COMPLIANCE STANDARD -CL Zone PERMITTED/REQUIRED PROPOSED Property Size 7 gross acres 9.97 gross acres Building Height 35 feet w/allowed protrusions to 45 24 to 28 feet/single levels/w feet architectural feature to 38 feet. Yards (C-L Zone) Palomar Airport Road (Prime) -20 Prime setback = 65 feet to feet buildings and 25 feet to parking El Fuerte Street (Secondary) -15 feet Secondary setback= 49 feet to buildings and 20 feet to parking Gateway Road (Local Street) -10 feet Local setback= 29 to buildings and 15 to parking Landscaping Pe r landscape manual Parking areas and slopes are landscaped per landscape manual. Walls and Fences Provided along common lot line Project provides an open space buffer between commercial and residential land uses. The Master Plan discourages the Item #11 January 24, 2017 Page 93 of 189 EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14- 09/CUP 16-01-UPTOWN BRESSI December 7, 2016 Pa e 20 use of walls to separate uses in PA 16. Lighting Exterior lighting required for parking, Project is conditioned to walkways and building entrances and provide a lighting plan prior to exits. Lighting to be designed to building permit issuance. The avoid direct or indirect glare. lighting plan shall include light design and a photometric plan, and lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. Roof appurtenances Shield and screen roof appurtenances Roof equipment is screened and shielded by building design elements such as roof parapets or equipment screens. Trash enclosures Enclosed in six-foot-high enclosures. Trash enclosures are provided throughout the project site and meet Engineering Standard GS - 16. Loading Areas and Docks Oriented and screened from adjacent All loading areas and docks are streets or properties. oriented and/or screened from adjacent public streets and residential properties, and noise attenuation walls are included. Parking* 502 spaces required 491 parking spaces are (5 sp/1,000 sq. ft).* provided (4.89 sp/1,000 sq. ft.)* Employee eating areas 546 square feet or public eating area Public eating areas are provided in multiple plazas over 600 sq. ft. in area. Signs Sign Program required The project is conditioned to provide a sign program to create a comprehensive sign plan for the commercial project. Recycling Areas Receptacles adequate in capacity and Provided within proposed trash number to serve the project. enclosures *The applicant is requesting a 2.2% reduction for shared parking between all the commercial uses on the site. The 9,160 sq. ft. of outdoor dining area is included in the overall parking demand. The parking ordinance allows up to a 15% reduction for shared parking. The 2.2% reduction amounts to 11 fewer parking spaces than required by Code. 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. Other commercial projects that have requested and were approved reductions are: Bressi Ranch Village Center 5% (SDP 06-17(A)), Palomar Commons 5%, La Costa Town Square 8.3%. Item #11 January 24, 2017 Page 94 of 189 EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14- 09/CUP 16-01-UPTOWN BRESSI December 7, 2016 Pa e 21 TABLE 8-RESIDENTIAL MASTER PLAN DESIGN CRITERIA AND DEVELOPMENT STANDARDS Master Plan design standards and guidelines Provided Convenient pedestrian connectivity Homes have pedestrian access and front onto Gateway Road encouraging pedestrian activity. Sidewalks are provided off of Gateway Road. The sidewalks provide a pedestrian connection to the public streets and commercial area to the east. Residential development shall comply with the Compliance with the Planned Development {PD) Municipal Code, including Chapter 21.45, ordinance is discussed in Section E below and Planned Developments. provided in Attachment No. 4, PD Tables C, E and City Council Policy 66. The Master Plan Amendment also includes updates to the Master Plan to reflect the new General Plan Land Use designations and past Zone Code amendments, including, the title change of the Planning Director to City Planner, Planning Department to Planning Division, references to past Code sections that have changed, and the permit processing change from Planned Industrial Permit to Site Development Plan. An underline/strikeo1:1t version has been made available as a separately attached document. C. Growth Management -Local Facilities Management Plan (LFMP) Zone 17 A Local Facilities Management Plan (LFMP) has been previously prepared for Zone 17 pursuant to the requirements of the Growth Management Ordinance, Chapter 21.90 of the Municipal Code. This amendment is to reflect the revision to the land use boundaries as a result of the proposed land use changes. The project will be in compliance with the required performance standards by satisfying the general and special conditions listed in the LFMP. The facility demands of the build out of Local Facilities Management Zone 17 were based on a projection of future development within the zone. Table 8 below summarizes the anticipated development within Zone 17 compared to the proposed project. TABLE-8 -EXISTING AND PROPOSED DEVELOPMENT LAND USE DEVELOPMENT PROPOSED PROJECT NET CHANGE ASSUMPTION Industrial 300,000 sq. ft. 0 sq. f.t -300,000 sq. ft . Commercial 0 sq. ft. 91,164 sq. ft. + 91,164 sq. ft. Residential 23 0 dwelling units {du) 125 du + 125 du The citywide facilities impact for Zone 17 are summarized in Table 9 below and are further analyzed in the EIR and LFMP Zone 17. TABLE 9 -LFMP ZONE 17 SUMMARY STANDARD IMPACTS COMPLIANCE W/STANDARDS City Administration 442 sq. ft. Yes Library 236 sq. ft. Yes Waste Water Treatment 175 EDU -no impact Yes Parks .88 Acres Yes Drainage No impact Yes Item #11 January 24, 2017 Page 95 of 189 EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14- 09/CUP 16-01-UPTOWN BRESSI December 7, 2016 Pa e 22 Circulation 9,014 ADT Yes Fire Station #5 Yes Open Space Provided as part of Master Plan Yes Schools: Elementary: 15 Yes: School Fees Carlsbad Unified Middle: 6 School District High: 7 Sewer 462,560 or 175 EDU Yes Water 52,468 gpd Yes As identified in the Public Services and Utilities Section of the EIR 15-01, all facilities to serve the project are adequate and no significant impacts have been identified with public facilities. The City currently maintains an excess number of unbuilt dwelling units in the excess dwelling unit bank. The Uptown Bressi project proposes to reduce the number by 125 units for the Residential High density site. These dwelling units can be accommodated within Zone 17 without exceeding the Southeast Quadrant dwelling unit cap. The Southeast Quadrant may allow up to 661 additional units before the quadrant cap is met. The quadrant cap number of 661 does not include existing vacant (unbuilt) residential land use designated properties. There are adequate units in the Excess Dwelling Unit Bank (352) for the allocation of 125 dwelling units for the land use change from Planned Industrial to R-23. The project's 125 dwelling units do not significantly increase the demands of facilities as shown above and adequate facilities are provided. D. City Council Policy 43 compliance City Council Policy No. 43 identifies that an allocation of excess dwelling units is an "incentive", as defined by Carlsbad Municipal Code (CMC) Section 21.86.020.A.12 and Government Code Section 65915(k), in that it is a regulatory concession that modifies the requirements of CMC Chapter 21.90 by permitting development with more dwelling units than otherwise permitted by the growth management control point established in CMC Chapter 21.90 or the allocation of excess dwelling units to a property will permit more dwelling units on a site than would otherwise be allowed by the existing underlying General Plan land use designation. Since the project is to change the General Plan Land Use from Planned Industrial to Residential (R-23), a request for withdrawal of 125 dwelling units from the excess dwelling unit bank is required. In exchange for making such offset/allocation available, the city council finds it is appropriate to require, in accordance with Carlsbad Municipal Code (CMC) Section 21.85.100, any residential development (rental orfor-sale) to enter into an affordable housing agreement with the City of Carlsbad to provide a minimum of 20 percent of the total housing units on the site of the residential development as affordable to lower income households at 80% or below the San Diego County Area Median Income. The project is conditioned to enter into an affordable housing agreement with the city and to provide 25 units as affordable housing units. The location and density of the site to be allocated excess dwelling units is compatible with existing adjacent residential neighborhoods and nearby existing and proposed commercial uses in that t he site is within close proximity to neighborhood services (shopping, employment, parks, schools, etc.); is not located in areas that contain significant natural or manmade hazards; and is adjacent to or near properties with similar densities. E. Subdivision Ordinance, Title 20 of the Municipal Code The project necessitates the processing of a Tentative Tract Map for the creation of individual commercial lots and 125 airspace units. The applicant has requested a Vesting Tentative Tract Map (CT 14-09). The Item #11 January 24, 2017 Page 96 of 189 EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14- 09/CUP 16-01-UPTOWN BRESSI December 7, 2016 Pa e 23 commercial project proposes three lots and the residential proposes 125 airspace (condominium) units on one lot. A Residential Planned Development Permit (PUD 14-10) accompanies this application for the condominium units. Tables 10 and 11 below summarize the projects compliance with the Subdivis.ion Ordinance. TABLE 10 -COMMERCIAL PROJECT (CT 14-09) COMPLIANCE TABLE STANDARD REQUIRED PROVIDED COMPLY? Minimum Lot Area 4 acres (net) or 7 acres 9.97 ac. gross Yes (gross) Front on a Frontage on a public The project fronts onto El Fuerte Yes dedicated street street unless allowed per Street and Gateway Road, which Chapter 21.47 for non-are publicly dedicated streets. The residential planned PUD lots are allowed per Chapter developments. 21.47. Lot width N/A 680 ft. (El Fuerte St.) and 700 ft. Yes (Gateway Rd .). Bicycle routes Provide for bicycle routes Bicycle routes are provided along Yes on Circulation Element Palomar Airport Road and Gateway roadways. Rd. Street Plan Assure proper The project's intersections have Yes development of abutting been aligned with existing properties and street driveways and street intersections. plans. Passive Design for passive heating Project provides, where feasible, Yes heating/cooling and cooling. building orientation to take design advantage of passive heating and cooling. TABLE 11 -RESIDENTIAL PROJECT (CT 14-09) COMPLIANCE TABLE STANDARD REQUIRED PROVIDED COMPLY? Minimum Lot Area 10,000 sq. ft . 7.67 acres. Yes Front on a Frontage on a public Lots front onto publicly dedicated Yes dedicated street street. streets. Lot width 60 feet/33 on cul-de-sac 360 ft. Gateway Rd and 420 ft. Colt Yes Pl. Bicycle routes Provide for bicycle routes Bicycle routes are provided along Yes on Circulation Element Gateway Rd. roadways. Street Plan Assure proper The project's intersections have Yes development of abutting been aligned with existing street properties and street intersections and connections to plans. adjacent streets are provided. Passive Design for passive heating Project provides, where feasible, Yes heating/cooling and cooling. building orientation to take design advantage of passive heating and cooling. Item #11 January 24, 2017 Page 97 of 189 EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14- 09/CUP 16-01-UPTOWN BRESSI December 7, 2016 Pa e 24 The Engineering Department has reviewed the proposed Vesting Tentative Map and has concluded that the subdivision, as conditioned, complies with all the applicable requirements of the Subdivision Map Act and the City's Subdivision Ordinance. All of the parcels are within the same Tax Code Area. All infrastructure improvements, including frontage and project-related roadways and the extension of existing drainage and sewer facilities, are existing or are being installed concurrent with development. General utility, access, and water/reclaimed-water easements will be dedicated with recordation of the final maps. An owners association will be required for the maintenance of common properties. F. Planned Development and Non-Residential Planned Development Ordinance, Chapter 21.45 and 21.47 of the Municipal Code The proposal is to create a one-lot residential development that shares access and necessitates that a Planned Development Permit be processed to supplement the proposed Vesting Tentative Map (CT 14- 09). The 125 residential lots airspace condominium units will share common driveway access, parking areas, recreation and landscaped areas which will be commonly maintained by an owners association . The units proposed for Planning Area 16 are intended to add a diversity of housing opportunities available within the community by providing a high density attached housing product. The units are ideally situated in close proximity to Uptown Bressi and the Bressi Ranch Shopping Center. Pursuant to Section X.E.8 of the Master Plan (Planning Area 16), multi-family airspace condominiums are required to comply with the Planned Development standards of the Zoning Ordinance (CMC Chapter 21.45), as well as City Council Policy No. 66, Livable Neighborhoods. The project is in compliance with the Planned Development Ordinance and City Council Policies and the compliance tables are included as Attachment 4, PD Tables C, E and City Council Policy 66, of the staff report. G. Site Development Plans, Chapter 21.53 (Affordable Housing) and 21.31 (CL Zone) of the Municipal Code The C-l Zone requires the processing of a Site Development Plan processed pursuant to Chapter 21.06, the Qualified Development Overlay Zone. Per the Municipal Code (21.31.040((), the City Council shall be the decision maker for the commercial SDP and related permits. The residential development also requires a Site Development Plan permit. Pursuant to section 21.53.120 of the Municipal Code, the Site Development Plan findings are the same for both commercial and residential projects. Four findings are required for the Q-Overlay Zone. The required findings with justification for each are contained in the Planning Commission Resolution for each of the projects. This section summarizes the necessary findings and support for each. 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 Bressi Ranch Master Plan and all other applicable development regulations as discussed previously in this report. The proposed commercial and residential uses are consistent with and implement the respective Local Commercial and Residential 23 Land Use designations. The required setbacks and roadways provide an appropriate buffer between the commercial center and existing residential developments and ensure the proposed project will not be detrimental to existing uses. Furthermore, the surrounding residential Item #11 January 24, 2017 Page 98 of 189 EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14- 09/CUP 16-01-UPTOWN BRESSI December 7, 2016 Pa e 25 uses will benefit directly by having an additional commercial center to serve everyday commercial needs in close proximity to their residences. The project's architectural design will complement the area's neo-traditional architecture. 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 Bressi Ranch Master Plan, C-L, and Residential Density Multiple Zones of Carlsbad Municipal Code Title 21 as previously discussed in Section B of this report. The proposed project complies with the development standards for building setbacks, building height, and parking (shared with 2.2 % reduction) as proposed within the Master Plan, C-L, and planned Development Zones. 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 site functions as a component of the Bressi Ranch Master Plan's desire to create a strong mixed- use component that includes residential, commercial and office/industrial uses in close proximity. The project has been designed in accordance with all development and design standards of the Master Plan, C-L, and Residential Zones; therefore, the project is compatible with existing permitted and future uses. The project has been conditioned to include traffic mitigation measures and noise attenuation to ensure compatibility with the surrounding uses. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. Access to the retail/general commercial site would be provided from Colt Place, Gateway Road and El Fuerte Street. The access point on El Fuerte Street would be a right in/right out only configuration, and a deceleration lane would be constructed on southbound El Fuerte Street. In addition, a four-way traffic signal is proposed at the Gateway Road/Finnila Place intersection. Pursuant to the Circulation Analysis of the project EIR 15-01, the street system serving the proposed uses will be adequate to handle the 9,014 Average Daily Trips generated by the proposed project. The surrounding public streets are improved to theirfull-width improvements, including curbs, gutters, and sidewalks. H. Conditional Use Permits, Chapter 21.42 of the Municipal Code A drive through facility and a liquor store (i.e. BevMo!/Total Wine) are proposed within this project. Conditional uses, such as drug store drive-thru windows and liquor stores 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 underlying Local Shopping Center (C-L) 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 drive-thru facility and liquor store 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. Item #11 January 24, 2017 Page 99 of 189 EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14- 09/CUP 16-01-UPTOWN BRESSI December 7, 2016 Pa e26 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the General Plan, including, if applicable, the certified local coastal program, specific plan or master plan in that a drug store drive-thru and a liquor store provide a desirable service and is a convenience to the community by providing increased accessibility and is designed to operate safely and efficiently within the commercial center. The uses are consistent with the General Plan Land Use, Mobility, and Public Safety Elements as shown in Table 1. "Public convenience or necessity" is a tool for local government and communities that directly ties them into the state liquor licensing process. A liquor store can provide a benefit to the community through employment gain, business taxes, and as a unique business addition. The Municipal Code allows liquor stores for off-site consumption (off-sale) with specific conditional use restrictions to protect the community by regulating how the business operates and the use has been conditioned accordingly. Current state law limits the issuance of new licenses in geographical regions defined as high crime areas or in areas of "undue concentration" of retail alcohol outlets. The Bressi Ranch area does not have a high concentration of liquor stores, nor does it have a crime rate that is higher than neighboring communities. 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the proposed drive-thru facilities lanes are designed so that they will not impact other commercial uses in the center. The drive-thru provides an adequate vehicle stacking lane so as to prevent blocking the commercial center's internal circulation aisles, parking aisles, or parking spaces. The liquor store provides adequate parking, does not cause congestion or impact the traffic of other nearby commercial uses as shown in the traffic study. The store is not, and is conditioned to not be, within 500 feet of any other licensed liquor store. 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this Code and required by the City Planner in order to integrate the use with other uses in the neighborhood in that the project complies with all of the applicable development standards of the C-L Zone and the design of the drive-thru lane utilizes a building design element to pass under (awning) with planters and landscaping to screen and separate the drive-thru lane from the parking lot, drive aisles, and El Fuerte Road. The liquor retail store will occupy Building C. Adequate parking is provided in front of the building and adequate vehicular circulation is provided by the design of the center. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that access to the retail/general commercial site would be provided from Colt Place, Gateway Road and El Fuerte Street. The access point on El Fuerte Street would be a right in/right out only configuration, and a deceleration lane would be constructed on southbound El Fuerte Street. In addition, a four-way traffic signal is proposed at the Gateway Road/Finnila Place intersection. Pursuant to the Circulation Analysis of the project EIR 15-01, the street system serving the proposed uses will be adequate to handle the 9,014 Average Daily Trips generated by the proposed project. The surrounding public streets are improved to their full-width improvements, including curbs, gutters, and sidewalks. I. 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 amended on March 4, 2010 and all projects within its boundary are required Item #11 January 24, 2017 Page 100 of 189 EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14- 09/CUP 16-01-UPTOWN BRESSI December 7, 2016 Pa e 27 to be reviewed for consistency with its goals and policies. The ALUCP identifies four types of airport impact-s that must be considered for each development: Noise, Safety, Airspace Protection, and Overflight. Based on a review of the ALUCP, the project site is located in Safety Zone 6 within the airport influence area (AIA) of the McClellan Palomar Airport (San Diego County Regional Airport Authority - SDCRAA 2011). Additionally, the project site is located within the ALUCP's Airport Overflight Notification Area and Review Area 1 of the AIA (SDCRAA 2011). On November 23, 2015, the ALUC determined that the proposed project is consistent with the McClellan- Palomar ALUCP. Based on the ALUC's consideration of four compatibility factors and their associated policy objectives as they relate to noise, safety, airspace protection, and overflight, the following summarizes the ALUC's consistency determination as it relates to each of these factors: 1. Based on a review of Exhibit 111-1 from the ALUCP (2011), the project site is located to the south ofthe 60 dBA CNEL noise contour and the ALUCP identifies all uses located outside the 60 dB CNEL noise contour as compatible with airport uses. 2. According to Policy 3.4.4(e) of the ALUCP (2011), residential development as proposed under the project is compatible with Safety Zone 6 (see Table 111-2 of the. ALUCP). Similarly, in the context of non- residential development, the ALUCP does not restrict the number of people per acre within Safety Zone 6 (see Table 111-2 of the ALUCP) and the ALUCP identifies residential and community/neighborhood shopping center and lodging uses located within Safety Zone 6 as compatible with airport uses. 3. The proposed project is in compliance with the ALUCP airspace protection surfaces because a determination of no hazard to air navigation has been issued by the FAA. Additionally, an avigation easement is already recorded over the property (August 20, 1987), as the ALUCP requires an avigation easement for height on properties where the ground surface already penetrates FAA airspace protection layers. 4. The project site is located within Airport Overflight Notification Area (Review Area 1) of the AIA for Palomar Airport. Residential properties located in an overflight notification area may be subject to some of the annoyances or inconveniences associated with their proximity to airport operations. No additional overflight notification is required in instances when an avigation easement applies. IV. ENVIRONMENTAL REVIEW An Environmental Impact Report (EIR) was prepared for the Uptown Bressi project in accordance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the Environmental Protection Procedures (Title 19) of the CMC. The EIR addresses the environmental impacts associated with all discretionary applications for the proposed project, including ultimate build-out of the entire project. City staff issued a Notice of Preparation (NOP) on August 10, 2015. The NOP was distributed to all Responsible and Trustee Agencies, as well as other agencies, and members of the public. Staff scheduled a public scoping meeting session in order to increase opportunities for public input. Notices of the scoping meeting were sent to all property owners within a 600-foot radius of the project boundaries as well as being published in the San Diego Union Tribune. The public scoping session took place on August 19, 2015 at the Bressi Ranch Boys and Girls Club. At the scoping session, the public was invited to comment on the scope and content of the EIR. Written responses were received and these comments were taken into consideration prior to developing a detailed scope of work for the EIR and are published in the Item #11 January 24, 2017 Page 101 of 189 EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14- 09/CUP 16-01-UPTOWN BRESSI December 7, 2016 Pa e28 Introduction chapter .of the EIR. The Uptown Bressi Project EIR analyzed the following areas of potential environmental impact: • Aesthetics • Air Quality • Greenhouse Gas Emissions/Global Climate Change • Hydrology and Water Quality • Land Use and Planning • Noise • Population and Housing • Parks/Recreation • Public Services and Utilities • Transportation and Traffic Following the preparation of the Initial Study and consideration of the public and agency comments submitted on the NOP, it was determined that the proposed project would not result In a significant impact to the following environmental topics: • Agriculture and Forestry Resources • Biological Resources • Cultura l Resources • Geology and Soils • Hazards and Hazardous Materials • Mineral Resources Additionally, the Draft EIR includes other sections required by CEQA including an Executive Summary, Project Description, Cumulative Effects, Effects Found Not to Be Significant, and Growth Inducing Effects and Alternatives. Three alternatives are considered in the EIR. The alternatives include the "no project/existing General Plan" alternative, a "no project/no development" alternative and a reduced commercial alternative. On April 15, 2016, the Draft EIR was published and the City notified interested Responsible and Trustee Agencies, as well as other interested agencies. The "Notice of Completion" commenced an initial 45-day public review and comment period expiring on May 31, 2016. The "Notice of Completion" advised that the Draft EIR was available for review at three locations: City of Carlsbad Planning Division; the City Clerk's Office; and the Georgina Cole Library (Dove library was under (emodel). Complete hardbound and CD copies were also available with the appendices through the Planning Division. The Draft EIR was also published on the City's website at (http:ljwww.carlsbadca.gov/services/depts/planning/agendas.asp). The analysis contained in the EIR concluded that all significant impacts would be mitigated to below a level of significance, The main comments submitted on the NOP during t he public review and comment period were directed towards the deterioration in the Level of Service (LOS) for local roadway intersections, including Gateway Road and Innovation Way, and Gateway Road and Finnila Place and the project's compliance with the Climate Action Plan. A total of 29 comment letters were submitted prior to the close of the public review period. Responses to the comment letters are contained in the Final EIR. Responses were prepared and sent to Caltrans. The response transmittal letter also provided notice of availability of the Final EIR. The Final EIR includes Item #11 January 24, 2017 Page 102 of 189 EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14- 09/CUP 16-01-UPTOWN BRESSI December 7, 2016 Pa e 29 a Mitigation Monitoring and Reporting Program (MMRP). The MMRP is also attached to the Planning Commission Resolution No. 7174 for the EIR. ATIACHMENTS: 1. Planning Commission Resolution No. 7174 (EIR) 2. Planning Commission Resolution No. 7175 (GPA/MP/LFMP) 3. Planning Commission Resolution No. 7176 (CT/PUD/SDP/CUP) 4. Planned Development Compliance Tables C, E and City Council Policy 66 5. Location Map 6. Disclosure Statements 7. Reduced Exhibits "A" -"GGG", dated July 20, 2016 8. Final EIR for Uptown Bressi dated November, 2016 (copy on file in the Planning Division and available at http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?B1obtD=32034) 9. Bressi Ranch Master Plan dated December 2016 (previously distributed and copy on file in the Planning Division and available at http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?Blob1D=32086 as Appendix B of the Final EIR) 10. Zone 17 Local Facilities Management Plan, dated July 2016 (copy on file in the Planning Division and available at http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?Blob1D=32088 as Appendix C of the Final EIR) 11. Uptown Bressi Retail Center Retai l Market Analysis, London Group Realty Advisors, April 2015 Item #11 January 24, 2017 Page 103 of 189 Uptown Bressi -EIR 15-01/GPA 14-04/LFMP 87-17(A)/MP 178(1)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14-09/CUP 16-01 PLANNED DEVELOPMENTS {CMC SECTION 21.45.060) TABLE C: GENERAL DEVELOPMENT STANDARDS APPLICABLE TO ALL PLANNED DEVELOPMENTS REF. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT NO. Per the underlying General Plan designation. When two or more general The project complies with the R-23 C.1 Density plan land use designations exist within a planned development, the General Plan Land Use Designation density may be transferred from one general plan designation to another density of 16.3 du/acre. with a general plan amendment. All dwelling units adjacent to any arterial road shown on the Circulation Element of the General Plan shall maintain the following minimum setbacks from the right-of-way: The project complies with the 50- Prime Arterial 50 Feet foot-wide setpack requirement Major Arterial 40 Feet from Palomar Airport Road. Secondary Arterial 30 Feet Carlsbad Boulevard 20 Feet Half (50%) of the required arterial setback area located closest to the The project complies with the arterial shall be fully landscaped to enhance the street scene and buffer requirement that half of the Arterial homes from traffic on adjacent arterials, and: C.2 Setbacks Shall contain a minimum of one 24" box tree for every 30 lineal feet of required setback area shall be fully street frontage; and landscaped from Palomar Airport Shall be commonly owned and maintained Road . Project perimeter walls greater than 42 inches in height shall not be A 6-foot high sound wall will be located in the required landscaped portion of the arterial setback, except located along the northern noise attenuation walls that: perimeter of the project site Are required by a noise study, and adjacent to Palomar Airport Road Due to topography, are necessary to be placed within the required in the residential portion of the landscaped portion of the arterial setback. project as required by the noise study. Permitted Intrusions Permitted intrusions into required building setbacks shall be the same as All buildings meet all required into C.3 Setbacks/ specified in Section 21.46.120 of this code. The same intrusions specified setbacks and building separation Building in Section 21.46.120 shall be permitted into required building separation. requirements. Separation Minimum right-of-way width 56 feet Minimum curb-to-curb width 34 feet N/A. Project is not proposing a Private Minimum parkway width 5.5 feet, including curb private street; private drive aisles (curb adjacent) are proposed throughout the Minimum sidewalk width 5 feet (setback 6 inches from development. property line) Minimum right-of-way width 60 feet C.4 Streets Minimum curb-to-curb width 34 feet Public Minimum parkway width 7.5 feet, including curb N/A. Project is not proposing a (curb adjacent) public street. Minimum sidewalk width 5 feet (setback 6 inches from property line) Street A minimum of one street tree Trees One-family dwellings and (24-inch box) per lot is required N/A within twin homes on small-lots to be planted in the parkway along all streets. Item #11 January 24, 2017 Page 104 of 189 Uptown Bressi -EIR 15-01/GPA 14-04/LFMP 87-17(A)/MP 178(1)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14-09/CUP 16-01 parkwa Project complies. Street trees are ys Street trees shall be spaced no proposed adjacent to Palomar Condominium projects further apart than 30 feet on Airport Road, Gateway Road and Colt Place as well as along the main center within the parkway. ingress/egress private drive isles off Colt Place. The landscaping complies with the Bressi Ranch Master Plan and Tree species should be selected to create a unified image for creates a unified image for the the street, provide an effective canopy, avoid sidewalk damage streets, provides an effective and minimize water consumption. canopy, avoids sidewalk damage and incorporates recycled water for irrigation. 3 or Minimum 12 feet wide when the drive-aisle is not required for fewer emergency vehicle access, as determined by the Fire Chief. N/A dwell in If the drive-aisle is required for emergency vehicle access, it g units shall be a minimum of 20 feet wide. 4 or more Minimum 20 feet wide. All private drive aisles have a dwellin minimum width of 20 feet. g units No parking shall be permitted within the minimum required No parking is proposed within the minimum required width of the width of a drive-aisle. proposed private drive-aisles. A minimum 24-foot vehicle back-up/maneuvering area shall be All garages provide a minimum 24-C.5 Drive-aisles provided in front of garages, carports or uncovered parking foot vehicle back-up maneuvering spaces (this may include driveway area, drive-aisles, and area in front of garages. streets). All Additional width may be required for vehicle/emergency Fire truck turning movements have projects vehicle maneuvering area. been incorporated into the design of the drive aisles. Pedestrian walkway connections Parkways and/or sidewalks may be required. are provided throughout the project. No more than 24 dwelling units shall be located along a single-No more than 24 dwelling units are entry drive-aisle. proposed along a drive aisle. All drive-aisles sha ll be enhanced with decorative pavement. The drive aisles are enhanced with concrete pavers. Number of Projects with 10 units or fewer j A .30 space per each unit. The proposed project includes 125 Visitor Projects 11 units or more I A .25 space per each unit. dwelling units. As a result, a total C.6 Parking When calculating the required number of visitor parking spaces, if the of 32 visitor parking stall are Spaces calculation results in a fractional parking space, the required number of required. The project provides 35 Required visitor parking spaces shall always be rounded up to the nearest whole stalls on-site and therefore (1) number. complies with this requirement. Item #11 January 24, 2017 Page 105 of 189 Uptown Bressi -EIR 15-01/GPA 14-04/LFMP 87-17(A)/MP 178(1)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14-09/CUP 16-01 On-street visitor parking is permitted on private/public streets, N/A subject to the following: The private/public street is a minimum 34-feet wide (curb-to- curb) There are no restrictions that would prohibit on-street parking where the visitor parking is proposed The visitor parking spaces may be located: Along one or both sides of any private/public street(s) located within the project boundary, and On Along the abutting side and portion of any existing public/private street(s) that is contiguous to the project Private/ boundary Public In parking bays along public/private streets within the project N/A Streets boundary, provided the parking bays are outside the minimum required street right-of-way width. When visitor parking is provided as on-street parallel parking, The parallel parking stalls provided not less than 24 lineal feet per space, exclusive of throughout the development driveway/drive-aisle entrances and aprons, shall be provided comply with this requirement. for each parking space, except where parallel parking spaces are located immediately adjacent to driveway/drive-aisle aprons, then 20 lineal feet may be provided. Within the Beach Area Overlay Zone, on-street parking shall not N/A count toward meeting the visitor parking requirement. On Visitor parking must be provided in parking bays that are The visitor parking stalls are Drive-located outside the minimum drive Location of aisles located outside the required minimum drive-aisle width. aisle width. C.7 Visitor One required visitor parking space may be credited Parking Outside for each driveway in a project that has a depth of N/A the 40 feet or more. Beach For projects with 10 or fewer units, all required N/A Area visitor parking may be located within driveways Overlay (located in front of a unit's garage), provided that Zone all dwelling units in the project have driveways with a depth of 20 feet or more. One required visitor parking space may be credited for each driveway in a project that has a depth of N/A 40 feet or more. If the streets within and/or adjacent to the project On a al low for on-street parking on both sides of the Drivewa street, then visitor parking may be located in a y Within driveway, subject to the following: the All required visitor parking may be located within Beach driveways (located in front of a unit's garage), Area provided that all dwelling units in the project have Overlay driveways with a depth of 20 feet or more. N/A Zone If less than 100% of the driveways in a project have a depth of 20 feet or more, then a .25 visitor parking space will be credited for each driveway in a project that has a depth of 20 feet or more (calculations resulting in a fractional parking space credit shall always be rounded down to the nearest whole number). Item #11 January 24, 2017 Page 106 of 189 Uptown Bressi -EIR 15-01/GPA 14-04/LFMP 87-17(A)/MP 178(1)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14-09/CUP 16-01 The minimum driveway depth required for visitor parking (20 feet or 40 feet) applies to driveways for All front or side-loaded garages, and is measured from N/A projects the property line, back of sidewalk, or from the edge of the drive-aisle, whichever is closest to the structure. For projects of more than 25 units, up to 25% of visitor parking may be provided as compact spaces (8 feet by 15 feet). No No compact visitor parking spaces Compac overhang is permitted into any required setback area or over are provided. t sidewalks less than 6 feet wide. Parking For all projects within the Beach Area Overlay Zone, up to 55% of the visitor parking may be provided as compact spaces (8 N/A feet by 15 feet). Distanc Visitor parking spaces must be located no more than 300 feet Visitor parking is located within 300 efrom as measured in a logical walking path from the entrance of the feet of the units it could potentially unit unit it cou ld be considered to serve. serve. Visitor parking will be screened Screening Open parking areas shou ld be screened from adjacent residences and with landscaping. The retail parking C.8 of Parking pub lic rights-of-way by either a view-obscuring wall, landscaped berm, or lot will be screened from adjacent Areas landscaping, except parking located within a driveway. residences with a low-obscuring wall and landscaped berm. Community recreational space shall be provided for all projects of 11 or Project complies. The project more dwelling units, as follows: includes 125 dwelling units. As a Project is NOT within result, a total of 18,750 square feet Minimum R-23 general plan 200 square feet per unit of community recreational space is community designation required. The project provides 28,685 square feet of common recreational space Project IS within R-23 community recreation space and required general plan 150 square feet per unit therefore complies with this designation requirement. Projects with 11 to Community recreational space shall be provided as 25 dwelling units either (or both) passive or active recreation N/A facilities. Community recreational space shall be provided as Projects with 26 or both passive and active recreational facilities with a The project complies. more dwelling units minimum of 75% of the area allocated for active Community facilities. C.9 Recreation Project complies. The project al Space (1) includes 125 dwelling units. As a Community recreational space shall be provided as result, 14,063 square feet of active both passive and active recreational facilities for a recreation space is required. The variety of age groups (a minimum of 75% of the project proposes 14,073 sf(75%) of area allocated for active facilities). active recreation space including a pool/spa area, tot lot, shuffle board Projects with 50 or and bocce ball courts. more dwelling units For projects consisting of one-family dwellings or twin homes on small-lots, at least 25% of the community recreation space must be provided as pocket parks. N/A Pocket park lots must have a minimum width of 50 feet and be located at strategic locations such as street intersections (especially "T-intersections") and where open space vistas may be achieved. Item #11 January 24, 2017 Page 107 of 189 Uptown Bressi -EIR 15-01/GPA 14-04/LFMP 87-17(A}/MP 178(1)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14-09/CUP 16-01 Project complies . Community Community recreational space shall be located and recreational space is located designed so as to be functional, usable, and easily throughout the development and is accessible from the units it is intended to serve. functional, usable, and easily accessible from the units its serves. All projects Credit for indoor recreation facilities shall not (with 11 or more exceed 25% of the required community recreation N/A dwelling units} area. Required community recreation areas shall not be located in any required front yard and may not include any streets, drive-aisles, driveways, parking N/A areas, storage areas, slopes of 5% or greater, or wa lkways (except those walkways that are clearly integral to the design of the recreation area). In addition to required resident and visitor parking, recreation area parking shall be provided, as follows: 1 space for each 15 residential units, or N/A Recreation Area fraction thereof, for units located more than 1,000 Parking feet from a community recreation area. ' The location of recreation area parking shall be subject to the same location requirements as for N/A visitor parking, except that required recreation area parking shall not be located within a driveway(s). Examples of recreation facilities include, but are not limited to, the following: Swimming pool area Children's playground equipment Spa Courts (tennis, racquetball, volleyball, basketball) Recreation rooms or buildings Active Horseshoe pits Pitch and putt Grassy play areas with a slope of less than 5% (minimum area of 5,000 square feet and a minimum dimension of 50 feet) Any other facility deemed by the City Planner to satisfy the intent of providing active recreational facilities Benches Passive Barbecues Community gardens Grassy play areas with a slope of less than 5% Project complies. Pedestrian scaled C.10 Lighting Lighting adequate for pedestrian and vehicular safety shall be provided. LED path lighting will be installed along the pedestrian walkways and drive aisles. C.11 Reserved Required for projects with 100 or more units, or a master or specific plan Project complies. RV storage is not with 100 or more planned development Units. Exception: RV storage is not required for projects located within the R-15 or R-23 land use required for projects located within Recreation designations. the R-23 land use designation. As C.12 al Vehicle 20 square feet per unit, not to include area required for driveways and identified in the Bressi Ranch (RV) approaches. Master Plan, the Master Storage (1) Developments located within master plans or residential specific plans Homeowners Association controls, operates, and maintains the may have this requirement met by the common RV storage area provided recreational vehicle storage area. by the master plan or residential specific plan. Item #11 January 24, 2017 Page 108 of 189 Uptown Bressi -EIR 15-01/GPA 14-04/LFMP 87-17(A)/MP 178(1)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14-09/CUP 16-01 RV storage areas shall be designed to accommodate recreational vehicles of various sizes (i.e. motorhomes, campers, boats, personal watercraft, N/A etc.). The storage of recreational vehicles shall be prohibited in the front yard setback and on any public or private streets or any other area visible to the public. A provision containing this restriction shall be included in the N/A covenants, conditions and restrictions for the project. All RV storage areas shall be screened from adjacent residences and public rights-of-way by a view-obscuring wall and landscaping. 480 cubic feet of separate storage space per unit. Each unit proposes either one or two-car garage (12 ft. x 20 and 20 If all storage for each unit is located in one area, the space may be reduced ft. x 20 ft. minimum interior space), to 392 cubic feet. which satisfies the storage space requirement. Required storage space shall be separately enclosed for each unit and be N/A Storage conveniently accessible to the outdoors. C.13 Space Required storage space may be designed as an enlargement of a covered parking structure provided it does not extend into the area of the required N/A parking stall, and does not impede the ability to utilize the parking stall (for vehicle parking). A garage (12''X20' one-car, 20'x20' two-car, or larger) satisfies the required Complies -see above. storage space per unit. This requirement is in addition to closets and other indoor storage areas. N/A (l) This standard does not apply to housing for senior citizens (see Chapter 21.84 of this code). Item #11 January 24, 2017 Page 109 of 189 Uptown Bressi - EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14-09/CUP 16-01 PLANNED DEVELOPMENTS (CMC SECTION 21.45.080) TABLE E: CONDOM INIUM PROJECTS REF. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT NO. Livable Must comply with City Council Policy 66, Principles for the Development E.1 Neighborhood SEE SEPARATE COMPLIANCE CHART Policy of Livable Neighborhoods. One-family and Must comply with City Council Policy 44, Neighborhood N/A. Town homes and residential flats two-family Architectural Design Guidelines are proposed. dwellings Project complies. At least three There shall be at least three separate building planes on separate building planes are proposed all building elevations. The minimum offset in planes on all building elevations. The shall be 18 inches and shall include, but not be limited minimum offset in planes are 18 to, building walls, windows, and roofs. inches and include building walls, windows, decks, balconies and roofs. All building elevations sha ll incorporate a minimum of four complimentary design elements, including but not limited to: Project complies. All building E.2 Architectural • A variety of roof planes; elevations incorporate at least four Requirements Multiple-family • Windows and doors recessed a minimum of 2 inches; complimentary design elements dwellings • Decorative window or door frames; including a variety of roof planes, • Exposed roof rafter tails; recessed windows and doors, • Dormers; decorative window and door frames, • Columns; exposed roof rafter tails, varied • Arched elements; window shapes, exterior wood • Varied window shapes; elements (hardwood paneling and • Exterior wood elements; hardwood trim), decorative ceramic • Accent materials such as brick, stone, shingles, wood, tiles, sectional garage doors, and or siding; plaster corbels. • Knee braces; and • Towers . Project complies. Total building E.3 Maximum 60% of total project net developable acreage. coverage for 125 townhome and Coverage residential flat upits is 38.2% (i.e., less than 60%) Same as required by the underlying zone, and not to exceed three stories Project complies. (1)(7) 40 feet, if roof pitch is 3:12 or greater Project complies. Building heights do 35 feet, if roof pitch is less than 3:12 not exceed 40 feet. The proposed Projects town homes would be 39 feet, 8 E.4 Maximum within the R-inches in height. The stacked flats Building Height 23 general would not exceed 40 feet in height. plan Building height shall not exceed three stories The proposed tower protrusion would designation be to an elevation of 41 feet. These (1)(7) protrusions are allowed as these architectural features do not provide additional floor space. From a Residential 10 feet Project complies. Buildings meet all Minimum private or structure setback requirements (minimum 20 E.5 Building public Direct entry feet from Palomar Airport Road, 10 Setbacks street!2l!3l 20 feet feet from Gateway Road and Colt garage Place). From a drive-Residential 5 feet, fully landscaped (walkways Project complies. Item #11 January 24, 2017 Page 110 of 189 Uptown Bressi-EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14-09/CUP 16-01 PLANNED DEVELOPMENTS (CMC SECTION 21.45.080} TABLE E: CONDOMINIUM PROJECTS REF. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT NO. aislef4l structure providing access to dwelling entryways (except as may be located within required specified landscaped area) below) Residential structure -0 feet when projecting over the front of a Project complies. Residential directly structures directly above a garage above a garage. complies with the O foot setback. garage 3 feet Project complies. The project Garages facing directly onto a drive-aisle provides 3 foot setbacks for garages Garage shall be equipped with an automatic facing directly onto a drive-aisle. All garage door opener. residential units will be equipped with an automatic garage door opener. Project complies. The project Projects of 25 provides 3 foot setbacks for garages units or less 0 feet (residential structure and garage) facing directly onto a drive-aisle and O within the R-foot setbacks for residential 15 and R-23 structures directly above the garage. general plan Garages facing directly onto a drive-aisle Project complies. All residential units designations shall be equipped with an automatic will be equipped with an automatic garage door opener. garage door opener. Ofeet May cantilever over a drive-aisle, Balconies/deck provided the balcony/deck complies with s (unenclosed all other applicable requirements, such Project complies. Bui ldings meet all and as: setback requirements, no balconies or uncovered) • Setbacks from property lines decks cantilever over a drive isle. • Building separation • Fire and Engineering Department requirements From the perimeter property The building setback from an interior side lines of the project site (not or rear perimeter property line shall be Project complies. Bui ldings meet all adjacent to a public/private the same as required by the underlying setback requirements. zone for an interior side or rear yard street) setback. Minimum E.6 Building 10 feet 20 feet provided, project complies. Separation If a project is located within the R-23 general plan designation, res ident parking shall be provided as Each unit proposes either one or two- All dwelling specified below, and may also be provided as follows: car garage (12 ft. x 20 and 20 ft. x 20 • 25% of the units in the project may include a tandem ft. minimum interior space), which types two-car garage (minimum 12 feetx 40 feet). satisfies the resident parking E.7 Resident • Calculations for this provision resulting in a fractional requirement . Parking (5) unit may be rounded up to the next whole number. One-farnlly 2 spaces per unit, provided as either: and two-• a two-car garage (minimum 20 feet x 20 feet), or N/A family • 2 separate one-car garages (minimum 12 feet x 20 dwellings feet each) Item #11 January 24, 2017 Page 111 of 189 Uptown Bressi -EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14-09/CUP 16-01 PLANNED DEVELOPMENTS (CMC SECTION 21.45.080) TABLE E: CONDOMINIUM PROJECTS REF. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT NO. • In the R-W Zone, the 2 required parking spaces may be provided as 1 covered space and 1 uncovered space !5) 1.5 spaces per unit, 1 of which must be covered !5) Studio and When calculating the required number of Project complies. The one bedroom one-bedroom parking spaces, if the calculation results flats provide 1.S spaces per unit, 1 of units in a fractional parking space, the which is in a garage. required number of parking spaces shall always be rounded up to the nearest whole number. 2 spaces per unit, provided as either: • a one-car garage (12 feet x 20 feet) and 1 covered or uncovered space; or (5) • a two-car garage (minimum 20 feet x Each unit proposes either one or two- Units with two 20 feet), or car garage {12 ft. x 20 and 20 ft. x 20 or more ft. minimum interior space), which bedrooms • 2 separate one-car garages (minimum satisfies the resident parking Multiple-12 feet x 20 feet each) requirement. family • In the R-W Zone and the Beach Area dwellings Overlay Zone, the 2 required parking spaces may be provided as 1 covered space and 1 uncovered space (5l Required parking may be provided within an enclosed parking garage with multiple, open parking spaces, subject to the following: Each unit proposes either one or two- • Each parking space shall maintain a standard stall size car garage (12 ft. x 20 and 20 ft. x 20 of 8.5 feet by 20 feet, exclusive of supporting ft. minimum interior space), which columns; and satisfies the resident parking • A backup distance of 24 feet shall be maintained in requirement. addition to a minimum 5 feet turning bump-out located at the end of any stall series. Required resident parking spaces shall be located no The required resident parking spaces more than 150 feet as measured in a logical walking are located,within 150 feet from the path from the entrance of the units it could be entrance of the units it would be considered to serve. considered to serve. Required private recreational space shall be designed so Project complies. Private recreational as to be functional, usable, and easily accessible from space is designed to be functional, the dwelling it is intended to serve. usable, and easily accessible from the dwelling units it is intended to serve. One-family, Required private recreational space shall be located Project complies. Private recreational Private two-family, adjacent to the unit the area is intended to serve. space is located adjacent to the units E.8 Recreational and multiple-it is intended to serve. Space family Project complies. Required private dwellings Required private recreational space shall not be located recreational space is not located within any required front yard setback area, and may not within any required front yard include any driveways, parking areas, storage areas, or setback area; and does not include common walkways. any driveways, parking areas, storage areas or common walkways. Item #11 January 24, 2017 Page 112 of 189 REF. NO. Uptown Bressi-EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14-09/CUP 16-01 SUBJECT PLANNED DEVELOPMENTS (CMC SECTION 21.45.080) TABLE E: CONDOMINIUM PROJECTS DEVELOPMENT STANDARD Projects not within the R- 15 or R-23 general plan 400 square feet COMPLIANCE COMMENT Minimum total area per unit designations f--~~~~~~~~-+~~~--------1 N/A Projects within the R-15 or One-family and two- family dwellings R-23 general plan designations 200 squa re feet May consist of more than one recreational space. May be provided at ground level and/or as a deck/balcony on a second/third floor or roof. If provided at ground level If provided above ground level as a deck/ balcony or roof deck Minimum dimension Not within the R-15 or R- 23 general plan designations Within the R- 15 or R-23 general plan designations 15 feet 10 feet Shall not have a slope gradient greater than 5%. Attached solid patio covers and decks/balconies may project into a required private recreational space, subject to the following: • The depth of the projection shall not exceed 6 feet (measured from the wall of the dwelling that is contiguous to the patio/deck/balcony). The length of the projection shall not be limited, except as required by any setback or lot coverage standards. Open or lattice-top patio covers may be located within the required private recreation space (provided the patio cover complies with all applicable standards, including the required setbacks). Minimum dimension Minimum area 6 feet 60 square feet Multiple-family Minimum total area per unit (patio, 60 square feet dwellings porch, or balcony) N/A N/A N/A N/A N/A N/A N/A Project complies. Each of the townhome units have both patios and decks, ranging in size from 7 -255 sf. Each of the residential flats would have a deck with these spaces ranging in size frorn 78 -128 sf. Item #11 January 24, 2017 Page 113 of 189 REF. NO. Uptown Bressi -EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17{A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14-09/CUP 16-01 PLANNED DEVELOPMENTS {CMC SECTION 21.45.080) TABLE E: CONDOMINIUM PROJECTS SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT Minimum dimension of patio, porch or 16 feet Project complies. balcony Project complies. The project Projects of 11 or more units that are within the R-23 includes 125 dwelling units. As a general plan designation may opt to provide an result, a total of 18,750 square feet of additional 75 square feet of community recreation space community recreational space are per unit (subject to the standards specified in Table C of required. The project provides 28,685 this Chapter), in lieu of providing the per unit private square feet of common community recreational space specified above. recreation space and therefore complies with this requirement. (ll If a project is located within the Beach Area Overlay Zone, building height shall be subject to the requirements of Chapter 21.82 of this code. (zJ See Table C in Section 21.45.060 for required setbacks from an arterial street. (31 Building setbacks shall be measured from the outside edge of the required street right-of-way width, whichever is closest to the building. (4l Building setbacks shall be measured from one of the following (whichever is closest to the building): a) the outside edge of the required drive-aisle width; b) the back of sidewalk; or c) the nearest side of a parking bay located contiguous to a drive- aisle (excluding parking located in a driveway in front of a unit's garage). l5I Any uncovered required parking space in the R-W zone may be located within a required front yard setback and may be tandem. (51 This standard does not apply to housing for senior citizens (see Chapter 21.84 of this code). (7) Protrusions above the height limit shall be allowed pursuant to Section 21.46.020 of this code. Such protrusions include protective barriers for balconies and roof decks. Item #11 January 24, 2017 Page 114 of 189 2 3 CITY COUNCIL POLICY 66 -LIV ABLE NEIGHBORHOODS Principle Building Facades, Front Entries, Porches Facades create interest and character and should be varied and articulated to provide visual interest to pedestrians. Clearly identifiable front doors and porches enhance the street scene and create opportunities for greater social interaction within the neighborhood. Building entries and windows should face the street. Front porches, bay windows, courtyards and balconies are encouraged. Garages Homes should be designed to feature the residence as the prominent part of the structure in relation to the street. A variety of garage configurations should be used to improve the street scene. This may include tandem garages, side-loaded garages, front- loaded garages, alley-loaded garages and recessed garages. Street Design An interconnected, modified (grid) street pattern should be incorporated into project designs when there are no topographic or environmental constraints. Interconnected streets provide pedestrians and automobiles many alternative routes to foJlow, disperse traffic and reduce the volume of cars on any one street in the neighborhood. Streets should be designed to provide both vehicular and pedestrian connectivity by minimizing the use of cul-de-sacs. The street network should also be designed to create a safer, more comfortable pedestrian and bicycling environment. Local residential streets should have travel and parking lanes, be sufficiently narrow to slow traffic, provide adequate access for emergency and service vehicles and emergency evacuation routes for residents and include parkways with trees to form a pleasing canopy over the street. Local residential streets are the public open space in which children often play and around which neighborhoods interact. Within this context:, vehicular movement should be additionally influenced through the use of City-accepted designs for traffic calming measures. Compliance Comments The project is designed to complement the Bressi Ranch Master Plan Design Guidelines with contemporary craftsman features. The three-story residential buildings provide interest through architectural features incorporating a variety of colors, planes and materials to provide visual articulation and reduce massing. Materials include hardwood paneling and trim, wood beams, brick veneer, plaster, and board and batt siding. Entrances of residential units are highlighted and clearly identified to provide a sense of place as well as enhance the street scene and recreation areas and influence social interaction as well as encourage walk.ability. Pedestrian pathways connecting to the front entrances are provided to encourage social interaction and walkability. The 4, 5, and 6 unit townhome buildings have both street-facing private patios and decks ranging in size from 7 to 255 square feet. The residential stacked flats each have a deck ranging in size from 78 to 128 square feet. Patios and decks are designed to enhance private residential amenities and recreation consistent with the Bressi Ranch Master Plan. Residential units are designed to feature street and recreation area facing entrances as the prominent feature to improve visual impacts as well as encourage social interaction and walkability. Garages are provided off private drive aisles throughout the development. Recognizing that the layout of the built environment influences the way residents and visitors experience a neighborhood, the project is designed with an inter- connected, pedestrian friendly street network designed to encourage pedestrian and bicycle use to reduce automobile dependence and enhance the sense of community. Access to the residential community is provided from El Fuerte Street, Gateway Road and Colt Place, with the primary entrance on Colt Place. The residential community is designed with an interconnected network of drive aisles to easily access resident parking and garages, as well as provide access for emergency and service vehicles. Pedestrian pathways will be located throughout the site to allow residents to easily and safely access the adjacent retail/general commercial amenities in Bressi Ranch. Chicanes, or pop-out features will be provided on Gateway Road betweenA\icante and Innovation Way, and Innovation Way and Colt Place to assist in traffic calming along Gateway Road. Item #11 January 24, 2017 Page 115 of 189 4 Parkways Landscaping and street trees are provided to enh~nce. architecture, provide green areas and screen park:mg m Street trees should be planted in the parkways along accordance with the Design Guidelines of the Bressi Ranch all streets. Tree species should be selected to create Master Plan as well as the Landscape Manual of the City a unified image for the street, provide an effective of Carlsbad. canopy, avoid sidewalk damage and minimize water consumption. 5 Pedestrian Walkways Consistent with the tenants of Smart Growth and sustainable development, the project is planned as a Pedestrian wal.kways should be located along or pedestrian oriented community designed to reduce vehicle visible from all streets. Walkways (sidewalks or trips while fostering community and connectedness .. trails) should provide clear, comfortable and direct Pedestrian pathways will be located throughout the site to access to neighborhood schools, parks/plazas and allow residents to easily and safely access the adjacent transit stops. Primary pedestrian routes should be retaiJ/o-eneral commercial amenities in Bressi Ranch. bordered by residential fronts, parks or plazas. b Where street connections are not feasible (at the end of cul-de-sacs), pedestrian paths should also be provided. 6 Centralized Community Recreation Areas To encourage pedestrian activity and create gathering places wherever possible, plazas have been located Park or plazas, which serve as neighborhood throughout both the commercial and residential meeting places and as recreational activity centers developments. Pedestrian paseos will link the residential should be incorporated into all planned unit neighborhood to the shops and restaurants located in the developments. As frequently as possible, the_se retail/general commercial center. Consistent with the parks/plazas should be designed for both active and Bressi Ranch Master Plan, the project has incorporated passive uses for resjdents of all ages and should be three neighborhood recreation areas to further promote centrally located within the project. Parks and healthy lifestyles, connectedness, and foster a sense of plazas should be not be sited on residual parcels, community. These recreation facilities include a pool/spa used as buffers from surrounding developments or area children's play area, bocce ball courts and to separate buildings from streets. shuffleboard, in addition to passive amenities including benches and dedicated green space. Item #11 January 24, 2017 Page 116 of 189 -------------( {city of Carlsbad DISCLOSURE STATEMENT P~ 1(A) Development Se r vices Planning Division 1635 Faraday Avenue (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: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, 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, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person __________ _ Corp/Part SP Acquisition, LLC, a California limited liablllty company Title ___________ _ Title _____________ _ Address Address 9990 Mesa Rim Road, San Diego, CA 92121 ---------~ 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in. common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, 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, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person __________ _ Title __________ _ Address _________ _ Corp/Part HCP LS Carlsbad, LLC Title ____________ _ Address 462 Stevens Avenue, Suite 107 Solana Beach, CA 92075 Page 1 of 2 Revised 07 /1 O Item #11 January 24, 2017 Page 117 of 189 / '\ 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 ProfiUTrust Non ProfiUTrust ·------------------Title Title ____________ _ 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? D Yes I.fl No If yes, please indicate person(s):----------------- NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct t h12J J{2,,.J) . /! f Signature of owner/date Si Mike Dorris, HCP LS Carlsbad, LLC Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Mike Howes, Howes Weiler & Associates Print or type name of owner/applicant's agent P-1(A) Page 2 of2 Revised 07/10 Item #11 January 24, 2017 Page 118 of 189 MAP 15b30 LIH£TASLE HIJE 0/RECT/r:tl LEMITll u~-- NIB"O'l,"E H 51°J1'IO"'E HU"Z;!:'OZ"E CURVE"TAIILE HIJ.E OEt.rA IU.DIU.S ~~-- '" "' 11"4J'So"' 111•J&'2.1" 12'41146'" 14"211/ili" !l"fl'.S6" 11•u's1" 29'41116" MAP 14%0 ) VESTING TENTATIVE MAP .UPTOWN BRESSI -CARLSBAD, CA GENERAL PLAN AMENDMENT 14-04 MASTER PLAN AMENDMENT 1 78(1) CARLSBAD TRACT NO. 14-09 PLANNED DEVELOPMENT 14-10 SITE DEVELOPMENT PERMIT 14-13 & 16-06 CONDITIONAL USE PERMIT 14-09 & 16-01 ENVIRONMENTAL IMPACT REPORT (EIR 15-01) •LOCAL FACILITIES MANAGEMENT -PLAN UPDATE (87-l 7(A)) EASEMENT NOTES• G) nwrn: Srr;NAL " /fOAD EASDIEJIT. (Al'FECl"S' tor rJA DOC.N0.86•SJOJ4~£lATEZI IH!l....r @SDC,1E£ASENENrw:F£trstorst1•z DOC. NO. lOOJ'·US1"Z. OATm f/-07-oJ @.srx:1E£ASENENrWFV:rstcirmDOC.µu, ZO(H-09/KJfill,D.tlEII I0-5-0fAIIJ tJOC.Ha. to0f•UJT.JJ2.0Aml 'fl-lJZ-{Jf CD HrJA tAMJSr»E" liATNrrJWa ~r wi:Errs LOT'S~JO,J/I.W./JAl'ftfJ.Hllf;O£lATEZIHf--05 @ ~t,//CrE!J SICHT otsrAMX CQ'llrR1Q'I' wnt'rs tors ~JQ.JIJ,IIAP NO. HfOO,.£lAl'E1 :s-z,-ru ND IIAPHO. HSIGQ.DA1DIZ..(),l-0S @ stlCIEEASEJEJlriAFFcr:T'SLDTSJOI..W.OOC.HCI. !'005-ou«)Q',.IJATE:Pf-l,-OS (D SOC,,EEASCNEHTIJR'FCTSL013H* .10,I. o«.NO.ZOOS-Dn.f02,£lATEZ1 f·fKJ5 @ OOER.AL !lnl..tTT I AetuS EASOl£Hr WFErrs LOTnJ,OOC.NIJ.ZOO,-otJU!JO,£lArED5-(l5-()J LISTING OF EASEMENTS THAT CANNOT BE PLOTTED AWATtOH EASDENT,JXJC.HO. fT·45Z.JrT.DA1"ED 1-11-41 AH) DOC.H0..17-frzzn.OArrD ~T \ L ' >, / MAP J 5bb9 ~/ ORIGINAL PLAN DATE, NO. REVISION PREPARED BY SHEA PROPERTIES ' "'~"""""""'"'"'""' •nooomllC EXISTING CONDITION C-2 ;, L__:'"':::M:'~::.:m:M:•o:•:o~su:":'~n:o~~=•~o:~G:o~.c~,~·:'':"~----------------~~;;j':'~P~~~~~=~:"~,~~=:~::~~:"~~~:~:;~:~~"f:'~u~:;J_ ___________________________________________ ~~~J:ii Item #11 January 24, 2017 Page 120 of 189 ------......----------------------------------rrr ____ _ PALOMAR AIRPORT RD ' . I ' I ·G VESTING TENTATIVE MAP UPTOWN BRESSI -CARLSBAD, CA GENERAL PLAN AMENDMENT 14-04 MASTER PLAN AMENDMENT 176(1) CARLSBAD TRACT NO. 14-09 PLANNED DEVELOPMENT 14-10 SITE DEVELOPMENT PERMIT 14-13 & 16-06 CONDITIONAL USE PERMIT 14-09 & 16-0 l ENVIRONMENTAL IMPACT REPORT (EIR 15-01) LOCAL FACILITIES MANAGEMENT PLAN UPDATE (87-17(A)) ,· ~Dr4CU5SRIGHTS """""""' W.JDRCOh'm.lt lTORMDM.111 """'"' MlHOA COtHOUII MA.IORCOl<TOIR ST"DMDAAINIIILET/c,0, SUIIDtvlSIGHIIO\HCl"11Y i~~=~::r SPOTi.llAD( Oll'IU-m)tllilf'fl.OI' ..... ._ ... "'""" &IDll£TDm!lNI.UIH 11WGTOfllCEII UICATIOII Sl~DUIN,\C(,11'1, /·'"11WEAR.£rA'I\HI. ~~.:~ lUIIWO!I.TUNO lolDGIUIIIIETUMl5 IIICl!TllrHYDEllJCAllotl~ ~ Item #11 January 24, 2017 Page 121 of 189 - PERT/ES SHEA PRO DIEGO.CA 92121 9990 MESA RIM ROAD, SUITE 220 SAN VESTING TENTSASTI IV~~~BAD, CA WN BRE • UPTO MENT 14-04 GENERAL PLANAtt~~~ENT 178(1) ASTER PLAN NO 14-09 fo~~tc? ~~\~~i~~,T~4H~6~ f 1 tgf SITE DEVE NAL USE PERMI CONDITIO ENTAL IMPACT w:iR~~~l~l~l-iS1 ~ANAGEMENT LOCAL P FADATE (87-1 ?(A)) PLAN U -. =... IIIIIIIIII..III PROPOSED UTILITIES Item #11 January 24, 2017 Page 122 of 189 GATEWAY ROAD EXISTING/PROPOSED SECTION IOllAllflllMCL~~~10'sh:~~',1,COVD!&'ABI ... COLT PLACE EXISTING SECTION f!Ht,\11~ IIO.~oo,5~1~:fiieti~tlfiV.; U'~·,-c: O'tt!I &'ASI "'"" li.x.211 ~~ SECTION 1-1 SHEA PROPERTIES PUILDll',t':F ~ Q.fUEllTCSTllEET i 10~' ftIC~T--OF-11.1.Y EL FUERTE EXISTING SECTION Gl,U!!'MIIO,;JJO•LltlllstllttTSEtllOHJS4'ACOVtRC'A&) SCM.£,HOftllJ1"<10',lfOtT,f'lo.l' SECTION A-A SCAl.triiSiut.r'>111',vtln',r£t' NO REV1$10N l!El!POHStT01STMlVIB'CO~ lltSJ'OHSCTO'lNDIIEVJOIDIIEKTS RICJ. SECTION H-H ~H01W.,f"10',vt1mr4' SECTION K-K it.i.i.£tltll'UZ..,..1D',YD1T1,..... VESTING TENTATIVE MAP UPTOWN BRESSI -CARLSBAD, CA GENERAL PLAN AMENDMENT 14-04 MASTER PLAN AMENDMENT 178(1) CARLSBAD TRACT NO. 14-09 PLANNED DEVELOPMENT 14-10 SITE DEVELOPMENT PERMIT 14-13 & 16-06 CONDITIONAL USE PERMIT 14-09 & 16-01 ENVIRONMENTAL IMPACT RB PORT (EIR 15-01) LOCAL FACILITIES MANAGEMENT PLAN UPDATE (87-17(A)) SECTION L-L SC4LC.ll!Oll~'l"IO'.Yen,'"41 ORLGINl'\LPI.ANPATE"; Jl-24-11)14 PROFILES/SECTIONS ' j ,! l ;; ·n L__----------------'==='===c::::==:'.::::::=J___ ________________ ~~" 9090 MESA RIM ROAD, SUITE 220 SAN DIEGO, CA 92f2( Item #11 January 24, 2017 Page 123 of 189 _ PALOMAR AIRPORT RD _-------1-------------~-~ \ WPHICSCAlE1"•40' ., :-, FINNILA PLACE \ VESTING TENTATIVE MAP UPTOWN BRESSI -CARLSBAD, CA GENERAL PLAN AMENDMENT 14-04 MASTER PLAN AMENDMENT l 7B(I) CARLSBAD TRACT NO. 14-09 PLANNED DEVELOPMENT 14-10 SITE DEVELOPMENT PERMIT 14-13 & 16-06 CONDITIONAL USE PERMIT 14-09 & l 6-0 l ENVIRONMENTAL IMPACT REPORT (EIR 15-01) LOCAL FACILITIES MANAGEMENT PLAN UPDATE (87-l 7(A)) \ FIG 40, SF FIRE lRL<K 'fldltl Tr~tk Ut~ f•l.lkll• SIUrll'"JN'l!II• .1.5'' ,1.s• ,,,. "' ! I OOGINAl PIAN DATI> 11,,,.70,; ,! SHEA PROPERTIES FIRE TRUCK TURNING MOVEMENTS EXHIBIT ·i ~~ "ii 9S90MESA RIMROAO. SUITE220 SA.NO/EGO, CA 9212( '-------------------=============='---------------------------~~Ji Item #11 January 24, 2017 Page 124 of 189 PA~OMAR AIRPORT RD VESTING TENTATIVE MAP UPTOWN BRESSI • CARLSBAD, CA -------- \ GRAPHIC SCALE 1•= ~O' NO. PREPARED BY COMIOOS IUCl £NC!/£n!IC tr.w,ICNn; IUtJ, EJ100£W!I:; SHEA PROPERTIES GENERAL PLAN AMENDMENT 14-04 MASTER PLAN AMENDMENT 178(1) CARLSBAD TRACT NO. 14-09 PLANNED DEVELOPMENT 14-1 0 SITE DEVELOPMENT PERMIT 14-13 & 16-06 CONDITIONAL USE PERMIT 14-09 & 16-01 ENVIRONMENTAL IMPACT REPORT (EIR 15-01 ) LOCAL FACILITIES MANAGEMENT PLAN UPDATE (87-17(A)) FINNILA I PLACE ORIGINALPLANOAT~ 11-2'-20" ,! I COMMERCIAL TRUCK TURNING MOVEMENTS EXHIBIT C-7 .!; ·~i ~~~~~~~~~~~~~~~~~~-'====================='-~~~~~~~~--~~~~~~~~~~~~~~~~-li cot.llE.NT'S RIUEHtl>UJll.'Ci 9990MESA RIM ROAD, SU1TE220 SANDJEGO, CA 92121 Item #11 January 24, 2017 Page 125 of 189 Drawing Index Public Service ~ --V·\T"(;/£.'IC,'O, tlti'IJl,\N.-.W~rt.*°'"'l'-''r"•ffl."lM o.t,~..._1t,M(l;al•it.K•c--...°"""'c,-r,~ IOll)Q..tr.~,<~~lkV~t.~l:XI ,,..~~""'~~ r-Uptown Bressi Retail Center Exterior View of the Main Entry Project Data <l"U:IUll.'O. U.:-.. fffllNt"'°' ..... "'' .,. ..... ,. .. -"''--el!"• ~~:;:, .. :=-, "')c:pjiLffit..cil~ ~!t',t\lOC1EO:,OM:Ul:I! "-rt'd l'NCl!r4~~:, ...-w-lNl-.41'" ~ • .,.,,1r01<1o!o~~t1 l,IC)n::l'~~Tl,QX#:J~C-1,..W,,C; ~GTIN:)lfl.¥;,ririer -- , ... ~~~N­ ""'lf' •l!Vf!1•YW 1..111,;., ... ,,...,Jt..wt'-J.W ·~lf1 .. ,..., ... , ·•11'1,1';.lft•l-,--111'11iM G,,ll,i&,lQ:A.,•""" ff,! ,,.ru,.-,..:.. ~.ic-.~o6.0'0llll .. -.:rt0:l\ • ...,, ... ~ ..... ,.~1.-, ,~o--1n ,.~ 111••1~ flll.'1ll""""l'f'IIL ... -.O~N-~¥ai, '~~UIO .. , .. ;;tu,•,.,.... ,.'!. t\..-u:O'"""'"'' ~OIMM,,..,;,,NL'Q-... f"~IC,.lo..L. ~~f\AJ!l.lfOid> r.;>~Jt.1-t,,..~ I ,tl'll:.Mi..'J,MCW• ---ll\j~ ~0,.-,,.,(1\.U.-.A, ...... ~'"'""· iUffl.ll"'C~lt""~ l,TC~MIUl'tl.tl,i ..... .:.,,ro,1 t:,,.;d 11)•~!4\ 2.4',"f,-'C.-;_M !o,i\llt!~t; .. 1,~·£11...., ~...-,.-,,w.~ ~-.. ~ .... """'-......i .. ,,,._w;,~ 1·0iJ(,ll~~IGtr'-NUl'lll.0 lt ... 1'.G:i .. '<~~ .... ~"~,:, l.oo~W,,c::lllll"'~•~ 11,~,tJl.'!1'.A.I ~-<,q;f~~r'9CWc-• ----n -.... -IW::t.'Uit.~~ ~,..;A',.ic,,IV' flloll~'LO"'it""'"1 "l:~t'~,.., qc,_....,..,.,,v,, .._~,I ........ ~-· ....... rrn. ~.-.-~u "'"M ,,.._ 0.1¥!1,'0lloi.'1'.i:tc:tt'N 1-cl ~"-ll t,.ttJ..•,i,QU"J~ c:r...c""'*~ .. ...-11<14 ...... 1st Submittal 11/24/2014 2nd Submittal 04/06/2015 3rd Submittal 03/10/2016 4th Submittal 05/31/2016 Vldn~ Ma'"---------~- ~~ ... ,ihdlt«is ...U.~Ofdl)t,~S... SililllS .... tlwg,,I.QJllll'l lmt7'1·4m ---~,~ .. -~~s .!,OP51boft,1 Q)((,lflilU W~Mm<IIC -"' _ ... _., _., -.. _ -- ... "" Item #11 January 24, 2017 Page 126 of 189 ' .J uae AI/D PARKING su1,11.1,.ny, SJTE PLAN LEGEND ----:::;:si~~Wf -- --,--~-.w--. .,._~,..,. ---=-~ ... O(IU)'IMN .. ~-~,a~ :::~ ='i==.~~ .. ..,.~ ::::==:. --- :==.~°'t~ ... ..... .,, ~~·"°"' JtoYOINd,t,m'..,. 5:::7.~ t11~ni:.:11t•WUfOf,'Q nll\ ..... ;.-+. .. ..;,.,,_, ..... --o,,..-.. lln1'*• .. ~ ctt.'Wf)O)S SC)!'~oYl((JOll -SiOl'~MiJ)l;Ui ,,_.,,, _ .. DoffitQOIU ~:01• °""" .. ....... "" AS1 Item #11 January 24, 2017 Page 127 of 189 \ \ • 4t"ICll"AOOFl'OPP,V,PN4a. wt;ES.PATM,mDH'JWHEEI. ---YM£Ei.PA.Tll-R£ARWHE:El. ""' Job Number 13071.SSO AS2 Item #11 January 24, 2017 Page 128 of 189 RDCFIC'!'!lJ",:,.CEQ:Ji/'1'£l,ff,liO~-ow.,.1TY,~Ia,M<DL()l';ATICk&~!'CR I ~I ~""1.'l'".~Toeca-ilrre:> • " ~~..:.k"'."':'~~/;';, 'I ij l m.lf'tlEl,IT,ll,t,l,I.J.~l\0f~u;pN 1 1 Ii ~~----~,w, ·1 I tcli£00kl!aTIEllOO'TOPLIMI, I fo.l;M.LL!',ECf''!GtlJillr.E!I ~ , 5EEDEf,1,lt.i1~, ·~ I f. 1(+'j---Y'19''""-: -------------- TRASH ENCLOSURE ELEVATIONS 'F'l,!CPO!,EO~,/El;TCO"lF'l.lE!l~ll-1 c;.i.,"!l,.&EMD eL~G. i.EIG"IT DEf!NITIC!,I (Wl:,./6 o•es:a~...wcE 6ECTIO. i1£.1Ze!II lYPICAL IBASH ENCLOSURE PLAN 3. Typical Trash and Recycling Enclosure STANDARD PARKING 1YP. AT 1YP. CORNER CONDmON 1J 11 1 1 11-kJ J1!{ T'rf'. STANDARD PARl<ING 1YP. SINGLE-LOADED W/ PLANTER STRIP APPLICATIONS SUBMITTED: 11111.,1,1M;11.t;Dr~IW' f\.l,'llll~11'fntr !>'lcot.',~Tl'V/1 51E~llpU/I ...... 1 C.0:~tUl'OiMl O.l"~-M /f'lllfl! 'i:t;1'()~W:"lR'tl" CJ'III-DI ~r~ BM~A!.11"1.C1~ &.~ .1\C!U, LOC.ll-,J(°~£5~T !tlf'll-ll l"\.#<~1 UWl!-11.4 ~111-a ~f I ijl ~1 m11· ~I I I : I I : i I ! ',·~~t 1. Site Section A-A 1.}-{ ___ .J STANDARD PARKING 1YP. DOUBLE-LOADED ACCESSIBLE PARKING ONLY 1YP. SINGLE-LOADED W/ PLANTER STRIP 2. Typical Parking Stall Dimensions SmlthCon1o1.dt1t1!)ArdJltects llUOE~~O'CCk~5co.lill s~m-~~o, gius (8S9)7!1J·~777 ...... ,~,-· ··"'""'+.:"""'""' rssuepates SOPs.ibrnll:tal ll/24/Wl-\ SOPS~bl!GI !M/06/2015 SDPSLIIJ~DJ/10/2011, SDPS11bmRtal D5/Jlf,Z0l6 Pem11!:set o.....-Sct DnrM11gDi1te O!/l0/2016 "' 13071.SSO 4. Typical Roof Top Unit Screen '--~~~~~~~~~-'--~~~~~~~~~--'--~~~~~~~~~~~~~~~AS3 Item #11 January 24, 2017 Page 129 of 189 l -U i~l ==vt~-------~~"=-------=c -____ _,._=:-cc.==:_· __ ---. -:--~+---( 1J -V I YTn ITT· ~/ -I JI I I L J I ', . I . . , l I . . I 'I . J -1 L--· ~~~~ i !i§~ I' J " I n L + -.-1\) s: t ~OJ~. 1; gQ O)> U> ;--+, Uptown Bressi Retail Center Northwest Corner of Gateway Road & El Fuerte Street City of Carlsbad, California -·---"-·. Item #11 January 24, 2017 Page 130 of 189 l) ij n> 1. Shops E & F Floor Plans I 1 11 ~~ LJ-L_j \ <zyJfr, 1111 11 1 1 11111 n / Bldg. C + I-11,600 s.f. ny 2. Building C & Shop D Floor Plans I ' , / /~' I fi /i • <ti 1Ji-J Gate-Na)' Road Site Key Plan n ft nv 3. Buildings G & H .... _.. r.• i......r-,__,J sc.11..1!,W.'•1'·"' SmlthC.e11!.l,~!r,gArchltects =\~k'rJICndOrlve5oulh San~,IO,CA9li2B (85!1)79J-4m '"'"' ...................... .. SDPSubmlltal 11/H/Wl-4 SDPSutunlttal (l,l/06/201S $DPSubmltti!I 113/10/2016 S0P5ubmllt.ll OS/Jl/2016 Drilwlng Diltz 03/10/lOl~ """'' 13071.SSO A-2 Item #11 January 24, 2017 Page 131 of 189 Ma Joe A -Grocery Stora Major B -Pharmacy witt, Dtiva Through 1, Partial Site Pfan -ln·lfne Mafors A & B n~ a. Malors A & B -facing parking Field b. Major A· Facing ResldeoUal 4,_t.@lors A & B -Facing Palomar Almort Road APPLICATIONS SUBMITTED; c;ea,t!"IJ.jj~ !'IM!EP.RA/Ai'eO'Blf lB/IJIIMSll.llOt~M.lf' P.,...Dl:,E,..'"'f'l'E:f'f'El'tlfl YIE.~tPc-,lu (L'J,ij,c,41,:,;>Dlllr:•U,UUm;l"'II OPM·.:,, 11"1WU ~IJli:f[ftll! OP\l,·OI Cf\4-C') ~!111.tf'~~ 5-Ci N:iM·" t.OC:il..F.IC.U101~ !OP 14-:, F\J#Hl'EC&.f L1'fP 11·1\,( !'.itll'l:>·N> EXTERIOR ELEVATION NOTES & FINISH MATERIALS LEGEND &; ::::.::::::~-~ ~ l.l['r,u,,tun·"'Htm ffi ::;:-:::~--= 0 -·~~<J[,\1-,11 ...... :t .... .., cv~ll>lu\kl:!<,1iK (!) =•=• (!) .. ,U,tlUIOWl-- 6t\ t,;~\"Pll~ @--(it)f>'Ul;P!,:l<ff1"1"1.o,t {iii "SM'°<•~•• @-·-··-··-® =,".,.,, ..... "~ ...... .,.,,n ~·) ,,,..,,...,,m-,.,,...:allf ~t11.1;\flA:M.M,oollCl;f"llf!AQ'1 ~ ~n,c-.-..., <!,!) ... , ....... ,. . .,.,., ... ®1,o\JIWQ.-Wllilf>'il<IJ. i;l ::=:::~··"''"'" ~i :":=~~I (~) W("l .... 11(>.1:ll'l;O'll! ®""~ @, !",'3-hll><l•S<Kll)O'!lflUe Majors A &B SmltN:t.AAJk1r.gA1diltects ll2&0E<,,.i)WJOMO."-!So,,olh 5'Jfcll5 SM~,C\ 911211 (SSS) i!J3-~7n """'"1\''""'"'"''""'"" sopsubmlltal 11/24/201~ SOPSubrn!tt.11 04/06/2015 SOP5ubmfltal 03/lon016 SOPSUbO"Oltal 05/31/2016 l'l,JniltScl DrnwtngDate W/l!l/2016 NB ----· A-3 Item #11 January 24, 2017 Page 132 of 189 1. Partial Site Plan -BulldlnQ.Q.ll ny /··./ J !M~!lil I I I / g. Building E-Facing Parking Field and Residential Units h. Building F -Facing Parking Field and Residenliel Units APPLICATIONS SUBMITTED: Ge.a.lJ.l"\.JH~ kl,Stff!~~ TBIIAM61.EOM!IO!truP l'\.,IIIDl~1fflstT ~lcr.l:~f\.,111 ~l!:~F\.111 ~~f+.Olli:otl)j~IZf:Fm'!I CIJ!"M•C'!I l'f'l'Mll ~U5£1'm11 or.,.or CT~ &MR:J.r911.ot.M".IO~ ~ti <u:,ij,1;JUX:4:FJa..na~1 !£'1"1!-3 oUHo!rSCtO:! Uff'tHl;I ~',\ . .:., EXTERIOR ELEVATION NOTES & FlNIS.!:iMM_ERIALS LEGEND ~ ::::::::::::~~~ (~~'llll!llH .. /lt!I &~==~<((fl .. © 10!""'•~-... -cy .... ,i:rpor. m-~·-·-JllllmlQlln ~·'IL',01~ ti,) •o·-• @"l,ot11\'ll,UII \3' nll"IP'tbUforn.11! <f!)1Cii,i..\f,!,,0 ..... 1tti, @i-·-_, ....... _.,,.S1/,K.ll (i!·1 c.cm~'.11•~·~·(>.uu«t~ (f~ tt,w11,o,,--.:..:u,, {e:)<KWIUl'(Wll!U,~ll ~) ==~= ~ ~"·~~-.. ~· r,; .... =_ ..... ~ .. ~-·-® ~· .... -·~'"'rl'I @0'1/ll;llt.lllilffl\.UlE!qfl ® "'"'"'"°"' .. .w {i,)~•m,.- <:}im""' {~1 c,,.ru1ro,,,s•..,<!MV"'.tl" Buildings C & D L.r-L .. .J ,c.,u;\'\O'•l'-o' Buildings E & F k~' Smlthet.o-,S1,!lt1'9Atd1Jtf!cts U280fw:,\lngCmi·Drt~!".o<d~ SIAlnll'i ~Clk,p.~ ~21211 (851:1)79l•4m ,.,., ............ u.,, .. o,.,,. SOPSLJbml!ti!l llfl'l/2014 SOPSul;Jrnllr.,I IJ'I/C6{2015 SOPSidl1tdtt!I fl3/J0(2016 SOPSubrnltbll 05/31/2016 l't!rrrit~ Or.lWTI,g O~t.:! 0]/10/201(i ...... A-4 Item #11 January 24, 2017 Page 133 of 189 Jf' I !I d. Building H -facing Plaza o. BuJ14foo.G -Fl!£lm1..e.1aza I 1-Partial Site Pl&n -Butldlnge G & H n¥ APPUCATLONSSUSMITTED: 66£1<1,,L~~ t'_.j6)D!.'°I.J,N~ rc!lfAltt'E~tM,:i::tj~ IV,.~Clf.~1FDH! )111:Pl:.~f\..lll S:![DlVE.m't'<'fl'\<11 G/"414.i>l I CO~IK~ ~M•t'l ~r-.1, =111c:l!ll!.i££FVnl' or11o-D1 "~ N!l!qttffli'l.M'.&cl~ l,.f:l Rlll4·'CJ.Q;.4!.f.i.";.UIU!~ !(}f>l4-~ 'l,al,/.11~! U'ff>.-!•114 X,f'l(,-ft EXTERIOR ELEVATION NOTES & FINISH MATERIALS LEGEND (,!_) t,.1Em'la"-"Q~~"' ....... ~ •m-"va~~•·•·-(.i ,C,;[111(\J.l!hl'.'tli'[~ IB :..=::::."_'" ~ ::-=~=•=-lilWOI © ·~·-· 0-·-'"""'""" @ ·~··-@ --~ (i!)».1!Ulll-t1Mll.Olt: I@ -·-·-···-a,,nt-.-11'-'-IRJ!-. ·-"""''<lo>l....:'11, l!e<INTl.liwall,,.,O,LU<:K; i """""·"'"" utt .. CO!l-~llt'C 1,ur1.:::I.01~:s11U.O•""' @ l~tl,<U:3.ld,114t/114'11oll-o,I\U @j.....-,,........,.rwi,.,, I. ··--·-··-lfo(U-~·- ~O .. ~W.ll'OCUI !l!'[\W.l. rl.l.ll~~~-...._T f, Building G -Facing Entry and Main Street -----"-~-"'-----------------------,---------------------..2.A.;E"l!,l,T """° --------------------------------------------Buildings G & H U-L..J g, Bultdtng G -Facing Gateway Road h. Bundlng H-Facing Gateway Road ------ K-•.t,llot'•\•P' Smltheon",hlr,gArthlled.s 13280&:mnirOa.i:DrM!~II SUltt:125 ~~,0.92U8 (858)7!13-"777 .,.,, •~"~""''""' u""""' SDPSubmltti!I U/l'4/2tlH SDP511\lrflltliil 04/05/2Q)S SDPS\1bmltt3I OJ/I0/2016 SDPSubmlttal OSJ3l/2016 Pt!rmltSc.t ConstrualonSel: Drawn&,· ·- A-5 Item #11 January 24, 2017 Page 134 of 189 ~~~ i!1ri/ ~D~~:1{31 t0i1:~9 EIR 15-01/LFMP 87-17(A) CUP 15-01/ SOP 16-06 UPTOWN BRESSI CARLSBAD, CALIFORNIA BY SHEA PROPERTIES VICINITY MAP PROJECT DAT A PROJECT TEAM AREA ANALYSIS ... _.. ..... __ .... ___ , __ O'.._ ..... .,,_ ·--••..o-w_,_,,,_ -· .r -- -. .... • - UPTOWN BRESSI --.. "'6115'7.IIJOlt'l'll)!OWG -·-._1.--~-=~ - COVERSHEET -- S r A ft t. ~ ARC>llltt tU C i ~!) fl.Crn,p BllU.£i41,'0 $0!ff ll)O $.ill ("E:l,.) ~IF~.114 ~211)i SHEET INDEX ri~~~~1~ . ·--• ...... ..-... :--$~-=-! J:!!S:r-S:~~ :'_:.~:;-t~..::~; --....:, ...... .. "--~·-~~;;;;;;~=. -: iS:5!-:E!~: ~-··•ot• r '!'.:::::::::.: .. :·:..~=-.. ~-~~=!~::; -------· ,:..-.._ .. , ..... :. ..... Item #11 January 24, 2017 Page 135 of 189 UP10WN BRESSI ....... _ ~M-Hl~NQ IIESIOENTIAl SITE PLAN 5 r A ~ t 11, ARt:111f E truq e • let.Fi ft.f.:Tn.Q 8<>.A.tVA.olf# Wt! ltw) s.Nl OfiO \:Jil.l'"~IA 'll~ 02 0F34 a /.Rt>1fTECTW tertflc r fftSQO -«, 'f t11/.Nq ,t,<J ~ r!~ ,',,~ .:~ nrif Item #11 January 24, 2017 Page 136 of 189 3 2 I ------ L-----------...L---------_J UPTOWN BRESSI --r,11,1i,10,~1'(11HKJ FIRST FtOOR PLAN 4 UNIT BUILDING 3 I ___________ ...J 03 OF34 S f A I<' I -. {/\ IA't1•1T8,7i\.F~ t.!Cfl'EE f 1~ I\ 't t II I 1 l-t ZC,,,5 lo.ffTt<I &::u..t\l·~ ,Su 1t h>O: f' \. A II f N 0 f~li 611/ Z'./9 iON PM ~1\1 ~S 17o4 Item #11 January 24, 2017 Page 137 of 189 UPTOWN BRESSI ~MCtUa lt'l'&l!.)1Q,io6!POJ:N,.'O 3 2 r.==-----c::::~-~, ~~ i ', ~ 1 'i' t l\ A tf C II I I: C I IJ E t tO(.~ ht:~L~ 9Cu..Nt~ ~T!' 10\2 Sln t,t.(.(I ~oi.rne. 92trt1 -0 p 1 PUD 14-10/SDP 14-131CUP14--09 EIR 15-01/LFMP 87-17(A) CUP 15-01/ SOP 16-06 04 OF 34 0.\ .,,,:;,:,~C,U,",\1 tJC£t,f:t ~ d1~6(l P-1. 4 U t H n F!Jlt. 61? ~ ;'ON Fi.A: &lq 2tiS 0.1M Item #11 January 24, 2017 Page 138 of 189 UPTOWN BRESSI QE,t.1-<ClolES ..,.,,s,o,~n-,.o 3 2 lHIRO FLOOR Pl.AN 41/NlT BUILDING 1 j. f A;; t. I', A tt C II I c(,t(,,S f,!TI't€• 9cM..t'IUIO ' ..... 3 I vMI GPA 14-04/ 178(1)/CT 14-09/ PUD 14-10/ SDP 14-13/ CUP14-09 EIR 16-01/LFMP87-17(A) CUP 15-01/ SDP 16.00 05 OF 34 C,\ ls.'C.HITl;';Tl.Pl\1..1.JC&t:E C 10&!0 I~ J. l ll ~t I H It f\l!t: ow tin ~o f£J.: &1Q '2'-l!i ~,~ Item #11 January 24, 2017 Page 139 of 189 UPTOWN BRESSI ........... !.l•ut• ::x,uc.~u tJNG ROOF PLAN CORRESPOND TO 'A' EI.EVATION ROOF PLANS S T ~ I.: t t. 4 UNIT BUILDING A Jt C H I t. C zt,t.,S ~'°~t'IAl,Q ::iUlff; 100 I U SJ.it L'i!Cu PA 14-04/ MP 176(1)/CT 14-09/ PUO 14-10/SDP 14-13/CUP14-09/EIR 15-01/ LFMP 87-17 A I CUP 15-01/SOP 16-06 06 OF 34 CA 4,C:01,re.,'Tt~AI.. Ut:(;NSE C h"ffO r l A N I N 0 F1,c. t149??91Q;u r,U! 019lCISllibo Item #11 January 24, 2017 Page 140 of 189 UPTOWN BRESSI GHCAIJC)We:.5 6/1\llg~1~5.0¥,G EXT. ELEVATIONS 'A' s T A n t >. 4UNITBUILDING /\ ~ c ti 1 1 t c Slt6~•,t.4" tf;t.'5 1,E"fT+e'-~-~£ li\l El.EV, KEYNOTES- i ·~-·-~~~ .... '0 ... -... , ... -.. w GPA 14-04/ MP 178(1)/CT 14-09 PUD 14-10/ SOP 14-i3/ CUP14-09/EIR 15-01/ LFMP 87-17(A)/CUP 15-01/SDP 16-06 8}~'"7,:...-.... ,....e,e>,u-..,. EJ ~,.__'"<tO.AU.- 1 6 ;:;.:-::;:;-:;:"w,,o f>r.'11·~ n ,~41-,,..,._"' s:~--~,w _ .......... ¥ .. , __ ,,. .. t, .. 'I~• ---!Jflti. .. >ft....._ ·-·Ul~ ~~t!ll,f11 .... ff'W' ....,_~ ........ ~"""'"'!.O<lt<iO,.-~ .. ,..._,.....,.. • ...r.o1-..,_r_ .... .._ ..... m---·,.., . ..,.. 07 OF 34 CA .1PU11lECllPltiL LICEl'l.iE-C t~ M I H G ~U: 61q!(l5 ,0o6 Item #11 January 24, 2017 Page 141 of 189 UPTOWN BRESSI !lt;E.Ato.!U !>111t1•~tW...<iPUONO EXT. ELEVATIONS 'A' s r ;. R c fl. 4UNITBU1L0ING A R-c u I , t c I u t: Z'Y,S J',C'flltlr ~Uo Sli11! 100 ~M1 l'Cllt ~.tU,,~"4 • ~zn> fl.EV.KEYNOTES m==:= .. ~- ~~".._ 81 u•-ro-~1.,....,•e,.,,..:--....-... ffl ~·~--·-·-o<l!'._,.,..._._;.o,, ... ,,. -----f; &ltf;f"- 1 ~.~.-. --~ _..,,,..µ,; ...... ,..a "~, ....... .,i.L;,t,t;t,,."'C"O. --··1-.. Q..--P• ....... ,..,..,.. .. .. .....,.Vlf.O'UI.L ~·"·-~ -· .... -....... ""' ... ---~·"'· ..... ~~-~-.. ,·'-"'' ..,.,;-.,,.,..,. ... ~---~--~·-·-mN·~·-·I"- 08 OF 34 U tJ:'(..HITE(ll.G'N.. t.tOCN:.E C 111.-60 f'l A UING ti,:c: 619 m 1C;a ru:: tiio ?r,s l'ibt1: Item #11 January 24, 2017 Page 142 of 189 UPTOWN BRESSI t,C,1\1"°""4 ~11,1.t10t3DISP,(7.11,,W II EXT. ELE\IATIONS 'B" 5 T A r.· < • "UNITBUJLDING A R C ., I I: C ' u fl E I .111•·• 1',0" ?(Jc.lj 1\ETTIB' ~VA.Im &Jiff 100 S-.V! r·E:uu c.a,..,:n_11u14 9?!,GI EJ.iV.KiYt'°TES ... --...... -~~ -- GPA 14-04/ MP 178(1)/CT 14-09/ PUD 14-10/SDP 14-13/CUP14-09/EIR 15-01/ LFMP 87-17(A)/ CUP 15-01/SOP 16-06 1--- 1..n-.,_ N:··~t~-*"--~ :::~-:..'T= lk----·,,-11:•ff->-"'*" __ , l::~::r~:.:: •.u.-~•..,.,e.c_. • ............ " ...... ....... u,,o,, ..... ,. -,..~~ __ ,,, ........... 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L=L L-L L=L L=L L=L I -----I L------------L---------..J _________ _L ___________ ..J UPTOWN BRESSI tlHl!AIClMll 9PAl16~1-~tt!WO. FIRST FLOOR PLAN i-T A F. f ,. 5 UNITBUILDING A q < 11 1 • o I U I ?.tJf'l ·t:rnit=~ Go1U1•,ro sum. too liiJ.U r•I!';-.;.; ~~.,. 1111•0! GPA 4-04 MP 178( /CT 14.09/ PUD 14-101 SOP 14-13/ CUP14·09 EIR 15.01/LFMP 87-17(A) CUP 15-01/ SOP 16-06 11 OF 34 Item #11 January 24, 2017 Page 145 of 189 UPTO'NN BRESSI ..... -~ IINNSl!Ot~l),l,o ECOND FlOOR Pt.A ; l A ~ , , SUNITBUILOING A 11 c ,1 1 I t c I u E , ~1 ... r.v ~.S t.rt111P Gcu.ty"" S!Jt"ll' ltO W1 (.of'vll', t:.1Ufrf,oo11o -,l•Oi ~~~~1~so;;:1 s,Mi14-0s EJR 16-01/LFMP 87-17(A) CUP 15-01/ SDP 16-06 12 OF 34 <:1> N«.i!Jfe'.!l\ rm. ucENSE-r. 11F.b0 r·L• ~INn f'tl'l" ~l'I nQ ,Oitl ~t.a.. 61'> 29& Clio,, Item #11 January 24, 2017 Page 146 of 189 3 UPTOWN BRESSI --WlNIS.2D1~~.DNG 2 2 3 THl110 FlOOR PLAN s T 4 s < • SUNITBUILDING 1' ff c ij I I e c I U l .Yll'•I~ l(.t,S l",,fT'flEcP" &:\A.f'lt.lllJ ~le I«. s~•i {•lflll,1 C.:...lfnit11• GPA 14.0 MP 17 1)/C 14.091 PUD 14-10/ SOP 14-131 CUP14-09 EIR 16.01/LFMP 87-17(A) CUP 15-01/ SOP 16-06 13 OF34 U /•'f:°C.Hlic"..:n.FAL. Lltt,,t,f C I~ P l Al4:N t MC F~\.. or'J ~ 70-0U F~ 4111>~ M~ Item #11 January 24, 2017 Page 147 of 189 _____ ..,-- ROOF PLAN COORE.SPOOID TO 'A' EUVA TION GPA 14-04/ MP 176(1)/CT 14-09/ PUD 14-10/ $DP 14-13/ CUP14-09/EIR 15-01/ LFMP 87-17(A)/CUP 15-01/SDP 16-06 Item #11 January 24, 2017 Page 148 of 189 UPTOWN BRESSI ............. Ultlll.201~CMO EXT. ELEVATIONS 'A' S UN1T BUILDING S T a P. C r. A R C H I .a:,t.S ~IEP OOIA.f'IAJ,'O I s .. , I 92:lrJ, GPA 14-04/ MP 178(1)/CT 14-091 PUD 14-10/ SOP 14-13/ CUP14-09/EIR 15-01/ LFMP 87-17(A)/ CUP 15-01/SDP 16-06 EL!.V,KE"l'N01'1ES ~::::..==-(!!•••• 0--0 ~~·-"-'"·----, ..... [i]-.:1~ 13 -,---·-[:]-.-......... -. 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J .. "'"'·= ROOf PU\N CORRESPOND TO 'A' ELEVATION ROOF PLAN s r A kt,. 6 UN~:~~NG ~.s • t,,,; .. , lk.,.;,.. t s,.,,l •tv C ;.,, ~-,1,_ ;T GPA 14-04/ MP 76(0/CT 14-09/ PUO 14-10IS0P 14-13/ CUP14-09/EIR 16-01/ LFMP 87-17(A)ICUP 15-01/SOP 16-06 22 OF 34 CA 6FKJll1tGTil,"AI,,. ~ C 1(RcO Fl/~ P 1,1qlm10~,:i " Fl Jio ~.e,J Item #11 January 24, 2017 Page 156 of 189 UPTOWN BRESSI ........... !JWf8201~""'5.tM<I EXT. ELEVATIONS 'A' s r A ,: r. • 6 UNIT BUILDING A A t H I F c I u l , ,,,, ... _..1,-0' lP'•f' M:fThEP ~'l&fi'D ~l'f 100 $.)I! "1f9.l C~~ 9'2:1(11 IU.V, ICP NOTU GPA 14-041 MP 178(1)/CT 14-091 PUD 14-101 SOP 14-13/ CUP14-09/EIR 15-011 LFMP 87-17(A)ICUP 1~1/SDP 16-06 1~:::·=-,r~~~.:-- I =:~::::.-= ... ..,..,,.,rw ... '" __ ., _ _..._ "' .. 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BE,>,t-45 EDGE 0¥ C,ONQU:TE G,l/RB !D6E OF R.001"' ABOVE CA AACHITE.C'NRAL UC£.l«Sl C 10560 9Fa: 419l\lilS87A Item #11 January 24, 2017 Page 168 of 189 Planning Commission Minutes Minutes of: Time of Meeting: Date of Meeting: Place of Meeting: CALL TO ORDER December 7, 2016 PLANNING COMMISSION 6:00 p.m. December 7, 2016 COUNCIL CHAMBER Chairperson Anderson called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Black led the Pledge of Allegiance. ROLL CALL Present: Chairperson Anderson, Commissioners Black, Goyarts, Segall and Siekmann Absent: Commissioners L'Heureux and Montgomery STAFF PRESENT Don Neu, City Planner Ron Kemp, Assistant City Attorney Farah Nisan, Secretary Van Lynch, Principal Planner Christer Westman, Senior Planner Teri Delcamp, Senior Planner David Rick, Associate Engineer Jason Geldert, Engineering Manager APPROVAL OF MINUTES Exhibit 6 Page 1 Chairperson Anderson asked if there were any corrections or revisions to the minutes of the meeting of November 16, 2016. MOTION ACTION: Motion by Commissioner Segall and duly seconded by Commissioner Siekmann to approve the minutes of the Regular Meeting of November 16, 2016 as amended . VOTE: 5-0-2 AYES: Chairperson Anderson, Commissioner Black, Commissioner Goyarts, Commissioner Segall, and Commissioner Siekmann NOES: None ABSENT: Commissioners L'Heureux and Montgomery ABSTAIN: None PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. PLANNING COMMISSION PUBLIC HEARING Chairperson Anderson asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 1. Item #11 January 24, 2017 Page 169 of 189 Planning Commission Minutes December 7, 2016 Page 2 Mr. Neu stated Agenda Items 1,2 and 3 would normally be heard in a public hearing context; however, the projects appear to be minor and routine in nature with no outstanding issues and Staff recommends approval. He recommended that the public hearing be opened and closed, and that the Commission proceed with a vote as a consent item. Staff would be available to respond to questions if the Commission or someone from the public wished to comment on Agenda Items 1, 2 and 3. Chairperson Anderson asked if anyone on the Commission would like to discuss Items 1, 2 and 3. Seeing none, she asked if any member of the audience wished to address Agenda Items 1, 2 or 3. Kim Bryant, 3990 Highland Drive, stated that she would like to discuss the items. Chairperson Anderson opened public testimony on Agenda item 1. 1. CDP 15-47 -HIGHLAND JAMES SUBDIVISION LOT 1 -Request for approval of a Coastal Development Permit to allow for the construction of a 4,040 square foot single- family residence with an attached three-car garage within the Mello II Segment of the city's Local Coastal Program generally located on the west side of James Drive, approximately 530 feet south of Tamarack Avenue (Lot 1 of CT 08-06) within Local Facilities Management Zone 1. The project site is not within the appealable area of the California Coastal Commission. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303(a), construction of a single family residence, of the state CEQA Guidelines. Senior Planner Teri Delcamp gave a brief presentation and stated she wouid be available to answer any questions. Ms. Bryant stated her concerns with the size of all three homes on Highland Drive and asked why CEQA is being waived. Ms. Delcamp stated that the zoning sets forth the standards for new development. The zoning allows two story homes and the maximum height limit for a two story home is 30 feet with a 3-12 roof pitch. She stated that the project meets all of the required standards. Every project that comes forward to the Planning Commission is required by the California Environmental Quality Act (CEQA) to be considered under that law, therefore, each project has a CEQA determination. Ms. Delcamp commented that CEQA allows for a determination that a project is exempted from having to prepare a Mitigated Negative Declaration or other CEQA document for the construction of a single family home within a developed area that has all the existing infrastructure that serves it. Chairperson Anderson asked if Ms. Delcamp would talk about the coastal requirements that are additional on the property. Ms. Delcamp stated that there are local coastal program requirements to ensure that coastal resources on the shoreline or access for the public to the coast are not being adversely impacted. Ms. Delcamp added that the project was reviewed under those requirements. She stated that the project does not adversely impact any of those coastal resources or interfere with any of those opportunities for the public to have access to and use of coastal resources. Chairperson Anderson asked if there were any questions of staff. Commissioner Segall asked if anyone could come in at any time and build a two story home in place of a single story home in that community. Ms. Delcamp replied yes. Commissioner Segall asked if Ms. Delcamp had a sense of the average size home in that area. Ms. Delcamp stated no. Chairperson Anderson asked if the homes in that area are custom or an older development. Ms. Delcamp stated that a lot of the homes have been there for a long period of time with a variety of years. She stated that there have been a variety of new projects in that general vicinity that have been remodeled and/or built new. Chairperson Anderson asked if there were CC&R's. Ms. Delcamp replied that there are requirements only for maintenance of drainage structures and there is not a Homeowner's Association. Chairperson Anderson asked if the applicant would make the presentation. Item #11 January 24, 2017 Page 170 of 189 Planning Commission Minutes December 7, 2016 Page 3 Elizabeth Temple, Veck Investment Properties, LLC, 3276 Highland Drive, gave a presentation . Chairperson Anderson asked if there were any further questions of the applicant. Seeing none, she asked if any person in the audience wished to speak on the item. Seeing none, Chairperson Anderson opened and closed public testimony on Agenda Item 1. DISCUSSION Commissioner Black stated that he can support the project. Commissioner Goyarts stated that he can also approve the project. Commissioner Siekmann stated that she can support the project. Commissioner Segall stated that he can support the project. Chairperson Anderson stated that she can also support the project. MOTION ACTION: Motion by Commissioner Segall and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution No. 7214 approving Coastal Development Permit CDP 15-4 71 based upon the findings and subject to the conditions contained therein including the errata sheet dated December 7, 2016. VOTE: 5-0-2 AYES: Chairperson Anderson, Commissioner Black, Commissioner Goyarts, Commissioner Segall and Commissioner Siekmann NOES: None ABSENT: Commissioner L'Heureux and Commissioner Montgomery ABSTAIN : None Chairperson Anderson closed the public hearing on Agenda Item 1 asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Items 2 and 3. Mr. Neu stated that projects appear to be minor and routine in nature with no outstanding issues and Staff recommends approval on Agenda items 2 and 3 as they are substantially similar to the first item. He recommended that the public hearing be opened and closed, and that the Commission proceed with a vote as a consent item. Staff would be available to respond to questions if the Commission or someone from the public wished to comment on Agenda Items 2 and 3. Chairperson Anderson asked Ms. Bryant if she would like to comment on Agenda Items 2 and 3. Ms. Bryant stated no. 2. CDP 15-48 -HIGHLAND JAMES SUBDIVISION LOT 2 -Request for approval of a Coastal Development Permit to allow for the construction of a 3,549 square foot single- family residence with attached two-car and one-car garages within the Mello II Segment of the city's Local Coastal Program generally located on the west side of James Drive, approximately 600 feet south of Tamarack Avenue (Lot 2 of CT 08-06) within Local Facilities Management Zone 1. The project site is not within the appealable area of the California Coastal Commission. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303(a), construction of a single family residence, of the state CEQA Guidelines. Item #11 January 24, 2017 Page 171 of 189 Planning Commission Minutes December 7, 2016 Page 4 3. CDP 15-49 -HIGHLAND JAMES SUBDIVISION LOT 3 -Request fo r approval of a Coastal Development Permit to allow for the construction of a 4,040 square foot single- family residence with an attached three-car garage within the Mello II Segment of the city's Local Coastal Program generally located on the west side of James Drive, approximately 650 feet south of Tamarack Avenue (Lot 3 of CT 08-06) within Local Facilities Management Zone 1. The project site is not within the appealable area of the California Coastal Commission. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303(a), construction of a single fam ily residence, of the state CEQA Guidelines. Chairperson Anderson asked if any member of the audience wished to address Agenda Items 2 or 3. Seeing none, she opened and closed public testimony. MOTION MOTION ACTION: Motion by Commissioner Segall and duly seconded by Commissioner Black that the Planning Commission adopt Planning Commission Resolution No. 7215 approving Coastal Development Permit CDP 15-48, based upon the findings and subject to the conditions contained therein including the errata sheet dated December 7, 2016. VOTE: 5-0-2 AYES: Chairperson Anderson , Commissioner Black, Commissioner Goyarts, Commissioner Segall and Commissioner Siekmann NOES: None ABSENT: Commissioner L'Heureux and Commissioner Montgomery ABSTAIN: None ACTION: VOTE: AYES: NOES: Motion by Commissioner Segall and duly seconded by Commissioner Black that the Planning Commission adopt Planning Commission Resolution No. 7216 approving Coastal Development Permit CDP 15-49, based upon the findings and subject to the conditions contained therein including the errata sheet dated December 7, 2016. 5-0-2 Chairperson Anderson, Commissioner Black, Commissioner Goyarts, Commissioner Segall and Commissioner Siekmann None ABSENT: Commissioner L'Heureux and Commissioner Montgomery ABSTAIN: None Chairperson Anderson closed the public hearing on Agenda Items 2 and 3, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 4. Commissioner Segall stated that he would like to recuse himself due to potential conflict of interest for consulting Pacific Ridge School on community and educational issues, however not on land use planning. 4. MP 178(J)/CUP 06-11(C) - PACIFIC RIDGE SCHOOL -Request for an amendment to the Bressi Ranch Master Plan to modify building height in Planning Area 13 and to allow a digital marquee sign on the Pacific Ridge campus with lim itations and an amendment to the Pacific Ridge School campus master plan Conditional Use Permit CUP 06-11 (B) that includes replacing a future 23,083 square foot theater building with a 15,833 square foot library innovation building, replacing an existing modular administration building with a 14,736 square foot theater building, adding an underground parking garage with 164 spaces, relocating the sports field on top of the underground parking garage, and adding Item #11 January 24, 2017 Page 172 of 189 Planning Commission Minutes December 7, 2016 Page 5 27 new surface parking spaces, all located within Planning Area 13 of the Bressi Ranch Master Plan (BRMP) and generally located north of Greenhaven Drive, south of Bressi Ranch Way, east of Open Space Area 3 and west of El Fuerte Street in Local Facilities Management Zone 17. The City Planner determined that the proposed amendments are within the scope of the previously adopted Mitigated Negative Declaration for the Pacific Ridge School Conditional Use Permit Amendment CUP 06-11 (B). Mr. Neu introduced Agenda Item 4 and stated Senior Planner Christer Westman would make the staff presentation. Mr. Westman gave a brief presentation and stated that he would be available to answer any questions. Commissioner Black asked where the marquee sign is going to be located. Mr. Westman stated that the sign will be pulled off of the street, entering to the main entrance so that it would be visible to the students and parents as it is that they are entering the school. Commissioner Siekmann asked if there will be any lighting on the sports field. Mr. Westman stated no lighting is proposed, there has been prohibition on lighting for the sports field since the original Conditional Use Permit (CUP) approval that has continued through each of the amendments. Commissioner Siekmann asked if the digital sign in the master plan will be a precedent for Car Country or someone else requesting a digital sign. Mr. Westman replied that it would not set the same kind of precedent given the location and the visibility restrictions outlined in the master plan and that it is specified only for community facility use, which is not retail use. Assistant City Attorney Ron Kemp commented that the public schools can exempt themselves from the zoning which is why they are able to install the digital signs. Commissioner Goyarts asked if the digital sign could be turned off at night after a certain time. Mr. Westman stated that there is nothing in the proposal or the master plan that specifies hours of operation. Chairperson Anderson inquired about the 700 maximum student capacity for that property or if it would be possible for future revisions. Mr. Westman stated that the applicant would be able to discuss what their operational capacity expectation is and concluded that the application limits the maximum capacity to 700 students allowed under the amendment. Chairperson Anderson asked if the digital sign would be visible from the houses located on the hill to the west of the property. Mr. Westman stated no, the sign will be located in front of a building. Commissioner Siekmann asked if the changes would change the maximum number amount of students. Mr. Westman stated yes, the existing CUP limits the maximum number of students to 645, and the amendment would allow the additional 55 students as well as allowing for staff to increase from a maximum of 115 to 130. Chairperson Anderson asked if there were any other questions of staff. Seeing none, she asked if the applicant would like to make a presentation. Bob Ogle, 2892 Rancho Ganadero, Carlsbad, gave a presentation and stated he would be available to answer any questions. Bill Hofman, Hofman Planning and Engineering, 3152 Lionshead Avenue, stated that he would like to wish Mr. Westman well on his retirement, thanked him for his service to the city for over 20 years. Mr. Hofman gave a presentation and stated he would be available to answer any questions. Chairperson Anderson asked if there were any questions of the applicant. Commissioner Siekmann asked Mr. Hofman to clarify his request to amend Condition No. 10. Mr. Hofman replied stating that the changes to Condition No. 10 should recite this appro,val shall become null and void if building permits are not issued for the library innovation building and theater within 60 months/5 years be changed to 8 years and also where it says the parking garage and sports field within eight years be changed to ten years from the date of project approval. Commissioner Siekmann asked if solar panels have been considered for any of the buildings. Mr. Hofman stated yes. Item #11 January 24, 2017 Page 173 of 189 Planning Commission Minutes December 7, 2016 Page 6 Commissioner Goyarts inquired about future plans for the staff underground parking structure. Mr. Ogle stated that he believes the only change for the parking lot is to add 4 additional parking spaces. Commissioner Goyarts asked if there were future plans to building in that location. Mr. Ogle stated not at this time. Chairperson Anderson asked what would be done first after project approval. Mr. Ogle stated that they would hope to start with the library innovation center. She asked if the school would be able to house 700 students in the current facility. Mr. Ogle stated no. Chairperson Anderson asked if Mr. Ogle would explain how the students driving would be limited. Mr. Ogle stated that all student drivers are currently able to drive on campus however, it will be scaled back to only juniors and seniors when the library innovation building begins construction. He added that the sophomores would need to park offsite or at the new parking spaces added to the south end of the campus. Chairperson Anderson asked if some students take the bus. Mr. Ogle stated yes . She asked where they are picked up. Mr. Ogle stated that there are seven different stops between south Del Mar to Leucadia Boulevard. Chairperson Anderson asked if activities on the sports field and the theater would be limited. Mr. Ogle replied stated that it has not been considered since it was not an issue. Chairperson Anderson asked if there were any further questions of the applicant. Seeing none, she asked if any person in the audience wished to speak on the item and opened public testimony. Manna Tadulovich, 1415 Branta Avenue, supports the project. Deidre Hushman, 640 Seawand Avenue, supports the project. David Ohlson, 6372 Huntington Drive, Carlsbad, stated his concerns with additional traffic. Engineering Manager Jason Geldert stated that the average daily trips for an additional 55 students and 15 staff members is insignificant. Chairperson Anderson inquired about student safety pulling in and out. Mr. Geldert stated that there is a signalized intersection to the entrance. Chairperson Anderson asked if there were any further questions of staff. Seeing none, she asked if any other members in the audience wished to speak on the item. Seeing none, Chairperson Anderson closed public testimony on Agenda Item 4. DISCUSSION Commissioner Black stated that he can approve the project. Commissioner Goyarts stated that he could also approve the project. Commissioner Siekmann made a motion to modify condition number 10 and marquee hours of operation from 7 a.m. to 10 p.m . She will support the project. Chairperson Anderson stated that she could support the project. MOTION ACTION: Motion by Commissioner Siekmann and duly seconded by Commissioner Black that the Planning Commission adopt Planning Commission Resolution No. 7219 approving Master Plan Amendment MP 178(J) and Conditional Use Permit Amendment CUP 06-11 (C), including for the use of the digital marquee sign shall be limited to the hours between 7:00 a.m. and 10:00 p.m. daily and Condition No. 10 to state this approval shall become null and void if building permits are not issued for the library innovation building and theater within eight years and the parking garage and sports field within ten years from the date of project approval based on the findings and subject to the conditions contained therein as amended. VOTE: 4-0-3 AYES: Chairperson Anderson, Commissioner Black, Commissioner Goyarts, and Commissioner Siekmann NOES: None ABSENT: Commissioner L'Heureux, Commissioner Montgomery and Commissioner Segall ABSTAIN: None Item #11 January 24, 2017 Page 174 of 189 Planning Commission Minutes December 7, 2016 Page 7 Commissioner Segall returned to the Dias. Chairperson Anderson asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 5. 5. EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14-09/CUP 16-01 -UPTOWN BRESSI -Request for the certification of an Environmental Impact Report, including the approval of Candidate Findings of Fact and a Mitigation Monitoring and Reporting Program and a recommendation of approval of a General Plan Amendment from Planned Industrial to Local Shopping Center and R-23 Residential, Local Facilities Management Plan Amendment, Master Plan Amendment, Vesting Tentative Tract Map, Planned Development Permit, two Site Development Plans and two Conditional Use Permits for the development of a 17. 71 acre site within the Bressi Ranch Master Plan with a 91,164 square foot shopping center, and a 125 unit multi-family condominium project, all located at the southwest corner of Palomar Airport Road and El Fuerte Street, north of Gateway Road, and east of Colt Place and located within the southeast quadrant of the City within Local Facilities Management Zone 17. Mr. Neu introduced Agenda Item 5 and stated Principal Planner Van Lynch would make the staff presentation. Mr. Lynch and Tim Gnibus, an environmental consultant with HOR, gave a brief presentation and stated they would be available to answer any questions. Chairperson Anderson asked if there were any questions of staff. Commissioner Black inquired about the height of the wall that borders the residential homes coming into the driveway off of Colt Place. Mr. Lynch replied 5.8 feet. Commissioner Goyarts asked if the Planning Division would have any concerns with the remaining 3% zoning of Light Industrial. Mr. Neu stated that staff was cautious about the conversion of Industrial Land Use during the implementation of the General Plan Update and that there are policies in the General Plan that would support this case of converting the land, primarily because staff is looking at some competing objectives being the need for housing as well as commercial support services. Mr. Neu concluded that any change to the General Plan is a discretionary action that the Planning Commission and the City Council would have the ability to either support or not. Commissioner Goyarts asked why the city would have to put in additional housing based on the state housing element requirements. Mr. Neu stated that each of the cities throughout the state get a regional housing needs allocation that is divided up into the different income levels that is a target for housing production. Commissioner Siekmann asked how the proposed project is different from the existing shopping center and how traffic will be improved. Mr. Lynch stated that the residential area meets the parking requirements of the parking ordinance, and the commercial center is parked at 1 to 200 except for a reduction of 2.2% for the commercial area. Mr. Lynch stated that the existing Bressi Ranch center has a parking reduction of 5% based on the shared use and the walkability of the community. Commissioner Siekmann inquired about the number of driveways into the development. Mr. Lynch stated that there are three areas of ingress and egress to the project site. Commissioner Siekmann inquired about the location of the westbound bus stop. Mr. Lynch replied the north side of Palomar Airport Road westerly of El Fuerte Street. Commissioner Siekmann asked if there are solar trees planned for the parking lot of the commercial area. Mr. Lynch stated no, their plan is to provide solar on the roof tops. Commissioner Siekmann asked if the tankless water heaters were gas or electric. Mr. Lynch stated gas. She asked if there were any restrictions in the Climate Action Plan (CAP) to address the commercial doors left open during heating and cooling hours. Mr. Lynch stated that he does not believe there are restrictions however, the buildings will be commissioned as part of the green building code to show that the buildings will be designed to be working efficiently. Commissioner Siekmann asked if the 6 foot noise wall along Palomar Airport Road will be landscaped on both sides. Mr. Lynch stated yes. Commissioner Siekmann asked if noise has been evaluated for the residential units in the EIR when garbage trucks come by to pick up garbage. Mr. Lynch stated yes. Item #11 January 24, 2017 Page 175 of 189 Planning Commission Minutes December 7, 2016 Page 8 Commissioner Segall asked what has changed regarding land use zoning that caused all the previous work to revert to a new recommendation. Mr. Neu stated that the General Plan contains a variety of policies and goals, many of which reflect our state mandates, with some competing goals, therefore the Planning Commission is being asked which ones should be implemented, how they are prioritized, if the locations are appropriate for the uses, or if it is preferred to remain industrial. Commissioner Segall asked what the compelling reason is to change the zoning from Planning Industrial to Residential and Commercial. Mr. Neu stated that a market study that evaluates different alternatives in terms of the primary and the secondary trade area suggesting an unmet demand. Commissioner Segall inquired about the square footage of Stater Bros and Trader Joes and stated that he would like to compare the size of the proposed project. Mr. Lynch replied stating that Trader Joes' square footage is around 12,000 square feet and Stater Bros square footage is 42,000 square feet. He confirmed the proposed food market's square footage is 28,000 square feet, the drug store/pharmacy with drive thru service window at 16,454 square feet, the larger retail shops at 11,650 square feet, and the remainder 35,060 square feet for small inline tenants, restaurants etc. Chairperson Anderson asked if the applicant would like to make a presentation. Kevin McCook, 639 Weatherstone Way, San Marcos, and Justin Schlaefli, Urban System Associates, 8451 Miralani Drive, Suite A, San Diego, made the presentation. Chairperson Anderson asked if there were any questions of the applicant. Chairperson Anderson asked if Mr. McCook had an idea of how many ViaSat employees live in Bressi Ranch. Mr. McCook stated quite a few as they have met with them. Chairperson Anderson asked if there is a gate for the residential properties. Mr. McCook stated no. Commissioner Black asked if commercial vehicles will be utilizing the entry way. Mr. McCook stated no, delivery trucks will be accessing the entry way off of Finnila Place during the day, parking through the night and leaving at times that would not be disruptive. Chairperson Anderson asked how the truck drivers know the route. Mr. McCook replied from their route operations manager. Commissioner Segall inquired about the circulation for the semi-trailer trucks and how they would navigate and back into the loading dock. Mr. Schlaefli stated that the truck circulation into and out of the El Fuerte entrance to show that it can circulate back behind and fully through the development. Mr. Lynch referred to Exhibits AS-1 and C-7 of the proposed site plan from the Staff Report. Tim Gabrielson, project engineer, 4615 Shade Road, La Mesa, stated that the commercial truck traffic will come from Palomar Airport Road, making a right turn on El Fuerte Street, a right turn into the project driveway entrance, going around the project driveway and pointed out that the truck will then back into the loading areas at the back of the retail stores. Mr. Gabrielson concluded that the commercial trucks will come out of the property, making a left turn and finally a right turn out of the development onto El Fuerte Street. Commissioner Segall asked when the trucks will be delivering. Mr. McCook replied stating during the day, or in the evening during non-peak hours. Commissioner Segall inquired about the location of the chicanes. Mr. Schlaefli stated that the goal of the chicanes is to keep drivers from traveling down Gateway Road towards El Camino Real and using that as a pass-through or thoroughfare and staying on the major roads they are intended to be on . He stated that the first one will be located east of Innovation Way on Gateway Road, the second chicane will be located west of Innovation Way and the third will be located south of Gateway Road. Commissioner Segall asked what a chicane is. Mr. Schlaefli replied stated that it is an artificial "S" curve on a street, instead of a straight thoroughfare a driver could travel high speed on, a curve is introduced to force the driver to navigate the curve and slow down. RECESS Chairperson Anderson called for a 10-minute recess at 8:39 p.m . MEETING CALLED TO ORDER Chairperson Anderson called the meeting to order at 8:49 p.m. with all Commissioners present and opened public testimony. Item #11 January 24, 2017 Page 176 of 189 Planning Commission Minutes December 7, 2016 The following speakers spoke in favor in the project: John Vance, 7905 Vista Canela, Carlsbad Roby Ogan, 2741 Gateway Road, Carlsbad Karen Pearson, 2390 Hillyer Street, Carlsbad Cheri Hoffmann, 7824 Sitio Tejo, Carlsbad Sarah Ellis on behalf of Ted Owen, 5934 Priestly Drive, Carlsbad Justin Stricula, 3030 Greenwich Street, Carlsbad Jim Stone, Circulate San Diego, 111 Sixth Avenue, San Diego Bronson Jacoway, 3274 Avenida Anacapa, Carlsbad Julia Bergstrom, 6726 Tea Tree Street, Carlsbad Dale Greenhalgh, 5017 Ashberry Road, Carlsbad Jon Beery, 5076 Ciardi Court, Carlsbad Page 9 Lauren Prescott, Greenwich Street, Carlsbad, on behalf Ramona Finnila, former Carlsbad Councilwoman Bruce Schiff, 2098 Alta Vista Drive, Vista Arlene Tendick, 11682 El Camino Real, San Diego The following speakers spoke in opposition of the project due to traffic, noise, Zone change, density, open space, access to project site, and an addition of a liquor store: David Olsen, 6372 Huntington Drive, Carlsbad Kelly McLaughlin, 6243 Alverton Drive, Carlsbad Margie Caruso, 6624 Brookite Court, Carlsbad Bruce Ortman, 6323 Montecito Drive, Carlsbad Vickey Syage, 1345 Cassins Street, Carlsbad Amy Hagen, 6221 Village Green Drive, Carlsbad Diane Nygaard, Preserve Calavera, 5020 Nighthawk Way, Oceanside, stated .that she had no comments on the project and stated she was disappointed with the initial Climate Action Plan (CAP) review and the draft Environmental Import Report that neither the city nor the developer seemed to take this issue seriously and did not make. a good faith effort to reduce Greenhouse Gasses (GHG). She stated that the changes that are before the Commission will result in substantial reduction in GHG's and the developer took a serious look at the issue finding many things they could do to reduce GHG's and enhance the project. Ms. Nygaard stated that she supports the proposed alternative GHG's. She recommended that the CAP checklist be applied earlier in the process, update the checklist to include more potential action items with more detail for specific land use types, review potential conflicts between aesthetics and setback revisions with the need for rooftop solar and other things to reduce GHG's and to allow for creative measures. Paige Decino, Skyline Road, Carlsbad, commented that the metric tons of CO2 emissions per capita on the project are greater than the average value throughout the rest of the city .. She is concerned with the city meeting the CAP benchmarks in 2020 and 2035 if every new development adding more GHG's per capita. MOTION A motion was made by Commissioner Siekmann, which was seconded by Commissioner Segall, to extend the meeting until 10:30 p.m. The Commission voted 5-0-2 (L'Heureux and Montgomery absent) to extend the meeting. The following speakers spoke in favor of the project: Cadie Brown, 6238 Topiary Street, Carlsbad Arie Stark, 6554 Halite Place, Carlsbad Diane Gainer, 2237 Plazuela Street, Carlsbad Ken Lee, 6238, Topiary Street, Carlsbad The following speakers spoke in opposition of the project due to traffic, noise, Zone change, access to project site, and an addition of a liquor store: Elizabeth Nani, 6388 Huntington, Carlsbad David Mohar, 2622 Garden House Road, Carlsbad Item #11 January 24, 2017 Page 177 of 189 Planning Commission Minutes December 7, 2016 Page 10 Chairperson Anderson asked if there were any other members of the audience who wished to speak on the item. Seeing none, she closed public testimony and asked if the applicant wished to respond . Mr. McCook stated that the development is the solution to the traffic issues raised by adding traffic signals. He stated that since Envision Carlsbad has already been in process for 6 years or 1 O years prior to that, they did not want to get in front of the process and wanted to remain transparent. Mr. McCook commented that they tiered off the General Plan and tried to implement the goals and objectives of all the plans. He added that bringing in more retail to Bressi Ranch would alleviate traffic and give people more options. He concluded that the Bressi Ranch Master Plan's framework, goals and objectives will not be changed, they are reaffirming the 13 goals of the Master Plan. Mr. Lynch responded to Ms. Decino's concerns regarding per capita on the GHG emissions and stated that the calculations were evaluated based on the actual residents of the site, divided by the GHG emissions. He clarified that the service population was not included, such as the people who are working on the site as well on the daily basis, and those numbers would need to be included for the overall per capita calculation. Commissioner Goyarts asked if commercial and residential units were considered for the site. Mr. McCook stated yes. Commissioner Siekmann asked if both options for solar trees in the parking lot as well as residential roof solar panels were considered . Mr. McCook stated yes. MOTION A motion was made by Commissioner Siekmann, which was seconded by Commissioner Goyarts, to extend the meeting until 10:45 p.m. The Commission voted 5-0-2 (L'Heureux and Montgomery absent) to extend the meeting. DISCUSSION Commissioner Black stated that he. could support the project. Commissioner Goyarts stated that he could also approve the project. Commissioner Siekmann stated that she could support the project. MOTION A motion was made by Commissioner Siekmann, which was seconded by Commissioner Black, to extend the meeting until 11 :00 p.m. The Commission voted 5-0-2 (L'Heureux and Montgomery absent) to extend the meeting. Commissioner Segall stated that he could support the project. Chairperson Anderson stated that she could also support the project. MOTION ACTION: Motion by Commissioner Segall and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution No. 7174 recommending that the City Council certify the Environmental Impact Report EIR 15- 01, including the approval of Candidate Findings of Fact and a Mitigation Monitoring . and Reporting Program, adopt Planning Commission Resolution No. 7175 recommending approval of General Plan Amendment 14-04, Local Facilities Management Plan Amendment 87-17(A), and Master Plan Amendment 178(1) and adopt Planning Commission Resolution Number 7176 recommending approval of Carlsbad Tract Map 14-09, Planned Development Permit 14-10, Site Development Plans 14-13 and 16-06, and Conditional Use Permits 14-09 and 16-01 based on the findings and subject to the conditions contained therein. VOTE: 5-0-2 AYES: Chairperson Anderson, Commissioner Black, Commissioner Goyarts, Commissioner Segall and Commissioner Siekmann NOES: None ABSENT: Commissioner L'Heureux and Commissioner Montgomery ABSTAIN: None Item #11 January 24, 2017 Page 178 of 189 Planning Commission Minutes December 7, 2016 Page 11 Chairperson Anderson closed the public hearing on Agenda Item 5, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 6. 6. ELECTION OF OFFICERS -The Planning Commission will elect a Chairperson and a Vice Chairperson for 2017. Chairperson Anderson asked if there were any nominations for the position of Chairperson. Commissioner Black nominated Commissioner Segall to Chairperson. The nomination was seconded by Commissioner Siekmann. I Chairperson Anderson asked if there were any other nominations for Chairperson. There were no other nominations. The Commission voted 5-0 to appoint Commissioner Segall as Chairperson for the 2017 calendar year. Chairperson Anderson asked if there were any nominations for the position of Vice Chairperson. Commissioner Siekmann nominated Commissioner Montgomery to Vice Chairperson. The nomination was seconded by Chairperson Goyarts. Chairperson Anderson asked if there were any other nominations for Vice Chairperson. There were no other nominations. The Commission voted 5-0 to appoint Commissioner Montgomery as Vice Chairperson for the 2017 calendar year. Chairperson Anderson closed the public hearing on Agenda Item 6, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 7. 7. COMMUNITY DEVELOPMENT GRANT (CDBG) CITIZENS ADVISORY COMMITTEE - Recommend a Planning Commissioner to be appointed by the Mayor to serve on the Committee for a period of two years to help form financial recommendations regarding grant funding. Commissioner Segall nominated Chairperson Anderson to be the CDBG representative. The nomination was seconded by Commissioner Black. The Commission voted 5-0 to appoint Chairperson Anderson as CDBG representative for the 2017 and 2018 calendar years. COMMISSION COMMENTS None. CITY PLANNER COMMENTS None. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of December 7, 2016 was adjourned at 10:56 p.m. DON NEU City Planner Farah Nisan Minutes Clerk Item #11 January 24, 2017 Page 179 of 189 Exhibit 7 Van Lynch From: Don Neu Sent: To: Monday, December 12, 2016 10:56 AM. Van Lynch Subject: FW: Uptown Bressi Ranch Zoning Change for high density development. From: Council Internet Email Sent: Monday, December 12, 2016 8:19 AM Subject: FW: Uptown Bressi Ranch Zoning Change for high density development. From: Bruce Bandemer fmailto:brucebcpa Sent: Saturday, December 10, 2016 11:54 AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Fwd: Uptown Bressi Ranch Zoning Change for high density development. This recent posting on Nex1Door is bow many feel about the planning commission's recent vote on Up Town Bressi. Many liked the vision they presented early, but the center is very dense, parking will be a issue, and the retailers have been cheapened down from what was shown It will be interesting to see the restaurants that actually go in. Shea is also responsible for the very mundane design and build of the two grey and blue commercial spec buildings at the comer of innovation and Gayeway. A design that does not inspire confidence in Shea's follow through on a promised design. Bruce Bandemer Begin forwarded message: From: "Nextdoor Bressi Ranch" <reply@Js.email.ne>.'tdoor.wm> Date: December 10, 2016 at 11:35:49 AM PST To: brucebcpa@h Subject: Re: Uptown Bressi Ranch Zoning Change for high density development. Reply-To: reply+G4ZDMOJYGBPXA4TPMR2WG5DJN5XF6UCPKNKF6MZXGAZTENRXGI=== <@bressiranch.nextdoor.com [0 Amy Vader, Bressi Ranch Taking traffic off of the table, no one on the planning commission cares and probably the city council they will not care either, they cared about 1 Item #11 January 24, 2017 Page 180 of 189 solar, parking, and truck access. The problem really is the fliers sent out and meetings Shea held, they portrayed a lovely community where they made us think it is a place for those who live here and around this area it would be a family hang out and enjoy it, was so beautiful and char'ming. I live and work here and I am concerned about the traffic but again that's irrelevant now I see. I completely understand how someone could and would support this project all the info from Shea was very appealing . Those against it were told, "do your research", many of us did and went beyond the fliers and info Shea told us and· saw what they submitted to the city and it included a liquor store an d drive through. So they left that out specifically when they told us their plan, the pitch to.the city planning board was very different then the pitch to us. Now their cu_rrent approved plan goes against the promises in the fliers all those plans are out the window, they were deceptive and it passed so they don't care, their bait and switch was . very successful! But who knows bevmo may have a tot lot and there maybe beautiful lighting in front of cvs that you can sit and open up that bottle of wine . you just bought at bevmo, with stroller parking out of the parking lot . . they will build that hill for "hillside views", or decorate the slope against Palomar Airport road I guess that can qualify for hillside _view. For the few who spoke up for it at the meeting said they wanted it because they wanted a place to .enjoy and hangout with neighbors make friends, place for children, that was the old plan not the new plan since I don't see moms hanging out at a bevmo or cvs, ok maybe I can see it, after this I maybe one of them ;)! Many of us would love for more retail and build out Main Street but do not want the housing and do not want anymore low income housing here. Shea needs the housing to I make money but don't be surprised if through this Shea sells the project and whoever buys it turns it into an apartment complex with a bevmo, cvs , and Sprouts, which it could be a Food 4 Less or an Aldi, because once it starts it can't be stopped. Would love to know for those who supported or went to the meetings, was Shea upfront and tell you that the restaurants and atmosphere they told us they would create (which again I understand how you could support what was on the fliers) did you know it would/could be a bevmo and drive through cvs, these are stores that are large and don't leave room for what's on the fliers. That's the heart of the issue now, we all of course could shop at these retailers but this is not the "Main Street" continuation that I think any of us envisioned no matter if you are for it or against it. Original post by Shirley Anderson from Bressi Ranch (26 replies): The Carlsbad City Council is considering the re-zoning of Uptown Bressi Ranch. Specifically, the re-zoning would change the Master Plan frorri "light industrial commercial" to "high-density ... Nov ?3 i~ General to 8 neig hborhoods 2 Item #11 January 24, 2017 Page 181 of 189 SUPPORT FOR UPTOWN BRESSI We, the retailers of the Bressi Ranch Village Center, support the following: • A project that brings much needed traffic improvements for our customers and employees on critical travel routes to and from our center including installation of a· traffic signal at the intersection of Gateway Road and Finnila Place and fair share payment towards a traffic signal at the intersection of Gateway Road and Innovation Way • A project that brings in additional support for our businesses through a change from industrial use to residential use to provide 125 upscale townhomes which will attract new homebuyers with disposable income -including professional couples and singles and active adults that want to walk to shopping and dining experiences • A project that brings a companion retail center that complements and adds to the Bressi Ranch lifestyle. B\Jsiness Name 160· gq . S377 ~ TD 'HJv\U.L s@ · _-.--r/06 -L/-7C/ 43 dt./- C.A1l£F~ LIAGlff/"DtJ ' I ,~-+C'f A-N·0;t--e.S ol\l fa11cfer- 7G.o f;q · v~~b Cl1tt(e_~ V At,ATI D}J.s fA WI , -~Ov\J .('S{J\n@ Item #11 January 24, 2017 Page 182 of 189 Van Lynch From: Don Neu Sent: To: Monday, December 12, 2016 10:53 AM Van Lynch Subject: · FW: Uptown Bressi Project From: Council Internet Email Sent: Monday, December 12, 2016 8:15 AM Subject: FW : Uptown Bressi Project FYI From: Eric Anaya [mailto:ea.lacostagreens Sent: Thursday, December 08, 2016 3:20 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Uptown Bressi Project Hello Council Members, I am member of the La Costa Greens board and I wanted to take a moment to voice my concerns about the Uptown Bressi proposed plan. Ihave to say th.at I am somewhat disappointed in the decision by the Planning Commission to more forward with this project. I can't speak for all of my neighbors but I can say with high confidence that most of them do not approve of this project. Last night many residents voiced their concerns about traffic gridlock, noise elements, cannibalization of existing businesses and so on only to be disregarded. My family is in the Bressi area almost every day. We see day in and day out how bad the traffic is and how bad it can be. Unfortunately, most of the time it is a disaster. Now, we are talking about adding another (125) units in addition to Bressi's (500) +, La Costa Greens (800) +, the eventual build out of Robertson Ranch (which I believe is another 500 +) homes and so on. Believe me when I say this, traffic will be too overwhelming and it will only negatively impact business and the neighbors around it. Please keep in mind, the same traffic engineering firm that approved the current traffic mitigation plan is the same one that is approving this plan for Uptown Bressi. The engineer openly admitted in the meeting last night that they underestimated Trader Joe's success. He admitted that the plan is not currently working for the Bressi shopping. Again, I please ask you to strongly consider not to move forward with the plan. Thank you so much for your time and consideration. Thank you for what you do for this great city. Regards, Eric Anaya 1 Item #11 January 24, 2017 Page 183 of 189 Van Lynch From: Sent: To: Subject: From: Council Internet Email Don Neu Thursday, December 08, 2016 2:15 PM Van Lynch FW: Uptown Bressi Project -La Costa Greens HOA VP Sent: Thursday, December 08, 2016 2:06 PM Subject: FW: Uptown Bressi Project -La Costa Greens HOA VP From: Jeremiah_Patton [mailto:jp.lacostagreens Sent: Thursday, December 08, 2016 12:08 PM To: Council Internet Email <CityCouncil@carlsbadca:gov> Subject: Uptown Bressi Project -La Costa Greens HOA VP Hello, My name is Jeremiah Patton and I am the vice president of the la costa greens hoa community. I am emailing you today regarding the uptown bressi project. I strongly oppose the uptown bressi project and I have spoken personally with all other members of our hoa board and we all strongly oppose this project. As I am sure you are aware of the location of this project in: vicinity to our community of over 800 homes. I highly suggest that you rethink the impact that this will have on our residents in a already extremely crowded bressi area and traffic nightmare. We already have 2 grocery stores across the street and a pharmacy, we do not need another grocery store and pharmacy and we also do not need a liquor store. Very concerned about all of the additional housing being added and all of the vehicles that adds to our roads on a continual basis in that area and surrounding areas including our la cost3: greens community. Regards, Jeremiah Patton La Costa Greens HOA VP 1 Item #11 January 24, 2017 Page 184 of 189 G (:) e> CIRCULATE ®o December 6, 2016- Kevin McCook Shea Properties 130 Vantis, Suite 200 Aliso Viejo, CA 92656 Subject: MOVE ALLIANCE CERTIFICATION Dear Mr. McCook, Circulate San Diego 1111 6th Avenue, Suite 402 San Diego, CA 92101 Tel: 619-544-9255 Fax: 619-531 -9255 www.circulatesd.org The MOVE Alliance is pleased to award our certification for the proposed Uptown Bressi project, a sustainable, infill project that will provide a diverse mix of housing and retail options where they are needed in Carlsbad. The proposed Uptown Bressi project is located just south of Palomar Airport Road, west of El Fuerte Road. Previously mass graded and devoid of biological resources, the site is one of the few remaining vacant pieces of land in the Bressi Ranch Master Plan. Uptown Bressi will provide housing very near a variety of employment locations, in a city that has a growing need to provide more homes for its growing number of jobs. The project incorporates not only market rate homes, it will also include 20 percent of its units (25 total) as affordable homes. This will allow more moderate-income people to live in the area, like teachers, firefighters, and families just starting out. The project can also help reduce the amount of driving that is required in the area, by providing opportunities for people to live and work near amenities like restaurants, shopping, and other destinations. Our MOVE Alliance committee would prefer that the project accmodated more residential capacity, given its close proximity to both work and entertainment destinations. While we recognize that such an increase may not be ~s widely supported by the community, we recommend that the City of Carlsbad make efforts to educate residents about the need for and benefits of increasing housing stock and reconsider for future projects policies that limit residential growth where it is needed. Our MOVE Alliance committee also recommends that Shea consider a few adjustments to the project, to improve pedestrian and bicycle. access and circulation. • Internal pedestrian pathways should be reexamined to accommodate easier internal bicycle use. One option would be to treat at least some of the internal pathways as multi-use paseos, to accommodate both pedestrian and bikes. Creating excellent mobility choices and vibrant, healthy communities. Item #11 January 24, 2017 Page 185 of 189 Van Lynch From: Don Neu Sent: To: Monday, December 05, 2016 10:49 AM Van Lynch; Farah Nisan Subject: FW: bressi ranch re-zone For distribution to the commission. From: Doris Schiller [mailto:dorisschi11er Sent: Monday, December 05, 2016 7:56 AM To: Planning <Planning@CarlsbadCA.gov>; Don Neu <Don.Neu@carlsbadca.gov> Subject: bressi ranch re-zone In 2005, Bressi Ranch was sold as a designed Master Planned Community. When families bought their homes in this community, they were sold the Master Plan for the development build out. This included specific zoning for parcels of land surrounding the residential and commercial areas. And now the current Carlsbad City Council is considering the re-zoning of Uptown Bressi Ranch -located in the undeveloped space across from the Bressi Ranch Trader Joe's. Specifically, the re-zoning would change the Master Plan from "light industrial commercial" to "high- density residential, retail." The new plan would allow for 125 residential townhomes plus retail development where there should have been industrial space, like there is all along Gateway Avenue. The traffic congestion is already crazy when we go to Trader Joes. Why make it worse? Please do not change the zoning! !'Would also appreciate it if you could mention the number and opinions of the electronic input that you receive regarding this during the Planning Commission meeting so the Commissioners can consider the community's input. Citizens should not have to be present in person to have their opinion considered . I will be watching this meeting from home. Thank you, Doris Schiller Carlsbad, Ca 1 Item #11 January 24, 2017 Page 186 of 189 ITEM #5 ----;;> CARLSBAD CHAM BER OF CO M MBRCB Mayor Matt Hall -Members of the Carlsbad City Council Members of the Carlsbad Planning Commission December 5, 2016 RE: Uptown Bressi at Bressi Ranch The Chamber of Commerce is the leading voice of business in Carlsbad-often working cooperatively with the City on key initiatives. The Chamber supports the Uptown Bressi project that is making its way through the planning process at this time. The project Shea Properties and Shea Homes is proposing was developed through extensive community outreach and thoughtful land use planning efforts with the stakeholders in the region. In addition to the 125 town homes and elevator-served flats, Uptown Bressi will add a locally serving and sustainable retail center which compliments the existing Bressi Ranch Village by adding additional services and restaurants. A key support element for the Chamber is the project brings economic benefits to the city. Through Uptown Bressi, the city stands to garner more than $40 million in local income, taxes and fees they can use for services and facilities for the community. We urge you to support the Uptown Bressi project which provides a live work-play opportunity that will truly benefit the entire community. Ted Owen President and CEO 5934 Priestly Drive I Carlsbad, CA 92008 I 760.931.8400 T I 760,931.9153 F www.carlsbad.org Item #11 January 24, 2017 Page 187 of 189 December 2, 2016 Carlsbad Planning Commission 1200 Carlsbad Village Drive Carlsbad, CA 92008 RE: Uptown Bressi Dear Commission: I would like to ask that the Planning Commission recommend that the City Council approve the proposed Uptown Bressi project. The project has been designed in accordance with the Policies and Goals of Envision Carlsbad as well as the Goals of the Bressi Ranch Master Plan. The design of the project contributes to the walkability of the Master Plan by providing residential units in close proximity to existing and future commercial uses. When I reviewed and approved the original Bressi Ranch Master Plan as a Council member in 2002, the City did not anticipate the demand for commercial uses in this part of the City. Additional commercial is needed in this area to serve both the Bressi Ranch residents and the surrounding business park. The multi-family portion of the project will provide market rate ownership units in the Master Plan which is a much needed housing type. These townhomes will allow people that do not want or need a single family detached home an opportunity to live in a walkable community. I am pleased that Shea listened to input from Bressi Ranch residents and designed a portion of the residential units as elevator served flats to provide an opportunity for them to purchase a unit for their parents in Bressi. Other residents indicated that they would like the opportunity to move from their existing single family home in the Master Plan to an elevator served flat as their children grew up and moved out and they no longer needed a large single family home. It is important to provide an opportunity for people to remain in their neighborhood as they age and their housing needs change. Please support staff's recommendation of approval and vote to approve the proposed Uptown Bressi project. ~~~~ Ramona Finnila CC DonNeu Van Lynch Item #11 January 24, 2017 Page 188 of 189 ITEM#S SHNDIEGDNDBTH Economic Oevefoprnent Council Connect. Develop. Grow. 760.510.3179 info@sdntdc.org 950 Boardwalk. Suite 303 San•Ma(COS, CA 920i8 November 11, 2016 www.sdnedc.org Board of Directors Officers & llxeculive Committee Brian Lee, ·chair Wells Fargo Richard Freeark, Vice President C.W.Driver Renato Aiesiani, Treasurer McKinney Capital Group Julie Dunlap, Secretary McKinney Advisory Group Alexis Gutierrez Higgs Fletcher & Mack Directors David Bennett Tri-City Medical Center Cheryl Broom MiraCosta College Karen Brust City of Encinitas OaleGanzow San Diego Business Journal Juanita Hayes SDG&E Heather Ferrante ViaSat Ed Quinlan Corporate Alliance Kimberly Thorner Olivenhain Municipal Water District Sarah Villarreal CSU San Marcos Ex-Officio Sam Jammal Camp Pendleton Mayor Hall and the Carlsbad City Council Director Don Neu and the Carlsbad Planning Commission 1635 Faraday Ave carlsbad, CA 92008 RE: UPtown Bressi at Bressi Ranch Dear Mayor Hall, Honorable Chairpersons and Commissioners: San Diego North Economic Development Council is a nonprofit coalition of the public and private sectors working together with community partners to sustain and strategically grow the economic base of North San Diego County. As outlined in our mission statement, the San Diego North EDC brings community leaders, elected officials, Chambers of Commerce, m ·cs, and businesses together to work collaoorativefy on improving the quality of life for the greater San Diego region. We provide forums fqr community engagement by-providing opportunities to discuss and be actively involved in current economic development issues, trends and strategies. By spearheading strategic initiatives, policies and programs we seek to stren~then our regional economy and improve our quality of life. This month, members of the ~an Diego North EDC's Board of Directors heard a presentation about the UPtown Bressi plan for Bressi Ranch in Carlsbad. During the presentation, we learned about the land use history and planning process behind the UPtown Bressi plan, including the incorporation of design features to mitigate its environmental Impact. Our interest in this project was enhanced due to its alignment with our mission by creating a live, work, play opportunity and enhancing dining and gathering experiences for local residents. We were impressed with the applicant's extensive community outreach and thoughtful land use planning efforts which engaged a wide range of stakeholders, from adjacent retailers and employers to members of the business community and the residents of Bressi Ranch over the course of three years. The outreach process produced a land use plan for the UPtown Bressi site which now responds to the need for brand new Tier Two housing within walking/biking distance of existing employers, including Viasat, cartsbad's largest employer, and is accessible to bus. lines and existing North County Transit District Breeze bus route, and service to the carlsbad Poinsettia Coaster Station. The process also produced a locally serving and sustainable retail center which c:ompliments the existing Bressi Ranch Village by providing additional services not yet offered. On top of it all, the UPtown Bressi plan is compliant with the goals and policies of the City of Carlsbad's General Plan and also meets 100% of the goals outlined in the Bressi Ranch Master Plan, specifically in its promotion of walkability and encouragement of community connection by providing social gathering spaces. Given the work conducted to create a land use plan for UPtown Bressi that makes so much sense, we believe a General Plan amendment to allow for this in-fill, mixed-use project is more than warranted -and should be supported by members of the Carlsbad Planning Commission and City Council. On behalf of the members of the Board of Directors of the San Diego North Economic Development Council, I ask that you please vote to approve the General Plan Amendment for UPtown Bressi at Bressi Ranch. s;ncerel~/~ Brian C. Lee /-t-<- Chair Item #11 January 24, 2017 Page 189 of 189 Many Households in Carlsbad Earning Less Than 100% the MFI for the city of $93,153 are Faced With Difficult Choices to Fulfill Their Housing Needs 100% MFI =a home purchase price of $632,000 • Expend a greater portion of their monthly income on housing cost, • Join the 55,000-plus commuter (3,600 Carlsbad employees) who drive from employment centers in San Diego County to Riverside County where housing cost are more affordable or • Buy higher density housing alternatives locally, which include condominiums and/or town homes, both of which consumers have demonstrated a willingness to accept. Ken Lee, Bressi Ranch resident La,,.:;bad, CA 9200~ ~IL{ I have lived in Bressi Ranch since .. and can honestly say that what I love most about this neighborhood is,community oriented and connected. '2--- fl..,v ,1, ,y \&. This is home to my family and me. It's where we're raising ourYclaughte!Sand the reason we were so invested in the discussion around UPtown Bressi. I have participated in the Shea community outreach process forllflyears. My wife and I even hosted a small group meeting in June of 2016 so our friends and neighbors could weigh in and provide feedback as well. What has struck me about this process is the time Shea has taken to get it right. When so many others are taking shortcuts and rushing to get projects to the finish line, Shea has invested their time and resources in our community to make sure that what they proposed was a good fit. For three years, they've had small group meetings, sent update letters and made themselves available to feedback and input. The best example of that was this summer. UPtown Bressi could have come before you in July, but Shea chose to hold off because they wanted to do more environmental studies. They heard from some residents and community groups that it was important to ensure UPtown Bressi addressed Carlsbad's new Climate Action Plan. So, they worked diligently with City staff. They commissioned a supplemental environmental report. They added design features and nearly 1,000 solar panels and photovoltaic systems for each residence. They went above and beyond to put in the time and it shows. UPtown Bressi is testament to what can be accomplished when developers work with neighbors, environmental groups and the City. Please approve UPtown Bressi and show others what it looks like to collaborate. Cadie Browne, Bressi Ranch resident Carlsbad, CA 92009 • I want to go on record as being 100% in support of the UPtown Bressi project being proposed by Shea. As a Carlsbad resident and homeowner of Bressi Ranch, I have been engaged throughout the past two years in what can only be called one of the most extensive outreach and resident engagement processes I have eve(!llitnessed. I moved to Bressi Ranch in-6e~a~se of the walkability and community feel of the neighborhood. Other communities have tried to recreate what we have here and have been • unsuccessful. • Although you are hearing from some voices who claim to represent Bressi Ranch residents, please recognize that those of us who cared enough to engage in the process with Shea are so pleased with this plan. UPtown Bressi represents the best of positive collaborative problem solving and creative place-making. • The Shea team conducted numerous meetings to hear what we wanted and didn't want on their site and made changes accordingly to be more in line with what Bressi Ranch residents wanted to see. Their plan reflects our requests to stay away from apartments and industrial as possible uses. • I believe UPtown Bressi is the perfect project to compliment the Bressi way of life. The outdoor dining and the addition of a main street-type experience are just what we have asked for. The townhomes and elevator-served flats fit in so well here and will attract high-end buyers that will be invested and engaged in our community. • I don't want the entrance to my neighborhood to be trucks rumbling to and from an industrial warehouse. UPtown Bressi is an opportunity to complete our community in a way that is befitting of Bressi Ranch. • I am so pleased that, with City approval, what will stand at the entry to our village core will NOT be an industrial complex and will NOT be an apartment complex, but will instead be a lovely new retail center with a main street entry that will finally complete the initial vision for Bressi Ranch. • Please approve UPtown Bressi. Annette Barruetto, Bressi Ranch Resident 2_ Good evening Mayor Hall and City Councilmembers, ~~,, My name is Annette Barruetto, and I have lived in Bressi Ranch for over 10 years. I am writing to voice our (my husband and I) support of Shea's proposal for UPtown Bressi. I attended the Planning Commission meeting back in December and, while I didn't speak at that Public Hearing, I would like you to know how we feel about this project. My husband and I participated in Shea's community outreach process and I'm happy to see that what they showed us then, is what is before you now. They have been consistent in their communication and responsive to our feedback. A mixed use project will fit in nicely within our area, including the traffic control measures that will be implemented on Gateway Ave. However, even with Shea's outreach and updates, I have been surprised by some of the misinformation floating around about UPtown Bressi. I even reiterated the outreach we'd received by posting on Facebook to help clear up some misconceptions. All in all, I am looking forward to UPtown Bressi. The new restaurants, shops and lounge spaces will give Bressi Ranch an added bonus that matches our way of life and adds to our neighborhood appeal. I know of many residents that could not make it tonight because of prior family commitments and/or work. Please approve UPtown Bressi! We would much rather see a mixed use lot than additional office buildings surrounding our beautiful community and Bressi Village. {That would only add more traffic problems in our shopping center.) ,/] __.-.-· ..,;..1. Thank you for you~tim , (j/J&?U tt , , /'It '-f c n) Still, Tucker Hohenstein, executive vice president San Diego Region of Colliers International and member of the San Diego North Economic Development Council, said the increase in activity is a welcome sign for the region's economy. "There are a variety of benefits from delivery of new industrial buildings in the North County market," Hohenstein said. Those include nearly a dozen fees associated with construction. In addition, fees from developers help offset the cost of cities' building departments. "Up and down the food chain, there is a lot of short-term development," Hohenstein said. "The fee component of the development is often overlooked as an economic benefit and often a strong benefit. There are probably over a dozen fees associated with a new project." As for long-term benefits, all of those goods and services that flow into and out of an industrial building are valuable, Hohenstein noted. "The reason industrial jobs are so important to the community is they are long-term providers of goods and services. The higher the wage paying jobs, the better." "The No. 1 thing cities focus on is recruiting employers to build industrial manufacturing plants," Hohenstein said. "It's an economic benefit to the city. Those cities aren't as economically prosperous as cities that have those." Carlsbad's P.lace In Carlsbad, Christie Marcella, the city's economic development manager, said the uptick in commercia uildings is a sign the market has recognized growth op_portunities in Carlsbad and North County. Although Carlsbad has the highest vacancy rate among the five cities -Escondido, Oceanside, Vista and San Marcos-in North County, the number has dropped steadily over the P.ast five years. In fact, Carlsbad ended the third quarter of2016 with a 6.9 percent vacancy rate, according to Chris Reutz, a research director for Colliers International. Marcella, though, reported the city's vacancy rates are 2.5 percent in retail, 8.3 percent in industrial and 18.2 percent for office. "The vacancy rates have steadily been declining over the past five years," she said "This shows confidence in our commercial real estate market and provides opportunities for growth of existing businesses and the establishment of new businesses here in Carlsbad. While we won't have concrete numbers on the impact of this development activity until tenants are in place, we do expect to see dollars come from business licenses, TOT (Transient Occupancy Tax) revenue and property tax." Although Carlsbad sits No. 1 in vacancy rates, the city is undergoing numerous new projects to increase its high-end manufacturing, research and development and warehousing sectors. eutz's report said Carlsbad is the fastest growing submarket in San Diego County since the end of the recessiOn. Also, Carlsbad average rent for industrial space is $1.08 per square foot, which is 1.9 percent higher than the third quarter of2015. Reutz also noted the 390,204-square feet of space under construction is 22 percent of the totals ace being built in the county, and among submarkets not counting research and development Carlsbad is No.1. 3 Kelly@kmclaughlin.net From: Sent: To: Cc: Subject: Kelly@kmclaughlin.net Monday, January 23, 2017 9:45 PM 'cori@corischumacher.com' 'Margie Caruso'; 'Shirley Armstrong' thought you might want to read this https:/ /www. thecoastnews. com/20 17/01 /06/countys-economy-expected-to-rise-as- developments-continue/ by Steve Puterski \flews: 453 1 Current developments underway in North County are expected to add jobs, goods and services and additional tax revenues to city coffers. Photo by Steve Puterski !REGION -As the boom of commercial and industrial develo ments continues the economic haul is also ex ected to rise. iBuilding permits, tax revenue, business licenses and other factors will add more money to city coffers. evelo ers are in the midst of adding more than 1.5 million-s uare feet of s ace to North County. ffhere are a number of major rojects throughout the region including six in Carl d and three in scondido. _,_ The financials, though, are difficult to forecast, as much of the space is not yet ready for tenants. Still, Tucker Hohenstein, executive vice president San Diego Region of Colliers International and member of the San Diego North Economic Development Council, said the increase in activity is a welcome sign for the region's economy. "There are a variety of benefits from delivery of new industrial buildings in the North County market," Hohenstein said. Those include nearly a dozen fees associated with construction. In addition, fees from developers help offset the cost of cities' building departments. "Up and down the food chain, there is a lot of short-term development," Hohenstein said. "The fee component of the development is often overlooked as an economic benefit and often a strong benefit. There are probably over a dozen fees associated with a new project." As for long-term benefits, all of those goods and services that flow into and out of an industrial building are valuable, Hohenstein noted. "The reason industrial jobs are so important to the community is they are long-term providers of goods and services. The higher the wage paying jobs, the better." "The No. 1 thing cities focus on is recruiting employers to build industrial manufacturing plants," Hohenstein said. "It's an economic benefit to the city. Those cities aren't as economically prosperous as cities that have those." Carlsbad's place n Carlsbad, Christie Marcella, the city's economic development manager, said the uptick in commercial buildings is a sign the market has recognized growth o ortunities in Carlsbad and North County. though Carlsbad has the highest vacancy rate among the five cities -Escondido, Oceanside Vista and San Marcos -in North County, the number has dro ed steadil over the ast five years. In fact, Carlsbad ended the third quarter of2016 with a 6.9 percent vacancy rate, according to Chris Reutz, a research director for Colliers International. Marcella, though, reported the city's vacancy rates are 2.5 percent in retail, 8.3 percent in industrial and 18 .2 percent for office. "The vacancy rates have steadily been declining over the past five years," she said "This shows confidence in our commercial real estate market and provides opportunities for growth of existing businesses and the establishment of new businesses here in Carlsbad. While we won't have concrete numbers on the impact of this development activity until tenants are in· place, we do expect to see Tt-eJ'rJ .r:JJ 11 City Council: Let me start by saying one of the many reasons we do not want this rezoned is because once you rezone it all promises are off. I would like you to hear the promises from Shea to us. Here is the BAIT: According to Shea's Fact Sheet on the website, UPtown Bressi has been designed to reflect the very special character of Bressi Ranch by introducing gathering places and amenities into a retail plaza which will accent and help elevate the Bressi Ranch lifestyle, while also eliminating the opportunity for an on-site apartments. They mention the apartments to make it appear this is still a threat, which it is not. A letter sent to Bressi Residents April18, 2016 Shea wrote: Your (referring to Bressi residents) input led to adding new defined walkways, dining patios/courtyards, and even an elevated terrace (to provide "Hillside Views") to serve as welcoming spaces for you your family and guests to gather. It will be 125 upscale for sale townhomes (with resort style living) as well as walkable neighborhood retail center featuring a small Main street like entry leading to shops, services, and restaurants anchored by a specialty market, that is the plan they sold us. What they are asking you to approve is not the above mentioned, so comes the switch. The most curious part of this is, never a mention of at least the drive through, probably because they knew we would not want that in our "walkable" neighborhood. The plan they are asking you to approve, there is nothing upscale, elevating, or luxurious about a liquor store and drive through and it does not elevate Bressi Ranch lifestyle by any means I Hopefully Van Lynch provided you with those letters and Fact sheet, so you have seen them for yourselves. Once Shea turned in their paperwork to the city which included the permit requests they have never updated us or their website, you can only find it through the city website or by attend a meeting. The plan now is for "luxury" town homes to be sandwiched in between a growing airport, a drive thru, and a liquor store. They mention "anchored by a specialty market" I did some looking at the average size of a Bevmo and it is 10,000 square feet, can Shea now say that with a store that size on this lot, this is the anchor store? I looked up two cities that faced the same issue putting a Bevmo in a primarily residential area, Oakland and Marin. Both denied the permits stating that because of hazards they impose on the residence from the trucks and deliveries, the traffic they bring, risk to children walking and riding bikes, it does not belong in a residential neighborhood. Also we have a new growing demographic in Bressi and its teenagers, kids who grew up here and are now driving and running around on their own unsupervised, already we are seeing some teenage shananigans in the neighborhood. If a Bevmo/liquor store and CVS or drug store go in for cheap snacks so those kids will be either crossing the busy streets or driving through the chakains like on Cassia and you already know the issues you are having there. Shea sold the planning commission on the traffic fix and that it was that chakains were the answer, now we know they are not. You are opening Pandora's Box with this ... it started when you approved a CVS with a drive thru in La Costa, Shea is now asking for another drive thru in a residential area. If you rezone our master plan you, you will have other developers pushing you in the future to do the same, and you will loose the confidence of those who voted you into those seats you sit in. We expect you the board to uphold our agreement and not let a developer who has a lot of money come in and change our neighborhood that we have worked hard to help pay for via Mello Roos and taxes. Please deny the rezoning and do not allow this Bait and Switch by Shea and destroy our neighborhood. Amy Hagen-Mello Roos tax paying Bress Ranch Resident While we've retained the core of our initial mixed-use concept over the past years, you helped us add key features which are destined to distinguish UPtown Bressi as an enviable lifestyle center for all ages and life st ages. Here's a summary of what's planned: A neighborhood-level retail center • 91,164 sq. ft. of retail space • Walkable Main Street-like entry • Specialty market, dedicated restaurant and retail shop space • Defined, tree-shaded pedestrian walkways to connect shops and stores • Inviting dining patios with "tree tables," bar seating, bistro tables, and string lighting • Conversation seating around coffee tables and fire tab!es • Raised planters with built-in banquettes • A dedicated interactive children's play area with stroller station • An adult-oriented alfresco dining/lounge terrace with hillside views • Shade structures and overhead trellises • Large specimen trees and landscaped walkways A luxury residential neighborhood • 125 upscale, contemporary townhomes • Estimated average sales price = $600,000s • Elevator-served, single-level flats designed for more mature homebuyers • Balconies, covered patios, brick and wood facades, ceramic tile inserts, hardwood and metal accents • Resident-exclusive recreational amenities including resort-style pool/spa, outdoor kitchen and dining patio, bocce ba!! court, a!1d dedicated green space • Landscaped walkways to retail center • Homebuyer demographic profile: o Affluent singles and professional couples o Equ ity-rich/active retirees/empty-nesters replacing large family homes with elegant townhomes within walking distance of dining, shopping, and specialty services In addition, we have some more exciting news to share. You might recall that last August, the City of Carlsbad hosted a public Seeping Session to secure input on the scope of issues to be analyzed in the UPtown Bressi Environmental Impact Report (EIR). The Draft EIR is now available at several locations including the City of Carlsbad website at http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?BiobiD=30467. We're very pleased to announce that the Uptown Bressi Draft EIR concluded that there are no environmental impacts associated with UPtown Bressi which cannot be adequately addressed or mitigated to a Less Than Significant Level. We worked hard to create an environmentally sensitive plan and are proud that the UPtown Bres$i Draft E!R supports cur efforts. We appreciate the input we've received throughout this process. We believe Uptown Bressi compliments the unique Bressi Ranch community character. We now look forward to turning the Uptown Bressi vision into reality. Thankyou! Sincerely, K(/fkk d!::;(}~ Vice President of Acquisition and Development, Shea Properties Community Development Manager, Shea Homes 9191 Towne Centre Drive, San Diego, CA 92122 Ref: Uptown Bressi Ranch Zoning Change Honorable Council Members: Shirley Anderson, ( Drive, Bressi Ranch 92009. After spending nearly a year looking for a home in Carlsbad we purchased in Bressi Ranch in 2010, after researching the Carlsbad area. We were drawn to a planned community where we knew what was zone for development. It was our wish to settle down and retire in Bressi Ranch. We were sold on the idea of knowing what was proposed for the future build out. We understand that sometimes there must be adjustments to a plan but we never thought that zoning would be tossed out at the request of a new developer and at the expense of the existing homeowners. It makes it very difficult, going forward, for me to recommend my community as a place to live, when what you are sold one day means nothing and can be easily changed. Going forward, how do you expect developers to sell master planned communities to home buyers with the expectation that the plan can/will be change in 10 years? I attended the Planning Commission meeting that approved this request of the zoning change to go forward to the Council. I, along with about 30 of my neighbors, were there to support "no zoning changes." It was very difficult to watch, after 5 hours of testimony, to have our concerns dismissed without further investigation on the part of the Planning Commission. It was hard to listen to all the representatives of Shea speak as though they had current input from our community, when the last time we heard from them was through a vague mailer sent to us in April 2016. This Council needs to ask, does this zoning change align with the Carlsbad Master Plan? Does this zoning change align with the Bressi Ranch Campus Plan? Will this Zoning Change be the right use for this 17 acre parcel? Balancing of Land Uses Results in Healthy Revenues. The General Plan provides for balanced land use development, with a similar proportion of land uses and population in the future as today. This would continue reinforcement of the city's strong position as an employment hub, and growth in retail and hotel uses, which provide "net revenue gains" for the city. As the city approaches buildout as outlined in its Growth Management Plan, there continues to be a balance of available land for the development of industrial and business uses to complement the remaining land that could be developed as residential. This industrially-designated land will help serve the local economy and strengthen Carlsbad's position as a net importer of jobs. Rezoning this land would cause a Loss of Employment Land for the higher paying sector, which is much needed in Carlsbad. Please leave the Master Plan alone due to the need for high paying employment positions and the need for this allocated land to be left industrial which was well thought out and strategically planned with the recent creation of Carlsbad's General Plan. This supports the need to leave this allocated piece of industrial land as is. Housing can be put almost anywhere, but not large planned industrial. Why would you take a prime piece of industrial property and make it into something that can be placed anywhere throughout the city. Does not make sense especially in light of the need as evidenced by the article dated by ... Back at the planning meeting in December, where the planning committee unanimously approved the Uptown Bressi Project, one of the main points used in support of the project was the "need" to meet our affordable housing mandate. This sentiment was expressed multiple times throughout the evening. The question I have is, what has changed since the completion of the Carlsbad General Plan a little over a year ago? In the plan, it was established that Carlsbad has met and exceeded all necessary affordable housing to 2021, and has exceeded those goals by projecting the states need for affordable housing to 2035. Even without changing the zoning in Bressi Ranch, Carlsbad would still meet and exceed the state mandated housing requirements. And since this project would only provide an additional 25 homes, I don't understand the real push to approve it, based on this argument. Is this still your argument today even after the planning department confirmed that we do not NEED this project to meet the Regional Housing Needs Assessment numbers?? Low ~~Jo ~~~ ·-FV ~~~~~~ ~J Narative 4 There is a concern of the loss of valuable employment land. My ~ understanding of this, is that with the zoning change you will have businesses that provide employment for minimum wage workers, not high wage earners that would be able to afford mortgages to purchase homes in the community where they can work and live, which is the philosophy of the Bressi community. It has been stated by SanDag that 3/4 of the Carlsbad residents commute out of Carlsbad for work. There does not seem to be data to show how many employees commute into Carlsbad for work and where they commute from. Knowing that the main industry in Carlsbad is tourism, which creates a low pay work force, I would assume that same statistic fits this group driving in. The zoning should be retained as light industrial, in order to fulfill the need for higher paying jobs that will create a true work/live environment versus a retail low pay environment with workers commuting. The businesses in the current Bressi shopping area turn over frequently. If new retail is built at Uptown Bressi it needs to be businesses that will enhance, not hurt, the existing businesses. We have heard that the Fire Department has brought forward probable issues with the placing of residential units at the Uptown Bressi site. These were valid concerns regarding fire response into the area. There are also hazardous waste issues. Placing residential units in the parking lot of a BevMo just does not make since to me. Building Residential on that site seems like a bad idea all around. This community will be on the busiest street in Carlsbad and is in the direct flight path of the airport landing zone. It will be the closest residential housing to the airport and only 3500 feet from touch down. We all know that Bressi was designed to be a walking community. Why is Shea proposing drive through businesses? Andrea Dykes From: Sent: To: Cc: Subject: Dear Councilmember, Staci Renert < msstaciS1 > Tuesday, January 24, 2017 3:11 PM Cori Schumacher Council Internet Email Uptown Bressi Development rdl Receive -Agenda Item # JL For the Information of the: CITY COUNCIL / ACM V CA V CC V _/ Date~ City Manager£ I am an active Carlsbad resident who is very opposed to the Uptown Bressi development plan. There are numerous issues as to why the plan is a poor idea including traffic issues and impacted schools. The shopping center is already a traffic disaster and no amount of roundabouts are going to remediate the issue. They are already a disaster on Cassia St.. Schools in the area are full and at their limit-they are already not performing well and bringing in lower income families will generally not help those scores. In addition, ViaSat will be developing the neighboring land this year and will add to the traffic issues. I am against developing the area as designed. Once you permit the current groups who plan on developing there, there is a great chance they will do whatever they want with the land within a certain amount of basic guideline they agreed to. Thank you for your time. Staci Renert 1 Andrea Dykes From: Sent: To: Subject: Dear Carlsbad Council members, Moira Jones < moirajonesL _ --~·, Tuesday, January 24, 2017 2:00 Pfvl Council Internet Email Uptown Bressi Development--! am opposed All Receive -Agenda Item # .!l_ For the Information of the: CITY COUNCIL AeM_LeA vee~ Data '/:L.<Ib,eity Manager JZ. I am a resident of Bressi Ranch and strongly oppose the plan to rezone the vacant area called "Uptown Bressi." The increase in traffic will be unbearable and unsafe, regardless of traffic lights, speed bumps or any other plans to mitigate traffic. Simply stated-the traffic will increase, not decrease, and the direct impact will be on Bressi Ranch families. I know that it's anticipated this will be a "walking friendly" area, but I can assure you that people will not walk. Furthermore, this area falls within the Palomar Airport "Zone of Influence" and thereby seems unsafe for residential use. I urge you to carefully consider the impact Uptown Bressi will have on the people who live in this area and vote "no." Thank you, Moira Jones 63~ Carlsbad, CA 92009 1 ~ CARLSBAD CHAMBER OF COMMERCE Mayor Matt Hall Members of the Carlsbad City Council Members of the Carlsbad Planning Commission December 5, 2016 RE: Uptown Bressi at Bressi Ranch All Receive -Agenda Item # _11_ For the Information of the: CITY COUNCIL ACM v CA 1/ CC / · Date '../2iflij City Manager / The Chamber of Commerce is the leading voice of business in Carlsbad-often working cooperatively with the City on key initiatives. The Chamber supports the Uptown Bressi project that is making its way through the planning process at this time. The project Shea Properties and Shea Homes is proposing was developed through extensive community outreach and thoughtful land use planning efforts with the stakeholders in the region. In addition to the 125 townhomes and elevator-served flats, Uptown Bressi will add a locally serving and sustainable retail center which compliments the existing Bressi Ranch Village by adding additional services and restaurants. A key support element for the Chamber is the project brings economic benefits to the city. Through Uptown Bressi, the city stands to garner more than $40 million in local income, taxes and fees they can use for services and facilities for the community. We urge you to support the Uptown Bressi project which provides a live work-play opportunity that will truly benefit the entire community. Ted Owen President and CEO 5934 Priestly Drive I Carlsbad, CA 92008 I 760.931.8400 T I 760.931.9153 F www.carlsbad.org Andrea Dykes From: Sent: To: Cc: Subject: Attachments: Dan Weis <daweis<L !> Sunday, January 22, 2017 10:16 PM Council Internet Email Van Lynch UPtown Bressi Project UPtown Bressi Letter-Weis.PDF All Receive -Agenda Item # .1L For the Information of the: CITY COUNCIL ACM ~ CA -4L CC _L_ . Date1/::.~/t1 City Manager V Hello. Please see the attached letter of support pertaining to the UPtown Bressi project. We are unable to make the City Council meeting on the 241h where this project will be discussed. Thanks in advance for reading the attached. If there are any questions, please feel free to call or email. Best Regards, 02" ~ ....... Samantha Weis 64 __ --· Carlsbad, CA 92011 760-672-6338 1 1/22/2017 To: Carlsbad City Council 1200 Carlsbad Village Drive Carlsbad, CA 92008 From: Dan and Samantha Weis .-, · 1 ive vansoaa ljA 92011 Subject: Shea Properties -UPtown Bressi Project, Carlsbad, California Dear Mayor Hall and Carlsbad City Council Members Blackburn, Packard, Schumacher (Cori) and Schumacher (Michael): We reside approximately two and a half miles west of the proposed UPtown Bressi project and are in support of the proposed project and the associated change in zoning from commercial/light-industrial to higher density residential/retail for a myriad of reasons, a few of which are listed below: • The stretch of land fronting Palomar Airport Road between Melrose Drive and El Camino real is completely occupied by concrete tilt-up buildings and vacant lots pending construction of concrete tilt-up buildings. The proposed UPtown Bressi project will bring a much-needed diversity to this stretch of land and a welcome change of view to passersby who are using Palomar Airport for bicycle or vehicular travel. With all of these lots developed for commercial/light industrial purposes, we might as well be looking at a streetscape in Irvine. There are plenty of buildings available for occupancy and other vacant lots in the area available for build out by tech or other business organizations who may wish to move to the area. The design and architecture of the project will also bring aesthetic value to this area, highlighting the awesome quality of our City. • California is in the midst of the worst housing crisis ever recorded in our State and it is refreshing to see a high-density residential project that will offer units that are for sale, and not solely for rent. This is a sign of our continually improving local economy. We are very pleased to see 125 for sale units planned for construction here versus the originally proposed 450 rental units by a former developer. • Housing affordability is our City is in the dregs. Of the 125 luxury condominiums to be offered for sale at the Uptown Bressi project, 20 percent of such units will be sold significantly below their fair market value (as low as one-third of fair market value) to buyers represented by the low to middle economic classes. This alone should serve as the basis for City Council approval of this project. We have not heard of any such opportunity for home buyers in our City since the economic meltdown of 2008 and 2009 occurred and development in the City essentially froze. There are some people in the city who claim that the offering of affordable housing at this location (and others) will lead to increased crime rates. Please do not buy into this false and bigoted claim. It is without merit. Andrea Dykes From: tysonlund non behalf of Tyson Lund <tyson@lundteam.com> Sent: To: Cc: Subject: Monday, January 23, 2017 10:54 AM Council Internet Email; Van Lynch Garrett Lund UPtown Bressi-Voice of Support Good morning members of the City Council, All Receive -Agenda Item # J.L For the lnfmrnation of the: ~ITY COUNCIL AC~~CALCC_x'_ Da.te ~City Manager 7 As a Carlsbad resident who both lives and works in Bressi Ranch, I am writing to show support for the UPtown Bressi project and hope it passes with full support at the January 24<>City Council meeting. Myself and several members of our family participated in the community workshops hosted by Shea. I feel the project adds value to the area and helps to satisfy the needs of smart growth within the city. Should any of the council wish to call me directly for questions or comments my cell= 760.533.7684. Thank you all for your special efforts on behalf of our City and its residents. Tyson Lund 2 Carlsbad, CA 92009 This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by e-mail and destroy all copies of the original message. 1 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00p.m. on Tuesday, January 24, 2017, to consider approving the certification of an Environmental Impact Report, including the approval of Candidate Findings of Fact and a Mitigation Monitoring and Reporting Program and approving a General Plan Amendment from Planned Industrial to Local Shopping Center and R-23 Residential, Local Facilities Management Plan Amendment, Master Plan Amendment, Vesting Tentative Tract Map, Planned Development Permit, two Site Development Plans and two Conditional Use Permits for the development of a 17.71 acre site within the Bressi Ranch Master Plan with a 91,164 square foot shopping center, and a 125 unit multi-family condominium project, all located at the southwest corner of Palomar Airport Road and El Fuerte Street, north of Gateway Road, and east of Colt Place and located within the southeast quadrant of the City within Local Facilities Management Zone 17 and more particularly described as: Lots 29 through 32 of Carlsbad Tract Map CT 02-15 Bressi Ranch, in the City of Carlsbad, County of San Diego, State of. California, according to map thereof No. 14960, filed in the Office of the County Recorder of San Diego County, February 4, 2005 Whereas, on December 7, 2016 the City of Carlsbad Planning Commission voted 5-0-2 (L'Heureux and Montgomery absent) to recommend approval of the certification of an Environmental Impact Report, including the approval of Candidate Findings of Fact and a Mitigation Monitoring and Reporting Program and approving a General Plan Amendment from Planned Industrial to Local Shopping Center and R-23 Residential, Local Facilities Management Plan Amendment, Master Plan Amendment, Vesting Tentative Tract Map, Planned Development Permit, two Site Development Plans and two Conditional Use Permits for the development of a 17.71 acre site within the Bressi Ranch Master Plan with a 91,164 square foot shopping center, and a 125 unit multi-family condominium project, all located at the southwest corner of Palomar Airport Road and El Fuerte Street, north of Gateway Road, and east of Colt Place and located within the southeast quadrant of the City within Local Facilities Management Zone 17. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after Thursday, January 19, 2017. If you have any questions, please contact Van Lynch in the Planning Division at (760) 602-4613 or van .lynch@carlsbadca.gov. The time within which you may judicially challenge the Environmental Impact Report, General Plan Amendment, Master Plan Amendment, Local Facilities Management Plan Amendment, Vesting Tentative Tract Map, Planned Development Permit, two Site Development Plans and/or the two Conditional Use Permits, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Environmental Impact Report, General Plan Amendment, Master Plan Amendment, Local Facilities Management Plan Amendment, Vesting Tentative Tract Map, Planned Development Permit, two Site Development Plans and/or the two Conditional Use Permits in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad. Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: EIR 15-01/GPA 14-04/MP 178(1)/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14- 13/SDP 16-06/CUP 14-09/CUP 16-01 CASE NAME: UPTOWN BRESSI PUBLISH: FRIDAY, JANUARY 13, 2017 CITY OF CARLSBAD CITY COUNCIL ·Easy Peel® La be.~ Use Avery® Template 5160®/8160™ I "--Bend along line to I _. 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Feed Paper -expose Pop-up Edge™ l MINDO LEE UNIT 110 1130 CAMPBELL ST GLENDALE CA 91207 YUSUF M ABDULHAYOGLU 2727 PALMETTO DR CARLSBAD CA 92009 BRIAN & KARLA SWISHER 2711 PALMETTO DR CARLSBAD CA 92009 MANISH K & NEHA SINGH 2704 PALMETTO DR CARLSBAD CA 92009 PANIELLO FAMILY TRUST 11-05- 07 2716 PALMETTO DR CARLSBAD CA 92009 1 SKIP & CYNTHIA REED 2740 PALMETTO DR 1 CARLSBAD CA 92009 TAB & ORAL YNN SNAVELY 2783 PALMETTO DR CARLSBAD CA 92009 ROBERT & BIANCA ABOOLIAN I 2771 PALMETTO DR CARLSBAD CA 92009 I TONG TRUST 08-28-06 641 0 LIVE OAKS DR CARLSBAD CA 92009 TIMOTHY & HAMIE JAKUBOWSKI 6422 LIVE OAKS DR CARLSBAD CA 92009 I Etiquettes faciles a peler . li lltilicA7IA n::oh::orit .4\/I=DV® 1;;1,:;n®IR1t:::nMc 11 CLOAKEY FAMILY TRUST 02-'04- 97 2735 PALMETTO DR CARLSBAD CA 92009 ROBERT & TRACY ALLEN 2723 PALMETTO DR CARLSBAD CA 92009 TYLMAN MICHAEL A REVOCABLE TRUST 12-04-08 2707 PALMETTO DR CARLSBAD CA 92009 WISHING J B LIMA 2708 PALMETTO DR CARLSBAD CA 92009 SOO IN & HYO RAE LEE 2720 PALMETTO DR CARLSBAD CA 92009 SCOTT FOSTER 2744 PALMETTO DR CARLSBAD CA 92009 STEPAN & LORI B KARTSUB 2779 PALMETTO DR CARLSBAD CA 92009 KEVIN M MCCLUSKEY 7068 SITIO FRONTERA CARLSBAD CA 92009 PATRICK G & JAMI R RUSHING 6414 LIVE OAKS DR CARLSBAD CA 92009 MARTINSON FAMILY TRUST 12- 13-12 6426 LIVE OAKS DR CARLSBAD CA 92009 .... 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BROWN STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 MICHAEL MCSWEENEY-BIA SD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 Etiquettes d'adresse Easy Peel® Go to avery.com/templates : Use Avery Template 5160 I ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 OUVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 SD COUNTY PLANNING STE 110 5510 OVERLAND AV SAN DIEGO CA 92123-1239 SANDAG STE 800 401 B ST SAN DIEGO (A 92101 AIRPORT LAND USE COMMISSION SAN DIEGO CO. AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD CA 92008 Allez a avery.ca/gabarits : Utilisez le Gabarit Avery 5160 I Uptown Bressi EIR 15-01/GPA 14-04/MP 178(I)/LFMP 87- 17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14-09/CUP 16-01 Location Map COTTAGEDRTOWN GARDEN RD LEIGHTON CR VILLAGEGREENDRG ATE WAYRD FINNILAPLCOLT PLLOKER A V E A S TLOKERAVWEST PALOMARAIRPORTRD E L F U E RTEST GPA 14-04 Uptown Bressi SITE MAP PALOMAR AIR P O RT RDELCAMREAL L A COST A AVCA R L SB A D BLELCAMINOREAL MELR OS EDRAVIARAPY RAN CHO S A NTAFERDCOLLEGEBL VILLAGE GREEN DRSHAMROCKPLTOWN GARDEN RDCOTTAG EDRGATEWAYRD FINNILAPLCOLT PLB R ESSIRANCHWYLOKER AV EAST PALOMARAIRPORTRD LOKERAVWEST ELFUERTEST DARTINGTON WY 0 300 600150 Feet EIR 15-01 / GPA 14-04 / LFMP 87-17(A) /MP 178(I) / CT 14-09 / PUD 14-10 /SDP 14-13 / SDP 16-06 / CUP 14-09 / CUP 16-01 Uptown Bressi Commercial Project Description •10 acre site •91,164 square feet of commercial –28,000 square foot food market –16,454 square foot drug store/pharmacy with drive thru service window –11,650 square foot retail store –35,060 square feet retail shops Residential Project Description •7.7 acre site •125 dwelling units –103 townhomes •1,660 to 2,068 sq. ft. –22 stacked flats •735 to 1,340 sq. ft. •All for-sale units •20% Affordable BRESSIRANC H W YPALOMARAIRPORTRD GATEWAYRD NYGAARDSTPARADISE RD LEIGHTONCR ALAMEDACRLIBERTYPL VILLAGEGREENDRALLEYFINNILAPLCOLT PLLOKER A VEASTLOKERAVWEST VILLAGE GREEN DRCOTTAGEDRTOPIARY STINNOVATION WYDART INGTONWYALLEYELFUERTEST BRESSIRANC H W YPALOMARAIRPORTRD GATEWAYRD NYGAARDSTPARADISE RD LEIGHTON CR ALAMEDACRLIBERTYPLDISCOVERYRD VILLAGEGREENDRALLEYFINNILAPLCOLT PLLOKER A VEASTLOKERAVWEST VILLAGE GREEN DRCOTTAGEDRTOPIARY STINNOVATION WYDART INGTONWYALLEYELFUERTEST PI PI PI PI R-8 R-4 OS L CFR-23 R-15 PI PI PI PI OS OS R-23 R-15 OS PI PI PI R-23 R-8 R-4 OS L CFR-23 R-15 PI PI PI PI OS OS R-23 R-15 OS L L L Existing Proposed General Plan Amendment •Local Shopping Center (L) Land Use designation •R-23 Residential –15 to 23 du/ac General Plan Implementation policies •Housing and commercial services compatible with existing uses •Compatible with Noise Element policies •Application accompanied by development plan and market study •Sustainability Element (CAP consistency) Existing Conditional Use Permits Site Hotels Bressi Ranch Master Plan Amendment •Amendment to reflect land use changes •To change the underlying zoning •To create new Planning Area 16 •To create development standards –Standards from existing PA 15 Commercial (C-L) –Residential Density Multiple and PD Ordinance •Other corrections to update document Bressi Ranch Master Plan •PA 15 –Commercial core of the Master Plan •26.7 Acres •130,000 Sq. Ft. Commercial/Office/CF uses/Open Space •120 Affordable Dwelling Units •200 Assisted living units •2 acre Village Green •Boys and Girls Club •Based on Ahwahnee Principals –Contain housing, shops, work places, schools, parks and civic facilities. –Walkable, including to transit –Diverse housing –Range of jobs LFMP Zone 17 •Amendment to review the impacts related to land use changes •Adequacy of infrastructure and facilities •South East Quadrant cap (987 du) •Excess Dwelling Unit Bank (564 du) Permit Entitlements •Vesting Tentative Tract Map •Residential –Planned Development Permit –Site Development Plan –Affordable Housing •Commercial –Site Development Plan –Commercial center –CUP -Drive through for Drug Store –CUP –Liquor Store Planned Development Permit •Residential development –21.45 –Compliance tables •Policy 66 –Livable Neighborhoods –Building orientation –Garages –Street design –Parkways/Walkways –Community Recreation Site Development Plan •Adequate in size to accommodate the use •Features provided to adjust the use to the site •Adequate street system Conditional Use Permits •Drive thru for drug store –Provides convenient and accessible access –Additional service hours –Adequate vehicular circulation and queuing Conditional Use Permits •Liquor Store –Public convenience or necessity •Employment •Business taxes •Unique business addition •No “undue concentration” –Adequate parking and circulation –CUP conditions Stacked Flats Palomar Airport Land Use Compatibility Plan •Noise Compatibility •Safety Compatibility Noise Compatibility •Residential and Commercial compatible outside 60 dB CNEL •Recordation of an Avigation Easement Noise Contours: 60 dB CNEL 65 dB CNEL 70 dB CNEL 75+ dB CNEL Safety Compatibility Site Final EIR 15-01/SCH No. 2015081017 •Final EIR Components –Draft EIR –Responses to Comments –Revisions EIR Process •Notice of Preparation: August 10, 2015 –September 8, 2015 •EIR Scoping Meeting: August 19, 2015 •Draft EIR Public Review Period: April 13, 2016 –June 1, 2016 •Final EIR: November 2016 Environmental Issues Analyzed in EIR •Aesthetics/Grading •Air Quality •Greenhouse Gas Emissions/Climate Change •Hydrology and Water Quality •Land Use Planning •Noise •Population/Housing •Parks/Recreation •Public Services and Utilities •Transportation/Circulation •Alternatives to the Project (3) •Cumulative Impacts Significant, Mitigated Environmental Impacts •Hydrology and Water Quality •Land Use and Planning •Noise •Traffic/Circulation EIR Conclusions Draft EIR Public Review •29 Comment Letters Received –1 agency –2 organizations –26 individuals •Main Environmental Issues: –Traffic/Circulation –Greenhouse Gas Emissions –Land Use and Planning •Final EIR Section 0.2 Response to Comments Traffic/Circulation Existing plus Project •Gateway Road/ Finnila Place Near-Term with Project •Gateway Road/ Finnila Place Buildout Conditions (Year 2030) •Gateway Road/ Innovation Way •Gateway Road/ Finnila Place Circulation Improvements Project Site Finnila PlaceGateway Road/Innovation Way – fair share contribution to install traffic signal Gateway Road/Finnila Place – install traffic signal Climate Action Plan (CAP) Project Review Thresholds and Checklist CAP Screening Threshold – 900 MTCO2e Project’s GHG emissions exceed City’s Threshold? Yes; proposed project must be analyzed against CAP Project Review Checklist to demonstrate consistency with CAP CAP Project Review Checklist Greenhouse Gas Emissions •Emission Reduction Strategies –Project Design Features (PDFs) •Designed with strong emphasis on pedestrian travel •Mixed-use project •Close proximity to transportation alternatives –CAP GHG Reduction Measures •Solar panels •Compliance with Green Building Code •LED lighting •Electric vehicle charging stations •Recycled water for landscaping •Inclusion of PDFs and CAP GHG reduction measures will exceed GHG reductions beyond those required by the CAP Conclusion •No new issues raised requiring recirculation (CEQA Guideline 15088.5) •RTC/EIR changes merely clarify, amplify or make insignificant modification in an adequate EIR Carlsbad Vacancy Rates Industrial •479 Building inventory •13,679,533 Sq. Ft. •9.1% vacancy rate Retail •197 Building inventory •3,324,411 Sq. Ft. •1.4% vacancy rate Q-4 2016 4.54.5acac 5.1 ac5.1 ac 1.5 ac1.5 ac 2 ac2 ac 11.6 ac11.6 ac 13.2 ac13.2 ac 4.1 ac4.1 ac 5.25.2acac 4.1 ac4.1 ac 6.4 ac6.4 ac 7.6 ac7.6 ac 7.5 ac7.5 ac 2.62.6acac 9.4 ac9.4 ac 1.3 ac1.3 ac 3.13.1acac 1 ac1 ac 0.9 ac0.9 ac 1.7 ac1.7 ac 2.3 ac2.3 ac 2 ac2 ac 0.9 ac0.9 ac 1.1 ac1.1 ac 6.5 ac6.5 ac 4.4 ac4.4 ac 33 acac 8.3 ac8.3 ac 2.22.2 acac 4.24.2acac 3 ac3 ac 2.4 ac2.4 ac 5.9 ac5.9 ac 8.1 ac8.1 ac5 ac5 ac 6.46.4acac 5.55.5acac 33 acac 11.4 ac11.4 ac 36.3 ac36.3 ac 11 ac11 ac 4.5 ac4.5 ac 4.94.9acac 5.15.1 acac 9.8 ac9.8 ac PPAALLMMEERRWWYYPOINSET TI A L N POINSET T I A L N AAVVII AA RR AA PP YY CC AA MMII NNOO VV IIDDAA RROOBBLLEE EE LL FFUUEERRTTEESSTTFFAARRAADDAAYYAAVV AASSTTOONN AAVV SSAALLKKAAVV COLLE G E B L COLL E G E BLCCAANNNNOONNRRDD PPAA LLOOMM AA RR AA II RRPPOORRTT RRDD YARROW DRYARROW DRIIMMPPAALLAA DDRR MM EE LL RR OO SSEE DDRR EEAA GG LL EE DDRRAALLIICCAANNTTEERRDDEELLCCAAMMIINNOORREEAALL RRUUTTHHEERRFFOORRDD RRDD LLOO KK EE RR AAVV WWEESSTT Document Path: J:\RequestsMarch2015\ComEconDev\Planning\00027662_17\VacantIndustrial.mxd, Date: 01/24/2017 Vacant Industrial Parcel Vacant Entitled Parcel Vacant Portion of Industrial Parcel Recommendation That the Planning Commission ADOPT Planning Commission Resolution No.7174 RECOMMENDING that the City Council CERTIFY the Environmental Impact Report EIR 15-01,including the approval of Candidate Findings of Fact and a Mitigation Monitoring and Reporting Program,ADOPT Planning Commission Resolution No.7175 RECOMMENDING APPROVAL of General Plan Amendment 14-04, Local Facilities Management Plan Amendment 87-17(A),and Master Plan Amendment 178(I)and ADOPT Planning Commission Resolution Number 7176 RECOMMENDING APPROVAL of Carlsbad Tract Map 14-09,Planned Development Permit 14-10,Site Development Plans 14-13 and 16-06,and Conditional Use Permits 14-09 and 16-01 based on the findings and subject to the conditions contained therein. Town Garden Gateway Rd Innovation Wy 24% 60% 16%