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Home My WebLink About2009-02-18; Planning Commission; ; CUP 07-03A|CDP 07-07A - BJ'S RESTAURANT & BREWHOUSEThe City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: February 18, 2009 Item No. 0 Application complete date: January 6, 2009 Project Planner: Jason Goff Project Engineer: Tecla Levy SUBJECT: CUP 07-03(A}/CDP 07-07(A) -BJ'S RESTAURANT & BREWHOUSE - Request for a recommendation of approval of a Conditional Use Permit Amendment and a Coastal Development Permit Amendment for the development of an 8,376 square foot stand alone restaurant with 1,085 square feet of outdoor dining on property generally located on the west side of Paseo Del Norte, north of an approved retail commercial center, south of Car Country Drive, and east of the Interstate 5 freeway, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 3. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 6533 and 6534 RECOMMENDING APPROVAL of a Conditional Use Permit Amendment CUP 07-03(A) and a Coastal Development Permit Amendment CDP 07-07(A), based on the findings and subject to the conditions contained therein. II. INTRODUCTION The applicant, BJ's Restaurant, Inc. is proposing to develop a stand alone restaurant with outdoor dining on Parcel "C" within the previously approved, but not yet built, Carlsbad Paseo project site (a.k.a. "Paseo Galleria" Center), which is located across from the Carlsbad Premium Outlets Mall along the west side of Paseo Del Norte, south of Car Country Drive, and east of the Interstate 5 freeway. The proposed restaurant use is permitted by the C-T-Q Zone, and is subject to the approval of a Site Development Plan (SDP). Because the site is located within the Commercial/Visitor-Serving Overlay Zone, the Conditional Use Permit (CUP) process replaces the SDP permit and the CUP must be approved by the City Council. The project's location within the Mello II Segment of the Local Coastal Program requires the processing and approval of a Coastal Development Permit (CDP), and in accordance with Carlsbad Municipal Code (C.M.C.) Section 21.201.120(8), the City Council shall be the final approval authority. The proposed restaurant use was analyzed as part of the "Paseo Galleria" Center project (CUP 07-03/CDP 07-07). Amendments to CUP 07-03 and CDP 07-07 are necessary to approve the specific details (i.e. architecture and plotting) of this previously approved use. As designed and conditioned, the project is consistent with all applicable standards and policies, and the necessary findings to approve the CUP and CDP Amendments can be made. CUP 07-03(A)/CDP 07-07(A)-BJ'S RESTAURANT & BREWHOUSE February 18, 2009 Pae 2 III. PROJECT DESCRIPTION AND BACKGROUND Background On August 12, 2008, the City Council approved a Mitigated Negative Declaration and Mitigation Monitoring & Reporting Program, Conditional Use Permit (CUP 07-03), and Coastal Development Permit (CDP 07-07) for the development of the "Paseo Galleria" Center. On August 21, 2008 the City Engineer approved a Tentative Parcel Map (MS 07-02). These approvals allowed for the subdivision of a vacant 6.96-acre site into three separate parcels and the development of a 7,511 square foot stand alone P.F. Chang's China Bistro restaurant on the southernmost Parcel "A", a 44,391 square foot two-story commercial retail center on Parcel "B", and a building pad area for a future stand alone restaurant of approximately 9,100 square feet in size on the northernmost Parcel "C". A total of 533 parking spaces were approved with the site plan. The "Paseo Galleria" Center is presently undergoing its grading and building plan check review. Project Description The proposed project consists of a request for a Conditional Use Permit Amendment and Coastal Development Permit Amendment for the architecture and plotting of a stand alone BJ's Restaurant & Brewhouse on Parcel "C" (1.93 acres) of the previously approved, but not yet built, "Paseo Galleria" Center. The scope of work for the proposed restaurant includes the construction of a new 8,376 square foot freestanding restaurant; a 1,085 square foot patio for outdoor dining; construction of a new trash enclosure on the north side of the building; modifications to the approved parking layout and landscape areas directly around the building pad; and installation of landscape and decorative pavement surrounding the proposed building. The architectural design of the proposed building is reminiscent of an old industrial loft space. This is characterized on the interior by high ceilings and exposed duct work, stone and tiled archways, and stamped tin cornices. On the exterior, multiple rooflines and tower features break up the facades. The building utilizes painted stucco as its primary exterior finish with a slate tile wainscot and cultured stone sill; painted steel awnings are proposed over each window and the building's primary entrance; and enhanced exterior lighting is incorporated into the building facades to accent specific areas of the building's architecture. IV. ANALYSIS The proposed project is subject to the following plans, ordinances, standards, and policies: A. General Plan: Travel/Recreation Commercial (T-R) Land Use designation; B. Commercial Tourist, Qualified Development Overlay (C-T-Q) Zone, and Commercial/Visitor-Serving Overlay Zone; C. Conditional Use Permit findings (C.M.C. 21.42.030), and findings pursuant to the CommercialNisitor-Serving Overlay Zone (C.M.C. 21.208.110); D. Mello II Segment of the Local Coastal Program, and Coastal Resource Protection Overlay Zone (C.M.C. Chapter 21.203); CUP 07-03(A)/CDP 07-07(A)-BJ'S RESTAURANT & BREWHOUSE February 18, 2009 Pae 3 E. Airport Land Use Compatibility Plan (ALUCP) for McClellan-Palomar Airport; and F. Growth Management (C.M.C. Chapter 21.90) and Zone 3 Local Facilities Management Plan. The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in the sections below. A. General Plan The General Plan Land Use designation for the project site is Travel/Recreation Commercial (T- R). This designation allows for commercial uses that serve the travel and recreational needs of tourists, residents, and employees of business and industrial centers. The proposed restaurant use is part of the "Paseo Galleria" Center, which was previously analyzed and found consistent with all elements the General Plan. Accordingly, this project is consistent with the General Plan. B. Commercial Tourist, Qualified Development Overlay (C-T-Q) Zone, and CommercialNisitor-Serving Overlay Zone The project site is zoned Commercial Tourist, Qualified Development Overlay (C-T-Q) Zone, and is also located within the CommercialNisitor-Serving Overlay Zone. The CommercialNisitor-Serving Overlay Zone contains development standards for projects within the overlay and supersedes some of the standards of the underlying zone. In addition, the C-T-Q Zone requirement tq process a Site Development Plan is superseded by the requirement to process a Conditional Use Permit through the CommercialNisitor-Serving Overlay Zone. The Conditional Use Permit findings and the Commercial/Visitor-Serving Overlay Zone findings are discussed below in Section C of this report. The project complies with all applicable requirements of the C-T and CommercialNisitor- Serving Overlay Zone as illustrated in Table 1 below: TABLE 1-C-T ZONE I COMMERCIAL/VISITOR SERVING OVERLAY COMPLIANCE STANDARD REQUIRED PROPOSED Permitted Use CommercialNisitor-Serving uses Restaurant w/ Outdoor Dining. (i.e. Restaurant w/ Outdoor Dining) Building Height: 35 ft./ 45 ft. for allowed 34 feet protrusions Setbacks: Minimum building setback from The proposed building setback any public street shall be 30 feet. from Paseo Del Norte is in excess of 30 feet. CUP 07-03(A)/CDP 07-07(A)-BJ'S RESTAURANT & BREWHOUSE February 18, 2009 Pae 4 STANDARD TABLE 1-C-T ZONE I COMMERCIALNISITOR SERVING OVERLAY COMPLIANCE CONTINUED REQUIRED PROPOSED Setbacks ( continued): For parcels eight acres or less in Parcel "C" of the "Paseo size, the back 10 feet of the Galleria" Center was originally required setback may be used as approved with the back 10 feet circulation aisles or parking spaces of the required 30 foot setback provided there is adequate use of being utilized for parking. landscaping and screen walls. Adequate landscaping, which included a decorative 42-inch tall screen wall, was approved within the first 20 feet of the 30 foot setback area closest to Paseo Del Norte. The proposed site plan modi'fications for the plotting of the BJ's Restaurant do not affect this area of the previously approved project. Minimum building setback from The project proposes a any freeway right-of-way shall be building setback from the 30 feet, of which the back 20 feet Interstate 5 freeway in excess may accommodate circulation of 30 feet. Parcel "C" of the aisles, trash and/or recycling "Paseo Galleria" Center was enclosures, and/or parking spaces. originally approved with the back 20 feet of the required 30 foot setback being utilized for parking spaces and circulation drive aisles. The proposed site plan modifications for the plotting of the BJ's Restaurant do not affect this area of the previously approved project. CUP 07-03(A)/CDP 07-07(A)-BJ'S RESTAURANT & BREWHOUSE February 18, 2009 Pae 5 TABLE 1 -C-T ZONE/ COMMERCIALNISITOR SERVING OVERLAY COMPLIANCE CONTINUED STANDARD REQUIRED PROPOSED Parking: Restaurant: Parcel "C" of the "Paseo (2,000 SF or greater): 20 Restaurant Area= 8,376 SF Galleria" Center was originally spaces plus 1 space per 2,000 SF = 20 spaces approved with 162 parking 50 SF of gross floor area 6,376 SF+ 50 = 128 spaces spaces. The proposed site plan in excess of 2,000 SF. is being modified to accommodate the proposed Outdoor Dining: restaurant footprint and trash 1 space per 100 SF of Outdoor Dining Area= 1,085 SF enclosure. Three (3) of the gross floor area. 1,085 SF+ 100 = 11 spaces 162 parking spaces are being removed and replaced by Total Parking Reguired: landscaping and an at-grade 20 + 128 + 11 = 159 spaces ADA accessible ramp leading from the parking lot to the restaurant entrance. A total of 159 parking spaces are required for a restaurant with outdoor dining of this size, and 159 parking spaces are being provided. It should be noted that the elimination of the three (3) parking spaces for Parcel "C" will not affect the overall parking requirement for the "Paseo Galleria" Center, in that each of the approved parcels that make up the center were individually parked to handle their own parking requirements. Building High quality simulated building The proposed restaurant Materials/Colors: materials such as imitation brick, utilizes a combination of non- stone, marble, or wood may be primary colored high quality approved. The primary colors of building materials. Painted blue, red, yellow, and green shall stucco is the primary exterior not be dominate building colors finish with a slate tile wainscot and cultured stone sill. Painted steel awnings are proposed over each window and building's primary entrance. Lighting is incorporated into the building facades to further accent the architecture. CUP 07-03(A)/CDP 07-07(A)-BJ'S RESTAURANT & BREWHOUSE February 18, 2009 Pae 6 TABLE 1 -C-T ZONE/ COMMERCIALNISITOR SERVING OVERLAY COMPLIANCE CONTINUED STANDARD REQUIRED PROPOSED Required Parking Lot 1 tree per six ( 6) parking spaces 48 trees are proposed on Parcel Trees: "C", which equates to 159 total parking spaces..,... 6 = 27 approximately one (1) tree per three (3) parking spaces. 27 parking lot trees required. 24-inch box proposed. 15 gallon min. _ Screening of All areas used for loading activities, The beer keg storage area and Loading/Delivery /Trash receiving deliveries and trash trash enclosure, which are both Enclosure Areas: enclosure locations shall be located located along the north onsite so as to be screened from elevation, are fully screened public points of view. Landscaping behind solid masonry walls, may assist this objective but is which are a minimum 6 ft. in secondary to locating these areas height and are architecturally onsite and/or using solid masonry integrated with the building. walls, to minimize visibility. Screening of Rooftop Roof-mounted equipment and/or Roof-mounted mechanical Equipment: other structural features shall be equipment is fully screened 0 screened from public view. below the parapet. The "Paseo Galleria" Center project (CUP 07-03) complies with all other applicable CommercialNisitor-Serving Overlay standards for monument sign landscaping, decorative _ paving, and the screening of parking areas. The proposed site plan modifications for the plotting of the BJ's Restaurant do not affect those previous approvals. C. Conditional Use Permit findings (C.M.C. 21.42.030), and findings pursuant to the CommercialNisitor Serving Overlay Zone (C.M.C. 21.208.110) Commercial projects located within the Commercial/Visitor-Serving Overlay Zone require the approval of a Conditional Use Permit by the City Council. The four findings for a Conditional Use Permit, along with the required findings for the CommercialNisitor-Serving Overlay Zone are summarized below: l. That the requested use is necessary or desfrable for the development of the community, and is in harmony with the various elements and objectives of the General Plan. The proposed restaurant use is desirable for the development of the community in that it will provide a service to the travel and recreational needs of tourists, residents, and employees of the surrounding businesses and industrial centers. As discussed in Section A above, the use is consistent with the General Plan. 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. CUP 07-03(A)/CDP 07-07(A)-BJ'S RESTAURANT & BREWHOUSE February 18, 2009 Pae 7 The proposed restaurant is not detrimental to the existing surrounding uses or to uses specifically permitted in the zone, in that the project has been designed to accommodate all parking onsite within Parcel 'C", provides for adequate traffic circulation around the building and within the· overall "Paseo Galleria" Center, and incorporates all of the required development standards of the Commercial Tourist and CommercialNisitor-Serving Overlay Zones to ensure compatibility of the project with the surrounding community. 3. That the site is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed by code and required by the planning director, planning commission or city council, in order to integrate the use with other uses in . the neighborhood. The 1.93-acre Parcel "C" is adequate in size and shape to accommodate the proposed restaurant and can fit within the proposed development area without the need for any development standard modifications. Furthermore, the project complies with all of the required development standards and parking requirements of the C-T Zone and the CommercialNisitor-Serving Overlay Zone in that, adequate building and landscape setbacks are provided; the proposed building is designed with enclosed service areas to conceal trash receptacles and storage of supplies; and roof-mounted mechanical equipment is fully screened from public view. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. Traffic for the proposed restaurant use was previously analyzed as part of the approved "Paseo Galleria" Center, and through project design and traffic mitigation associated with that project, the street system serving the proposed project is adequate to properly handle all traffic that is expected to be generated, and all intersections and roadway segments serving the project will operate at acceptable levels of service. The CommercialNisitor-Serving Overlay Zone requires three additional findings as follows: 5. That the proposed project is adequately designed to accommodate the high percentage of visitor, tourist, and shuttle/bus alternative transportation users anticipated given the proposed use and site location within the overlay zone. The onsite circulation system has been adequately designed to accommodate the flow of traffic without creating conflicts between uses, and the site provides the required number of parking spaces necessary to accommodate the proposed restaurant use. This project is part of the overall "Paseo Galleria" Center, which includes reciprocal access agreements between each of the individual parcels and the adjacent uses to the south to ensure cross project vehicular circulation, and an interconnected pathway between the subject site, the public right-of-way, and the adjacent parcels to the south ensures safe cross project pedestrian circulation. CUP 07-03(A)/CDP 07-07(A)-BJ'S RESTAURANT & BREWHOUSE February 18, 2009 Pae 8 6. That the building form, building colors, and building materials combine to provide an architectural style of development that will add to the objective of high quality architecture and building design within the overlay zone. The building has been designed with an alternative architectural design, which is compatible with other existing and approved surrounding buildings within the vicinity. The proposed building represents a high quality of architectural design through the use of varied building forms, high quality building materials, and decorative architectural elements. This combination of architectural elements creates a building that is complementary to the surrounding development, and adds to the objective of high quality architecture and building design within the overlay zone. 7. That the project complies with all development and design criteria of the overlay zone. As outlined above in Section B, the project meets or exceeds all of the development and design criteria of the overlay zone including, but not limited to parking, screening, building height, building setbacks, building design, and landscaping. D. Mello II Segment of the Local Coastal Program, and Coastal Resources Protection Overlay Zone (C.M.C. Chapter 21.203) The proposed restaurant is part of the "Paseo Galleria" Center, which has been previously analyzed and found in compliance with the applicable Mello II LCP resource policies and the Coastal Resource Protection Overlay Zone. No changes are being proposed by this amendment which would effect the previous determination. E. Airport Land Use Compatibility Plan (ALUCP) for McClellan-Palomar Airport Parcel "C" is located approximately 1.9 miles west of the McClellan-Palomar Airport and approximately 270 feet below the surface of the runway. It is located within the Airport Influence Area as identified in the Airport Land Use Compatibility Plan (ALUCP) for the McClellan-Palomar Airport. The site is located outside of the ALUCP 60 CNEL noise contour. The proposed restaurant falls under Land Use Category No. 8 of the ALUCP Noise/Land Use Compatibility Matrix (Commercial-Retail, Shopping Centers, Restaurants, and Movie Theaters). According to the ALUCP, the proposed use is considered to be "compatible" with aircraft noise exposures at the site. G. Growth Management (LFMP Zone 3) The proposed project is located within Local Facilities Management Zone 3 in the northwest quadrant. The increase on public facilities is minor with the revised project. The impacts on public facilities created by this project and compliance with the adopted performance standards are summarized in Table 2 below: CUP 07-03(A)ICDP 07-07(A)-BJ'S RESTAURANT & BREWHOUSE February 18, 2009 Pae 9 • TABLE 2: GROWTH MANAGEMENT FACILITY IMPACTS City Administration NIA Library NIA Wastewater Treatment Capacity 6EDU Parks NIA Drainage NIA* Circulation NIA* Fire Station 4 Open Space NIA Schools -Carlsbad Unified School District NIA Sewer-Carlsbad Municipal Water District 6EDU Water-Carlsbad Municipal Water District 1,272 GPD COMPLY Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes *The project's impact on Drainage and Circulation facilities were previously analyzed and accounted for with the approval of the "Paseo Galleria" Center project (CUP 07-03). No change is being proposed. V. ENVIRONMENTAL REVIEW The "Paseo Galleria" Center project (of which this restaurant land use is a part) was originally approved with a Mitigated Negative Declaration and Mitigation Monitoring & Reporting Program (City Council Resolution 2008-234, August 12, 2008). Staff has reviewed the amendment request to approve the architecture and plotting of the restaurant, and the Planning Director has determined that; the project is still in compliance and within the scope of the prior environmental documents; the project has no new significant environmental effects not analyzed as significant in the prior Mitigated Negative Declaration; none of the circumstances requiring a Subsequent Mitigated Negative Declaration under CEQA Guidelines Section 15162 exist, and no further CEQA compliance is required. ATTACHMENTS: 1. Planning Commission Resolution No. 6533 (CUP 07-03A) 2. Planning Commission Resolution No. 6534 (CDP 07-07A) 3. Location Map 4. Background Data Sheet 5. Local Facilities Impact Assessment Form 6. Disclosure Statement 7. Reduced Exhibits 8. City Council Resolution No. 2008-234, dated August 12, 2008 9. Planning Commission Resolution No. 6435 dated July 16, 2008 10. Planning Commission Resolution No. 6436 dated July 16, 2008 11. Planning Commission Resolution No. 6437 dated July 16, 2008 12. Exhibits "A" -"J" dated February 18, 2009. SITE MAP • N NOT TO SCALE BJ's Restaurant & Brewhouse CUP 07-03(A) I CDP 07-0?(A) BACKGROUND DATA SHEET CASE NO: CUP 07-03(A)/CDP 07-07(A) CASE NAME: BJ'S RESTAURANT & BREWHOUSE APPLICANT: BJ's Restaurant Inc. REQUEST AND LOCATION: A recommendation of approval of a Conditional Use Permit Amendment and a Coastal Development Permit Amendment for the development of an 8,376 square foot stand alone restaurant with 1,085 square feet of outdoor dining on property generally located on the west side of Paseo Del Norte, north of an approved retail commercial center, south of Car Country Drive, and east of the Interstate 5 freeway, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 3. LEGAL DESCRIPTION: Portions of Parcel 2 and 3 of Parcel Map No. 11284, filed in the Office of the County Recorder of San Diego County, May 11, 1981 and Lot 4 of Carlsbad Tract No. 92-7 (Carlsbad Ranch Unit 1 and Unit 2), according to map thereof No. 13078, filed in the Office of the County Recorder of San Diego County, December 28, 1993, all in the City of Carlsbad, County of San Diego, State of California, more particularly described as follows: Beginning at the northeasterly comer of said Parcel 3, said comer being the most northerly comer of said Lot 4, said comer being the point of beginning; thence southerly along the easterly line of said Lot 4, south 22°29'26" east (south 22°29'26" east per said Map No. 13078) 925.00 feet to the beginning of a tangent curve concave northeasterly having a radius of 557.00 feet; thence southeasterly along said curve through a central angle of 11 °20'36" .a distance of 110.27 feet to a point on said easterly line, a radial through said point bears south 56°09'58" west; thence leaving said easterly line south 55°50'26" west 343.71 feet to the westerly line of said Parcel 2; thence northwesterly along the westerly line of said Parcels 2 and 3, north 26°48'03" west (north 26°47'14" west per said Parcel Map 11284) 738.65 feet to an angle point comer of said Parcel 3; thence continuing along said westerly line north 25°12'24" west 300.01 feet (north 25°11 '47" west 300.01 feet per said parcel map) to an angle point comer of said parcel map; thence continuing along said westerly line north 26°15'29" west 68.05 feet (north 26°15'48" west 68.03 feet per said parcel map) to the northwest comer of said Parcel 3 of said parcel map; thence easterly along the northerly line of said Parcel 3, north 67°31 '12" east 399.93 feet (north 67°31 'l 7" east 400.00 feet per said parcel map) to the point of beginning. Said land is also described as Parcel A in that certain certificate of compliance for adjustment plat, dated October 1, 2002, and recorded October 18, 2002, as Document No. 2002-0913260, Official Records of San Diego County, California. APN: 211-021-30 Acres: 1.93 Proposed No. of Lots/Units: NIA GENERAL PLAN AND ZONING Existing Land Use Designation: Travel/Recreation Commercial (T-R) Proposed Land Use Designation: No Change Density Allowed: NIA Density Proposed: NIA Existing Zone: Commercial Tourist, Qualified Development Overlay (C-T-O) Proposed Zone: _N_o_C~h_a_n..._g,-ce ________________________ _ Revised O 1 /06 Surrounding Zoning, General Plan and Land Use: Site North South East West Zoning General Plan C-T-Q T-R C-2 R C-T-Q T-R C-2-Q R Transportation Corridor Transportation Corridor LOCAL COASTAL PROGRAM Current Land Use Vacant Car Dealership (Ken Grody Ford) Retail Commercial Center ( approved, not yet built). Commercial (Carlsbad Premium Outlets) Interstate 5 Coastal Zone: !ZI Yes D No Local Coastal Program Segment: Mello II Within Appeal Jurisdiction: D Yes !ZI No Coastal Development Permit: !ZI Yes D No Local Coastal Program Amendment: D Yes !ZI No Existing LCP Land Use Designation: T-S Proposed LCP Land Use Designation: No Change Existing LCP Zone: C-T-O Proposed LCP Zone: ~N~o_C~h_an---"'g'-'-e ______ _ PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 6 EDU ENVIRONMENTAL IMPACT ASSESSMENT D Categorical Exemption, ______________________ _ !ZI Mitigated Negative Declaration, issued _A_u.._.gu~s_t_1_2~, _2_00_8 ___________ _ D Certified Environmental Impact Report, dated ______________ _ D Other, __________________________ _ Revised O 1/06 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: BJ's Restaurant & Brewhouse-CUP 07-03NCDP 07-07A LOCAL FACILITY MANAGEMENT ZONE: J GENERAL PLAN: _T-_R ______ _ ZONING: C-T--"'--"----"'----------------------------- DEVELOPER'S NAME: BJ's Restaurant Inc. =-..c...---"'--=====-==----------------- A DD RESS: 7755 Center Ave., Suite 300, Huntington Beach, CA 92647 PHONE NO.: (714) 500-2410 ASSESSOR'S PARCEL NO.: =-21C....Cl--'-0=2....c....l--=-3-=--0 ______ _ QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): =-l.'-'--93~ac=-re=s ____ _ ESTIMATED COMPLETION DA TE: ASAP -----=------------------ A. B. City Administrative Facilities: Library: C. . Wastewater Treatment Capacity (Calculate with J. Sewer) D. Park: E. Drainage: F. Circulation: G. Fire: H. Open Space: I. Schools (Carlsbad Unified): J. Sewer (Carlsbad): K. Water (Carlsbad): Demand in Square Footage= Demand in Square Footage = Demand in Acres = Demand in CFS = Identify Drainage Basin = Demand in ADT = Served by Fire Station No. = Acreage Provided = Elementary School = Middle School = High School = Demands in EDU= Demand in GPD = NA NA 6EDU NA NA* Basin "B" NA* 4 NA NA NA NA 6EDU 1,272 GPD L. The project does not impact the Growth Management Dwelling unit allowance. * The project's impact on Drainage and Circulation facilities were previously analyzed and accounted for with the approval of the "Paseo Galleria" Center project (CUP 07-03). No change is being proposed. City of Carlsbad lf.i€i,i,ii,Gi•J4•tiii;,t4iii DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following lnformation MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note:; //:::':f};~:,2::/f\Ti~:'?;f::t><~,'.~,:?f~:,:;X:~A~r:-.;-{~\f:\i\\?)"_;i;,r;:;:://:>:E://t;:/if/:f-: ' , ... -, · ... -~-• .. ·._---• Pets_grU~:a~n@c(~i:tAfif!fi,tjlvid~:ai;;nrtJi(cp~P.?.rt.ri)~rs_llip;Jgji;t_;ye,ptiJ.re;,'tfasoc:;tatioii;Jocfo!;_ch.Jb;,frateriial oig'anizaHori;'. C or'pqr~ t[ohr es t~te,:_: ini~fr ,~~elve'r; syhaic$t~ i in; thjs . ?h~)ii y: cith?,F_coijntyiJ;ity)ii,d::ci;~",!.ir:irK city rn unlcipality, disfrict' of: 4li---~RUl-~}f~1fJ;s~l :\'~f<)r Ageiit~ii'!lay~ sign,(@f'.qocurn~tjt;'._liqi,\lever,•:Ihe'.le'g~,I_: name(ar1d: ehJity:"of_ihe appli9an(aiio property. owner must be. proyjd_ei:I ~~liJW':-t':\'.f}}/C{)::i:f:\/:'-(:r>~?:/t ~':'{\f<::· i/-'.i.. t>-'?-:{fC~. ": · ,::,:-:-' · <·. /-:·-' ',. ·.. . • • • • 1, 2. 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 partnershio, include the names, title, t,:, 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 (NIA) 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 necessarJ.} Person___________ Corp/Part BJ's f?e,;;tz;luY'ar\l'S; lhc. Title ----,.--------- OWNER {Not the owner's agent} Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership, interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individ'uals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. lf 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 c.. \~ I ~-c n* 1--\o~~ ~rpoinvh'-~ Title ~l P...... Address 3 '2.$0 Vis~ Dieqo @a!. Jl,\fV\\,d l c.A ,q \tq ~ 1635 Faraday Avenue o Carlsl:ad, CA 92008-7314 • (7€0) 602·4600 • FAX (760) 602-3559 • www.ci.carisbad.ca.us @ 3. NON-PROFIT ORGANIZATION OR TRUST-N·IA If any person identified pursuant to (1) or (2) above is a nonprofit organization or a !rust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust _______ _ Non Profit/Trust. _________ _ Title ___________ _ Title _____________ _ Address __________ _ Address ____________ _ 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 GZ( No If yes, please indicate person(s}: ___________ _ NOTE: Attach additional sheets if necessa_ry. -that all th orrnation is true and correct to the best of my knowledge. Sign Signature of applicant/ ?~~l" G ~ -HvCwtt~ Print or type name of owne.j -Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:AD,'.HN\COUNTER\DISCLOSURE STATEMENT 12/06 Page 2 of 2 BJ'S RESTAURANTS, INC. December 29, 2008 City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008-7314 Re: Proposed BJ's Restaurant 5621 Paseo del Norte APN 211-021-30 CUP 08021 CDP 08027 To The City of Carlsbad Planning Department: On behalf of BJ's Restaurants, Inc., Joan Leguay is authorized to execute and deliver all applications, ·permits, authorizations and other documents necessary to proceed with the development of the proposed BJ's Restaurant project, including, but not limited to, all such applications required by the City of Carlsbad, County of San Diego and any other governmental agency having jurisdiction over the project. Sincerely, B~J'SRESLc\~~N~~~--~~C-. ~- . ;r--~ .... " -v~ c:,/1--<4---------.. •• Jerry Deitchle President and CEO cc: Joan Leguay 7755 CENTER AVENUE, SUITE 300 • HUNTINGTON BEACH, CALIFORNIA 92647 • (714) 500-2400 MAIN • (714) 500-2605 FAX WWW.BJSRESTAURANTS.COM RESOLUTION OF THE BOARD OF DIRECTORS BJ's Restaurants, Inc. A California Corporation June 28, 2006 The undersigned, being all of the members of the Board of Directors of BJ's Restaurants, l_nc., a California corporation, pursuant to California Corporations Code Section 307(b), do hereby adopt the following resolutions and consent to their adoption: WHEREAS, the Corporation from time to time is required to enter into options to purchase real property, purchase and sale agreements for real and personal property, leases and subleases and other instruments necessary or appropriate to implement such documents; and NOW, THEREFORE, BE IT RESOLVED, that the CEO and CFO be and hereby authorized to sign, without signature of other officers, options to purchase real property, purchase and sale agreements for real and personal property, leases and subleases and other instruments necessary or appropriate to implement such documents. The Secretary of the Corporation is directed to· file this Unanimous Written Consent with the Minutes of the Board proceedings. Paul . Motenko ~~ ~itchle Peter A. Bassi Lii'rry D. Bouts r L ~------------~~-------------~----------------~-=~------------C_U_P_0_7~-03(AJ,CDP07-07(A) 11 SYMBOLS LEGEND I I LEASEE I I CIVIL ENGINEER I l~~~ET SHEETTITLE REV.I DATE II ........-----.:Sl-fEETl'-Jt.efA DETAIL TITLE 1 0/ -~,,._ . ..,. ... ORAv.1NGLD.tll.M6EA . " . · · -01 SITE DETAIL SCALE: 1/4"oo 1'-0" ~NG~~ CE • tti:ii! DETAIL REFEREN • • • • ~:~:-~~E~Ll:CAIIOtl l~lOCATEO KEYED NOTES ........... &-~~;!:~~1 10t 1 REVISIONS .... -OR==«~~, "'----REV1Sl[1AR£ACWUD!{l EXISTING SEWER STRUCTURE . . . . . @ PROPOSED SEWER STRUCTURE . . . 0- PROPOSEO SEWER PIPE RUN . . . . . 0 PROPOSED PIPE CROSSING . . . . . . . \'J CODE INFORMATION SITE DATA ZONING RESIAUv\Nl TAAVELR[CR!AlkJtlCOMLll/lCIALn4fl COMl.lll!CI.\.I l<lURISJ\11,\[HAOUII\JFIIIJP!VILOPM[Nl OVE!t .. M1C-I-OJ ADJACH/TlOMIKl[...ST COIIM[Rr,IAITOUR&TOU>.UllO(C-T-01 ADJ.lCHIT lOMtlQ IIOR!l-1 C.HUW. COMMEHCl'll {C-.2) AOJ,o,CtJlllOt-tllOSOIJIH COMMERCIAi TOIJR6TOIIAUIEO(C.T.Q) TOTALPARC(I ACRrAGE Ml.94/S(ll\O,REFEE1(1.SMACR[S)(21'0FIOTAL) TOTALOISTRU!ICOAHEA 1&MIOS01.J.1.R(Flli{Q3111A.CRES)[21%0FPA.RCEl.) SITE LAYOUT DATA WHMUMDRP-E-'lil(V.011-1 24' STAtnOROP-..OST-'l.L M COMPACTPA/lKJl1GST~L· t'•15' P,O,IU(IIQ SffB.\CK/ Bl.HER 30' mow AJIV PlOJXSIBEET OR FREEWAY R.O.W. LOADINGlOtl[R[QIIIH(O PARKING DATA· /1)01,£PAR1\tlQSl'ACEF'EA100SJ.FORfJlST2.000S.f.UIOSSfLOORAREA (1lPA.Rl'JNCISPAC[PCR.oJ)lllllOIW.!iOS.I.GROSSROORAAE.A [l)PAAl<JNGSPAC[P{AICOS.F.OfPATIOAA("A 3,3/~S.f.GROSS ROORAAEA + 1.IIS~SF.PAOOAR[A RfOIAll[S 109PAR!ONQSPACfS PROYllJED 113STAt,0,>,HIJPARKINGSP1'C(S,.ornuPACIPARKIIJGSPIIClS•6ACC[SSIBLf PAAKJll'.iSPA.cESPlR,o.(IAAG•1!illPAAKJ1Ji,Sl'ACESTOT"lOt1-$1ll LANDSCAPE D~A· PROPOSED 1S.2fl6SOUI\REFEEl(111%0FPARCEl.) lt.lPER\ll<.!l!SAll(Aiv,1111NPARCTL.) rxrsl~Ki OSOLIAREFEEl(100'll-OFPAACU.,l PROf'VS(O ~.i;e.1$0lJARllHTl31'\,UFPAOCfl.) BUILDING OATA- B1AD111UAA£A GROSSAFltA &J16SOUA.REFE[T(51%0FDISTtJRBCDAA£AJ 34'-00'l,IA)<ll,ll)l,I O~ LEGAL DESCRIPTION F'OFl!~tlOfPARr.H2At-EPARCEL31.1111'f¥1.112S-! RECOROCO l.&AY 11.1Ql1 At-ELOT ~ i:1::~o:~~~~~ ~~~~· ~~f~~~~:c!r:~t!~~-~~~~~~ ~ ~lJrtners 16808 Annstrong Avenune Suite 100 Irvine, California 92606 949.753.7676 T 949.753.7678 F wdpartners.com 01 02 03 .. COVER SHEET ANO INDEX SITE IMPROVEMENT PLAN LANDSCAPE PLAN GRADING PLAN il!~t,s ::ri:~Av..,$~100 ~7S37r.7•F BJ'S RESTAURANT, INC. 7755 CENTER AVENUE, SUITE 300 HUNTINGTON BEACH, CA 92647 Columbus Dallas Los Angeles Chicago /~ ,,.-: '·~'--\ = . ~ / ~_.,.,,/ CML ENGINEER: RICHARD N. LEON RCE#C69852 E~p. 09-30-2010 Miami Atlanta Boston GENERAL NOTES A. AllCUIISTJ!UCTluUSH"llCUMPlYWITHAPPIXAfll(CUO!:S.1,UOLOCALREUUll!!.MUITS COUTRACIORSMIJSTCOl,IPlYWITHCOtlTRACTORRH',ISTRAIIOllll£0UIREM!IIISOFALLGOYERt•JG AUTHORl!£S. Al..lRE~EDCITY/COUIITY/SIAIEPI.RMIT9SWti8EK,OUR£0NiO"-"OfORBV 6J'SRESIAl.fWIIUC.,AllOTHrnPERMIISSHAI.J.&SECUl!ED-'ll0"-"0FORBVTH(~IIOW- COUTRACTOR. 8. Ol!lCREf'AJ«::ESBEIWEEllPORIIOl,tSQF THECOHTil,ICIOCICINWT'l OR.-IG'I N<IOSf'ECJJ'..l!Dl'I AAEI.IOT.ITEIIOEO.STAT[OOIM[UStOUSTAKEPllt:CEDCIJCEOVERG~S.OOtKlTSCi.1.£ O!IAWIJGS 10 OEIERI.IIII LOCAIIOIJS. THE COUTRACIOA IS TOCLNIJ'II "Ill' SUCHOOCR!PMCIES 'l,IIH THE u1nr1Ern PRIOR JOf;nl.ll.lHICfll"IWORII. 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CASE NAME: CARLSBAD PASEO CASE NO.: CUP 07-03/CDP 07-07 The City Council of the City of Carlsbad, California, does hereby resolve as WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on July 16, 2008, hold a duly noticed public hearing as prescribed by law to consider Conditional Use Permit (CUP 07-03) and Coastal Development Permit (CDP 07-07); and WHEREAS, the City Council of the City of Carlsbad, on the _1..,..2 ..... th..__ __ day of __ A_u.._.gu_s.;...t ___ , 2008, held a duly noticed public hearing to consider said Conditional Use Permit and Coastal Development Permit, and at that time received recommendations, objections, protests, comments of all persons interested in or opposed to CUP 07-03 and CDP 07-07. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the recommendation of the Planning Commission for the adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approval of a Conditional Use Permit and Coastal Development Permit are adopted and approved, and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 6435, 6436, and 6437 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the nineteenth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 12th day of AuguBt 2008, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Hall and Packard. NOES: None. ABSENT: Counc.i 1 Member Nygaard. CLAUDE A LEWIS, Mayor -2-4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 6435 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM TO ALLOW FOR THE SUBDIVISION OF A 6.96- ACRE PARCEL INTO THREE PARCELS, AND THE CONSTRUCTION OF A 7,511 SQUARE FOOT STAND ALONE RESTAURANT, A 44,391 SQUARE FOOT COMMERCIAL RETAIL CENTER, AND A VA CANT PAD FOR A FUTURE STAND ALONE RESTAURANT ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF PASEO DEL NORTE, NORTH OF KING'S FISH HOUSE, SOUTH OF CAR COUNTRY DRIVE, AND EAST OF THE INTERSTATE 5 FREEWAY, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: CARLSBAD PASEO CASE NO.: CUP 07-03/CDP 07-07/MS 07-02 WHEREAS, Strategic Property Advisors, Inc., "Developer," has filed a verified application with the City of Carlsbad regarding property owned by CPT/SC Title Holding Corporation, "Owner," described as Portions of Parcel 2 and 3 of Parcel Map No. 11284, filed in the Office of the County Recorder of San Diego County, May 11, 1981 and Lot 4 of Carlsbad Tract No. 92-7 (Carlsbad Ranch Unit 1 and Unit 2), according to map thereof No. 13078, filed in the Office of the County Recorder of San Diego County, December 28, 1993, all in the City of Carlsbad, County of San Diego, State of California, more particularly described as follows: Beginning at the north~asterly corner of said Parcel 3, said corner being the most northerly corner of said Lot 4, said corner being the point of beginning; thence southerly along the easterly line of said Lot 4, south 22°29'26" east (south 22°29'26" east per said Map No. 13078) 925.00 feet • to the beginning of a tangent curve concave northeasterly having a radius of 557.00 feet; thence southeasterly along said curve through a central angle of 11°20'36" a distance of 110.27 feet to a point on said easterly line, a radial through said point bears south 56°09'58" west; thence leaving said easterly line south 55°50'26" west 343.71 feet to the westerly line of said Parcel 2; thence northwesterly along the westerly line of. said Parcels 2 and 3, north 26°48103" west (north 26°47'14" west per said parcel map 11284) 738.65 feet to an angle point corner of said Parcel 3; thence continuing along said westerly line north 25°12124" west 300.01 feet (north 25°11 147" west 300.01 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 feet per said parcel map) to an angle point corner of said parcel map; thence continuing along said westerly line north 26°15'29" west 68.05 feet (north 26°15'48" west 68.03 feet per said parcel map) to the northwest corner of said Parcel 3 of said parcel map; thence easterly along the northerly line of said Parcel 3, north 67°31 '12" east 399.93 feet (north 67°31 '17" east 400.00 feet per said parcel map) to the point of beginning. Said land is also described as Parcel A in that certain Certificate of Compliance for Adju.stment Plat, dated October 1, 2002, and recorded October 18, 2002, as Document No. 2002-0913260, official records of San Diego County, California. ("the Property"); and WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on July 16, 2008, 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 initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) B) Findings: That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission ]:iereby RECOMMENDS ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Exhibit "MND," according to Exhibits ''NOi," and "PII," attached hereto and made a part hereof, based on the following findings: The Planning Commission of the CityofCarJsbad does hereby find: PC RESO NO. 6435 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a. b. C. d. Conditions: it has reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for CARLSBAD P ASEO -CUP 07-03/CDP 07-07/MS 07-02, the environmental impacts therein identified for this project and any comments thereon prior to. RECOMMENDING APPROVAL of the project; and the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines ·and the Environmental Protection Procedures of the City of Carlsbad; and they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and based on the EIA Part II and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on the environment. 1. Developer shall implement, or cause the implementation of, the CARLSBAD P ASEO - CUP 07-03/CDP 07-07/MS 07-02 Project Mitigation Monitoring and Reporting Program. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on July 16, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Boddy, Dominguez, Douglas, Montgomery, and Chairperson Whitton Commissioner Cardosa F NK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: ~Lb DON NEU Planning Director PC RESO NO. 6435 -3- ( City of Carlsbad l::f Eihhill41•J4•Eiiii,14,ii CASE NAME: CASE NO: PROJECT LOCATION: • NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION Carlsbad Paseo CUP 07-03/CDP 07-07/MS 07-02 West side of Paseo del Norte, south of Car Country Dr. & east of 1-5 (5700 Paseo Del Norte, Carlsbad, CA 92008) PROJECT DESCRIPTION: The proposed project entails the subdivision of a 6.96-acre Commercial- Tourist (C-T-Q) zoned property into 3 lots (ranging in size from 1.6 to 3.5 acres), and the construction of a 7,511 sq. ft. stand alone restaurant, a 44,391 sq. ft. two-story retail commercial center, and a 533 space parking lot located on the west side of Paseo de! Norte, south of Car Country Drive, and east of the Interstate 5 freeway. PROPOSED DETERMINATION: The c·ity of Carlsbad has conducted an environmental review of the above described project pursuant to the Gui~elines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad City Council. •• • A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of the date of this notice. The proposed project. and Mitigated Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Jason Goff in the Planning Department at (760) 602-4643. PUBLIC REVIEW PERIOD PUBLISH DA TE May 20, 2008 -June 19. 2008 May 20, 2008 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ ( ENVIRONMENT AL IMP ACT ASSESSMENT FORM -INITIAL STUDY (TO BE COMPLETED BY THE PLANNING DEPARTMENl) BACKGROUND CASE NO: CUP 07-03/CDP 07-07 /MS 07-02 DA TE: May 9. 2008 I. CASE NAME: --=C=ar=l=sb=a=d-=-P-=as=e=o ____________________ _ 2. LEAD AGENCY NAME AND ADDRESS: _,:::C;,e.,:ity-'--""of"-'C::.!a::=..rl.,,,sb""'a::::d ___ --,-______ _ 3. CONTACT PERSON AND PHONE NUMBER: Jason Goff, (760) 602-4643 4. PROJECT LOCATION: West side of Paseo del Norte, south of Car Country Drive, and east of the 1-5 (5700 Paseo Del Norte. Carlsbad CA) 5. PROJECT SPONSOR'S NAME AND ADDllESS.:. Planning Systems Inc.,.1530 Faraday Avenue Suite 100 Carlsbad CA 92008 • 6. GENERAL PLAN DESIGNATION: (T-R) Travel Recreation Commercial 7. ZONING: C-T-O (Commercial Tourist with a Qualified Development Overlay Zone) 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): ._,A,...,rme!!.,L.y~C<>=o.,.m.,.,s'-'o,C.::f"""Ea:enoi:g.,,in~e"'e....,,rs'---________ _ 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: The proposed project includes a Conditional Use Permit (CUP 07-03), Coastal Development Permit (CDP 07-07), and Minor Subdivision Map (MS 07-02) to allow for the subdivision and . development of a 6.96-acre Commercial-Tourist (C-T-Q) zoned parcel (APN 211-021-30) located · on the west side of Paseo de! Norte, south of Car Country Drive, and east of the Interstate 5 freeway. The parcel is being subdivided into three separate parcels. Parcel A is approximately 1.6 acres in size and will include a 7,511 sq. ft. stand alone restaurant for P.F. Chang's. Parcel B is approximately 3.5 acres in size and will include a 44,391 sq. ft. two-story retail commercial center. Parcel C is approximately I .9 acres in size and will be pad graded and improved with parking and landscaping for a future stand alone restaurant tenant. Parcel C is providing 162 parking spaces, which are enough spaces to accommodate a future restaurant of approximately 9, l 00 sq. ft. in size. A total 533 parking spaces are being provided for the three uses. Two additional points of vehicular access for ingress and egress are proposed along Paseo del Norte. One of the proposed driveways is aligned with the existing driveway for the Carlsbad Premium Outlets, and the other is aligned with Car Country Drive. The intersection of Car County Drive and Paseo del Norte is presently a signalized intersection, which will be modified to accommodate signalized traffic movements for ingress and egress of the site, and for new pedestrian movements. ( ( Project Number(s): ...:UP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo The parcel is zoned C-T-Q (Commercial Tourist with a Qualified Development Overlay Zone). The current General Plan Land Use designation is T-R (Travel Recreation Commercial). No change is being proposed to either the General Plan or Zoning. The site is located within Local Facilities Management Plan (LFMP) Zone 3 in the northwest quadrant of the City of Carlsbad. Surrounding_ land uses include a vehicle storage site for Ken Grody Ford to the north, a stand alone restaurant (King's Fish House) to the south, Carlsbad Premium Outlets to the east, and Interstate 5 to the west. The parcel is presently undeveloped, but has been previously graded into an artificial fill pad forming the majority of the site. The site is topographically level with drainage relief to the west. The site location has an existing elevation of between 59 and 62 feet above mean sea level (AMSL). Grading of the site will require 10,109 cubic yards of cut, 13,864 cubic yards of fill, and 4,670 cubic yards of remediation. A concrete-lined trapezoidal-shaped drainage channel bisects the site towards its southern boundary. Project improvements include replacement of the open drainage channel with an underground concrete bo~ culvert. Improvements are required within the Caltrans right-of-way at the outflow of the proposed box culvert, which. .requires the processing of an encroachment permit. • No Habitat Management Plan (HMP) listed sensitive habitat or plant species occur on the property. No species of animals listed as rare, threatened; endangered or otherwise sensitive by the U.S. Fish & Wildlife Service (USFWS) or California Department of Fish & Game (CDFG) are present on or adjacent to the site. No jurisdictional wetlands as defined by the U.S. Army Corps of Engineers and CDFG exist on or adjacent to the site. 2 Rev. 12/13/07 ( ••• Project Number(s): .._,vp 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo ENVIRONMENT AL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that i~ a "Potentially Significant Impact,'' or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. D Aesthetics D Agricultural Resources D Air Quality D Biological Resources D Cultural Resources D Geology/Soils [gjNoise D Hazards/Hazardous Materials D Population and Ho~sing D Hydrology/Water Quality 0 Land Use and Planning D Mineral Resources D Mandatory Findings of , Significance • 3 0 Public Services • D Recreation ~ Transportation/Circulation D Utilities & Service Systems Rev. 12/13/07 ( r· Project Number(s): ~UP 07-03/CDP 07-07/MS OJ-02 Project Name: Carlsbad Paseo DETERMINATION. (To be completed by the Lead Agency) D I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. i:gj I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. D I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. D I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached shee_ts. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. □ I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and {b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. Date Planning Director's Signature Date 4 Rev. 12/13/07 ENVIRONMENT AL IMPACTS ( Project Number(s): ~UP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo ST ATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment (EIA) to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A orief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no. source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less thari significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly adverse. • • Based on an "EIA-Initial Study", if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR o_r Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and t~e effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. 5 Rev. 12/13/07 . (- Project Number(s): CUP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circums.tances: (l) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Initial Study analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears after each related set of questions. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. 6 Rev. 12/13/07 ( (- Project Number(s): ~UP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact • Incorporated Impact Impact I. AESTHETICS_-Would the project: a) Have a substantial adverse effect on a scenic vista? □ □ □ ~ b) Substantially damage scenic resources, including but □ □ □ ~ not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or □ □ □ ~ quality of the site and its surroundings? d) Create a new source of substantial light and glare, □ □ ~ □ which would adversely affect day or nighttime views in the area? a-c) No Impact. The project site is located along the westsid~·of Paseo de! Norte, between Car Country Drive and Palomar Airport Road, and is zoned for Tourist Commercial (C-T) uses. Surrounding land uses include a vehicle storage site for Ken Grody Ford to the north, a stand alone restaurant (King's Fish House) to the south, Carlsbad Premium Outlets to the east, and Interstate 5 to the west. No scenic vistas, trees or rock outcroppings will be impacted by the proposed project. No buildings, including historic buildings, are located on or adjacent to the site. The area of proposed impact is not located within the view shed of a State scenic highway or any State highway that is designated by Caltrans as eligible for listing as a scenic highway. The proposed project has been designed to comply with all City development and design standards, including the City of Carlsbad Landscape Manual and the Commercial-Visitor Serving Overlay Zone. As such, the proposed project will be harmoniously situated amongst the surrounding land uses, and therefore will not degrade the existing visual character-or the quality of the site and its surroundings. • d) Less than Significant Impact. At the present time, the subject site contains no lights and produces no glare. However, the proposed project will change the appearance of the subject site from an undeveloped parcel to a developed site with commercial uses. Light and glare from the proposed project is not anticipated to be significantly greater than that projected from other similar uses within the surrounding area. Standard development practices require that all exterior light sources be shielded downward to avoid any offsite glare. The proposed development modifications will involv.e an increase in urban appearance, but will not be dissimilar from existing uses within the area. This increase should not result in significant new sources of light and glare, and will not adversely affect day or nighttime views within the area. II. AGRICULTURAL RESOURCES -(In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: 7 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact • No Impact Rev. 12/13/07 . ( ProjectNumber(s): vVP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? Potentially Significant Impact □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ Less Than Significant Impact □ □ □ No Impact [8J a-c) No Impact. The subject site does not contain prime farmland, unique farmland or farmland of statewide ·importance. The proposed project is consistent with the Tra:vel-Recreation Commercial (T-R) General Plan Land Use designation for the site, which anticipates. and allows for v.isitor attractions and commercial. uses that serve the travel and recreational needs of tourists;· residents, and· employees of surrounding business and industrial centers. The subject site is zoned for Commercial Tourist (C-T) land uses and is not encumbered by any Williamson Act contracts. The project will not result in other changes to the existing environment, which due to their location will result in the conversion of farmland to non-agricultural uses. Given the existing commercial land use designation of the property, existing commercial development surrounding the site, and a lack of any existing agricultural infrastructure, it is unlikely that agricultural operations could be vi.able at this location. Development of the site as proposed will not adversely affect agricultural resources. Therefore, no impact is assessed. III. AIR QUALITY -(Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? 8 Potentially Significant Impact □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ Less Than Significant No Impact Impact □ □ □ □ □ ~ Rev. 12/13/07 ( Project Number(s): \.,uP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo a) No Impact. The project site is located in the San Diego Air Basin which is a state non-attainment area for ozone (01) and for particulate matter less than or equal to 10 microns in diameter (PM10). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution. controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A Plan to meet the federal standard for ozone was developed in 1994-during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9th through 10th in l 994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through_ the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an advers5 regional air quality impact. Section 15125(8) of the State of California Environmental· Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The.California Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: • Is a regional air quality plan being implemented in the project area? • Is the project-consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. Therefore, ·no impact is assessed. b) Less Than Significant Impact. The closest air quality monitoring station to the project site is at Camp Pendleton. Data available for this monitoring site from 2000 through December 2004, indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (a total of 10 days during the 5-year period). No other violations of any air quality standards have been recorded during the 5-year time period. The project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with travel to and from the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard ( comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. c) Less Than Significant Impact. The air basin is currently in a state non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section l 5 l 30(a)( 4), the proposed project's contribution to the cumulative impact is considered de minimus. Any impact is assessed as less than significant. 9 Rev. 12/13/07 Project Number(s{ ...,l,]p 07-0JiCDP 07-07/MS 07-02 Project Name: Carlsbad Paseo d) No impact. As noted above, the proposed would not result in substantial pollutant emissions or concentrations. In addition, there are no sensitive receptors (e.g., schools or hospitals) located in the vicinity of the project. Therefore, no impact is assessed. e) No Impact. The construction of the proposed project could generate fumes_ from the operation of construction equipment, which may be considered objectionable by some people. Such exposure would be short-term or transient. In addition, the number of people exposed to such transient impacts is not considered substantial. Therefore, no impact is assessed. IV. BIOLOGICAL RESOURCES -Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, ·policies,. -or regulations, or by California J?epartment of Fish ,11nd • Game or U.S. Fish and Wildlife Service? • • b) Have a substaniial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?, e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Potentially Significant Impact □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ Less Than Significant Impact □ □ □ □ □ □ No Impact a, b, c, & t) No Impact. The City of Carlsbad has an adopted Habitat Management Plan (HMP), which is a comprehensive, citywide, program to identify how the City, in cooperation with the federal and state wildlife agencies, can preserve the diversity of habitat and protect sensitive biological resources within the City while allowing for additional development consistent with the City's General Plan and its Growth Management Plan. In so doing, the Plan is intended to lead to citywide permits and authorization for the incidental take of sensitive species in conjunction with private development projects, public projects, and other activities, which are consistent 10 Rev. 12/l 3/07 ( ( Project Number(s): cUP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo with the Plan. As discussed in the subsequent passages, the project does not conflict with any of the provisions of theHMP. The 6.96-acre project site is an undeveloped, infill parcel occurring within a densely urbanized area. The site has been rough-graded and is surrounded by a vehicle storage site for Ken Grody Ford to the north, a stand alone restaurant (King's Fish House) to the south, Carlsbad Premium Outlets to the east, and Interstate 5 to the west. According to the City of Carlsbad's HMP, the site is identified as a Development Area, and is not located adjacent to or near any Standards Area or Existing/Proposed Hardline Preserve Areas. A Preliminary Vegetation Assessment was prepared for the project site by Planning Systems, Inc. on May 16, 2007, and according to the report, the site supports 6.29-acres of Annual (Non-Native) Grassland (NNG), 0.55-acres of Exotic Species, and 0. 12-acres of Developed Lands. The project will permanently impact 6.29 acres of the NNG, and 0.55 acres of Exotic Species. The 0.12-acres of developed land, which is an existing concrete-lined trapezoidal- shaped drainage channel, will be temporarily impacted during the construction/conversion to an underground box- culvert. Pursuant to the HMP, the developer will be conditioned as part of the project to pay in-lieu fees for impacts to 6.29-acres ofNNO (Group-E Habitat) and 0.55-acres ofExotic species (Group-F Habitat). Sensitive Plant Species According to the preliminary vegetation assessment, no sensitive plant species listed by the United States Fish & Wildlife Service (USFWS), California Department of Fish & Game (CDFG), or the HMP were observed onsite. A listing of the sensitive plant species with' a "potential for ·occtrrrence" on the property was prepared. The Del Mar Mesa Sand Aster (Corethrogyne filaginifolia var. linifolia) is the only species listed in the report as having a high potential for occurrence onsite. The site was intensively searched and none were determined to be present. The Nuttal's Scrub Oak (Quercus dumosa) and Engelmann Oak (Quercus enge/manni) were reported as having a mod_erate to high potential of occurrence onsite, however none were observed. The majority of other sensitive ·plant species listed in the report are identified as having a low potential of occurrence onsite. The report cites several factors, which severely limit the likelihood of any sensitive plant species from occurring onsite (i.e., no native habitat and very few individual native plants occur onsite; the marina soils occurring onsite are not likely to support sensitive species; the parcel has been rough graded in the past; and the property is regularly maintained, including all Annual Grasslands). Therefore, no impact to sensitive plant species is assessed. Sensitive Wildlife Species According to the preliminary vegetation assessment, an investigation of sensitive animal species occurring onsite was not necessary given the highly disturbed nature of the site and lack of any existing natural habitat. No listed or sensitive animal species are anticipated to nest or exist on the site. Therefore, no impact to sensitive wildlife species is assessed. Sensitive Wetland Habitat/Species A Wetland Delineation Study for the project was prepared by Planning Systems, Inc. on April 2, 2008. The objective of the delineation study was to determine the boundaries of U.S. Army Corps of Engineers (USACE) Section 404 jurisdictional wetlands and California Department of Fish & Game (CDFG) Section 1601-1603 jurisdictional wetlands on the proposed project site. Potential jurisdictional areas for this project consist of a single concrete-lined trapezoidal-shaped drainage channel of255 feet in length bisecting the property towards its southern boundary. Project improvements include replacement of the open drainage channel with an underground concrete box culvert. The wetland delineation study analyzed wetland vegetation, wetland hydrology, and hydric soils. According to the report, no wetland habitat exists on or adjacent to the site; the entire drainage channel (0.053 acres) is classified as non-wetland waters of the United States given the scarcity of wetland indicator species, the lack of wetland hydrology, and the absence of hydric soils; and due to the urbanized nature of the drainage channel, and most particularly the concrete lining in the absence of a natural channel, the CDFG does not have jurisdictional areas on this site, However, implementation of the proposed project will result in a temporary impact to 0.053-acres of USACE jurisdictional non-wetland waters of the United States d_ue to the removal of the concrete-lined drainage channel. 11 Rev. 12/13/07 (- Project Number(s): t,;(}P 07-03/CDP 07-07/MS 0.7-02 Project Name: Carlsbad Paseo The impact is considered temporary because the channel will be replaced by an underground box-culvert, which will transfer upstream drainage across the property for discharge at the same location as the channel being replaced by the box-culvert. The temporary impact of 0.053-acres of non-wetland. waters of the United States will require issuance of a Clean Water Act Section 404 Nationwide Permit. The proposal to replace a currently serviceable drainage structure with an underground box-culvert, which fulfills the same purpose, is authorized pursuant to NWP 39, which permits the discharge of dredge or fill material into non-tidal waters of the United States for the construction or expansion of residential, commercial, and institutional building foundation and attendant features that are necessary for the use and maintenance of the structures, provided it impacts less than 300 linear feet or ½ acre of waters of the United States. The project does not require a Streambed Authorization Permit pursuant to CDFG Code Section 1603, in that no impacts to a natural creek or channel are associated with the project. A Section 401 water quality certificate (or waiver) will be required from the California Regional Water Quality Control Board to permit the replacement of the concrete-lined channel with an underground box-culvert. The project will be conditioned to consult with the above agencies for each of the associated permits. d) No Impact. Construction of the proposed project is not expected to impede local wildlife movement or migratory fish or wildlife movement. The subject she is not located within any of the HMP Core Focus Planning Areas, nor is the site adjacent to or near any Standards Area or Existing/Proposed Hardline Preserve Areas. Therefore, no impact is assessed. e) No Impact. The City of Carlsbad has no adopted tree preservation policy or ordinance which would affect the subject project. The subject project will not impact trees or other biological resources protected by such policy or ordinance except as otherwise described above. No trees exist on the subject site, therefore no impact is assessed. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact v. CULTURAL RESOURCES -Would the project: a) Cause a substantial adverse change in the □ □ □ ~ significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse chang·e in the signifi-□ □ □ cance of an archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique pale □ □ □ ontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred □ □ □ outside of formal cemeteries? a-d) No Impact. There are no historical resources, archeological resources, paleontological resources, or human remains known, or are expected to, exist on site. The project site is considered to be in a highly disturbed state surrounded by urban development and the Interstate-5 freeway. Prior to the site being parceled and zoned for development, the site was encumbered by the old road alignment for Paseo del No~e and several large underground 12 Rev. 12/13/07 ( ( Project Number(s): Ll.JP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo utilities that spanned the entire project site. The old roadway and underground utilities have since been excavated and removed. Paseo del Norte has been located to its existing alignment, and the subject parcel created as a result. Despite extensive excavation in the past for the development and removal of the old roadway and underground utilities, the project site has also been annually disked and/or mowed for fire and weed control. Furthermore, with the development of the Carlsbad Premium Outlets located across the street, additional excavation occurred on site for the installation of a 255 ft. long concrete-lined trapezoidal-shaped drainage channel (approximately IO ft. wide by 5 ft. deep). This channel bisects the project site near its southern boundary and drains towards another concrete lined drainage channel, which runs parallel with the northbound lane of the 1-5 freeway in Caltrans right-of-way. The project is proposing to replace the existing open channel . with a box-culvert; however, some offsite improvements are necessary within Caltrans' right-of-way to connect these two drainages improvements. The area of offsite improvements within the Caltrans right-of-way will also occur within an area that has experienced previous excavation for the construction of existing drainage improvements. Given the highly disturbed state of the site, and disturbed nature of the area within Caltrans' right-of-way, no impact to historical, archeological, or paleontological resources is assessed. VI. GEOLOGY AND SOILS -Would the project: a) Expose people or structures to potential substa~tial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Table 18 -1-B of the Uniform Building Code (1997), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? 13 Potentially Significant Impact □ □ □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ Less Than Significant No Impact Impact □ □ □ □ □ □ ~ □ Rev. 12/13/07 (~- ProjectNumber(s): t-uP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo a.i.) No Impact. There are no Alquist-Priolo Earthquake Fault zones within the City of Carlsbad and there is no other evidence of active or potentially active faults within the City. Therefore, no impact is assessed. a.ii.) Less Than Significant Impact. A Geotechnical Engineering Investigation Report of the site was prepared by Testing Engineers San Diego, Inc. on September 26, 2006 (Contract No. 148028). According to the report, the most significant hazard at the site is considered to be shaking caused by an earthquake occurring on a nearby or distant active fault. The site is located in a seismically active area, as is the majority of Southern California. Active faults with.in a 62-mile radius of the site include the Rose Canyon, Coronado Bank, Elsinore-Julian, Newport-Englewood (offshore segment), Elsinore-Coyote Mountain, and Earthquake Valley. Although the site could be subjected to strong ground shaking in the event of an earthquake, this hazard is common in Southern California. Standard design conformance with the California Building Code (CBC), along with the recommendations contained within the referenced geotechnical report will reduce the effects of ground shaking to a level that is considered less than signtficant. a.iii.) Less Than Significant Impact. According to the geotechnical report, the structural site areas are underlain predominately by a very dense formational bedrock, and medium dense to dense artificial fills, which are not considered to be susceptible. to liquefaction; the formational and artificial fill materials encountered in exploratory test borings at the foundation levels of the structural pads are not in the loose to medium-dense category typically associated with seismic settlement; and the site is not located in an area of known ground subsidence due to the withdrawal of subsurface fluids. Therefore, the· potential .. for liquefaction and associated ground deformation occurring beneath the structural site area is considered to be low, seismic settlement of unsaturated deposits is not anticipated to affect the proposed structures, and the· potential for subsidence occurring at the site due to the withdrawal of oil, gas, or water is considered to be remote. a.iv.) No Impact. According to the geotechnical report, the project site location has an existing ground eievation of 59 to 62 feet above mean sea level (AMSL), and is generally level with drainage relief to the west. Given the gently sloping topography of the site, and the dense, moderately cemented or cohesive character of the formational materials at shallow depths, the potential for both gross slope stability problems and lurching (earth movement at right angles to cliff or steep slopes during ground shaking) are considered to be low. No landslides are known to exist on or near the s·ite, and the site is not located in the path of any known landslides. Therefore, no impact is assessed. • b) Less Than Significant Impact. The subject property is an undeveloped parcel. During the finish grading, the exposure of soils would lead to an increased chance for the erosion of soils from the site. Such grading will follow best management practices for the control of erosion, such as straw bale or sandbag barriers, silt fences, slope roughening, and outlet protection in exposed areas. Finished grades will be promptly hydroseeded or otherwise protected as required per the adopted City Grading Ordinance. If necessary, temporary slope cover such as jute matting or mulch will be applied to newly graded slopes to reduce the impact to soil erosion or the loss of topsoil to a level of less than significant. c) No Impact. According to the geotechnical report, the site is not located on a geologic unit or soil that is considered to be unstable, or that would become unstable as a result of the project. Therefore, no impact is assessed. d) No Impact. According to the geotechnical report, laboratory test results of the soils examined from the site had an expansion index of 21, which has an associated expansion potential considered to be low. The project will not subject life or property to substantial risk as a result of expansive soils. Therefore, no impact is assessed. e) No Impact. The proposed project does not propose the use of septic tanks, but instead will utilize the public sewer system. There will be no impacts involving soils, which support the use of septic tanks or alternative wastewater disposal systems. Therefore, no impact is assessed. 14 Rev. 12/13/07 ( (- Project Number(s): L..uP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo VU. HAZARDS AND HAZARDOUS MATERIALS -Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or haridle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? • , . d) Be located on a site which is included on a • list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a ·public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? t) For a project within the vicinity of a private airstrip, ' would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wild lands? Potentially Significant Impact .□ □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ Less Than Significant Impact □ □ □ □ □ □ No Impact □ □ a-b) Less Than Significant Impact. The project consists of grading operation and construction activity for the development of a two-story retail center and two stand alone restaurants. During the construction phase of the proposed project, construction equipment and materials that are typically associated with land development (i.e. petroleum products, paint, oils and solvents) will be transported and used onsite. Upon completion of project construction, some use of hazardous cleaning products on the site may occur. Other than during this construction phase, the project will not routinely utilize hazardous substances or materials. The site currently displays no evidence of chemical surface staining, or hazardous materials/waste and/or petroleum contamination. All transport, handling, use, and disposal of any cleaning substances will comply with all federal, state, and local laws regulating 15 Rev. 12/13/0~ ( ('. I Project Number(s): \.-UP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo the management and use of such materials. No extraordinary risk of accidental explosion or the release of hazardous substances is anticipated with construction, development, and implementation or operation of the proposed project. It is concluded that the routine amount of hazardous materials utilized during the construction period is not significant, and therefore impacts to the public or the environment through the routine transport, use, or disposal of hazardous materials is considered to be less that significant. c) No Impact. The nearest schools to the subject site are Pacific Rim Elementary located approximately 1.3 miles to the southeast, and Kelly Elementary located approximately 1.6 miles to the northe~st. No existing or proposed schools are located within one-quarter mile of the project. Therefore, no impact is assessed. d) No Impact. The subject property is not included on any lists or registry of sites containing hazardous materials, and has no known previous _use or history that involved the use or storage of hazardous materials. Therefore, no impact is assessed. e-t) No Impact. The subject site is located approximately 1.9 miles west of the McClellan-Palomar Airport runway and approximately 270 feet below the surface of the runway. The project site is located within the Airport Influence Area as identified in the Airport Land Use Compatibility Plan (ALUCP) for the McClellan-Palomar Airport. The proposed retail center and restaurant uses fall within Land Use Category No. 8 of the ALUCP Noise/Land Use Compatibility Matrix (Commercial-Retail, Shopping Centers, Restaurants, and Movie Theaters). According to the ALUCP, the southern half of the project site is located withi.n the 60 CNEL noise contour with the northern half located just outside. The types of uses proposed are consi_dered compatible with the aircraft noise exposure at the site. Therefore, no impact is assessed. •• • • g-h) No Impact. The project will not impair the implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan, nor is the project located in an area that will expose people or structures to a significant risk of loss, injury or death involving wildland fires. Therefore, no impact is assessed. VIII. HYDROLOGY AND WATER QUALITY -Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially -deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on-or off- site? 16 Potentially Significant Impact □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ Less Than Significant No Impact Impact [g] □ □ □ Rev. 12/13/07 / .-• i Project Number(s): 1..,l}P 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo Potentially Significant Potentially . Unless Less Than . Significant Mitigation Significant No Impact Incorporated Impact Impact d) Substantially alter the existing drainage pattern of the □ □ ~ □ site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on-or off- site? e) Create or contribute runoff water, which would □ □ □ exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? t) Otherwise substantially degrade water quality? . □ □ ~ □ g) Place housing within a 100-year flood hazard area as □ □ □ ~ mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other floocl delineation map? h) Place within I 00-year flood hazard area structures, □ □ □ ~ which would impede or redirect flood flows? i) Expose people or structures to a significant risk of □ □ □ [8J loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation.by seiche, tsunami, or mudflow? □ □ □ [8J k) Increase erosion (sediment) into receiving surface □ □ ~ □ waters. I) Increase pollutant discharges (e.g., heavy metals, □ □ ~ □ pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding subs~nces and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g. temperature, diss.olved oxygen or turbidity? m) Change receiving water quality (f!larine, fresh or □ □ [8J D wetland waters) during or following construction? n) Increase any pollutant to an already impaired water □ □ [8J □ body as listed on the Clean Water Act Section 303{d) list? o) Increase impervious surfaces and associated runoff? □ □ [8J □ p) Impact aquatic, wetland, or riparian habitat? □ □ ~ □ q) Result in the exceedance of applicable surface or □ □ ~-□ groundwater receiving water quality objectives or degradation of beneficial uses? 17 Rev. 12/13/07 ( ( Project Number(s): 1.,t.JP 07-03/CDP 07-07/MS 07-02 . Project Name: Carlsbad Paseo a) Less Than Significant Impact. Federal, state and local agencies have established goals and objectives for storm water quality in the region. The proposed project prior to the start of construction, will comply with all federal, state and local permits including the Storm Water Management Plan (SWMP) required under the County of San Diego Watershed Protection, Storm Water Management, and Discharge Control Ordinance (WPO) (Section 67.871), the City of Carlsbad's Standard Urban Storm Water Management Plan (SUSMP), and the National Pollution Discharge Elimination System (NPDES) from the Regional Water Quality Control Board (RWQCB). The project will develop and implement specific erosion control and best management practices to protect downstream water quality. These plans will ensure that acceptable water quality standards will be maintained both during construction as well as post- development. b) Less Than Significant Impact. The project does not propose to directly draw any groundwater; instead it will be served via existing public water distribution lines within the public right-of-way adjacent to the site. Existing water lines will adequately serve the project's water demands. Rainwater infiltration is needed to provide adequate groundwater recharge. Therefore, the project incorporates Low Impact Development (LID) design features, which promote infiltration of storm water run-off by proposing to minimize impervious surface areas, directing run-off to landscape areas, and proposing a detention/infiltration "Stonn Chamber" system, which reduces the amount of discharge and velocity of run-off to pre-development levels, and serves as a treatment BMP to attain water quality objectives. The project will not significantly deplete· groundwater supplies or quality. Therefore, impacts are considered to be less than significant. c) No Impact. There are no streams or _rivers. within or adjacent.to the site. Therefore, no impact is assessed. . ,. .. d) Less Than Significant Impact. A Preliminary Hydrology Report dated March 17, 2008, and a Preliminary Storm Water Management Plan (SWMP) dated March 19, 2008, was prepared for the project by Aquaterra Engineering Inc. According to the reports, the proposed project does not substantially alter the existing drainage pattern of the site. The amount of discharge and velocity of run-off will not significantly exceed pre-development levels, and therefore will not cause substantial erosion or flooding. Project grading is designed to maintain the existing drainage pattern. The project incorporates LID design features, which promote infiltration of storm water run-off by proposing to minimize impervious surface areas, directing run-off to landscape areas, and proposing a detention/infiltration ''Stonn Chamber" system, which reduces the amount of discharge and velocity of run-off to pre-development levels, and serves as a treatment BMP to attain water quality objectives. e) Less Than Significant Impact. According to the Preliminary Hydrology Report dated March 17, 2008, and the Preliminary Storm Water Management Plan (SWMP) dated March 19, 2008, which was prepared for the project by Aquaterra Engineering Inc., the project will not significantly impact the existing or planned storm water systems, nor will the total post development run-off significantly exceed the pre-development levels. The project is proposing a detention/infiltration "Storm Chamber" system, which reduces the amount of discharge and velocity of run-off to pre-development levels, and serves as a treatment BMP to attain water quality objectives. I) Less Than Significant Impact. The project will not substantially degrade the water quality as demonstrated in the Preliminary Hydrology Report dated March 17, 2008, and the Preliminary Storm Water Management Plan {.SWMP) dated March 19, 2008, which was prepared for the project by Aquaterra Engineering Inc. The project incorporates LID design features, which promote infiltration of storm water run-off by proposing to minimize impervious surface areas, directing run-off to landscape areas, and proposing a detention/infiltration "Storm Chamber" system, whkh reduces the amount of discharge and velocity of run-off to pre-development _levels, and serves as a treatment BMP to attain water quality objectives. • g-j) No Impact. The project site is not located within a 100-year flood hazard area according to the Flood Insurance Rate Map, Map No. 06073C1027F. June 19, 1997; and according to the City of Carlsbad Geotechnical Hazards Analysis and Mapping Study, Catastrophic Dam Failure Inundation, Tsunami and Seiche Hazard Zone Maps, September 1992, the project site is not located within a·n area affected by tsunami, seiche, or mudflow, nor is the site located within a Catastrophic Dam Failure Inundation Area. Therefore, no impact is assessed. k) Less Than Significant Impact. The project does not significantly increase erosion into receiving surface waters as demonstrated in the Preliminary Hydrology Report dated March 17, 2008, and the Preliminary Storm Water Management Plan (SWMP) dated March 19, 2008, that were prepared for the project by Aquaterra Engineering Inc. 18 Rev. 12/13/07 (-- Project Number(s): \.,UP 07-03/COP 07-07/MS 07-02 Project Name: Carlsbad Paseo According to these reports, the amount of discharge and velocity of run-off will not significantly exceed pre- development levels, and therefore will not cause substantial erosion into receiving surface waters. The project incorporates LID design features, which promote infiltration of storm water run-off by proposing to minimize impervious surface areas, directing run-off to landscape areas, and proposing a detention/infiltration "Storm Chamber" system, which reduces the amount of discharge and velocity of run~off to pre-development levels, and serves as a treatment BMP to attain water quality objectives. In addition, the project will be required to comply with the current NPDES requirements. A Storm Water Pollution Prevention Plan (SWPPP) will be required during construction phase to prevent short-term water quality impacts during or immediately after construction when graded areas are exposed to rain and storm water run-off. 1-p) Less Than Significant Impact. Storm water run-off drains from the site into the Agua Hedionda Lagoon and ultimately the Pacific Ocean. • According to the California 2006 Clean Water Act Section 303(d) list published by the San Diego Regional Water Quality Control Board, Agua Hedionda Lagoon and the Pacific Ocean are listed as impaired water bodies by bacteria indicators. To address water quality of the project, BMP's will be implemented during construction and post construction phases, which specifically address bacteria and will also address sedimentation/siltation. In addition, other pollutants typically as_sociated with the type of proposed development (i.e., nutrients from fertilizers, trash and debris, oxygen demanding substances, oil and grease from paved areas, and pesticides from landscaping) will be addressed through BMP's. As demonstrated in the project's Preliminary Storm Water Management Plan (SWMP). by Aquaterra Engineering Inc., dated March 19, 2008, the project will not significantly increase pollutant discharges and will not alter th!' water quality of the receiving surface waters, and the amount of discharge and velocity of run-off will not significantly exceed pre-development levels. The project is incorporating LID design features, which promote infiltration of storm water run-off by proposing to minimize impervious surface areas, directing run-off" to landscape areas, and proposing a detention/infiltration "Storm Chamber" system, which reduces the amount of discharge and velocity of run-off to pre-development levels, and serves as a treatment BMP to attain water quality objectives. • q) Less Than Significant Impact. The project will not result in the exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses as demonstrated in the Preliminary Hydrology Report dated March 17, 2008, and the Preliminary Storm Water Management Plan (SWMP) dated March 19, 2008, which were-prepared for the project by Aquaterra Engineering Inc. The project incorporates LID design features, which promote infiltration of storm water run-off by proposing to minimize impervious surface areas, directing run-off to landscape areas, and proposing a detention/infiltration "Storm Chamber" system, which reduces the amount of discharge and velocity of run-off to pre-development levels, and serves as a treatment BMP to attain water quality objectives. • IX. LANDUSE AND PLANNING -Would _the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but npt limited to the general plan, specific plan, local coastal program, • or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Potentially Significant Impact □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ Less Than Significant No Impact Impact □ ~ □ ~ □ a-c) No Impact. The project is proposing commercial development, which is consistent with the existing and surrounding land uses. The site does not physically divide an established community, nor does the project conflict with any existing or proposed land use plans or policies of the City of Carlsbad. The proposed two-story retail 19 Rev. 12/13/07 I Project Number(s): ~uP 07-03/CDP 07-07/MS 0J-02 Project Name: Carlsbad Paseo center and two stand alone restaurants are appropriate land uses that are consistent with the Local Coastal Program land use designation of Travel Service (T-S). The project is consistent with the City of Carlsbad General Plan Land Use designation of Travel/Recreation Commercial (T-R), which designates areas for commercial uses that serve the travel and recreational needs of tourists, residents and employees of the business and industrial centers. The proposed two-story retail center and two stand alone restaurant uses will serve the travel and recreational needs of tourists, residents and employees of the surrounding businesses and industrial centers. The project is compatible with the City of Carlsbad Habitat Management Plan (see Section IV above). Therefore, no impact is assessed. X. MINERAL RESOURCES -Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? • • • • • Potentially Significant Impact □ □ Potentially Significant Unless Mitigation Incorporated □ □ Less Than Significant No Impact Impact □ □ a-b) No Impact. There is no indication that the subject property contains any known mineral resources that would be of future value to the region or the residents of the State.· Therefore, no impact is assessed. Xl NOISE -Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundboume_ vibration or groundbourne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above Ie·vels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise le~els? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? 20 Potentially Significant Impact □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ Less Than Significant No Impact Impact □ □ □ □ IZJ □ □ □ Rev. 12/13/07 Project Number(s): vt.lP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo a) Potentially Significant Unless Mitigation Incorporated. An acoustical analysis was prepared for the proposed project by Urban Crossroads on December 11, 2007 (JN:05471-03) to determine compatibility with the City of Carlsbad's Noise Guidelines Manual. The report identifies vehicle noise from Interstate 5 and Paseo del Norte as the primary noise source in the vicinity of the project site. Building facade noise levels were found to be approximately 75 dBA or less at all buildings on the project site. The design of the buildings will be required to provide a minimum noise reduction of20 dBA CNEL in order to comply with the City's interior Leg(h) standard of 55 dBA CNEL. According to the report, new construction will generally produce a "windows closed" noise reduction ranging from 25 dBA to 30 dBA. Therefore, with typical building construction, including a means of mechanical ventilation for all buildings onsite, the project will comply with the City of Carlsbad's 55 dBA CNEL interior noise standard for commercial uses. A mitigation measure has been applied to the project requiring mechanical ventilation and a supplemental acoustical analysis .. The acoustical analysis also analyzed exterior noise impacts as they relate to the outdoor dining area proposed along the north side of Restaurant-A (P.F. Chang's). In order to block the transmission path of the roadway noise to the outdoor dining area, a 4-foot high noise barrier is conditioned to be constructed along the northern edge of the dining area, which will mitigate noise levels to a "conditionally acceptable" noise level of between 68.6 dBA CNEL and 70.2 dBA CNEL. According to the report, the noise barrier may be constructed of masonry block; stucco veneer over wood framing (or foam core), or I inch thick tongue and groove wood of sufficient weight per square foot; glass {¼-inch thick), or other transparent material with sufficient weight per square foot; earthen berm; or any combination of these materials. Restaurant-A is designed wit~ a 4-foot high wall consisting of a combination of¼- inch thick tempered glass mounted on top of a,masonry block vvall with a stucco exterior finish. With the inclusion of a 4-foot high noise barrier, the exterior noise levels at-the outdoor dining area will fall between the City of Carlsbad's "normally acceptable" policy goai of 65 dBA CNEL and the "conditionally acceptable" 75 dBA CNEL goal for exterior areas. A mitigation measure requiring a noise barrier around the outdoor dining area ofRestaurant- A has been applied to the project. : b & d) Less Than Significant Impact. The anticipated grading operation associated with the proposed project will result in a temporary and minor increase in groundborne vibration and ambient noise levels. Following the conclusion of grading, ambient noise level and vibrations are expected to return to pre-existing levels: c) No Impact. The project is. located on an infill lot surrounding by existing urban development and the Interstate 5 freeway. The proposed commercial retail center and restaurants are not expected to increase the ambient noise levels in the project vicinity above levels existing without_the project. Therefore, no impact is assessed. e-t) No Impact. The subject site is located approximately 1.9 miles west of the McClellan-Palomar Airport runway and approximately 270 feet below the surface of the runway. The project site is located within the Airport Influence Area as identified in the Airport Land Use Compatibility Plan (ALUCP) for the McClellan-Palomar Airport. The proposed retail center and restaurant uses fall into Land Use Category No. 8 of the ALUCP Noise/Land Use Compatibility Matrix (Commercial-Retail, Shopping Centers, Restaurants, and Movie Theaters). According to the ALUCP, the southern half of the project site is located within the 60 CNEL noise contour with the northern half located just outside. The types of uses proposed with the project are considered "compatible" according to the ALUCP with the aircraft noise exposure at the site. Therefore, no impact is assessed. 21 Rev. 12/13/07 ( ( . ProjectNumber(s): ... LJP 07-03/CDP 07-07/MS 07-02 XII. POPULATION AND HOUSING -Would the.project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Potentially Significant Impact □ □ □ Project Name: Carlsbad Paseo Potentially Significant Unless Mitigation Incorporated □ □ □ Less Than Significant No Impact Impact □ □ □ a-c)·No Impact. The proposed project is located on an infill site surrounded by vehicle storage for Ken Grody Ford to the north, a stand alone restaurant (King's Fish House) to the south, Carlsbad Premium Outlets to the east, and Interstate 5 to the west. The area surrounding the propose9 development is designated for Travel/Recreation Commercial {T-R) and Regional Co.mrnerciai (R) General -Plan land uses. The intensity of the proposed development is consistent with the surrounding land uses and is also consistent with the Travel/Recreation Commercial (T-R) General Plan Land Use designation for the site. The project is anticipated to capture the existing residential community along with servicing the retail needs of tourists visiting the area. The project will not induce substantial gro:wth in area, thereby necessitating the need for new housing, the extension of roads or· other infrastructure; nor will it displace substantial numbers of people or existing housing, necessitating the construction of replacement housing elsewhere. Therefore, no impact is assessed. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? □ □ □ rg)· ii) Police protection? □ □ □ ~ iii) Schools? □ □ □ ~ iv) Parks? □ □ □ [8J v) Other public facilities? □ □ □ [g] 22 Rev. 12/13/07 ( Project Number(s): ...,t]p 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo a.i.-a.v.) No Impact. The proposed Carlsbad Paseo project will not effect the provision and/or availability of public facilities (i.e., fire protection, police protection, schools, parks, etc.). The proposed project shall be subject to the conditions and facility service level requirements within the Local Facilities Management Plan for Zone 3, therefore no significant public service impacts will occur. XIV, RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? •• • Potentially Significant Impact □ □ Potentially Significant Unless Less Than Mitigation Significant No Incorporated Impact Impact □ □ ~ □ □ a-b) No Impact. The proposed project is not considered a use that would increase the use of existing neighborhood and regional parks, nor does the project include recreational' facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. Therefore, no impact is assessed. XV. TRANSPORTATION/fRAFFIC -Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips; the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? . c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? 23 Potentially Significant Impact □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ Less Than Significant No Impact Impact □ □ □ □ □ □ Rev. 12/13/07 ( Project Number(s): ~UP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo f) Result in insufficient parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? Potentially Significant Impact □ □ Potentially Significant Unless Mitigation Incorporated □ □ Less Than Significant No Impact Impact □ ~ □ ~ a) Potentially Significant Impact Unless Mitigation Incorporated. A Traffic Impact Analysis was prepared for the project by Darnell & Associates, Inc., dated March 2008. The proposed project would generate 3,752 Average Daily Trips (ADT), 71 AM peak hour trips and 300 PM peak hour trips. This traffic will utilize the following key roadways: Cannon Road, Palomar Airport Road, Paseo del Norte, and Interstate_ 5 (1-5). Existing traffic, design capacity(ies), project traffic, and percent of the existing traffic volume and the design capacity respectively on these arterials are listed in the table below: l' ~-oadw.~y' :,. : . •. • --,-: .:-'tl<:xisting V1_1l~ · ):,_Capaci_ty :;I .Proj_eh :V~t (~DT)·· ·;; % of Exis~ing /%of Capacity • , (: ·,. , . ··_.·: ;j (ADT)_· .. : -; .. ;i'(ADT) :; . •• • :· . , • :! • · : . •. · , . Palomar Airport Road 52,936 60,000 1,313 • 2.5 I 2.2 Cannon Road 28,237 40,000 i,313' 4.5 / 3.2 Paseo del Norte 10,831 30,000 2,251 20.7 I 7.5 According to SANTEC/ITE Guidelines for Traffic Impact Studies in the San Diego Region, LOS D is an acceptable level of service for roadways and intersections. Traffic impacts on a roadway segment or intersection is considered significant, and mitigation must be provided, if one of the following criteria is met: 1. The addition .of trips generated by the proposed project results in a change of Level of Service (LOS) from an acceptable LOS to unacceptable LOS. 2. When the intersection or roadway segment is operating at an acceptable LOS and the addition of the proposed project traffic results in a change in volume to capacity ratio of more than 2% (0.02), or results in an increase in delay of more than 2.0 seconds at a deficient intersection. For freeway segments, an increase of more than 0.01 in volume to capacity ratio is considered to be significant. Direct Impacts: Under an existing plus project condition, the traffic impact analysis indicates that the proposed project -has no significant direct impacts to key roadway segments and/or intersections within the vicinity of the project, and furthermore all affected roadway segments will operate at a LOS A (see Table 11, Pg. 19). For the analyzed segments of the 1-5 freeway (Tamarack Avenue to Cannon Road, Cannon Road to Palomar Airport Road, and Palomar Airport Road to Poinsettia Lane), the increases in volume to capacity ratio are within the allowable 0.0 l per SANTEC/ITE guidelines. All analyzed intersections will continue to operate at an acceptable LOS D or better. 24 Rev. 12/13/07 (- Project Number(s): ..;UP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo Near Term Impacts: Under a near term cumulative plus project condition, the traffic impact analysis indicates that the proposed project will have cumulative indirect impacts at the following intersections: • Palomar Airport Road/Paseo def Norte, • Paseo de) Norte/Carlsbad Company Stores Driveway, • Eastbound Left Tum Queue at Palomar Airport Road/Paseo def Norte, and • The Southbound I-5/Westbound Palomar Airport Road Ramp Meter To reduce cumulative indirect impacts at the intersections listed above, the following mitigation is required: Palomar Airport Road/Paseo del Norte: To mitigate impacts to the Palomar Airport Road/Paseo def Norte intersection, the developer will be required to pay a Traffic Impact Fee (TIF) based on Section 18.42 of the City of Carlsbad Municipal Code prior to issuance of a building permit. • • • The TIF program identifies the future addition of a westbound through lane at the Palomar Airport Road/Paseo del Norte intersection. With this improvement, the Palomar Airport Road/Paseo def Norte intersection will operate at LOS D under the near term cumulative. plus project co_nd!tions. The TIF improvements to the Palomar Airport Road/Paseo del Norte intersection will· also result in improvements in delay at the Palomar Airport Road/I-5 northbound ramp intersection. Paseo del Norte/Carlsbad Company Stores Driveway: To mitigate impacts to the Paseo del Norte/Carlsbad Company Stores Driveway intersection, the developer will be required to execute a Traffic Signal Subdivision Improvement Agreement with the City of Carlsbad, to design and install and post appropriate security as provided by Jaw, a traffic signal constructed to the satisfaction of the City Engineer. Improvements will consist of designing and constructing a new fully actuated traffic signal, including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of Paseo def Norte, the Carlsbad Company Store Driveway and the main entryway to the project. The developer acknowledges the necessity of this signal is to serve only this project, and as such the developer will bear all costs associated with the design and construction of this signal if warrants are met. The signal shall be interconnected with adjacent signals to facilitate signal coordination. The developer will be required to post security for the design and construction of said improvements, and the traffic signal will only be installed when written approval is received by the City Engineer. The Agreement will be kept in force and security kept valid for a period of five (5) years after the last building permit has been issued within this development. Eastbound Left Turn Queue at Palomar Airport Road/ Paseo del Norte: The queuing analysis for the eastbound left turn queue at the Palomar Airport Road/Paseo del Norte intersection found that the 951n_percentile queue is projected to exceed the 250 feet of available storage during the PM peak hour under near term cumulative without project condition. The proposed project will add traffic to this movement. Therefore, prior to recordation of the parcel map, the developer will be required to pay a fair-share contribution for the lengthening of the eastbound to northbound left turn pocket at the intersection of Palomar Airport Road and Paseo del Norte, based on a pro-rata share, all of which is to the satisfaction of the City Engineer. The Southbound 1-5/Westbound Palomar Airport Road Ramp Meter: Under a near term cumulative plus project condition, delay at the southbound I-5/westbound Palomar Airport Road ramp meter is projected to increase above the two minute increase that is allowed by SANTEC/ITE standards. 25 Rev. 12/13/07 . (-. ProJect Number(s). A.IP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo Therefore, an increase in ramp meter flow rate would be required. Caltrans is responsible for controlling ramp meter flow rate. As such, an increase in ramp meter flow rate will only be implemented if Caltrans determines that traffic volumes warrant it. The California Department of Transportation (Caltrans) reviewed the above referenced traffic study, and in a letter dated March 28, 2008 found the proposed mitigation to be acceptable, Future Impacts: Per SANTEC/ITE guidelines, under a year 2030 scenario, the project will contribute to the future impacts at the following locations: • Paseo Del Norte/Carlsbad Company Stores Driveway, • Northbound 1-5/Cannon Road Ramp Meter, and • Southbound 1-5/Westbound Palornar Airport Road Ramp Meters Paseo Del Norte/Carlsbad Company Stores Driveway: To mitigate impacts to the Paseo de! Norte/Carlsbad Company Stores Driveway intersection, the developer will be required to execute a Traffic Signal Subdivision Improvement Agreement with the City of Carlsbad, to design and install and post appropriate security as provided by law, a traffic signal constructed to the satisfaction of the City Engineer. Improvements will consist of designing and constructing· a new fully actuated traffic signal, including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of Paseo del Norte, the Carlsbad Company Store Driveway and the main entryway to the project. The developer acknowledges the necessity of this signal is to serve only this project, and as such the developer will bear all costs associated with the ·design and construction of this signal if warrants are met. The signal shall be interconnected with adjacent signals to facilitate signal coordination. The developer will be required to post security in accordance with C.M.C. Section 20.16.070 for the design and construction of said fmprovements, and the traffic signal will only be installed when written approval is received by the City Engineer. The Agreement will be kept in force and security kept valid for a period of five (5) years after the last building permit has been issued within this development. 26 Rev. 12/13/07 I ,·· Project Number(s): ~UP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo Northbou~d I-5/Cannon I.toad Ramp Meter & Southbound I-5/Westbound Palomar Airport Road Ramp Meters: Under the year 2030 scenario, delay at both the northbound I-5/Cannon Road and the Westbound Palomar Airport Road ramp meters are projected to increase above the two minute increase that is allowed by SANTEC/ITE standards. Therefore, an increase in ramp meter flow rate would be required. Caltrans is responsible for controlling ramp meter flow rate. As such, an increase in ramp meter flow rate will only be implemented if Caltrans determines that traffic volumes warrant it. The California Department of Transportation (Caltrans) reviewed the above referenced traffic study, and in a letter dated March 28, 2008 found the proposed mitigation to be acceptable. b) Less Than Significant Impact. SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and one highway segment in Carlsbad as part of the regional circulation system. The existing LOS on these designated roads and highway in Carlsbad is: • Rancho Santa Fe Road El Camino Real Palomar Airport Road SR 78 LOS "A-D" "A-D" "A-D" "F' . . . The Congestion Management Program's '(CMP) acceptable -Level of Service (LOS) standard is "E", or LOS "F" if that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS "F" in 1990). Accordingly, all designated roads and highway 78 is currently operating at or better than the acceptable standard LOS. Achievement of the· CMP acceptable Level of Service (LOS) "E" standard assumes implementation of the adopted CMP strategies. Based on the design capacity(ies) of the designated roads and highway and implementation of the CMP strategies, they will function at acceptable level(s) of service in the short-term and at build'out. c) No Impact. The proposed project does not include any aviation components. The project is consistent with the Airport Land Use Compatibility Plan (ALUCP) for the McClellan-Palomar Airport .. It would not, therefore, result in a change of air traffic patterns or result in substantial safety risks. Therefore, no impact is assessed. d) No Impact. All project circulation improvements will be designed and constructed to City standards; and, therefore, would not result in design hazards. The proposed project is consistent with the City's general plan and zoning. Therefore, it would not increase hazards due to an incompatible use. Therefore, no impact is assessed. e) No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. Therefore, no impact is assessed. t) No Impact. The proposed project is not requesting a parking variance. Additionally, the project would comply with the City's parking requirements to ensure an adequate parking supply. Therefore, no impact is assessed. g) No Impact. The project is located on the west side of Paseo def Norte between Cannon Road to the north and Palomar Airport Road to the south. The project is served by the North County Transit District (NCTD) with Bus Rciute 321 serving Paseo del Norte. The project has been designed to include a new bus turnout along Paseo del Norte and bicycle parking onsite. A condition of approval will be added to the project requiring secure bicycle racks to be installed at each bicycle parking area within the project. Therefore, no impact is assess.ed. 27 Rev. 12/13/07 I Project Number(s): ~UP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo XVI. UTILITIES AND SERVICES SYSTEMS -Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of· existing • facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies ayailable to sei:ve "th~ . project from existing entitlements ·and resources-; or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in • addition to the provider's existing commitments? t) Be served by a landfill with sufficient permitted capacity to accommodate the· project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Potentially Significant Impact .□ □ □ □ □ □ □ Potentially Significant Unless Mitigation· Incorporated □ □ □ □ □ □ □ Less Than Significant Impact □ □ □ □ □ □ □ No Impact ~ [81 a-g) No Impact. The proposed project will be required to comply with all Regional Water Quality Control Board Requirements. In addition, the Zone 3 LFMP anticipated that the project site would be developed with travel/recreation commercial uses and therefore wastewater treatment facilities were planned and designed to accommodate this future use. All public facilities, including water facilities, wastewater trea~ent facilities and drainage facilities, have been planned and designed to accommodate the growth projections for the City at build-out. The project does not result in development that will require expansion or construction of new water facilities/supplies, wastewater treatment or storm water drainage facilities. Therefore, no impact is assessed. 28 Rev. 12/13/07 ( (-· Project Number{s): t:UP 07-03/CDP 07-07/MS 01-02 Project Name: Carlsbad Paseo XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or anirrial community, reduce the number or restrict the range ofa rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individualiy limited, but cumulatively considerable? ("Cumula- tively considerable" means that the incremental effects of a project are considerable when viewed-in connection with the effects, of past projects, _ the • effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on huJl}an beings, either direct~y or indirectly? Potentially Significant Impact □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ Less Than Significant Impact □ No Impact □ □ a) No Impact. The proposed project will not degrade the quality of the environment. The project site is considered an infill site surrounded by urban development and the 1-5 freeway; it does not contain any fish or wildlife species; is not identified by any habitat conservation plan as containing a protected, rare or endangered plant or animal species; and does not contain any known historical, archeological, or paleontological resources. Therefore, the project will not reduce the habitat of a fish or wildlife species; will not threaten to eliminate or reduce the number of endangered plant and animal species; and will not result in the elimination of any important examples of California history or prehistory. b) Less Than Significant Impact. The San Diego Association of Governments (SANDAG) projects regional growth for the greater San Diego area, and local General Plan Land Use policies are incorporated into SANDAG projections. Based upon those projections, region-wide standards, including storm water quality control, air quality standards, habitat conservation, congestion management standards, etc., are established to reduce the cumulative impacts of development in the region. All of the City's development standards and regulations are consistent with the region wide standards. The City's standards and regulations, including grading standards, water quality and drainage standards, traffic standards, habitat and cultural resource protection regulations, and public facility standards, ensure that development within the City will not result in a significant cumulatively considerable impact. Ther~ are two regional issues that development within the City of Carlsbad has the potential to have a cumulatively considerable impact on. Those issues are air quality and regional circulation. As described above, the project would contribute to a cumulatively considerable potential net increase in emissions throughout the air basin. However, the air quality would be essentially the same whether or not the development is implemented. The County Congestion Management Ageney (CMA) has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the regional circulation system. The CMA had determined, based on the City's growth projections in the General Plan, that these designated roadways will function at acceptable levels of service in the short-term and at build-out. The project is consistent 29 Rev. 12/13/07 ( Project Number(s): ~UP 07-03/CDP 07-07/MS 0.7-02 • Project Name: Carlsbad Paseo with the City's growth projections, and therefore, the cumulative impacts from the project to the regional circulation system are less than significant. With regard to any other potential impacts associated with the project, City standards and regulations will ensure that development of the site will not result in any significant cumulatively considerable impacts. c) Less than Significant Impact. Based upon the fact that future development of the site will comply with all City standards, the project will not result in any direct or indirect substantial adverse environmental effects on human beings. However, the project site is located in an area where human beings are exposed to significant levels of noise generated by traffic on the surrounding streets. As discussed above, any potential impacts from noise can be mitigated to a level less than significant. Those mitigation measures will be incorporated as conditions of project approval. Development of the site and structures will be required to comply with all applicable Federal, State, Regional and City regulations, which will ensure that development of the site will not result in adverse impacts on human beings, either directly or indirectly. XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuantto the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used .. Identify earlier analyses and state where they are available for review. .. . b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal. standards, . and state whether such effects were addressed by mitigation measures based on the e:arlier analysis. c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document anct"the extent to which they address site-specific conditions for the project. 30 Rev. 12/13/07 ( Project Number(s): ~UP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. l. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14 .• Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01). City of Carlsbad Planning Department, March 1994. Carlsbad General Plan, City of Carlsbad Planning Department, March 1994. City of Carlsbad Municipal Code, Title 21 Zoning, City of Carlsbad Planning Department, as updated. Habitat Management Plan for Natural Communities in the City of Carlsbad, City of Carlsbad Planning Department, final approval dated November 2004. Airport Land Use Compatibility Plan for McClellan ·Palomar Airport. Carlsbad, California, San Diego County Regional Airport Authority, as-amended October 4, 2004. Geotechnical Engineering Investigation Report (Contract No. 148028), Testing Engineers San Diego, Inc., September 26, 2006. Preliminary Vegetation Assessment. Carlsbad F'aseo: Planning Systems, May 16, 2007. Wetland Delineation for the Carlsbad Paseo, Planning Systems, April 2, 2008. Preliminary Storm Water Management Plan for Strategic Property Advisers, Inc .. Carlsbad Paseo, Aquaterra Engineering Inc., March 19, 2008 .. Preliminary Hydrology Report for CPT/SC Title Holdings Corp, Carlsbad Paseo, Aquaterra Engineering Inc., March I\ 2008. Flood Insurance Rate Map. Map No. 06073C1027F, June 19, 1997. Geotechnical Hazards Analysis and Mapping Study, Catastrophic Dam Failure Inundation, Tsunami and Seiche Hazard Zone Maps, City of Carlsbad Planning Department, September 1992. Carlsbad Paseo Galleria Preliminary Noise Study (JN: 05471-03), Urban Crossroads_, December 11, 2007. Traffic Study for Carlsbad Paseo (CUP 07-03/CDP 07-07) in the City of Carlsbad, Darnell & Associates, Inc., March 14, 2008. 31 Rev. 12/13/07 LlST OF MITlGA TING MEASURES Project Number(s{. JP 07-03/CDP 07-07/MS 07-02 Project Name: Carlsbad Paseo I. Mechanical ventilation shall be provided for all buildings as specified in the acoustical analysis prepared for the project by Urban Crossroads on December 11, 2007, to achieve a 55 dBA CNEL interior noise level. Prior to issuance of a building permit, the developer shall submit a supplemental acoustical analysis from the acoustical consultant stating that the architectural plans have been designed in compliance with the recommendations stated in the.acoustical report. 2. The project is conditioned to construct a 4-foot high.noise barrier along the northern edge of the outdoor dining area of Restaurant-A (P.F. Chang's). The barrier must have a surface de~ity of at least 3.5 pounds per square foot of face area and shall have no decorative cutouts or line-of-site openings between shielded areas and the roadways. The noise control barrier may be constructed of masonry block; stucco veneer over wood framing (or foam core), or I inch thick tongue and groove wood of sufficient weight per square foot; glass (¼-inch thick), or other transparent material with sufficient weight per square foot; earthen berm; or any combination of these materials. Transportation/Circulation: 3. To mitigate impacts to the Palom~ Airport Road/P~~~ del Norte intersection, the developer shall pay a Traffic Impact Fee (TIF) based 'On Section 18.42 of the City of Carlsbad Municipal Code prior to is~uance of a building permit. 4. Prior to recordation of the parcel map, Developer shall execute a Traffic Signal Subdivision Improvement Agreement to design and install and post appropriate security as provided by law, a traffic :signal constructed to the satisfaction of the City Engineer. Improvements shall consist of: a. Design and construct a new fully actuated traffic signal including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of Paseo Del Norte and Carlsbad Company Store Driveway at the entryway of the project. Developer acknowledges the necessity of this signal is to serve only-.this project and Developer will bear all costs associated with the design and construction of this signal, if warrants are met. The signal shall be interconnected with adjacent signals to facilitate signal coordination. Developer shall post security in accordance with C.M.C. Section 20.16.070 for the design and construction of said improvements. The traffic signal shall be installed only when written approval is received by the .City Engineer. The Agreement shall be kept in force and security kept valid for a period of 5-years after the last building per-mit has been issued within this Development. 5. Prior to recordation of the parcel map,-Developer shall pay a fair-share contribution for the lengthening of the eastbound to northbound left turn pocket at the intersection of Palomar Airport Road and Paseo del Norte, based on a pro-rata share, all to the satisfaction of the City Engineer. 32 Rev. 12/13/07 ( Project Number(s1: CUP 07-03/CDP 07-07/MS.07-02 Project Name: Carlsbad Paseo APPLICANT CONCURRENCE WITH MID GA TION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Ho.~ 10, ,.2002 33 Rev. 12/13/07 Page 1 of 3 PROJECT NAME: Carlsbad Paseo FILE NUMBERS: CUP 07-03/CDP 07-07/MS 07-02 APPROVAL DATE: ___________ _ The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6). .... Mit\gation Measure '··. 1.· ·.· ,•·, •:. .. ,··. 1. Mechanical ventilation shall be provided for all buildings as specified in the acoustical analysis prepared for the project by Urban Crossroads on December 11 , 2007, to achieve a 55 dBA CNEL interior noise level. Prior to issuance of a building permit, the developer shall submit a supplemental acoustical analysis from the acoustical consultant stating that the architectural plans have been designed in compliance with the recommendations stated in the acoustical report. 2. The project is conditioned to construct a 4-foot high noise barrier along the northern edge of the outdoor dining area of Restaurant-A (P.F. Chang's). The barrier must have a surface density of at least 3.5 pounds per square foot of face area and shall have no decorative cutouts or line-of-site openings between shielded areas and the roadways. The noise control barrier may be constructed of masonry block; stucco veneer over wood framing (or foam core), or 1 inch thick tongue and groove wood of sufficient weight per square foot; glass (¼-inch thick), or other transparent material with sufficient weight per square foot; earthen berm; or any combination of these materials. Explanation of Headings: Type = Project ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. • , Monitoring • Tvoe· Project Project ,. '' . Monitoring " S,howri on·.· .. •• Verified • : ·· 'Deoartnient ··• · ·Plans.·· lmPlerrientatiori • Rem~rks t . • :::;'·. ··,. Planning .. . . Planning . Verified Implementation= When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD -Appendix P. ~-. Page 2 of 3 . Mitigation JV,i,asure 3. To mitigate impacts to the Palomar Airport Road/Paseo del Norte intersection, the developer shall pay a Traffic Impact Fee (TIF) based on Section 18.42 of the City of Carlsbad Municipal Code prior to issuance of a building permit. 4. Prior to recordation of the parcel map, Developer shall execute a Traffic Signal Subdivision lmproven;ient Agreement to design and install and post appropriate security as provided by law, a traffic signal constructed to the satisfaction of the City Engineer. Improvements shall consist of: a. Design and construct a new fully actuated traffic signal including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of Paseo Del Norte and • Carlsbad Company Store Driveway at the entryway of the project. Developer acknowledges the necessity of this signal is to serve only this project and Developer will bear all costs associated with the design and construction of this signal, if warrants are met. The signal shall be interconnected with adjacent signals to facilitate signal coordination. Developer shall post security in accordance with C.M.C. Section 20.16.070 for the design and construction of said improvements. The traffic signal shall be installed only when written approval is received by the City Engineer. The Agreement shall be kept in force and security kept valid for a period of 5- years after the last building permit has been issued within this Oeve·loprnent. Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. infonnation. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. • •. Monit<;fr\rig • • ·.· ··Typij> Project Project Monit9ring • • Department•. Engineering Engineering •• $hownon. ·.·.·Plans·.• : Ver,ified· .. :r:).~;,y/··,:,~,·"', . . lmp/emen·tati{m'·, <?::~~ff!c,lrk,s . Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD -Appendix P. Page 3 of 3 Mitigation Measure . · .. 5. Prior to recordation of the parcel map, Developer shall pay a fair-share contribution for the lengthening of the eastbound to northbound left turn pocket at the intersection of Palomar Airport Road and Paseo del Norte, based on a pro-rata share, all to the satisfaction of the City Engineer. Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Monitoring , . . Mcmitoring • Shown on;;, ,verified Tvoe ·.: · •• • ' • Deoartment Plans(;. lmolemei1tati6n . :· .· ,:~~,n\~~' >: Project Engineering Verified Implementation = When mi)igation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD -Appendix P. ·,. -----,,,_ ( STATE PE CAI lfORNIA NATIVE AMERICAN HERITAGE COMMISSION 915 C_APITOL MALL, ROOM 364 SACRAMENTO, CA 95814 (916) 653-6251 Fax (916) 857-5390 Web Site www nahc.cagoy &-mall: ds_nahc@pacbell.net Mr. Jason Goff, Associate Planner CITY OF CARLSBAD 1635 FARADAY AVENUE Car1sbad, CA 92008 June 3, 2008 Arnold sqt,waq;MMMZPM' Qp rsrnor JUN2008 Plall!ling Dep~rtment Ci~/Ol cartstiad Re: SCH#2008051076: CEQA Notice of Completion· Mitigated Negative Declaration-CUP 07-03/CDP 07 -07/MS 07- 02 for the Carlsbad Paseo Proiect San Diego County California Dear Mr.Goff: The Native American Heritage Commission is the state agency designated to protect California's Native American Cultural Resources. The California Environmental Quality Act (CEQA) requires that any project that causes a substantial adverse change in the significance of an.historical resource, that indudes archaeological resources, is a 'significant effect' requiring ttie preparation or-arf Environmental Impact Report (EIR) per the California Code of Regulations §15064.S(b)(c (CEQA guidelines). Section 15382 of the 2007 CEQA Guidelines defines a significant impact on the environment as •a substantial, or potentially substantial, adverse change in any of physical conditions within an area affected by the proposed project, induding ... objects of historic or aesthetic signi.ficance. • In order to comply with this provision, the lead agency is required to assess whether the project will have an adyerse impact on these resources within the 'area of potelltial effect (APE)', and if so, to mitigate that effect. To· adequately assess the project-related impacts on historical r9!iour<;es, the .Commission recommends the following action: •✓ Contact the appropriate California Historic Resources Information Center (CHRIS) for possible 'recorded sites' in locations where the development will or might ~r .. _ Contact information for .the lnformatioo Center nearest you is available from the·State Office of Historic Preservation (91'6/65~7278)/ http://www,ohp.parks.ca,qov. The.record search will determine:· • If a part or the· entire APE has been previously surveyed for cultural resources. • If any known cultural resources have already been recorded in or adjacent to the APE. • If the probability is low, moderate, or high that cultural resources are located in the APE. • If a survey is required to determine whether previously unrecorded cultural resources are present ✓ If an archaeological inventory survey is required, the final stage is the preparation of a professional report detailing . the findings and recommendations of the records search and field survey. • The final report containing site forms, site significance, and mitigation measurers should be submitted immediately to the planning department All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum, and not be made available for pubic disclosure. • The final written report should be submitted within 3 months after work has been completed to the appropriate regional archaeological Information Center. ✓ Contact the Native American Heritage Commission (NAHC) for: * A Sacred Lands File (SLF) search of the project area and information on tribal contacts in the project vicinity that may have additional cultural resource information. Please provide this office with the following citation format to assist with the Sacred Lands File search request USGS 7.5-minute quadrangle citation with name township range and section: . • The NAHC advises the use of Native American Monitors to ensure proper identification and care given cultural resources that may be discovered. Tfi~recommends,thatcontact be-made with Native American Contacts on the attached.list to get their input on potential project impact (APE). In some cases, the existence of a Native American cultural resources may be known only to a local tribe(s) . ./ Lack of surface evidence of archeological resources does not preclude their subsurface existence. • Lead agencies should include in their mitigation plan provisions for the identification and evaluation of accidentally discovered archeological resources, per California Environmental Quality Act (CEQA) § 15064.5 (f). In areas of identified archaeological sensitivity, a certified archaeologist and a ·culturally affiliated Native • American; with knowledge in cultural resources, should monitor all _ground-disturbing activities. . , . . • · · • Aculturally~affiliated· Native Arrieiican:tri\:,e ·may be the only source of information about a Sacred Site/Native . 'American culturaf"resource. • . . • • . . . • • • .. . . . • • . Lead agencies should include in their mitigation plaQ provisions for the disposition of recovered arti~cts. in · .. cons_ultatio·n with culturally affiliated Native Am·ericans. • • • • • r ( ✓ Lead agencies should include provisions for discovery of Native American human remains or unmarked cemeteries in their mitigation plans. * CEQA Guidelines, Section 15064.5(d) requires the lead agency to work with the Native Americans identified by this Commission if the initial Study identifies the presence or likely presence of Native American human remains within the APE. CEQA Guidelines provide for agreements with Native American, identified by the . NAHC, to assure the appropriate and dignified treatment of Native American human remains and any associated grave liens .. ✓ Health and Safety Code §7050.5, Public Resources Code §5097.98 and Sec. §15064.5 (d) of the California Code of Regulations (CEQA Guidelines) mandate procedures to be followed, including that construction or excavation be stopped in the event of an accidental discovery of any human remains in a location other than a dedicated cemetery until the county coroner or medical examiner can determine whether the remains are those of a Native American. Note that §7052 of the Health & Safety Code states that disturbance of Native American cemeteries is a felony. ✓ Lead agencies should consider avoidance as defined jn §15370 of the California Code of Regulations CCEQA Guidelines) when significant cultural resources are discovered during the course of proiect planning and jmplementatjon ct me at (916) 653-62~1 if you have any questions. aves, Program Analyst Attachment List of Native American Contacts Cc: State Clearinghouse FILE COPY (s-~'-1· O'?. City of Carlsbad ■A6 1Ue1 ••1!l•J4·Ef ii,,t§,1 ■ June 24, 2008 Dave Singleton Native American Heritage Commission 915 Capitol Mall, Room 364 Sacramento, CA 95814 SUBJECT: RESPONSE TO NATIVE AMERICAN HERITAGE COMMISSION COMMENTS: SCH#2008051076; CEQA Notice of Completion; Mitigated Negative Declaration -CUP 07-:03/CDP 07-07/MS 07-02 for the Carlsbad Paseo Project,.Sa.q Diego County?--Qalifornia. Dear Mr. Singleton, Thank you for your comments dated June 3, 2008 pertaining to the Mitigated Negative Declaration (MND) that was prepared for the proposed Carlsbad Paseo project located in the City of Carlsbad, California. Upon receipt of your comments a Cultural Resources Study was prepared (dated June 2008) for the project by Gallegos & Associates in accordance with the points of your letter, and the City of Carlsbad Cultural Resources and California Environmental Quality Act (CEQA) guidelines. A field survey of the site was conducted on June 10, 2008, which included, Cami Mojado, a Native American monitor representing the San Luis Rey Band of Mission Indians. A records search and literature review was also conducted at the South Coastal Information Center at San Diego State University on June 13, 2008. The literature review and field survey were negative, identifying no previously recorded cultural resources, and no new cultural resources within the project area. Given the absence of previously recorded cultural resources, high level of site disturbance, and negative survey results, no additional cultural resource work is being recommended by the cultural resources study. However, the cultural resources study does recommend monitoring of brush clearing and initial grading activities by a qualified archeologist and a tribal monitor of the San Luis Rey Band of Mission Indians to ensure that any unanticipated buried cultural resources (i.e., artifact deposits, burials, hearths) are .evaluated in a timely and proper manner. The Cultural Resources Study has been reviewed by the San Luis Rey Band of Mission Indians, and in a letter prepared by California Indian Legal Services dated June 20, 2008, a formal pre- excavation agreement and tribal monitoring by the San Luis Rey Band of Mission Indians has been requested. To ensure the above, the following conditions have been added to the project: 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ • .,._,\.1 lJi J RESPONSE TO NATIVE AMERICAN HERITAGE COMMISSION COMMENTS SCH#200805 l 076 June 24, 2008 Pa e2 1. Prior to commencement of grading, the developer shall enter into a pre-excavation agreement with a representative of. the San Luis Rey Band of Mission Indians. The purpose of this agreement will be to establish the requirement of tribal monitoring and to formalize procedures for the treatment of Native American human remains and burial, ceremonial, or cultural items that may be uncovered during any ground disturbance activities. 2. Prior to issuance of a grading permit, the project developer shall retain the services of a qualified archeologist to monitor all ground disturbing activities. The applicant shall provide verification that a qualified archeologist has been retained, and verification shall.be documented by a letter from the applicant and the archeologist to the Planning Director. • 3. A qualified archeologist shall be .present at the pre-construction meeting to consult with the grading and excavation contractors~ . . . , 4. , In the event that any cultural resources, concentration of artifacts, or culturally modified soil deposits are discovered within the project area at any time during construction, the archeological monitor shall be empowered to suspend work in the immediate area of the discovery until such time as a data recovery plan can be developed and implemented. 5. The discovery of any resource shall be reported to the City of Carlsbad Planning Director prior to any evaluation testing. 6. If any deposits are evaluated as significant under CEQA, mitigation may be required as recommended by the qualified archeologist. We appreciate your assistance in the planning of this project. Sincerely, ~--._) JASON GOFF Associate Planner C: Carmen Mojado, San Luis Rey Band of Mission Indians, 1889 Sunset Drive, Vista, CA 92081 Michele Fahley, Staff Attorney, California Indian Legal Services, 609 South Escondido Boulevard, Escondido, CA 92025 Paul Klukas, Planning Systems, Inc., 1530. Faraday Ave., Suite 100, Carlsbad, CA 92008 Don Neu, Planning Director Gary Barberio, Assistant Planning Director Chris DeCerbo, Principal Planner Tecla Levy, Project Engineer ,r' STATE OF CALIFORNIA BUSINESS TRANSPOR ON AND HQI/SING AGENCY DEPARTMENT OF TRANSPORTATION District 11 4050 Taylor Street, MS 240 San Diego, CA 92110 PHONE (619) 688-6960 FAX (619) 688-4299 TfY (800) 73S-2929 June 16, 2008 Jason Goff City of Carlsbad Planning Department 1635 Faraday Ave Carlsbad, CA 92008 Dear Mr. Goff: , . JUN 2008 Planning_ Deparfment City of CartSbad ARNOLD SCHWARZENEQG,l;R, Governor Flex your power! Be energy efficient! 11-SD-5 PM47.02 Carlsbad Paseo Mitigated Negative Declaration The California Department of Transportation (Caltrans) appreciated the opportunity to have participated in the review of the Mitigated Negative Declaration (MND) for the proposed Carlsbad Paseo to be located adjacent to Interstate 5 (I-5) in Carlsbad. We have the following comments, reiterative of our comment letter dated March 28, 2008, which addressed the Traffic Impact Study for the Carlsbad Paseo: • Project should coordinate with Caltrans I-5 North Coast Corridor Project engineers to ensure adequate right-of-way. Current preferred alternative build out of the 1-5 North Coast Corridor project will require the following items: 1) A footing easement of 354 square meters. 2) A temporary construction easement of 819 square meters. Please contact Fariborz Amiri at Caltrans District 11 Design Division for further coordination, (619) 688-6963. • All lighting (including reflected sunlight) within this project should be placed and/or shielded so as not to be hazardous to vehicles ~aveling on 1-5. • Mitigation for the impacts to the I-5 southbound on-ramp from westbound Palomar Airport Rd. is acceptable. • Mitigation for the impacts to the I-5 northbound on-ramp from westbound Cannon Rd. is acceptable. • Any work performed within Caltrans Right of Way (R/W) will require an encroachment permit. Early coordination with Caltrans is strongly advised for all encroachment permits. "Ca/trans improves mobility across California" Jason Goff June 16, 2008 Page2 If you require further information or have any question, please contact Seth Cutter at (619) 688-6075. v_ JACOB ARMSTRONG, Chie / Development Review Branch , . "Ca/trans improves mobility across California" FILE COPY C$J. ,;)'/ • O<g City of Carlsbad • IRIU,ieh,t~■•J4·LIIUH4,I ■ June 24, 2008 Jacob Annstrong Department Of Transportation District 11 4050 Taylor Street, MS 240 San Diego, CA 92110 SUBJECT: RESPONSE TO CALTRANS COMMENTS: Mitigated Negative Declaration -CUP 07-03/CDP 07-07/MS 07-02 for the Carlsbad Paseo Project, San Diego County, California. Dear Mr. Armstrong, Thank you for your comments dated June 16, 2008 pertaining to the Mitigated Negative Declaration (MND) that was prepared for the proposed Carlsbad Paseo project located in the City of Carlsbad, . California. With regards to the specific items and issues identified in your letter, the following is a response to each comment raised: • Bullet Comment No. 1: Comment noted. It is not the City's p~actice to require a project .to dedicate right-of-way or grant easements to Caltrans when Caltrans does not have an adopted alignment with environmental approval. Bullet Comment No. 2: A condition has been added to the project to address exterior lighting (including reflected sunlight). The condition reads as follows: Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lig~ting (including reflected sunlight) shall be designed to reflect downward and avoid any impacts on adjacent property, including /nterstate-5. Bullet Comment No. 3: No further comment, condition, or response is required. Bullet Comment No. 4: No further comment, condition, or response is required. Bullet Comment No. 5: A condition has been added to the project to address work within Caltrans right- of-way. The condition reads as follows: Developer shall apply for and obtain Right-of Way Permits from Ca/trans for any work proposed within Cal trans right-of way. 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ RESPONSE TO CAL TRANS COMMENTS June 24, 2008 Page2 We appreciate your assistance in the planning of this project. Sincerely, , n d ) c7-::>~!/ JASONGOFF . Associate Planner C: Paul Klukas, Planning Systems, Inc., 1530 Faraday Ave:, Suite 100, Carlsbad, CA 92008 Don Neu, Planning Director Gary Barberio, Assistant Planning Director Chris DeCerbo, Principal Planner Glen Van Peski, Senior Engineer Tecla Levy, ~roject Engineer 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. 6436 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT · TO CONSTRUCT A 7,511 SQUARE FOOT STAND ALONE RESTAURANT, A 44,391 SQUARE FOOT COMMERCIAL RETAIL CENTER, AND A VACANT PAD FOR A FUTURE STAND ALONE RESTAURANT ON A 6.96 ACRE PARCEL GENERALLY LOCATED ON THE WEST SIDE OF P ASEO DEL NORTE, NORTH OF KING'S FISH HOUSE, SOUTH OF CAR COUNTRY DRIVE, AND EAST OF THE INTERSTATE 5 FREEWAY, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: CARLSBAD PASEO CASE NO.: CUP 07-03 WHEREAS, Strategic Property Advisors, Inc., "Developer," has filed a verified application with the City of Carlsbad regarding property owned by CPT/SC Title Holding Corporation, "Owner," described as Portions of Parcel 2 and 3 of Parcel Map No. 11284, filed in the Office of the County Recorder of San Diego County, May 11, 1981 and Lot 4 of Carlsbad Tract No. 92-7 (Carlsbad Ranch Unit 1 and Unit 2), according to map thereof No. 13078, filed in the Office of the County Recorder of San Diego County, December 28, 1993, all in the City of Carlsbad, County of San Diego, State of California, more particularly described as follows: Beginning at the northeasterly corner of said Parcel 3, said corner being the most northerly corner of said Lot 4, said corner being the point of beginning; thence southerly along the easterly line of said Lot 4, south 22°29'26" east (south 22°29'26" east per said Map No. 13078) 925.00 feet to the beginning of a tangent curve concave northeasterly having a radius of 557.00 feet; thence southeasterly along said curve through a central angle of 11°20'36" a distance of 110.27 feet to a point on said easterly line, a radial through said point bears south 56°09'58" west; thence leaving said easterly line south 55°50'26" west 343.71 feet to the westerly line of said Parcel 2; thence northwesterly along the westerly line of said Parcels 2 and 3, north ·26°48'03" west (north 26°47'14" west per said Parcel Map 11284) 738.65 feet to an angle point corner of said Parcel 3; thence continuing along said westerly line north 25°12'24" west 300.01 feet (north 25°11 '47" west 300.01 feet per said parcel map) to an angle point corner of said parcel map; thence continuing along said westerly line north 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°15'29" west 68.05 feet (north 26°15'48" west 68.03 feet per said parcel map) to the northwest comer of said Parcel 3 of said parcel map; thence easterly along the northerly line of said Parcel 3, north 67°31'12" east 399.93 feet (north 67°31'17" east 400.00 feet per said parcel map) to the point of beginning. Said land is also described as Parcel A in that certain Certificate of Compliance for Adjustment Plat, dated October 1, 2002, and recorded October 18, 2002, as Document No. 2002- 0913260, official records of San Diego County, California. ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibit(s) "A" -"NN" dated July 16, 2008, on file in the Planning Department, CARLSBAD PASEO -CUP 07-03, as provided by Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on July 16, 2008, 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, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CUP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CARLSBAD PASEO -CUP 07-03, based on the following findings and subject to the following conditions_: Findings: I. 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 proposed restaurant, two-story commercial retail center, and future restaurant pad uses are permitted within both the Commercial-Tou_rist (C-T) Zone and the PC RESO NO. 6436 -2- 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. CommerciaJ/Visitor-Serving Overlay Zone, and will provide a service to the travel and recreational needs of tourists, residents, and employees of the surrounding businesses and industrial centers. That the requested uses are not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the prQject has been designed to accommodate all parking on site, provides for adequate traffic circulation, and incorporates all of the required development standards of the CommerciaJ/Visitor-Serving Overlay Zone to ensure compatibility of the project with the surrounding community. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the planning director, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that the project can be fit within the proposed development area (6.96-acre project site) without the need for any development standard modifications. Furthermore, the project complies with all of the required development standards and parking requirements of the C-T Zone and the CommerciaJ/Visitor-Serving Overlay Zone in that, adequate building and landscape setbacks have been provided; the proposed buildings are designed with enclosed service areas to conceal delivery areas, trash receptacles, and storage of supplies; roof-mounted mechanical equipment is screened from public view, and project access points for ingress and egress of the site are aligned with other surrounding driveways to integrate the proposed uses with other uses in the neighborhood. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that a traffic study was submitted for the development proposal, which indicates that the proposed project would generate a total of approximately 3,772 Average Daily Trips (ADT), with 96 AM peak hour trips (58 inbound, 38 outbound), and 302 PM peak hour trips (178 inbound, 124 outbound). , In order to accommodate the level of traffic generated, the project developer will be required to pay a fair-share contribution for the lengthening of the eastbound to northbound left turn pocket at the intersection of Palomar Airport Road and Paseo Del Norte; pay a Traffic Impact Fee (TIF) based on Section 18.42 of the City of Carlsbad Municipal Code to mitigate impacts to the Palomar Airport Road and Paseo Del Norte intersection; and execute a Traffic Signal Subdivision Improvement Agreement to design and· install, and post appropriate security for the construction of a future traffic signal at the intersection of Paseo Del Norte and the Carlsbad Company Stores Driveway where it intersects with the main project entry on the south side of Parcel B. Through project design, the street system serving the proposed use is adequate to properly handle all traffic that is expected to be generated by the project and all intersections and roadway segments serving the project wiJI operate at acceptable levels of service. 5. That the proposed project is adequately designed to accommodate the high percentage of visitor, tourist, and shuttle/bus alternative transportation users anticipated given the proposed use and site location within the overlay zone, in that the onsite circulation PC RESO NO. 6436 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. 7. 8. 9. system has been adequately designed to accommodate the flow of traffic without creating conflicts between uses. The project provides the required number of parking spaces to accommodate the proposed uses. The project will enter into a private reciprocal access agreement with the adjacent uses to the south to ensure cross project vehicular circulation. Pedestrian circulation is provided throughout the project to interconnect the three parcels with each other and the public right-of- way, and a separate pedestrian connection is provided from the proposed bus turn- out to Parcel B to ensure safe and efficient pedestrian circulation. That the building form, building colors, and building materials combine to provide an architectural style of development that will add to the objective of high quality architecture and building design within the overlay zone in that, the buildings have been designed with an alternative architectural design, which is compatible with the other surrounding buildings within the vicinity. The proposed buildings represent a high quality of architectural design through their use of varied building forms, high quality building materials, and decorative architectural elements. This combination of architectural elements creates a project that is complementary to the surrounding development, and adds to the objective of high quality architecture and building design within the overlay zone. That the project complies with all development and design criteria of the overlay zone in that, the project meets or exceeds all of the development and design criteria of the overlay zone including, but not limited to parking, screening, building height, building setbacks, building design, and landscaping. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, based on the facts set forth in the staff report dated July 16, 2008. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 3 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or 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. 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. 1'7 and will be collected prior to the issuance of building permit. PC RESO NO. 6436 -4- 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 10. 11. 12. 13. d. The Local Facilities Management fee for Zone 3 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-Palomar Airport (ALUCP), dated October 2004, in that as conditioned the applicant sha11 record a notice concerning aircraft noise. The project is compatible with the projected noise levels of the ALUCP; and, based on the noise/land use compatibility matrix of the ALUCP, the proposed land use is compatible with the airport, in that the proposed restaurant and retail center uses are considered compatible land uses within the 60 CNEL. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by the Open Space and Conservation Element of the City's General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in tum, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on all new development within the City is essential to fund implementation of the City's Habitat Management Plan. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B): 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 shall be satisfied prior to issuance of a grading permit or building permit, which ever shall occur first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Conditional Use Permit. PC RESO NO. 6436 -5- 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 2. 3. 4. 5. 6. 7. 8. 9. 10. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development 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. 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 approva.l shall be invalid unless the City Council determines that the project without the condition complies with all requirements' of law. 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 Conditional Use Permit, (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. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the (Parcel Map and Site Plan) reflecting the conditions approved by the final decision- making body. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 3 Local Facilities Management Plru:i and any amendments made to that Plan prior to the issuance of building pennits. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and CDP 07-03 and is subject to PC RESO NO. 6436 -6- 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 all conditions contained in Planning Commission Resolutions No. 6435 and 6437 for those other approvals incorporated herein by reference. 11. This approval is granted subject to the approval of the Minor Subdivision (MS 07-02) and is subject to all conditions contained in the City Engineer's approval Jetter for this other approval incorporated herein by reference. 12. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 13. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building pennit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shaJJ be placed on the Parcel Map. 14. Developer shall pay the citywide Public Facilities Fee imposed by City Council PoJicy # 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 FaciJities Management Plan fee for Zone 3, 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. 15. Prior to the issuance of a grading permit, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Conditional Use Permit and Coastal Development Permit by Resolution(s) No. 6436 and 6437 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 16. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. 17. If, at any time, the City Council, Planning Commission, or Planning Director determines that there has been, or may be, a violation of the findings or conditions of this conditional use permit, or of the Municipal Code regulations, a public hearing may be held before the PC RESO NO. 6436 -7- 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 18. 19. 20. 21. City Council to review this permit. At said hearing, the City Council may add additional conditions, recommend additional enforcement actions, or revoke the permit entirely, as necessary to ensure compliance with the Municipal Code and the intent and purposes of the Commercial/Visitor-Serving Overlay Zone, and to provide for the health, safety, and general welfare of the City. Developer shall implement, or cause the implementation of, the CARLSBAD PASEO - CUP 07-03/CDP 07-07/MS 07-02 Project Mitigation Monitoring and Reporting Program. Prior to issuance of a grading permit, Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shaJl construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall be free from advertising and shall at a minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. 22. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the City has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. Developer or Developer's successor(s) in interest shall pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. The applicant shall pay habitat in-lieu mitigation fees consistent with the Carlsbad Habitat Management Plan (HMP) and the Preliminary Vegetation Assessment (Planning Systems, May 16, 2006) as follows: Group E -6.29 acres of Annual (non-native) Grassland, and Group F-0.55 acres of Disturbed Lands. If the In-lieu Mitigation Fees for this project are not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any and all approvals for 23. . this project shall become null and void. AU roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in PC RESO NO. 6436 -8- 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 24. 25. 26. 27. 28. 29. 30. 31. 32. substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. The Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). 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 Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer sha11 submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. AJJ lighting (including reflected sunlight) shall be design~d to reflect downward and avoid any impacts on adjacent property, including Interstate-5. Compact parking spaces shall be located in large groups, and in locations clearly marked to the satisfaction of the Planning Director. Developer shall construct, install, and stripe not less than the required number of parking spaces, as shown on Exhibits "A" -"NN." The denloper shall submit and obtain Planning Director approval of a sign program for the proje~t showing conformance with the City of Carlsbad Sign Ordinance and the Commercial/Visitor-Serving Overlay Zone. All signs shall be constructed and installed in accordance with the approved sign program. The Developer shall be required to obtain a Clean Water Act Section 404 Nationwide Permit for the temporary impact to 0.053-acres of non-wetland waters of the United States for the replacement of an existing concrete-lined channel with an underground box-culvert. Prior to the issuance of a grading permit, Developer shall provide proof to the Planning Director of the issuance of said permit. The developer shall be required to obtain a 401 Certification or Waiver of Certification from the California Regional Water Quality Control Board for the replacement of an existing concrete-lined channel with an underground box-culvert. Prior to the issuance of a grading permit, the developer shall provide proof to the Planning Director of the issuance of said certificate or waiver. PC RESO NO. 6436 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 33. 34. 35: 36. Prior to commencement of grading, the developer shall enter into a pre-excavation agreement with a representative of the San Luis Rey Band of Mission Indians. The purpose of this agreement wiJJ be to establish the requirement of tribal monitoring and to formalize procedures for the treatment of Native American human remains and burial, ceremonial, or cultural items that may be uncovered during any ground disturbance activities. Prior to issuance of a grading permit, the project developer shall retain the services of a qualified archeologist to monitor all ground disturbing activities. The applicant shall provide verification that a qualified archeologist has been retained, and verification shall be documented by a letter from the applicant and the archeologist to the PJanning Director. • A qualified archeologist shall be present at the pre-construction meeting to consult with the grading and excavation contractors. In the event that any cultural resources, concentration of artifacts, or culturally modified soil deposits are discovered within the project area at any time during construction, the archeological monitor shall be empowered to suspend work in the immediate area of the discovery until such time as a data recovery plan can be developed and implemented. The discovery of any resource shalJ be reported to the City of Carlsbad Planning Director prior to any evaluation testing. If any deposits are evaluated as significant under CEQA, mitigation may be required as recommended by the qualified archeologist. • • Code Reminders: 37. 38. 39. 40. 41. 42. 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. 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 18.04.320. Any signs proposed for this development shall at a minimum be designed in conformance with the Commercial/Visitor-Serving Overlay Zone and the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. PC RESO NO. 6436 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, . zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on July 16, 2008 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Boddy, Dominguez, Douglas, Montgomery, and Chairperson Whitton Commissioner Cardosa NK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DONNED Planning Director PC RESONO. 6436 -11- I 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. 6437 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A COASTAL DEVELOPMENT PERMIT TO CONSTRUCT A 7,511 SQUARE FOOT STAND ALONE RESTAURANT, A 44,391 SQUARE FOOT COMMERCIAL RETAIL CENTER, AND A VACANT PAD FOR A FUTURE STAND ALONE RESTAURANT ON A 6.96 ACRE PARCEL GENERALLY LOCATED ON THE WEST SIDE OF PASEO DEL NORTE, NORTH OF KING'S FISH HOUSE, SOUTH OF CAR COUNTRY DRNE, AND EAST OF THE INTERSTATE 5 FREEWAY, WITHIN THE MELLO II SEGMENT OF THE LOCAL COAST AL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: CARLSBAD PASEO CASE NO.: CDP 07-07 WHEREAS, Strategic Property Advisors, Inc., "Developer," has filed a verified application with the City of Carlsbad regarding property owned by CPT/SC Title Holding Corporation, "Owner," described as Portions of Parcel 2 and 3 of Parcel Map No. 11284, filed in the Office of the County Recorder of San Diego County, May 11, 1981 and lot 4 of Carlsbad Tract No. 92-7 (Carlsbad Ranch Unit 1 And Unit 2), according to map thereof No. 13078, filed in the Office of the County Recorder of San Diego County, December 28, 1993, all in the City of Carlsbad, County of San Diego, State of California, more particularly described as follows: Beginning at the northeasterly corner of said Parcel 3, said corner being the most northerly corner of said Lot 4, said corner being the point of beginning; thence southerly along the easterly line of said Lot 4, south 22°29'26" east (south 22°29'26" east per said Map No. 13078) 925.00 feet to the beginning of a tangent curve concave northeasterly having a radius of 557.00 feet; thence southeasterly along said curve through a central angle of 11°20'36" a distance of 110.27 feet to a point on said easterly line, a radial through said point bears south 56°09'58" west; thence leaving said easterly line south 55°50'26" west 343. 71 feet to the westerly line of said Parcel 2; thence northwesterly along the westerly line of said Parcels 2 and 3, north 26°48'03" west (north 26°47'14" west per said Parcel Map 11284) 738.65 feet to an angle point corner of said Parcel 3; thence continuing along said westerly line north 25°12'24" west 300.01 feet (north 25°11 '47" west 300.01 feet per said parcel map) to an angle point corner of said parcel map; thence continuing along said westerly line north 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°15'29" west 68.05 feet (north 26°15'48" west 68.03 feet per said parcel map) to the northwest corner of said Parcel 3 of said parcel map; thence easterly along the northerly line of said Parcel 3, north 67°31 '12" east 399.93 feet (north 67°31 '17" east 400.00 feet per said parcel map) to the point of beginning. Said land is also described as Parcel A in that certain Certificate of Compliance for Adjustment Plat, dated October 1, 2002, and recorded October 18, 2002, as Document No. 2002- 0913260, Official Records of San Diego County, California. ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits "A" -"NN" dated July 16, 2008, on file in the Planning Department, CARLSBAD PASEO -CDP 07-07, as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on July 16, 2008, 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, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CDP. 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 based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CARLSBAD PASEO -CDP 07-07 based on the following findings and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program and all applicable policies in that the proposed uses are consistent with the Travel Service (TS) LCP Land Use designation; there is no historic • evidence of agricultural use of the property; the development does not obstruct views of the coastline as seen from any public lands or public rights-of- way; the project is consistent with the City of Carlsbad's HMP, which has been PC RESO NO. 6437 -2- 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 2. 3. 4. developed so as to implement and be consistent with all provisions of the LCP; the project has been designed to reduce the amount of runoff to the maximum extent practicable, utilizes Low Impact Design (LID), and has been conditioned to implement the National Pollution Discharge Elimination System (NPDES) standards; and the site is geologically stable. The proposal is in confonnity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the site is located on the east side of the first public street and no coastal access areas or water-oriented recreational activities exist on or near the project site. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Stonn Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 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 shall be satisfied prior to issuance of a grading permit or building permit, whichever occurs first. 2. 3. If any of the following conditions fail to occur, or if they are, by their tenns, 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 pennits; 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 Coastal Development Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as necessary to make them internally consistent and in confonnity 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 pennit issuance. PC RESO NO. 6437 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. 6. 7. 8. 9. 10. 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 detennined to be invalid, this approval shall be invalid unless the City Council detennines that the project without the condition complies with all requirements of law. 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 Coastal Development Permit, (b) City's approval or issuance of any pennit 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 approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and CUP 07-03 and is subject to . al1 conditions contained in Planning Commission Resolutions No. 6435 and 6436 for those other approvals incorporated herein by reference. This approval is granted subject to the approval of the Minor Subdivision (MS 07-02) and is subject to all conditions contained in the City Engineer's approval letter for this other approval incorporated herein by reference. Developer shall implement, or cause the implementation of, the CARLSBAD PASEO - CUP 07-03/CDP 07-07/MS 07-02 Project Mitigation Monitoring and Reporting Program. The applicant shall apply for and be issued building permits for this project within two (2) years of approval or this coastal development permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. 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." PC RESO NO. 6437 -4- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 You have 90 days from date. of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other' similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE simi1ar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on July 16, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Boddy, Dominguez, Douglas, Montgomery, and Chairpe.i;son Whitton Commissioner Cardosa fFRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6437 -5-