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Home My WebLink AboutCT 00-20; Fox Miller Property Part I; Tentative Map (CT)^ CITY OF CARLSBAD ^ LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECKBOXES) • • • • • (FOR DEPARTIVIENT USE ONLY) m • • • • Administrative Permit - 2nd Dwelling Unit Administrative Variance Coastal Development Permit Conditional Use Permit Condominium Permit Environmental Impact Assessment General Pian Amendment Hillside Development Permit Local Coastal Plan Amendment Master Plan Non-Residential Planned Development Planned Development Permit n(7-^ • • • • • • • • Planned Industrial Permit Pianning Commission Determination Precise Development Plan Redevelopment Permit Site Development Plan Special Use Permit Specific Plan Tcntotivc Parcel Mop Obtain from Engineering Department Tentative Tract Map Variance Zone Change List other applications not specified (FOR DEPARTMENT USE ONLY) 00'O-^ 00-/0 oo-zv W'07 2) ASSESSOR PARCEL NO(S).: 3) PROJECT NAME: 4) BRIEF DESCRIPTION OF PROJECT: 4 "PLAlOMgP vD'DUSmiAC LOTS ?Li;s> g^gu- 5) OWNER NAME (Print or Type) (aJoi^j)©^ 6. f^6>X-Se^ pgAo e-. j/nAak.p.^£ Ooss A. »tiit.Lei2. ei^ 6) APPLICANT NAME (Print or Type) MAILING ADDRESS /\lT£K>noA) "PCMU £. MiL.-Le.llZ, MAILING ADDRESS CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. / 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNAfljRE 0£AO e. m I t-l^R, DATE SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION fg>\ig . LcT ' If^AiDeHo /d^tfi^ VfetXPUtx^ - H^fijf ^"^1 NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED. MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 PAGE 1 OF 3 8) LOCATION OF PROJECT ON THE BETWEEN STREET ADDRESS SIDE OF (NORTH, SOUTH, EAST, WEST) AND (NAME OF STREET) ^AtHiAJQ (llZAi-. (NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING 54^ 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 17) PROPOSED INCREASE IN ADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING l8oo OA 12) PROPOSED NUMBER OF RESiDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION Pt OS 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTiRY FOR TWfS PURPOSE SIGNWURE^PgMiU 6-. FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED TOTAL FEE REQUIRED iciaa ONiNNVid avasiyvo do AIIO 0002 . i : DATE STAMP a3AI3p3H •AMP APPLrcATI ION RECEIVED RECEIVED BY: DATE FEE PAID in p 00 RECEIPT NO. Form 16 PAGE 2 OF 3 City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part ofthe City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnersfai|), joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, s>Tidicate, in this and any other county, ©ity and-^jountyj ci^ municipality, district or o&er political subdivision or any oQier ^oup or combination acting as a umt" Agents may sign this document; however, the legal name and entity or the applicant and-property owner must be proyidedbelow. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETO. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the - names, title, addresses of all individuals owning more than 10% of the shares.-IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHAKES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Title V^t'ce. py^S.'^Wf CA&v;S^D /^JK4it<// (^^k^jLCC. Corp/Part t>tj Fft>^-Wt GDw.p«uuj yKa»«^ Title '^Ccfc fv^soii^d' A Address <r/hA> Di^^o^CA. '^Z/£>S?' Address "7 5"g)g> Me-4ve|>DlJ'UM \>J. si^ OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF IHE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation, include the names, titles, and addresses ofthe corporate officers. (A separate page may be attached if necessary.) l^euToA) CAe-Lsej^o &MTieA'^<^i^ cis.^mtt.,LC<:. Person Corp/Part^t| tU^^. FevrW Cb>^&^ ^ >K<L/H^^^ Title Address Title ^ Address ni ^/^ o . CA. °i t- CDc^Wfiv^ coC"VL v>*.*ve "V^y^ [O^ uL~W©sV-". 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 NON-PROFIT ^bANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title__ Address Address Have you had more than $250 worth of business transacted wath any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? I I Yes 2 No Ifyes, please indicate person(s):. NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. ^^Sjglnature^i/o\mer/d&te Signature oT^hcant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or tjqje name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 City of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92008 Applicant: LADWIG DESIGN GROUP, INC Description CT0020X1 Amount 3,180.78 Receipt Number: R0043801 Transaction Date: 07/16/2004 Pay Type Method Description Amount Payment Check 020079 1,900.00 Payment Check 020083 1,135.00 Payment Credit Crd VISA 4264 2904 145.78 Transaction Amount: 3,180.78 6819 07/16/04 0002 01 02 COP 3180 ..00 6820 07/16/04 0002 01 02 CGP 0..78 NOTE ADDITIONAL FEES. STATE DEPARTMENT OF FISH & GAME Cities and Counties throughout California has been notified of legislation (AB 3158, Chapter 1706, Statutes of 1990) which became effective on January 1, 1991. This law requires the State of California Department of Fish and Game to levy a fee to all project applicants (public and private) subject to the California Environmental Quality Act (CEQA) to defray the cost of managing and protecting fish and wildlife trust resources. Projects which are categorically exempt from CEQA and which have no adverse impact on fish and wildlife or projects which are denied, are not subject to the fee. All other projects are subject to the following fees: Projects with Negative Declarations Projects with EIRs $875. Due to State Law constraints the City of Carlsbad will collect the fee where applicable and pass it to the County of San Diego. After submission, the City of Carlsbad Planning Department will make an Environmental Assessment of your application. After this initial assessment the Planning Department will notify you if the fee is required. State Department of Fish and Game P.O. Box 944209 Sacramento CA 94244-2090 (916) 445-3531 Check Payable to: County Clerk County of San Diego Mailstop 833 Attn Wendy PO Box 121750 San Diego CA 92112-1750 AMOUNT: ACCOUNT NO; ^01 Q ^-^""^ P.O. NO. yf APPROvmBY -^f^y"''- , , Taxable / Sale* Tax On Invoice (If no, MDd kivolc* to Fnnnce) .Yes. Fox/Miller Property GPA 00-05/ZC 00-07/CT 00-20/PIP 00-02/ HDP 00-11/SUP 00-10 GREGORY a. '^MITH ASSESSOR/RECQRI«R/CO0NTY CLERK 1 oOC; •m?Jfkmi ROOM 260 „ f OIEGO, CA 92101 r ' (619)237-0502 DATf . 11/14/2002 p THU OOCfe* •-111371 1 FISHiGAI^ NDEC ' ' ' ' $1250.00 1 F4G FfLING FEE $25.00 ^ T o T At:.'' : V'''^.t !27 5. qo : '-CHEip ' ^ \ "ini%.m NO.000104 REG 03 RECORDS MAIN TIME 14:36 VISIT ClUR:WEB SITE - FORMS - INFORMATiON - ON-LINE SALES (SEE REVERSE:SIDE FOR OFFICE LOCATIONS) THANK YOU City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: LADWIG DESIGN GROUP, INC Description CT000020 Amount 9'm 10/25/02 0002 01 02 CGF" .1275 ..00 1,275.00 Receipt Number: R0030538 Transaction Date: 10/25/2002 Pay Type Method Description Amount Payment Check 1410 1,275.00 Transaction Amount: 1,275.00 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: LADWIG DESIGN GROUP, INC Set Id: S000000485 Description CT000020 GPA00005 HDPOOOll PIP00002 SUPOOOlO ZC000007 Total; Amount 5,930.00 3,680.00 1,207.50 2,780.00 2,090.00 2,977.50 18,665.00 Receipt Number: R0015808 Transaction Date: 10/17/2000 Pay Type Method Payment Check Description Amount 6210 18,665.00 Transaction Amount: 18,665.00 L-1054 10/10/00 PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: FOX-MILLER APPLICANT NAME: GoriJon B. Fox and Dean. Ross & Mark Miller Please (describe fully the proposecJ project. Inclu(de any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation. Background Carlsbad is a city with a population of approximately 82,000 people. The City is located along the northern coast of San Diego County, 30 miles north of downtown San Diego. It is bordered to the north by the City of Oceanside, to the south by the City of Encinitas, on the east by the Cities of Vista and San Marcos, and on the west by the Pacific Ocean. Carlsbad has a combination of industrial, commercial, and resi(dential development including a large regional shopping center, an auto retail center, a large industrial park, Legoland California Educational Park, and a regional airport. The City contains three lagoons, extensive agricultural areas, and large tracts of undeveloped land and significant natural open space. The total area ofthe City of Carlsbad is approximately 40 sq. miles. Project Location and Description The Fox-Miller property lies in the northwest quadrant of the City of Carlsbad, north of Palomar Airport Road and west of El Camino Real between College Blvd. and Faraday Avenue within Local Facilities Management Zone 5. The current General Plan designation forthe property is unplanned area (UA) and open space. The zoning is LC. This proposal includes a General Plan amendment and zone change to industrial uses and open space. Access to the property will be from the extension of Salk Avenue from its existing terminus east of College Blvd. to El Camino Real. At the intersection of El Camino Real with Salk Avenue, there will only be right turns in and out of the project In addition to the Tentative Map application, and General Plan amendment and Zone change applications, the application also includes a Hillside Development Permit and Special Use Permit for a scenic corridor of El Camino Real. The northwesterly 40% more or less of the property with frontage along El Camino Real will remain undeveloped in its current natural state. The major grading along El Camino Real will start where El Camino Real was widened when the County developed El Camino Real in the 1960's. This portion of El Camino Real will be developed from that point southerly to our south property line. Fox-Miller Property Page 1 The large existing cut face which is approximately a 1-to-1 slope will be moved back and graded at a 1 /4-to-1 slope with about 20 to 25 feet of space between the toe of slope and the property line needed for adequate site distance. The 1>2-to1 slope is being proposed to limit the amount of grading and to also limit the amount of impact at the top ofthe slope to a sensitive plant (thread-leaved brodiaea). The 53+ acre site will be developed into four industrial pads ranging in size from 3.5 acres for Lot 1; 7.2 acres for Lot 2; 5.1 acres for Lot 3; and 6.6 acres for Lot 4. The existing General Plan open space on the project is just under 5 acres and our proposal will increase the total to over 20 acres of which over 17 acres are natural slopes. The grading for this project is 500,000 cubic yards which equates to 13,700 cubic yards per acres over 3672 graded acres. This is a non-residential development and is exempt from grading volumes and slope height requirements specified in the Carlsbad Hillside Ordinance. This project has gone through the "hardline" determination process with the City, the U.S. Fish and Wildlife Service, and State Fish and Game. The current draft ofthe HMP shows "hardlines" that have been approved at the staff level and are reflected in the attached plan. Eighty percent ofthe thread-leaf brodiaea is being protected in place on the property. Some impacts to coastal sage scrub and native grasslands will occur as part of the development, and Recon, our environmental consultant, has prepared a biological inventory along with an impact analysis to address project impacts. In addition, Recon has prepared a mitigation plan which is attached to the project. WPA Traffic Engineering has prepared a traffic impact analysis and has determined that the project will generate a daily traffic volume of 1800 trips. No off-site traffic mitigation is required. We have consulted with the San Diego Natural History Museum and the site is expected to contain significant paleontological resources. With this in mind, we are proposing that a series of small pockets of 4-foot high vertical slopes at the toe of the slope along El Camino Real in the area ofthe large cuts will be left exposed and unlandscaped and will serve as a classroom setting for students interested in examining the marine layers that will be exposed. Dr. Tom Demere from the Museum has attached a letter describing the resources on the property. We think this is a unique site and should be made available to the public in areas described above. Our landscape architect, ADL Planning & Associates, has attached a series of exhibits that address the requirements ofthe scenic corridor for El Camino Real. The project is located in Area 4 that runs from College Boulevard on the north to south of Palomar Airport Road. Area 4 is anticipated to be an area that should have a first-rate business research service complex image. The project as proposed with significant open space and large setbacks is intended to meet this standard. In addition with the large parcels the campus look as anticipated in the corridor standards could be created. Deviation to El Camino Real Standards The grading section ofthe corridor standards cannot be met within the setback areas as identified. The standard does identify that earthwork outside the setback may exceed this Fox-Miller Property Page 2 amount in isolated areas as a result of extreme localized topographic conditions. We meet that standard both in the vertical cuts that were established by the County when El Camino Real was previously widened and also the fact that Letterbox Canyon comes up to the edge of El Camino Real. El Camino Real standards indicate that deviations to the standards may be approved by the Planning Commission if they make four findings. Those findings are: A. Maintaining the minimum grading height within the setback is not feasible because of the extreme variation in the natural topography. B. The scenic qualities of the corridor will continue to be maintained even though the standard is not met. A significant portion ofthe property (approximately 40%) ofthe frontage on El Camino Real will remain in its natural un-developed state. C. The project as designed meets the City's traffic safety standards including adequate site distance. In addition, a median break is not proposed in El Camino Real and only right in and right out movements are shown. A median break was considered but the distance between College Boulevard and Faraday Avenue is not long enough based on City standards to allow a full median break at the mid-point. D. With the preservation of significant frontage to remain in natural open space, we feel the intent of the preservation overlay zone has been met. Summary This application has been prepared in conformance with all the regulations of the City of Carlsbad. No variances are requested and the findings are being proposed to address the scenic corridor. The City's General Plan and zoning ordinances are being amended as part of this project to conform to the surrounding properties. This project could be called and infill project in that the property is developed on all sides. We will be preserving significant natural areas, including preserving 80% of the thread-leaved Brodiaes in place, and offering a unique educational opportunity to view paleontological resources along El Camino Real. Fox-Miller Property Page 3 City of Carlsbad Planning Department DISCLOSURE STATEJMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of applicafion submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venting, association, social club, fratemal organization, corporation, estate, trust, receiver, syndicate, in Uiis and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit" Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide tlie COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of tlie shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person, Titie Corp/Part_ Title Address Address OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved.. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLlCABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person l9g/l-k) g. mtl^^g^ Corp/Part Title (PU^L)g:ie_ title Address CDAP. Address 2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 ® NON-PROFIT oJfc^NIZATION OR TRUST ^ If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust. list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. s Non Profit/Trust Non Profit/Trust Title Title Address > Address 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions. Committees and/or Council within the past twelve (12) months? j I Yes -{^ No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. 1 certify that all the above information is true and correct to the best of my knowledge. Signature of owner/date Signature of applicant/date Print or type name of owner Print or type name of appiicant -^^UWT^.^^^ r//r/oo Signature of owner/applicant's^j^nt if applicable/date Print or type name of owTier/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 RECEIVED QCT 1 7 2000 CITY OF CARLSBAD PLANNING DEPT. Citv of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on ail applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of applicafion submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fratemal organisation, corporation, estate, tmst, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person, Title Corp/Part„ Title Address Address OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved.. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ^Qt^DoM »4 • Pip)C Corp/Part , Title OU^t)g:i^ i-itle Address \Soo \hfic hOl^O Address. PAU>S Veie.P£^ t^Tm%0\ ^0 214- 2075 Las Palmas Dr. • Carlsbad. CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 ® NON-PROFIT OI^^NIZATION OR TRUST ^ If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary ofthe. Non Profit/Trust Non Profit/Trust Title Title Address Address Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions. Committees and/or Council within the past twelve (12) months? I I Yes ^ No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. 1 certify that all the above information is true and correct to the best of my knowledge. Signature of owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant /J ioo signature of owner/appiicant'^gent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 RECeWED OF CARLSBAD "PLANNING DEPT. City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of applicafion submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any odier county, city and county, city municipality, district or other political subdivision or any odier group or combuiation actmg as a unit" Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals ovming more than 10% of tiie shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person. Title_ Corp/Part_ Title Address Address OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. • Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person tg<9<SS A- Ml UUdiL Title Corp/Part_ title Address ^/O 0£A0 6.lA4/i^6g^ Address. 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 ® NON-PROFIT OUTANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust_ Title Non Profit/Trust. Title Address Address Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions. Committees and/or Council within the past twelve (12) months? I I Yes -pQjjo If yes, please indicate person(s): ^ NOTE: Attach additional sheets if necessary. 1 certily that all the above information is true and correct to the best of my knowledge. ure of owner/date A M Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agenWii applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 RECEIVED L-l- j 1 7 2000 CITY OF CARLSBAD PLANNING DEPT. City of Carlsbad Planning Departnnent 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 foliowing information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person, Title Corp/Part_ Titie Address Address OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. • Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Q.£>ST f^- M\ L-te/g Title /A A-AJ/V-ta-arA^ AA^B UL^ Address tt % M \ W/OgcH- Address Corp/Part KV1'^'«^AJ iiicA^lj , LCO Title 2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 NON-PROFIT OI^f^IZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions. Committees and/or Council within the past twelve (12) months? I j Yes ^3^0 If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. S ignature of owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's a^ent if applicable/date UAOf^iC^ /O^s/C/U QAouP, /AJc Print or type name of owner/applicant's agent H:ADMIN\C0UNTER\D1SCL0SURE STATEMENT 5/98 Page 2 of 2 City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of applicafion submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any uidividual, firm, co-partnership, joint venture, association, social club, fratemal organization, coqraration, estate, tmst, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part . Title Title Address Address 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. • Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person F. U\Li^(L Corp/Part. Title OkU^Jl^ title Address 9^ D£^^ £• MlL^t^ Address_ 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 ^ J. NON-PROFIT OMANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary ofthe. Non Profit/Trust Non Profit/Trust Title Thle Address Address. 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions. Committees and/or Council within the past twelve (12) months? I [ Yes No If yes, please indicate person(s):, NOTE: Attach additional sheets if necessary. 1 certify that all the above information is true and correct to the best of my knowledge. Si'gttat'ure of owner/date ^^(^p: fP{JU^ Signature of applicant/date )M^I< Mi L^L£ll Print or type name of owner Print or type name of applicant Signature of owner/applicant's agenfif applicable/date U/^u/c{ ^£S/^AJ //Oc Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 RECEIVED OCT 1 7 2000 CITY OF CARLSBAD PLANNING DEPT. City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defmed as "Any mdividual, firm, co-partnership, joint ventare, association, social club, fratemal organization, corporation, estate, Uiist, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. I. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part Title Title Address Address OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person *7'O^A-A> ^ . /H y >^c^€-1fl. Corp/Part N^\'S%{Ti*^ ^ t,UC Title {0^(0 <^Mti^rtO<-Vg>2, Title Address^ 1^1 f> /HI Tr^^W (?6tf ^^PAddress 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 ^ NON-PROFIT ORIUNIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions. Committees and/or Council within the past twelve (12) months? Q Yes [^No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. 1 certify that all the above information is true and correct to the best of my knowledge. Signature of owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 Citv of Carlsbad Planning Department HAZARDOUS WASTE AND SUBSTANCES STATJ^MENT Consultation Of Lists of Sites Related To Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of Califomia Govemment Code Section 65962.5,1 have consulted the Hazardous Wastes and Substances Sites List compiled by the Califomia Enviromnental Protection Agency and hereby certify that (check one): The development project and any altematives proposed in this appUcation are not contained on the lists compiled pursuant to Section 65962.5 ofthe State Govemment Code. • I I The development project and any altematives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Govemment Code. APPLICANT PROPERTY OWNER Name: "df^j^S-ifiT C U^o^i^C, Name:^^ PgAWU (z^.Mi L-Up.^- c^Af, Address: I'^'i fAL^Oi^^ A-HfLfo^T Address: I ig-A^rg^^Pyz-t S£ fc, Phone Number: I^O-4-1?-'^IPhone Nmnber: - ?4-^ - 4-3^^ Address ofSite: \x}. 'Sl'PgL <9 P C^i^it^t> pgAc- GT^ CoUJEHl^ Sf^^/^Y Local Agency (City and Countv): CAfi-L^j^^D - l>tg«^o Co^/^tr Assessor's book, page, and parcel number: 'Zj'L.--(P*?^ -Z-? Specify list(s): C ['^j. LV^T Regulatory Identification Number: Date of List: A^f^^^ . Atmlicant Sisnature/Date 7 Applicant Signattu-e/Date / Property Owmer Signature/Date Admin/Counter/HazWaste . U-(0^^ 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 ^ CITY LIST 04/15/98 STATE OF CALIFORNIA HAZARDOUS WASTE AND SUBSTANCES SITES LIST DTSC FACILITY INVENTORY DATA BASE HAZARDOUS WASTE AND SUBSTANCES SITES LIST PGM: CALEPA5 PAGE 37 SORT BY CITY. ST NAME, ST NBR STREET NBR STREET NAME CITY ZIP FACILITY NAME CO REG BY - REG ID 5600 AVENIDA ENCINAS CARLSBAD 920080000 UNISYS CARLSBAD 37 WBC&O 9 000084N94 1044 CARLSBAO VILLAGE CARLSBAD 92008 CHEVRON SERVICE STATION 37 LTNKA BUT 1000 1044 CARLSBAD VILLAGE CARLSBAD 92008 CARLSBAD CHEVRON 37 LTNKA 9UT2801 571 CARLSBAD VILLAGE CARLSBAD 93164 ITT CONTINENTAL BAKING C 37 LTNKA 9UT2611 920 CARLSBAD VILLAGE CARLSBAD 92008 GASCO SERVICE STATION 37 LTNKA 9UT2724 2100 COSTA DEL MAR CARLSBAD 92009 LA COSTA HOTEL &.SPA 37 LTNKA 9UT242 2500 EL CAMINO REAL CARLSBAD 92008 CHEVRON SERVICE STATION # 37 LTNKA 9UT685 2545 EL CAMINO REAL CARLSBAD FIRESTONE 37 LTNKA 9UT1813 2545 EL CAMINO REAL CARLSBAD J.C.PENNYS AUTO CENTER 37 LTNKA 9UT117 2590 EL CAMINO REAL CARLSBAO 9200B SHELL OIL SERVICE STATION 37 LTNKA gUT2241 7654 EL CAMINO REAL CARLSBAD 92008 WALTS ARCO SERVICE STATIO 37 LTNKA 9UT1503 3701 HAYMAR CARLSBAD 920080000 SOUTH COAST MATERIALS 37 LTNKA gUT3452 405 OAK CARLSBAD 92008 PUBLIC WORKS YARD 37 LTNKA 9UT1950 2160 PALOMAR AIRPORT CARLSBAO 920080000 PALOMAR AIRPORT 37 LTNKA 9UT2041 2210 PALOMAR AIRPORT CARLSBAD 92008 MCCLELLAN-PALOMAR AIRPORT 3? LTNKA 9UT2227 2210 PALOMAR AIRPORT CARLSBAD 92008 FLIGHT INTERNATIONAL 37 LTNKA 9UT846 850 PALOMAR AIRPORT CARLSBAO 92008 PEASOUP ANDERSON/UNION S/ 37 LTNKA gUT394 850 PALOMAR AIRPORT CARLSBAD 92008 CARLSBAD PROPERTIES, LTD" 37 LTNKA 9UT1953 899 PALOMAR AIRPORT CARLSBAD MOBIL OIL STATION 37 LTNKA 9UT149B 5335 PASEO DEL NORTE CARLSBAD 92008 WESELOH CHEVROLET 37 LTNKA 9UT1183 5434 PASEO DEL NORTE CARLSBAD 920080000 NORTH COUNTY LINCOLN MERC 37 LTNKA gUT3254 801 PINE CARLSBAD 92008 CARLSBAD UNIFIED SCHOOL 37 LTNKA 9UT1080 2615 STATE CARLSBAD 9200B0000 PAUL'S AUTOMOTIVE 37 LTNKAV 9UT3043 2779 STATE CARLSBAD 92008 NORTH COUNTY TRANSIT 37 LTNKA 9UT3065 April, 1998 4 RECEIVED rCT U 2000 ;iTY OF CARLSBAD 'PLANNING DEPT. CHICAGO TITLE COMPANY PRELIMINARY REPORT FIRST AMENDED Dated as of: August 16, 2000 at 7:30 AM Reference: FOX/MILLER PROPERTY ^^°^_j^yQ AlW®"" '" OOOZ I \ 120 CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or Interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms are available upon request. Please read the exceptions shown or referred to In Schedule B and the exceptions and exclusions set forth In the attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It Is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY Visit Us On Ttie Web: westerndivision.ctt.com Title Department: CHICAGO TITLE COMPANY 925"B" STREET SAN DIEGO, CA. 92101 (619)544-6233 fax: (619)544-6279 ® TOM VOTEL / KEN CYR RECEIVED TITLE OFFICER AUG 2 ^: ^ LADWIG OESiSN 6R PFP -<18/05/99bk SCHEDULE A OrderNo: 203056106 USO YourRef: FOX/MILLER PROPERTY 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: MISSION BEACH, L.L.C, A WASHINGTON LIMITED LIABILITY COMPANY, AN UNDIVIDED 1/6 INTEREST; MARK F. MILLER, AN UNDIVIDED 1/6 INTEREST; DEAN E. MILLER, AN UNDIVIDED 1/6 INTEREST; GORDON B. FOX, A WIDOWER AN UNDIVIDED 50% INTEREST 3. The land referred to in this report is situated in the State of California, County of SAN DIEGO and is described as follows: SEE ATTACHED DESCRIPTION PREA -10/3V97bk Page 1 DESCRIPTION OrderNo. 203066106 THAT PORTION OF LOT "F" OF RANCHO AGUA HEDIONDA, COUNTY OF SAN DIEGO, State of California, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF THE COUNTY ROAD, KNOWN AS EL CAMINO REAL, SURVEY NO. 682, SHEET 3 THEREOF, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED JANUARY 5, 1938 IN BOOK 743, PAGE 64 OF OFFICIAL RECORDS, SAID POINT BEING ALSO THE CENTER POINT OF A 4 BY 4 CONCRETE BOX CULVERT ACCURATELY LOCATED AND STATIONED 150 PLUS 28.97 ON THE CENTER LINE OF SAID COUNTY ROAD, SAID POINT ALSO BEING NORTH 79° 37' 20" WEST, A DISTANCE OF 1011.60 FEET FROM THE PROPERTY LINE ANGLE POINT NO. 8 OF LOT "B" OF RANCHO AGUA HEDIONDA, RECORD OF SURVEY MAP NO. 517, SAID POINT OF BEGINNING BEING THE NORTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO VISTA BRICK COMPANY, RECORDED FEBRUARY 1, 1960, AS FILE NO. 2 048 5; THENCE ALONG THE NORTHERLY LINE OF SAID LAND AND THE PROLONGATION THEREOF, BEING ALONG SAID CENTER LINE OF EL CAMINO REAL, SOUTH 75° 00' 00" EAST 675.10 FEET TO A POINT ON A LINE WHICH IS PARALLEL WITH AND 325.00 FEET EASTERLY, AT RIGHT ANGLES, FROM THE EASTERLY LINE OF SAID VISTA BRICK COMPANY LAND, BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE SOUTH 00° 32' 00" EAST, 1336.95 FEET; THENCE SOUTH 27° 50' 90" EAST, 827.10 FEET; ^ THENCE NORTH 68° 00' 00" EAST, 1428.00 FEET TO SAID CENTER LINE OF EL CAMINO REAL; THENCE ALONG SAID CENTER LINE AS FOLLOWS: NORTH 21° 47' 00" WEST, 97 0.78 FEET, MORE OR LESS, TO THE BEGINNING OF A TANGENT CIFRVE CONCAVE SOOTHWESTERLY HAVING A RADIUS OF 400.00 FEET NORTHWESTERLY ALONG SAID CURVE 409.22 FEET THROUGH AN ANGLE OF 58° 37' 00"; THENCE TANGENT TO SAID CURVE NORTH 80° 24' 00" WEST, 313.60 FEET TO THE BEGINNING OF A TANGENT CUR\'E CONCAVE NORTHEASTERLY HAVING A RADIUS OF 500.00 FEET; NORTHWESTERLY ALONG SAID CURVE 237.95 FEET THROUGH AN ANGLE OF 27° 16' 00"; TANGENT TO SAID CUELVE NORTH 53° 08' 00" WEST 13 8.36 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 6 00.00 FEET; NORTHWESTERLY ALONG SAID CURVE 228.99 FEET THROUGH AN ANGLE OF 21° 52' 00" AND TANGENT TO SAID CURVE NORTH 75° 00' 00" WEST, 340.43 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THOSE PORTIONS OF SAID LOT "F" WHICH LIE NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE ABOVE DESCRIBED LAND, EASTERLY OF THE WESTERLY LINE OF SAID LAND AND THE NORTHERLY PROLONGATION THEREOF, AND NORTHWESTERLY OF THE SOUTHEASTERLY LINE OF SAID LAND AND THE NORTHEASTERLY PROLONGATION THEREOF. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE COMMON BOUNDARY LINE OF SAID LOTS "F" AND "B" WHICH POINT IS 66.50 FEET NORTHERLY ALONG SAID BOUNDARY LINE FROM THAT BOUNDARY ANGLE DESIGNATED AS BOTH POINT 18 OF LOT "G" AND POINT 5 OF LOT "B" ON MAP 823; THENCE SOUTH 68° 00' 00" WEST A DISTANCE OF 465.60 FEET; THENCE AT RIGHT ANGLES NORTH 22° 00' 00" WEST, A DISTANCE OF 100.00 FEET; THENCE NORTH 68° 00' 00" EAST TO AN INTERSECTION WITH THE COMMON BOUNDARY OF LOTS "F" AND "B"; THENCE SOUTHERLY ALONG SAID COMMON BOUNDARY TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN PARCEL 68443-A OF DEED TO THE COUNTY OF SAN DIEGO RECORDED NOVEMBER 24, 1969 AS FILE NO. 214743. SCHEDULE B Page 1 OrderNo: 203066106 U50 YourRef: FOX/MILLER PROPERTY At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 2000-2001 THAT ARE A LIEN NOT YET DUE. B 2. INTENTIONALLY OMITTED. 3. THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 OR PART 2, CHAPTER 3, ARTICLES 3 AND 4 RESPECTIVELY (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA AS A RESULT OF THE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A; OR AS A RESULT OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO DATE OF POLICY. 4. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: COUNTY OF SAN DIEGO PUBLIC HIGHWAY JANUARY 5, 1938 IN BOOK 743, PAGE 64, AND IN BOOK 727, PAGE 441, BOTH, OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. SAID INSTRUMENT ADDITIONALLY CONTAINS THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE ABOVE DESCRIBED RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. 5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: COUNTY OF SAN DIEGO PUBLIC ROAD AUGUST 21, 1940 IN BOOK 1054, PAGE 360, OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. SAID INSTRUMENT ADDITIONALLY CONTAINS THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE ABOVE DESCRIBED RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. PREB -10/31/97bk Page 2 OrderNo: 203066106 U50 SCHEDULE B (continued) YourRef: FOX/MILLER PROPERTY 6. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF ROAD SUl^VEY NO. 1800-1 WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID HIGHWAY AS CONTAINED IN THE DEED RECORDED NOVEMBER 24, 1969 AS FILE NO. 214743, OFFICIAL RECORDS. 7. AN UNRECORDED LEASE WITH CERTAIN TERMS, COVENANTS, CONDITIONS AND PROVISIONS SET FORTH THEREIN LESSOR: LESSEE: DISCLOSED BY: RECORDED: MISSION DIEGO ASSOCIATES, A WASHINGTON LIMITED PARTNERSHIP AND GORDON AND JULIANA FOX EL CAMINO RENTAL AND GRAJDING NOTICE NON-REPONSIBILITY DECEMBER 14, 1989 AS FILE NO. 89-677478, OFFICIAL RECORDS 8. ANY ASSESSMENTS WHICH MAY BE LEVIED AGAINST THE HEREIN DESCRIBED PROPERTY, AS DISCLOSED BY A FILED MAP OF THE COMMUNITY FACILITIES DISTRICT; DISTRICT AGENCY RECORDED COMMUNITY FACILITIES DISTRICT NO. 1 CITY OF CARLSBAD DECEMBER 19, 1990, AS FILE NO. 90-0674118 9. THE COMMUNITY INTEREST OF THE SPOUSE OF THE VESTEE NAMED BELOW. VESTEE: ROSS MILLER MARK MILLER DEAN MILLER END OF SCHEDULE B NOTE NO. 1: WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. PARTIES: DEAN MILLER MARK MILLER ROSS MILLER (NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS ORDER. ' ANY TITLE SEARCH INCLUDES MATTERS THAT ARE INDEXED BY NAME ONLY, AND HAVING A COMPLETED STATEMENT OF INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES BUT IN FACT AFFECT ANOTHER PARTY WITH THE PRELIM8C-9/23/93bk SCHEDULE B Page 3 (continued) OrderNo: 203066106 U50 YourRef: SAME OR SIMILAR NAME. BE ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE.) NOTE NO. 2: YOUR OPEN ORDER REQUEST INDICATES THAT A LIMITED LIABILITY COMPANY WILL BE ACQUIRING, ENCUMBERING OR CON^^EYING REAL PROPERTY IN YOUR TRANSACTION. UNDER THE PROVISIONS OF "THE CAIuIFORNIA LIMITED LIABILITY ACT, EFFECTIVE SEPTEMBER 30, 1994" THE FOLLOWING WILL BE REQUIRED: 1. A COPY OF THE ARTICLES OF ORGANIZATION (AND ALL AMENDMENTS, IF ANY) THAT HAS BEEN FILED WITH THE SECRETARY OF STATE. 2. THE REQUIREMENT THAT THIS COMPANY BE PROVIDED WITH A COPY OF THE OPERATING AGREEMENT. THE COPY PROVIDED MUST BE CERTIFIED BY THE APPROPRIATE MANAGER OR MEMBER THAT IT IS A COPY OF THE CURRENT OPERATING AGREEMENT. 3. IF THE LIMITED LIABILITY COMPANY IS MEMBER-MANAGED THEN THIS COMPANY MUST BE PROVIDED WITH A CURRENT LIST OF THE MEMBER NAMES. NOTE: IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUB-ESCROW ACCOUNTS. THE MANDATORY HOLD PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD FROM THREE TO SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED. NOTE: ANY FUNDING WIRES TO CHICAGO TITLE COMPANY ARE TO BE DIRECTED AS FOLLOWS: BANK OF AMERICA 185 0 GATEWAY BOULEVARD CONCORD, CALIFORNIA ABA 121-000358 CREDIT TO CHICAGO TITLE SUB-ESCROW DEPOSITORY ACCOUNT NO. 12359-50752 FURTHER CREDIT TO ORDER NO: 203066106 ATTN: TOM VOTEL TITLE OFFICER AMC lAMEND/JRS PRELIMBC-9/23/93bk PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has'30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. Applicant Signature: VJiiH^^^ Staff Date: stapled with receipt to application Copy for file Notice of Determination To: Office of Plannmg and Research P.O. Box 3044 Sacramento, CA 95812-3044 From: CITY OF CARLSBAD Planning Department 1635 Faraday Avenue Carlsbad, CA 92009 (760) 602-4600 County Clerk County of San Diego Attn: Rita Garcia, Rm. 260 1600 Pacific Highway San Diego, CA 92112-1750 Project No: CT 00-20X2(A)/SUP 00-10x2(A)/HDP 00-llx2(A)/HMPP 05-05 Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Fox/Miller Project Title 2001102149 City of Carlsbad, Van Lynch (760) 602-4613 State Clearinghouse No. Lead Agency, Contact Person Telephone Number The proiect is generally located adiacent and west of El Camino Real, north of Faradav and south of College Boulevard, Carlsbad San Diego County. Project Locations (include County) Name of Applicant: H.G. Fenton, Allen Jones Applicant's Address: 7577 Mission Valley Rd, Suite 200, San Diego CA 92108 Applicant's Telephone Number: (619) 400-0134 Project Description: A one year Tentative Tract Map (CT) extension and a one year extension and amendment to the Special Use Permit (SUP), Hillside Development Permit (EIDP) and a Habitat Management Plan Permit (HMPP) for a five-lot industrial subdivision on a vacant parcel adjacent and west of El Camino Real, north of Faraday Avenue and south of College Boulevard. This proposed amendment would change the proposed manufactured slope along El Camino Real to a near vertical 44 foot tall retaining wall structvire for the preservation of a critical population of thread leaved brodiaea {brodiaea filifolia), a narrow endemic plant species. This is to advise that the City of Carlsbad has approved the above described project on August 3, 2005, and has made the following determination regarding the above described project. 1. The project will not have a significant effect on the environment 2. A Negative Declaration was prepared for this project pursuant to the provisions of 3. Mitigation measures were made a condition of the approval ofthe project. 4. A mitigation reporting or monitoring plan was adopted for this project. 5. A statement of Overriding Considerations were not adopted for this project. 6. Findings were made pursuant to the provisions of CEQA. This is to certity that the final Mitigated Negative Declaration with comments and responses and record ofjproj^ approval is available to the General Public at THE CITY OF CARLSBAD. DON/NEU, Assistant Planning Director Date received for filing at OPR: Date Revised December 2004 Citv of Carlsbad Planning Department MITIGATED NEGATIVE DECLARATION CASE NAME: CASE NO: PROJECT LOCATION: FOX/MILLER PROPERTY CT 00-20x2(AVSUP 00-10x2(AWDP 00-1 lx2(AV HMP 05-05 Located adiacent and west of El Camino Real, between College Ave and Faradav Ave.. Carisbad. San Diego Countv APN 212-020-23-00. PROJECT DESCRIPTION: A one year Tentative Tract Map extension and extensions and amendments to the Special Use Pennit and Hillside Development Permit for the replacement of a previously approved 1+1/2:1 manufactured slope to a vertical 44 foot tall masonry tie-back wall system on a project previously approved to subdivide and grade 53.65 acres of land into four lots for industrial uses and one open space lot on property located adjacent and west of El Camino Real, between College Boulevard and Faraday Avenue. The HMP permit is for the take of covered species under the Habitat Management Plan. DETERMINATION: The City of Carlsbad has conducted an envirormiental review ofthe above-described project pursuant to the Guidelines for Implementation of the Califomia 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, and the City of Carlsbad finds as follows: ^ 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. I I The proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. (Mitigated Negative Declaration applies only to the effects that remained to be addressed). I I 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 earher ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to apphcable 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. A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, Cahfomia 92008. ADOPTED: August 3,2005. pursuant to Planning Commission Resolution No. 5935 ATTES DON NEU Assistant Planning Director 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us •FILE copy City of Carlsbad Planning Department NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, August 3, 2005, to consider a request for approval of a one year Tentative Tract Map Extension and a one year extension and amendment to the Special Use Permit and Hillside Development Permit and a Habitat Management Plan Permit for the Fox Miller Property located adjacent and west of El Camino Real, north of Faraday Avenue and south of College Boulevard in Local Facilities Management Zone 5 and more particularly described as: That portion of Lot "F" of Rancho Agua Hedionda, County of San Diego, State of California, according to map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896, described in a grant deed recorded August 13, 1992, as Document Number 1992-0512626 Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available online at http://www.ci.carlsbad.ca.us/cserv/pdfdoc.html?pid=295 on or after July 27, 2005. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-4613. The time within which you may judicially challenge the Tentative Tract Map Extension, Special Use Permit, Hillside Development Permit Amendments and/or Habitat Management Plan Permit if approved, is established by State law and/or city ordinance, and is very short. If you challenge the Tentative Tract Map Extension, Special Use Permit, Hillside Development Permit Amendments and/or Habitat Management Plan Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: CT 00-20x2(A)/SUP 00-10x2(A)/HDP 00-11x2(A)/HMPP 05-05 CASE NAME: FOX MILLER PROPERTY PUBLISH: JULY 22, 2005 CITY OF CARLSBAD PLANNING DEPARTMENT 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ^ S/T£ FOX MILLER PROPERTY CT 00-20x2(A)/SUP 00-10x2(A)/ HDP 00-11x2(A)/HMPP 05-05 WRISLEY 1990 2080 BASSWOOD AVE CARLSBAD CA 92008 CARLSBAD GATEWAY CENTER LLC PO BOX 256 LA JOLLA CA 92038 FINN 7004 SHERBOURNE LN SAN DIEGO CA 92129 BRANDON H WANDER PO BOX 1317 LA JOLLA CA 92038 TYCOON DEVELOPMENT CORP 2371 FENTON ST CHULA VISTA CA 91914 TYCOON DEVELOPMENT CORP 2371 FENTON ST CHULA VISTA CA 91914 LILLIAN SCHOLL 444 N EL CAMINO REAL 119 ENCINITAS CA 92024 DAVID F RUHNAU 3775 lOTH ST RIVERSIDE CA 92501 RUHNAUENGEL 5602 LOMA VERDE RANCHO SANTA FE CA 92067 MEHLERNIELSON 5751 PALMER WAY D CARLSBAD CA 92008 2000 KOLKER 1635 LA PLAZA DR SAN MARCOS CA 92078 DANIEL W GOLDEN 1030 ROBIN HILL DR SAN MARCOS CA 92069 ROBERT H & HELGA 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92008 JOSEPH M LAUER 5561 COYOTE CT CARLSBAD CA 92008 JERRY & MARGARET PASTOR 5565 COYOTE CT CARLSBAD CA 92008 BIRD ABBOTT 5569 COYOTE CT CARLSBAD CA 92008 TERRACES AT SUNNY CREEK LLC 2006 PALOMAR AIRPORT RD 113 CARLSBAD CA 92008 AGNES MIHOLICH 4471 COASTLINE AVE CARLSBAD CA 92008 TERRACES AT SUNNY CREEK LLC 2006 PALOMAR AIRPORT RD 113 CARLSBAD CA 92008 FENTON CARLSBAD RESEARCH CENTER 7588 METROPOLITAN DR SAN DIEGO CA 92108 TERRACES AT SUNNY CREEK LLC 2006 PALOMAR AIRPORT RD 113 CARLSBAD CA 92008 MICHAEL SALOUR 2330 FARADAY AVE CARLSBAD CA 92008 MICHAEL M SALOUR 2330 FARADAY AVE CARLSBAD CA 92008 MACBETH PROPERTIES INC 2310 FARADAY AVE CARLSBAD CA 92008 ISIS PHARMACEUTICALS INC 2280 FARADAY AVE CARLSBAD CA 92008 ISIS PHARMACEUTICALS INC 2280 FARADAY AVE CARLSBAD CA 92008 LORI M SIMPSON 2317 SAN ELIJO AVE CARDIFF CA 92007 ISIS PHARMACEUTICALS INC 2280 FARADAY AVE CARLSBAD CA 92008 DOUGLAS G SIMPSON 5740 FLEET ST 100 CARLSBAD CA 92008 PLMS HOLDINGS INC 2304 FARADAY AVE CARLSBAD CA 92008 FARADAY COURT OWNERS ASSOCIATION 8525 GIBBS DR 200 SAN DIEGO CA 92123 BTINVLLC PO BOX 26309 SAN DIEGO CA 92196 KW FUND I-CARLSBAD 1 9601 WILSHIRE BLVD BEVERLY HILLS CA 90210 KW FUND I-CARLSBAD 1 9601 WILSHIRE BLVD BEVERLY HILLS CA 90210 EQBP-ILLC 800 SILVERADO ST 300 LA JOLLA CA 92037 T M G PROPERTY 475 W BRADLEY AVE EL CAJON CA 92020 T M G PROPERTY 475 W BRADLEY AVE EL CAJON CA 92020 T M G PROPERTY 475 W BRADLEY AVE EL CAJON CA 92020 DEI L L C PO BOX 1388 VISTA CA 92085 DEI L L C PO BOX 1388 VISTA CA 92085 A notice has been mailed to all property owners/occupsnts listed hereinrY/ /-> l„-^ Date: TV MICo aignature: PROOF OF PUBSCATION (2010 & 2011 CCP.) This spa(^s for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of Proof of Publication of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of Califomia, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: July 22"", 2005 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS Califomia NOrrCE IS HEREBy GIVHSHOJ est may be affectefi), thatthe Piafir_„ City of Carlsbad will hold a jjubtlc l ^cause your inier-, .._._„™,|Dommission ofthe City of Carlsbad will hold(asPuMlc *ifflffinq at the Council Chambers 1200 Carlsbad Village Drive, Carlsbad, Cali-fornia, at 6:00 p.m. on Wednesday, August 3, 2005, to consider the follow^: quest tor a one year tenSfive tract ft/iap txtension and a one year extension and amefidment to the Special Use Permif and Hillside Development Permit ana a Habitat Management Plan Permit tor the Fox Miller Propert/ lo-cated adiacent and west of El Camino Real, norm of Faraday Avenue and south of College Boulevard in Local Facilities Management2one 5.: In consideration of the foregoing, on June 8, 2005, the Planning Director issued aNotice of intent to Adopt a Mitigated Negative Declaration and Mitigation Monitoring ana Reporting Program for the proposed project The time within which you may. judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge these projects in court, you may be limited to raising oiily those issues you or someone else raised at the public nearing described in this notice or in written correspondence de-livered to the City of Cartsbad at or prior to the public hearing. Copies of the environmental documents are available at the Planning Department at 1635 Faraday Avenue dur-ing regular Dusin^s hours from 7:30 am.to 5:30 pm Monday through Thursday and 8:00 am to 5:00 pm Friday. Those persons wishing to speak on these proposals are cordially invited to attend the public hearing. Copies of the staff reports will be available online at http://www.ci.carlsbad.ca.us/pdfdoc.html?pid=g95 on and after July 2/, iiUOb. It you have any questions please call the Planning Department at (760) 602-4600. CITY OF CARLSBAD PLANNING DEPARTMENT NCT 1827360 • July22, 2005 This 22 nd Day of July, 2005 Signature Jane Olson NORTH COUNTY TIMES Legal Advertising Mail to: County Clerk, County of San NOTI^OF PUBLIC HEARING COUNTY (teRK f San Diego, Mailstop 833, PO Box 121750, San Diego, C^2\U August 3. 2005 Public Hearing Date: _ Public Hearing Place: 1200 CARLSBAD VILLAGE DRIVE. CARLSBAD. CALIFORNIA. 92008 Public Hearing Time: 6:00 p.m. Response must be received by: August 3. 2005 Project Title: Fox/Miller Propertv -CT 00-20x2/ HDP 00-1 x2Al / SUP 00-10x2A Lead Agency: CITY OF CARLSBAD - PLANNING Contact Person:. Street Address: 1635 FARADAY AVENUE Phone: r760) 602-4613 Van Lynch City: CARLSBAD Zip: 92008 County: SAN DIEGO COUNTY PROJECT LOCATION: County: SAN DIEGO COUNTY City/Nearest Community: CITY OF CARLSBAD Cross Streets: El Camino Real and Faradav Total Acres: 53.65 212-020-23-00 Assessor's Parcel No. Within 2 Miles: State Hwy #: Airports: McCLELLAN/PALOMAR 1-5 Section: _ Twp. _ Range: Waterways: Railways: NCTD Base: Agua Hedionda Spanish land grant Agua Hedionda Lagoon Schools: Kelly Elem ENVIRONMENTAL DOCUMENT: CEQA: • NOP I I Early Cons ^ Neg Dec (Prior SCH No.) 2001102149 • Draft EIR • • • Supplement/Subsequent EIR (Prior SCH No.) Other: Giegory J. Smith. Ftecordei/County Cleifc JUL 1 1 200j BY. ..QEEiriy LOCAL ACTION TYPE: QOeneral Plan Update • ^General Plan Amendment \Z\ QOeneral Plan Element [U QZone Code Amendment ^ Amendment Specific Plan Q Rezone Master Plan ^ Special Use Permit Planned Unit Development ^ Land Division (Subdivision, Site Plan, Tract Map extension, etc.) I I Annexation I I Redevelopment I I Coastal Permit pother: Hillside dev permit DEVELOPMENT TYPE: ^Residential; Units •office: Sq. Ft.. •commercial: Sq. Ft.. •industrial: Sq. Ft.. •Recreational: Acres. Acres. Acres. Acres 53.65 ••TTtt:t7"ii'N-tHt-wf- Sar. Diego County on _^ Posted JiiLlLlii Removed -Retemed to agency on. ,11—-U.-.i-..'. iJeputy PROJECT ISSUES DISCUSSED IN DOCUMENT: I^Aesthetic/Visual • •Agricultural Land • •Air Quality ^ •Archaeological/Historical I I • Coastal Zone I I •Drainage/Absorption • •Economic/Jobs • •Fiscal • Flood Plain/Flooding Forest Land/Fire Hazard Geological/Seismic Minerals Noise Population/Housing Balance Public Services/Facilities Recreation/Parks I I Schools/Universities • • Septic Systems • • Sewer Capacity • I I Soil Erosion/Compaction/Grading • • Solid Waste • I I Toxic/Hazardous • I I Traffic/Circulation • ^ Vegetation • Water Quality Water Supply/Ground Water Wetland/Riparian Wildlife Growth Inducing Land Use Cumulative Effect Other: Present Land Use/Zoning/General Plan Use Vacant / Unplanned area (non-residential reserve)/ Planned Industrial Project Description: The tentative map extension for the subdivision and grading of a 53.65-acre parcel into a five lot industrial subdivision with one open space lot. The Hillside development Pennit and Special Use Permit amendments to construct a 44 foot tall retaining wall for the increase in the preservation of Thread Leaved Brodiaea, a narrow endemic species. Where documents are located for Public Review: Community Development Center, 1635 Faraday Avenue, Carlsbad, CA 92008 February 2000 city of Carlsbad 1635 Faraday Avenue Carlsbad CA Receipt (OS4R0051232) 92008 Applicant: LADWIG DESIGN GROUP, LLC Description SUP0010X2A Amount 54.39 Receipt Number: R0051232 Transaction Date: 07/12/2005 Transaction ID: R0051232 Pay Type Method Description Amount Payment Credit Crd VISA 54.39 Transaction Amount: 54.39 2420 07/12/05 0002 01 02 CGP 54-39 I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER APPLICANT OR APPLICANT'S REPRESENTATIVE BY: DATE: RECEIVED BY \J.^.i(i DATE: /H^^--o5' PROOF OF PUBL#VTION (2010 & 2011 CCP.) This space i^)r the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident^ the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of Califomia, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: June 08*\2005 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS Califomia Proof of Publication of PROJECT DESCRIPTION: A Special Use Permit amej'^ment and Hillside Development Permit amend-ment for the replacement of a previously approved hl'^l manufactured slope to a vertical 44 fooftall ma-S?™'^J'?"°^'&'*?," system on a Drgiect previously ap-Pony??J°. S"!^ivide and grade sales' acres of land info 1 industrial uses and one open space lot on RSSIS^ n^S'^"^ adjacent and west of El Camino Real, between College Boulevard and Faraday Avenue. PROPOSED DETERMINATION: The City of Carisbad has conducted an environmental review of the above de-g-^Jifdprpiect pursuant to the Guidelines for Implemen-tation ofthe California Environmental Quality Act and the Environmental Protection Ordinance oT the City of D^'}^^?i A?..a result of said review, the initial study (EIA ^if^Jl Identified potentially significant effects on the en-revisions in the project plans or pro-£2?.?'^ ^S'BBd tp by, the applicant beforelhe proposed negative declaration and inifial study are re-„ifS!? 12'' Py''''^ review would avoid the elfects or mitigate the effects to a point where cleariy no significant TI^SI enviranmerit would occur, and (2) there is no substantial evidence in light of the whole record be-fore the City that the projea "as revised' mav have a E'S.1l!l°fi"' ^1?°' 9." "1^ environment. Therefore, a Miti-fHinti„t^'!S'*A*"''?'^'9T."J'U^'e recommended for adoption by the City of Carlsbad Planning Commission. trSH'^l' °* i?'!L^' stutiy (ElA.fart 2) documentina rea-sons fo support the proposed Mitigated Negative Decla-rat on IS on file in the Planning Department 1635 Fara-?rS^l^^""tl-C3'''st>ad. CaliKrnia'^92008. Comments ![ri«„?v,'JK''"g,^''^ '"^'S?''- 5'ease submit comments in writing to the Planning Department within 30 days of the date of this notice. The proposed ^..^ _ tjon are subiecfto review and approvaWdoptlon byThe 4HXi«!,?5TO!^ Planning Commission and City Council. Additional public notices will be issued when those public ¥f. sctieduled. If you have any questions, fllof602-4613" '" P'a""'"9 Department at KBLIC REVIEW PERIOD June 2QQ5 through July Z. INCT 1808164 • June 08, 2005 > project and Mitigated Negative Deoiara This _08!!!_ Day of June, 2005 Signature Jane Olson NORTH COUNTY TIMES Legal Advertising PROOF OF PUBLlditlON (2010 & 2011 CCP.) This space is iH^he County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of Proof of Publication of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of Califomia, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: July 3''', 2005 I certify (or declare) under penalty of perjury that the foregoing is tme and correct. Dated at SAN MARCOS Califomia This 05 th Day of July, 2005 Signature Jane Olson NORTH COUNTY TIMES Legal Advertising CASE NAME: Fox/Miller Property CASE NO: CT 00-20x2/SUP t0-10x2(A)/HDP 00-11x2(A)/HMP 05-05 PROJECT LOCATION: Located adjacent and west of El Camino Real, between College Ave. and Faraday Ave., Carisbad, San Diego County APN 212-020-23-00 PROJECT DESCRIPTION: An extension of the Tenta-tive Tract Map, a Special Use Permit amendment and Hillside Development Permit amendment for the replace-ment of a previously approved 1+1/2:1 manufactured slope to a vertical 44 foot tall masonry tie-back wall sys-tem on a project previously approved to subdivide and grade 53.65 acres of land into four lots for industrial uses and one open space lot on prr-perty located adjacent and west of El Camino Real, between College Boulevard and Faraday Avenue. PROPOSED DETERMINATION: The City of Carisbad has conducted an environmental review of the above de-scribed project pursuant to the Guidelines for Implemen-tation of the California Environmental Quality Act and the. Environmental Protection Ordinance of the City ol Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on tfie en-vironment, but (1) revisions in the project plans or pro-posals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are re-leased for public review would avoid the effects oi mitigate the effects to a point where cleariy no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record be-fore the City that the project "as revised" may have a significant effect on the environment. Therefore, a Miti-gated Negative Declaration will be recommended for adoption by the City of Carisbad Pianning Commission. A copy of the initial study (EIA Part 2) documentina rea-sons fo support the proposed Mitigated Negative Decla-ration is on file in the Piannino Department, 1635 Fara-day 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 Declara-tion are subject to review and approval/adoption by the City of Carisbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Van Lynch in the Planning Department af (760)602-4613. PUBLIC REVIEW PERIOD Jujy a. 2225 through Augus ^C?P^18984'Julv 03, 2005 ' Citv ®f Carlsbad •JWl'iii^l Planning Department NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION CASE NAME: CASE NO: PROJECT LOCATION: „ D L i (D) Gregory J. Smith, Recorder/County Clerk JUN 0 6 2005 BY. Fox/Miller Propertv SUP 00-lOxlA/ HDP 00-1 IxlA/ HMP 05-05 Located adiacent and west of El Camino Real, between College Ave and Faradav Ave.. Carlsbad. San Diego Countv APN 212-020-23-00 DEPUTY PROJECT DESCRIPTION: A Special Use Permit amendment and Hillside Development Permit amendment for the replacement of a previously approved 1+1/2:1 manufactured slope to a vertical 44 foot tall masonry tie-back wall system on a project previously approved to subdivide and grade 53.65 acres of land into four lots for industrial uses and one open space lot on property located adjacent and west of El Catnino Real, between College Boulevard and Faraday Avenue. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the Califomia Environmental Quality Act and the Environmental Protection Ordinance ofthe 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 pubhc review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in hght of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad Planning Commission. 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, Cahfomia 92008. Comments jfrom the public are invited. Please submit comments in writing to the Planning Department within 30 days ofthe date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-4613. PUBLIC REVIEW PERIOD June 8.2005 through Julv 7.2005 PUBLISH DATE June 8.2005 San Posted Retirned to ag^ Deputy 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us NOTICE OF COMPLETION Mail to: State Clearinghouse, P. O. Box 3044^acramento, CA 95812 - (916) 445-0613 Project Title: FOX/MILLER PROPERTY CT 00-2Qx2//HDP 00-llx2a/SUP 00-10x2a/HMP 05-05 Lead Agency: CITY OF CARLSBAD Contact Person: Van Lvnch FILE COPY See NOTE Below: SCH # 2001102149 Street Address: 1635 FARADAY AVENUE Phone: (760) 602-4613Citv: CARLSBAD Zip: 92008 County: SAN DIEGO COUNTY PROJECT LOCATION: County: San Diego City/Nearest Community: Carlsbad Cross Streets: EI Camino Real/College Total Acres: 53.65ac Assessor's Parcel No. 212-020-23-00 Section: n/a Twp. n/a Range: n/a Base: n/a - Agua Hedionda Spanish Land Grant Withm 2 Miles: State Hwy #: 1-5 Waterways: Agua Hedionda Creek/Lagoon Airports: McCLELLAN/PALOMAR Railways: NCTD Schools: Kellev Elementary DOCUMENT TYPE: CEQA: • NOP I I Early Cons 13 Neg Dec- Q Draft EIR ri Supplement/Subsequent • EIR (Prior SCH No.) • Other: NEPA: • NOI • EA • Draft EIS • FONSI OTHER: • loint Document I I Final Document • Other: LOCAL ACTION TYPE: • General Plan Update • I I General Plan Amendment Q I I General Plan Element Q I I Community Plan Q Specific Plan | | Master Plan Q Planned Unit Development ^ Site Plan M Rezone Prezone Use Permit Land Division (Tract Map extension, etc.) I I Annexation I I Redevelopment n Coastal Permit M Other: Hillside Dev Permit DEVELOPMENT TYPE: • Residential: Units. Acres _ • Water Facilities: Tvpe MGD • Office: Sq. Ft.. Acres. Employees. • Transportation: Type • Commercial: Sq. Ft.. Acres. Employees. • Mining: Mineral Industrial: Sq. Ft.. Acres 53.65 Employees _ • Power: Tvpe Watts • Educational: • Waste Treatment: Type • Recreational: • Haziirdous Water: Type • • Other: PROJECT ISSUES DISCUSSED IN DOCUMENT: Aesthetic/Visual • Flood Plain/Flooding • Schools/Universities • Water Quality • Agricultural Land • Forest Land/Fire Hazard • Septic Systems • H2O Supply/Ground H2O • Air Queility Geological/Seismic • Sewer Capacity El Wetland/Riparian • Archaeological/Historical • Minerals Soil Erosion/Compaction/Grading • Wildlife • Coastal Zone • Noise • Solid Waste • Growth Inducing • Drainage/Absorption • Population/Hsg. Balance • Toxic/Hazardous • Land Use • Economic/lobs • Public Services/Facilities • Traffic/C irculation • Cumulative Effect • Fiscal • Recreation/Parks Vegetation • Other: Present Land Use/Zoning/General Plan Use Vacant / Planned Industrial / Planned Industrial Project Description: A one year Tentative Tract Map extension and extensions and amendments to the Special Use Pennit and Hillside Development Permit for the replacement of a previously approved 1+1/2:1 manufactured slope to a vertical 44 foot tall masonry tie-back wall system on a project previously approved to subdivide and grade 53.65 acres of land into four lots for industrial uses and one open space lot on property located adjacent and west of El Camino Real, between College Boulevard and Faraday Avenue. The HMP pennit is for the take of covered species imder the Habitat Management Plan. NOTE: Clearinghouse will assign identification numbers for all new projects. Preparation or previous draft document) please fill it in. If a SCH number already exists for a project (i.e., from a Notice of Revised October 1989 Citv of Carlsbad Planning Department NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION CASE NAME: CASE NO: PROJECT LOCATION: Fox/Miller Property CT 00-20x2/SUP 00-10x2('A)/HDP 00-1 lx2fA')/HMP 05-05 Located adiacent and west of El Camino Real, between College Ave. and Faradav Ave.. Carlsbad. San Diego Countv APN 212-020-23-00 PROJECT DESCRIPTION: An extension ofthe Tentative Tract Map, a Special Use Permit amendment and Hillside Development Permit amendment for the replacement of a previously approved 1+1/2:1 manufactured slope to a vertical 44 foot tall masonry tie-back wall system on a project previously approved to subdivide and grade 53.65 acres of land into four lots for industrial uses and one open space lot on property located adjacent and west of El Camino Real, between College Boulevard and Faraday Avenue. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the Cahfomia Environmental Quality Act and the Environmental Protection Ordinance ofthe City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the enviroimient, but (1) revisions in the project plans or proposals made by, or agreed to by, the apphcant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad Planning Commission. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration is on file in th? Planning Department, 1635 Faraday Avenue, Carlsbad, Califomia 92008. Comments from the pubhc 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 pubhc notices will be issued ^hen those pubhc hearings are scheduled. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-4613. PUBLIC REVIEW PERIOD Julv 3.2005 through August 2. 2005 PUBLISH DATE Julv 3. 2005 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us SITE FOX MILLER PROPERTY CT 00-20X2/SUP 00-10x2(A)/ HDP 00-11x2(A)/HMP 05-05 ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II CASE NO: CT 00-20X2/SUP 00-10x1 A/HDP 00-11x1 A/HMP 05-05 DATE: June 2.2005 BACKGROUND 1. CASE NAME: FOXMILLER PROPERTY 2. LEAD AGENCY NAME AND ADDRESS: Citv of Carlsbad 3. CONTACT PERSON AND PHONE NUMBER: Van Lvnch (760') 602-4613 4. PROJECT LOCATION: Located adiacent and west of El Camino Real, between College Ave and Faradav Ave.. Carlsbad. San Diego Countv APN 212-020-23-00 5. PROJECT SPONSOR'S NAME AND ADDRESS: Ladwig Design Group. Bob Ladwig. 703 Palomar Airport Rd. Suite 300. Carlsbad. CA 92009 (160) 438-3182 6. GENERAL PLAN DESIGNATION: Planned Industrial (PD 7. ZONING: Planned Industrial (PM) 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., pennits, financing approval or participation agreements): USFWS. CDFG. RWOCB. USACE 9. PROJECT DESCRffTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: A one year Tentative Tract Map Extension and extensions and amendments to the Special Use Permit and Hillside Development Permit for the replacement of a previously approved 1+1/2:1 manufactured slope to a vertical 44 foot tall masonry tie-back wall system on a proiect previouslv approved to subdivide and grade 53.65 acres of land ihto four lots for industrial uses and one open space lot on propertv located adiacent and west of El Camino Real, between College Boulevard and Faradav Avenue. The Mitigated Negative Declaration for the proposed development of four light industrial lots on the Fox-Miller Property was approved by the City of Carlsbad's Citv Council on October 22. 2002. Subsequent to tiiis approval, a number of changes have been made to the proiect design, initially to complv with storm drain and water detention requirements and water quality regulations, and more recently to comply with the requirement to impact no more than 5 percent of the thread-leaved brodiaea (brodiaea: Brodiaea filifolia) population on-site. The Multiple Habitat Conservation Program (MHCP) and the City of Carlsbad Habitat Management Plan (HMP) stipulate that impacts to brodiaea cannot exceed a gross cumulative loss of ^ percent of the critical narrow endemic populations within the jurisdiction. The brodiaea on the Fox-Miller site has been identified as a critical narrow endemic population as it is the largest known population in the city of Carlsbad. The joint take permit issued by U.S. Fish and Wildlife Service (USFWS) and Califomia Department of Fish and Game (CDFG) provided conditional coverage for thread-leaved brodiaea only if the proposed Fox- Miller plan were revised to complv with the MHCP and HMP. Rev. 07/03/04 The project site includes a portion of Letterbox Canyon with its associated drainages and the adiacent upland slopes. The site is bounded by El Camino Real to the east and north, residential north of El Camino Real, and existing industrial development surrounding the site to the south, east and west. The site is predominately covered with non-native grasslands, followed by non- native grassland with thread-leaved brodiaea and Diegan coastal sage scrub. The project also contains small areas of valley needlegrass grassland and jurisdictional and non-iurisdictional wetlands. Sensitive wildlife found on the site consists of raptors and a pair of Califomia gnatcatchers. This subsequent environmental document will only address the biological and aesthetic impacts related to the redesign of the project for biological purposes and related impacts as a result ofthe retaining wall design and for the tentative map extension. The previous mitigated negative declaration addresses all other impacts associated with the project and remain in effect unless modified below. The previous Mitigated Negative Declaration is available for review at the Planning Department. 1635 Faraday Avenue. Carlsbad CA 92008. Rev. 07/03/04 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on tiie following pages. i I Noise Aesthetics I I Agricultural Resources I I Air Quality 1^ Biological Resources I 1 Cultural Resources ^ Geology/Soils • Hazards/Hazardous Materials D Population and Housing I I Hydrology/Water Quality Q Public Services [ I Land Use and Planning I I Mineral Resources I I Mandatory Findings of Significance I I Recreation I I Transportation/Circulation I I Utilities & Service Systems Rev. 07/03/04 DETERMINATION. (To be completed by the Lead Agency) I I 1 find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there wiii not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. [ I I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicabie legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I I 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 ail potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. •"^'Signature Date*" Plann^p Signature Assistant Planning Director's Signature Date G/30/oS^ Rev. 07/03/02 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that tiie City conduct an Environmental Impact Assessment 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 witii information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly adverse. • Based on an "EIA-Part IP', if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. • When "Potentially Significant Impact" is checked the project' is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. • If there are one or'more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less' than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. Rev. 07/03/02 • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and'the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Part II 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 at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. Rev. 07/03/02 Issues (and Supporting Information Sources). AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact .No Impact • • • X • • • X • X • • • • • X IL AGRICULTURAL RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the Califomia Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the Califomia Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the Califomia 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? ra. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pjallution control district may be relied upon to make the following determinations.) Would the project: a) Confljct 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? • • • K • b • • • • • • • m • M • m Rev. 07/03/02 Issues (and Supporting Information Sources). c) Resuh 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? IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directiy or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by Califomia 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, vemal pool, coastal, etc.) through direct removal, filing, 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 ^ny 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? g) Impact tributary areas that are environmentally sensitive? Potentially Significant Potentially Unless Less Than Significiuit Mitigation Significant No Impact Incorporated Impact Impact • • • • • • • • • • • • • • • KI • m • m • • • • • • • m • M • • • • • s Rev. 07/03/02 Issues (and Supporting Information Sources). V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS - Would tiie project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Table 18 - l-B of tiie Uniform Building Code (1997), creating substantial risks to life or property? Potentially Significant Impact • • • • Potentially Significant Unless Less Than Mitigation Significant No Incorporated Impact Impact • • • • • • • H • m • s • M • m • • • X • • • X • • • X • • • X X • • • • • X Rev. 07/03/02 Issues (and Supporting Information Sources). 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? VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Govemment Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands ai& adjacent to urbanized areas or where residences are intermixed with wildlands? • Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact • • • X • • • • • • • • • • • • • • • • • 13 • • • s • • Kl • • s Kl vm. HYDROLOGY AND WATER QUALITY project: Would tiie a) Violate any water quality standards or waste discharge requirements? • • • S 10 Rev. 07/03/02 Issues (and Supporting Information Sources). 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) Impacts to groundwater quality? d) Substantially alter the existing drainage pattem 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? e) Substantially alter the existing drainage pattem ofthe 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 ranoff in a manner, which would result in flooding on- or off- site? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • • • Kl • • • • • • • M • M • Kl f) 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? g) Otherwise substantially degrade water quality? h) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? i) Place within 100-year flood hazard area stractures, which would impede or redirect flood flows? j) Expose people or stractures to a significant risk of loss injury or death involving flooding, including flooding as a resuh of the failure of a levee or dam? k) Inundation by seiche, tsunami, or mudflow? I) Increased erosion (sediment) into receiving surface waters. m) Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X 11 Rev. 07/03/02 Issues (and Supporting Information Sources). n) Changes to receiving water quality (marine, fresh or wetiand waters) during or following construction? o) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? p) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? IX. LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? 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? 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 groundbourne vibration ot groundbourne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Potentially Significant Impact • • • • • • • • • • • Potentially Significant Unless Mitigation Incorporated • • • • • • • • • Less Than Significant Impact • • • • No Impact • • H • • B • • H • Kl • s • M • M • • H 12 Rev. 07/03/02 Issues (and Supporting Information Sources). e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XH. POPULATION AND HOUSING - Would tiie 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 constraction of replacement housing elsewhere? xm. PUBLIC SERVICES Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • • • S • • • • • • • • • ^ • • • Kl Kl a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered govemment facilities, a need for new or physically altered govemment facilities, the constraction 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: 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? • i) Fire protection? • • • X ii) Police protection? • • • X iii) Schools? ; -• • X iv) Parks? • • • • X v) Other public facilities? ^ • • • X • • K 13 Rev. 07/03/02 Issues (and Supporting Information Sources). b) Does the project include recreational facilities or require the constraction or expansion of recreational facihties, which might have an adverse physical effect on the environment? XV. TRANSPORTATION/IRAFFIC - 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 tiie 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 pattems, 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) Resuh in inadequate emergency access? f) Resuh in insufficient parking capacity? g) Conflict with adopted policies, plans, or programs supporting altemative transportation (e.g., bus tum- outs, bicycle racks)? XVI. UTILITIES AND SERVICES SYSTEMS project: Would tiie a) Exceed wastewater treatment reqiin-ements of the applicable Regional Water Quality Control Board? b) Require or resuh 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 constraction of new storm water drainage facilities or expansion of existing facilities, the constraction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Potentially Significant Impact • • • • • Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact • • • K • • • • • • • • • • • • S • Kl • m • Kl • • • X • • • X • • • X Kl Kl • • • S • m 14 Rev. 07/03/02 Issues (and Supporting Information Sources). Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact • • • S • • • • • • • • • • M • m D D n m • m e) Resuh in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of Califomia history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumula- tively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directiy or indirectiy? XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Ifi tills case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 15 Rev. 07/03/02 DISCUSSION OF ENVIRONMENTAL EVALUATION BIOLOGICAL RESOURCES - The Mitigated Negative Declaration for the proposed development of four light industrial lots on the Fox-Miller Property was approved by the City of Carlsbad's City Council on October 22,2002. A condition of approval was to amend the Mitigation Monitoring and Reporting Program to ensure all mitigation was conducted on-site. Subsequent to this approval, a number of changes have been made to the project design, initially to comply with storm drain and water detention requirements and water quality regulations, and more recently to comply with the requirement to impact no more than 5 percent of the brodiaea population on-site. The MuUiple Habitat Conservation Program (MHCP) and the City of Carlsbad Habitat Management Plan (HMP) stipulate that impacts to brodiaea cannot exceed a gross cumulative loss of 5 percent of the critical narrow endemic populations within the jurisdiction. The brodiaea on the Fox-Miller site has been identified as a critical narrow endemic population as it is the largest known population in the city of Carlsbad. The joint take permit issued by U.S. Fish and Wildlife Service (USFWS) and Califomia Department of Fish and Game (CDFG) provided conditional coverage for thread-leaved brodiaea only if the proposed Fox-Miller plan were revised to comply with the MHCP and HMP. With the approval of this project, the City of Carlsbad would be able to have coverage of brodiaea in the HMP. As.'si resuh of preliminary discussion between USFWS, CDFG, the City of Carlsbad, and the project applicant, it was decided that a more intensive mapping effort of the brodiaea on-site would be undertaken to try and refine the boundaries of the plant on the property. In January and Febraary 2005, RECON biologists resurveyed the population to identify the extent of thread-leaved brodiaea that expressed vegetatively following the early rains of 2004/2005. In order to standardize the data collection, the following methodology was adopted: any foliage observed that occupied an area of one-meter square or less was mapped as a point and any foliage that occupied an area greater than one-meter square in area was mapped as a polygon. To calculate a total area of thread-leaved brodiaea vegetation, each point was considered to occupy an area of one-meter square even if there were only a few leaves expressed at that location. This represents a potential for an over-estimation that would likely compensate for any foliage inadvertently missed in the taller non-native grasses. Given the above normal rainfall that occurred early in the 2004-2005 rainfall season and the level of survey effort expended on this resurvey, the Biologist feel that the boundaries are the most up-to-date and accurate locations of the thread-leaved brodiaea. In response to the latest brodiaea data collected on the project site, the applicant conducted an analysis of various reduced project altematives in an attempt to comply with the requirement to impact no more than 5 percent of the population. An altemative was designed that resulted in a 4.9 percent impact to the brodiaea population on-site. The reduced project altemative that was developed included a reduced Lot 1 and the constraction of a retainirig wall along El Camino Real. The wall would be constracted using a tie-back wall design, which requires less grading behind the wall during installation, and less impacts to the brodiaea. Table 1 provides a breakdown of impacts to brodiaea based on this latest design. Biological Resource Existing Impacted Preserved Mitigation Ratio Required Mitigation Acreage Proposed Mitigation Diegan Coastal Sage 5.56 ac 2.66 ac 2.9 ac 2:1 5.32 ac Preservation of 2.9 ac of Scrab (CSS) CSS and conversion of 1.80 ac of non-native grassland to CSS and restoration of .62 acres of manufactured slope to CSS 16 Rev. 07/03/02 Table 1 - Biological Impacts and Mitigation Biological Resource Existing Impacted Preserved Mitigation Ratio Required Mitigation Acreage Proposed Mitigation Valley .43 ac .36 ac .07 ac 3:1 : 1.08 ac Preservation Needlegrass grassland (NG) of .07 acres and conversion of 1.01 acres of NNG to NG w/ brodiaea Non-Native 44.45 ac 30.23 ac 14.22 ac .5:1 15.12 ac Preservation Grassland of 11.41 acres (NNG) and native conversion of 2.81 acres of NNG and restoration of 3.71 acres of NNG to NG. Thread leaved 94,186 sq ft 4,643 sq ft 89,543 sq ft 100% 4,643 sq ft 95.1 % Brodiaea (2.16 ac) (.11 ac) (2.05 ac) conservation (.11 ac) preservation in place (89,543 sq ft; 2.05 acres); transplantation of 4.9 % of impacted population (4,643 sq ft; .11 ac) into open space on site using soil transfer method. Disturbed .03 ac .03 ac 0.0 2:1 .06 Creation of a wetland - - .30 ac basin within Letterbox Canyon to a native wetiand habitat and purchase of .22 ac off-site mitigation credit at the Pilgrim Creek Mitigation Bank (vireo occupied) Non wetland .21 ac .19 ac .02 ac 1:1 .19 ac jurisdictional wetiand The proposed mitigation for the upland vegetation communities is based on the mitigation ratios presented in the HMP. The proposed mitigation for brodiaea is based on language in both the HMP and MHCP regarding this species. The mitigation for impacts to jurisdictional waters was negotiated with the wetiand resource agencies— CDFG and Regional Water Quality Control Board (RWQCB). A CDFG Streambed Alteration Agreement and a RWQCB 401 water quality certification have been issued for this project. A U.S. Army Corps of Engineers (USACE) 404 permh is in process and is pending the approval of the latest project design by the resource agencies. 17 Rev. 07/03/02 A Least Bell's Vireo was identified in an off site white Alder tree located within the future extension of Salk Avenue to the west of the project site. Vireo is a covered species under the HMP. Impacts to Vireo can be avoided by removing the Alder trees and other potential breeding habitat outside the breeding season, which is March 1 through October I. If vegetation must be removed during the breeding season, a pre-constraction clearance survey should be conducted by a qualified biologist to ensure that no nests are located in, or within, a 300-foot :buffer around the proposed project area. A biologist shall monitor all vegetation removal to ensure there are no direct impacts to individual birds." If an active nest is identified, work may need to be postponed until the young are independent from the nest. Impacts to active coastal California gnatcatcher nests can be avoided by removing the Diegan coastal sage scrub within the project area outside the breeding season, which is Febraary 15 to August 31. If vegetation must be removed during the breeding season, a pre-constraction clearance survey should be conducted by a qualified biologist to ensure that no nest are located in, or within, a 200-foot buffer aroimd the proposed footprint. A biologist shall monitor all vegetation removal to ensure there are no direct impacts to individual birds. If an active nest is identified, work may need to be postponed until the young are independent from the nest. AESTHETICS - The project is located along El Camino Real, a designated scenic corridor. The modified project proposes to constract a 44-foot tall retaining wall in lieu of the originally proposed 1 1/2:1 manufactured slope. The purpose of the wall is to preserve the brodiaea which would be less impacted by the retaining wall structure than the slope. To mitigate the negative aesthetics of a tall wall, the wall will be textured and colored to simulate the natural color and stracture of the existing geologic strata. GEOLOGY AND SOILS - The tie-back wall system proposed is a design-build process where the actual soil conditions found during installation dictate the stractural requirements needed for the wall system. The present vertical slopes have been found to be relatively stable over time with very little erosion or mass wasting occurring. 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, Califomia, 92008. , 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01). City of Carlsbad Planning Department. March 1994. 2. Geotechnical Investigation update Fox/Miller Property adiacent and southwesterly of El Camino Real. North of Faradav Avenue. Carlsbad. Califomia. Dated July 6, 2000, Agra Earth & Environmental. 3. Revised Biological technical Report for the Fox Propertv proiect. Carlsbad. Califomia. Dated April 5, 2001, RECON. 4. Revised - Summarv of Revisions to Existing Biological Resources. Proiect Impacts and Proposed Mitigation for Fox-Miller Property (RECON Number 3028-2B), Dated June 29,2005, RECON 18 Rev. 07/03/02 LIST OF MITIGATING MEASURES (IF APPLICABLE) 1. Prior to the issuance of grading permits, the Developer shall submit a habitat restoration plan for review and approval by the City of Carlsbad, USFWS and CDFG. 2. Prior to grading permit issuance, the Developer shall show proof of purchase of .22 ac of off- site wetland mitigation credit at the Pilgrim Creek Mitigation Bank. 3. The Developer shall provide the Wildlife agencies with a proposed landscaping plan for review and approval prior to grading permit issuance. 4. TTie Developer shall implement the mitigation measures adopted in the Mitigated Negative Declaration for Fox/Miller CT 00-20, dated October 22,2002, unless noted otherwise above. 19 Rev. 07/03/02 APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signature ^ 20 Rev. 07/03/02 FILE COPY Citv of Carlsbad Planning Department PLANNING COMMISSION NOTICE OF DECISION November 4, 2004 Ladwig Design Group, Inc. Suite 300 703 Palomar Airport Road Carlsbad, CA 92009 SUBJECT: CT 00-20xl/HDP 00-llxl/SUP 00-10x1 - FOX MILLER PROPERTY At the Plaiming Commission meeting of November 3, 2004, your application was considered. The Commission voted 7-0 to APPROVE your request. The decision of the Planning Commission became final on November 3, 2004. 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 L16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of 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 attomey of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the Plarming Director, Michael J. Holzmiller, Secretary of the Planning Commission, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions regarding the final dispositions of your application, please call the Planning Department at (760) 602-4600. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:VL:aw Enclosed: Planning Commission Resolution No. 5773, 5774, 5775 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us PROOF OF PUBLICATION (2010 & 2011 CCP.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resi the County aforesaid: I am over the age of eightei years and not a party to or interested in the above- entitled matter. I am the principal clerk of the i^ter of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of Califomia, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set i^m^e not smaller than nonpariel), has been pWlished in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: October 21'', 2004 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS Califomia is space is for the-County Clerk's Filing Stamp Proof of Publication of SSIOimiBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your inter-est may be affected tfiat the Planning Commission of the City of Carlsbad will tiold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad Cali-fornia, at 6:00 p.m. on Wednesday, November 03 2004 to consider the following: 8) TENTATIVE MAP (CT 00-20x1), HILLSIDE DEVEL-OPMENT PERMIT (HDP 00-11x1) and SPECIAL USE PERMIT (SUP 00-10x1) - to^request a one-year eirten-sion of time to allow the above applications, located adjacent and west of El .Camino Real, north of Faradav Avenue and south of College Boulevard - FOX MILLER PROPERTY Planning Commission adopted a Mitigated Negative Declaration on September 4, 2002. This proiect is still in compliance with the prior environmental documents. The time within which you mayjudicially chahenge thes^^ projecis, if approved, is established by State law antfor city ordinance, and is very short If you challenge hese projects in court, you may be limited to raising only those issues you or sotrieone else raised at the public hearing described in this notice or in written correspondence de-livered to the City of Carlsbad at or prior to the public hearing. Copies of the environmental docurnents are available at I *e>lannina Department at 1635 F%a<l?y Avenue dun^ ' Ing regularTJUsmess hours from 7:30 am to 5.30 pm Monday through Thursday and 8:00 am to 5:00 pm Friday. Those persons wishing to speak on these proposals are cordlalK invited to attend the public hearing Copies of the staff reports will be available on and after October 27, 2004 If vou have any questions, please call the Plan-ning Department at (760) 602-4600. CITY OF CARLSBAD PLANNING DEPARTMENT NCT 1712535 • October 21, 2004 This Jl!!_Day of October, 2004 mm City of Carlsbad Planning Department NOTICE OF PUBUC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affectecd, that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, November 3, 2004, to consider a request for approval of a one-year extension of time for a Tentative Map, Hillside Development Permit, and Special Use Permit and more particularly described as: That portion of Lot "F" of Rancho Agua Hedionda, County of San Diego, State of California, according to map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896, described in a grant deed recorded August 13, 1992, as Document Number 1992-0512626 Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after October 27, 2004. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-4613. The time within which you may judicially challenge the extension of a Tentative Map, Hillside Development Permit, and Special Use Permit, if approved, is established by State law and/or city ordinance, and is very short. If you challenge the extension of a Tentative Map, Hillside Development Permit, and Special Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: CT 00-20x1/HDP 00-11x1/SUP 00-10x1 CASE NAME: FOX MILLER PROPERTY PUBLISH: OCTOBER 21, 2004 CITY OF CARLSBAD PLANNING DEPARTMENT 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us SITE FOX MILLER PROPERTY CT 00-20x1/HDP 00-11x1/SUP 00-11x1 TR WRISLEY 2080 BASSWOOD AVE CARLSBAD CA 92005 CARLSBAD GATEWAY CENTER LLC PO BOX 256 LA JOLLA CA 92038 TR FINN 18458 GRENACHE ROSE WAY RAMONA CA 92065 BENSON PO BOX 2078 DEL MAR CA 92014 TYCOON DEVELOPMENT CORP 2371 FENTON ST CHULA VISTA CA 91914 TYCOON DEVELOPMENT CORP 2371 FENTON ST CHULA VISTA CA 91914 TR SCHOLL 444 N EL CAMINO REAL 119 ENCINITAS CA 92024 DAVID F RUHNAU 3775 lOTH ST RIVERSIDE CA 92501 RUHNAU & ENGEL D TR PO BOX 7209 RANCHO SANTA FE CA 920 67 TR MEHLER&NIELSON 57 51 PALMER WAY D CARLSBAD CA 92008 TR KOLKER 1635 LA PLAZA DR SAN MARCOS CA 92069 DANIEL W GOLDEN 1030 ROBIN HILL DR SAN MARCOS CA 920 69 TR BATSFORD 5751 PALMER WAY G CARLSBAD CA 92008 KENNETH J & DOROTHY METZGAR 853 MORNING SUN DR ENCINITAS CA 92024 RICHARD T GIBSON 57 31 PALMER WAY B CARLSBAD CA 9200? RUY REAL ESTATE HOLDINGS LP 57 31 PALMER WAY C CARLSBAD CA 92008 WOOD JOHNSON 5731 PALMER WAY D CARLSBAD CA 92008 WOOD JOHNSON 5731 PALMER WAY E CARLSBAD CA 92008 BPRMLLC 1609 SANTA MARGARITA DR FALLBROOK CA 92028 TR MELCHIOR 942 BEGONIA CT CARLSBAD CA 92009 DAVID OSWALD 1891 AVENIDA MIMOSA ENCINITAS CA 92024 ARTHUR & REBECCA BROWN 57 41 PALMER WAY CARLSBAD CA 92008 PALMER WAY LLC 57 41 PALMER WAY CARLSBAD CA 92008 PALMER WAY LLC 57 41 PALMER WAY CARLSBAD CA 92008 DANIELS CABLEVISION INC 5720 EL CAMINO REAL CARLSBAD CA 92008 BARBER BARBER 2416 SONORA CT CARLSBAD CA 92008 BARBER BARBER 2416 SONORA CT CARLSBAD CA 9200? RANCHO MILAGRO LLC 1633 MECCA DR LA JOLLA CA 92037 LEISSA J & DANIEL KALAS 2416 BADGER LN CARLSBAD CA 92008 ROBERT J BRIDGE 2412 BADGER LN CARLSBAD CA 9200? PATRICK & JEANY MCAVOY 5480 FOXTAIL LOOP CARLSBAD CA 92008 CHARLES R & MICHELLE WILMOT 5476 FOXTAIL LOOP CARLSBAD CA 92 008 JAMES L & MARTHA COBURN 5472 FOXTAIL LOOP CARLSBAD CA 92008 ERIC M & JENNIFER LOPER 54 68 FOXTAIL LOOP CARLSBAD CA 92008 RYAN J DAHL 54 63 FOXTAIL LOOP CARLSBAD CA 92008 ROBERT C & LISA OTOOLE 54 67 FOXTAIL LOOP CARLSBAD CA 92008 CHRIS ENGELSMAN 5471 FOXTAIL LOOP CARLSBAD CA 92008 CARLOS A & MARY SANZ 5475 FOXTAIL LOOP CARLSBAD CA 92008 JACK P BERKOWITZ 5479 FOXTAIL LOOP CARLSBAD CA 92008 TR CRAIG 5483 FOXTAIL LOOP CARLSBAD CA 92008 TR MUSGROVE 5487 FOXTAIL LOOP CARLSBAD CA 92008 JOSE E & MERCEDITA DELUNA 5491 FOXTAIL LOOP CARLSBAD CA 92008 ALAN W & DEBRAH BEEKMAN 54 95 FOXTAIL LOOP CARLSBAD CA 92008 STEPHEN W & MICHELE CULLEN 2403 BADGER LN CARLSBAD CA 92008 BOBBY D & MARIA BALOLONG 2407 BADGER LN CARLSBAD CA 92008 ALEXANDER B PEABODY 2411 BADGER LN CARLSBAD CA 92008 MADHUSUDAN 2415 BADGER LN CARLSBAD CA 92008 JUSTIN E & RAYNA MATSUSHITA 2419 BADGER LN CARLSBAD CA 92008 TR DUTTA 2423 BADGER LN CARLSBAD CA 9200? JOHN & DALYS STEVENSON 54 99 FOXTAIL LOOP CARLSBAD CA 92008 GERALD G MACLELLAN 5503 FOXTAIL LOOP CARLSBAD CA 92008 ANDREA C DEROZE 5507 FOXTAIL LOOP CARLSBAD CA 9200? SANDRA L & STEVEN FAIRCHILD 5311 FOXTAIL LOOP CARLSBAD CA 92008 VALERIE G SLOKA 5515 FOXTAIL LOOP CARLSBAD CA 9200? BRENDA L DODD 5519 FOXTAIL LOOP CARLSBAD CA 9200? DAVID M ROSS 5523 FOXTAIL LOOP CARLSBAD CA 9200 8 XIAODONG LI 5527 FOXTAIL LOOP CARLSBAD CA 9200? DANIEL M & TRACY REYNOLDS 5531 FOXTAIL LOOP CARLSBAD CA 92008 DONGJIE WANG 5535 FOXTAIL LOOP CARLSBAD CA 92008 DAVID & KIRSTEN BLAZEK 5539 FOXTAIL LOOP CARLSBAD CA 92008 ATTILA & KATHY SZABO 1230 CALLE CHRISTOPHER ENCINITAS CA 92024 SHAIN WONG 5547 FOXTAIL LOOP CARLSBAD CA 92008 EDGAR R & YOLANDA SILVA 5551 FOXTAIL LOOP CARLSBAD CA 92008 CRYSTAL S ROBINSON- PI PERSBURGH 5555 FOXTAIL LOOP CARLSBAD CA 92008 CHARLES F & CAROLYN BUTLER 5559 FOXTAIL LOOP CARLSBAD CA 92008 ROSS D & BARBARA MCCRIGHT 5563 FOXTAIL LOOP CARLSBAD CA 92008 RAUL A & MARY CUDAL 5567 FOXTAIL LOOP CARLSBAD CA 92008 SAEID MARASHI 5571 FOXTAIL LOOP CARLSBAD CA 92008 WILLIAM & DAWN FARINGHY 5575 FOXTAIL LOOP CARLSBAD CA 92008 CRAIG A & ALISON CATILUS 557 9 FOXTAIL LOOP CARLSBAD CA 92008 FRANK ANZURES 5583 FOXTAIL LOOP CARLSBAD CA 92008 RAMESH G PUROHIT 5587 FOXTAIL LOOP CARLSBAD CA 92008 LIANG DAI 5591 FOXTAIL LOOP CARLSBAD CA 92008 DEAN A & DARIA ROULLIER 5595 FOXTAIL LOOP CARLSBAD CA 92008 CHANG D HAN 5599 FOXTAIL LOOP CARLSBAD CA 92008 FRANZ J AMORSOLO 5603 FOXTAIL LOOP CARLSBAD CA 92008 RAMESH DORAISWAMY 5607 FOXTAIL LOOP CARLSBAD CA 92008 MICHAEL A & LYNN lOVINO 5611 FOXTAIL LOOP CARLSBAD CA 92008 HANG ZHAO 5615 FOXTAIL LOOP CARLSBAD CA 92008 MICHAEL R & JULIE BEATTY 5619 FOXTAIL LOOP CARLSBAD CA 92008 JAMES P & ELIZABETH WITKOWSKI 5620 FOXTAIL LOOP CARLSBAD CA 92008 FRANZ M KROELLIAN 5616 FOXTAIL LOOP CARLSBAD CA 92008 RODNEY L & BARBARA LAMOND 5612 FOXTAIL LOOP CARLSBAD CA 92008 DAVE & LISA MOLNAR 5608 FOXTAIL LOOP CARLSBAD CA 92008 HOWARD L & JEANNE MERRILL 5604 FOXTAIL LOOP CARLSBAD CA 92008 MICHAEL A SOWRIERAJAN 5 600 FOXTAIL LOOP CARLSBAD CA 92 008 MATTHEW A & HEATHER VIOTTO 557 6 FOXTAIL LOOP CARLSBAD CA 92008 TR PACHECO 67 01 BARBERRY PL CARLSBAD CA 92009 ALBERT K & GRETA KIM 5568 FOXTAIL LOOP CARLSBAD CA 92008 VICTOR L CHAO 55 64 FOXTAIL LOOP CARLSBAD CA 92008 TR DRIPPS 5315 AVENIDA ENCINAS CARLSBAD CA 92008 DONALD W & JUANITA RISELING 5556 FOXTAIL LOOP CARLSBAD CA 92 008 HSIU L BLEHM 5552 FOXTAIL LOOP CARLSBAD CA 9200? GREG MATTHEWS 5548 FOXTAIL LOOP CARLSBAD CA 92008 JAMES J CAREK 5544 FOXTAIL LOOP CARLSBAD CA 92008 PATRICIA GUNN 5536 FOXTAIL LOOP CARLSBAD CA 92OOE VICTORIA M CHANG 5532 FOXTAIL LOOP CARLSBAD CA 92008 CHRISTOPHER TONG 5528 FOXTAIL LOOP CARLSBAD CA 92008 LOREN D & MELINDA PINKERTON 5524 FOXTAIL LOOP CARLSBAD CA 92008 MARK & LISA BEVERIDGE 5520 FOXTAIL LOOP CARLSBAD CA 92008 LUIS P & MARIA RESURRECCION 5516 FOXTAIL LOOP CARLSBAD CA 92008 CHAI M CHOW PO BOX 18071 ALBUQUERQUE NM 87185 MASAKI & JOY HANAWA 5508 FOXTAIL LOOP CARLSBAD CA 92008 PAUL D & LYNN HARRIS 5504 FOXTAIL LOOP CARLSBAD CA 92008 C B & KRISTEN PRUETT 5500 FOXTAIL LOOP CARLSBAD CA 92008 DAVID C & KAREN ABRAHAMSON 5497 COYOTE CT CARLSBAD CA 92008 WILLIAM L & ANNE SCHMIDT 5501 COYOTE CT CARLSBAD CA 92008 MOSTAFA & AZAR BASTANFAR 5505 COYOTE CT CARLSBAD CA 92008 ANA V SMITH 5509 COYOTE CT CARLSBAD CA 92008 BRIAN & STEPHANIE RAMSEIER 5513 COYOTE CT CARLSBAD CA 92008 SUDHESH M MYSORE 5517 COYOTE CT CARLSBAD CA 92008 BRUCE W & DONNA KAPLAN 5521 COYOTE CT CARLSBAD CA 92008 RAYMOND D & ADELA LINDEMAN 5525 COYOTE CT CARLSBAD CA 92008 MARTIN G & JENNIFER WOODFORD 5529 COYOTE CT CARLSBAD CA 92008 RUSSELL C & SUSAN HOLMES 5533 COYOTE CT CARLSBAD CA 92 008 ANN D ALLEN 5541 COYOTE CT CARLSBAD CA 9200? HENRY L & PEGGY SANCHEZ 5545 COYOTE CT CARLSBAD CA 92008 LAWRENCE A & DONNA BILEK 5549 COYOTE CT CARLSBAD CA 92008 NEAL R HOSS 5553 COYOTE CT CARLSBAD CA 9200? MARTIN E & MARILYN GOLD 5557 COYOTE CT CARLSBAD CA 92008 JOSEPH M LAUER 5561 COYOTE CT CARLSBAD CA 92 00? JERRY & MARGARET PASTOR 5565 COYOTE CT CARLSBAD CA 92008 TR ABBOTT 5569 COYOTE Ct CARLSBAD CA 9200? TERRACES AT SUNNY CREEK LLC 200 6 PALOMAR AIRPORT RD 113 CARLSBAD CA 92008 TERRACES AT SUNNY CREEK LLC 2006 PALOMAR AIRPORT RD 113 CARLSBAD CA 92008 TERRACES AT SUNNY CREEK LLC 2006 PALOMAR AIRPORT RD 113 CARLSBAD CA 92008 OPERATING ARCHSTONE-SMITH 7670 S CHESTER ST 100 ENGLEWOOD CO 80112 FENTON CARLSBAD RESEARCH CENTER 7588 METROPOLITAN DR SAN DIEGO CA 92108 MICHAEL SALOUR 2330 FARADAY AVE CARLSBAD CA 92008 BIOPLEX LLC 12520 HIGH BLUFF DR SAN DIEGO CA 92130 DREC 0311 LLC 4250 EXECUTIVE SQ 400 LA JOLLA CA 92037 ISIS PHARMACEUTICALS INC 2280 FARADAY AVE CARLSBAD CA 92008 ISIS PHARMACEUTICALS INC 228 0 FARADAY AVE CARLSBAD CA 92008 ISIS PHARMACEUTICALS INC 2280 FARADAY AVE CARLSBAD CA 92008 PLMS HOLDINGS INC 2304 FARADAY AVE CARLSBAD CA 92008 LORI M SIMPSON 2317 SAN ELIJO AVE CARDIFF CA 92007 DOUGLAS G SIMPSON 5800 ARMADA DR 101 CARLSBAD CA 92008 FARADAY COURT OWNERS ASSOCIATION 8525 GIBBS DR 200 SAN DIEGO CA 92123 BTINVLLC PO BOX 26309 SAN DIEGO CA 92196 PACIFIC CARLSBAD ONE L P 3838 CAMINO DEL RIO N 300 SAN DIEGO CA 92108 PACIFIC CARLSBAD ONE L P 3838 CAMINO DEL RIO N 300 SAN DIEGO CA 92108 E Q B P-1 LLC 800 SILVERADO ST 300 LA JOLLA CA 92037 T M G PROPERTY & T M G L P 475 W BRADLEY AVE EL CAJON CA 92020 T M G PROPERTY & T M G L P 475 W BRADLEY AVE EL CAJON CA 92020 T M G PROPERTY & T M G L P 475 W BRADLEY AVE EL CAJON CA 92020 DEI LLC PO BOX 1388 VISTA CA 920? DEI LLC PO BOX 1388 VISTA CA 920? A notice has been mailed to ali property owners/occupants Signature:. NOTI^OF PUBLIC HEARING COUNTYAERK Mail to: County Clerk, County of San Die^Mailstop 833, PO Box 121750, San Diego, cl^2112 Julv 17. 2002 Public Hearing Date: _ Public Hearing Place: 1200 CARLSBAD VILLAGE DRIVE. CARLSBAD. CALIFORNIA. 92008 Public Hearing Time: 6:00 p.m. Response must be received by: Julv 17. 2002 i Project Title: Fox/Miller Propertv - GPA 00-05/ZC 0-07/CT 00-20/ PIP 00-02/ HDP 00-11/ SUP 00-10 Lead Agencv: CITY OF CARLSBAD - PLANNING Contact Person Street Address: 1635 FARADAY AVENUE Phone: (7601 602-4613 City: CARLSBAD Zip: 92008 Van Lvnch County: SAN DIEGO COUNTY rr (. PROJECT LOCATION: County: SAN DIEGO COUNTY City/Nearest Community: CITY OF CARLSBAD Cross Streets: El Camino Real and Faradav Total Acres: 53.65 212-020-23 Assessor's Parcel No. Within 2 Miles: State Hwy #: L5_ Airports: McCLELLAN/PALOMAR Section:. Twp.. Range:. Waterways: Railways: NCTD Base: Agua Hedionda Spanish land grant Agua Hedionda Laggoon Schools: Kellv Elem ENVIRONMENTAL DOCUMENT: CEQA: • • • NOP Early Cons Neg Dec Draft EIR I I Supplement/Subsequent • EIR (Prior SCH No.) • Other: LOCAL ACTION TYPE: •General Plan Update • ^General Plan Amendment Fl •General Plan Element • OZone Code Amendment Q Specific Plan Master Plan Planned Unit Development Site Plan IXl Rezone • Use Permit ^ Land Division (Subdivision, Parcel Map, Tract Map, etc.) I I Annexation I I Redevelopment I I Coastal Pemiit I I Other: Hillside dev permh DEVELOPMENT TYPE: QResidential: Units •office: Sq. Ft.. •commercial: Sq. Ft.. •industrial: Sq. Ft.. •Recreational: Acres Acres Acres Acres 53.65 PROJECT ISSUES DISCUSSED IN DOCUMENT: ^Aesthetic/Visual • •Agricultural Land • •Air Quality ^ I I Archaeological/Historical I I •coastal Zone • ^Drainage/Absorption I I •Economic/Jobs • •Fiscal • Flood Plain/Flooding Forest Land/Fire Hazard Geological/Seismic Minerals Noise Population/Housing Balance Public Services/Facilities Recreation/Parks I I Schools/Universities ^ r~i Septic Systems • • Sewer Capacity ^ ^ Soil Erosion/Compaction/Grading • • Solid Waste • 1 i Toxic/Hazardous ^ ^ Traffic/Circulation • ^ Vegetation • Water Quality Water Supply/Ground Water Wetland/Riparian Wildlife Growth Inducing Land Use Cumulative Effect Other: Present Land Use/Zoning/General Plan Use Vacant / Unplanned area (non-residential reserve)/ Planned Industrial Project Description: The subdivision and grading of a 53.65-acre parcel into a five lot industrial subdivision with one open space lot. The General Plan Amendment is to change the land use designation from Unplaimed Area to Plarmed Industrial and to adjust the boimdary of the Open Space designation based on a biological survey ofthe property. The existing zoning of Limited Control is proposed to be changed to Planned Industrial to conform to the Plarmed Industrial land use designation. Where documents are located for Public Review: Community Development Center, 1635 Faraday Avenue, Carlsbad, CA 92008 February 2000 FILED !N rmomiXOF fHEaXJNTrOPRi? SANDSmocoVNTYm JUN 2 6 2002 KETURNEDl'G ApENCY ON ^^^L 2 6 2002 DEPUTY -^'^'^ • STATE OF CALIFORNIA - THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT DFG 7S3.5a (6-01) col 0 0 LgaiAgency: C t HLQ|- Ldr\^b/lA. , Date: //-/^ "6^ ^ounty^State Agency of Filing: (XA\^ \) i ^J^JO Document No.: 0113 ^ Project Title: Project Applicant Name: UadtUi^ Pe^'l^n ^3>an>Lp Phone'^fefcen ^3K '.^/^ Project Applicant Address: "l^l^ 'P^(Jynflj>^^i>-pd/rf jSu-c'h6^6gjCnrl^^//i iC'k^^CCR Project Applicant (check appropriate box): Local Public Agency \^ School District [^J Other Special District State Agency Private Entity CHECK APPLICABLE FEES: ( ) Environmental Impact Report $850.00 $ Negative Declaration $1,250.00 $ / o? ~ { ) Application Fee Water Diversion (State Water Resources Control Board Only) $850.00 $ ( ) Projects Subject to Certified Regulatory Programs $850.00 $ County Administrative Fee $25.00 $ ^^f} ~~ { ) Project that is exempt from fees ^ TOTAL RECEIVED $ loi 10 ~ Signature and title of person receiving payment: /-) TOTAL RECEIVED $ ICA PINK/LEAD AGENCY GOLCENROD-STATE AGENeV o WHITE-PROJECT APPLICANT YELLOW-DFG/FASB PINK/LEAD AGENCY GOUDENROD-STATE AGENeY OF FILING Notice of Deteilfciiiatioii 01137 1 To: Office of Planning and Resear(|;h: P.O. Box 3044 \ - Sacramento, CA 95812 County Clerk County of San Diego Mailstop 833, Attn: Wendy PO Box 121750 San Diego, CA 92112-1750 GijrY OF CARLSBAD Planning Department 1635 Faraday Avenue Carlsbad, CA 92009 (760) 602-4^ [] [L^ Gregay J."Smi(h, Recoitiei/County ^ NOV 1 4 2002 Project No: GPA 00-05/ZC 00-07/CT 00-20/PIP 00-02/HDP 00-11/SUP 00-10 Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. FOX/MILLER PROPERTY "DEPUTY Project Title 2001102149 City of Carlsbad, Van Lynch (760) 602- 4613 State Clearinghouse No. Lead Agency, Contact Person Telephone Number West of El Camino Real between College and Faraday, Carlsbad, San Diego County, CA Project Locations (include County) Name of Applicant: Ladwig Design Group Applicant's Address: 703 Palomar Airport Rd, Suite 300, Carlsbad CA 92009 Applicant's Telephone Number: (760) 438-3182 Project Description: The subdivision and grading of a 53.65-acre parcel into a five lot industrial subdivision with one open space lot. The General Plan Amendment is to change the land use designation from Unplanned Area to Planned Industrial and to adjust the boundary of the Open Space designation based on a biological survey of the property. The existing zoning of Limited Control is proposed to be changed to Planned Industrial to conform to the Planned Industrial land use designation. This is to advise that the City of Carlsbad has approved the above described project on November 5, and has made the following determination regarding the above described project. 1. The project will not have a significant effect on the environment 2. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures were made a condition of the approval of the project. 4. A statement of Overriding Considerations was not adopted for this project. 5. Findings were made pursuant to the provisions of CEQA. This is to certify that the final Mitigated Negative Declaration with comments and responses and record of project approval is available to the General Public at THE CITY OF CARLSBAD. CHAEL J. HQfc^MlilER, Plannii ll MICHAEL J. HOLZMILLER, Planning Director Date received for filing at OPR: Date Revised December 2001 Citv of Carlsbad Planning Department MITIGATED NEGATIVE DECLARATION Project Address/Location: Project Description: West of El Camino Real, between College Ave and Faraday Avenue and east of Salk Avenue. Property is identified as APN 212-020-23 General Plan Amendment from Unplanned Area to Planned Industrial and adjust existing Open Space designation. Zone Change from Limited Control to Planned Industrial, Tentative Tract Map, Hillside Development Permit, Special Use Permit, and Planned Industrial Permit to subdivide and grade 53.65 acres of land into four lots for industrial uses and one open space lot. The City of Carlsbad has conducted an enviromnental review of the above described project pursuant to the Guidelines for Implementation of the Califomia Envirormiental 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 in light of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Mitigated Negative Declaration with supportive documents is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, Cahfomia 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 20 days of date of issuance. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-4613. DATED: JANUARY 23, 2002 CASE NO: GPA 00-05/ZC 00-07/CT 00-20/SUP 00-10/HDP OO-U/PIP 00-02 CASE NAME: FOX/MILLER PROPERTY PUBLISH DATE: JANUARY 23, 2002 M: CHAELJ Planning Director 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council cf the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, October 22, 2002, to consider a request for the adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and the approval of a General Plan Amendment and Zone Change to develop a 53.65 acre parcel and create a five lot Industrial subdivision on property located adjacent and west of El Camino Real, north of Faraday Avenue and south of College Boulevard in Local Facilities Management Zone 5 and more particularly described as: That portion of Lot "F" of Rancho Agua Hedionda, County of San Diego, State of California, according to map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896, described in a grant deed recorded August 13, 1992, as Document Number 1992-0512626, and a portion of Parcel 3 of Parcel Map 17830, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, March 21, 1997 as file number 97-129122. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after Friday, October 18, 2002. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-4613. If you challenge the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment and/or Zone Change in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, California 92008, at or prior to the public hearing. CASE FILE: GPA 00-05/ZC 00-07 CASE NAME: FOX/MILLER PROPERTY PUBLISH: SATURDAY, OCTOBER 12, 2002 CITY OF CARLSBAD CITY COUNCIL if FOX MILLER PROPERTY GPA 00-05/ZC 00-07 Srnooth Feec Sheets'^'^ CARLSBAD UNIF SCHOOL DIST 801 PINE AVE CARLSBAD CA 92008 CITY OF ENCINITAS 505 S VULCAN AVE ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA PO 80X1988 VISTA CA 92085 SD COUNTY PLANNING STEB 5201 RUFFIN RD SAN DIEGO CA 92123 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 2730 LOKER AVE WEST CARLSBAD CA 92008 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 AIR POLLUTION CNTRL DIST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 BOB LADWIG STE 300 703 PALOMAR AIRPORT RD CARLSBAD CA 92009 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 MILLER GLOBAL c/o SZA REAL ESTATE STE 350 1900 MAIN ST IRVINE CA 92614 CITY OF CARLSBAD PUBLIC WORKS/COMMUNITY SERVICES CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT CITY OF CARLSBAD MUNICIPAL WATER DISTRICT CITY OF CARLSBAD PROJECT PLANNER VAN LYNCH 0/07/2002 Address Labels Laser 5160® Srr.oot- '^eec Sheets"'"'^' WRISLEY 1990 FAMILY TRUST 2080 BASSWOOD AVENUE CARLSBAD CA 92008 BROOKWOOD CARLSBAD REALTY INVESTMENTS 55 TOZER ROAD BEVERLY MA 01915 JAMES T FINN 5601 PALMER WAY CARLSBAD CA 92008 BRANDON H WANDER PO BOX 2014 DEL MARC A 92014 TYCOON DEVELOPMENT CORPORATION 2371 FENTON STREET CHULA VISTA CA 91914 LEONARD M & LILLIAN R SCHOLL TRUST NO 119 444 NORTH EL CAMINO REAL ENCINITAS CA 92024 DAVID F RUHNAU 3775 lOTH STREET RIVERSIDE CA 92501 RUHNAU FAMILY TRUST 10-03-78 3775 1 OTH STREET RIVERSIDE CA 92501 CRAIG H NIELSON SUITE D 5751 PALMER WAY CARLSBAD CA 92008 CARL RAYMOND KOLKER ET AL 1635 LA PLAZA DRIVE SAN MARCOS CA 92069 DANIEL W GOLDEN 1030 ROBIN HILL DRIVE SAN MARCOS CA 92069 PALOMAR REPROGRAPHICS INC SUITE G 5751 PALMER WAY CARLSBAD CA 92008 KENNETH J & DOROTHY REVOCABLE FAMILY TRUST 853 MORNING SUN DRIVE ENCINITAS CA 92024 J METZGAR RICHARD T GIBSON SUITE B 5731 PALMER WAY CARLSBAD CA 92008 CHANG S & SEUNG K RYU 2902 MANGUA PLACE CARLSBAD CA 92009 JOHNSON REVOCABLE FAMILY TRUST SUITE D 5731 PALMER WAY CARLSBAD CA 92008 BPRM LLC 1609 SANTA MARGARITA FALLBROOK CA 92028 MELCHIOR 1990 FAMILY TRUST 942 BEGONIA COURT CARLSBAD CA 92009 DAVID J OSWALD SUITE A 5741 PALMER WAY CARLSBAD CA 92008 ARTHUR & REBECCA T BROWN TPJJST SUITE B 5741 PALMER WAY CARLSBAD CA 92008 PALMER WAY LLC SUITE C 5741 PALMER WAY CARLSBAD CA 92008 PALMER WAY LLC SUITE D 5741 PALMER WAY CARLSBAD CA 92008 BILL L DANIELS NO 500 3200 CHERRY CREEK SOUTH DRIVE DENVER CO 80209 MABEL BARBER TRUST 2416 SONORA COURT CARLSBAD CA 92008 VIXA INVESTMENTS, LLC C/O XAVIER SUSTAETA PO BOX 9177 LA JOLLA CA 92037 RYLAND HOMES SUITE 200 5740 FLEET STREET CARLSBAD CA 92008 RHONE INC SUITE 201 7204 GLEN FOREST DRIVE RICHMOND VA 23226 TERRACES AT SUNNY CREEK ATTN CHRIS DAHRLING SUITE 113 2006 PALOMAR AIRPORT ROAD CARLSBAD CA 92009 WILLIAM T & AGNES MIHOLICH TROT 4471 COASTLINE AVENUE CARLSBAD CA 92008 GORDON B FOX 1500 VIA ARCO PALOS VERDES ESTATES CA 90274 Ac Carers Labels 5160® DEAN MILLER FLUOR CORP 1 ENTERPRISE DRIVE ALISO VIEJO CA 92656 SALOUR TRUST 2330 FARADAY AVENUE CARLSBAD CA 92008 DIANE SAIKHON TRUST 8456 WESTWAY DRIVE LA JOLLA'JA 92037 BIOFLEX LLC SUITE 275 12520 HIGH BLUFF DRIVE SAN DIEGO CA 92130 ISIS PHARMACEUTICALS INC 2280 FARADAY AVENUE CARLSBAD CA 92008 CPS PRINTING 2304 FARADAY AVENUE CARLSBAD CA 92008 LORI M SIMPSON 2317 SAN ELIJO AVENUE CARDIFF CA 92007 CARLSBAD RESEARCH CENTER 7330 ENGINEER ROAD SAN DIEGO CA92111 BTINV LLC PO BOX 26309 SAN DIEGO CA 92196 I&G FARADAY INC 1111 PASQUINELLI DRIVE WESTMONT IL 60559 PURITAN-BENNETT CORPORATION 675 JAMES S MCDONNELL BOULEVARD HAZELWOOD MO 63042 TMG PROPERTY 475 WEST BRADLEY AVENUE EL CAJON CA 92020 U JOO LUC PROOF OF PUBLICATION (2010 & 2011 C.*?.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of Califomia, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 0^ I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at This Of San Marcos 19th Califomia day August, 2002 Signature NORTH COUNTY TIMES Legal Advertising Proof of Publication of NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your inter-e'fmay be affected, that the Planning Commission of the City of Carlsbad wiii hold a public hearing at the Counc f Chambers, 1200 Carlsbad ViHage Dnve Ca ls-bad, California, at 6;00 p.m, on Wednesday, July 17, consider a request for the recommendation of adoption of a Sgated>Jegative Declaration and Mitigation Moni-toring and Reporting Program and the recommendation ol approval for a General . , Plan Amendment and Zone Change and the approval of a Tentative Tract Map, Planned . „ „•. „„j Industrial Permit, Hillside Development Permit^ and Special Use Permit to subdivide and grade a 53.65 acre Sarcel to create a five lot Industnal subdivision located adjacent and west of El Camino Real, north of Faraday Avenue and south of College Boulevard In Local Facin-ttes Management Zone 5 and more particularly de- fhat pirtfon of lot "F of Rancho Agua Hedionda, Coun-tv of San Diego, Stafe of Califom^, according to map fiereof N0.I23, filed in the office of the Coun^ Recorder of San Diego County November 16.18^ d^ scribed in a grant deed recorded August 13, 1992 as Document Number 1992-0512626 and a POftion of Par-cel 3 of Parcel Map 17830 in he City of Cartebad, County of San Diego, State of California, Wed In the Of-liTce of the County Recorder of San Diego County, March 21 1997 as file number 97-129122 Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be avai able on and after July 11, 2002. If you have any questions, p ease call van Lyncn in the Planning Department at (760) 602-4613. The time within wfiich you may (udiciaHy challenge this General Plan Amendment and Zone Change and the approval of a Tentative Tract Map, PlanneJ Industrial Permit Hillside Development Permit, and Special Use pIrS ; rt approved, is established by state Taw and/or city ordinance, and Is veiy short. If you chaltenge he General Plan Amendment and Zone Change and the approval of a Tentative Tract Map, Planned Industrial Permit, Hillside Development Permit, and Special Use Permit in court, you may be limited to raising only those Sues you or someone else raised at the public fieanng described in this notice or In written correspondence de-livlred to the City of Carlsbad at or pnor to the public CASE^ILE- GPA 00-05/ZC 00-07/CT OD-20/SUP OO-10/HDPOD-11/PIP 00-02 CASE NAME: FOX/MILLER PROPERTY CIT^^OFVARLSBAD^^^^^ DEPARTMENT # • FILE COF Citv of Carlsbad Planning Department NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, July 17, 2002, to consider a request for the recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and the recommendation of approval for a General Plan Amendment and Zone Change and the approval of a Tentative Tract Map, Planned Industrial Permit, Hillside Development Permit, and Special Use Permit to subdivide and grade a 53.65 acre parcel to create a five lot industrial subdivision located adjacent and west of El Camino Real, north of Faraday Avenue and south of College Boulevard in Local Facilities Management Zone 5 and more particularly described as: That portion of Lot "F" of Rancho Agua Hedionda, County of San Diego, State of California, according to map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896, described in a grant deed recorded August 13, 1992, as Document Number 1992-0512626, and a portion of Parcel 3 of Parcel Map 17830, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, March 21, 1997 as file number 97- 129122 Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after July 11, 2002. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-4613. The time within which you may judicially challenge this General Plan Amendment and Zone Change and the approval of a Tentative Tract Map, Planned Industrial Permit, Hillside Development Permit, and Special Use Permit, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the General Plan Amendment and Zone Change and the approval of a Tentative Tract Map, Planned Industrial Permit, Hillside Development Permit, and Special Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: GPA 00-05/ZC 00-07/CT 00-20/SUP 00-10/HDP 00-11/PIP 00-02 CASE NAME: FOX/MILLER PROPERTY PUBLISH: JULY 5, 2002 CITY OF CARLSBAD PLANNING DEPARTMENT 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us FOX MILLER PROPERTY GPA 00-05/ZC 00-07/CT 00-20/ PIP 00-02/HDP 00-11/SUP 00-10 Smooth Feed Sheets™ WRISLEY 1990 FAMILY TRUST 2080 BASSWOOD AVENUE CARLSBAD CA 92008 Use temolatp 'c BROOKWOOD CARLSBAD REALTY INVESTMENTS 55 TOZER ROAD BEVERLY MA 01915 JAMES T'FINN 5601 PALMER WAY CARLSBAD CA 92008 BRANDON H WANDER PO BOX 2014 DEL MAR CA 92014 TYCOON DEVELOPMENT CORPORATION 2371 FENTON STREET CHULA VISTA CA 91914 LEONARD M & LILLIAN R SCHOLL TRUST NO 119 444 NORTH EL CAMINO REAL . ENCINITAS CA 92024 DAVID F RUHNAU 3775 lOTH STREET RIVERSIDE CA 92501 RUHNAU FAMILY TRUST 10-03-78 3775 lOTH STREET RIVERSIDE CA 92501 CRAIG H NIELSON SUITE D 5751 PALMER WAY CARLSBAD CA 92008 CARL RAYMOND KOLKER ET AL 1635 LA PLAZA DRIVE SAN MARCOS CA 92069 DANIEL W GOLDEN 1030 ROBIN HILL DRIVE SAN MARCOS CA 92069 PALOMAR REPROGRAPHICS INC SUITE G 5751 PALMER WAY CARLSBAD CA 92008 KENNETH J & DOROTHY REVOCABLE FAMILY TRUST 853 MORNING SUN DRIVE ENCINITAS CA 92024 J METZGAR RICHARD T GIBSON SUITE B 5731 PALMER WAY CARLSBAD CA 92008 CHANG S & SEUNG K RYU 2902 MANGUA PLACE CARLSBAD CA 92009 JOHNSON REVOCABLE FAMILY TRUST SUITE D 5731 PALMER WAY CARLSBAD CA 92008 BPRM LLC 1609 SANTA MARGARITA FALLBROOK CA 92028 MELCHIOR 1990 FAMILY TRUST 942 BEGONIA COURT CARLSBAD CA 92009 DAVID J OSWALD SUITE A 5741 PALMER WAY CARLSBAD CA 92008 ARTHUR & REBECCA T BROWN TRUST SUITE B 5741 PALMER WAY CARLSBAD CA 92008 PALMER WAY LLC SUITE C 5741 PALMER WAY CARLSBAD CA 92008 PALMER WAY LLC SUITE D 5741 PALMER WAY CARLSBAD CA 92008 BILL L DANIELS NO 500 3200 CHERRY CREEK SOUTH DRIVE DENVER CO 80209 MABEL BARBER TRUST 2416 SONORA COURT CARLSBAD CA 92008 VIXA INVESTMENTS, LLC C/O XAVIER SUSTAETA PO BOX 9177 LA JOLLA CA 92037 RYLAND HOMES SUITE 200 5740 FLEET STREET CARLSBAD CA 92008 RHONE INC SUITE 201 7204 GLEN FOREST DRIVE RICHMOND VA 23226 TERRACES AT SUNNY CREEK ATTN CHRIS DAHRLING SUITE 113 2006 PALOMAR AIRPORT ROAD CARLSBAD CA 92009 WILLIAM T & AGNES MIHOLICH TRUST 4471 COASTLINE AVENUE CARLSBAD CA 92008 GORDON B FOX 1500 VIA ARCO PALOS VERDES ESTATES CA 90274 5 iO DEAN MILLER FLUOR CORP 1 ENTERPRISE DRIVE ALISO VIEJO CA 92656 SALOUR TRUST 2330 FARADAY AVENUE CARLSBAD CA 92008 DIANE SAIKHON TRUST 8456 WESTWAY DRIVE LA JOLLA CA 92037 BIOFLEX LLC SUITE 275 12520 HIGH BLUFF DRIVE SAN DIEGO CA 92130 ISIS PHARMACEUTICALS INC 2280 FARADAY AVENUE CARLSBAD CA 92008 CPS PRINTING 2304 FARADAY AVENUE CARLSBAD CA 92008 LORI M SIMPSON 2317 SAN ELIJO AVENUE CARDIFF CA 92007 DOUGLAS G SIMPSON 5800 ARMADA DRIVE CARLSBAD CA 92008 CARLSBAD RESEARCH CENTER 7330 ENGINEER ROAD SAN DIEGO CA92111 BTINV LLC PO BOX 26309 SAN DIEGO CA 92196 I&G FARADAY INC 1111 PASQUINELLI DRIVE WESTMONT IL 60559 PURITAN-BENNETT CORPORATION 675 JAMES S MCDONNELL BOULEVARD HAZELWOOD MO 63042 TMG PROPERTY 475 WEST BRADLEY AVENUE EL CAJON CA 92020 CARLSBAD ASSOCIATES NO 1 SUITE 420 840:)SIEWPORT CENTER DRIVE NEWPORT BEACH CA 92660 LP A notice has been mailed to all property owners/occupants listed herein. Date: "H- Signature XJSii-UC- D6f.- UIOOLUC I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER FOX/MILLER PROPERTY GPA 00-05/ ZC 00-07/ CT 00-20/ SUP 00-10/HDP 00-11/ PIP 00-02 APPLICANT OR APPLICANT'S REPRESENTATIVE BY DATE: RECEIVED BY DATE: RECEIVED JUN 1 2 2002 CITY OF CARLSBAD PLANNING DEPT. NOTICE OF COMPLETION L Saci Mail to: State Clearinghouse, P. O. Box 3044,^cramento, CA 95812 - (916) 445-0613 Project Title: FOX/MILLER PROPERTY GPA 00-05/ZC 00-07/CT 00-20/PIP 00-02/HDP 00-11/SUP 00-10 Lead Agency: CITY OF CARLSBAD Contact Person: Van Lynch See NOTE Below: SCH # 2001102149 Street Address: 1635 FARADAY AVENUE Phone: (760) 602-4613 Citv: CARLSBAD Zip: 92008 County: SAN DIEGO COUNTY PROJECT LOCATION: County: San Diego City/Nearest Community: Carlsbad Cross Streets: El Camino Real/College Total Acres: 53.65ac Assessor's Parcel No. 212-020-23-00 Section: N/A Twp. N/A Range: N/A Base: N/A - Agua Hedionda Spanish Land Grant Within 2 Miles: State Hwy #: 1-5 Waterways: Agua Hedionda Creek/Lagoon Airports: McCLELLAN/PALOMAR Railways: NCTD Schools: Kellev Elementary DOCUMENT TYPE: CEQA: • NOP I I Early Cons ^ Neg Dec - recirculated • Draft EIR I I Supplement/Subsequent • EIR (Prior SCH No.) • Other: NEPA: • NOI • EA • Draft EIS • FONSI OTHER: • Joint Document n Final Document • Other: LOCAL ACTION TYPE: I I General Plan Update Q Specific Plan ^ General Plan Amendment Q MasterPlan |~| General Plan Element Q Planned Unit Development • Community Plan Q Site Plan ^ Rezone I I Prezone ^ Use Permit ^ Land Division (Subdivision, Parcel Map, Tract Map, etc.) I j Annexation I I Redevelopment I I Coastal Permit • Other: Hillside Dev. Permit DEVELOPMENT TYPE: Residential: Units Acres • Water Facilities: Tvpe MGD Office: Sq. Ft. Acres Employees • Transportation: Type Commercial: Sq. Ft. Acres Employees • Mining: Mineral Industrial: Sq. Ft. Acres 53.65 Employees •• Power: Tvpe Watts Educational: Sq. Ft. Employees •• Waste Treatment: Type Recreational: -•• Hazardous Water: Other: Type PROJECT ISSUES DISCUSSED IN DOCUMENT: m Aesthetic/Visual • Flood Plain/Flooding • Schools/Universities • Water Quality • Agricultural Land • Forest Land/Fire Hazard • Septic Systems • H2O Supply/Ground H2O • Air Quality m Geological/Seismic • Sewer Capacity m Wetland/Riparian m Archaeological/Historical • Minerals m Soil Erosion/Compaction/Grading • Wildlife • Coastal Zone m Noise • Solid Waste • Growth Inducing • Drainage/Absorption • Population/Hsg. Balance • Toxic/Hazardous Land Use • Economic/Jobs • Public Services/Facilities • m Traffic/Circulation • Cumulative Effect • Fiscal • Recreation/Parks • m Vegetation • Other: Present Land Use/Zoning/General Plan Use Vacant/Limited Control/Non-Residential Reserve Project Description: The subdivision and grading of a 53.65-acre parcel into a five lot industrial subdivision with one open space lot. The General Plan Amendment is to change the land use designation from Unplanned Area to Planned Industrial and to adjust the boundary ofthe Open Space designation based on a biological survey of the property. The existing zoning of Limited Control is proposed to be changed to Planned Industrial to conform to the Planned Industrial land use designation. This document is being re-circulated because of revised mitigation measiu-es. NOTE: Clearinghouse will assign identification numbers for all new projects. Preparation or previous draft document) please fill it in. If a SCH number already exists for a project (i.e., from a Notice of Revised October 1989 PROOF OF PUBLIOftriON (2010 & 2011 CCP.) This space is the County Clerk's Fihng Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: January 23, 2002 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at this San Marcos 23rd , Califomia day of. Jasnuary, 2002 Proof of Publication of Mitigated negative Declaration MITIGATED NEQATIVc DECLARATION Project Address/Location: West of El Camino Real be-twcaen College Ave and Faraday Avenue and east of Salk Avenue. Property is identified as APN 212-020-23 Pr<Dject Oesoripfion; General Plan Amendment from Un-glsinned Area to Planned Industrial and adjust existing ifjen Space designation, Zone Change from Limited Comtrol to Planned Industrial, TentativeTract Map, Hill-side Development Permit, Special Use Permit, and Planned industrial Permit to subdivide and grade 53.65 ac res of land into four lots for industrial uses and one Of) en space lot. Tl'ie City of Carlsbad has conducted an environmental review of the above described project pursuant to the G uidelines for Implementation of the California Environ-mental Quality Act and the Environmental Protection Or-dinance of the City of Carlsbad. As a result of said re-view, the initial study (EIA Part 2) identified potentially siicjnificant 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 cliearly no significant effect on the environment would oc-air, and (2) there is no substantial evidence in light of the whole record before the City that the project "as revised" may have a significant effect on the environment. There-fare, a Mitigated Negative Declaration is hereby issued for the subject project; Justification for this action is on file in the Planning Department. />! copy of the Mitigated Negative Declaration with sup-portive documents is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, Calitornia 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 20 days of date of issuance. If you nave any questions, pilease call Van Lynch in the Planning Department at 1:760)602-4613. DATED: January 23, 2001 CASE NO: GPA 00-05/ZC 00-07/CT 00-20/SUP 00-10/HDP 00-11/PIP 00-02 CASE NAME: FOX/MILLER PROPRTY As/MICHAELJ. HOLZMILLER Planning Director Legal 72070. January 23, 2002 Signature JORTH COUNTY TIMES Legal Advertising NOTICE OF COMPLETION Mail to: State Clearinghouse, P. O. Box 3044rSacramento, CA 95812 - (916) 445-0613 Project Title: FOX/MILLER PROPERTY- GPA 00-05/ZC 00-07/CT 00-20/PIP 00-02/HDP 00-11 SUP 00-10 Lead Agency: CITY OF CARLSBAD Contact Person: Van Lvnch See NOTE Below: SCH# Street Address: 1635 FARADAY AVENUE Phone: (760) 602-4613City: CARLSBAD Zip: 92008 County: SAN DIEGO COUNTY PROJECT LOCATION: County: San Diego City/Nearest Community: Carlsbad Cross Streets: EI Camino Real/College Total Acres: 53.65ac Assessor's Parcel No. 212-020-23-00 Section: N/A Twp. N/A Range: N/A Base: N/A - Agua Hedionda Spanish Land Grant Within 2 Miles: State Hwy #: 1-5 Waterways: Agua Hedionda Creek/Lagoon Airports: McCLELLAN/PALOMAR Railways: NCTD Schools: Kellev Elementary DOCUMENT TYPE: CEQA: • NOP • • Early Cons • ^ Neg Dec • • Draft EIR Supplement/Subsequent EIR (Prior SCH No.) Other: NEPA: • NOI • EA • Draft EIS • FONSI OTHER: • Joint Document I i Final Document • Other: LOCAL ACTION TYPE: • General Plan Update • m General Plan Amendment Q n General Plan Element Q I I Community Plan Q Specific Plan Master Plan Planned Unit Development Site Plan m Rezone • |~| Prezone []] ^ Use Permit • ^ Land Division (Subdivision, Q Parcel Map, Tract Map, etc.) Annexation Redevelopment Coastal Permit Other: Hillside Dev Pennit DEVELOPMENT TYPE: Residential: Units Acres • Water Facilities: Tvpe MGD Office: Sq. Ft. Acres Employees • Transportation: Type Commercial: Sq. Ft. Acres Employees • Mining: Mineral Industrial: Sq. Ft. Acres 53.65 Employees nn Power: Tvpe Watts Educational: Sq. Ft. Employees nn Waste Treatment: Type Recreational: •• Hazardous Water: Other: Type PROJECT ISSUES DISCUSSED IN DOCUMENT: m Aesthetic/Visual • Flood Plain/Flooding • Schools/Universities • Water Quality • Agricultural Land • Forest Land/Fire Hazard • Septic Systems • H2O Supply/Ground H2O • Air Quality m Geological/Seismic • Sewer Capacity m Wetland/Riparian m Archaeological/Historical • Minerals m Soil Erosion/Compaction/Grading • Wildlife • Coastal Zone m Noise • Solid Waste • Growth Inducing • Drainage/Absorption • Population/Hsg. Balance • Toxic/Hazardous m Land Use • Economic/Jobs • PubUc Services/Facilities • Traffic/Circulation • Cumulative Effect • Fiscal • Recreation/Parks m Vegetation • Other: Present Land Use/Zoning/General Plan Use Vacant/Limited Control/Non-Residential Reserve Project Description: The subdivision and grading of a 53.65-acre parcel into a five lot industrial subdivision with one open space lot. The General Plan Amendment is to change the land use designation from Unplanned Area to Planned Industrial and to adjust the boundary of the Open Space designation based on a biological survey of the property. The existing zoning of Limited Control is proposed to be changed to Plarmed Industrial to conform to the Planned Industrial land use designation. NOTE: Clearinghouse will assign identification numbers for all new projects. If a SCH number already exists for a project (i.e., from a Notice of Preparation or previous draft document) please fill it in. Revised October 1989 PROOF OF PUBLIC^ION (2010 & 2011 CCP.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newapapers of general circulation by the Superior Court of the County of San Diego, State of Califomia, for the Coimty of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: November 1, 2001 This space is f^^^e County Clerk's Filing Stamp Proof of Publication of Mitigated Negative Declaration I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at this of San Marcor. 1st , Califomia day Novetnbere, 2001 sSs s-S." ss-"' \ Legal M-' NORTH COUNTY TIMES Legal Advertising January 19, 2005 TO: PLANNING COMMISSION FROM: SENIOR PLANNER RE: ERRATA SHEET FOR CT 00-20X1AHMP 05-01 - FOX/MILLER PROPERTY Addendum to EIA part II - CT 00-20 - FOX/MILLER PROPERTY This project requires the processing of a Habitat Management Plan Permit (HMP 05-01). The permit is required for the "take" of sensitive habitat species (2.66 acres of Coastal Sage Scrub) found on the project site, which were identified within the original environmental document, a Mitigated Negative Declaration. The processing ofthe Habitat "take" permit and does not modify or change the project. In light of the whole record, the processing of this additional permit does not revise the project description and no new mitigation measures or project revisions are required for the processing of this permit. The new permit is neither the result of new significant environmental effects nor the increase in the severity of previously identified significant effects. VAN LYNCH VL City of Carlsbad Planning Department MITIGATED NEGATIVE DECLARATION Project Address/Location: West of El Camino Real, between College Ave and Faraday Avenue and east of Salk Avenue. Property is identified as APN 212-020-23 Project Description: General Plan Amendment, Zone Change, Tentative Tract Map, Hillside Development Pennit, Special Use Pemiit, and Planned Industrial Permit to subdivide and grade 53.65 acres of land into four lots for industrial uses and one open space lot. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the Califomia Environmental Quality Act and the Environmental Protection Ordinance ofthe 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 pubhc review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in Ught ofthe whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Mitigated Negative Declaration with supportive documents is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, Califomia 92008. Comments fi-om the pubhc are invited. Please submit comments in writing to the Planning Department within 20 days of date of issuance. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-4613. DATED: CASE NO: NOVEMBER 1,2001 GPA 00-05/ZC 00-07/CT 00-20/SUP 00-10/HDP OO-U/PIP 00-02 CASE NAME: FOX/MILLER PROPERTY PUBLISH DATE: NOVEMBER 1, 2001 O MICH DLZMILLI Planning Director 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ® FOX/MILLER VICINITY MAP NTS PRDPDSED DPEN SPACE CS3\\FS\LDG\L-1054\0PENSPACE.DW0 10-17-00 14:30:07 2 OF 2 BUCCOLA ENGINEERING, INC. UDUIM D«SI«N MOUr, INC 703 paoMm mppom POPD 3148 VISTA WAY, SUITE 301 sure 300 OCEANSIDE, CA. 98056 CfWSafiD.Cfl 92009 (760) 721-SOOO PHONe C760) 438-3188 fflX (760)438-0173 L-tOS4 -10/17/8000 ENVIRONMENTAL IMPACT ASSESSMENT FORM • PART II CASE NO: GPA 00-05/ZC 00-07/CT 00-20/SUP 00-10/HDP OO-U/PIP 00-02 DATE: October 9. 2001 BACKGROUND 1. 2. 3. CASE NAME: FOX/MELLER PROPERTY APPLICANT: Bob Ladwig. Ladwig Design Group. Inc. ADDRESSES AND PHONE NUMBER OF APPLICANT: 703 Palomar Airport Rd. Suite 300. Carlsbad. CA 92009 (760) 438-3182 DATE EIA FORM PART I SUBMITTED: 10/17/00 5. PROJECT DESCRIPTION: General Plan Amendment. Zone Change. Tentative Tract Map. Hillside Development Permit, Special Use Permit, and Planned Industrial Pennit to subdivide and grade 53.65 acres of land into four lots for industrial uses and one open space lot on property located adjacent and west of El Camino Real, between College Ave and Faraday Ave. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. I I Land Use and Planning I I Population and Housing Geological Problems XI Water X Air Quality X Transportation/Circulation Public Services 1^ Biological Resources Utilities & Service Systems I I Energy & Mineral Resources Aesthetics I I Hazards Cultural Resources Noise 1^ Recreation I I Mandatory Findings of Significance Rev. 03/28/96 DETERMINATION. I I I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I I I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I I I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I I 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 Master Environmental Impact Review (MEIR 93-01) pursuant to applicable standards and (b) have been voided or mitigated pursuant to that earlier Master Environmental Review (MEIR 93-01), including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. Date 10 Date Rev. 03/28/96 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects hke 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 adversely significant, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. • Based on an "EIA-Part II", if a proposed project could have a potentially significant effect on the environment, but all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. Rev. 03/28/96 If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce 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. An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not hmited to the following circumstances: (1) the potentially significant 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 impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part n 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 at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. Rev. 03/28/96 Issues (and Supporting Infomiation Sources). I. LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? (Source #1.Pgs 5.6-1 - 5.6-18) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (#l:Pgs 5.6-1 -5.6-18) c) Be incompatible with existing land use in the vicinity? (#l:Pgs 5.6-1 -5.6-18) d) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? (#l:Pgs 5.6-1 - 5.6-18, #6) e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community) (#l:Pgs 5.6-1 - 5.6-18) Potentially Significant Impact • • • • Potentially Significant Unless Mitigation Incorporated • • • • Less Than No Significant Impact Impact • • • ^ • m • • • S II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (#l:Pgs 5.5-1 - 5.5-6) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (#l:Pgs 5.5-1 - 5.5-6) c) Displace existing housing, especially affordable housing? (#l:Pgs 5.5-1 - 5.5-6) III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? (#l:Pgs 5.1-1 - 5.1-15, #2) b) Seismic ground shaking? (#l:Pgs5.1-l - 5.1-15, #2) c) Seismic ground failure, including liquefaction? (#l:Pgs 5.1-1 -5.1.15, #2) d) Seiche, tsunami, or volcanic hazard? (#l:Pgs 5.1-1 - 5.1-15, #2) e) Landslides or mudflows? (#l:Pgs 5.1-1 - 5.1-15, #2) f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fills? (#l:Pgs 5.1-1 -5.1-15, #2) g) Subsidence of die land? (#l:Pgs 5.1-1 - 5.1-15, #2) h) Expansive soils? (#l:Pgs 5.1-1 - 5.1-15, #2) i) Unique geologic or physical features? (#l:Pgs 5.1-1 - 5.1-15, #2) • • n • • • Kl • • K • • X u • • X • • • X • • • X • • • X • n • X • • • • Kl • z • • • Kl IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage pattems, or the ^ |^ rate and amount of surface runoff? (#l:Pgs 5.2-1 - 5.2- 11, #7) b) Exposure of people or property to water related hazards I I I I I I S7 such as flooding? (#1.-Pgs 5.2-1-5.2-11) — — —I Rev. 03/28/96 Issues (and Supporting Information Sources). c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (#l:Pgs 5.2-1 - 5.2-11) d) Changes in the amount of surface water in any water body? (#l:Pgs 5.2-1-5.2-11) e) Changes in currents, or the course or direction of water movements? (#l:Pgs 5.2-1 - 5.2-11) f) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (#l:Pgs 5.2-1 - 5.2-11) g) Altered direction or rate of flow of groundwater? (#l:Pgs 5.2-1 -5.2-11) h) Impacts to groundwater quality? (#l:Pgs 5.2-1 - 5.2-11) i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (#l:Pgs 5.2-1-5.2-11) Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated • • • • • S • • • • • X • • • X • • • X • • X V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? (#l:Pgs 5.3- 1-5.3-12) b) Expose sensitive receptors to pollutants? (#l:Pgs 5.3-1 -5.3-12) c) Alter air movement, moisture, or temperature, or cause any change in climate? (#l:Pgs 5.3-1 - 5.3-12) d) Create objectionable odors? (#l:Pgs 5.3-1 - 5.3-12) VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? (#l:Pgs 5.7-1 - 5.7.22, #3) b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farmequipmenO? (#l:Pgs 5.7-1 - 5.7.22) c) Inadequate emergency access or access to nearby uses? (#l:Pgs 5.7-1 -57.22) d) Insufficient parking capacity on-site or off-site? (#l:Pgs 5.7-1 - 5.7.22) e) Hazards or barriers for pedestrians or bicyclists? (#l:Pgs 5.7-1 -5.7.22) f) Conflicts with adopted policies supporting altemative transportation (e.g. bus turnouts, bicycle racks)? (#l:Pgs 5.7-1 -5.7.22) g) Rail, waterbome or air traffic impacts? (#l:Pgs 5.7-1 - 5.7.22) VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? (#l:Pgs 5.4-1 - 5.4-24, #4) • • • • • • X • • • X • • • X K • • • • • • Kl • • • X • • • X • • • X • • • X • • • X • X • • Rev. 03/28/96 • • Issues (and Supporting Information Sources). Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation • Incorporated • X b) Locally designated species (e.g. heritage trees)? (#l:Pgs • • • X 5.4-1-5.4-24) • • • X c) Locally designated natural communities (e.g. oak forest, • • • Kl coastal habitat, etc.)? (#l:Pgs 5.4-1 - 5.4-24) • • • d) Wetiand habitat (e.g. marsh, riparian and vemal pool)? • • • (#l:Pgs 5.4-1 -5.4-24, #4) • • • • e) Wildlife dispersal or migration corridors? (#l:Pgs 5.4-1 • • • K - 5.4-24) • • • vm. ENERGY AND MINERAL RESOURCES. Would the proposal: • • • X a) Conflict with adopted energy conservation plans? • • • X (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9) • • • X b) Use non-renewable resources in a wasteful and • • • X inefficient manner? (#l:Pgs 5.12.1-1 -5.12.1-5 & 5.13-• • • X 1-5.13-9) X c) Result in the loss of availability of a known mineral • • • X resource that would be of future value to the region and • • • X the residents ofthe State? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1-5.13-9) IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous • • • X substances (including, but not limited to: oil, pesticides. • • • X chemicals or radiation)? (#l:Pgs 5.10.1-1 - 5.10.1-5) X b) Possible interference with an emergency response plan • • • X or emergency evacuation plan? (#l:Pgs 5.10.1-1 -• • • X 5.10.1-5) • X c) The creation of any health hazard or potential health • • • X hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5) • • • X d) Exposure of people to existing sources of potential • • • X health hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5) • • • X e) Increase fire hazard in areas with flammable brush. • • • X grass, or trees? (#l:Pgs 5.10.1-1 - 5.10.1-5) • • • X X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (#l:Pgs 5.9-1 - 5.9- 15) • • • Kl b) Exposure of people to severe noise levels? (#l:Pgs 5.9-• • • 1-5.9-15) • • • XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered govemment services in any of the following areas: • • X a) Fire protection? (#l:Pgs 5.12.5-1 - 5.12.5-6) • • • X b) Police protection? (#l:Pgs 5.12.6-1 - 5.12.6-4) • • • X c) Schools? (#l:Pgs 5.12.7.1 - 5.12.7-5) • • • X d) Maintenance of public facilities, including roads? • • • X (#l:Pgs 5.12.1-1 -5.12.8-7) • • • X e) Other govemmental services? (#l:Pgs 5.12.1-1 -• • • X 5.12.8-7) • • • X Rev. 03/28/96 Issues (and Supporting Information Sources). Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than No Significant Impact Impact XII. UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natiiral gas? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1-5.13-9) b) Communications systems? (#l:Pgs 5.12.1-1 - 5.12.8-7) c) Local or regional water tieatment or distribution facilities? (#l:Pgs 5.12.2-1 - 5.12.3-7) d) Sewer or septic tanks? (#l:Pgs 5.12.3-1 - 5.12.3-7) e) Storm water drainage? (# 1 :Pg 5.2-8) f) Solid waste disposal? (#l:Pgs 5.12.4-1 - 5.12.4-3) g) Local or regional water supplies? (#l:Pgs 5.12.2-1 - 5.12.3-7) XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? (#l:Pgs 5.11-1-5.11-5) b) Have or demonstiate a negative aesthetic effect? (#l:Pgs 5.11-1 -5.11-5) c) Create light or glare? (#l:Pgs 5.11-1 - 5.11-5) XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? (#l:Pgs 5.8-1 - 5.8- 10, #8) b) Disturb archaeological resources? (#l:Pgs 5.8-1 - 5.8- 10, #5) c) Affect historical resources? (#l:Pgs 5.8-1 - 5.8-10) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? (#l:Pgs 5.8- 1-5.8-10) e) Restrict existing religious or sacred uses within the potential impact area? (#l:Pgs 5.8-1 - 5.8-10) XV. RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (#l:Pgs 5.12.8-1 - 5.12.8-7) b) Affect existing recreational opportunities? (#l:Pgs 5.12.8-1-5.12.8-7) • • • X • • • X • • • X • • • X • • • X • • • X • • • X • X • • • • • • • • • • • • • • K • • • X • • • X • • • X • • • X • • • X XVI. MANDATORY HNDINGS OF SIGNIFICANCE. Rev. 03/28/96 Issues (and Supporting Information Sources). a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of Califomia history or prehistory? b) Does the project have impacts that are individually hmited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects) c) Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact • Potentially Significant Unless Mitigation Incorporated • Less Than No Significant Impact Impact • M • • • • E • ^ Rev. 03/28/96 XVn. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. 10 Rev. 03/28/96 DISCUSSION OF ENVIRONMENTAL EVALUATION I. PROJECT DESCRIPTION/ENVIRONMENTAL SETTING The proposed project is the subdivision of 52.33 acres of land into four industrial lots and one open space lot on property located west and adjacent to El Camino Real, north of Faraday Avenue, east of College Blvd., and east the easterly terminus of Salk Avenue. A general plan amendment is to designate the property Planned Industrial from the existing Unplanned Area designation and to amend the open space land use boundaries to conform the boundaries as determined by the biological survey of the property. The zone change is to rezone the property from the existing Limited Control designation to Planned Industrial, which conforms to the Planned Industrial Land use designation. The project requires 500,000 cubic yards of balanced grading over 36.5 acres to create the industrial pads and the continuation of Salk Avenue to El Camino Real. The remaining 20.3 acres will be an open space lot that will contain native habitat and habitat mitigation areas. Improvements consist of roadway and associated curb, gutter, and sidewalk improvements and utility and drainage structures. The drainage structure will provide for riparian habitat restoration. Storm water and runoff water quality control will occur on each individual lot so as to not impact the riparian restoration basin. A passive park area is proposed along the north side Salk Avenue. The project site includes a portion of Letterbox Canyon with its associated drainages and the adjacent upland slopes. The site is bounded by El Camino Real to the east and north, developing residential north of El Camino Real, and existing industrial development surrounding the site. The site is predominately covered with non-native grasslands, followed by non-native grassland with thread-leaved brodiaea and Diegan coastal sage scrub. The project also contains small areas of valley needlegrass grassland and jurisdictional and non-jurisdictional wetlands. Sensitive wildlife found on the site consists of raptors and a pair of Califomia gnatcatchers. II. ENVIRONMENTAL ANALYSIS The project falls within the scope of the City's MEIR for the City of Carlsbad General Plan update (EIR 93-01) certified in September, 1994, in which a Statement of Overriding Considerations was adopted for cumulative impacts to air quality and traffic. An MEIR may not be used to review projects if it was certified more than five years prior to the filing of an application for a later project except under certain circumstances. The City is currently reviewing the 1994 MEIR to determine whether it is still adequate to review subsequent projects. Although the MEIR was certified more than five years ago, the City's preliminary review of its adequacy finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified. The only potential changed circumstance, the intersection failure at Palomar Airport Rd. and El Camino Real, has been mitigated to below a level of significance. Additionally, there is no new available information, which was not known and could not have been known at the time the MEIR was certified. Therefore, the MEIR remains adequate to review later projects. All feasible mitigation measures identified by the MEIR which are appropriate to this project have been incorporated into the project. B. Environmental Impact Discussion I Land Use and Planning The project site is presently land use designated Unplanned Area, which is an area where future 11 Rev. 03/28/96 land use has not been completed or formalized. It has been determined that properties in proximity to Palomar Airport are not appropriate for residemtial development. The planned industrial designation proposed would be consistent with the airport as well as the existing adjacent industrial land use designated properties. The existing zoning designation of Limited Control is proposed to be changed to Planned Industrial, which would be consistent with and implement the General Plan planned industrial land use designation. ni. Geologic Problems The geotechnical investigation discusses the undocumented fills, upper 1 to 3 feet of topsoils, and the on-site alluvium as dry, desiccated and potentially compressible. The soils are not considered suitable for stractural loads or support of fill soils in there present condition. Remedial grading measures, such as removal and recompaction, will be necessary to mitigate this condition. The project shall incorporate the recommended remedial grading measures in the geotechnical report to reduce the potential for impacts due to expansive soils. Seepage waters will need to be mitigated through the installation of sub-drains within the canyon bottoms. The project proposes slopes of 11/2 to 1 along the El Camino Real frontage, which are steeper than the standard 2:1 slopes. The slopes were reviewed to ensure that there was adequate slope stability with the increase in slope angle and that slope failure would not occur. The increase in slope angle reduces the impacts to the non-native grassland with thread-leaved brodiaea. IV. Water Letterbox Canyon is identified as being within hydrologic unit number 904.31. The development of the site will result in increased ranoff volumes generated by the increase in impervious surfaces. Due to the capacity constraints of the existing downstream storm drain trank hne size (48"), all tributaries would need to detain post-development ranoff to produce a volume equal to or less than the existing condition flows, based on the San Diego County 100 year storm criteria. In order to achieve the desired reduced ranoff volumes, a detention basin is proposed near the westerly boundary of the project, within the Letterbox Canyon adjacent to proposed Salk Avenue. The existing detention basin will be replaced and relocated to the east by another larger detention basin to accommodate the additional flows and as a wetland mitigation site. The basin would reduce peak flows from 126 Cubic Feet per Second (CFS) down to -35 CFS, with a total outlet flow of 37 CFS. The existing flow is 59 CFS. Other off-site drainage occurs onto El Camino Real at a projected rate of 36.2 CFS, which would increase, to 39.7 CFS. The combined effect of the slight increase in the El Camino Real flows, and the decrease in the flows of Letterbox Canyon is that the total site ranoff generated under developed conditions will be less than the site ranoff generated under existing conditions. The development of the detention basin will mitigate the potential ranoff flow to a level below significant. Temporary sedimentation basins shall be installed on each undeveloped, graded pad. Each undeveloped building pad that is to remain undeveloped for a period greater than six months shall be landscaped pursuant to the City of Carlsbad landscape manual. Both of these measures will further mitigate the potential for off-site siltation. 12 Rev. 03/28/96 V. Air Quality The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a "non-attainment basin", any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage altemative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a "non-attainment basin", therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for air quality impacts. This "Statement Of Overriding Considerations" applies to all subsequent projects covered by the General Plan's Final Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. VI. Transportation/Circulation The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City's adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop altemative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been 13 Rev. 03/28/96 incorporated into the design of the project or are included as conditions of project approval. The project will generate 1,800 average daily trips. Conditions of project approval will include constracting Salk Avenue through to El Camino Real. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for circulation impacts. This "Statement Of Overriding Considerations" applies to all subsequent projects covered by the General Plan's Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. vn. Biological Resources The project will impact 36.0 acres of area within the 52.33-acre project boundary, including 2.60 acres of Diegan coastal sage scrab, .19 acres of valley needlegrass grassland, 31.32 acres of non- native grassland, and 1.89 acres of developed area. Impacts to Diegan coastal sage scrab and valley needlegrass grassland, both considered sensitive habitats, will require mitigation. Several species are present on-site: thread-leaved brodiaea; Califomia adolphia; Califomia gnatcatcher; white-tailed kite; northem harrier and Cooper's hawk. Impacts to the sensitive plants or the nests of breeding raptors, if present, will require mitigation. The proposed project will impact 0.19 acre of non-wetland jurisdictional waters and 0.03 acre of jurisdictional wetlands, which will require mitigation. The linear distance of these features is approximately 2,500 feet. Mitigation measures include on-site restoration of disturbed habitat, revegetation of impacted habitat, transplantation of sensitive plants, and creation of wetland habitat, which will reduce the impacts to less than significant. Of the 10.67 acres of thread-leaved brodiaea, 8.5 acres will not be disturbed. Mitigation of the disturbed 2.17 acres of thread-leaved brodiaea habitat will include the recovery of bulbs within the impacted non-native grassland habitat and transplantation of the bulbs to the grassland slopes within the open space. Impacts to Diegan coastal sage scrab which have been determined to be occupied by the Califomia gnatcatcher are mitigated at a ratio of 2:1. Impacts to 2.6 acres of Diegan coastal sage scrab will be mitigated by the on-site preservation of 2.96 acres of Diegan coastal sage scrab and the conversion of 2.24 acres of non-native grassland to coastal sage scrab. Impacts to 0.19 acres of valley needlegrass grassland will be mitigated at a ratio of 3:1 through the conversion of .57 acres of non-native grassland to native grassland habitat with brodiaea. Impacts to 0.03 acre of wetland will be mitigated on-site at 2:1 and impacts to .19 acre of non- wetland jurisdictional water will be mitigated on-site at 1:1. A 0.39-acre basin will be created within the westem portion of letterbox Canyon, remaining as open space and revegetated with willow scrab species. This basin will be supported by natural water and ranoff from the adjacent developed areas. Impacts to wetlands wiU require a streambed alteration agreement from the 14 Rev. 03/28/96 Calif. Dept. of Fish and Game, an individual 404 permit from the U.S. Army Corps of Engineers, and a 401 certificate from the Regional Water Quality Control Board. Impacts to active raptor nests can be avoided by removing all vegetation, which will be impacted by the development, within the project area outside the breeding season (September 1 to Januarys 1). If vegetation must be removed within the breeding season (Febraary 1 to August 31), a survey for active nests shaU be performed by a qualified biologist prior to vegetation removal. If an active nest is identified, no constraction activity shall be performed within 500 feet of the nest until the young are independent of their parents. A biologist shall monitor any active nests during constraction to determine whether the activity is interfering with the nest and to determine when the young are independent of their parents. Impacts to active coastal Califomia gnatcatcher nests can be avoided by removing the Diegan coastal sage scrab within the project area outside the breeding season, which is Febraary 15 to August 31. If vegetation must be removed during the breeding season, a pre-constraction clearance survey should be conducted by a qualified biologist to ensure that no nest are located in, or within, a 200-foot buffer around the proposed footprint. A biologist shall monitor all vegetation removal to ensure there are no direct impacts to individual birds. If an active nest is identified, work may need to be postponed until the young are independent from the nest. The Fox/Miller property is identified as a Special Resource Area in the Habitat Management Plan (HMP). The plan identifies the Brodiaea as a major population of a narrow endemic plant population and an important species for conservation. The project complies with the hard-line biological area specified within the HMP. X. Noise The project site is located outside the 60 CNEL of the Palomar Airport. The project site is adjacent to El Camino Real, a circulation element roadway. The project incorporates a condition to record against the property a disclosure that the project is adjacent to a circulation element roadway and the potential for noise from the roadway. The developer shall provide a noise study prior to building permit issuance which shows that the interior noise levels of the future buildings will not exceed 65 dB(A) xm. Asthetics The project is located adjacent to El Camino Real, which is designated a scenic corridor. Grading of the site to accommodate industrial development adjacent to the scenic corridor would create an impact to the existing aesthetic character of the project area. The proposed project would require 501,500 cubic yards of cut and 498,200 of fill over 36.5 acres. The southeastern portion of the site adjacent to El Camino real would be graded to a flat pad, which on the northem end would be 10 feet higher than the roadway and the southem end 10 feet lower than the roadway. The future Salk Avenue intersection with El Camino Real will create an upslope condition adjacent to El Camino Real. Presently there are unlandscaped slopes that exceed the city's 2:1 slope standard. Proposed Lot 1 is separated from El Camino Real by the sensitive brodiaea habitat area. The slopes will be visible from El Camino Real. Mitigation measures that include implementation of the project's landscape concept plan and grading plan which includes tree plantings along El Camino Real and manufactured slope 15 Rev. 03/28/96 plantings and contour grading to naturalize the manufactured slopes to existing slopes will mitigate the negative visual impacts to below a level of significance. Future development of the industrial pads adjacent to El Camino Real will require the processing of a Special Use Permit and show compliance with the El Camino Real Corridor Development Guidelines. XIV. Cultural Resources Paleontological resources were found during the survey and significant fossil remains have been collected adjacent to the property (Carlsbad Research Center and Terraces at Sunny Creek). It is probable that significant paleontological resources exist on the property. Development of the property could adversely impact these resources. A mitigation program which involves review of the grading plans, attendance of a paleontologist at grading meetings and during the grading operation with the authority to direct grading operations to salvage resources, and curation, at the direction of the property owner, of the resources will mitigate the impacts to a less than significant level. Portions of the site will not be disturbed because of sensitive biological resources. These undisturbed areas have the potential to have paleontological resources that will remain undisturbed unless future mitigation of the biological resources allows for the grading and exploration of those resources. Areas left on a natural state will also mitigate the impacts to the paleontological resources. III. EARLIER ANALYSES USED 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, Califomia, 92008, (760) 602-4613. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01), dated March 1994, City of Carlsbad Planning Department. 2. Geotechnical Investigation update Fox/Miller Propertv adiacent and southwesterly of El Camino Real, North of Faradav Avenue, Carlsbad, Califomia, Dated July 6, 2000, Agra Earth & Environmental. 3. FOX/MILLER PROPERTY. CARLSBAD, Dated October 16, 2000, WPA Traffic Engineering. 4. Revised Biological technical Report for the Fox Propertv project, Carlsbad, Cahfomia. Dated August 30, 2000, RECON. 5. Fox Propertv Archaeological Studv (RECON Number 3028A). Dated September 2, 1998, RECON 6. San Diego County Important Farmland 1992. Faimland Mapping and Monitoring Program, Califomia Department of Conservation 7. Drainage Report for Fox/Miller Propertv CT XX-XX Carlsbad, Califomia, dated September 12, 2000, Buccola Engineering, Inc 8. Archaeological and Paleontological Constraints for the Fox Property. Recon Number 2078A, dated September 13, 1989, supplemented by Fox Propertv Archaeological Studv. Recon Number 3028A, Dated September 2, 1998 16 Rev. 03/28/96 LIST OF MITIGATING MEASURES 1. The project shall implement the Habitat Restoration and Mitigation Plan for Diegan Coastal Sage Scrab, Valley Needlegrass, with Thread Leaved Brodiaea, and Southem Willow Scrab Wetland for the Fox Property, Carlsbad, Califomia prepared by Recon dated August 17, 2001. 2. The following paleontological mitigation measures shall be implemented; 1. Prior to any grading of the project site, a paleontologist shall be retained to perfonn a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. 2. A copy of the paleontologist's report shall be provided to the Planning Director prior to issuance of a grading permit. 3. A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. 4. The paleontologist shall make periodic reports to the Planning Director during the grading process. 5. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts. 6. All fossils collected may be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. 7. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. 3. Temporary sedimentation basins shall be installed on each undeveloped, graded pad. Each undeveloped building pad that is to remain undeveloped for a period greater than six months shall be landscaped pursuant to the City of Carlsbad landscape manual. MITIGATION MONITORING PROGRAM See attached 17 Rev. 03/28/96 APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signature 18 Rev. 03/28/96 1 PROJECT NAME: Fox/Miller Propertv APPROVAL DATE: FILE NUMBERS: GPA 00-05/ ZC 00-07/ CT 00-13/SUP 00-10/ HDP 00-11/PIP 00-02 MITIGATED NEG. DEC: October 9. 2001 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). m z < Ti O m Mitigation IVIeasure Monitoring Type Monitoring Department Shown on Plans Verified implementation Remarks The project shall incorporate the recommended remedial grading measures in the geotechnical report to reduce the potential for impacts due to expansive soils and seepage waters. Project Engineering No The project shall implement the Habitat Restoration and Mitigation Plan for Diegan Coastal Sage Scrub, Valley Needlegrass, with Thread Leaved Brodiaea, and Southern Willow Scrub Wetland for the Fox Property, Carlsbad, California prepared by Recon dated August 17, 2001. Project Planning No it o z H o z G) O X m o CO fi) O 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. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarics = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. O w IMitigation IVIeasure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks m z < O Z S m S h o o o o 3: m o n (0 % (Q (D KJ O -* w The following paleontological mitigation measures shall be implemented; 1. Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. 2. A copy of the paleontologist's report shall be provided to the Planning Director prior to issuance of a grading permit. 3. A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. 4. The paleontologist shall make periodic reports to the Planning Director during the grading process. 5. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts. 6. All fossils collected may be donated to a public, non- profit institution with a research interest in the materials, such as the San Diego Natural History Museum. 7. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. Project Planning No Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. infomiation. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarics = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks Temporary sedimentation basins shall be installed on each undeveloped, graded pad. Each undeveloped building pad that is to remain undeveloped for a period greater than six months shall be landscaped pursuant to the City of Carlsbad landscape manual. Project Engineering Yes m z < Ti O m O -4 O z o o m o Ts fit (Q (D W o 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. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarics = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I (TO BE COMPLETED BY THE APPLICANT) • CASE NO: CT OO DATE RECEIVED: (o/i^'/cpO (To be compleled by staff) BACKGROUND 1. CASE NAME: /^X^ /^/^^^/g- PjioP/B/LTr 2. APPLICANT: QoMOKi ^.pOY I D^A-fJ- /2.0SS^Mf^l^-U. 3. ADDRESS AND PHONE NUMBER OF APPLICANT:'^^ 0^Ak) ^- /HIOLUE^ 4. PROJECT DESCRIPTION: r'/g'/C^/f7V^^ /I^A-P- f4/t.CS/0^ D^U/SU:^^^!^^// SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: Please check any ofthe environmental factors listed below that would be potentially affected by this project. This would be any environmental factor that has at least one impact checked "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" in the checklist on the following pages. I I Land Use and Planning Q Transportation/Circulation Q Public Services I I Population and Housing Q Biological Resources Utilities & Service Systems I I Geological Problems Q Energy & Mineral Resources Q Aesthetics I I Water Q Hazards Q Cultural Resources I 1 Air Oualitv Q Noise | 1 Recreation I I Mandatory Findings of Significance Rev. 03/28/96 Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) I. LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? (Source #(s): ( ) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? ( ) c) Be incompatible with existing land use in the vicinity? ( ) d) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses? ( ) e) Disrupt or divide the physical arrangement of an estabhshed community (including a low-income or minority community)? ( ) II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? ( ) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? ( ) c) Displace existing housing, especially affordable housing? ( ) III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ( ) b) Seismic groimd shaking? ( ) c) Seismic ground failure, including Hquefaction? ( ) d) Seiche, tsxmami, or volcanic hazard? ( ) e) Landslides or mudflows? ( ) f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? ( ) g) Subsidence of the land? ( ) h) Expansive soils? ( ) i) Unique geologic or physical features? ( ) rv. WATER. Would the proposal result in: a) Changes in absorption rates, drainage pattems, or the rate and amount of surface runoff? ( ) b) Exposure of people or property to water related hazards such as flooding? ( ) c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? ( ) Potentially Significant Impact Potentially Less Than No Significant Significan Impact Unless t Impact Mitigation Incorporated • • X • • • X • • • 0 • • • 0 • • • X • • • m • • • X • • • • • • X • • • X • • • X • • • X • • • X • • • X • • • • u • • • • • • X • • • • • • X Rev. 03/28/96 Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) d) Changes in the amoimt of surface water in any water body?( ) e) Changes in currents, or the course or direction of water movements? ( ) f) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? ( ) g) Altered direction or rate of flow of groundwater? ( ) h) Impacts to groundwater quality? ( ) i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? ( ) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? ( ) b) Expose sensitive receptors to pollutants? ( ) c) Alter air movement, moisture, or temperature, or cause any change in climate? ( ) d) Create objectionable odors? ( ) VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? ( ) b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? ( ) c) Inadequate emergency access or access to nearby uses? ( ) d) Insufficient parking capacity on-site or off-site? ( ) e) Hazards or barriers for pedestrians or bicyclists? ( ) f) Conflicts with adopted policies supporting altemative transportation (e.g. bus tumouts, bicycle racks)? ( ) g) Rail, waterbome or air traffic impacts? ( ) VII. BIOLOGICAL RESOURCES. Would the proposal resuh in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? ( ) b) Locally designated species (e.g. heritage trees)? ( ) Potentially Potentially Less Than No Significant Significant Significan Impact Impact Unless t Impact Mitigation Incorporated • • 0 • • • / • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • a • • • X • • • 1 • • • • • 0 • • • • X Rev. 03/28/96 Issues (and Supporting Infonnation Sources): (Supplemental documents may be referred to and attached) c) Locally designated natiu-al communities (e.g. oak forest, coastal habitat, etc.)? ( ^ ) d) Wetland habitat (e.g. marsh, riparian and vemal pool)? ( ) e) Wildlife dispersal or migration corridors? ( ) VIII. ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conservation plans? ( ) b) Use non-renewable resources in a wastefiil and inefficient manner? ( ) c) Result in the loss of availability of a known mineral resource that would be of fiiture value to the region and the residents of the State? ( ) IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? ( ) b) Possible interference with an emergency response plan or emergency evacuation plan? ( ) c) The creation of any health hazard or potential health hazards? ( ) d) Exposure of people to existing sources of potential health hazards? ( ) e) Increase fire hazard in areas with flammable bmsh, grass, or trees? ( ) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? ( ) b) Exposure of people to severe noise levels? Potentially Significant Impact ( ) a) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered govemment services in any of the following areas: Fire protection? ( ) b) Police protection? ( ) c) Schools? ( ) d) Maintenance of public facilities, including roads? ( ) e) Other govemmental services? ( ) xn. UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systenis or suppHes, or substantial alterations to the following utilities: Power or natural gas? ( ) Communications systems? ( ) • Potentially Significant Unless Mitigation Incorporated • Less Than Significan t Impact No Impact m • a) b) • • / Kl • • / • • 0 • • • X • • • X • • • X • • • X • • • 0 • • • X • • • X • • • X • • • X • • • X • • • X • • / • • • • • • M • • • B • • • W • • • X Rev. 03/28/96 Issues (and Supporting Infonnation Sources): Potentially Potentially Less Than No (Supplemental documents may be referred to and attached) Significant Significant Significan Impact (Supplemental documents may be referred to and attached) Impact Unless Mitigation t Impact • Incorporated c) Local or regional water treatment or distribution facilities? ( ) • • • m d) Sewer or septic tanks? ( ) • • 171 e) Storm water drainage? ( ) • • • ){ f) Solid waste disposal? ( ) • • • X g) Local or regional water suppHes? ( ) • • X XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? ( ) b) Have a demonstrate negative aesthetic effect? ( ) c) Create light or glare? ( ) XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? ( ) b) Disturb archaeological resources? ( ) c) Affect historical resources? ( ) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? ( ) e) Restrict existing religious or sacred uses within the potential impact area? ( ) XV. RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? ( ) b) Affect existing recreational opportunities? ( ) XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of Cahfomia history or prehistory? • • m • • • • Kl • • • • • • • • u m • • • m • • • • • • X • • • .X • • • K • • • X Rev. 03/28/96 Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other ciurent projects, and the effects of probable fiiture projects)? c) Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact • Potentially Significant Unless Mitigation Incorporated • Less Than Significan t Impact No Impact • 0 • • • 0 XVn. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. Rev. 03/28/96 Loduiig Design Group, Inc. October 5, 2000 L-1054 EXPLANATIONS FOR ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART 1 FOR FOX/MILLER PROPERTY I. LAND USE AND PLANNING a) The application includes a GPA from UA/OS to PI and a zone change from LC to PM and OS. b) There are no conflicts with existing environmental plans. c) The changes proposed are consistent with surrounding land uses. d) No current farming. e) No change will occur. n. POPULATION AND HOUSING a) This is a non-residential project. b) The project will bring roads and utilities into a developed area. c) None exists on the property. m. GEOLOGIC PROBLEMS a) Evidence of previous faulting was encountered during the soils engineer's field investigation. The soils engineer has stated that no active fault trace is in or near the property. b) Agra Earth Environmental has stated that the effects of seismic shaking can be mitigated. c) Damage due to lurching should not be significant. d) Hazards from seiches and tsunamis is considered to be very low. e) No evidence of landslides exist on site. f) The project will be graded under the supervision ofthe soils engineer. In addition, the civil engineer will design the grading to provide for erosion control. g) Some settlement in relative deep fills will occur over a long period of time. h) There are some expansive soils on site and the soils engineer has provided recommendations on removals and recompactions. i) None 703 PQlomar Rirport Road • Suite 300 • CarisbQc), CQlifornlQ 92009 (760) 438-3182 FRX (760) 438-0173 Fox/Miller Property Explanation - Environmental Impacts Page 2 IV. WATER a) Absorption rates and drainage pattems will change from the development of the project. b) The project is not in a flood plain and no water hazards are anticipated. c) There will be no direct discharge into any surface waters. d) None on site. e) No changes are anticipated. f) No changes are anticipated. g) Additional runoff will be generated as a result of the development. A detention basin is proposed so the developed discharge does not exceed the undeveloped discharge rates. h) No impacts are anticipated. i) No change is anticipated. V. AIR QUALITY a) No violation is proposed. b) Non are proposed. c) No changes are anticipated. d) There will be short-term odors from heavy equipment during the grading operation and installation of improvements. VI. TRANSPORTATION/CIRCULATION a) Currently there is no development on the property and the anticipated proj ect will add 1800 ADT. A traffic impact analysis has been prepared to address and mitigate any potential traffic congestion. b) The project will be designed to meet City safety standards. c) The project will enhance emergency access to adjacent and nearby uses. d) The City standard parking requirements will be met. e) Pedestrians and bicyclists access will be improved. f) Bus stops may be provided on El Camino Real as part of the project. g) The project is within the flight activity area of Palomar Airport. vn, BIOLOGICAL RESOURCES a) The proj ect has received a "hardline" designation i n the draft Carlsbad HMP and very limited impacts are anticipated which will be mitigated on-site as part of the implementation ofthe project. b) No trees are on site. Recon, our biological consultant, has prepared an impact analysis to address project impacts. 703 pQlomar Rirport Road • Suite 300 • Carlsbad, California 92009 (760) 438-3182 FRX (760) 438-0173 Fox/Miller Property Explanation - Environmental Impacts Page 3 c) A small amount of coastal sage scrub will be impacted along with Valley Needle Grass and some non-native grasslands with thread-leaved biodiea. These minor impacts will be mitigated onsite. d) Drainage areas (0.03 acres of disturbed wetlands and 0.19 acres of nonwetland jurisdictional waters) will be crossed with public roads and site grading. e) The project does comply with the Carlsbad Draft HMP and is providing areas for wildlife. vm. ENERGY AND MINERAL RESOURCES a) No conflict is known. b) No wasteful use of non-renewable resources is being proposed. c) No minerals are known to exist on site. IX. HAZARDS a) No hazardous substances are proposed to be used. b) The additional new road and will aide in emergency response times and any evacuation plans. c) No health hazard potential is being proposed. d) No existing sources of potential health hazards are known to exist. e) The project will provide the required City of Carlsbad fire buffer zones where the project is adjacent to open space areas and flammable brush or grassland areas. X. NOISE a) Noise levels will increase with the extension of Salk Ave. b) Severe noise levels are not present at the site. XI. PUBLIC SERVICES a) With the extension of public roads and maintenance and an adequate fire buffer aroimd the development, fire protection will be enhanced. b) Police protection will be aided by the extension of public street and lighting into the area. c) This is a non-residential project and will not generate any students. d) Upon completion of the public road system and acceptance by the City, the maintenance of public facilities will be provided by the City of Carlsbad. e) Other governmental services provided by agencies outside of the City will be available. 703 Palomar Rirport Road • Suite 300 • Carlsbad. CaliFornia 92009 (760) 438-3182 FRX (760) 438-0173 *, • Fox/Miller Property Explan^lJo - Enviroimiental Impacts Page 4 XII. UTILITIES AND SERVICES SYSTEMS a) Power and natural gas systems will be extended to the property. b) Underground telephone and cable communications systems will be provided as part of the development. c) Water treatment and distribution systems are provided by the Carlsbad Municipal Water District. d) Sanitary sewer systems will be installed as part of the project and be maintained by the City of Carlsbad. e) The proj ect will provide an underground storm water system including detention and NPDES requirements for pollution control. f) Solid waste disposal will be provided by Waste Management. g) Carlsbad Municipal Water District will acquire water from the Metropolitan Water District and the San Diego Water Authority. Xin. AESTHETICS a) El Camino Real, adjacent to the site, is a scenic corridor and will be landscaped per City standards. b) The project provides attractive landscaping and maintenance of open space and will not have a negative aesthetic effect. c) Safety lighting will be provided and no glare is anticipated. XIV. CULTURAL RESOURCES a) Paleontological resources will be disturbed. b) No archaeological resources were found by Recon on the site. c) Recon did an extensive records search and there are no historical site listings within the subject property. d) No unique ethnic cultural values have been identified. e) No existing religious or sacred uses have been identified within the potential impact area. XV. RECREATIONAL a) Additional demands will be created for mini employee areas and will be provided at the building permit stage. b) There currently are no existing recreational opportunities onsite. XVI. MANDATORY FINDINGS OF SIGNIFICANCE a) Habitat and wildlife areas are being provided as part ofthe project's compliance with the draft HMP. No artifacts of Califomia histor>^ have been identified on the site. b) No additional comments. c) No environmental effects will cause substantial adverse effects on human beings, either directly or indirectly. 703 Palomar Rirport Road • Suite 300 • Carlsbad, California 92009 (760) 438-3182 FRX (760) 438-0173 August 3,2005 TO: SENIOR PLANNER - VAN LYNCH FROM: Associate Engineer Jimeno CT 00-20x2(A): FOX MILLER-ADDITIONAL CONDITIONS The Engineering Department requests that the following conditions be added to PC RESOLUTION NO. 5936: 4. Prior to grading permit issuance, developer shall obtain approval from the City Engineer and Planning Director of the Performance Technical Specifications for the design and construction of the soil nail retaining wall along El Camino Real. 5. Prior to building permit issuance for the soil nail retaining wall along El Camino Real, developer shall obtain approval from the City Engineer of a Traffic Control Plan to control traffic circulation along the project frontage during construction. Deputy City Engineer Bob Wojcik Associate Engineer John Maashoff Direction of Travel Off-Peak Peak station 5 Faraclay>ECR>College>Salk 4:08 6:12 Faraclay>College>Salk 4:12 5:48 Faraday>ECR>College (Uturn) to R/R 4:10 5:20 Station 3 ECR>College>Salk 5:44 6:39 ECR>R/R 5:13 5:51 Station 1 Not measured Station 4 Not measured Travel times taken in typical sedan traveling at posted speed limit observing all traffic signs and signals R/R is proposed location of possible Cul-de-sac or Right In - Right Out August 22, 2002 TO: ASSOCIATE PLANNER - VAN LYNCH FROM: Associate Engineer Jimeno CT 00-20: FOX MILLER - PC ENGINEERING CONDITIONS REVISIONS The Engineering Department requests that the following changes be made to the project conditions: Replace Condition No. 43 Items 1 through 4 with the following: 1. El Camino Real, on its southwesterly side, to prime arterial standards from the southeasterly project boundary corner to the existing improvements at the northwesterly corner ofthe project. 2. Provided the City obtains the necessary right-of-way, and concurrent with the onsite improvements, the widening of the southwesterly side of El Camino Real to the ultimate location of the curb and gutter from the southeasterly project boundary corner to the existing improvements to the south (approximately 100 feet). Prior to installation of these improvements, the City will process a reimbursement agreement for their cost. 3. Salk Avenue to industrial street standards. 4. A traffic signal at the intersection of College Boulevard and Salk Avenue. Based on the existing Contract for Future Public Improvements (FIA 97008, the Developer may request that a reimbursement agreement for the cost of this facility over their fair share be processed. If a reimbursement agreement is requested it shall be approved prior to or concurrent with approval of the final map for this subdivision. In lieu of installation or securing for the installation of the traffic signal. Developer may deposit with the City sufficient funds to cover its fair share of the cost of this facility. Such deposit shall be made prior to approval of the final map. Replace Condition Nos. 49, 50 and 51 with the following: 49. Prior to occupancy. Developer shall install street lights along all public and private street frontages abutting and/or within the subdivision boundary (Salk Avenue and the southwesterly side of El Camino Real) in conformance with City of Carlsbad Standards. 50. Prior to occupancy. Developer shall install sidewalks along the southerly side of El Camino Real abutting the subdivision in conformance with City of Carlsbad Standards. 51. Prior to occupancy. Developer shall install wheelchair ramps at the southerly side of El Camino Real comers abutting the subdivision in conformance with City of Carlsbad Standards. Replace Condition No. 66 with the following: 66. The Developer shall submit detailed design drawings prepared by a Registered Engineer for the construction of a potable water pressure reducing station required to serve the project as determined and to the satisfaction ofthe District Engineer. After Condition No. 33 add the following new condition: The City is currently in the process of updating its Master Drainage and Water Quality Management Plan (Master Drainage Plan) and associated Local Drainage Area (LDA) Fees. Prior to final map approval the developer shall pay the current LDA Fee, and/or receive appropriate credits for any Master Drainage Plan facility improvements installed by Developer as a condition of this project, and enter into an agreement with the City to pay the increase in LDA Fee, if any, at the time City Council approves the updated Master Drainage Plan and associated LDA Fee. Combine Condition Nos. 69 and 70 into one condition. The nimiber 70 was inadvertently introduced between two sentences. Regarding the request to add to Condition No. 70, please relay the following information to the Developer. Condition Nos. 67 through 75 are Mimicipal Code reminders. They are listed as "Code Reminders". The language does not place special conditions on the project but make reference to various sections of the Municipal Code. Adding any special language to these "Code Reminders" does not supersede the Municipal Code. lune 5, 2002 TO: ASSOCIATE PLANNER - VAN LYNCH VIA: Deputy City Engineer Wojcik FROM: Associate Engineer Jimeno | CT 00-20: FOX MILLER - DRAFT ENGINEERING CONDITIONS The Engineering Department has completed its review of the subject project. The Engineering Department is recommending that the project be approved subject to the following conditions: General 7. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 8. Prior to issuance of any building permit. Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. 11. Developer shall provide to the City Engineer, an acceptable means, CC&Rs or/and other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 13. There shall be one Final Map recorded for this project. 16. Developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards. A statement shall be included in the Final Map (see Final Map Notes) and in the CC&Rs. The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. Fees/Asreements 17. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 18. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 19. Developer shall cause property owner to execute, record and submit a recorded copy to the City Engineer, a deed restriction on the property which relates to the proposed cross lot drainage as shown on the tentative map. The deed restriction document shall be in a form acceptable to the City Engineer and shall: June 5, 2002 TO: ASSOCIATE PLANNER-VAN LYNCH VIA: Deputy City Engineer Wojcik FROM: Associate Engineer Jimeno CT 00-20: FOX MILLER - ENGINEERING CONDITIONS The Engineering Department has completed its review of the subject project. The Engineering Department is recommending that the project be approved subject to the following conditions: General 7. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 8. Prior to issuance of any building permit. Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. 11. Developer shall provide to the City Engineer, an acceptable means, CC&Rs or/and other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 13. There shall be one Final Map recorded for this project. 16. Developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards. A statement shall be included in the Final Map (see Final Map Notes) and in the CC&Rs. The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. Fees/Asreements 17. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 18. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 19. Developer shall cause property owner to execute, record and submit a recorded copy to the City Engineer, a deed restriction on the property which relates to the proposed cross lot drainage as shown on the tentative map. The deed restriction document shall be in a form acceptable to the City Engineer and shall: A. Clearly delineate the limits of the drainage course; B. State that the drainage course is to be maintained in perpetuity by the underlying property owner; and C. State that all fiiture use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance. 22. Prior to approval of any grading or building permits for this project. Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1, on a form provided by the City Engineer. Gradins 27. Based upon a review of the proposed grading and the grading quantities shovra on the tentative map, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer. 24. Prior to the issuance of a grading permit or building permit, whichever occurs first. Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. 25. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. The plan shall be signed by both the soils engineer and the engineering geologist, and shall be submitted on a 24" x 36" mylar or similar drafting film format suitable for a permanent record. 26. This project requires off site grading. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. Dedications/Improvements 30. Developer shall cause Owner to execute a covenant of easement for access purposes as shown on the tentative map. The obligation to execute and record the covenant of easement shall be shovra and recording information called out on the final map. Developer shall provide City Engineer with proof of recordation prior to issuance of building permit. 31. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the tentative map. Additionally, Developer shall cause Owner to make an irrevocable offer of dedication to the City, with transfer rights, for an access easement from Salk Avenue through Lot 2 to the adjacent property southeasterly of this subdivision, as shown on the tentative map. The offers shall be made by a certificate on the final map. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. 32. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 33. Developer shall provide the design of all drainage systems to the satisfaction of the City Engineer. The City shall inspect all drainage systems. Developer shall pay the standard improvement plancheck and inspection fees. 34. Developer shall execute a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the tentative map and the following improvements including, but not limited to paving, base, sidewalks, curbs and gutters, medians, signing and striping, traffic control, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, retaining walls and reclaimed water, to City Standards to the satisfaction of the City Engineer. 1. El Camino Real to prime arterial standards. 2. Salk Avenue to industrial street standards. 3. A traffic signal at the intersection of College Boulevard and Salk Avenue. The Developer may request that a reimbursement agreement for the cost of this facility over their fair share be processed. If a reimbursement agreement is requested it shall be approved prior to or concurrent with approval of the flnal map for this subdivision. A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 35. Developer shall cause Owner to waive direct access rights on the final map for all lots abutting El Camino Real. 36. The developer shall design and install the permanent detention basin shown in the tentative map to ensure that the carrying capacity of the existing storm drain system downstream of the subdivision is not exceeded. The design shall adhere to City Standards to the satisfaction of the City Engineer. A statement regarding maintenance requirements by the property owners within the subdivision and the right but not the obligation for city emergency maintenance must be included in the project's CC&R's and in the Final Map. The developer shall enter into a basin maintenance agreement and submit a maintenance bond satisfactory to the City Engineer prior to the approval of grading, building permit or flnal map, whichever occurs flrst, for this project. 37. El Camino Real shall be dedicated by Owner along the project frontage based on a center line to right-of-way width of 102 feet and in conformance with City of Carlsbad Standards. 38. Prior to issuance of building permits. Developer shall underground all existing overhead utilities along the subdivision boundary. 40. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit, latest version. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)". The SWMP shall be in compliance with the NPDES permit requirements and provisions as established by the San Diego Region of the California Regional Water Quality Control Board and the City of Carlsbad. The SWMP shall address measures to reduce to the maximum extent possible storm water pollutant runoff at both construction and post-construction stages of the project. The SWMP shall: 1. Identify construction activity and post-development on-site pollutants of concern. 2. Recommend structural and non-structural Best Management Practices (BMPs) to remove said pollutants. 3. Establish speciflc procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee and resident education on the proper procedures for handling clean up and disposal of pollutants. 4. Ensure long-term maintenance of all post construct BMPs in perpetuity. 5. Incorporate measures to ensure-development runoff rates and velocities from the site are not increased as a result of the project. Additionally, concurrent with the SWMP, the applicant shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)". The SWPPP shall be in compliance with current requirements and provisions established by the California Water Resources Control Board. 41. Prior to occupancy. Developer shall install street lights along all public and private street frontages abutting and/or within the subdivision boundary in conformance with City of Carlsbad Standards. 42. Prior to occupancy, Developer shall install sidewalks along all public streets abutting the subdivision in conformance with City of Carlsbad Standards. 43. Prior to occupancy. Developer shall install wheelchair ramps at the public street comers abutting the subdivision in conformance with City of Carlsbad Standards. 45. Developer shall incorporate into the grading/improvement plans the design for the project drainage outfall end treatments for any drainage outlets where a direct access road for maintenance purposes is not practical. These end treatments shall be designed so as to prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a modified outlet headwall consisting of an extended concrete spillway section with longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate, to the satisfaction of the City Engineer. Final Map Notes 46. Developer shall show on Final Map the net developable acres for each parcel. 47. Note(s) to the following effect(s) shall be placed on the map as non-mapping data A. All improvements are privately owned and are to be privately maintained with the exception of the following: 1. El Camino Real 2. Salk Avenue 3. Traffic signal at College Boulevard and Salk Avenue B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. C. Geotechnical Caution: 1. Slopes steeper than two parts horizontal to one part vertical exist within the boundaries of this subdivision. 2. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. D. No structure, fence, wall, tree, shrub, sign, or any other object shall be placed or permitted on the subject property within the line-of-sight areas. No obstructions shall impede nor conflict with the lines-of-sight established per Section 8 of the City's Engineering Standards. The underlying property owner shall maintain this condition. E. A permanent detention basin to ensure that the carrying capacity of the existing storm drain system downstream of the subdivision is not exceeded is required within this subdivision. The property owners within this subdivision are required to provide for the maintenance of the basin. The City has the right but not the obligation to perform emergency basin maintenance. The subdivision property owners shall agree to keep current the basin maintenance agreement and maintenance bond to the satisfaction of the City Engineer. F. Covenants of easement for access purposes are required as shown on the tentative map. The obligation to execute and record the covenants of easement shall be shown and recording information called out on the flnal map. Code Reminder The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 48. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. 49. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 50. Some improvements shown on the tentative parcel map and/or required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall immediately initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful. Developer shall demonstrate to the City Engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the City to successflilly acquire said property by condemnation. J CITY OF CARLSBAD REQUEST FOR CONDITIONS FINAL REVISED DATE: February 26. 2002 PLANS INCLUDED TO: ENGINEERING DEPARTMENT - Frank Jimeno *FIRE DEPARTMENT - MIKE SMITH * Carlsbad WATER DISTRICT FROM: Planning Department PROJECTTITLE: Fox Miller Propertv APPLICANT: Fox/ Miller PROPOSAL: five lot industrial subdivision west of El Camino Real and south of College BLvd REQUEST FOR CONDITIONS ON APPLICATION NO. ZC 00-07/GPA 00-05/CT 0-20/ SUP 00-10/HDP 00-11/PIP 00-02 Please submit written conditions to Van Lynch the Proiect Planner in the Planning Department. 1635 Faraday Avenue, by March 19, 2002 (If you have "No Conditions", please so state.) If not received by the date indicated, it will be assumed that you have no conditions and the proposal has your endorsement as submitted. If you have any questions, please contact the Project Planner at 602-_4613 . Time is of the essence, since the staff report preparation has begun. THANK YOU COMMENTS: Ud PjJVL^i-h;&u.5 0^ ^^c/~- 2/07/00 CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: Monday. January 22.2001 REVISED PLANS TO: * ENGINEERING DEPARTMENT - Frank Jimeno POLICE DEPARTMENT - ATTN: J. SASWAY FIRE DEPARTMENT - MIKE SMITH BUILDING DEPARTMENT - PAT KELLEY RECREATION - MARK STEYAERT PUBLIC WORKS DEPARTMENT (STREETS) - HEIDI HEISTERMAN ^WATER DISTRICT LANDSCAPE PLANCHECK CONSULTANT - LARRY BLACK SCHOOL DISTRICT NORTH COUNTY TRANSIT DISTRICT - PLANNING DEPARTMENT SEMPRA ENERGY - LAND MANAGEMENT * Always Send Exhibits FROM: Planning Department REQUEST FOR REVIEW AND COMMENT ON APPLICATION NO. CT 00-20 NOTE: Please use this number on all correspondence. PROJECTTITLE: FOX/MILLER APPLICANT: BOB LADWIG PROPOSAL: FIVE LOT INDUSTRIAL SUBDIVISION Piease review and submit written comments and/or conditions to Van Lynch the Project Planner in the Planning Department at 1635 Faraday Avenue, by February 21. 2001 (If you haye "No Comments", please so state.) If not received by the date indicated, it will be assumed that you have no comment and the proposal has your endorsement as submitted. If you have any questions, please contact Van at 602- 4613. The request for conditions will follow at the appropriate time. THANK YOU COMMENTS: PLANS ATTACHED FRM0020 10/00 City of Carlsbad Public Works — Engineering December 7, 2000 TO: ASSOCIATE PLANNER - VAN LYNCH From: Associate Engineer - Land Development CT 00-20, GPA 00-05, ZC 00-07, SUP 00-10, HDP 00-11, PIP 00-02: FOX/MILLER PROPERTY COMPLETENESS REVIEW AND INITIAL ISSUES STATEMENT The Engineering Department has completed its review of the subject project for application completeness. The application and plans submitted for this project are incomplete and unsuitable for further engineering review due to the following missing or incomplete items: 1. The subdivision boundary does not match the legal description in the preliminary title report. Provide a one-page exhibit that shows the legal boundary of the subdivision. Pay particular attention to the alignment of El Camino Real. 2. Add Mission Beach, LLC as one of the owners per the preliminary title report. Explain their relationship to Mission Diego Associates, L.P. Also explain item 7 of the preliminary title report (an unrecorded lease) and its impact on the proposed development. 3. Add to the title sheet the names of the utilities and school district providing service to the project. 4. Show the ADT calculations for the project in the title sheet. The traffic report is incomplete. Provide a copy of the referenced report. The existing streets need to be updated and current counts need to be used. 5. Are there any existing fire hydrants within 300 feet of the project on El Camino Real? Additionally, staff has conducted a preliminary review of the project for engineering issues of concern. Some of the engineering issues that need to be resolved or adequately addressed prior to staff making a determination on the proposed project are as follows: 1. Access to the property southerly of the project on El Camino Real has to be provided from Salk Avenue. When that property develops, there will be no direct access to El Camino Real. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 602-8562 ^ December 7, 2000 CT 00-20 Fox-Miller Property Page 2 2. In order to minimize the effects of the grading operation, the use of crib walls is strongly recommended. The use of 1.5:1 slopes raises other issues that are not being addressed here. 3. Coordinate north arrows for each sheet, they do not match. 4. This project is scheduled to convey its sewer to the treatment plant via the Agua Hedionda south line (proposed to be constructed in the near future). Since the Agua Hedionda north line is close to capacity, the interim use of this line will be restricted. Thus, sewer capacity could impact the timely release of building permits for this project. 5. Investigate moving the proposed sewer line traversing open space lot 5. Does the proposed alignment minimize habitat impacts? 6. Provide temporary desilting basins for each padded lot. 7. Clarify the seemingly conflicting statements on page 10 of the soils report. Under Section 3.6 Faulting, the third paragraph states the fault is younger than the Holocene time, thus active by definition. The next paragraph states it is most likely pre-Holocene, thus not active. 8. In the soils report, under Section 6.1.4 Removal and Recompaction, the fist paragraph states to remove and recompact undocumented fill soils, alluvium topsoil, and colluvium "prior to placing any fill". The next paragraph states they should be removed "from beneath proposed fill and/or pad areas". Clarify. 9. In the earthwork quantities, include shrinkage and bulking estimates. Include an explanation on how you estimated the volume of remedial grading vis-a-vis the soil report's recommendation. 10. Add sight lines as shown in the site plan. Use a 15-ft set back from curb line as the starting point per Caltrans guidelines. Coordinate these sight line requirements with the proposed landscape. 11. Provide an exhibit showing the Salk Avenue crest sight distance requirements per Caltrans guidelines. 12. Show Mission Bell street lights along El Camino Real. 13. This project will have to install a traffic signal at the intersection of College Boulevard and Salk Avenue and pay for its proportional share of the costs. December 7, 2000 CT 00-20 Fox-Miller Property Page 2 14. Please note any other comments in the enclosed redlined check prints. Please return the redlined check print set of the project with the corrected plans to assist us in our continued review. If you have questions regarding any of the comments above, please contact me at 602-2758. FRANK JIMENO Associate Engineer Deputy City Engineer - Development Services Senior Civil Engineer - Land Development CITYW CARLSBAD REVIEW AND COMivrENT MEMO DATE: TO: November 20,2000 REVISED PLANS | | FROM: ENGINEERING DEPARTMENT POLICE DEPARTMENT - ATTN: J. SASWAY FIRE DEPARTMENT - MIKE SMITH BUILDING DEPARTMENT - PAT KELLEY RECREATION - MARK STEYAERT JtS PUBLIC WORKS DEPARTMENT - WW WATER DISTRICT LANDSCAPE PLANCHECK CONSULTANT - LARRY BLACK SCHOOL DISTRICT NORTH COUNTY TRANSIT DISTRICT - PLANNING DEPARTMENT SEMPRA ENERGY - LAND MANAGEMENT Always Send Exhibits CAL TRANS Planning Department REQUEST FOR REVIEW AND COMMENT ON APPLICATION NO. GPAOO-05/ZCOO-07/ NOTE: Please use this number on all correspondence.CTOO-20/supoo-io/HDPOO-ii/PiPOO-o^ PROJECTTITLE: FOX/MILLER APPLICANT: LADWIG DESIGN GROUP,INC PROPOSAL: 5 LOT INDUSTRIAL SUB-DIVISION Please review and submit written comments and/or conditions to VAN LYNCH the Project Planner in the Planning Department at 1635 Faraday Avenue, by 12-4-00 (If you have "No Comments", please so state.) If not received by the date indicated, it will be assumed that you have no comment and the proposal has your endorsement as submitted. If you have any questions, please contact VAN LYNCH at 602- 4613_. The request for conditions will follow at the appropriate time. THANK YOU COMMENTS: U/ki PLANS ATTACHED FRM0020 10/00 CITY W CARLSBAD REVIEW AND COMmENT MEMO • DATE: November 20,2000 REVISED PLANS TO: * ENGINEERING DEPARTMENT POLICE DEPARTMENT - ATTN: J. SASWAY FIRE DEPARTMENT - MIKE SMITH BUILDING DEPARTMENT - PAT KELLEY RECREATION - MARK STEYAERT PUBLIC WORKS DEPARTMENT - VIRGINIA McCOY WATER DISTRICT LANDSCAPE PLANCHECK CONSULTANT • LARRY BLACK SCHOOL DISTRICT NORTH COUNTY TRANSIT DISTRICT - PLANNING DEPARTMENT SEMPRA ENERGY - LAND MANAGEMENT * Always Send Exhibits CAL TRANS FROM: Planning Department REQUEST FOR REVIEW AND COMMENT ON APPLICATION NO. GPAOO-05/ZCOO-07/ NOTE: Please use this number on all correspondence.CTOO-20/supoo-io/HDPOO-ii/PiPOO-o: PROJECTTITLE: FOX/MILLER APPLICANT: LADWIG DESIGN GROUP,INC PROPOSAL: 5 LOT INDUSTRIAL SUB-DIVISION Please review and submit written comments and/or conditions to VAN LYNCH the Project Planner in the Planning Department at 1635 Faraday Avenue, by 12-4-00 (If you have "No Comments", please so state.) If not received by the date indicated, it will be assumed that you have no comment and the proposal has your endorsement as submitted. If ^ you have any questions, please contact VAN LYNCH at 602- ^6i3 . The request for conditions will follow at the appropriate time. HANK YOU ^YY^^^ ^ . PLANS ATTACHED A>»M^^^ ^_^nJ^ M^L- -{v fvW^M^^ -^-- j ^ ) 10/00 e^t^ir— Ayi^^-^^^\^^^^OV~^ ^ •/i^-^l^n^-^)^'^*^!^ FRM0020 10/00 CITY^ CARLSBAD REVIEW AND COI\^NT MEMO DATE: November 20,2000 REVISED PLANS I I TO: * ENGINEERING DEPARTMENT / . POLICEDEPARTMENT-ATTN:J. SASWAY - A FIRE DEPARTMENT - MIKE SMITH /^f. BUILDING DEPARTMENT - PAT KELLEY '^ftZ - RECREATION • MARK STEYAERT c^'^riiffw j PUBLIC WORKS DEPARTMENT - VIRGINIA McCOY ^/^^ ^WATER DISTRICT LANDSCAPE PLANCHECK CONSULTANT - LARRY BLACK ; SCHOOL DISTRICT NORTH COUNTY TRANSIT DISTRICT - PLANNING DEPARTMENT SEMPRA ENERGY - LAND MANAGEMENT * Always Send Exhibits CAL TRANS FROM: Planning Department •1/ REQUEST FOR REVIEW AND COMMENT ON APPLICATION NO. GPAOO-05/ZCOO-07/ NOTE: Please use this number on all correspondence.CTOO-20/suPOO-io/HDPOO-ii/PiPOO-o; PROJECTTITLE: FOX/MILLER APPLICANT: LADWIG DESIGN GROUP,INC PROPOSAL: 5 LOT INDUSTRIAL SUB-DIVISION Please review and submit written comments and/or conditions to VAN LYNCH the Project Planner in the Planning Department at 1635 Faraday Avenue, by 12-4-00 (If you have "No Comments", please so state.) If not received by the date indicated, it will be assumed that you have no comment and the proposal has your endorsement as submitted. If you have any questions^ please contact VAN LYNCH at 602- 4613 . THO request for conditions will follow at the appropriate time. THANK YOU COMMENTS: PLJM^^ U/WS RSSKi ggVlgWgb A^tS 'Tgf^tAlgfktQKl PLANS ATTACHED FRM0020 10/00 CITY^ CARLSBAD REVIEW AND COI\^NT MEMO • DATE: November 20.2000 REVISED PLANS TO: * ENGINEERING DEPARTMENT POLICE DEPARTMENT - ATTN: J. SASWAY FIRE DEPARTMENT - MIKE SMITH BUILDING DEPARTMENT - PAT KELLEY RECREATION - MARK STEYAERT PUBLIC WORKS DEPARTMENT - VIRGINIA McCOY WATER DISTRICT LANDSCAPE PLANCHECK CONSULTANT - LARRY BLACK SCHOOL DISTRICT NORTH COUNTY TRANSIT DISTRICT - PLANNING DEPARTMENT SEMPRA ENERGY - LAND MANAGEMENT * Always Send Exhibits CAL TRANS FROM: Planning Department REQUEST FOR REVIEW AND COMMENT ON APPLICATION NO. GPAOO-05/ZCOO-07/ NOTE: Please use this number on all correspondence.cTOO-20/supoo-io/HDPOO-ii/piPOO-02 PROJECT TITLE: FOX/MILLER APPLICANT: LADWIG DESIGN GROUP,INC PROPOSAL: 5 LOT INDUSTRIAL SUB-DIVISION Please review and submit written comments and/or conditions to VAN LYNCH the Project Planner in the Planning Department at 1635 Faraday Avenue, by 12-4-00 (If you have "No Comments", please so state.) If not received by the date indicated, it will be assumed that you have no comment and the proposal has your endorsement as submitted. If you have any questions, please contact VAN LYNCH at 602- 4613 . The request for conditions will follow at the appropriate time. THANK YOU COMMENTS: A^Q Cyz^^A^.j^ {/A-^ - PLANS ATTACHED FRM0020 10/00 Van Lynch - Re: CT 00-20 - FOX/MILL^ H Page 1 From: Skip Hammann To: Van Lynch Date: 11/20/00 8:07AM Subject: Re: CT 00-20 - FOX/MILLER I guess you need to send out your letter. I don't know when Frank recieved the packet from Planning, but if you are at your deadline then there is not much choice. It would be Engineering's preference to have our comments included with Plannings. »> Van Lynch 11/16/00 03:03PM »> Skip: The Fox/Miller tentative map application was submitted to the City on 10/17/00. The 30 day complete/incomplete letter was due on 11/16/00, today. I've asked Frank on various occasions to have the complete/incomplete items to me by the deadline date. As of 3:00 on 11/16/00 I have not seen any review or comments on the project. I am forced to send my complete/incomplete letter out without engineering input. I understand Frank is in a Permits training class this afternoon and will be on vacation next week. Van Lynch Associate Planner City of Carlsbad (760) 602-4613 Vlync@ci.carlsbad.ca.us CC: Bob Wojcik; Frank Jimeno CARLSBAD FIRE DEPARTMENT Fire Protection Services INITIAL PLAN REVIEW REPORT PROJECT NAME: FOX MILLER Date: 11-08-00 Project number: Planning PIP 00-02 Engineering Initial review: (Note: This commentary identifies fire protection issues associated with the project, and/or prescribes specific corrections needed to achieve Fire Department approval.) No issues at this time ^' C^i^&Tf^ ^ _ Vi^lyl0A(^r Co fe^) ^t^-'^K^ Lciclilftg Design Grouf^ Inc. July 13, 1998 Mr. David Lawhead ; Department of Fish and Game Environmental Service Division 8885 Rio San Diego Drive Suite 270 San Diego, CA 92108 RE: KOLL/FOX PROPERTY/CITY OF CARLSBAD (LADWIG DESIGN GROUP, INC. JOB NO. L-l049) Dear David: Enclosed is a copy of a package that I sent to Julie Vanderweir at US Fish and Wildlife on June 30, 1998. I have also enclosed some additional information for you to review prior to our field meeting on the Fox Property on Monday, June 27, 1998 at 2:00 p.m. Sorry you are not able to attend our meeting on the 14* at US Fish and Wildlife Service, but I am looking forward to meeting with you onsite in several weeks. The items that I have enclosed are: Letter to Julie Vanderweir dated June 30, 1998. Letter from Recon to myself dated June 22, 1998. This letter is a preliminary review letter of the biology studies on Fox Property. Letter to the City of Carlsbad dated June 12, 1998. This letter is for a preliminary submittal of the project that we made to the City. 8'/a X 11 Preliminary sketch of the sensitive resources on the Fox Property prepared by Recon dated June 3, 1998. 8'/2 X 11 Color photograph of the property from an aerial picture taken June 1, 1998. 24 X 36 Copy of the preliminary site plan that I prepared for the Fox Property showing 30.2 acres of net pad area and close to 9 acres of natural open space. Copy of 100 scale aerialtopo for the property. This is the new aerial topography prepared for this site. The site plan was prepared using City of Carlsbad 1988 version of aerial topography. Any subsequent plans and the actual application to the City will be prepared on the new flown topo. One reduced (11 x 17) copy of the proposed Fox Development Plan. 703 pQlomar flirport Road • Suite 300 • Carlsbad, California 92009 (760) 438-3182 FfiX (760) 438-0173 Mr. David Lawhead July 13, 1998 Page 2 As I mentioned, Recon has started their Gnatcatcher surveys and we will have that information for you at our meeting in several weeks. In addition, Recon is also doing a survey to determine whether we have wetlands on the property in the three major drainage areas. The wetlands delineation survey should be finished in the very near future. Again, I look forward to meeting with you in the field at 2:00 on Monday, July 27, 1998. I hope you have a nice vacation and I will see you when you get back. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:baw.027 Enclosures cc: Julie Vanderweir, LIS Fish and Wildlife Service. Don Rideout, City of Carlsbad Jeff Gibson, City of Carlsbad Mark Miller, Koll Company 703 Palomar fiirport Road • Suit© 300 • Carlsbad, California 92009 (760)438-3182 FfiX (760) 438-0173 July 8, 1998 TO: JEFF GIBSON, ASSOCIATE PLANNER FROM: Associate Engineer Quon FOX PROPERTY, PRE 98-34 The Engineering Department has performed a preliminary review of this project and offers the following comments: 1. With regard to traffic circulation, the City prefers the project include a street that connects this site to Salk Avenue, as opposed to a single cul-de-sac street. Please note that without a street connection to Salk Avenue, the project with the proposed single cul-de-sac street is limited to a maximum of 3,000 Average Daily Traffic (ADT). A street intersection with El Camino Real may be allowed, but turning movements at such an intersection will be limited to right in/right out only, along with a deceleration lane along El Camino Real. It must also be demonstrated that this intersection contains adequate corner sight distance. Finally, this intersection is to be designed so that the intersecting street contains at least 100' of tangent from El Camino Real. 2. Public improvements required with this project include the remaining street improvements to El Camino Real to City prime arterial standards. 3. The project should include within its boundaries, as well as provide access to, the rectangular parcel at the southeast corner (El Camino Equipment Rental) 4. Storm runoff from this project is to be retained onsite to attenuate peak flows. Future project submittals should include a hydrology study and calculations used to determine sizing of detention basins. If you have questions or need additional information, please contact me at extension 4380. KENNETH W. QUON Associate Engineer c: Public Works Director Bob Wojcik, Principal Civil Engineer COMMUNITY:FOX PROPERTY PRELIM ENG COMMENTS ^ti^e^ Cop'../ City of Carlsbad Planning Department July 9, 1998 Mark Miller Koll Development Company 4275 Executive Square, Suite 240 La Jolla, CA 92037 SUBJECT: PRE 98-34 - Fox Property APN: 212-020-23 A preliminary review of your project was conducted on July 2, 1998. Listed below are the issues raised by staff. Please note that the purpose of a preliminary review is to provide you with direction and comments on the overall concept of your project. The preliminary review does not represent an in-depth analvsis of vour project. Additional issues of concern mav be raised after your application is submitted and processed for a more specific and detailed review. Planning: 1. Based on the potential for significant impacts to sensitive biological resources on the project site and the potential requirement of a State permit, the Planning Department recommends that you consult with the appropriate public wildlife agencies before you submit a formal application with the City. This early consultation may help to avoid a potential project redesign during the formal project review process. 2. The proposed project will require a General Plan Amendment, Zone Change, Special Use Permit, Hillside Development Permit, and a subdivision map. Grading of the site as proposed will require a variance from the El Camino Real Corridor Development Standards. The standards limit cut and fill within the 30 foot setback area to 1 5 feet. 3. Except for the collector road, the Planning Department does not support the grading encroachment into the slope areas that are 40% and greater. See the marked plan for the staff's recommended open space configuration for the site 4. The Planning Department does not support the proposal for 12 to 18 acre building pads on such a topographically constrained site. To minimize the amount of grading on the site smaller stepped building pads should be utilized. 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 PRE 98-34 - FOX PROP JULY 9, 1998 PAGE 2 1. With regard to traffic circulation, the City prefers the project include a street that connects this site to Salk Avenue, as opposed to a single cul-de-sac street. Please note that without a street connection to Salk Avenue, the project with the proposed single cul-de-sac street is limited to a maximum of 3,000 Average Daily Traffic (ADT). A street intersection with El Camino Real may be allowed, but turning movements at such an intersection will be limited to right in/right out only, along with a deceleration lane along El Camino Real. It must also be demonstrated that this intersection contains adequate corner sight distance. Finally, this intersection is to be designed so that the intersecting street contains at least 100' of tangent from El Camino Real. 2. Public improvements required with this project include the remaining street improvements to El Camino Real to City prime arterial standards. 3. The project should include within its boundaries, as well as provide access to, the rectangular parcel at the southeast corner (El Camino Equipment Rental). 4. Storm runoff from this project is to be retained onsite to attenuate peak flows. Future project submittals should include a hydrology study and calculations used to determine sizing of detention basins. Please contact Jeff Gibson at (760) 438-1161, extension 4455 if you have any questions. GARY ^. WAYNE Assistant Planning Director GEW:JG:mh c: Michael J. Holzmiller Ken Quon Mike Smith Bill Plummer Bobbie Hoder ^File Copy Data Entry cmr OF CARLSBAD 1200 CAHLSBAO vn.UGe DRIVE CARLSBAD, CAUFORNIA 92008 434-2867 ACCOUNT NO. iii$CRIPTI0i A WllINT ttOT VALIP VA|.iDATED BY R TOT^L 4^0 - " ' llv'i"iiiilMlil»ilHlliil I ,.,"1, PRELIMINARY REVIEW APPLICATION PROJECT NAiVIE: FOX PROPERTY APPLICANT NAME: KOLL DEVELOPMENT COMPANY - ATTN: MARK MILLER MAILING ADDRESS: 4275 EXECUTIVE SQUARE - SUITE 240, LA JOLLA CA 92037 PHONE NUMBER: (619) 625-3132 PROJECT ASSESSOR'S PARCEL NUMBER(S) (APN): 212-020-2J (53.66 ACRES) APPLICATION PREPARED BY LADWIG DESIGN GROUP INC-BOB LADWIG (438-3182) 703 PALOMAR AIRPORT ROAD - SUITE 300, CARLSBAD, CA 92009 DESCRIPTION OF PROPOSAL (ADD ATTACHMENT IF NECESSARY): Proposed General Amendment (U.A. & O.S. to O.S. & P.M.) Zone Change from L.C. to P.I. for a 53+ acre Planned Industrial Project west of El Camino Real between Faraday Ave, and College Ave. See attached project description. WOULD YOU LIKE TO ORALLY PRESENT YOUR PROPOSAL TO YOUR ASSIGNED STAFF PLANNER/ENGINEER? YES NO • PLEASE LIST THE NAMES OF ALL STAFF MEMBERS YOU HAVE PREVIOUSLY SPOKEN TO REGARDING THIS PROJECT. IF NONE, PLEASE SO STATE. NONE FOR CITY USE ONLY pre "78-^ PROJECT NUMBER: FEE REQUIRED/DATE FEE PAID: ^tO RECEIPT NO.: Pih^isj RECEIVED BY: ^ m^O^— FRM0025 3/96 PAGE 3 of 3 L-l049 6/15/98 lcicluiig Design Group, Inc. June 30,1998 Ms. Julie Vanderwier I U.S. Fish & Wildlife Service 2730 Loker Ave. West Carlsbad, CA 92008 , , . RE: FOX PROPERTY/ CITY OF CARLSBAD (LADWIG DESIGN GROUP, INC. JOB NO. L-l049) Dear Julie: On June 12, 1998 I submitted to the City for preliminary review the attached plan A for the Fox Property. In addition, I also submitted a copy of the attached color photograph dated June 1, 1998. Shortly after the submittal, I received the attached letter from Recon dated June 22, 1998 relative their preliminary review of the Fox property based on their biological studies. As you will notice from the Recon letter, we have several sensitive biological resources present on site. No gnat- catchers were heard during the site visits but we are now going to have Recon do a formal survey for the Califomia gnat-catcher. In addition, Recon will be authorized to determine if we do have jurisdictional wetlands on site. We expect to get formal written comments on our preliminary proposal back from the City in about two weeks. Please look over the attached exhibits. Also thank you for agreeing to meet with us on Tuesday, July 14* at 3:00 p.m. in your office to go over the preliminary plan. Hopeftilly by that time we will have more information from Recon relative whether the site is occupied by gnat-catchers and whether we are dealing with jurisdictional wetlands in the three major canyon areas. Thanks again for agreeing to meet with us. If you have any questions prior to that time please give ma a call. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL;ad.025 cc: Mark Miller, Koll Development Don Rideout, City of Carlsbad Wendy Loeffler, Recon 703 pQlomar Rirport Rood • Suit© 300 • Carisbod, California 92009 (760) 438-3182 FRX (760) 438-0173 Loduiig Design Group, Inc. June 12, 1998 City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009 RE: FOX PROPERTY - PRELIMINARY REVIEW (LADWIG DESIGN GROUP, INC. JOB NO. L-l049) Enclosed are three sets of exhibits for the proposed development of the Fox Property that lies west of El Camino Real between College Ave. and Faraday Ave. Exhibits that I have attached are three copies of the following: 1. Preliminary Study Map (24X36). 2. Open space Exhibit (24X36). 3. Completed Preliminary Review Application form. 4. Color photograph of the property. 5. WPA Traffic Engineering letter dated June 9, 1998. 6. Koll (KDC - OC, Inc.) Check #17485 in the amount of $420. Please review our project and retum your written comments. We have indicated on the application form that we request to orally present our project to the assigned staff member. Please call us to set up a specific time. In the design of the project, we considered connecting Salk Ave. From Fermi Court easterly through the project to intersect with El Camino Real at Cougar Ave. We abandoned making that connection for the following reasons: •The proposed street connection would be steep - 8% - to connect to El Camino Real. 8% is a difficult grade for large tmcks in the industrial area. 703 Palomar Rirport Rood • Suite 300 • Carlsbad, CaliFornia 92009 (760)438-3182 FRX (760) 438-0173 City of Carlsbad June 12, 1998 Page 2 •By eliminating the thm street, significant amount of 40% slopes will not be impacted. •The Letter Box Canyon natural drain area at the lower elevation would have to be filled and impacted with a connecting street. •By building the cul-de-sac, significant street improvements would be eliminated (1,800 feet for a connecting street versus 450 feet for the proposed cul-de-sac plan.). •Without extending Salk Ave., significant open space can be preserved (9.1 acres or nVzVo ofthe site.) This preserved open space is a large contiguous area surrounding the natural areas that drain into Letter Box Canyon. There is currenlty 4.9 acres of General Plan open space within the property. Our proposal will almost double the amount and provide 9.1 acres. In addition to the above, other design feature for the project include: •Maintaining proper sight distance standards at the new signalized intersection at Cougar and El Camino Real. •Creating two large industrial pads for major users. These sites are compatible for large campus type development and also for companies that want to assure areas to expand into. •The project will sewer directly into the existing 8" stub and Salk Ave. just east of Fermi Ct. •The proposed drainage system for the project has a sedimentation basin in each of the pads that drain into a central collection system and discharge into a major detention facility in Letter Box Canyon at the very easterly end of existing Salk Ave. •The proposed entrance road (Cougar) will have a raised median separating traffic lanes. •The major slopes within the project are designed consistent with the new Hillside Ordinance in that they are not straight, but undulate and vary between 2 and 3:1. In addition, the slopes along El Camino Real will be attractively planted to be consistent with the El Camino Real corridor standards and enhance the overall project appearance. The applications that we see that will be required for this project are as follows: •General Plan Amendment - UA to PM and OS •Zone Change - LC to PI •Hillside Development Permit 703 Palomar Rirport Rood • Suite 300 • Corlsbod, California 92009 (760) 438-3182 FRX (760) 438-0173 City of Carlsbad June 12, 1998 Page 3 •Special Use Permit for El Camino Real corridor standards •Tentative Parcel Map (less that five lots) •Engineering Standards Variance (Two - One for intersection spacing on El Camino Real for the new Cougar signalized intersection (see attached WPA Traffic Engineering, Inc. letter dated June 9, 1998.) The other Engineering Standards Variance would be to request 30 acres of development on an industrial cul-de-sac where 25 acres is allowed. •Required Environmental Document. We have ordered a soils investigation and a biological survey. A previous Archeological Survey of the property revealed that there are no sites within the proposed development area. When the soils and biology reports are in we will submit them to you for your review. Please look over all our exhibits, this letter and our application and we look forward to receiving a call to set up a time so that we can verbally present the project to you. If you have any questions in the meantime, please give me a call. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:ad.019 Enclosures cc: Mark Miller, Koll Development Company with enclosures 703 Palomar Rirport Rood • Suite 300 • Carlsbad, California 92009 (760) 438-3182 FRX (760) 438-0173 06/22/98 15:37 NO.477 D02 J June 22,1998 Mr. Bob Ladwig Ladwig Dcjiign Oroup, Inc. 703 Palomar Airport Road. Suite 300 Carlsbad, CA 92009 Reference: PreUminaty Review Letter for the Biology Studies on die Fox Property (RECON Number 3028B) II H r. I n n A I E ni VI n Q rj r.K N I > I. CDNIUM«NTS RECEIVED JUN ? 2 1338 IADWI6 DESIGN GR 424IJutlancl Drive, Suite 201 SanOieQO.CA92l17-36K} G19 / 270-50GG fax 270-5414 Dear Mr. Ladwig: As you requested, we have done a preliminaiy assessment of proposed and potential impacts for biological resources identified on die Fox property in Carlsbad, California. The following sensitive biological resources are present on-site: thread-leaved hrodma (Brodiaea filifolia), California adolphia (Adolphia californica), Diegan coastal sage scrub, and native grassland. Two sensitive resources potendally exist on-site, to be detennined in future surveys: coastal Califomia gnatcatcher (Polioptila californica californica) and jurisdictional wedands. A full impact analysis has not been conducted at diis point; however, die following paragraphs pnuent polAnlial impacts that we have identified to date with our recommended midgadon measures. The thread-leaved bnidiaea, a aiaie-iisced endangered plant, was identified on approximately 10 to 12 acres, primarily within the area proposed for Lot I. Based on die presence of blooming individuals this season, the populadon is sparsely distributed within non-native grassland that is dominated in many areas by the non-naUve, weedy species, such as sweet fennel (Fotniculum vuigare) and mustard (Brassica sp.). RECON recommends transplantation of this species on-site widiin die non- native grassland in the proposed open space with affiliated habitat enhancement acUviiics, such as weed removal. Califomia adolphia is a California Nadve Plant Society List 2 species, which is defined a-s a plant diat is rare, du-eatened, or endangered in California but common elsewhere. Any impacts to diis species can be mitigated by including it as a part of coastal sage scrub revegetation (see below). Diegan coastal sage .icruh is considered a sensitive habiut recognized by the California Department of Fish and Game. The majority of this habitat is located widiin die proposed open space and will not be impacted. The area that would be impacted by project implementation could be mitigated through on-site revegetation. "Diree small areas of native grassland, also a sensitive habitat recognized by die Califomia Department of Pish and Game, were identified on-site. Only one of diese areas is located widiin the proposed open space. Impacts to this sensitive community can be mitigated on-site durough enhancement of the non-native gra.$s1and dirough weed removal and planting of native species. Protocol California gnatcatcher surveys will be conducted to delemnine whedier the Diegan coastal sage scrub on-site is occupied. This information will be used to determine appropriate mitigation measures for impacts to occupied habitat. Enhancement of existing coastal sage scrub and restoration of adjacent non-naUve grassland should allow for on-site mitigation of any potential impacts. A wedand delineation will he conducted to detennine die extent of jurisdictional wedands and waters of the U.S, present on-site, if potential impacts to wedands are identified, we will investigate the possibility of on-site mitigation widiin die drainages that will remain widiin die open space. JO ' 0b/iiii/yo l^rja iNU. ^rr wuo Mr. Bob Ladwig Page 2 June 22,1998 A portion of this site is identified in die agency informal review draft of iht Habitat Management Plan for Natural Communities in the City of Carlsbad (December 1,1997) as Special Resource Area I (SR A I) based on die presence of die diread-lcaved brodiaea. This species would be impacted by die proposed project; however, the proposed mitigation of transplantation widi affiliated habitat enhancement and restoration could provide a viable population widiin a native habitat setting. Sincerely, Wendy B. Loeffler Biologist WBL:lpe w n M H P A WPA Traffic Engineering, Inc. TRAFFIC & TRANSPORTATION ENGINEERING June 9, 1998 Mr. Robert Ladwig Ladwig Design Group, Inc. 703 Palomar Airport Road, Suite 300 Carlsbad, CA 92009 SUBJECT: Fox Property RECEIVED .m 1 0 1998 Dear Mr. Ladwig: ^^^^^^ p^gjg^ In response to your request, we have completed a preliminary review of vehicular access for the subject project. The review was based upon information provided by you and standard reference material. The planned development would consist of 30.2 acres of industrial development on the southeasterly side of El Camino Real near the Cougar Avenue intersection. Cougar Avenue is an existing street that serves the industrial area northeast of El Camino Real. There would be two lots within the project served by a single access to El Camino Real. An initial estimate of trips to be generated by the development was prepared and is summarized in Table 1. As indicated in Table 1, the project is estimated to generate 2,700 daily trip ends with 300 occurring during the AM peak hour and 330 during the PM peak hour. These estimates assumed only industrial use ofthe site. If some commercial uses are included, the estimate would increase. An evaluation of the access to El Camino Real was completed with respect to signalization. Warrants 23421 South Pointe Drive • Suite 190 • Laguna Hills, CA 92653 • (714) 460-0110 • FAX: (714) 460-0113 -2- TABLE1 TRIP GENERATION FOX PROPERTY PERIOD RATE' TRIPENDS' Daily 90 2,700 AM Peak Hour In 9.0 270 Out LO 30 PM Peak Hour In 2.0 60 Out 9.0 270 * Trip ends per acre from "San Diego Traffic Generation," SANDAG, 1996 ^ Based upon 30.2 Acres WPA Traffic Engineering, Inc. §980620 Preliminary Review - Fox Property -3- for the installation of traflBc signals have been developed by the Federal Highway Administration and Caltrans. For this evaluation, the peak hour warrant is felt to the applicable. A copy of the graph of this warrant is attached. As indicated in Table 1, the PM peak hour outbound project volume is estimated to be 270 vehicles. Reference to the warrant indicates that this volume would satisfy the warrant with at least 550 vehicles in both directions on El Camino Real during the peak hour. While no count was made, previous studies would indicate that this level of traflBc exists. The City of Carlsbad standards require an intersection spacing of 2,600 feet along El Camino Real. It was indicated that the proposed access is 2,350 feet from College Boulevard and 1,750 feet from Faraday Drive. While this would not satisfy City criteria, there are several factors to consider. Due to topographic factors, vehicular access for the site is limited. Access from the west would require grades that are not conducive to truck traflBc related to industrial uses. There is an existing intersection at this location on El Camino Real. Sight distance can be provided to satisfy the "7 Second" criteria of Caltrans for 60 MPH design speed. As indicated above, the volumes would satisfy the peak hour traflBc signal warrant. It would be desirable to provide a signalized intersection. This would allow safe left turns out of the site and encourage the use of the future Cannon Road connection from El Camino Real to the 1-5 Freeway. Without this signal project traflBc would be required to utilize Palomar Airport Road to reach the freeway. In summary, site access to El Camino Real would not conform to City Standards; however, there are other considerations. The site topography limits access potentials and an intersection currently exists at the proposed access location. TraflBc volumes would satisfy the peak hour traflBc signal warrant. Most important, a signalized intersection would allow site traflBc access to Carmon Road. We feel that there are definite advantages to a signalized access to Palomar Airport Road. WPA Traffic Engineering, Inc Preluninary Review - Fox Property #980620 -4- We trust that this preliminary review will be of assistance. If you have any questions or require additional information, please contact us. Respectfiilly Submitted, WPA Traffic Engineering, Inc. Weston S. Pfingle, P.E. WSP:ka #980620 WPA Traffic Engineering, Inc. Preliminary Review - Fox Property #980620 Traffic Manual TRAFFIC SIGNALS AND LIGHTING 9-15 I 7-1996 Figure 9-9 PEAK HOUR VOLUME WARRANT (Rural Areas) 500 X Q. > I X cc LU o s Z 3 > X o X 400 300 200 100 300 400 500 600 700 800 900 1000 1100 MAJOR STREET - TOTAL OF BOTH APPROACHES - VPH 1200 1300 ' NOTE: 100 VPH APPLIES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACH WITH TWO OR MORE LANES AND 75 VPH APPLIES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACHING WITH ONE LANE. MEMORANDUM April 14, 2000 TO: SENIOR PU\NNER ELAINE BLACKBURN FROM: Associate Engineer - Land Use Review PRE 00-16: FOX-MILLER PROPERTY Engineering Department staff has completed a preliminary review of the above referenced project. Prior to formal application submittal the following items should be adequately resolved/addressed: 1. Access to the site and circulation within the site shall be designed per Engineering standards. 2. Show the street cross-section for El Camino Real. Full improvements and dedications will be required along the project frontage to prime arterial standards, including median, three lanes, bike lane, curb, gutter and sidewalk. 3. This project will need a deceleration lane at El Camino Real. Instead of a steep slope at this location, consider the use of a crib wall. 4. Entrance driveway to the northerly pad area seems to have a sight distance problem. Analyze sight distance requirements. 5. The drainage design must meet Engineering Standards. Design must adhere to the provisions ofthe National Pollutant Discharge Elimination System. 6. All existing utilities must be shown in the site plan. Design requirements will then be determined. 7. This preliminary review does not constitute a complete review of the proposed project, additional items of concern may be identified upon formal project application submittal. If you or the applicant have any questions, please contact me at (760) 602-2758. FRANK J. JIMENO Associate Engineer Deputy Civil Engineer - Land Development Senior Civil Engineer - Land Development Citv of Carlsbad Planning Department April 13, 2000 Ladwig Design Group Suite 300 703 Palomar Airport Road Carlsbad CA 92009 SUBJECT: PRE 00-016 - FOX-MILLER PROPERTY APN: 212-020-023 A preliminary review of your project was conducted on April 13, 2000. Listed below are the issues raised by staff. Please note that the purpose of a preliminary review is to provide you with direction and comments on the overall concept of your project. The preliminary review does not represent an In-depth analysis of vour project Additional issues of concern may be raised after your application is submitted and processed for a more specific and detailed review- Planning: 1. Development of the subject site would require, at a minimum, approval of a General Plan Amendment, Zone Change, Specific Plan, Subdivision Map, and Hillside Development Permit. 2. Your submittal incorporated several slope heights, grading areas, and other implied modifications to the Hillside Development regulations. Staff has reviewed that submittal and has concluded that the modifications to the hillside regulations proposed in your submittal are justified in that they are being done to preserve additional sensitive resource areas. Therefore, these modifications would be supported by Planning staff should they be incorporated into a project proposal. Engineering: 1. Access to the site and circulation within the site shall be designed per Engineering standards. 2. Show the street cross-section for El Camino Real. Full improvements and dedications will be required along the project frontage to prime arterial standards, including median, three lanes, bike lane, curb, gutter and sidewalk. 1635 Faraday Avenue.* Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 ^ PRE 00-016 - FOX-MILL^PROPERTY April 6, 2000 Page 2 3. This project will need a deceleration lane at El Camino Real. Instead of a steep slope at this location, consider the use of a crib wall. 4. Entrance driveway to the northerly pad area seems to have a sight distance problem. Analyze sight distance requirements. 5. The drainage design must meet Engineering Standards. Design must adhere to the provisions of the National Pollutant Discharge Elimination System. 6. All existing utilities must be shown in the site plan. Design requirements will then be determined. 7. This preliminary review does not constitute a complete review of the proposed project, additional items of concern may be identified upon formal project application submittal. Water: 1. The developer shall be responsible for constructing water and sewer facilities and meet CMWD standards in the proposed street, between the intersection of Salk Avenue and Fermi Court and the intersection of El Camino Real and the proposed street. The developer shall be responsible for connecting to the existing sewer and water facilities. 2. The developer shall be responsible for constructing recycled water pipeline in the proposed street that will eventually connect at El Camino Real. 3. The developer shall provide potable, recycled, and fire flow water demands in gallons per minute and estimated sewer flow in million gallons per day to the Deputy City Engineer - Utilities. 4. All public potable and recycled water pipelines, fire hydrants and sewer pipelines shall be within public right-of-way or within easements granted to the Carlsbad Municipal Water District or the City of Carlsbad. 5. The developer shall design all landscaping to be irrigated with recycled water per CMWD standards and City ordinances. 6. The developer shall prepare a colored recycled water use map and submit this map to the Planning Department for processing and approval by the Deputy City Engineer - Utilities. 7. All potable and recycled water meters shall be placed within public-right-of-way. PRE 00-016 - FOX-MILLft'ROPERTY April 6, 2000 Page 3 8. A fire flow system shall be required for this industrial development and it shall be constructed as a looped system. Please contact Elaine Blackburn at (760) 602-4621 if you have any Planning questions and Frank Jimeno at (760) 602-2758 if you have any Engineering questions. Sincepaly E. WAY! Assistant Planning Director GEW;EB:cs c: Michael J. Holzmiller Team Leader Project Engineer Mike Smith Bill Plummer File Copy Data Entry ) Elaine Blackburn - Fox-Miller Property -00-16, CMWD 90-202 Page 1 From: Mikhail Ogawa To: Elaine Blackburn Date: 4/12/00 8:54AM Subject: Fox-Miller Property - PRE 00-16, CMWD 90-202 A preliminary review has been completed for the subject project. The following are CMWD comments: 1) The developer shall be responsible for constructing water and sewer facilities and meet CMWD standards in the proposed street, between the intersection of Salk Avenue and Fermi Court and the intersection of El Camino Real and the proposed street. The developer shall be responsible for connecting to the existing sewer and water facilities. 2) The developer shall be responsible for constructing recycled water pipeline in the proposed street that will eventually ^ connect in. El Camino Real. (SX 3) The developer shall provide potable, recycled and fire flow water demands in gallons per minute and estimated sewer flow in million gallons per day to the Deputy City Engineer - Utilities. 4) All public potable and recycled water pipelines, fire hydrants and sewer pipelines shall be within public right-of-way or within easements granted to the Carlsbad Municipal Water District or the City of Carlsbad. 5) The developer shall design all landscaping to be irrigated with recycled water per CMWD standards and City ordinances. 6) The developer shall prepare a colored recycled water use map and submit this map to the Planning Department for processing and approval by the Deputy City Engineer - Utilities. 7) All potable and recycled water meters shall be placed within public right-of-way. 8) A fire flow system shall be required for this industrial development and it shall be constructed as a looped system. If you have any questions, please call me at ext. 2762. Lciduiig Design Group, Inc. March 16,2000 Plarming Department City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 Reference: FOX-MILLER PROPERTY/PRELIMINARY REVIEW (Ladwig Design Group, Inc. J/N - L-1054) Enclosed is our application for preliminary review of the Fox-Miller property located on the west side of El Camino Real between Faraday and College Blvd. in LFMP Zone 5. Two previous preliminary reviews have been submitted on this property in the past. They are PRE 98-34 and 99- 25. The following is a comparison to our February 1999 submittal. • The grading has been reduced from 530,000 cubic yards to 486,860 cubic yards. • The graded area ofthe subdivision has been reduced from 36.7 acres to 34.4 acres. • The cubic yards per acre has been reduced from 14,441 to 14,152. • The pad areas have been reduced from 24.7 acres to 22.0 acres. • The thread-leafed brodiaea impact has been reduced from 3.61 acres to 1.1 acres (90% of the thread-leafed brodiaea will be left in its natural undisturbed state). A "hardline" determination for the HMP has been achieved through negotiations with the City of Carlsbad, U.S. Fish and Wildlife Service and State Fish and Game. • Salk Avenue has been revised from its existing terminus at the lower portion of the property to the coimection at El Camino Real. The El Camino Real coimection is lower in elevation and the new intersection contains line of site distance along with providing excel and decel lanes on El Camino Real. • A one-to-one cut slope is proposed on El Camino Real just north of Salk Avenue. This one- to-one cut is similar to the existing cut slope that was created when El Camino Real was widened in the 60's. While using the one-to-one cut, we can provide the necessary site 703 Palomar Airport Road • Suite 300 • Carlsbad. California 92009 (760) 438-3182 FfiX (760) 438-0173 Planning Department March 16,2000 Page 2 distance required by CalTrans. This also provides an additional area of about 30 feet in back of the curb line that can be used to view what the San Diego Natural History Museum representatives state are significant paleontological resoxirces. In addition, the one-to-one cut slope will also reduce the impacts to the brodiaea up at the top of the slope (see plan). We will be asking our soils engineer to confirm the stability of this proposed one-to-one slope including adequate safety factors. All other slopes within the project are two to one. In our July 9, response from staff to PRE 98-34, the Planning Department did not support the larger pads in what they stated as a "topographically consfrained site." Because the landowner has agreed to the "hardline" configuration, a significant portion of the most developable property within Lot 1 is being left in its natural state to protect the thread-leafed brodiaea. Because of the owner's significant effort to preserve the brodiaea in place and the curvilinear alignment of Salk Avenue, the grading adjacent to the road does impact the natural steep slopes areas within the property. We do have significant differences in pad elevations between 2, 3, and 4, and we have pulled out of the main central ravine area as quick as possible with the revised extension of Salk Avenue from its terminus at the lower portion of the property. Based on these environmental consfraints and constraints dealing with the existing location of Salk Avenue, some of the minor site canyons coming into the main canyon will be impacted with grading. In both preliminary reviews, the staff has asked us to provide access to the equipment rental yard. We have objected to providing them access and again take that same position with this new application. Access continues to be provided to the equipment yard, and we do not feel it is our obHgation to solve an access problem the City may now have with the adjacent owner. Please look over our application and we look forward to receiving written comments and we would like to review this project with the staff prior to the completion of the 30 day review period. Sincerely, Ladwig Design Group Inc. Robert C. Ladwig, President Enclosure cc: Mr. Dean Miller, w/enclosure Mr. Gordon Fox, w/enclosure RCLilb.OO? 703 Palomar fiirport Road • Suite 300 • Carlsbad, California 92009 (760)438-3182 FfiX (760) 438-0173 *i f& f, •/ / • g ROAD SURVEY 1800-1 (t ROAD SURVEY 6S2- / ^ ROAD SURVEY 1800-1 r ' 1 1 ' ftET SECTION "A-A" HORIZ. l""^^ VERT, r- F0K HILLER PMPStTT CMLSB«, CM.IFCRNIA fUH F (3/»/00) QBdUL n.M - EXISTING - UVLANNED WEA (UA) MC OPEN SPACE (OS) GOCRM. M-AH - WWPOtK) - M-AKtCO INDUSTFIAL (PI) / (3PEN SPACE (OS) - t zoMiNB - cxmtM: - LC ZONINB - PMPCSO) - PLANNED INOUS-miAL (PM) MiKlKW PMKEL NO. 212-(nO-23/53.65 ACRES PI«LIMIN*tY TITLE REPORT - CHICA(» TITuE CO #203066i06-UF0 MICD 1/27 AW. OHNER: OOmN t FOX I DEM HILLER A«I*L TOPOCRAPHT - TOWLL. INC. 5/22/?8 PROPWTY LI»«S PLOTTED FROM RECORD INF(DRMATION PUH.IC STMCTS TO MEET PUBLIC STAMOMDS WTCR MB XKR SERVICE TO K PROVIDED BY CITY OF CAM.S8A0 GRilCCS SNOtM AME PRELIMINARY AMD SUBJECT TO CHANGE. DCPCNOING ONBttlJCER OF NORK ANALYSIS AK) SOILS ENCINCER RECUMMLWATI0N8. CRAOIMt OUANTtTIEt ARE ONLY A ROIRH ESTIMATE FOR PLANNING PURPOSES. CUT^ILL lALAMCE - ^Bt.BtO 4a6, BM - 34.4 AC - 14. 1S2 CY/AC .2 AC. NATURAL SLOPES: 17.2 AC. EXISTING QEHERAL PL/W OPEN SPACE; PRUPOBED COCRAL PLAN OPEN SPACE: DEVELOPMENT PARCELS 4.? AC. 20.2 AC. LOT 1 LOT 2 LOT 3 LOT 4 TOTALS GROSS LOT AREA 3.« AC 8. I AC 6. 4 AC 7.7 AC 28.0 AC NET PAO AREA 3.3 AC 7. 1 AC 5. 1 AC 6. 5 AC 22.0 AC 16. VEttTATION fUHVRY (AREA IN ACRES) • MAR 1 6 2000 CITY OF CARLSBAD PLANNING DEPT. LEFT NATURAL/X WAL/X fMMA6-L^Avti) > BROCIACA 1.1 / lOX 9.57/»0X 10. 67/lOOX VALIXT NOSU CMACS 0. 17/73X 0.07/275( 0.26/tOOX DICBW COAtTHL SME S«RUB 2.0S/S7X 3.51/63)1 5.56/10e>! LEGEND TIHREAO-LEAVED BRODIAEA • VALLEY NEEDLEGRASS GRASSLANDS • OEICAN COASTAL SAGE SCRUB • WETLAND NCN-HETLMO JURISDICTIOI«AL WATERS DISTURBED SLOPES (QUALIFYING) CHEATER THAN 40S1 VEGETATION LIMITS PER RECON. OEIGAN COASTAL SAGE SCRUB. WETL/W). AND THREATENED PLANT CONCEPTUAL PLAN FOR THE FOX PROPERTY DATED M*«CH3. 1799. IMS MAP wa nwxmo uaw wowaummmic cwpum mat aurnm itOMom. M opsi. uwMnucKD >n» mn *» comnn DIM KAiow •tiimmsn ra* IM> KeuMeY. M AKAS or Dtmc t«(TAiia» mm tM OMUND a oHcuss ntoM Mem , CqWTOJRl Mur OTAAIC MNM COMCCT OCVAHGN. / vm mrma tr vyta, mc * mam DAK •9/£I/M ncLD suinrr coMimt. rr amm t HHrm, MC 17. VeTL/*D*» NON-«tTLANO/JURISDICTIONAL WATERS - 0. 2 AC (2770 L.F.) JURISDICTIONAL WETLAND WATERS - 0.07 AC (3200 S.F.) USACE/COFC WACTS - 0.24 AC (2270 L.F.) (INCLUJES 0. 07 AC WETLAND HAeiTAT) 40« SLOPE (OOALIFYING) SUfMARY 1^»'AC^ED WITHIN EL CAMINO REAL 0, 57 AC IMPACTED WIW LOT OEVELOPtefT 3.07 AC LEFT UN-OUTVjRBtD 2.76 AC TOTAL 6.4 AC •SEE DIEOAN COASTW. SAGE SCRUB, WEUAND. AND THREATENED PLANT CONCEPTUAL MITIGATION PLAN FDR THE FOX PROPERTY BY RECON DATED 3/3/77 / / 1-10S4 3-1-00 "PREUMIHARY SUBMCITAL" rax MiLLEft fTOPERTY 705 pniOMfB (WPOfrr noflo , 5un?3oo CTWISSID.CFIWOO? f»ON6 (7ta) 436-318S mx (7<S0)438-0173 CS1\\TUNA\C\LDG\L-1054\F0X-P«0P-2.DWG 03-01-00 0fl:t6;39 PRELIMINARY REVIEW APPLICATTON PROJECT NAME: OWNER (Print or lype) ^*m>0fO P«?K.. Address I .^ELlCMJTvCPrintortype) . City, State & Z\^_M=S±^_\lv^^O^CA^ Telephone 1-^4^ ^ 3»%-4'S^ Signature f^Y"^ ^^A.....^—--^ J * *, -JT" " •.—Ill, - *Owner's sii indicates permission to conduct a preliminary review for a development proposal. PROJECT ASSESSOR'S PARCEL NUMBER(S) CAPNl: t\'^ ^ Ol-^ ' 1^% DESCRIPTION OF PROPOSAL (ADD ATTACHMENT IF NECESSARY): WOULD YOU LIKE TO ORALLY PRESENT YOUR PROPOSAL TO YOUR ASSIGNED STAFF PLANNER/ENGINEER? YES 0^ HQ • PLEASE LIST THE NAMES OF ALL STAFF MEMBERS YOU HAVE PREVIOUSLY SPOKEN TO REGARDING THIS PROJECT. IF NONE, PLEASE SO STATE. FOR CITY USE ONLY PROJECT NUMBER:. •yRb 00-1 r FEE REQUIRED/DATE FEE PAID: ''^<^Q / 3/K/<^<^ RECEIPT NO.: RECEIVED BY: Routing: Planning • Engineering Q Fire • Water • Other. FRM0025 11/98 PAGE 3 of 3 City of Carlsbad Planning Department April 30, 1999 Ladwig Design Group, Inc. 703 Palomar Airport Rd. #300 Carlsbad, CA 92009 SUBJECT: PRE 99-25 - FOX-MILLER PROPERTY APN: 212-020-23 Pursuant to our telephone conversation of this date, the project site is NOT within the Coastal Zone. Item No. 2 in our original letter stated that the site was within the Coastal Zone. In fact, the site is not within the Coastal Zone, and would, therefore, be subject to the new Hillside regulations. Please contact Elaine Blackburn at (760) 438-1161, extension 4471 if you have any questions. Sincerely, GARY E. WAYNE Assistant Planning Director GEW:EB:mh c: Michael J. Holzmiller Dennis Turner Ken Quon Mike Smith Bill Plummer Bobbie Hoder File Copy Data Entry 2075 La Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 ^ dty of Carlsbad Planning Department April 27, 1999 Ladwig Design Group, Inc. 703 Palomar Airport Rd., #300 Carlsbad, CA 92009 SUBJECT: PRE 99-25 - FOX MILLER PROPERTY APN: 212-020-23 A preliminary review of your project was conducted on April 22,1999. Listed below are the issues raised by staff. Please note that the purpose of a preliminary review is to provide you with direction and comments on the overall concept of your project. The preliminary review does not represent an in-depth analysis of your project. Additional issues of concern may be raised after your application is submitted and processed for a more specific and detailed review. Planning: 1. Your request for a "hard-line" determination of habitat/open space to be included in the Carlsbad HMP cannot be addressed through the preliminary review process. This matter must be addressed through consultation with Planning Director Michael Holzmiller and Principle Planner Don Rideout. Don Rideout did review the biological resources study submitted with your preliminary review, and he has commented that the study appears to be acceptable with regard to its methodology and conclusions. You will need to contact him directly for further resolution of the hard-line/HMP issue. 2. With regard to the proposed encroachment into 40% slopes, staff cannot offer specific support for the plan on the basis of this preliminary review submittal. Staff cannot conduct a detailed constraints/hillside analysis in the context of a preliminary review. Since this site is within the Coastal Zone, it would be subject to the requirements of the old Hillside Development regulations. (New regulations have been adopted, but they are not yet effective within the Coastal Zone.) Any request for deviations from those standards would have to be evaluated in the context of the overall project. 3. The proposed pads still seem large considering the topographic conditions on the site. We recommend you consider a campus-type development in which smaller related pads could be utilized for connected/related structures/uses. Such a 2075 La Palmas Dr. • Carlsbad. CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 ^ PRE 99-25 - FOX MILUBKROFERTY APRIL 27, 1999 PAGE 2 design would be more sensitive to the nature of the site. The location of the proposed pads may be more important than their size in reducing the grading volumes on the site. 4. The plan submitted dcJBs not show how some of the proposed pads would be accessed. This would need to be addressed fully in any project application submittal. Engineering: 1. The City will continue to maintain its position that the project is to include within its boundaries, as well as provide access to, the rectangular parcel at the southeast corner (El Camino Equipment Rental). Provision of access to this parcel within this project would avoid having numerous intersections and driveways fronting this portion of El Camino Real and violating City standards for driveway and intersection spacing. 2. Please note that engineering comments from this review are a supplement to the July 8, 1998 preliminary review of this project. Please contact Elaine Blackburn at (760) 438-1161, extension 4471 (Planning) or Ken Quon at (760) 438-1161, extension 4380 (Engineering) if you have any questions. E. WAYNE Assistant Planning Director GEW:EB:mh c: Michael J. Holzmiller Dennis Turner Ken Quon Mike Smith Bill Plummer Bobbie Hoder File Copy Data Entry April 27, 1999 TO: ELAINE BLACKBURN, SENIOR PLANNER FROM: Ken Quon, Associate Engineer FOX PROPERTY, PRE 99-25 The Engineering Department has performed a preliminary review of this project and offers the following comments: 1. The City will continue to maintain its position that the project is to include within its boundaries, as well as provide access to, the rectangular parcel at the southeast corner (El Camino Equipment Rental). Provision of access to this parcel within this project would avoid having numerous intersections and driveways fronting this portion of El Camino Real and violating City standards for driveway and intersection spacing. 2. Please note that engineering comments from this review are a supplement to the July 8, 1998 preliminary review of this project. If you have questions or need additional information, please contact me at extension 4380. KENNETH W. QUON Associate Engineer c: Public Works Director Bob Wojcik, Principal Civil Engineer COMMUNITY:FOX PR0PERTY2 PRELIM ENG COMMENTS City of Carlsbad 1200 Carlsbad Village Drive Carlsbad CA 9200! Receipt Applicant: LADWIG DESIGN Description PRE99025 Amount 420.00 7701 03/22/99 0001 01 02 C-PRMT 420.00 Not valid unless validated by Cash Register Receipt Number: R0001991 Transaction Date: 03/22/1999 Pay Type Method Description Amount Payment Check 598 420.00 Transaction Amount: 420.00 Received: 3/19/SS 3:3TPM; 949 orS 4517 -> WILSON ENGINEERING; Page 2 MflR 19 1999 15:34 FR I^PL SERUICES IRUINE949 975 4517 10^17604380173 P.02/02 SenX By; WILSON ENGINEERING; 7604380173; Mar-'^pg 3:30PM; Page 1/1 PRRT.IMTNARV RF.VTT.W ATn»LiqATrON PROJECT NAME: fex - tUt L-Uge. ffi^^tJCTy (TggP. Pr^ S^-^'^'^ *Owuer*$ signature indicates permission to condoct a preliminary review for a development proposal. PROJECT ASSESSOR'S PARCEL NUMBERf ^kphH: 1^11^- £>Z0 - - 6 A DESCRIPTION OF PROPOSAL (ADD ATTACHMENT IF NECESSARY): WOULD YOU LIKE TO ORALLY PRESENT VOUK PROPOSAL TO YOUR ASSIGNED STAFF PLANNER/ENGINEER? ! YES ^ ' m • PLEASE LIST THE NAMES OF ALL STAFF MEMBERS YOU HAVE PREVIOUSLY SPOKEN TO REGARDING THIS PROJECT. IF NONE, PLEASE SO STATE. FOR CITY USE ONLY PROJECT NUlvffiER: _ FEE REQUIRED/DATE FEE PAID RECEIPT NO.: ' RECEIVED BY: 11/98 PAGE 3 of 3 MAR 19 1999 15:27 7604380173 PRELIMINARY REVIEW CHECKLIST J V • Staff would like to know what information you primarily want from this review. With this known, we can focus most of our attention on researching and answering your main questions(s). Please check the one or two boxes below which best describes the information you would like us to concentrate on, and/or check the box marked "other" and tell us in your own words what information you would like from us. SITE DESIGN: Focus is on reviewing issues such as development standards (setbacks, building height, etc.), hillside compliance, landscaping, signage, open space requirements, and other physical aspects of zoning. Plans adequately illustrating these features are needed for review. LAND USE: Focus is on determining the compatibility of the proposed land use with the existing general plan and zoning designations, determining whether staff could support a general plan amendment or zone change, and determining compatibility of the proposed land use with surrounding land uses. ARCHITECTURE: Focus is on establishing quality architecture and checking its compatibility with the surrounding area and against any applicable guidelines or plans. Building elevations or other architectural information are needed for review . • ZONING INTERPRETATIONS: Focus is on interpreting any aspects of the zoning ordinance. ENGINEERING STANDARDS; Focus is on reviewing all engineering-related issues, such as grading, drainage, circulation and traffic, street vacations, easements, subdivisions, etc. • OTHER: In the space below, please list any other issues you would like us to review. FRM0025 11/98 PAGE 2 of 3 lcicluiig Design Group, inc. March 3,1999 Mr. Gary Wayne Assistant Planning Director City of Carlsbad 2075 La Palmas Carlsbad, CA 92009 Reference: PRE 98-34-FOX • MILLER PROPERTY - RESUBMITTAL/REQUEST FOR HARDLINE DETERMINATION (Ladwig Design Group, Inc. J/N - L-1054) Dear Gaiy: Attached are revised plans and new supporting documents that have been prepared for the Fox • Miller property on the west side of El Camino Real between Faraday and College Blvd. The original applicant - the Koll (Company - is no longer involved in this project and this resubmittal is being done for the landowners with two goals in mind: 1. To respond to your letter to the Koll Company dated July 9, 1998 and to receive additional staff comments based on our revised plan. 2. To request a "hardline" determination to be included in the City's Habitat Management Plan (HMP) based on the supporting documents from our biologist, Recon, and our revised plans. RESPONSE ITEM #1 I will respond to your letter to the Koll Company dated July 9, 1998 in the order of items presented in your letter. Planning 1. Based on your suggestion, we have consulted with the U.S. Fish and Wildlife Service and the State Department of Fish and Game and have made significant revisions to the plan based on those meetings and information obtained by Recon. 2. No additional comments. 703 Palomar fiirport Road • Suite 300 • Carisbad, California 92009 (760) 438-3182 FfiX (760) 438-0173 Mr. Gary Wayne March 3, 1999 Page 2 3. The cul-de-sac on the original submittal has been replaced with a through street as suggested by staff. Salk Avenue will now connect from El Camino Real through the center of the property to the existing terminus of Salk Avenue at the westerly property line. 4. The two large pads on the original submittal (Lot 1 net pad = 12.0 acres and Lot 2 net pad = 18.2 acres) have been eliminated and replaced with four smaller pads in an effort to be more site sensitive and to eliminate some of the grading. The grading on the original plan was 640,000 cubic yards, and the revised plan is 530,000 cubic yards for a reduction of 110,000 cubic yards or a 17% reduction in grading. Engineering 1. As mentioned above, the cul-de-sac has been eliminated and Salk Avenue has been connected between El Camino Real and the existing terminus of Salk Avenue. In addition, we are showing Salk Avenue at El Camino Real as right-in-right-out only and have added the excel, and decel. lanes on El Camino Real as suggested. In addition, the grading has been pulled back to allow for adequate corner site distance. Salk Avenue now intersects El Camino Real to provide for a normal intersection that far exceeds the tangent requirements of the City of Carlsbad. 2. No additional comments. 3. I will respond to this item later on in this letter. 4. We agree that additional drainage studies need to be provided, and we would expect this to be part of the formal tentative map application. We agree with staffs recommendations. Engineering Item 3 is requesting that we provide access to the rectangular parcel at the southeast corner ofthe Fox • Miller property known as El Camino Equipment Rental. We object to providing them access for the following reasons: • The equipment rental yard is currently operating under access approved by the City of Carlsbad. • If the City is not satisfied with their access, we do not feel we have any obligation to correct that deficiency. • Providing access through our project would eliminate usable development area and require increased cost without having the means of recovering our cost and loss of area. • If the City imposes a condition on our project to provide access to the equipment rental yard, we are put at an extreme unfair position to negotiate with the rental yard. We would agree it would be a better situation if the equipment rental yard was part 703 Palomar fiirport Road • Suite 300 • Carlsbad. California 92009 (760) 438-3182 FfiX (760) 438-0173 Mr. Gary Wayne March 3, 1999 Page 3 of our project but by the City requiring that we provide access we have lost all our negotiating power with them to deal for a fair price. As stated above, we strongly object to the requirement to provide El Camino Equipment Rental Yard with access through our property. In summary, we have followed your staffs recommendations with the exception of the issue dealing with the rental yard and feel that our design now takes into account your staffs concerns and also the concerns and requirements of the Wildlife Agencies. We are asking to develop on some 40% slopes in exchange for a significant reduction in our net pad area and a significant increase in the open space to be provided which will protect the sensitive species that have been identified on the property. Two-thirds of the thread-leaf brodiaea is being preserved in place along with 62% of the coastal sage scrub. In addition, a significant portion of Letterbox Canyon is being preserved in place with the major impact to the canyon coming from the connection of Salk Avenue through the property. The grading has been significantly reduced especially along El Camino Real in an area that staff was concerned with earlier. RESPONSE ITEM 2 - "HARDLINE" DETERMINATION Attached to the revised preliminary review plan is information from Recon consisting of a biological /technical report and impact analysis and also a re-vegetation plan. As recommended by Recon, all the impacts for the development can be mitigated on site. I won't go into any details of their proposal in this letter. This plan, though, and Recon's reports are consistent with the meetings that we have had with the U.S. Fish and Wildlife Service and the Califomia Department of Fish and Game. We are sending a copy of the plan and the biology reports to the U.S. Fish and Wildlife Service and the Department of Fish and Game plus the Corps of Engineers for their information and comment. A copy is also going to Mr. Don Rideout at the City for his review and comment. In addition to the impacts listed by Recon and as shown on the attached exhibits, there will be some minor adjustments to the impacts that will be addressed with the final project design when it comes forward to the City at some time in the future. The specific items I am referring to are the offsite sewer and storm drain lines from Lot 1 westerly toward Salk Avenue. In addition, the details of the detention basin still need to be refined by the Engineer of Work with the future project. We feel these are minor details that should be resolved at the next level of planning but wanted to point them out to you as items that will have to be addressed in the future. We think that this revised plan is a superior plan that not only addresses your staffs comments but also the concems of the Wildlife Agencies. We do imderstand that there may be some issues with development on 40% slopes but we feel that with the staffs request for the connection of Salk Avenue through the project that the impact on the 40% slopes are offset by the preservation of the 703 Palomar fiirport Road • Suite 300 • Carlsbad. California 92009 (760)438-3182 FfiX (760) 438-0173 Mr. Gary Wayne March 3, 1999 Page 4 majority of Letterbox Canyon and also the significant preservation of natural open space for the preservation of sensitive species. Please look our plan and attachments over, and we look forward to receiving from you again written comments on our plan. Sincerely, Ladwig Design Group Inc. Robert C. Ladwig, President Attachments Returning City Check Print from PRE 98-34 RCL:lb.003 cc: Ken Quon, Engineering Dept, City of Carlsbad, letter only Don Rideout, City of Carlsbad w/attachments Julie Vanderwier, U.S. Fish and Wildlife Service w/attachments David Lawhead, California Department of Fish and Game w/attachments David Zoutendike, U.S. Army Corps of Engineer Wendy Loeffler, Recon, letter only Gordon Fox, w/attachments Dean Miller, w/attachments 703 Palomar fiirport Road • Suite 300 • Carlsbad. California 92009 (760) 438-3182 FfiX (760) 438-0173 lcicluiig Design Group, lnc< Fox-Miller Parcel Property Owners List Ownerships 1. Wrisley 1990 Family Trust 2080 Basswood Avenue Carlsbad, CA 92008 2. Brookwood Carlsbad Realty Investments 55 Tozer Road Beverly, MA 01915 3. James T. Finn 5601 Palmer Way Carlsbad, CA 92008 4. Brandon H. Wander PO Box 2014 Del Mar, CA 92014 5. /6. Tycoon Development Corporation 2371 Fenton Sti-eet Chula Vista, CA 91914 7a. Leonard M. & LilUan R. SchoU Tmst 444 N. El Camino Real, #119 Encinitas, CA 92024 7b. David F. Ruhnau . 3775 10th Street Riverside, CA 92501 7c. Ruhnau Family Tmst 10-03-78 3775 10th Street Riverside, CA 92501 7d. Craig H. Nielson 5751 Pahner Way, Suite D Carlsbad, CA 92008 L-1054 6/11/02 APN 209-040-35 209-040-37 209-040-40 209-040-41 209-040-42, 43 209-041-25-01 209-041-25-02 209-041-25-03 209-041-25-04 Page 1 of 5 703 Palomar fiirport Road • Suite 300 • Carlsbad, California 92009 (760) 438-3182 FflX (760) 438-0173 loduiig Design Group, inc. Ownerships APN 7e. Carl Raymond Kolker, et al 209-041-25-05 1635 La Plaza Drive San Marcos, CA 92069 7f. Daniel W. Golden 209-041-25-06 1030 Robin Hill Drive San Marcos, CA 92069 7g. Palomar Reprographics, hic. 209-041-25-07 5751 Palmer Way, Suite G Carlsbad, CA 92008 7h. Kenneth J. & Dorothy J. Metzgar Revocable Family Tmst 209-041-25-08 853 Moming Sim Drive Encinitas, CA 92024 7i. Richard T. Gibson 209-041-25-09 5731 Palmer Way, Suite B Carlsbad, CA 92008 7j. Chang S. & Seung K. Ryu 209-041-25-10 2902 Mangua Place Carlsbad, CA 92009 7k./71. Johnson Revocable Family Tmst 209-041-25-11, 12 5731 Palmer Way, Suite D Carlsbad, CA 92008 7m. BPRMLLC 209-041-25-13 1609 Santa Margarita Fallbrook, CA 92028 7n. Melchior 1990 Family Tmst 209-041-25-14 942 Begonia Court Carlsbad, CA 92009 7o. David J. Oswald 209-041-25-15 5741 Pahner Way, Suite A Carlsbad, CA 92008 Page 2 of 5 703 Palomar fiirport Road • Suite 300 • Carlsbad, California 92009 (760) 438-3182 FfiX (760) 438-0173 loduiig Design Group, Inc. Ownerships APN 7p. Arthur & Rebecca T. Brown Tmst 209-041-25-16 5741 Palmer Way, Suite B Carlsbad, CA 92008 7q. Palmer Way LLC 209-041-25-17 5741 Pahner Way, Suite C Carlsbad, CA 92008 7r. Palmer Way LLC 209-041-25-18 5741 Pahner Way, Suite D Carlsbad, CA 92008 8. Bill L. Daniels 209-041-29 3200 Cherry Creek South Drive, #500 Denver, CO 80209 9. /10. Mabel L. Barber Tmst 209-060-56,57 2416 Sonora Court Carlsbad, CA 92008 11. VDCA Investinents 209-060-61 Attn: Xavier Sustaeta P.O. Box 9177 La Jolla, C A 92038 12-33 & Ryland Homes 209-110-06,07,08, 35-88 5740 Fleet Sti:eet, Suite 200 09, 10,11,38,39,40, Carlsbad, CA 92008 41, 42, 43, 44, 45, 46, 47, 48, 49, 50,51,52 209-111-01,03,04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20,21,22, 23, 24, 25, 26, 27, 28, 29,30,31,32, 33,34, 35, 36, 37, 38, 39, 40, 41,42,43,44,45,46, 47, 48, 49, 50,51,52, 53, 54, 55, 56 Page 3 of 5 703 Palomar fiirport Road • Suite 300 • Carlsbad, California 92009 (760)438-3182 FflX (760) 438-0173 loduiig Design Group, Inc. Ownerships APN 34. Rhone, Inc. 209-111-02 7204 Glen Forest Drive, #201 Richmond, VA 23226 89-109. Terraces at Sunny Creek 209-112-04,05,06, Attn: Chris Dahrling 07, 08, 09, 10, 11, 12, 2006 Palomar Airport Road, Suite 113 13, 14,15, 16,17,18, Carlsbad, CA 92009 19, 20, 21, 65, 66, 68 110. William T. & Agnes Miholich Tmst 212-020-22 4471 Coastline Avenue Carlsbad, CA 92008 111. GordonB. Fox 212-020-23 1500 Via Areo Palos Verdes Estates, CA 90274 Dean Miller Fluor Corp. 1 Enterprise Drive AUso Viejo, CA 92656 112. SalourTmst 212-061-28 2330 Faraday Avenue Carlsbad, CA 92008 113. Diane Saikhon Tmst 212-061-29 8456 Westway Drive La Jolla, CA 92037 114. BioflexLLC 212-061-30 12520 High Bluff Drive, Suite 275 San Diego, CA 92130 115-117. Isis Pharmaceuticals, Inc. 212-061-31,32,33 2280 Faraday Avenue Carisbad, CA 92008 Page 4 of 5 703 Palomar flirport Road • Suite 300 • Carlsbad, California 92009 (760) 438-3182 FflX (760) 438-0173 loduiig Design Group, Inc. Ownerships 118. CPS Printing 2304 Faraday Avenue Carlsbad, CA 92008 119. Lori M. Simpson 2317 San Elijo Avenue Cardiff, CA 92007 Douglas G. Simpson 5800 Armada Drive Carlsbad, CA 92008 121. Carlsbad Research Center 7330 Engineer Road San Diego, CA92111 122. BTINV LLC PO Box 26309 San Diego, CA 92196 123-124. I&G Faraday, Inc. 1111 Pasquinelli Drive Westmont, IL 60559 125. Puritan-Beimett Corporation 675 James S. McDonnell Boulevard Hazelwood, MO 63042 126-128. 129-130. TMG Property 475 W. Bradley Avenue El Cajon, CA 92020 Carlsbad Associates No. 1 LP 840 Newport Center Drive, Suite 420 Newport Beach, CA 92660 lf<^ i^/HN 5r -t^liTV APN 212-061-35 212-061-36 212-061-37 212-061-38 212-062-15 212-062-17,18 212-120-34 212-130-37, 40, 41 212-130-50,51 Page 5 of 5 703 Palomar fiirport Road • Suite 300 • Carlsbad, California 92009 (760) 438-3182 FfiX (760) 438-0173 FOX/MILLER <l ROAD SURVEY 682 (t ROAD SURVEY 1800-1- (l ROAO SURVEY 682 ROAD SURVEY 1800-1 . : CONSTRAINTS MAP/SLOPE ANALYSIS CT 00-M , HOP 00-11 . PIP 00-<2 CPA 00-OS , SUP 00-10 . ZC 00-07 nm RMaumr t\jom m TCKU., IK . wnto ><»r a. ma. tn M<« iMii aooMiiiLr M.aju>iEO ao raoiririiij SLOPE REPORT 5C " . !J -0 9 -t 1751 WCtT 2 or 4 UDOil. B«SION 0«OW, WC HOW CM) "M iiatinj: r«M»oi ' FOX-MILLER PROPERTY TENTATIVE MAP COMPOSITE CT 00-20 HDP 00-11 ZC 00-07 GPA 00-05 .SUP 00-10 PIP 00-02 1' - IM' ntSFMED m mt: onice CMV BUCCOLA ENGINEERING, inc S142 KIM SHMr Ml. (JtwuMi. CA 910.1* rt,4\\ntittt vtt tr4\i LADWIG DESIGN GROUP. INC. AUGUST 20, 2002 SHEET I OF I SHEETS .tvnvar 2a. 3ti TENTATIVE MAP FOR FOX-MILLER PROPERTY lEGAl DESCRIPTIOS: ' musuca. MICS. mut»s HI.CAkllSOKKAI. ': I " I ' KL CAMINO ttfi-U. (NO^THKMI.YFOKTiON) so XCMX El CASdlSOREAL DECELEMTKXiLASE) It (l*KOPOSED. PUBLK) BUCCOLA ENGINEERING, inc il4l tlBM Wtr. .M( .Wl, Notc- > w nwmc wx MoaccnoK KEYMAP ntirCEKtiurinNCHAiii tiKSCRIPTOIt S/2E USD USE tiKSCRIPTOIt S/2E '«» .'«»(.TS tiKSCRIPTOIt S/2E ... . « vui /wrrmtn ra^Montf '.« - JO 4.< somen oymitxTKAiW: LADWIG DESIGN GROUP. IMC. mraouiji.ia.'vt-* PRELISfrSAHY TITIE REPORT: SEFESESCEDlUWNai: .'fz-.> nnnrriftsaM «nm-i fMfKrroFXjKawDO tm.fjtMminaif D£A.\ E .UUA .MaSHIKU.*at LLC cr 00-20 HDP 00-11 ZC 00-07 GPA 00-05 SUP 00-10 PIP 00-02 4 IPIKmr tnaar: . PLimiD naii:.<iTja.ii fpft omt .v.tcttn/t ivr/nij.au.tu.r.^ LEGEM} /•KtUKIV i»R>»_ aonixv Statu nKtei _ CAnil AtSA rtSJXX:7 KMMMT LOT 2 MKtfOS£I>fMl>CXIIi1MV - CYM.VH iNiffraor«a_ OtUirKACl STAT •jAiE&SOJt & fUJtCEL SimER: iHUffmiAL DEVCI/OTLKKI PAiirB.t ••<1J PAD AKU • mWM /JM" MJ «• »i.mxjL sLOfLS I'J M: t.MKnMG ntMtjiAi. ir.m mw K-tCK i WH>S£a vCMOui FtM oral VM- WIAL Hill- ACJtEAC.k: 52.67 ACKhS nt»DO\-1, nrr HUK KMX! ISTms r.l 902*1 KBrmtTKlCH. O f>H» Cl^ 00-20 -HDP 00-11 ZC 00-07 GPA 00-05 rT=:.SUP 00-10 •PIP 00-02 MAP 10330 MAP ijv^o M iP J^^OJ BUCCOLA ENGINEERING, inc lADWIG DESIGN GROUP. INC. fUfjUa IVM 0»\eiK: m .•jimca JOMXT to U/>9UW«BH KKMlNir j LOT 5 OPEN SPACE / / / cr 00-20 HDP 00-11 ZC 00-07 GPA 00-05 SUP 00-10 PIP 00-02 BUCCOLA ENGINEERING, inc tHJ nut t»<rf. Jit. (^MtwMi Ct fM* putistsfi exeat irx.'7 LADWIG DESIGN GROUP, INC. fUTMZa /Ttf OUM3K Mttmr i j SHKKTE 1 cr 00-20 • HDP 00-11 y ZC 00-07 2 GPA 00-05 g SUP 00-10 ' J PIP 00-02 MAP 103-0 MAP 11810 BUCCOLA ENGINEERING, inc tm nm »M( M/. flnoHKMi. Cll ».<(i.<# LADWIG DESIGN GROUP, INC. fM£r.iAU> flu T ran EUV • rt i7* not •u « wr »-, y*» KK J \l fl >• OJ /) ens lUPI Aft K • -1 - 30. >w It / K • n. ti -WJ.' H.ti snt liisi ET »* MT V / 1 K 1 It / -ft \ li tk • *B *- .t !!! MM H W V WM • \ — l- fl •-^ / ^ -H-1 rm E ^ I-— / 1 \ / / i=> 'A N / / ? ^ \ y y / £ t \ /-r < ' I !»- 1 \ s \ B 3 1 t \ "7 w -ail Dl 1 \ / \ / / / \ \ \ / r 1 1 f" / \ < /• / \/ XO -/ / \ \ / \i 9' A • ' n ¥ • i / K LOWl •KT 1 lev • IA > r-i.ii. Ik T u • o * ' yi. t / r 1 ail Mi. K ULI nr w y •0 « • 3».7( 1 9 / s S —ai t\ i / IM ROW • < g 'it • • t'i- / / I iv i A 1 i a ^ is r 1* U \ 1 \ \ 1 1 ao \ ' ao '/ ! s s u U 5 « Si lit JU ?! ii \ \ i i Li ii li \\ \\ u sJ li \ 1 B—P i i li li u U U li li li u us u LS 11 U I PROFILE: SALK AVENUE SCALES: HORIZONTAL r=IOO' VERTICAL / "=/(?' cr 00-20 HDP 00-11 ZC 00-07 CPA 00-0) SUP 00-10 PW 00-02 SWPPIHtj StOlir DISTANCE 2i)ir KDVXTJttALXntEET BUCCOLA """"-^ ENGINEERING, inc LADWIG DESIGN GROUP INC. 1 r«-. Mr m. itn .vrnmr » Of t mtnitx FOX/MILLER CITY OF OCEANSroE CITY OF VISTA NOTTO SCA1£ CITY OF SAN MARCOS PACIFIC \\ OCEAN (^ \ ENCINITAS VICINITY MAP CS3\\FS\LDG\L-1054\VICINITYMAP.DWG 10-17-00 09:36:21 xsamw DcsiGN GAOUP, INC. 703 PniOMflR RIRPORT ROflD surresoo GRRISBRD. GR 92009 PHONe (760) 438-3182 FRX (760)4380173 FOX/MILLER VICINITY MAP NTS CS3\\FS\LDG\L-1054\0PENSPACE.DWG 10-17-00 14:30:07 500 1000 LEGEND PRDPDSED OPEN SPACE 2 OF 2 BUCCOLA ENGINEERING, INC. 3142 VISTA WAY, SUITE 301 OCEANSIDE, CA. 92056 (760) 721-2000 LADIUIG DCSIGN GAOUP, INC. 703 PflLOMflfl flIflPOfiT ROfiD 5UIT6 300 CflRLSBflD.Cfl 92009 PHON€ (760) 438-3182 FflX (760)438-0173 L-1054 -10/17/2000 ZONING Sc GENERAL PLAN EXHIBIT FOR FOX/MILLER PROPERTY ZONING (EXISTING)=LC ZONING (PROPOSED)=PM GENERAL PLAN (EXISTING)=UA/OS GENERAL PLAN (PROPOSED)=PI/OS 0 500 1000 CS3\\FS\LDG\L-1054\ZONINGPLAN.DWG 10-17-00 14:00:33 1 OF 2 BUCCOLA ENGINEERING, INC. 3142 VISTA WAY, SUITE 301 OCEANSIDE, CA. 92056 (760) 721-2000 UDUIIG DCSIGN GROUP, INC ^ ^ 703 PfiLOMflR flIRPOflT ROAD &0(3> 5UIT6 300 CflRLSBflD. Cfl 92009 PHON6 (760) 438-3182 FflX (760)438-0173 L-1054 -10/17/2000 laduiig Design Group, Inc. August 2, 2002 Bob Johnson City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: FOX-MILLER PROPERTY (LADWIG DESIGN GROUP, INC. JOB NO. L-1054) Dear Bob: In preparation for our meeting next Tuesday at 1:3 0 to discuss the conditions and the traffic issues on the Fox property, please find enclosed three separate exhibits that were prepared by Buccola Engineering. The first exhibit is a 24 x 36 that shows no widening at the rental yard with the transition on the Fox property. The second exhibit is a large exhibit showing the existing striping along El Camino Real fi-om Faraday to College. The third exhibit is El Camino Real from Faraday to College showing the proposed striping, assuming that there are improvements in front of the rental yard. I am also including one print ofthe Terraces striping plan. Hopeftilly at our meeting on the 6* you will be able to give us any additional input or notes that you would like placed on these graphics. In addition, I am also including a couple of sheets that talk about the lane configuration along with Salk Avenue and the cul-de-sac issues. Please look everything over and I look forward to our meeting on Tuesday If you have any questions, please give me a call. Sincerely, LADWIG DESIGN GROUP, INC. :^^rt^^^Idwi^Pre RECEIVED RCL:mo AUG 0 2 2002 Enclosures CITY OF CARLSBAD PLANNING DEPT cc: Dean Miller (w/o enclosures) Van Lynch, City of Carlsbad (w/o enclosures) Frank Jimeno, City of Carlsbad (w/o enclosures) Bob Wojcik, City of Carlsbad (w/o enclosures) 703 pQlomar fiirport Rood • Suite 300 • Corlsbod, Colifornio 92009 (760)438-3182 FfiX (760) 438-0173 S&nt'By: WILSON ENGINEERING; 7604380173; Jul-16-02 8:56; Page 2/3 lodiulg Design Group, Inc. July 16,2002 Van Lynch City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: FOX-MILUJR PROPERTY/STAFF REPORT (LADWIG DF^IGN GROUP, INC. JOB NO. L-1054) Dear Van; We have had a chance to go through the StafFreport for the Fox-Miller property and have the following revisions consistent with our meeting last week. Planning Commiwlon Reflation Number 5237 (Mitisated Negative Declaration) * On Page 1 ofthe Resolution, the legal description ia not accurate, The last four lines after the numbcnr0512626, needs to be deleted, llie last part of that description is the ptxyperty on the cast side that the City has added to clear up prior dedication diat was not submitted by the applicant. Planning Commission Resolvtlon Number S240 (Tentative Map CT 00-20) * The top pf Page 8 near die end of Condition No. 16, starting after the word exec^t, insert ^e following; "to flie extent consistent with the development." Planning Commission Resolution Number 5240, Condition No. 43 #1 - Insert after the words "El Camino Real*': "on its west side" # 2 - Replace with the following language: "Provided the City obtains all necessary property interests necessary to extend the west ^ide El Camino Real improvements 100 &et soathcrly of the project boundary and the City agrees to reimburse Developer fbr such frontage construction costs, DcvckqKr will constru<^ such improvements concurrent with its onsite portion. Any saich/f^^st^aad reimbursemoit agreement shall be finalized prior to, but not delay. Final Map," ^ T 703 pQlomor fiirport Rood • Suite 300 • Carisbod, Coilfornio 92009 (760)438-3182 FfiX(760) 43W)173 Sent'By: WILSON ENGINEERING; 7604380173; Jul-ie-02 8:56; Page 3/3 • Van Lynch July 16,2002 Page 2 • #4 - The following is not a suggested wording, but the preference of the developer would be to bond for its Mr share of tbe traffic signal. The paragraph should read that wc would cotilribute a certain percentage to the cost of die signal at the intersection of College Boulevard sand Salk Avenue, which is currmtly set at $ , subject to escalation. It should not be a oonstruction responsibility ofthe project. Planning Commission Resolution Nundier 5240, Condition No. 51 * Insert at ^c end ofCondilion No, 51, add a note as follows: '*Note: Conditions 49 through 51 refer to the westerly side only of onsite El Camino Reid, along with onsite Salk Avenue only." Planning Commission Resolution Numlier S240, ConiiUtton No. 66 Add in the third line after station, the word "if" Planning Commission Resolution Number 5240, Condition No. 70 • Add to the second line after the word its: "commercially reasonable" The above are our comments; we suggest these be inserted into ttjc conditioss as indicated. Sincerely, LADWIG DESIGN GROUP, INC. Robert C..£adwig, President RCL:mo Enclosures cc: Frank Jimeno, City of Carlsbad Gordon Fox Dean Miller Ron Rouse, Luce, Forward, Hamilton & Scripps 703 Polomor flirport Rood • Suite 300 • Corlsbod, Callfomlo 92009 (760)438-3162 FflX(760) 4364D173 Citv of Carlsbad Planning Department June 25, 2002 Ladwig Design Group Ste 300 703 Palomar Airport Rd Carlsbad CA 92009 SUBJECT: GPA 00-05/ZC 00-07/CT 00-20/SUP 00-10/HDP 00-11/PIP 00-02 - FOX/MILLER PROPERTY The preliminary staff report for the above referenced project is attached. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on July 8, 2002. A twenty (20) minute appointment has been set aside for you at 10:30. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring your required unmounted colored exhiblt(s) with you to this meeting in order for your project to go forward to the Planning Commission. Your colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, your project could be rescheduled to a later time. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact your Planner, Van Lynch at (760) 602-4613. CITY OF CARLSBAD r GARY E. WAYNE Assistant Planning Director GEW:VL:cs Flour Corp., Attn: Dean Miller, 1 Enterprise Dr., Aliso Viejo CA 92656 File Copy 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us City of Carlsbad Planning Department June 6, 2002 Ladwig Design Group, Inc. Robert Ladwig 703 Palomar Airport Road, Suite 300 Carlsbad CA 92009 SUBJECT: GPA 00-05/ZC 00-07/CT 00-20/SUP 00-10/HDP 00-11/PIP 00-02 - FOX/MILLER PROPERTY Your application has been tentatively scheduled for a hearing by the Planning Commission on July 17, 2002. However, for this to occur, you must submit the additional items listed below. If the required items are not received by June 24, 2002, your project will be rescheduled for a later hearing. In the event the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. Please submit the following plans: A) 20 copies of your site plans and landscape plans on 24" x 36" sheets of paper, stapled in complete sets folded into SVi' x 11" size. B) One 8 Vi x 11" copy of your reduced site plan. These copies must be of a quality which is photographically reproducible. Only essential data should be included on plans. 2. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) 600' Owners List - a typewritten list of names and addresses of all property owners within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. B) Mailing Labels - two (2) separate sets of mailing labels of the PROPERTY OWNERS within a 600 foot radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us GPA 00-05 - FOX/ MILL! June 6, 2002 Page 2 'PROPERTY any punctuation. For any address other than a single family residence, an apartment or suite number must be included but the Apartment, Suite and/or Building Number must NOT appear in the street address line. DO NOT type assessor's parcel number on labels. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Arial 11 pt, Arial Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, and MS Line Draw 11 pt. Sample labels are as follows: UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carlsbad, CA 92008 Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 MRS JANE SMITH APT 3 123 MAGNOLIA AVE CARLSBAD CA 92008 C) Radius Map - a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. D) Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Cash check (payable to the City of Carlsbad) and credit cards are accepted. Sincerely, Van'llynch Associate Planner VLcs Attachment I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER FOX/MILLER PROPERTY GPA 00-05/ ZC 00-07/ CT 00-20/ SUP 00-10/HDP 00-11/ PIP 00-02 APPLICANT OR APPLICANT'S REPRESENTATIVE BY: DATE: RECEIVED BY DATE: APR 30 2002 15:35 FR LEEGRL SERUICES IRUINE949 349 4517 TO *916192169346 P.01/03 April 29, 2002 Mr. Solomon Levy Fax: 619-216-9346 Re: Corner of Cougar Drive and El Camino Real, Carlsbad. California Dear Mr. Levy: As we discussed, Gordon Fox and members of the Miller family are the owners of 54 acres on the southwest side of El Camino Real, opposite Cougar Drive, in the City of Carlsbad. Our property extends under El Camino Real, so that there are remnants on the northeast side extending into the northeast and southeast corners at the intersection of El Camino Real and Cougar Drive. These remnants are shown on the attached map as the "quit claim areas". Based on our conversations, we understand that you are the owner of the parcel {NPU 209-040- 42) adjoining the quit claim area af the southeast corner of the intersection. Accordingly, we are proposing to quit claim to you that portion of our property shown in such corner. This will extend your property to El Camino Real. The Planning Department of the City of Carlsbad has requested that we provide them with a letter whereby you acknowledge your consent to the proposed quit claim. Based on our conversations, we have asked Chicago Title to prepare the necessary quit claim deed. Please acknowledge your consent to the proposed quit claim by signing this letter in the space provided below and returning it to me for submission to the City. Also, please specify the name in which title should be vested, which should be the name of the person or entity holding title to the adjoining parcel. Please call if you have any questions. Thank you for your assistance in this matter. Very truly/yours, )ean Miller Phone; 949-349-4369 Fax: 949-349-4617 The undersigned hereby acknowledges the foregoing and consents to the recording of the proposed quit daim deed. Solomon Levy Title should be vested as ioiiow.: '71/ C OO M De ^^LOpi^ CO^ PO^^A , RECEIVED \m 0 f im. LADWIG DESIGN QR n CSD ui a a PM loose °" a AREAS o Madonna Hlli Guest Sioos Madonna HiU Guest Home 35ye^s of El\ler Care in Carlsbad . CsUfomiB Licewe # 372004861 5592 El Camino Heal Cadsbad, CA 92008 760 43^2305 fax 760 931-6734 ^^^^^ RECEIVED MAY 0 2 2002 —'— I ,B^.madoiui9liilleMeiEaxe.com fy( •jam I . n J Email: Madooa«HillCMe@aol.com PQRF.R? Madonna Hill Guest nc^ FAX COVER SHEET Madonna Hill Guest Home 5592 El Camino Beal Carlsbad, CalifornU 92008 Tel. (760) 4SS'a305 • urg.n, •R.P.VASAP ~n,m«. -W™ |J] F" .«.r™.l.l. I ^Yf ^^^^ fay ^^f' ^^z' RECEIVED NAY 0 2 ^Sil? LADWIG DESIGN GR V 7609316734 PAGE.01 ~ ^ tucmuuaa um Guest rtPR 3(3 2002 15-'32 Fft UBG9L SERUI'IBS /RU/fE£W9 ^9 asi? TO *!?i7Ki^93i67:j=j April 29.2002 Mr. RoB9 Barber Ms. MabQl Barber Ms. Unda Barber Fax: 760-931-6734 Re: Comer of Cougar Drive and Ef Camino Real. Carlsbad, Califomia Ladies and Gentlemen: | Ae we have discussed with Mr. Barber, Gordon Fox and members of thelMiller family are the eywvnere of 54 acres on the southwest side of El Camino Real, opposite Cjougar Drive, in Oie City of Carlsbad. Our properly extends under El Camino Real, so that there fre remnants on the northeast side extending out of the nodheast and southeast comens at t^|e intersecQon of El Camino Real and Cougar Drive. These remnants are shown on the attached map as the "quit claim areas'. | Basedf on oulr conversations, we understand that you are the owners of tjie Madonna H8I ReUrement Home located on parcel APN 209-040-56 which adjoins the ault claim area at the northeast comer of the intersection. Accordingly, wn are proposing to qu It claim to you that portion of our property shown in such comer. This will extend your property to both El Camino Real and Cougar Drive. | The Planning Department of the City of Carisbad has requested that we provide them with a letter whereby you acknowledge your consent to the proposed quit claimj Based on our conversations, we have asked Chicago Title to prepare the necessary q(^t daim deed. Please acknowledge your consent to the proposed quit daim by signing Ihis letter In the space provided below and returning it to me tor submission to the City. Also, pibase specify the names in which title should be vested, which should be the names of thejpersons holding title to the adjoining parcel. I understand that Ross and Unda Jointly hold a SO«J^ interest as community property and that Mabel owns the remaining 50% interest as a tenant in common. Please confirm that this Is conrect. Rease also provide your middle initials in ca^e tbe title company requires that information, j Please call if you have any questions. Thank you for your assistance in this matter. a^^t) Verytruliyours. ^//,/)/6Z^ ^ ^^i^^^l^ Phone"!* M9449-I369 v^<<<^ • / RECEIVED ^ y^^tA/i^T^^ HAY 0 2 LADWIG DESIGN G.R 7fiPI9:'il6734 PAGE.03 era /tiiTi • J maKtuwju mil Guest l/SSfli - ' LBJO. SERIJICES IRU 11^949 349 45i7 jn S0O04 Title should bl ^MabeJ Barber Undk Barber cc: Gordon Fox Bbb Ladwig Mark Miller Ross Miller RECORDING REQl/ESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clark City of Carlabad 1200 Carisbad Village Drive Carlsbad, Califomia 92008 MAIL TAX STATErAENTS TO: EXEMPT Please record thia document at no feo as it is to the tieneflt ot the City ((Scv. Code [6103]). DOC » 2000-0673973 Dec 12 4 2000 g:2X AM OFFICIAL RECORDS m OlEIiO CtKMTY RQSRIIER'S OTFICE GREBORY^. 8HlTHf COUNTY RECORDER FEES: 0.00 I OC: NA The undarsigned grantor(s) declare(s): Documentary transfer lax is $ 0.00 ( ) computed on full value of property conveyed, or ( ) computed on full value iess value of liens and encumbrances remaining at time of sale. ( ) Unincorporated araa: (x) Citv ot Carlsbad . and FOR A VALUABLE COf^lDERATION, receipt of which Is hereby aoltnowiedged. Spac4 above this line for Recorder's use. aoMetKss a s7 Aasasaor's Parcel No.: Project No. h l»*ame: CMWD 98-501 BAHBER PROPEBT^i. 8" SEWER PIPELINE. REACH SUNNYCREEK SUBDIVISION TO COUGAR DRIVE ! CtTYOF CARLSBAD WILLtAM-E-ELUMMEP. Deputy City Engineer GRANT DEED OF WASTEWATER PIPEUNE EASEMENT foss G. Barber. Thrttsa and Linda A. Barber, Trustee of the Barber Dectarstlon pf Trust dated January 17, M ^a» to an undivided % Interest and Mabel L. Barbor, Trusiaa under Tnist dated Ocl^er 19,1W9 w the Su^casso^ Trustee thereof, aa tc an undivided Vfe Interest — 7609316734 ' ~ii-in—I—I M I no.ra-T •pfiGE.04 Gray Davis GOVERNOR STATE OF CALIFORNIA GOVERNOR'S OFFICE PLANNING AND RESEARCH State Clearinghouse Steven A. Nissen DIRECTOR February 28, 2002 NAR 2002 PIANNING DEPARTMENT City Of Cartsbad Van Lynch City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Subject: Fox/Miller Property-GPA 00-05/ZC 00-07/CT 00-20/PIP 00-02/HPD 00-11 SUP 00-10 SCH#: 2001102149 Dear Van Lynch: The enclosed comment (s) on your Negative Declaration was (were) received by the State Clearinghouse after the end of the state review period, which closed on February 20, 2002. We are forwarding these comments to you because they provide information or raise issues that should be addressed in your final environmental document. The California Environmental Quality Act does not require Lead Agencies to respond to late comments. However, we encourage you to incorporate these additional comments into your final environmental document and to consider them prior to talcing final action on the proposed project. Please contact the State Clearinghouse at (916) 445-0613 if you have any questions concerning the environmental review process. If you have a question regarding the above-named project, please refer to the ten-digit State Clearinghouse number (2001102149) when contacting this office. Sincerely, Terry RobewS Senior Planner, State Clearinghouse Enclosures cc: Resources Agency 1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044 916-445-0613 FAX 916-323-3018 WWW.OPR.CA.GOV/CLEARINGHOUSE.HTML US Fish and Wildlife Service Carlsbad Fish and Wildlife Office 2730 Loker Avenue West Carlsbad, CA 92008 (760)431-9440 FAX (760) 431-9624 CA Dept. of Fish & Game South Coast Regional Office 4949 Viewridge Avenue San Diego, CA 92123 (858) 467-4201 FAX (858) 467-4299 In Reply Refer to: FWS Log No. 2385^* RECEIVED FEB 2 8 2002 STATE CLEARING HOUSE FEB 2 5 2002 Mr. Van Lynch City of Carlsbad 1635 Faraday Avenue Carlsbad, Califomia 92008-7314 . Re: Mitigated Negative Declaration for the Fox/Miller Property, City of Carlsbad, San Diego County, Califomia (SCH2001102149) Dear Mr. Lynch: The Califomia Department of Fish and Game (Department) and U. S. Fish and Wildlife Service (Service) (collectively, "Wildlife Agencies") have reviewed the Mitigated Negative Declaration (MND) for the Fox/Miller Property in the City of Carlsbad (City). The Wildlife Agencies have some concems regarding the potential effects of this project on wildlife and regional conservation planning. We offer the following comments to assist the City in minimizing and mitigating project impacts to biological resources, and to assure that the project is consistent with ongoing regional habitat conservation planning efforts. The primary concem and mandate of the Service is the protection of public fish and wildlife resources and their habitats. The Service has legal responsibility for the welfare of migratory birds, anadromous fish, and endangered animals and plants occurring in the United States. The Service is also responsible for administering the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.). The Department is a Tmstee Agency and a Responsible Agency pursuant to the Califomia Environmental Quality Act (CEQA), Sections 15386 and 15381 respectively. Pursuant to Section 1802 of the Fish and Game Code, the Department has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants and habitat necessary for biologically sustainable populations of those species. As a Trustee Agency, the Department must be consulted by the Lead Agency during the preparation and public review for project-specific CEQA documents if there are potential impacts to biological resources. The Department reviews proposed projects, comments on their impacts, and determines whether the mitigation measures or altematives proposed are feasible and appropriate. Under the Califomia Endangered Species Act (CESA), it is the Department's charge to conserve, protect, restore, and enhance any endangered species or any threatened species and its habitat (Section 2052 of the Fish and Game Mr. Van Lynch (FWS-SDG-2385.2) Page 2 Code). The Department also administers the Natural Community Conservation Planning (NCCP) program. The City is currently participating in the NCCP program through the preparation of a Multiple Habitat Conservation Program (MHCP) Habitat Management Plan (HMP). The HMP identifies this site as having a major population of a narrow endemic plant population, thread-leaved brodiaea (Brodiaea filifolia). The MHCP defines a narrow endemic as a species that is "highly restricted by geographical or ecological factors and may have important populations within the MHCP area, such that substantial loss of these populations or their habitat within the MHCP area might jeopardize the continued existence or recovery of that species." Moreover, the northwestem portion of the property, and some areas in the central portion, comprise a proposed hardline preserve area in the draft HMP, which identifies it as Special Resource Area 1. Though the property is not part of a core or linkage area, the major population of thread-leaved brodiaea on the property warrants its designation as a Special Resource Area, and inclusion of parts of the property in the HMP hardline preserve system. The 52.33-acre project site is located in the City and is proposed to be subdivided into four industrial lots and one open space lot. The project site is located directly west of El Camino Real, north of Faraday Avenue, east of College Boulevard, and east of the easterly terminus of Salk Avenue. Land uses surrounding the project site include developing residential north of El Camino Real and existing industrial development surrounding the site. A portion of Letterbox Canyon and its associated drainage traverses the site. The site has elevations ranging from 160 to 300 feet above mean sea level. The five main vegetation types on the project site are Diegan coastal sage scrub (5.56 acres), valley needlegrass grassland (0.26 acre), annual grassland (44.62 acres), U. S. Army Corps of Engineers (ACOE) jurisdictional wetland (0.03 acre), ACOE non-wetland jurisdictional water (0.21 acre), and disturbed habitat (1.89 acres). Contained within the annual grassland is 10.67 acres of the state endangered and federally threatened thread-leaved brodiaea. Diegan coastal sage scrub and native grassland are considered sensitive habitats due to their increasing rarity, and because both have the potential to support several state- and federally-listed threatened and endangered species. Diegan coastal sage scrub is also a key habitat component of the State NCCP program, including the MHCP. Grasslands in general are considered an important habitat type due to association with rare plants and because they support foraging raptors. Species that are found in Diegan coastal sage scmb often use neighboring grassland habitats, particularly when these habitats are highly fragmented and in a mosaic configuration. Other sensitive species onsite include the federally threatened and state species of special concem (CSC) coastal Califomia gnatcatcher (Polioptila californica californica), northem harrier (Circus cyaneus, CSC), Cooper's hawk (Accipiter cooperii, CSC), white-tailed kite (Elanus leucurus), a State fully protected species, and Califomia adolphia (Adolphia californica), a regionally sensitive species. Additional raptors onsite include red-tailed hawk (Buteo Mr. Van Lynch (FWS-SDG-2385.2) Page 3 jamaicensis), turkey vulture (Cathartes aura), and American kestrel (Falco sparverius). Proposed development will impact 36 acres of the project site. Impacts to 2.6 acres of Diegan coastal sage scmb will be mitigated at a 2:1 ratio by the onsite preservation of 2.96 acres of Diegan coastal sage scmb and the conversion of 2.24 acres of annual grassland to Diegan coastal sage scmb. To mitigate for impacts to 0.19 acres of valley needlegrass grassland, 0.57 acres (3:1 mitigation ratio) of annual grassland will be converted to native grassland with thread-leaved brodiaea. Impacts to 31.32 acres of annual grassland will be mitigated at a ratio of 0.5:1 by preserving 13.3 acres of annual grassland onsite and an additional 2.93 acres of annual grassland onsite or by payment of an in lieu fee that is consistent with the City's draft HMP. Impacts to 2.17 acres of annual grassland with thread-leaved brodiaea will be mitigated by recovering the thread-leaved brodiaea bulbs in the annual grassland proposed for impact and transplanting them to the grassland slopes in the open space. Project impacts to 0.03 acre of ACOE jurisdictional wetland will be mitigated onsite at a 2:1 creation ratio and impacts to 0.19 acre of ACOE non- wetland jurisdictional water will be mitigated onsite at a 1:1 creation ratio. A 0.39-acre basin will be created onsite in the westem part of Letterbox Canyon. This wetland creation site will remain as open space and be revegetated with willow scrab species. An additional 1.89 acres of disturbed habitat will be impacted by the project. The Wildlife Agencies offer the following observations, comments, and recommendations: 1. Because impacts to the coastal Califomia gnatcatcher require a federal incidental take permit, please clarify whether the City plans to process this project through a section 4(d) Habitat Loss Permit (HLP) or have the project proponent obtain an individual take authorization (Section 7 or 10a) from the Service. Should this project propose to be permitted through a section 4(d) HLP, the Service is required pursuant to section 7 of the ESA to prepare a Biological Opinion on the impacts to the federally-listed thread-leaved brodiaea. If the Biological Opinion adequeately addressees the Department's conservation requesrments fo the thread-leaved brodiaea, then a simplified 2080.1 Consistency Determination can be issued by the Department. We recommend that a meeting be scheduled with the Wildlife Agencies, City, and the applicant to discuss the appropriate use of the section 4(d) HLP, Section 7, and Section 2080.1 processes. Moreover, because new coastal Califomia gnatcatcher territories may be established with each breeding season, we require sensitive species surveys that are not more than one year old at the time of application for any type of permit (e.g., NCCP 4(d), section 7, section 10). 2. The Migratory Bird Treaty Act (MBTA) prohibits the take of any birds listed under the MBTA (most non-game, native birds). Nesting birds and their young are susceptible to impacts from clearing, grabbing, grading, or other constraction activity. Nesting birds include those that have nests with eggs, juveniles (nestlings), and dependent juveniles of limited mobility (fledglings). In order to avoid take of migratory birds, all clearing, grabbing, or grading activity in existing vegetation should avoid the bird breeding season (Febraary 15 - August 30). Any vegetation within the project remaining after Febmary 15 should be surveyed within the 24-hour period immediately prior to impacts. All surveys must be conducted by a qualified biologist (or Mr. Van Lynch (FWS-SDG-2385.2) Page 4 biologists) with experience in identification of breeding landbirds of westem San Diego County and have experience in locating and monitoring landbird nests in vegetation communities similar to the areas being surveyed on the project site. If any nesting birds are detected, then no clearing, grabbing, grading, or other constraction activity shall occur until such activities are approved by the Wildlife Agencies. Moreover, if an active nest is observed, we recommend that a buffer be established between the constraction activities and the nest so that nesting activities are not intermpted. The buffer should be a minimum width of 300 feet and should be in effect as long as constmction is occurring and until the young have fledged from the nest. 3. The white-tailed kite is designated as a State fully protected species, which prohibits take or possession of this species at any time (i.e., no take authorizations from the State are available). The project should avoid direct impacts to this species. 4. The Wildlife Agencies are concemed about the proposed impacts to thread-leaved brodiaea. Because of the limited above-ground expression of this plant in any given year, mapping of specific locations of thread-leaved brodiaea, or specific areas occupied by the plant, may inaccurately represent its trae abundance and distribution on the site. The best estimate of the percent loss of thread-leaved brodiaea on the project site would come from an estimate of the area of appropriate soils that are proposed for development. Furthermore, the Wildlife Agencies request information on the density of thread-leaved brodiaea within each patch of annual grassland, in both the proposed development footprint and onsite preservation area. 5. The applicant proposes to mitigate loss of thread-leaved brodiaea by preservation of thread- leaved brodiaea onsite, and translocation brodiaea from impact areas in a manner acceptable to the wildlife agencies. We recommend that the applicant consider using a "soil transfer" translocation technique, in which large (approximately three feet by four feet, by two feet deep) sections of clay soil containing thread-leaved brodiaea corns be translocated to similarly-sized excavated receptor sites, with suitable slope, aspect, and hydrology to support thread-leaved brodiaea in perpetuity. 6. The open space conserved on-site will require management to ensure long-term persistence of the thread-leaved brodiaea population and other important biological resources. The applicant should designate an appropriate conservation entity to manage these lands to preserve their biological value. The conservation entity should prepare a management plan, outlining biological resources on the site, monitoring of biological resources, potential impacts to biological resources, actions to be taken to eliminate or minimize those impacts, and an estimate of the cost of those management actions. An appropriate financial mechanism (e.g., a non- wasting endowment) should be established to provide funding for management of biological resources on the property. The amount of the endowment should be detennined by analyzing the cost of the management actions outlined in the management plan, using a property analysis record or similar program. The conservation entity and management plan should be subject to the approval of the Wildlife Agencies. Mr. Van Lynch (FWS-SDG-2385.2) Page 5 7. The Wildlife Agencies consider Califomia adolphia to be a regionally sensitive species. We request that the final MND either fully quantify project impacts to this species and document how the currently-proposed mitigation adequately addresses this impact or require specific additional mitigation for the impacts. 8. The Wildlife Agencies request clarification on the acreage of this site and the proposed onsite preservation. The MND states that 36.5 of the 52.33 acres on the project site will be graded to create the industrial pads and the continuation of Salk Avenue, and that "the remaining 20.3 acres will be an open space lot that will contain native habitat and habitat mitigation areas" (page 11). Conversely, the table on page 14 of the MND notes that a total of 16.33 acres will be preserved onsite. 9. The Wildlife Agencies are concemed about the potential effects that project-related changes in natural hydrologic regimes may have on Letterbox Canyon and its associated biological resources. Specifically, the project may cause changes in the surface flows' velocity, volume, duration, frequency of flows, and pollutant loads. We recommend the retention of natural drainage (i.e., pre-development hydrology) and use of pervious or semi-pervious surfaces (i.e., parking lots, hardcourts, and walkways) where possible to reduce the increase in the velocity of peak flows. At about 10 to 25% imperviousness, the health of aquatic systems is severely degraded (May et al. 1997, Schueler 1994). The Regional Water Quality Control Board has designated the beneficial uses of "warm freshwater habitat" and "wildlife habitat" for Letterbox Canyon.' Increase in peak flows resulting from the increase in impervious surface could impair these beneficial uses. The Wildlife Agencies recommend that every effort be made to design measures to ensure full protection of the beneficial uses of the riparian areas adjacent to and downstream of the project. 10. Letterbox Canyon and the smaller tributaries to this streambed are considered streams and wetlands and/or waters of the United States and the proposed project would require authorization from the Department, ACOE, and the Regional Water Quality Control Board for impacts to these stream channels. The proposed project will require a Section 1603 Streambed Alteration Agreement (SAA). The Department's issuance of a Lake or Streambed Alteration Agreement for a project that is subject to CEQA requires CEQA compliance actions by the Department as a Responsible Agency. As a Responsible Agency under CEQA, the Department may consider the local jurisdiction's (Lead Agency's) CEQA documentation for the project. To minimize additional requirements by the Department pursuant to Section 1600 et seq. and/or under CEQA, the final document should fully identify the potential impacts to the lake, stream or riparian resources and provide adequate avoidance, mitigation, monitoring and reporting commitments for issuance of the agreement. A Streambed Alteration Agreement notification form may be The beneficial use of "warm freshwater habitaf includes uses of water that support warm water ecosystems including, but not limited to, preservation or enhancement of aquatic habitats, vegetation, fish or wildlife, including invertebrates. The beneficial use of "wildlife habitaf includes uses of water that support terrestrial ecosystems including, but not limited to, preservation or enhancement of terrestrial habitats, vegetation, wildlife or wildlife water and food sources. Mr. Van Lynch (FWS-SDG-2385.2) Page 6 obtained by writing to the Department of Fish and Game, 4949 Viewridge Avenue, San Diego, Cahfomia 92123-1662, or by calling (858) 636-3160, or by accessing the Department's web site at www.dfg.ca.gov/1600. The Wildlife Agencies appreciate the opportunity to comment on this draft MND. If you have any questions, please contact Nancy Frost of the Department at 858-637-5511 or John Martin of the Service at 760-431-9440. Nancy Gilbert Assistant Field Supervisor U.S. Fish and Wildlife Service cc: State Clearinghouse Literature Cited Sincerely, William E. Tippets Environmental Program Manager Califomia Department of Fish and Game May , C.R., R. Homer, J. Karr, B. Mar, and E. Welsh. 1997. Effects of Urbanization on Small Streams in the Puget Sound Lowland Ecoregion. In: Watershed Protection Techniques, 2(4): 483-494. Schueler, T. 1994. The Importance of Imperviousness. In: Watershed Protection Techniques 1(3): 100-111. RECEIVED FEB 2 8 2002 STATE CLEARING HOUSE Sent ,3y: WILSON ENGINEERING; 7604380173; Feb-25-02 15:13; Page 2/2 Lotf iilis Design (Iroupt Inc. FAXMITTAL TO: Dept. of Interior. US Fish & Wildlife Service Date: 2/25/02 Time; ATTENTION; John Martin PROJECT: Fox-MiUer Property FAX: 76Q-431-S902 JOB U: L-1054 PHONE 760-431-9440 FROM; Robert C. Ladwig TOTAL NO. OF SHEETS (INCLUDING THIS COVER SHEET); _2_ RE: DEPARTMENT AND SERVICE COMMENT LETTER ON THE FOX-MILLER PROPERTY, CARLSBAD, CALIFORNIA (SCH2001102149) Dear John, Thank you for requesting an agenda for the suggested meeting between your agency, the State Department of Fish and Game, the City of Carlsbad, and myself. I have discussed briefly with Van Lynch questions that we have and there are only three items in your letter that we had questions on. The first question deals with Item #1 (page 3). Would you support the purehase of 4 (d) credits froin the County for CSS impacts? The second question is regarding paragr^h 4, on page 4. The last sentence, you indicate that the agencies request information on the density ofthe thread-leaved brodiaea within each patch of annual grassland in boA the proposed development footprint and onsite preservation area, llie question we have is why do we care about the density if wc are saving all ofthe thread-leaved brodiaea. 80% of it is being saved in place and the otiier 20% is being transplanted. What is the value of determining the density if all of it is being saved? The second question we have is in paragr^h 7 at the top of page 5. We do not understand what you are looking for based on your second sentence. You cither need to fully quantify project impacts on the Califomia adolphia and to document how the proposed mitigation adequately addresses this impact, or require specific additional mitigation for the impacts. We are not sure how to address this comment. 703 Palomar Airport Road • Suite 300 • Carlsbad • CA • 92009 (760) 438-3182 • FAX (760) 438-0173 Sent ey: WILSON ENGINEERING; 7604380173; Feb-25-02 15:13; Page 1/2 lAdivis DMigii Group! lac. The other items we feel would be dealt with, with City conditions or NPDES requirements. Tf you could clarify the items in paragraphs 1,4, and 7, as mentioned above, we may not need to get together. I will await your response. Sincerely, LADWIG DESIGN GROUP, INC. iW)r— Robert C. Ladwig, President cc: Nancy Frost, State Fish and Game (858) 467-4299 Van Lynch, City of Carlsbad (760) 602-8559 Wendy lx>efner, Recon (619) 308-9334 Dean MiUcr, Fluor Corp. (949) 349-5179 703 Palomar Airport Road • Suite 300 • Carlsbad • CA • 92009 (760)438-3182 • FAX (760) 438-0173 us Fish and Wildlife Service Carlsbad Fish and Wildlife Office 2730 Loker Avenue West Carlsbad, CA 92008 (760)431-9440 FAX (760) 431-9624 In Reply Refer to: FWS Log No. 2385.2 Mr. Van Lynch City of Carlsbad 1635 Faraday Avenue Carlsbad, Califomia 92008-7314 CA Dept. of Fish & Game South Coast Regional Office 4949 Viewridge Avenue San Diego, CA 92123 (858) 467-4201 FAX (858) 467-4299 FEB Z 5 2002 Re: Mitigated Negative Declaration for the Fox/Miller Property, City of Carlsbad, San Diego County, Califomia (SCH2001102149) Dear Mr. Lynch: The Califomia Department of Fish and Game (Department) and U. S. Fish and Wildlife Service (Service) (collectively, "Wildlife Agencies") have reviewed the Mitigated Negative Declaration (MND) for the Fox/Miller Property in the City of Carlsbad (City). The Wildlife Agencies have some concems regarding the potential effects of this project on wildlife and regional conservation planning. We offer the following comments to assist the City in minimizing and mitigating project impacts to biological resources, and to assure that the project is consistent with ongoing regional habitat conservation planning efforts. The primary concem and mandate of the Service is the protection of public fish and wildlife resources and their habitats. The Service has legal responsibility for the welfare of migratory birds, anadromous fish, and endangered animals and plants occurring in the United States. The Service is also responsible for administering the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 etseq.). The Department is a Trastee Agency and a Responsible Agency pursuant to the Califomia Environmental QuaHty Act (CEQA), Sections 15386 and 15381 respectively. Pursuant to Section 1802 of the Fish and Game Code, the Department has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants and habitat necessary for biologically sustainable populations of those species. As a Trustee Agency, the Department must be consulted by the Lead Agency during the preparation and public review for project-specific CEQA documents if there are potential impacts to biological resources. The Department reviews proposed projects, comments on their impacts, and determines whether the mitigation measures or altematives proposed are feasible and appropriate. Under the Califomia Endangered Species Act (CESA), it is the Department's charge to conserve, protect, restore, and enhance any endangered species or any threatened species and its habitat (Section 2052 of the Fish and Game Mr. Van Lynch (FWS-SDG-2385.2) Page 2 Code). The Department also administers the Natural Community Conservation Planning (NCCP) program. The City is currently participating in the NCCP program through the preparation of a Multiple Habitat Conservation Program (MHCP) Habitat Management Plan (HMP). The HMP identifies this site as having a major population of a narrow endemic plant population, thread-leaved brodiaea (Brodiaea filifolia). The MHCP defines a narrow endemic as a species that is "highly restricted by geographical or ecological factors and may have important populations within the MHCP area, such that substantial loss of these populations or their habitat within the MHCP area might jeopardize the continued existence or recovery of that species." Moreover, the northwestem portion of the property, and some areas in the central portion, comprise a proposed hardline preserve area in the draft HMP, which identifies it as Special Resource Area 1. Though the property is not part of a core or linkage area, the major population of thread-leaved brodiaea on the property warrants its designation as a Special Resource Area, and inclusion of parts of the property in the HMP hardline preserve system. The 52.33-acre project site is located in the City and is proposed to be subdivided into four industrial lots and one open space lot. The project site is located directly west of El Camino Real, north of Faraday Avenue, east of College Boulevard, and east of the easterly terminus of Salk Avenue. Land uses surrounding the project site include developing residential north of El Camino Real and existing industrial development surrounding the site. A portion of Letterbox Canyon and its associated drainage traverses the site. The site has elevations ranging from 160 to 300 feet above mean sea level. The five main vegetation types on the project site are Diegan coastal sage scrub (5.56 acres), valley needlegrass grassland (0.26 acre), annual grassland (44.62 acres), U. S. Army Corps of Engineers (ACOE) jurisdictional wetland (0.03 acre), ACOE non-wetland jurisdictional water (0.21 acre), and disturbed habitat (1.89 acres). Contained within the annual grassland is 10.67 acres of the state endangered and federally threatened thread-leaved brodiaea. Diegan coastal sage scmb and native grassland are considered sensitive habitats due to their increasing rarity, and because both have the potential to support several state- and federally-listed threatened and endangered species. Diegan coastal sage scrab is also a key habitat component of the State NCCP program, including the MHCP. Grasslands in general are considered an important habitat type due to association with rare plants and because they support foraging raptors. Species that are found in Diegan coastal sage scrab often use neighboring grassland habitats, particularly when these habitats are highly fragmented and in a mosaic configuration. Other sensitive species onsite include the federally threatened and state species of special concem (CSC) coastal Califomia gnatcatcher (Polioptila californica californica), northem harrier (Circus cyaneus, CSC), Cooper's hawk (Accipiter cooperii, CSC), white-tailed kite (Elanus leucurus), a State fully protected species, and Califomia adolphia (Adolphia californica), a regionally sensitive species. Additional raptors onsite include red-tailed hawk (Buteo Mr. Van Lynch (FWS-SDG-2385.2) Page 3 jamaicensis), turkey vulture (Cathartes aura), and American kestrel (Falco sparverius). Proposed development will impact 36 acres of the project site. Impacts to 2.6 acres of Diegan coastal sage scrab will be mitigated at a 2:1 ratio by the onsite preservation of 2.96 acres of Diegan coastal sage scrab and the conversion of 2.24 acres of annual grassland to Diegan coastal sage scrab. To mitigate for impacts to 0.19 acres of valley needlegrass grassland, 0.57 acres (3:1 mitigation ratio) of annual grassland will be converted to native grassland with thread-leaved brodiaea. Impacts to 31.32 acres of annual grassland will be mitigated at a ratio of 0.5:1 by preserving 13.3 acres of annual grassland onsite and an additional 2.93 acres of annual grassland onsite or by payment of an in lieu fee that is consistent with the City's draft HMP. Impacts to 2.17 acres of annual grassland with thread-leaved brodiaea will be mitigated by recovering the thread-leaved brodiaea bulbs in the annual grassland proposed for impact and transplanting them to the grassland slopes in the open space. Project impacts to 0.03 acre of ACOE jurisdictional wetland will be mitigated onsite at a 2:1 creation ratio and impacts to 0.19 acre of ACOE non- wetland jurisdictional water will be mitigated onsite at a 1:1 creation ratio. A 0.39-acre basin will be created onsite in the westem part of Letterbox Canyon. This wetland creation site will remain as open space and be revegetated with willow scrab species. An additional 1.89 acres of disturbed habitat will be impacted by the project. The Wildlife Agencies offer the following observations, comments, and recommendations: 1. Because impacts to the coastal Califomia gnatcatcher require a federal incidental take permit, please clarify whether the City plans to process this project through a section 4(d) Habitat Loss Permit (HLP) or have the project proponent obtain an individual take authorization (Section 7 or 10a) from the Service. Should this project propose to be permitted through a section 4(d) HLP, the Service is required pursuant to section 7 of the ESA to prepare a Biological Opinion on the impacts to the federally-listed thread-leaved brodiaea. If the Biological Opinion adequeately addressees the Department's conservation requesrments fo the thread-leaved brodiaea, then a simplified 2080.1 Consistency Determination can be issued by the Department. We recommend that a meeting be scheduled with the Wildlife Agencies, City, and the applicant to discuss the appropriate use of the section 4(d) HLP, Section 7, and Section 2080.1 processes. Moreover, because new coastal Califomia gnatcatcher territories may be established with each breeding season, we require sensitive species surveys that are not more than one year old at the time of application for any type of permit (e.g., NCCP 4(d), section 7, section 10). 2. The Migratory Bird Treaty Act (MBTA) prohibits the take of any birds listed under the MBTA (most non-game, native birds). Nesting birds and their young are susceptible to impacts from clearing, grabbing, grading, or other constraction activity. Nesting birds include those that have nests with eggs, juveniles (nestlings), and dependent juveniles of limited mobility (fledglings). In order to avoid take of migratory birds, all clearing, grabbing, or grading activity in existing vegetation should avoid the bird breeding season (Febraary 15 - August 30). Any vegetation within the project remaining after Febraary 15 should be surveyed within the 24-hour period immediately prior to impacts. All surveys must be conducted by a qualified biologist (or Mr. Van Lynch (FWS-SDG-2385.2) Page 4 biologists) with experience in identification of breeding landbirds of westem San Diego County and have experience in locating and monitoring landbird nests in vegetation communities similar to the areas being surveyed on the project site. If any nesting birds are detected, then no clearing, grabbing, grading, or other constraction activity shall occur until such activities are approved by the Wildlife Agencies. Moreover, if an active nest is observed, we recommend that a buffer be established between the constraction activities and the nest so that nesting activities are not interrapted. The buffer should be a minimum width of 300 feet and should be in effect as long as constraction is occurring and until the young have fledged from the nest. 3. The white-tailed kite is designated as a State fully protected species, which prohibits take or possession of this species at any time (i.e., no take authorizations from the State are available). The project should avoid direct impacts to this species. 4. The Wildlife Agencies are concemed about the proposed impacts to thread-leaved brodiaea. Because of the limited above-ground expression of this plant in any given year, mapping of specific locations of thread-leaved brodiaea, or specific areas occupied by the plant, may inaccurately represent its trae abundance and distribution on the site. The best estimate of the percent loss of thread-leaved brodiaea on the project site would come from an estimate of the area of appropriate soils that are proposed for development. Furthermore, the Wildlife Agencies request information on the density of thread-leaved brodiaea within each patch of annual grassland, in both the proposed development footprint and onsite preservation area. 5. The applicant proposes to mitigate loss of thread-leaved brodiaea by preservation of thread- leaved brodiaea onsite, and translocation brodiaea from impact areas in a manner acceptable to the wildlife agencies. We recommend that the applicant consider using a "soil transfer" translocation technique, in which large (approximately three feet by four feet, by two feet deep) sections of clay soil containing thread-leaved brodiaea corms be translocated to similarly-sized excavated receptor sites, with suitable slope, aspect, and hydrology to support thread-leaved brodiaea in perpetuity. 6. The open space conserved on-site will require management to ensure long-term persistence of the thread-leaved brodiaea population and other important biological resources. The applicant should designate an appropriate conservation entity to manage these lands to preserve their biological value. The conservation entity should prepare a management plan, outlining biological resources on the site, monitoring of biological resources, potential impacts to biological resources, actions to be taken to eliminate or minimize those impacts, and an estimate of the cost of those management actions. An appropriate financial mechanism (e.g., a non- wasting endowment) should be established to provide funding for management of biological resources on the property. The amount of the endowment should be determined by analyzing the cost of the management actions outlined in the management plan, using a property analysis record or similar program. The conservation entity and management plan should be subject to the approval of the Wildlife Agencies. Mr. Van Lynch (FWS-SDG-2385.2) Page 5 7. The Wildlife Agencies consider Califomia adolphia to be a regionally sensitive species. We request that the final MND either fully quantify project impacts to this species and document how the currently-proposed mitigation adequately addresses this impact or require specific additional mitigation for the impacts. 8. The Wildlife Agencies request clarification on the acreage of this site and the proposed onsite preservation. The MND states that 36.5 of the 52.33 acres on the project site will be graded to create the industrial pads and the continuation of Salk Avenue, and that "the remaining 20.3 acres will be an open space lot that will contain native habitat and habitat mitigation areas" (page 11). Conversely, the table on page 14 of the MND notes that a total of 16.33 acres will be preserved onsite. 9. The Wildlife Agencies are concemed about the potential effects that project-related changes in natural hydrologic regimes may have on Letterbox Canyon and its associated biological resources. Specifically, the project may cause changes in the surface flows' velocity, volume, duration, frequency of flows, and pollutant loads. We recommend the retention of natural drainage (i.e., pre-development hydrology) and use of pervious or semi-pervious surfaces (i.e., parking lots, hardcourts, and walkways) where possible to reduce the increase in the velocity of peak flows. At about 10 to 25% imperviousness, the health of aquatic systems is severely degraded (May et al. 1997, Schueler 1994). The Regional Water Quality Control Board has designated the beneficial uses of "warm freshwater habitat" and "wildlife habitat" for Letterbox Canyon.' Increase in peak flows resulting from the increase in impervious surface could impair these beneficial uses. The Wildlife Agencies recommend that every effort be made to design measures to ensure full protection of the beneficial uses of the riparian areas adjacent to and downstream of the project. 10. Letterbox Canyon and the smaller tributaries to this streambed are considered streams and wetlands and/or waters of the United States and the proposed project would require authorization from the Department, ACOE, and the Regional Water Quality Control Board for impacts to these stream channels. The proposed project will require a Section 1603 Streambed Alteration Agreement (SAA). The Department's issuance of a Lake or Streambed Alteration Agreement for a project that is subject to CEQA requires CEQA compliance actions by the Department as a Responsible Agency. As a Responsible Agency under CEQA, the Department may consider the local jurisdiction's (Lead Agency's) CEQA documentation for the project. To minimize additional requirements by the Department pursuant to Section 1600 et seq. and/or under CEQA, the final document should fully identify the potential impacts to the lake, stream or riparian resources and provide adequate avoidance, mitigation, monitoring and reporting commitments for issuance of the agreement. A Streambed Alteration Agreement notification form may be The beneficial use of "warm freshwater habitat" includes uses of water that support warm water ecosystems including, but not limited to, preservation or enhancement of aquatic habitats, vegetation, fish or wildlife, including invertebrates. The beneficial use of "wildlife habitat" includes uses of water that support terrestrial ecosystems including, but not limited to, preservation or enhancement of terrestrial habitats, vegetation, wildlife or wildlife water and food sources. Mr. Van Lynch (FWS-SDG-2385.2) Page 6 obtained by writing to the Department of Fish and Game, 4949 Viewridge Avenue, San Diego, Califomia 92123-1662, or by calling (858) 636-3160, or by accessing the Department's web site at www.dfg.ca.gov/1600. The Wildlife Agencies appreciate the opportunity to comment on this draft MND. If you have any questions, please contact Nancy Frost of the Department at 858-637-5511 or John Martin of the Service at 760-431-9440. Nancy Gilbert Assistant Field Supervisor U.S. Fish and Wildlife Service Sincerely, •C— William E. Tippets Environmental Program Manager Califomia Department of Fish and Game cc: State Clearinghouse Literature Cited May , C.R., R. Homer, J. Karr, B. Mar, and E. Welsh. 1997. Effects of Urbanization on Small Streams in the Puget Sound Lowland Ecoregion. In: Watershed Protection Techniques, 2(4): 483-494. Schueler, T. 1994. The Importance of Imperviousness. In: Watershed Protection Techniques 1(3): 100-111. Gray Davis GOVERNOR STATE OF CALIFORNIA GOVERNOR'S OFFICE PLANNING AND RESEARCH State Clearinghouse Steven A. Nissen DIRECTOR February 21,2002 Van Lynch City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 FEB 2002 t PUNNING OEPftWMENT City 01 CJ. Carlsbad .i/ Subject: Fox/Miller Property-GPA 00-05/ZC 00-07/CT 00-20/PIP 00-02/HPD 00-11 SUP 00-10 SCH#: 2001102149 Dear Van Lynch: The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review. The review period closed on February 20, 2002, and no state agencies submitted comments by that date. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please call the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. If you have a question about the above-named project, please refer to the ten-digit State Clearinghouse number when contacting this office. Sincerely, Terry Roberts Director, State Clearinghouse 1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044 916-445-0613 FAX 916-323-3018 WWW.OPR.CA.GOV/CLEARINGHOUSE.HTML Document Details Report ^ State Clearinghouse Data Bas^P SCH# 2001102149 Project Title Fox/IVliller Property-GPA 00-05/ZC 00-07/CT 00-20/PIP 00-02/HPD 00-11 SUP 00-10 Lead Agency Carlsbad, City of Type Neg Negative Declaration Description The subdivision and grading of a 53.65-acre parcel Into a five lot industrial subdivision with one open space lot. The General Plan Amendment Is to change the land use designation from Unplanned Area to Planned Industrial and to adjust the boundary of Open Space designation based on a biological survey of the property. The existing zoning of Limited Control Is proposed to be changed to Planned Industrial to conform to the Planned Industrial land use designation. This document Is being re-circulated because of revised mitigation measures. Lead Agency Contact Name Agency Phone email Address City Van Lynch City of Carlsbad 760/602-4613 1635 Faraday Avenue Carlsbad Fax State CA Zip 92008-7314 Project Location County City Region Cross Streets Parcel No. Township San Diego Carlsbad El Camino Real/College 212-020-23-00 Range Section Base Proximity to: Highways Airports Railways Waterways Schools Land Use McClellan/Palomar NCTD Agua Hedionda Cree(</Lagoon Kelley Elementary Vacant/Limited Control/Non-Residential Reserve Project Issues Aesthetic/Visual; Archaeologic-Historic; Geologic/Seismic; Noise; Soil Eroslon/Compactlon/Grading; Vegetation; Wetland/Riparian; Landuse Reviewing Resources Agency; California Coastal Commission; Department of Conservation; Department of Fish Agencies and Game, Region 5; Office of Historic Preservation; Department of Parks and Recreation; Caltrans, Division of Aeronautics; California Highway Patrol; Caltrans, District 11; Air Resources Board, Major Industrial Projects; Regional Water Quality Control Board, Region 9; Native American Heritage Commission; State Lands Commission Date Received 01/22/2002 Start of Review 01/22/2002 End of Review 02/20/2002 Note: Blanks in data fields result from insufficient information provided by lead agency. Gray Davis GOVERNOR STATE OF CALIFORNIA GOVERNOR'S OFFICE PLANNING AND RESEARCH State Clearinghouse ,t of nAng, Steven A. Nissen DIRECTOR DATE: TO: ACKNOWLEDGEMENT OF RECEIPT January 29, 2002 Van Lynch City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 . M'lm ?U\m\m DEPARTMENT City Of Carlsbad RE: 00-10 Fox/Miller Property-GPA 00-05/ZC 00-07/CT 00-20/PIP 00-02/HPD 00-11 SUP SCH#: 2001102149 This is to acknowledge that the State Clearinghouse has received your environmental document for state review. The review period assigned by the State Clearinghouse is: Review Start Date: January 22, 2002 Review End Date: February 20, 2002 We have distributed your document to the following agencies and departments: Air Resources Board, Major Industrial Projects Califomia Coastal Commission Califomia Highway Patrol Caltrans, District 11 Caltrans, Division of Aeronautics Department of Conservation Department of Fish and Game, Region 5 Department of Parks and Recreation Native American Heritage Commission Office of Historic Preservaliou Regional Water Quality Control Board, Region 9 Resources Agency State Lands Commission The State Clearinghouse will provide a closing letter with any state agency comments to your attention on the date following the close of the review period. Thank you for your participation in the State Clearinghouse review process. 1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CAUFORNIA 95812-3044 916-445-0613 FAX 916-323-3018 WWW.OPR.CA.GOV/CLEARINGHOUSE.HTML Sent'By: WILSON ENGINEERING; 7604380173; Jan-21-02 10:50: Page 2/2 19 6 1 Leighton and Associates 2 O O X January 17,2002 GEOTECHNtCAL CONSULTANTS To: Attention: subject; References: „. . , Project No. 040581-001 City of Carlsbad Public Works - Engineering 1635 Fareday Avenue Carlsbad Califonua 92008-7314 Mr. Fi-ank Jimeno, Associaie Engineer Peer Review of Cieotechnical Rjespoose for th« 4-tbot High Vertical Cut at the Base ofthe 1.5 to 1 (Horizontal to Vertical) Slope, Fox-Miller Properly, Carlsbad Tract No. 00-20, Carlsbad, Califbraia AMEC, 2001, Geotechnical Response to City of Carlsbad/Peer Review Comments, Fox-Miller Property, CT 00^2, GPA 00-05, El Camino Real, Carlsbad, California, Project No. 0-252- 101400, dated December 14,2001 Ladwig Design Group, 2002,Your Project Number 0405SI-11 - Peer Review of Geotechnical Recommendations for ttie 1-1/2 to I Vertical Slope, Fox-Miller Property, Carlsbad Tract No. 00- 20, Carisbad, California, (Ladwig Design Group Job No. L-1054), dated January 14,2002 Leighton and Associates, 2001, Peer Review ol-'Geotechnical Recommendations for the 1.5 to 1 (Horizontal to Vertical) Slope, Fox-Miller Property, Carlsbad Tract No, 00-20, Carlsbad, Calitornia, Project No. Project No. 040581 -001, dated November 30,2001 In accordance witli the request of Mr. Bob Ladwig of die Ladwig Design Group, we have pcrtimned a geotechnical peer review ofthe referenced resp<Mise letter by AMBC (AMEC, 2001) conceming the proposed 4-foot high vertical cuts in the 1.5:1 (horizontal to vertical) $|q>e at the Fox-Miller Property in Carlsbad, Califrania. Based on our review ofthe refwenced geotechnical document (AMEC, 2001), it is our professional opinion ttiat ttw analysis and conclusicxis of tiw proposed 4-faot tall vertical cuts at ttie base of ttie 1.5 to 1 (horizcmtal to veitical) cut slope on ttie site ant coniiistent with standard practices of geotechnical engineering wittiin the Southern California region. If you have any questions regarding our letter, please contact ttiis office. Wc appreciate tfiis opportunity to be of service. Respectfully submitted, LEIGHTON AND ASSOCIATES, INC William D. Olson, RCE 45283 Senior Project Engineer Distribution; (2) Addressee (1) Ladwig Design Group, AttelWlon; Mr, Bob Ladwig (1) Mr. Dean Miller, c/o Fluor Corporation Randall K. Wagner, CEG 1612 Duector of Geology RECEIVED JAN 2 t 2002 LADWIG DESIGN GR 1\ 3934 Murphy Canyon Road, *B2Q$, San Pkgo, CA 92123-4425 (858) 292-8030 • FAX (858) 292-0771 • www.lelghtongeo.eom !LE Citv of Carlsbad Planning Departnnent January 16, 2002 Calif. Dept of Fish and Game Environmental Services Division Natural Communities Conservation Planning 4949 Viewridge Avenue San Diego CA 92123 SUBJECT: GPA 00-05/ZC 00-05/CT 00-20/SUP 00-10/ HDP 00-11/PIP 00-02 - FOX/MILLER PROPERTY (FWS-SDG-2385.1) (SCH 2001102149) Please find enclosed a copy of the revised Mitigated Negative Declaration and Environmental Impact Assessment prepared for the Fox/Miller Property located adjacent and west of El Camino Real, south of Faraday Avenue and North of College Boulevard. The revisions reflect comments received from the U.S. Fish and WildUfe Service. The docimient begins its 30-day public review in accordance with CEQA Guidelines on January 23,2002. The project consists of a General Plan Amendment to adjust the open space boimdaries based on envirormiental constraints, a Zone Change from Limited Control to Industrial, Tentative Tract Map, Hillside Development Permit, Special Use Permit, and Planned Industrial Permit to subdivide and grade 53.65 acres of land into four lots for industrial uses and one open space lot. Please forward to me any comments you may have regarding the project's impacts and proposed mitigation measures for which you are a responsible agency under CEQA. If you have questions regarding the project of the proposed environmental determination, please call me at (760) 602- 4613. Sincerely, VAN LYNCH Associate Planner VLimh Attachments c: File 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us City of Carlsbad Planning Department January 16,2002 John Martin U.S. Fish and WildUfe Service 2730 Loker Avenue West Carlsbad, CA 92008 SUBJECT: GPA 00-05/ZC 00-05/CT 00-20/SUP 00-10/ HDP 00-11/ PIP 00-02 - FOX/MILLER PROPERTY (FWS-SDG-2385.1) (SCH 2001102149) Dear Mr. Martin: Please find enclosed a copy of the revised Mitigated Negative Declaration and Environmental Impact Assessment prepared for the Fox/Miller Property located adjacent and west of El Camino Real, south of Faraday Avenue and North of CoUege Boulevard. The revisions reflect comments received from the U.S. Fish and Wildlife Service. The document begins its 30-day public review in accordance with CEQA Guidelines on January 23,2001. The project consists of a General Plan Amendment to adjust the open space boundaries based on environmental consfraints, a Zone Change from Limited Confrol to Industrial, Tentative Tract Map, Hillside Development Permit, Special Use Permit, and Planned Industrial Permit to subdivide and grade 53.65 acres of land into four lots for industrial uses and one open space lot. Please forward to me any comments you may have regarding the project's impacts and proposed mitigation measures for which you are a responsible agency under CEQA. If you have questions regarding the project of the proposed environmental determination, please call me at (760) 602- 4613. Sincerely, VAN LYNCH Associate Plarmer VL:mh Attachment c: File 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us Citv of Carlsbad Planning Departnnent January 14, 2002 Carlsbad Associates No. 1 LP C/O SZA Real Estate Ellie Mendiz Ste 350 1900 Main St frvineCA 92614 RE: CT 00-20 - FOX/MILLER PROPERTY Dear Mr. Barnard: This letter is in regards to property located at 5540 Fermi Court, Carlsbad, CA owned by Carlsbad Associates. This property is further defined as Parcel 3 of Parcel Map No. 17830, Minor Subdivision 96-06, APN 212-130-51-00. As you may or may not be aware, the City is processing a development application on the 53-acre Fox/Miller property that is adjacent and east of property owned by Carlsbad Associates. The request is for a General Plan amendment, Zone Change and Tentative Map for a five lot industrial subdivision. The General Plan amendment will change the land use designation from Non-residential reserve to Planned Industrial and Open Space. Please see attached exhibit showing the proposed General Plan amendment. The City will also be adjusting the Open Space boundary of the Carlsbad Associates property as part of the adjacent General Plan Amendment. On an attached exhibit, I have shown the existing location of the Open Space land use designation for the Carlsbad Associates property. The proposed location would be coincident with the existing open space easement recorded on the property during the subdivision of the property (MS 96-02). Since the area already has the open space easement, there will be no change in the use of the property. I expect this project to go before the Planning Commission in spring of 2002. Public notice information will be sent out to surrounding property owners prior to the public hearings. If you have any questions regarding the above, please feel free to contact me at (760) 602-4613. Sincerely, Van Lynch Associate Planner VLxs Attachments c: File 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us Citv of Carlsbad Planning Department January 8, 2002 (. Carlsbad Associates No. 1 LP iP^'^Y c/o Scott Barnard ^ 840 Newport Center Drive, Suite 420 Newport Beach CA 92660 ^ RE: CT 00-20 - FOX/MILLER PROPERTY Dear Mr. Barnard: This letter is in regards to property located on Fermi Court, Carlsbad, CA owned by Carlsbad Associates. This property if further defmed as Parcel 3 of Parcel Map No. 17830, Minor Subdivision 96-06, APN 212-130-51-00. As you may or may not be aware, the City is processing a development application on the 53-acre Fox/Miller property that is adjacent and east of property owned by Carlsbad Associates. The request is for a General Plan amendment, Zone Change and Tentative Map for a five lot industrial subdivision. The General Plan amendment will change the land use designation from Non-residential reserve to Planned Industrial and Open Space. Please see attached exhibit showing the proposed General Plan amendment. The City will also be adjusting the Open Space boundary of the Carlsbad Associates property as part of the adjacent General Plan Amendment. On an attached exhibit, I have shown the existing location of the Open Space land use designation for the Carlsbad Associates property. The proposed location would be coincident with the existing open space easement recorded on the property during the subdivision of the property (MS 96-02). Since the area already has the open space easement, there will be no change in the use of the property. I expect this project to go before the Planning Commission in spring of 2002. Public notice information will be sent out to surrounding property owners prior to the public hearings. If you have any questions regarding the above, please feel free to contact me at (760) 602-4613. Sincerely, Van Lynch Associate Planner VLxs Attachments c: File 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us Citv of Carlsbad Planning Department December 21, 2001 Ladwig Design Group, Inc. Robert Ladwig 703 Palomar Airport Road, Suite 300 Carisbad CA 92009 SUBJECT: GPA 00-05/ ZC 00-07/ CT 00-20/ SUP 00-10/HDP 00-11/ PIP 00-02 - FOX/MILLER PROPERTY Dear Bob: Please find enclosed the revised Environmental Impact Assessment Part II for the Fox/Miller project. This has been revised pursuant to modification suggested by the wildlife agencies letter dated November 29, 2001. Please review the new mitigation measures, sign the document, if you concur with the mitigation measures, and return. Sincerely, Van Lynch Associate Planner Attchment File Copy 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us Gray Davis GOVERNOR STATE OF CALIFORNIA GOVERNOR'S OFFICE PLANNING AND RESEARCH State Clearinghouse Steven A. Nissen DIRECTOR December 3,2001 Van Lynch City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Subject: Fox/Miller Property-GPA 00-05/ZC 00-07/CT 00-20/PIP 00-02/HPD 00-11 SUP 00-10 SCH#: 2001102149 Dear Van Lynch: The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review. The review period closed on November 29, 2001, and no state agencies submitted comments by that date. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the Califomia Environmental Quality Act. Please call the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. If you have a question about the above-named project, please refer to the ten-digit State Clearinghouse nxmiber when contacting this office. Sincerely, A. at Terry Robertr Senior Planner, State Clearinghouse 1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CAUFORNIA 95812-3044 916-445-0613 FAX 916-323-3018 WWW.OPR.CA.GOV/CLEARINGHOUSE.HTML Document Details Report State Clearinghouse Data Ba( SCH# 2001102149 Proyecf Title Fox/Miller Property-GPA 00-05/ZC 00-07/CT 00-20/PIP 00-02/HPD 00-11 SUP 00-10 Lead Agency Carlsbad, City of Type Neg Negative Declaration Description The subdivision and grading of a 53.65-aGre parcel into a five lot industrial subdivision with one open space lot. The General Plan Amendment is to change the land use designation from Unplanned Area to Planned Industrial and to adjust the boundary of Open Space designation based on a biological survey of the property. The existing zoning of Limited Control is proposed to be changed to Planned Industrial to confirm to the Planned Industrial land use designation. Lead Agency Contact Name Agency Phone email Address City Van Lynch City of Carlsbad 760/602-4613 1635 Faraday Avenue Carlsbad Fax State CA Zip 92008-7314 Project Location County City Region Cross Streets Parcel No. Township San Diego Carlsbad El Camino Real/College 212-020-23-00 Range Section Base Proximity to: Highways Airports Railways Waterways Schools Land Use 1-5 McCiellan/Palomar NCTD Agua Hedionda Creek/Lagoon Kelley Elementary Vacant/Limited Control/Non-Residential Reserve Project Issues Aesthetic/Visual; Archaeologic-Historic; Geologic/Seismic; Noise; Soil Erosion/Compaction/Grading; Vegetation; Wetland/Riparian; Landuse Reviewing Resources Agency; California Coastal Commission; Department of Conservation; Department of Fish Agencies and Game, Region 5; Department of Partes and Recreation; Department of Water Resources; California Highway Patrol; Caltrans, District 11; Air Resources Board, Major Industrial Projects; Regional Water Quality Control Board, Region 9; Native American Heritage Commission; Public Utilities Commission; State Lands Commission Dafe Received 10/31 /2001 Start of Review 10/31/2001 End of Review 11 /29/2001 Note: Blanks in data fields result from insufficient information provided by lead agency. ^ US. nSMaWIUXJFB SXRVICX US Fish and Wildlife Service Carlsbad Fish and Wildlife Office 2730 Loker Avenue West Carlsbad, CA 92008 (760)431-9440 FAX (760) 431-9624 Dept. of Fish & Game uth Coast Regional Office 5?^949 Viewridge Avenue San Diego, CA 92123 (858) 467-4201 FAX (858) 467-4299 In Reply, Refer to: FWS-SDG-2385.1 Mr. Van Lynch City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, Califomia 92008 NOV 2 9 2001 Re: Comments on the Mitigated Negative Declaration for the Fox-Miller Project in the City of Carlsbad, San Diego County, Califomia (Case No. GPA 00-05/ZC 00-07/CT 00- 20/SUP 00-10/HDP 00-11/PIP 00-02) Dear Mr. Lynch: The Califomia Department of Fish and Game (Department) and the U.S. Fish and Wildlife Service (Service), hereafter referred to as the Wildlife Agencies, have reviewed the Mitigated Negative Declaration (MND), the supporting Biological Technical Report (dated April 5, 2001) prepared by Regional Environmental Consultants (Recon), and the Habitat Restoration and Mitigation Plan for Diegan Coastal Sage Scmb, Valley Needlegrass, with Thread-leaved Brodiaea (Brodiaea filifolia), and Southem Willow Scmb Wetland (dated August 17, 2001) prepared by Recon, for the Fox-Miller project and are providing the following comments. The primary concem and mandate of the Service is the protection of public fish and wildlife resources and their habitats. The Service has legal responsibility for the welfare of migratory birds, anadromous fish, and endangered animals and plants occurring in the United States. The Service is also responsible for administering the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.). The Department is a Tmstee Agency and a Responsible Agency pursuant to the Califomia Environmental Quality Act (CEQA), and is responsible for the conservation, protection, and management of the state's biological resources, including rare, threatened, and endangered plant and animal species, pursuant to the Califomia Endangered Species Act (CESA), and administers the Natural Community Conservation Planning Program. The project site is located in the central portion of the City of Carlsbad (City) immediately west of El Camino Real, and north of Palomar Airport Road. The property is currently surrounded by light industrial or business development to the south, west, and east, with agricultural fields across El Camino Real to the north. A portion of Letterbox Canyon and its associated drainage traverses the site. The northwestem portion of the property, and some areas in the central portion, comprise a proposed hardline preserve area in the City's draft Habitat Management Plan for Natural Communities (HMP), which identifies it as Special Resource Area 1. Though the Mr. Van Lynch (FWS-SDG-2385) property is not part of a core or linkage area, the major population of thread-leaved brodiaea on the property warrants its designation as a Special Resource Area, and inclusion of parts of the property in the HMP hardline preserve system. In addition, one pair of coastal Califomia gnatcatcher (Polioptila californica californica) was observed foraging on-site in December, 2000 and January, 2001. The proposed project is to develop an industrial park on 36 acres of the 53.65 acre property. The remaining 17.65 acres would be retained as open space in the northwestem portion of the property. Plant communities to be impacted include 2.5 acres of Diegan coastal sage scmb (CSS), 0.19 acre of valley needlegrass grassland, 31.32 acres of non-native grassland, and 1.89 acres of developed land. The applicant proposes to mitigate impacts to CSS by preservation of existing coastal sage scmb and either 1) revegetation of non-native grassland areas to coastal sage scmb, or 2) off-site acquisition of additional coastal sage scmb. The Wildlife Agencies offer the following observations, comments, and recommendations to assist the City of Carlsbad in avoiding or minimizing impacts to biological resources: 1. It is unclear how this project would be permitted for loss of coastal sage scmb, coastal Califomia gnatcatcher, and thread-leaved brodiaea. This project is in a proposed hard line area in the City's draft HMP and as a result, impacts associated with this project have been addressed within the larger MHCP planning area. However, please be aware that should a U.S. Army Corps of Engineers permit be needed, which would invoke consultation under section 7 of the Act, or should an individual habitat conservation plan under section 10(a)l(b) of the Act be pursued, further minimization or mitigation measures may be required. In addition, thread-leaved brodiaea is a State endangered plant species that would require a 2081(b) take permit under CESA for project impacts. 2. The applicant proposes to mitigate loss of thread-leaved brodiaea by preservation of thread-leaved brodiaea on site, and translocation of corms unearthed in the grading of the area proposed for development. The Wildlife Agencies are concemed that this technique may not adequately mitigate the loss of thread-leaved brodiaea. Excavation of receptor sites for corms to be translocated may disturb thread-leaved brodiaea corms already occupying the receptor sites. Also, our review of success of thread-leaved brodiaea translocation projects indicates that most translocation projects fail to adequately mitigate loss of thread-leaved brodiaea, for a variety of reasons. We recommend that the applicant consider using a "soil transfer" translocation technique, in which large (approximately three feet by four feet, by two feet deep) sections of clay soil containing thread-leaved brodiaea corms be translocated to similarly-sized excavated receptor sites, with suitable slope, aspect, and hydrology to support thread-leaved brodiaea in perpetuity. 3. According to the MND, the proposed constmction would directly impact 31.32 acres of non-native grassland. Non-native grasslands are undervalued in the MND and the Biological Technical Report, because open grasslands provide valuable foraging areas for raptors, including sensitive species identified during the biological surveys [e.g., white- Mr. Van Lynch (FWS-SDG-2385) tailed kite (Elanus leucurus). Cooper's hawk (Accipiter cooperii), and northem harrier (Circus cyaneus). Other state and federal species of special concem, such as black-tailed jackrabbit (Lepus californicus bennettii). Burrowing Owl (Athene cunicularia), loggerhead shrike (Lanius ludovicianus) and Califomia Homed Lark (Eremophila alpestris actia) use grassland habitat, and further loss of grasslands increases risk of endangerment for these and other species. Grassland habitat is clearly limited in extent within the City's jurisdiction. Cumulatively, raptor foraging habitat loss may be significant, and impacts to this resource warrant mitigation. Non-native grassland habitats are important components of the natural open space areas within the City, and a mitigation ratio of 0.5:1 for non-native grasslands is consistent with mitigation requirements utilized in other parts of the County of San Diego. Thus, the Wildlife Agencies recommend impacts to non-native grassland be mitigated at a ratio of 0.5:1. The on-site, unnamed tributary to Agua Hedionda Creek and the smaller tributaries to this streambed are considered streams and wetlands and/or waters of the U.S. and the proposed project would require authorization from the Department, the Army Corps of Engineers, and the Regional Water Quality Control Board for impacts to these stream channels. The proposed project will require a Section 1603 Streambed Alteration Agreement (SAA). The Department's issuance of an SAA for a project that is subject to CEQA will require CEQA compliance actions by the Department as a Responsible Agency. The Department, as a Responsible Agency under CEQA, may consider the City's MND for the project. To minimize additional requirements by the Department pursuant to Section 1600 et seq. and/or under CEQA, the final MND should fully identify the potential impacts to the stream and riparian resources and provide adequate avoidance, mitigation, monitoring and reporting commitments for issuance of the agreement. An SAA notification package may be obtained by writing to The Califomia Department of Fish and Game, Environmental Services Division, 4949 Viewridge Avenue, San Diego, CA 92123 or by calling (858) 636-3160. In addition, the applicant may be required to obtain a permit pursuant to Section 404 of the Clean Water Act from the U.S. Army Corps of Engineers as well. The Wildlife Agencies recommend the use of native plants to the greatest extent feasible in the landscape areas adjacent to and/or near mitigation/open space areas and/or wetland/riparian areas. The applicant should not plant, seed or otherwise introduce invasive exotic plant species to the landscaped areas adjacent and/or near the mitigation/open space area and/or wetland/riparian areas. Exotic plant species not to be used include those species listed on Lists A & B of the Califomia Exotic Pest Plant Council's list of "Exotic Pest Plants of Greatest Ecological Concem in Califomia as of October 1999." This list includes such species as: pepper trees, pampas grass, fountain grass, ice plant, myopomm, black locust, capeweed, tree of heaven, periwinkle, sweet alyssum, English ivy, French broom, Scotch broom, and Spanish broom. A copy of the complete list can be obtained by contacting the Califomia Exotic Pest Plant Council at 32912 Calle del Tesoro, San Juan Capistrano, CA 92675-4427, or by accessing their web site at http://www.caleppc.org. Mr. Van Lynch (FWS-SDG-2385) 6. The open space conserved on-site will require management to ensure long-term persistence of the thread-leaved brodiaea population and other important biological resources. The applicant should designate an appropriate conservation entity to manage these lands to preserve their biological value. The conservation entity should prepare a management plan, outlining biological resources on the site, monitoring of biological resources, potential impacts to biological resources, actions to be taken to eliminate or minimize those impacts, and an estimate of the cost of those management actions. An appropriate financial mechanism (e.g., a non-wasting endowment) should be established to provide funding for management of biological resources on the property. The amount of the endowment should be determined by analyzing the cost of the management actions outlined in the management plan. The conservation entity and management plan should be subject to the approval of the Wildlife Agencies. The Wildlife Agencies appreciate the opportunity to comment on the Mitigated Negative Declaration for the Fox-Miller property . If you have any questions, please contact Dave Lawhead of the Department at (858) 467-4211 or John Martin of the Service at (760) 431-9440. Nancy Gilbert Assistant Field Supervisor Carlsbad Field Office U.S. Fish and Wildlife Service Sincerely, KWilliam E. Tippets Environmental Program Manager South Coast Region Califomia Department of Fish and Game Citv of Carlsbad Planning Department FAX TRANSMITTAL DATE: November 28, 2001 TIME SENT: Number of Pages Being Transmitted (Including Cover Sheet): 1 TO: David Lawhead COMPANY: PHONE #: FAX #: 1-858-467-4235 FROM: Van Lynch DEPT.: Planning PHONE: (760)602-4613 FAX: (760) 602-8559 SPECIAL INSTRUCTIONS: Dave: below is the wording of the open space condition that is proposed for the Fox/Miller Property. (This condition was also used for the Carlsbad Raceway project.) Prior to approval of a final map or issuance of a grading permit, whichever occurs first, the Developer shall execute a document or documents to the satisfaction of the Planning Director and the City Attorney which accomplish at a minimum the following: A. continued ownership of open space lots X, Y, and Z by the Developer or its successor in interest B. while in continued private ownership, active maintenance to protect and preserve the quality of the habitat (including but not limited to reasonable prevention of trespass); and C. transfer of ownership and maintenance responsibility at some future date to the City or its designee simultaneously with transfer of funding or other acceptable financial mechanism to provide for management and conservation in perpetuity. (The cost of management is currently estimated to be approximately $85.00 per acre per year). • Return Fax 2075 Las Palmas Drive • Carlsbad, California 92009-1576 (760) 438-1161 Of PM*^ Gray Davis GOVERNOR STATE OF CALIFORNIA GOVERNOR'S OFFICE 0/PLANNING AND RESEARCH State Clearinghouse Steven A. Nissen DIRECTOR DATE: TO: ACKNOWLEDGEMENT OF RECEIPT November 9, 2001 Van Lynch City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 % RE: 00-10 Fox/Miller Property-GPA 00-05/ZC 00-07/CT 00-20/PIP 00-02/HPD 00-11 SUP SCH#: 2001102149 This is to acknowledge that the State Clearinghouse has received your environmental document for state review. The review period assigned by the State Clearinghouse is: Review Start Date: October 31, 2001 Review End Date: November 29, 2001 We have distributed your document to the following agencies and departments: Air Resources Board, Major Industrial Projects Cahfomia Coastal Commission Califomia Highway Patrol Caltrans, District 11 Department of Conservation Department of Fish and Game, Region 5 Department of Parks and Recreation Department of Water Resources Native American Heritage Commission Public Utilities Commission Regional Water Quality Control Board, Region 9 Resources Agency State Lands Commission The State Clearinghouse will provide a closing letter with any state agency comments to your attention on the date following the close ofthe review period. Thank you for your participation in the State Clearinghouse review process. 1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044 916-445-0613 FAX 916-323-3018 WWW.OPR.CA.GOV/CLEARINGHOUSE.HTML Citv of Carlsbad Planning Department October 26, 2001 Calif. Dept of Fish and Game Environmental Services Division Natural Communities Conservation Planning 4949 Viewridge Avenue, San Diego CA 92123 SUBJECT: GPA 00-05/ZC 00-07/CT 00-20/PIP 00-02/HDP 00-11/SUP 00-10- FOX MILLER PROPERTY Please find enclosed a copy of the Mitigated Negative Declaration, Environmental Impact Assessment and Biological Studies prepared for the Fox Miller Property located adjacent and west of El Camino Real, south of Faraday Avenue and North of College Boulevard. The document begins its 30-day public review in accordance with CEQA Guidelines on November 1, 2001. - The project consists of a General Plan Amendment to land use designate the property as Planned Industrial and to adjust the open space boundaries based on environmental constraints, a Zone Change from Limited Control to Planned Industrial, Tentative Tract Map, Hillside Development Permit, Special Use Permit, and Planned Industrial Permit to subdivide and grade 53.65 acres of land into four lots for industrial uses and one open space lot. Please forward to me any comments you may have regarding the project's impacts and proposed mitigation measures for which you are a responsible agency under CEQA. If you have questions regarding the project of the proposed environmental determination, please call me at (760) 602- 4613. Sincerely, Van L^ch Associate Planner VL;cs Attachments c: File 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us Citv of Carlsbad Planning Department October 26, 2001 John Martin U.S. Fish and Wildlife Service 2730 Loker Avenue West Carlsbad Ca 92008 SUBJECT: GPA 00-05/ZC 00-07/CT 00-20/PIP 00-02/HDP 00-11/SUP 00-10- FOX MILLER PROPERTY Dear Mr. Martin: Please find enclosed a copy of the Mitigated Negative Declaration, Environmental Impact Assessment and Biological Studies prepared for the Fox Miller Property located adjacent and west of El Camino Real, south of Faraday Avenue and North of College Boulevard. The document begins its 30-day public review in accordance with CEQA Guidelines on November 1, 2001. The project consists of a General Plan Amendment to land use designate the property as Planned Industrial and to adjust the open space boundaries based on environmental constraints, a Zone Change from Limited Control to Planned Industrial, Tentative Tract Map, Hillside Development Permit, Special Use Permit, and Planned Industrial Permit to subdivide and grade 53.65 acres of land into four lots for industrial uses and one open space lot. Please forward to me any comments you may have regarding the project's impacts and proposed mitigation measures for which you are a responsible agency under CEQA. If you have questions regarding the project of the proposed environmental determination, please call me at (760) 602- 4613. Sincerely, Van Lynch Associate Planner VLxs Attachment c: File 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.cl.carlsbad.ca.us ^ lciduiig Design Group, Inc. August 24, 2001 Frank Jimeno City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: FOX-MILLER PROPERTY (LADWIG DESIGN GROUP, INC. JOB NO. L-1054) Dear Frank: This letter is to follow up on your request of me yesterday to ask for peer review of the 172:1 slopes proposed on the Fox-Miller property. We would agree to that request and ask that you forward to me the proposed fee deposit that would be required. You had indicated that this is the last issue to be resolved. I would hope that this would not hold up the preparation of the EIA Part 2 that Van Lynch is beginning to prepare. This work could be done concurrent with the preparation ofthe mitigated negative declaration for the project. I will be on vacation next week and retum to the office on September 4*. This is your Friday off and it looks like I will not be able to speak with you until the first week in September. I would appreciate a call when I retum. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:mso cc: Van Lynch, City of Carlsbad Dean Miller Gordon Fox 703 pQlomar flirport Rood • Suite 300 • Corlsbod, Colifornio 92009 (760) 438-3182 FflX (760) 438-0173 Loduiig Design Group, lnc< August 21, 2001 RECEIVED Am 2 f 2001 Van Lynch t^iT\/r\ City of Carlsbad ^ CARLSBAD 1635 Faraday Avenue PLANNING DEPT Carlsbad, CA 92008 RE: FOX-MILLER PROPERTY (LADWIG DESIGN GROUP, INC. JOB NO. L-1054) Dear Van: Enclosed is our resubmittal for the Fox-Miller property responding to several items you had requested. We are attaching three copies of the biological report updated to reflect the latest conditions. In addition, we have resolved with the Engineering Department the sight distance requirements where Salk Avenue meets El Camino Real. The original Cal-Trans sight distance line was per their standards and was 660 feet. We have come to an agreement with the Engineering staff to not require the acceleration lane south of Salk Avenue in exchange for extending the sight line from 660 to 800 feet. The plans have been changed to identify that change in design. We have also shown the easement and driveway access to the rental yard. In addition to the three copies each ofthe biological report and the revised tentative map, we are also including three copies ofthe revised landscape plan. Please look all these exhibits over, and if you have any questions, or need additional copies or information, please let me know. When you and I had talked earlier, you indicated that once you had received the above information that you would then complete Part 2 of your environmental analysis for a mitigated negative declaration. As soon as you have copies of the mitigated negative declaration that need signature fi-om my client, please forward that to me so that I can obtain the appropriate owner signatures. 703 Polomor flirport Rood • Suite 300 • Corlsbod, Colifornio 92009 (760) 438-3182 FflX (760) 438-0173 Van Lynch August 21, 2001 Page 2 If you have any questions, please give me a call. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:mso Enclosures cc: Dean Miller (w/enclosures) Gordon Fox (w/enclosures) 703 Polomor flirport Rood • Suite 300 • Corlsbod, Colifornio 92009 (760) 438-3182 FflX (760) 438-0173 Sent By: WILSON ENGINEERING; 7604380173; Aug-3-01 8:49; Page 1/1 loduiig DoslfA Groupi IM* FAXMITTAL TO: Pllf yW" T^npineering ATTENTION: JahO T)^vfc\ no*.. 8/3/01 Tiine:_ . — PROJECT: Fn^ni^r - accekmrion Hmf/M<<Htoi"l^ «*ght yAY- 721-2046 JOB #: jaflSi. PHONE FROM: RA^?Tt ^-^^wi TOTAL NO. OF SHEETS (INCLUDING THIS COVER SHEET): _X REMARKS; John - Skip H_ called this AM for Bob Wojcik ref ^^^^^^^^^^^^^ Real south of Salk. They will not require it if we can go with the 800 sight (Ustance as yo showed it the other day. Please amend yourplan to the 800-sight distance. After youhaveitcalcul^^^ newfile to w4dy ay Recon plus Tony at ADL. When your plan is completed, P^^^^f^^ JT Sdrs^^planLelectfonicfile. menRec^ made his changes, we can then re-submit. Van Lynch has said that when this is resolved, and he has Recon's amended plan, he can then complete his Phase n EIA for a mitigated negative declaration. cc: Skip Hammann, 602-8562 Van Lynch, 602-8559 Tony Lawson, 729-8324 Wendy Loeffler, 619-308-9334 Dean Miller, 949-349-5179 703 Palomar Airport Road • Suite 300 • Carlsbad • CA • 92009 (760)438-3182 • FAX (760) 438-0173 Laduiig Design Group, inc. June 29, 2001 Van Lynch City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: FOX-MILLER PROPERTY/RESUBMITTAL (LADWIG DESIGN GROUP, INC. JOB NO. L-1054) Dear Van: Enclosed are four folded prints of the revised/updated tentative map for the Fox-Miller property. The changes that have been made since the last submittal include providing easement access to the rental yard along the lot line between Lots 2 and 3. We have previously submitted to you, about a month and a half ago, the revisions required by the City based on an earlier letter. In addition to the prints, I am also including a memorandum from Wes Pringle at Willdan to me that discusses the need for an acceleration lane in El Camino Real southbound from our intersection with Salk. As you can see from Wes's memorandum, the peak projected demand of El Camino Real will only utilize about 46% of its carrying capacity. Wes states that the volume to capacity comparison would indicate that vehicles exiting the site would not obstruct the traffic flow on El Camino Real. Hopefully, this additional data will aid the City in determining that the acceleration lane, as earlier requested, is not required. We look forward to your response. If you have any questions, or need additional copies or information, please give me a call. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:mso Enclosures RECEIVED JU' n 2001 cc: Dean Miller (w/enclosures) CITY OF CARLSBAD Gordon Fox (w/enclosures) PLANNING DEPT Frank Jimeno (w/only traffic attachment) Bob Johnson (w/only traffic attachment) Dave Stillman (w/only traffic attachment) John Duewel (w/o enclosures) Jun. 29. 200 1 1 1:02AM WILLDAN FOOTHILL RCH 949 7709041 No. 6766 P. 2/2 WILLDAN Serving Public Agencies Memorandum TO: Bob Ladwig FROM: Wes Pringle SUBJECT: Fox - Miller DATE: June 29, 2001 A memorandum was prepared by Steve Sasaki and addressed to you on April 30,2001. That memorandum discussed factors related to the need for an acceleration lane on El Camino Real at the egress for the subject project. This memorandum provides some additional analyses and Information. A review was made of the Caltrans "Highway Design Manual" and the ASSHTO publication "A Policy on Geometric Design of Highways and Streets", Neither source was found to contain any specific criteria relative to warranting an acceleration lane. The traffic study for the subject project was reviewed to detemnine projected traffic volumes on El Camino Real. For 2020 conditions, the southbound AM peak hour volume is 2,735 and the PM peak hour volume is 1,838. The analyses utilized a through lane capacity of 2000 vehicles per lane per hour. Since there are three southbound through lanes, the total capacity would be 6000 vehicles per hour. The peak projected demand of 2,735 vehicles would utilize 46 percent of this capacity. The volume to capacity comparison would indicate that vehicles exiting the site would not obstnjct the traffic flow on EI Camino Real. There is more than adequate capacity available in two lanes (4,000 vehicles / hour) to accommodate the peak through movement (2,735). These data support the recommendation ofthe previous memorandum that an acceleration lane is not required. RECEIVED CrrY OF CARLSBAD PLANNING DEPT. RECEIVED JUN 2 9 2001 12820/3000/OM60 I LADWIG DESIGN GR p Citv of Carlsbad Planning Department July 23, 2001 Robert Ladwig Ladwig Design Group, Inc. 703 Palomar Airport Road, Suite 300 Carlsbad CA 92009 SUBJECT: GPA 00-05/ ZC 00-07/ CT 00-20/ SUP 00-10/HDP 00-11/ PIP 00-02 - FOX/MILLER PROPERTY BIOLOGICAL REPORT AND MITIGATION PLAN Dear Bob: I am presently reviewing the environmental documents the completion of the environmental review for the Fox Property. In reviewing the April 5, 2001 revised biological technical report for the Fox Property prepared by Recon Environmental Consultants, the report identifies the need to mitigate for the impacts to coastal sage scrub by either on-site restoration or acquisition of credits fi-om an approved mitigation bank. The mitigation plan prepared for the project, dated December 13, 2000, has not been updated to incorporate the coastal sage scrub restoration details. In the event the developer mitigates the impacts through on-site restoration, there needs to be an approved mitigation plan in place. Please have the mitigation plan updated to include the mitigation for the coastal sage scrub. If you have any questions regarding the above, please give me a call at (760) 602-4613. Sincerely, VAN LYNCH Associate Planner VL:mh c: File 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us Laduiig Design Group, Inc. May 4, 2001 QV9S1HV0 dO Frank Jimeno City of Carlsbad Engineering Department 1635 Faraday Avenue Carlsbad, CA 92008 RE: FOX/MELLER PROPERTY (CT 00-20) (LADWIG DESIGN GROUP, INC. JOB NO. L-1054) Dear Frank: Enclosed are three sets of folded plans fi-om Buccola Engineering where we have made the changes that you have requested in yovir letter to me dated March 21,2001. I will go through that letter item by item and describe to you in a little more detail the changes that have been made or to answer the questions that you have. Item #1 I've attached a copy of the document listed in Item 7 ofthe Preliminary Title Report. Actually, it is not an unrecorded lease. All it is is a notice recorded in 1989 by one of the owners indicating that Rick Engineering is undertaking various studies with respect to development and that the owners are not responsible for the studies for or by Rick Engineering. I was at Rick Engineering at the time and we were doing studies for Mr. Frank Sohaei. Item #2 Please find enclosed an updated copy of the Traffic Report that has been revised per your suggestions. "The following issues need to be resolved and addressed prior to staff making the determination of the project." Item #1 This paragraph deals with the access to the rental yard south ofthe Fox Property along El Camino Real. The second sentence under this item #1 indicates that this is a "public safety issue." It would be helpful if you could explain what the public safety issue is so that we can respond. As you can see fi-om the plan, we have not added the easement access as you have requested because we feel that 703 pQlomar flirport Rood • Suite 300 • Corlsbod, Colifornio 92009 (760) 438-3182 FflX (760) 438-0173 Frank Jimeno May 4, 2001 Page 2 is not our responsibility. The rental yard was issued a permit for their development. This may have been issued by the County sometime ago and assumed by the City, and we do not feel that solving their access per City requirements is our problem. In addition, as I mentioned above, it would be helpful if you could explain what makes this a public safety issue. Item #2 We have eliminated all the 1 Vi to 1 slopes within the project with the exception of the large slope along and adjacent to El Camino Real opposite Lot 1. For the 1 Vi to 1 slopes adjacent to Lot 1,1 did get another opinion letter firom the soils engineer. The new response from the soils engineer also responds to yoxu: item #4. Hopefully, this will clarify your concems. For the area adjacent to the VA to 1 slope along El Camino Real, we are suggesting that if there is any surface soil creep that the owners association for the park be responsible for maintenance. This is something that could be added as a condition of approval. Item #3 Buccola Engineering has made the changes requested. Item #4 Addressed above. Item #5 In addition to the updated traffic report, the traffic engineer has also addressed a one-page memorandum to me dated April 30,2001 which is attached to this letter. This is in response to Item #5 requesting an acceleration lane to be added at El Camino Real with its intersection with Salk Avenue. The traffic engineer has some good arguments for not including the acceleration lane. We would agree with them including their responses that are in the attached memorandum. Item #6 We would agree that vehicle access fi-om El Camino Real to the proposed viewing areas should not be allowed. The viewing areas that will be provided can be accessed by pedestrians fi-om the adjacent sidewalk areas. 703 Polomor flirport Rood • Suite 300 • Corlsbod, Colifornio 92009 (760) 438-3182 FflX (760) 438-0173 Frank Jimeno May 4, 2001 Page 3 I am also including three copies of a Revised Biological Technical Report by Recon. Please pass these on to Van Lynch. We have responded to all the items in your letter to me dated March 21,2001, and we look forward to any further comments that you or the Planning Department might have about this project. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:lb.01 Attachments cc: Van Lynch, Associate Planner, w/enclosures Gordon Fox w/enclosures Dean Miller w/enclosures John Duewel, Buccola Engineering, w/enclosures 703 Polomor flirport Rood • Suite 300 • Corlsbod, Colifornio 92009 (760) 438-3182 FflX (760) 438-0173 Citv of Carlsbad Public Works Engineering March 21, 2001 Robert 0. Ladwig Ladwig Design Group 703 Palomar Airport Road Carlsbad, California 92009 CT 00-20, GPA 00-05, ZC 00-07, SUP 00-10, HDP 00-11, PIP 00-02: FOX/MILLER PROPERTY Dear Bob: The following items are still missing from the application to determine related issues: 1 An explanation of item 7 of the preliminary title report (an unrecorded lease) and its impact on the proposed development. 2 The traffic report is incomplete. Provide a copy of the referenced report. The existing streets need to be updated and current counts need to be used. The following issues need to be resolved and addressed prior to staff making a determination on the proposed project: 1. Access to the property southerly of the project on El Camino Real is still a major issue. This is a public safety issue. The legal opinion you submitted differs on this issue and on the nexus to this project. Engineering staff still feels access has to be provided from Salk Avenue. A fully improved street will not be required; instead, an access easement would meet this requirement. At this time we can offer to take this issue to the City Attorney's office to determine what the City's legal position will be. To this end, an exhibit will be needed showing the intersection of El Camino Real and Faraday Avenue and its relation to the project. 2. The use of 1.5:1 slopes is still an issue. Engineering standards do not allow the construction of slopes steeper than 2:1. The steep slopes at the boundary between lots 3 and 4 and at the westerly boundary of lot 4 do not seem to be required for environmental purposes. It is suggested that the balance of the steep slopes be replaced with a crib wall or a combination of a crib wall and a 2:1 slope. The construction cost of a crib wall is not an overriding consideration. The aesthetics of such walls can be mitigated. The primary consideration is the safety of the slope. As stated in the soils report in the slope stability section, such slopes "are susceptible to soil creep and shallow surficial instability." Please refer to the Engineering Standards page 30 for exceptions. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 602-8562 March 21, 2001 CT 00-20 Fox-Miller Property Page 2 3. The temporary desilting basins shown at each padded lot meet our requirement. Show how the temporary lot drainage will be directed to the basins. 4. The soils engineer's letter resolves the faulting issue. However, the soil removal issue is still unclear. Their correction of Section 6.1.4 still basically states in the first paragraph to remove and recompact some of the soil, and in the second paragraph to remove the same soil. This needs clarification. 5. The Transportation Division has requested that an acceleration lane be added at El Camino Real at its intersection with the proposed Salk Avenue. 6. Vehicular access from El Camino Real to the proposed viewing area will not be allowed. If such viewing area is feasible, only pedestrian access will be allowed from El Camino Real. If you have questions regarding any of the comments above, please contact me at 602- 2758. FRANK JIMENO Associate Engineer Deputy City Engineer - Development Services Senior Civil Engineer - Land Development Associate Planner - Van Lynch Citv of Carlsbad Planning Department January 24, 2001 Ladwig Design Group, Inc. Robert Ladwig 703 Palomar Airport Road, Suite 300 Carlsbad CA 92009 SUBJECT: GPA 00-05/ ZC 00-07/ CT 00-20/ SUP 00-10/HDP 00-11/ PIP 00-02 - FOX/MILLER PROPERTY BIOLOGICAL REPORT AND MITIGATION PLAN Dear Bob: Please find below comments I have made on the Revised Biological Technical Report, Recon, August 30, 2000, and the Mitigation Plan, Recon, December 13, 2000. Biological report 1. The results of the focused survey for the California gnatcatcher on the Fox Property states that a pair was observed on-site during the survey. Please include the focused survey results into the revised biological study and identify the resultant biological impacts as a result of the site being occupied, i.e. increased mitigation ratio and location of additional mitigation area. If the mitigation cannot occur on-site, then identify the off-site location. Possible locations could include the Holly Springs property or potentially within the County of San Diego mitigation property, if approved by City Council. 2. Is it possible to determine if the impacts to the Diegan coastal sage scrub will actually be considered a take of the birds or is there adequate area and quality of habitat to believe that the birds will remain on site? 3. Please verify that the 2:1 roadway fill along the western edge of El Camino Real along the eastern edge of the property and at the head of Letterbox Canyon is shown correctly as non-native grassland, versus developed land. 4. Please check the acreage of Non-native grassland in Table 1. Table 8 identifies 44.62 acres of Non-native grassland where Table 1 33.95 acres. 5. Page 1, Summary of Findings, Page 29, Mitigation Measures, and various other locations. These sections state that the recommended mitigation ratios are based on the approval of the HMP and may need to be revised if the HMP is not approved. The HMP may not be approved or at least by the time this project goes forward to the decision making body. Please verify that the mitigation recommended in the report is adequate and will not need to be revised. 6. The report should identify the impacts and mitigation of the sewer and storm drain lines from Lot 1 that traverse the Diegan coastal sage scrub in two places. 7. A wetland mitigation area of .25 acres is required and will be within the .39-acre wetland basin created in letterbox Canyon. Please address the maintenance of the 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us detention basin and the potential impact to mitigation habitat established within the basin. 8. One outstanding issue with the Engineering Department is the proposed angle of the slopes adjacent to El Camino Real. If the slopes were permitted at 172:1 then more habitat would be preserved than slopes that would meet City standards of 2:1. The biological plan may need to address this issue once it is resolved. Mitigation Plan 1. If possible, please provide an exhibit, or delineate on Figure 4, that shows just the areas of revegetation without the areas of preservation. 2. It is identified that plants may be irrigated by water truck on pages 19 and 23. Please specify that the trucks will not enter the mitigation area and that the trucks will supply water to a piping system that covers the mitigation area. It is suggested that an underground piping system be used to irrigate the mitigation area. The system may be in place for a few years and would be less susceptible to damage if placed in the ground. The system may also be used during times of drought if needed. 3. The installation of a fence to protect the areas of revegetation is not warranted in this location. The revegetation areas are located a distance from any public access point and are not currently impacted by foot or vehicular traffic. The addition of fencing seems to only impact the property physically and visually. There may be a warrant to fence the wetland habitat area. If fencing is desired, then the whole project site should be fenced in a uniform manner, if it is needed as a biological mitigation measure. 4. The mitigation plan should incorporate some kind of perpetual maintenance of the open space area. The owner of the property shall be required to maintain, in perpetuity, the open space and restoration areas free from trash, debris and weeds. There may be a time when the fire department may require weed abatement within the open space area if it becomes too weedy. Ideally, an endowment fund could be created to maintain the property and the property deeded to a conservancy group for maintenance responsibility. 5. Are there any possibilities of planting something along with the thread-leaved brodiaea to enhance the landscaping along the El Camino Real corridor? If you, or Recon, have any questions regarding the above, please feel free to give me a call at (760) 602-4613. Sincerely, (JCAAMA^ Van i^nch Associate Planner VL:cs c: File Copy lciduiig Design Group, inc. January 22, 2001 RECEIVED JAN 2 2 2D01 Van Lynch City of Carlsbad CITY OF CARLSBAD 1635 Faraday Avenue PLANNING DEPT. Carlsbad, CA 92008 RE: FOX - MILLER PROPERTY/CTOO-20/RESPONSE TO LETTERS DATED NOVEMBER 16 AND DECEMBER 7, 2000 (LADWIG DESIGN GROUP, INC. JOB NO. L-1054) Dear Van: The following is in response to the above two letters received fi-om the City reference the Fox-Miller property. Under the comments on the November 16* letter, my responses are as follows: Planning 1. I have attached the original disclosure statements for Mission Beach LLC as requested. 2. I have not included a digital copy ofthe tentative map. In discussions with Frank Jimeno, he wanted to see this next submittal before he makes a determination relative to several engineering items. Once the plan has gone through this next level of review, we would then submit the digital copy as required. 3. The following is in response to this item needed to complete the application for the Fox property. I have gone through each of the lots within the subdivision with the following discussion: Lot #1 This lot is an irregular shape, contoured lot surrounded by open space that contains sensitive habitat. Slopes supporting and surrounding the building pad are curvilinear to blend with the natural undisturbed open space. Lot #2 The slopes within this lot are under 20' and I have no further comments. 703 pQlomar fiirport Road • Suite 300 • Carlsbad, California 92009 (760) 438-3182 FfiX (760) 438-0173 Van Lynch January 22, 2001 Page 2 Lot #3 The rear slopes (27' and 36' high) and fi-ont yard slopes (20' and 29' high) are all curvilinear and do not have any straight portions. Slopes are designed to blend with the surrounding natural slopes. Lot #4 We have made some changes to the slope ratio fi-om our initial submittal. The slopes now along the north property line will vary fi-om 2 to 1 at the east properly line to 1 Vi to 1 and 2 to 1 and back 1 Yz to 1 in the cut areas of the slope as allowed for by our soils consultant. Along the south property line, slopes will vary fi-om 2 to 1 on the east to VA to 1 and back to 2 to 1. The southwest comer of this lot down to Salk Avenue has a overall slope height of 58'. This slope is contoured and curvilinear and has two drainage benches to collect local and offsite drainage. Lot #5 (Open Space) (Along Salk Avenue and El Camino Real) The large slope (60' maximum) is a curved slope that supports Salk Avenue as it crosses the upper end of Letterbox Canyon. The roadway (Salk Avenue) has been aligned to minimize grading impacts and yet meet Carlsbad Industrial Street Design Standards. With no development pads adjacent to the westerly side of Salk Avenue, the general public will be able to see and enjoy the open space canyon. A small area on the west side of Salk Avenue opposite the driveway access to Lot 4 will be used for a picnic/lunch area and is central to all the lots in the development. This area also overlooks Letterbox Canyon. The slope along El Camino Real is required for the widening of El Camino Real and to maintain the traffic sight lines. Because of the rich paleontological resources identified by the San Diego Natural History Museum (Tom Demere, Ph.D.) and the extensive sensitive habitat (thread-leaved brodiaea) at the top of slope several slope modifications are proposed. At the toe of slope because of sight distance lines requirements, there is an additional flat area of about 15' beyond the property line/street line. Along the toe of this slope adjacent to the flat area, Dr. Tom Demere has suggested and our soils engineer has concurred that 4' high vertical slopes at approximately 15' intervals along the toe of slope be allowed for research/investigation of the paleontological resources. This small cut area for research would not be landscaped. Just to the north ofthe large cut is the old roadbed for El Camino Real that could be used for parking and access to the rich natural resources. Because ofthe thread-leaved brodiaea at the top of slope along El Camino Real north of Salk Avenue, a VA to 1 slope is being proposed to minimize the plant impacts. This slope inclination is supported by our soils engineer. 703 Palomar flirport Road • Suite 300 • Corlsbod, California 92009 (760) 438-3182 FflX (760) 438-0173 Van Lynch January 22, 2001 Page 3 The El Camino Real Scenic Corridor Standards will be maintained. The pad for Lot 1 at the closest location to the right of way for El Camino Real is 100' away where 30-foot minimum is required. On Lot 2, the El Camino Real setback standards will be adhered to. In addition, in our project description, we explain in detail the variance findings that we feel can be made because of the unusual topography, the need for sight distance lines along El Camino Real, and the effort to preserve in place the thread-leaved brodiaea. In reviewing the Hillside Ordinance, it is clear that Section 121.95.140, Paragraph D, that states that property designated for non-residential development shall comply with all the requirements of this Chapter except Sections 21.95.120, (D) and 21.95.120, (E) (slope heights and grading volumes). It fiirther states that we need to provide justification for exceeding the slopes heights and grading volumes within the Hillside Ordinance. We have stated in the attached documentation our justification for meeting these exclusions. 4. Attached are three copies of the wetland, valley neddlegrass, and thread-leaved brodiaea mitigation plan by Recon dated December 13,2000. In addition you asked for an update or new information fi-om the biologist that states that the biological and wildlife condition remain accurate and current. You also ask if the Fish and Wildlife Service Gnatcatcher survey guidelines requires seasonal surveys to be preformed. Attached to this letter is a copy of a letter fi-om Recon dated January 18 where they have updated their Gnatcatcher surveys on January 16 of this year. ISSUES OF CONCERN Plannmg 1. We have added a lot summary and total number of lots as requested. 2. We have identified the building on Fermi Court as existing. 3. & 4 Because we have not received our landscape plan check back yet, we would like to take advantage of the note under Item 4 indicating that the corrections to the landscape plan can be made with future landscape comments. 5. As noted in #3 above, we have varied the slope ratio for a number of lots to conform to the contour grading requirements. 6. The notice of time limits under discretionary applications has been retumed. 703 Palomar flirport Road • Suite 300 • Corlsbod, California 92009 (760)438-3182 FflX (760) 438-0173 Van Lynch January 22, 2001 Page 4 The above concludes the responses required for the November 16* letter. The following is the response for the December 7*, 2000 letter. Starting with items 1,2, 3, 4, and 5. Please see the attached letter to Frank Jimeno from John Duewel at Buccola Engineering that addresses these first five items. Second item #1 of the December 7* letter. As we have indicated before, we strongly disagree with the requirement to provide access to Salk Avenue through our property to the El Camino Real Rental yard. For your information, I am attaching a legal opinion from the firm of Paone, Callahan, McHolm & Winton dated July 16*, 1999 addressed to Mr. Dean Miller and signed by Roger A. Grable. We have continually taken the position and will keep that position that providing the rental yard access through the Fox-Miller property cannot be made a requirement of our project. The rental yard has been given their permits to build and if the City has a problem with their access, we strongly feel it is not our obligation to solve that problem. 2. Please find attached a letter addressed to Frank Jimeno dated December 19*, 2000 by John Duewel at Buccola Engineering. I have discussed this item with Frank briefly before the holidays and Frank suggested that we submit justification for wanting to build a slope without the crib wall and that after our resubmittal, he would get together with his staff to review our request and to make a decision. 3. The north arrows have been corrected as requested. 4. Note to reference sewer acknowledged. 5. As identified by John Duewel at Buccola, the proposed sewer line was placed in an area that is not impacted by sensitive habitat. This is an area between the coastal sage scmb and the brodiaea. 6. Temporary desilting basins have been added to each lot. 7&8 Please see attached letter from the soils engineer, AMEC, dated December 18*, 2000. 9. Please see attached earthwork summary prepared by Buccola dated June 26, 2000. 10. The sight line has been adjusted as requested. 11. The sight distance requirements were addressed in the letter from Buccola Engineering. 703 Palomar flirport Road • Suite 300 • Corlsbod, California 92009 (760) 438-3182 FflX (760) 438-0173 Van Lynch January 22, 2001 Page 5 12. A note has been added under the street cross sections on sheet 1 of the tentative map requiring mission-bell street lights along El Camino Real. 13. Comments received reference traffic signal. 14. The changes have been made as requested and the City check print is being retumed with this package. In addition to the above, I am also including three copies of an 8x11 reduction ofthe tentative map and earthwork summary. We have responded to all the comments in the two City response letters dated November 16* and December 7*, 2000. We ask that you please review the changes that have been made and we look forward to your further response to this industrial project. If you have any questions in the meantime or need additional copies of any exhibits, please get in touch. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:lb.02 Enclosures cc: Frank Jimeno, w/o enclosures Gordon Fox w/enclosures Dean Miller w/enclosures Tony Lawson w/o enclosures John Duewel w/o enclosures 703 Palomar flirport Rood • Suite 300 • Carlsbad, California 92009 (760) 438-3182 FflX (760) 438-0173 Rece.lvecl: 1/19/01 15:18; 61 S3089334 '01/19/01 14:02 REC^B* 7604380173 WILSON ENGINEERING; Page 2 NO. 026 002 1 J JanuaiT 18,2001 Mr. Christine Mocn U.S. Fish and Wildlife Service CarLsbad Field Office 2730 Loker Avenue Wesi Carlsbad, CA 92008 Reference: Post-Survey Notincation—^Focused Survey Results for the Coastal California Gnatcatcher on the Pox Property in Carlsbad (RECON Number 3028B) RECEIVED LADWIG DESIGN 6R 192/ Fifth Avenue, Suite 200 -San Diego. CA 92101-2358 619 / 308-9333 rax 308-9334 Dear Ms. Moen: This letter is to notify the U.S. Pish and Wildlife Service (USFWS) of the results of RECON's recent coastal California gnatcatcher {Polioptila californica californica) surveys for the Fox Property. This letter complies with requirements of our federal endangered species permits, The surveys were conducted by Jennifer Hodge (USFWS pennit number TE-797665) in accordance with current USFWS guidelines (prepared July 28, 1997) requiring three sui-veys of all appropriate habitat conducted at intervals of at least seven days. The specifics of survey dates and conditions are provided in Table 1. Meandering transects were walked within the habitat and routes traversed both the upper and lower boundaries of the habitat. An average of 2.5 acres per hour and 5.6 acre.s per day were surveyed by the pertnitted biologi.st, A vocalization tape was played at approximately 200-foot intervals in an attempt to elicit a response from gnatcatchers on-site. Name of project: Fox Property Biological Survey Project Location: The study area is in the city of Carlsbad, south of Bl Camino Real between Fai-aday Avenue and College Boulevard (Figure 1). Acreage: Approximately 52 acres; 5.6 acres of Diegan coastal sage scrub Re.mUs: One pair (jf gnatcatchers was observed on-site during the protocol surveys. During the first site visit, the pair was observed within coastal sage scrub at the western edge of the property, just north of Letterbox Canyon. Later that day, one individual was observed just south of Letterbox Canyon, on tlie eastern edge of the main patch of coastal sage scrub. During the second and third survey dates, the pair was observed again within coastal sage scrub at the western edge of the property, just north of Letterbox Canyon. TABLE 1 PROTOCOL SURVEY DATES, CONDITIONS, AND RESULTS Date Surveyor Beginning Conditions Ending Conditions 12/29/00 Jennifer riodge 9:J5a.m.;61°F; 10:15 a.m.; 72 V; 0-2 mph; 0% cover 0-2 mph; 0% cover 1/5/01 Jennifer Ilodge 9:00 a.ui.; 56°?; 10:00 a.m.; 63 *F; 0-1 mph; 100% cover 0-1 mph; 100% cover 1/16/01 Jennifer Hodge 9:15 a.m.; 52 V, 10:15 a.m.;52TF; 0-4 mph; 0% cover 0-7 mph; 0% cover <4 Rec«?xveci: 1/19/01 15:19; SI 93089334 -> WILSON ENGINEERING; Page 3 * 01/19/01 14:02 REG^^ 7604380173 NO. 026 003 Mr. Christine Mocn Page 2 January 18,2001 Three plant communities were identified on-site: Diegan coastal sage scrub, valley needlegrass grassland, and non-native grassland. These habitats account for approximately 96 percent of the project site with the remainder of the site characterized as developed/disturbed. The coastal sage scrub is dominated by black sage (Salvia mellifera) and common encelia (Encelia californica). Other species present include California sagebrush (ArteniLua californica), needlegrass {Na.seUa sp.), Califomia buckwheat (Eriogonum fasciculatum), adolphia (Adolphia californica), coast goldenbush (hocoma menziesii), coyote bush (Baccharis pilularis), lemonadeberry (Rhus integrifolia), and blue elderberry (Sambucus mexicanus). Non-native species present include mustard (Brassica spp.), radish (Raphinus sativus), wild oat (Avena sp.), and fennel (Foeniculum vuigare). Bird species identified during protocol surveys include lesser goldfinch (Carduelispsaltria hesperophilw!), hou.se finch (Carpodacus mexicanus frontalis), California towhee (Pipilo crissalis), spotted towhee (Fipilo maculatus), and roadrunner (Ceococcyx californianus). If you have any questions concerning the contents of this post-survey submittal, please do not hesitate to contact me. Sincerely, Jennifer Hodge Biologist JJH:sh cc: Dean Miller Bob Ladwig, Ladwig Design Group, Inc. Received: 1/19/01 15:19; 6193089334 -> WILSON ENGINEERING; Page 4 '01/19/01 14:03 REC^^ 7604380173 NO. 026 P04 MILES 0 mOURE 1 Regional Location of the Project 0 RecejLved: 1/19/01 1 S : 20 ; • '01/19/01 14:03 RECI ei93089334 7604380173 WILSON ENGINEERING; Page 5 NO. 026 005 \% /Gravel I, V CJ---.. ^I^^Sn PROJECT LOCATION «'^2'~<5''4 I 11 U'^ r—• Mjinji n I .11- • /<•' / Intorosa Cognlry Clui , iarl^ Ppint 1 V,' / I « fv J W Paloihar . /.":. yV ,,AAi,pph... .J?') / • ' I ill 1 i'a • N ID;.! A; .^V 'i'«•••'Hi 11 Map Source: U.S.G.S 7.5 minute topographic maps, ll San Luis Rey and Encinitas quadrangle 2000 FEET 0 FIGURE 2 Project Vicinity 7/26/99 2:20PM; JUL 26 1999 14:08 Fl 07/23/99 16:28 FAX 949 949 349 4Sir -> WILSON ENGINEERING; Page 3 ~PlL SERUICES IRUINE949 349 4517 Tiik 17604380173 P.03/04 (^002 >009 PAONE CALLAHAN. S< WlMTOM 19100 vON lOMlMAN EIGHTH FUOOil. P,0. BOX 19613 IRVINE, CA 92613-9S13 PHOrJt! 9*9-955-2900 FAX-' 949'9S5.9009 E'MAIL: intoOpAonB.com WEB SITl: liKpi//w»ft«.ption«.eom ROBERT E.CALLAHAM JAMES B.CAVANAUQH WILUAM R. DEVINE RICHARD J.FOSTER PAULe.GE0R66 HOSER A. GRABLE SUSAN K. HORI AIANJ.KESSEL KENNETH S.KfiAMeft STEVEN A. McHOLM KATWLHEN CARDtHERS PADNE TIM PAONE JOHNF.SIMONIS MARTIN J. STEIN WILUAM P. TANNER, 111 DANIEL K. WINTON July 16,1999 Dean Miller 3353 Michelson Drive, #514-R Irvine. CA 92648 Rc: poxyMiller Property • Riitht-of-Wav Dedication Dear Mr, Miller: You have asked us to advise you with respect to the legality of a requirement that the City of Carlsbad is proposing to attach to the approval of a tract map for the above-referenced property. The facts as we understand them are diat the City is requiring you to dedicate and improve access to an adjoining parcel of land as a condition of approval of the development of your property. Tbe adjoining property is developed and currently has access off of El Camino Real, a dedicated public street. The access being required of you is not necessary to serve your development nor does it benefit any ofthe parcels being created by your developmem. No public safety issues exist with respea to the creation of access to your property vis-a-vis the existing access to the adjoining property. The sole basis of the City's requirement that you dedicate and improve this new access point is the City's desire to reduce the access points along El Camino Real so as to improve traffic flow. Based on the foregoing, we are ofthe opinion that the imposition ofthe requirement that you dedicate and provide improved access to the adjoining property owner fails to meet the "rough ^io^OTtiom[iiy"rjtstofDolanv. aty of Tigard (1994) 512 U.S. 374, 114 5.0 2309. The fimdamental concept relied upon by the Dolan Court is that people should not bear burdens that, in all fairness, should be born by the public in general. In essence, the Court developed a two-pan inqujiy as to whether an exaction imposed as a condition of development goes too far in this regard. A court must first determine whether there is an essential nexus between a legitimate state interest and die exaction. If the court finds that such a nexus exists, it must then determine if the 072399/14'. \ S /F91000.U07/] lOjlS 1.1 Ret^^ved: 7/26/99 2:20PM; JUL 26 1999 14:08 FR 949 349 4517 WILSON ENQINEERING: Page 4 ^qL SERUICES IRUINE949 349 4517 TJ '.7604380173 P.04/04 Dean Miller July 16, 1999 Page 2 required degree of comiection exists. In this regard, the Court developed the "rough proportionality" test. That is, ••[wlhile no precise mathematical calculation is required, ... the city must make some sort of individualized determination that the required dedication is related both in namre and extent to the impact of the proposed development." 114 Set ca 2322. The burden of proof on this issue is the City's. The record we are aware of contains no such determination. Assuming the City has a legitimate interest in the smooth flow of traffic, there is no evidence in the record demonstrating that the proposed development creates the need for the relocation of the access to the adjoming property The City is simply seeking to take advantage of the fact of the development of your property to obtain a benefit for the public in general and the adjoining property owner. Under the Dolan test, the City cannot do that without compensating you for the land taken and. the required improvements. If you have any questions or need additional amplification of these points, please do not hesitate to contact us. Very trul Roger A. Grable 07239»n*; 18 /P91OOO.007/1 low 1.1 JUL 23 1999 16:31 949 955 9009 PPQE.03 MEMORANDUM January 8, 2001 TO: PROJECT FILE FROM: ASSOCIATE PLANNER RE: CT 00-20 - FOX/MILLER Received a phone call at approximately 8:45AM from Jim B. at CalTrans. They have no comments on the project at this time. VAN LYNCH VL BUCCOLA ENBINEERINB.Inc. January 15,2001 JN149-1 Mr. Frank Jimeno City of Carlsbad Public Works 1635 Faraday Ave. Carlsbad, CA 92008 SUBJECT: FOX-MILLER PROPERTY, TENTATIVE MAP RESUBMITTAL CT 00-20 Dear Mr. Jimeno: We have reviewed your comments dated December 7, 2000, have made corrections, and are now resubmitting for further review. Our responses to some of the comments follow below. We have changed the boimdary linework to better represent that legal boimdary as described in the title report, and in various deeds and maps. The revised boundary shows up well on the tentative map sheets, and is labeled with bearings and distances. This should preclude the need for a separate boundary exhibit. There are no fire hydrants along El Camino Real near the project. The proposed hydrants along Salk and the ultimate fire hydrant/detector check layout within each lot should be sufficient for the ultimate fire protection needs of the site. It is my understanding that the Carlsbad Fire Department should get a copy of our tentative map through the normal application process with engineering/planning. The issue of potential access to the existing rental yard at El Camino Real is one that Bob Ladwig is more familiar with. Please coordinate any questions on that issue with him. As described in my letter from last month, there are significant arguments for the construction of a 1.5:1 cut slope at El Camino Real, rather than the requested crib wall. We have included a copy of that letter with this submittal. The construction of other 1.5:1 cut slopes throughout the site is an issue that should be resolved. We hope to have a letter expanding on the issue from the soils engineer with this submittal. In our opinion, the sewer line proposed down the ridge in open space lot 5 is in the best possible location for constructability, and avoidance of protected habitat. If there is a better alignment that we are not seeing, please advise. Additional information has been added to sheet 7, profile of Salk Ave. The vertical curve at the top is 420 feet in length; above the Caltrans min. 418' required for the design speed and 3142 Vista Way, Suite 301 • Oceanside, California 92056 • 760/721-2000 • FAX 760/721-2046 sight distance required for the industrial classification roadway. The revised profile info should preclude the need for a separate exhibit. Thank you for forwarding to us copies of the City responses to the proposed new State Water Quality Requirements. The proposed detention basin as currently designed should provide considerable pollution removal. Additional pollution control measures could potentially be provided within each lot through the use of inlet filters, grass swales, oil-water separators, etc. The current level of design on the tentative map leaves flexibility for the ultimate pollution control measures to be chosen to satisfy the State. It is hoped that if there are any comments on the proposed drainage and detention design, that they would be addressed on the next plan check. Our earthwork analysis contained quantities for bulk, shrink, remedial shrink, etc. A copy of the calcs is included for your use. If you have any concems or comments during the second review, please do not hesitate to call. Sincerely, John Duewel cc: Bob Ladwig - Ladwig Design BUCCOLA ENBINEERINB.Inc. December 19,2000 JN 149-1 Mr. Frank Jimeno City of Carlsbad Public Works 1635 Faraday Ave. Carlsbad, CA 92008 SUBJECT: FOX-MILLER PROPERTY, EL CAMINO REAL SLOPEAVALL CT 00-20 Dear Mr. Jimeno: We are in the process of reviewing your tentative map plan check comments for this project. Per our discussion yesterday, the grading concept along El Camino Real, north of the proposed intersection with Salk Ave., is an issue. With the ongoing assistance of the soils consultant, and Bob Ladwig, we have prepared a preliminary design in consideration of environmental, historical, economic, aesthetic, and engineering factors. We feel that the slope as designed, allowing for minor sight distance corrections, is the best concept. The construction of a crib wall, or other type of retaining wall, would have negative impacts relating to some of the design considerations listed above. A summary of arguments for retaining the current design follows here: • Representatives of the San Diego Natural History Museum have expressed an interest in using the proposed cut slope as an educational viewing area for geology and paleontology. A crib wall constructed here would obstruct the view of the geology/paleontology. • The construction cost of a crib or other type of retaining wall would be excessive, far more than the cost of grading the slope. The grade differential is up to 40 feet in places. • There is plenty of room for the slope, and the overall biological impacts of the proposed development have been minimized. • The aesthetic affect of a planted slope would be very beneficial in comparison with the aesthetics of a wall. While there are types of walls that are plantable, the coverage would be less than that of a planted slope, even taking into account the provisions for unplanted areas for geological/paleontological viewing. • Site earthwork volumes are currently balanced. • State Fish and Game is satisfied with the amount of preservation of sensitive habitat currently shown on the TM without a crib wall. 3142 Vista Way, Suite 301 • Oceanside, California 92056 • 760/721-2000 • FAX 760/721-2046 In light of all of the above, it would seem that the excessive cost of the wall construction would be an unnecessary burden for the developers of the project. The desire to minimize grading, as stated in the plan-check letter, would seem to be outweighed by all of the other negative factors associated with the wall construction. Especially considering the overall impacts of the site design, which have been reduced significantly over time, in response to biological, environmental, open space, and other constraints. We hope to resolve this issue, get a decision, and move ahead with the design when possible. Please call if there are any questions, or if you need additional information to best solve the problem. pcerely, John Duewel cc: Bob Ladwig - Ladwig Design ame<P 18 December 2000 Project No. 0-252-101400 Mr. Dean Miller c/o Fluor Corporation 1 Enterprise Drive Aliso Viejo, CA 92656 RE: Response to City of Carlsbad Review Comments Fox-Miller Property El Camino Real Carlsbad, California REF: AGRA, 2000, Geotechnical Investigation Update, Fox-Miller Property, Adjacent and Southerly of El Camino Real, Faraday Avenue, Carisbad, CAIifornia, Project No. 0-252- 101400, dated July 6, 2000 Dear Mr. Miller: This letter transmits AMEC Earth & Environmental, Inc. (AMEC) response to the City of Carisbad comments (dated 07 December, 2000) regarding our above referenced report for the Fox-Miller Property located adjacent and southwesteriy of El Camino Real and North of Faraday Avenue, Carisbad, California. Based on these coments, we provide a response to items 7 and 8 as follows: Response to Item No. 7: Our report contained a typo in the third full paragraph on page 10. We present the entire full paragraph with the revision in bold as follows: 'The fault in the roadcut and trench T-1 were observed to offset the Point Loma Formation but not the overiying residual soil contact. The age ofthe faulting observed in the trench, therefore, post dates the age of the Cretaceous Point Loma Formation and is older than the presumably Holocene age residual soil. A relative age of the residual soil was difficult to estimate because only an A-C soil horizon was observed. Apparently, the residual soil had not developed on a geomorphically stable surface for a significant period of geologic time to form a B-horizon, which would have been useful in assessing the relative age of the residual soil.' AMEC Earth & Environmental, Inc. 16760 W Bernardo Drive San Diego, CA 92127 Tel (858)487-2113 Fax (858) 487-2357 www.amec.com amecP Mr. Dean Miller Project No. 0-252-101400 18 December 2000 Response to Item No. 8: Please find the following clarification of the first two paragraphs of Section 6.1.4 with the additions in bold as follows: ' All undocumented fill soils, alluvium topsoil, and colluvium not removed by the planned grading should be excavated, moisture-conditioned, and then compacted priorto placing any additional fill, in pad areas, and in areas of proposed improvements. In areas that receive fill or other surface improvements, these soils should be removed down to competent materials and recompacted. The thickness of these soils may vary across the site. In general, however, we anticipate the depth of removals to be on the order of 1 to 5 feet, with localized deeper areas possible. All existing fill, residual soil, alluvium, colluvium, and weathered bedrock should be removed prior to placing any additional fill, in pad areas, and In areas of proposed improvements. The general thicknesses of soil and alluvial deposits at test locations are indicated on the test pit and boring logs.' We appreciate this opportunity to be of service. Should you have questions concerning our report or this letter, please feel free to contact the undersigned. Respectfully submitted, AMEC Earth and Environmental Distribution G. Franzone, Wising Engineer EG 2040 Senior Engineering Geologist David L. Perry, CEG 2040 ^ (2) Addressee (2) Ladwig Design Group, Attention Mr. Bob Ladwig \Ufranzone\5hared\Publlc\Projects-AMEC-AGRA\0252101400 Fox Mlller\ResponseLtr.wpd Page 2 JOHN L. SNYDER DIRECTOR (858) 694-2233 FAX: (858) 268-0461 Count? of ^an ©lego DEPARTMENT OF PUBLIC WORKS 5555 OVERLAND AVE, SAN DIEGO, CALIFORNIA 92123-1295 COUNTY ENGINEER COUNTY AIRPORTS COUNTY ROAD COMMISSIONER TRANSIT SERVICES COUNTY SURVEYOR FLOOD CONTROL WASTEWATER MANAGEMENT December 5, 2000 Mr. Van Lynch Associate Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 PWNNfNG DEPARTMENT City Of :'y/ FOX/MILLER PROJECT The Fox/Miller project located adjacent and west of El Camino Real, south of College Blvd, north of Faraday Ave. and 2500 feet north of McClellan-Palomar Airport does reside outside the 60 CNEL noise contour. However, it is directly under the Airports Flight Activity Zone and subject to continuous over-flight. It is recommended that you refer to the City of Carisbad and the McClellan-Palomar Airport Flight Activity Zone information. The County has no outstanding objection to the project. Thank you for the opportunity to comment and if you have any further questions please contact me at (760) 431-4646. Very truly. JA. Best Airport Manager McClellan-Palomar Airport cc: Mr. Jack Koerper Citv of Carlsbad Planning Department November 30, 2000 Mr. Jack Koerper San Diego Association of Governments Suite 800 401 "B" Street San Diego CA 92101 SUBJECT: FOX/MILLER - CT 00-20 - COMPLIANCE WITH PALOMAR AIRPORT C.L.U.P. The plans for the Fox/Miller property are enclosed for your review. This project is a five (5) lot industrial subdivision and is approximately 53.65 acres in size. The project falls outside the 60 CNEL noise contour within the Palomar Airport influence area. The project is located adjacent and west of El Camino Real, south of College Blvd and north of Faraday Ave. and is 2500 feet north of the Airport. Your written comments concerning the project's conformance with Palomar Airport's Comprehensive Land Use Plan, along with other factors that would assure compatibility with airport operations, are appreciated. It would be helpful if comments were received by December 28, 2000. Should you have any questions, please contact me at (760) 602-4613. Sincerely, Van Lynch Associate Planner VLcs Attachment c: Floyd Best, Airport Manager, 2198 Palomar Airport Rd., Carisbad CA 92008 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.cl.carlsbad.ca.us Citv of Carlsbad Planning Department November 20, 2000 Ladwig Design Group, Inc. Robert Ladwig 703 Palomar Airport Road, Suite 300 Carisbad CA 92009 SUBJECT: GPA 00-05/ ZC 00-07/ CT 00-20/ SUP 00-10/HDP 00-11/ PIP 00-02 - FOX/MILLER PROPERTY Dear Bob: Please find enclosed the Notice of Time Limits original from the Fox/Miller project for your files. Van Lynch Associate Planner VL:cs c: File Copy 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.cl.carlsbad.ca.us Citv of Carlsbad Planning Department November 16, 2000 Ladwig Design Group, Inc. Robert Ladwig 703 Palomar Airport Road, Suite 300 Carlsbad CA 92009 SUBJECT: GPA 00-05/ ZC 00-07/ CT 00-20/ SUP 00-10/HDP 00-11/ PIP 00-02 - FOX/MILLER PROPERTY Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your development applications, application nos. GPA 00-05/ ZC 00-07/ CT 00-20/ SUP 00-10/HDP 00-11/ PIP 00-02, as to their completeness for processing. The zone change and general plan amendment applications are complete, as submitted. The remaining development applications consisting of Tentative Map, Special Use Permit, Hillside Development Permit, and Planned Industrial Permit are deemed to be incomplete. Since the legislative actions (Zone Change and GPA) are being processed concurrently with the quasi-judicial actions, the Tentative Map, Special Use Permit, Hillside Development Permit, and Planned Industrial Permit applications must remain incomplete until the legislative actions are approved by the City Council. Without the Zone change and GPA in place, there are no implementing ordinances to review associated applications against. Staff will continue to concurrently process and take the development applications to the decision-making bodies together and in an order by which the applications can be decided upon. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. Please see the attached list of items. These issues must be addressed before this application can be scheduled for a hearing. The Planning Department will begin processing your application as of the date of this communication. Please contact your staff planner. Van Lynch, at (760) 602-4613, of Frank Jimeno in the Engineering Department at 602-2758, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOLZMILl Planning Director Chris Decerbo Frank Jimeno File Copy Data Entry Planning Aide 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION No. GPA 00-05/ ZC 00-07/ CT 00-20/ SUP 00-10/HDP 00-11/ PIP 00-02 - FOX/MILLER PROPERTY Planning: 1. Please provide an appropriate disclosure statement and add Mission Beach L.L.C. to the map application. The title report shows them having 1/6 interest in the property. 2. Please submit a digital copy of the tentative map submittal pursuant to the application requirements for a tentative map application. 3. Pursuant to the Hillside Ordinance (21.95.140), please provide both written and graphic exhibits to justify the proposed grading in excess of ten thousand cubic feet and slopes in excess of forty feet in height. 4. The Biological Technical Report for the project was completed over two years ago. Please update the report or provide information from the biologist that states that the biological and wildlife conditions remain accurate and current. Does the USFWS California gnatcatcher survey guidelines require seasonal surveys to be performed? ISSUES OF CONCERN Planning: 1. Please add the "Total number of lots proposed" under the general notes or land use summary on the title sheet of the tentative map. 2. Please identify the building on Fermi Court (Sheet 6 of 7) as existing. 3. Please revise the note below the plant palette on Sheet 2 of the Landscape plans to reflect placement of trees within the industrial development rather than residential. 4. Please correct the spelling of paleontology within Section CC on Sheet 3 of 3 of the landscape plan. The landscape corrections can be made together with future landscape comments from the City's landscape consultant. 5. Please review the Hillside Development Guidelines which requires manufactured slopes over twenty feet in height to be contour graded. 6. Please find attached the original signed "Notice of time limits on discretionary applications" for your records. Planning has retained the copy for the project file. Engineering: Project comments from Frank Jimeno in the Engineering Department to follow under separate cover. lcicluiig Design Group, Inc. October 17, 2000 •idSQ DNlNNVld QVaSTdVOdOAllO Michael Holzmiller ««^, . . ,,, City of Carlsbad I I Uj Planning Department 1635 Faraday Avenue C13AI303JJ Carlsbad, CA 92008 RE: FOX/MILLERAPPLICATION FOR TENTATIVE MAP • HILLSIDE DEVELOPMENT PERMIT • SPECIAL USE PERMIT SCENIC CORRIDOR* ZONE CHANGE • GENERAL PLAN AMENDMENT • PLANNED INDUSTRIAL PERMIT AND ENVIRONMENT ASSESSMENT (LADWIG DESIGN GROUP, INC. JOB NO. L-1054) Dear Michael: The exhibits attached to this request are as follows: 1. Tentative Map (10 copies) 2. Landscape Concept Plan (10 copies) 3. Constraints Map including Slope Analysis and Slope Profiles (5 copies) 4. 8*72 xl 1 Landscape Plan (1 copy) 5. 8'/2 x 11 Vicinity/Location Map (1 copy) 6. Environmental Impact Assessment Form with explanation 7. Disclosure Statements 8. Preliminary Title Report (3 copies) 9. Letter fi-om San Diego Natural History Museum 10. Traffic Impact Analysis (2 copies) 11. Preliminary Soils and Geology Report (2 copies) 12. Preliminary drainage report (1 copy each) 13. Photographs of the property and surrounding areas. (1 set) 14. Signed notice of time limits on discretionary applications - original 703 pQlomar Rirport Road • Suite 300 • CQrisbacl. CaliforniQ 92009 (760) 438-3182 FflX (760) 438-0173 Michael Holzmiller October 17, 2000 Page 2 15. Project description (1 copy) 16. Zone change exhibit at I'-SOO' scale along with a color exhibit showing proposed open space (2 copies) 17. Biological Technical Report by Recon (3 copies). 18. Archaeological Study (3 copies) by Recon. 19. 8'/4 x 11 Tentative Map (3 copies) 20. Original application forms for the project. 21. Completed Hazardous Waste Form 22. Two separate checks (Fox & Miller) totaling $18,665.00 based on the following: • EIA (Assume No EIR) $ 1,030.00 • Fish & Game Fee NEG.DEC. (NI) • Hillside Development Permit $1610 x 75% $ 1,207.50 • Special Use Permit (Scenic Corridor) $ 2,090.00 • Tentative Map $ 4,900.00 • Zone change ($3970 x 75%) $ 2,977.50 • General Plan Amendment $ 3,680.00 • Planned hidustrial Permit $ 2.780.00 TOTAL $18,665.00 We ask that you please accept the above as our formal application for the Fox/Miller property in Zone 5. We look forward to a formal written response in 30 days. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:lb.02 Attachments cc: Gordon Fox w/enclosures Dean Miller w/enclosures 703 Polomar Rirport Rood • Suite 300 • Carlsbad, California 92009 (760) 438-3182 FflX (760) 438-0173 f San Diego Natural History Museum Balboa Park • San Uicm Socict\- of Natural Histon- - E.slal->li,shcd 1874 12 October 2000 Mr. Robert Ladwig Ladwig Design Group, Inc. 7-3 Palomar Airport Road, Suite 300 Carlsbad, CA 92009 RE: Paleontology/ Geology Natural Laboratory Site - Carlsbad Dear Bob: RECEIVED f -• •* p or*??* LADWIG CES UN 6R The proposed widening of El Camino Real between Faraday Avenue and College Boulevard offers an opportunity to create a unique educational site in the City of Carlsbad. As discussed below, the site has the potential to become a valuable asset to the City as a natural laboratory where students can study, firsthand, the geology and paleontology of our area. The proposed changes in the road cuts along the west side of El Camino Real will cut into sandstones and mudstones of the Point Loma Formation, an ancient marine sedimentary rock unit that was deposited during the Cretaceous Period approximately 75 million years ago. The Point Loma Formation as exposed by construction activities in the Carlsbad Research Center, along the College Boulevard extension, and on the Terraces at Sunny Creek project has produced an incredible variety of Cretaceous-age fossil remains including shells of oysters, clams, snails, cowries, nautiloids, ammonites, crabs, and sea urchins, and bones and teeth of armored and duckbilled dinosaurs. In fact, the Carlsbad dinosaur fossils, especially the partial nodosaur skeleton recovered during grading of College Boulevard in 1985, represent some of the most complete dinosaur remains ever collected in the state of Califomia. For years, residents as well as local and visiting scientists have explored the road cuts along El Camino Real and collected fossils fi-om the Point Loma Formation. A number of important scientific papers have been published describing the Cretaceous paleontology of this area. These field activities have been done informally and with increasing danger, as traffic has increased. With some planning and slight project changes things could be vastly improved for future educational use of this unique site. As we have discussed, unlandscaped road cuts are a valuable educational resource in the way they reveal the geologic structure buried beneath our feet. They provide opportunities to directly study sedimentary rocks, to see faulting and folding of sedimentary layers, and to see fossils in their natural condition. With this background established, I propose the following plan for enhancing the educational aspects of the site. • Produce a series of four-foot-high vertical cut slopes along the 360'+ section of proposed new road cut north of the intersection of Salk Avenue and El Camino Real (SA & ECR). Discussions with the project geologist suggest that these vertical slopes should be 10 to 15 feet in vddth. Their spacing along the road cut ,0 Post Office Box 121390 . San Diego. California 92112-1390 - Telephone: 619-232-3821 • Fax: 619^232-02^r8 • Web.site: htip:.., \AA\Av..scinhni,org should be as close as structurally feasible (ideally, 15 feet fi-om the north end of one cutout to the south end of the next cutout). • Do not irrigate or plant the vertical cutouts or the areas immediately surrounding them. Ideally, the entire road cut would be left imlandscaped. • Develop a regular maintenance plan for the periodic removal of talus firom the toe of the vertical cutouts. Also design the area immediately adjacent to the toe of slope so that drainage and colluvium will not damage or obscure any proposed improvements. The current road cut in this area is a vertical slope that has been very stable since it was cut in the 1960s. The cemented sandstone and compact mudstone layers in the Point Loma Formation are not prone to landsliding or other forms of catastrophic slope failure. They do erode slowly, however, so it will be important to develop a maintenance plan. • Develop the 500 foot- long section of the old abandoned roadway north of the SA & ECR intersection into an orientation area for fieldtrips complete with signage and perhaps displays that explain the geology and paleontology of Carlsbad. • Construct a series of vertical cutouts along the old road cut, similar to those constructed along the new road cut. Currently, the old cut is overgrown slope should be re-graded in this area to expose the Cretaceous sedimentary rocks. Obviously, this is a preliminary plan, but I hope that it presents the main elements of what can be a natural laboratory at this unique site. The City of Carlsbad has the opportunity to create am educational resource that can be used by residents for years to come. If you have any questions or comments, please call me at (619) 232-3821, ext 232 or email me at tdemere@sdnhm.org. Sincerely, Thomas A. Demere, Ph.D. Curator and Chairman, Department of Paleontology September 2,1998 Idaa ONiNNVid Qvasiyvo dO Alio 0003 i \ 130 aaAiaoay Mr. Bob Ladwig Ladwig Design Group, Inc. 703 Palomar Airport Road, Suite 300 Carlsbad, CA 92009 Reference: Fox ftoperly Archaeology Study (RECON Number 3028A) r~~i'Kir,T'j;iK^:r,r;rtnT Dear Mr. Ladwig: This letter presents the results of a cultural resource record search for the Fox Property located in the city of Carlsbad. Our scope of work for this study called for the review of site records for the area including and surrounding the subject property, within a radius of one mile. Cultural resource information searches were conducted at the South Coastal Information Center (SCIC) at San Diego State University and at the San Diego Museum of Man (SDMM). The purpose of the current search was to update die cultural information for this property that was originally obtained in 1989. The record searches were completed and indicate that there are no cultural resource locations recorded within or immediately adjacent to the Fox Property. Copies of the record search letters are enclosed. The project area is located on a portion of coastal terrace upland that is bounded by El Camino Real on the east and north, with Letterbox Canyon along the south and west The cunent study is supplementary to a previous investigation of the Fox Property conducted in 1989 by Sue A. Wade of RECON (Wade 1989). The 1989 investigation indicated that no cultural resources are present within the Fox Property (see enclosure). The SCIC indicates that cultural resource sites have been recorded along Agua Hedionda Creek, which is situated below the Fox Property. The nearest resource location is approximately one-tenth of a mile from the subject property. Two others are located slightly mote than one-tenth of a mile from the Fox Property. The local site location trend is for archaeological sites to be concentrated within the larger drainages such as Agua Hedionda Creek and the unnamed but large drainage to the southwest. The subject property appears to have offered no resources to the prehistoric inhabitants,pf the region that could not be found in greater abundance or quality elsewhere. The results of the SCIC record search are mirrored by the search conducted at the SDMM, which also indicates that there are no cultural resources recorded on the Fox Property. The SCIC search also included a review of historic maps of the study area. According to this review there are no historic-era activities indicated within the Fox Property boundaries. Here again the focus of historic activity seems to have been drawn away from Letterbox Canyon and the Fox Property. Based on the negative results of the 1989 field investigation and the results of the current site record review which support the prior negative result, no additional cultural resource investigations are reconmiended or required. 4241Jutland Drive, Suite 201 San Diego, CA 92117-3653 619 / 270-5066 fax 270-5414 RECEIVED SEP 0 3 1938 I AO'IIG DESIGN 6R Mr. Bob Ladwig Page 2 September 2,1998 If there are any questions regarding the contents of this report, please contact Dayle Cheever or me at (619)270-5066. Sincerely, lussell O. CoUett Project Archaeologist ROC:sh Enclosures Reference Cited Wade, Sue A. 1989 Letter re: Archaeological and Paleontological Constraints for the Fox Property. RECON. September 13. FEC0N Regional Environmental Consultants Sq)tcmbcr 13,1989 Mr. Bob Ladwig Rick Engineering Company 1959 Palomar Airport Road. Suite 200 Carlsbad, CA 92009 Reference: Archaeological and Paleontological Constraints for the Fox Property (RECON Number 2078A) Dear Mr. Ladwig: V Archival and field investigations for cultural resources were conducted for the Fox property (Figures 1 and 2). No cultural resources were discovered as a result of the investigations and no further cultural resource studies are necessary. Paleontological resources were discovered during the field survey (an unidentified species of mollusca, order bivalvia). Because paleontological resources are investigated through excavation, grading for the project can beneficially incorporate paleontological explorations. Therefore, the presence of these resources is not considered to be a constraint on project development The City of Carlsbad will probably require a monitoring program to mitigate unpacts to the paleontological resources. Recommendations for paleontological monitoring are included below. Background Infonnation Record Searches were conducted at the San Diego Stete University South Coastal Infonnation Center and the San Diego Museum of Man. The following information regarding the cultural background is based on these records, as well as records housed at RECON. The project lies in the area surrounding Agua Hedicmda Lagoon, an area which contains many prehistoric archaeological remains. These sites are the maimal r^ains of the prehistoric peoples who subsisted on the plentiful natural resources associated with the lagoons from approximately 9,000 years before die present until aft^ the arrival of the Spanish in the 1700s. Several main village sites have been located nearby, including the Kelly Springs site less than one mile to the west, five camp sites on tbe south shore of Agua Hedionda Lagoon, several shell scatters on the Carlsbad Research Center property adjacent on the west and south, five camp sites located on the Robertson Ranch approximately one mile to the north, and a large village site, associated temporary camp sites, and historic ranch site on the Del Mar Financial property to the northeast The large number of cultural resources located in close proximity to the project property supports the probability diat cultural resources would be located on the project property. The project property lies within a large pared that was surveyed for cultural resources in 1973 (Fuik 1973). One prehistoric site was located on the ridge overlooking Letterbox Canyon on the west Two isolates were found on the ridges to the south. These resources are not located on the current property and impacts to the sites were mitigated as a part of development of Carlsbad Research Center. During graduig activities at Carlsbad Research Center, adjacent to the Fox property, numerous fossils were recovered from the blue gray mudstone subsoils. Materials collected included gastropods, bivalves, and matrix slabs containuig fish scales. These collections produced an important group of well-preserved and previously unknown cretaceous invertebrate fossils. It is probable that these fossiliferous soils extent onto the Fox property. , RECEIVED SEP 0 3 m jjpIB DESIGN GR J 1276 Morena Boulevard • San Diego. CA 92110-3815 • (619) 275-3732 • FAX (619) 271 1/ 9099 M TnihRtropi . RrntiqdalR. AZ 85251 • (602) 947-8042 3050 Chicago Avenue • Riverside, CA 92507 • (714) 784-9460 FIGURE 1. THE LOCATION OF THE PROPOSED PROJECT RELATIVE TO THE COUNTY OF SAN DIEGO. -.REC0N, -v::iV;^^<^'•^•.^v//:;| FIGURE 2. PROJECT LOCATION ON U.S.G.S. 7.5 MINUTE TOPOGRAPHIC MAPS. SAN LUIS REY AND ENCINITAS QUADRANGLES ;FECCDN Mr. Bob Ladwig -2- September 13,1989 Field Investigations An on-foot survey of the Fox propaty was conducted on September 1, 1989 by RECON archaeologists Sue A, Wade and Russell CoUett The entire property was surveyed with the exception of tiie extremely steep slopes between tiie ridge tops and tiie drainage bottoms. These areas are too steep to be likely locations for human use. The property consists of three ridges which project to the north from the mesa where Palomar Airport is located. The property has been in agriculture and tiie ridge contours have been somewhat modified. Annual grasses cover the majority of the ground surface with occasional open areas created by vehicle tracks, rod^t activity, and remains of soil testing activities. Although the visability was somewhat restricted, the disturbances noted above allowed an adequate assessment of the surface. Fragments of fossil sheU were coUcctcd on the southwest slopes of the high knoU on the eastern portion of tiie property. The fragments were coUectcd approximately midway down tiie slope from erosional riUs. Four fragments of moUusk bivalve were coUected. Two are highly mineralized and two have less mineral content Chips of hard^cd mudstone were observed in association witii the sheU fragments. Recommendations As a result of tiie investigations, no cultural materials v/eat located. However, paleontological resources were found during tiie survey and significant fossil remains have been coUected adjacent to the property. It is probable that significant paleontological resources exist on tiie property. Development of the property could adversely impact these resources unless a monotoring program is implemented. The City of Carlsbad generally requires a ptogam similar to the foUowing: 1. Review of grading plans to identify paleontologicaUy sensitive areas that wiU be impacted. 2. Attendance at pre-grading meetings to obtain tiie grading schedule and meet witii contractors. 3. Monotoring of grading in paleontologicaUy sensitive areas and collect fossil specimens. 4. Preparation and arrangement for curation of fossils collected during grading. 5. Preparation of a report describing tiie results of tiie paleontological study. Completion of tiiese measures would constitute mitigation of impacts to paleontological resources which would occur as a result of the project grading. No further measures would be necessary. Please contact me, if you have any questions regarding the archaeological or paleontological resources. Sincerely, Sue A. Wade Project Archaeologist SAW:db Attachments Reference Cited Fink, Gary R. 1973 Archaeological Survey of tiie Proposed Letterbox C^yon Landfill Site. Project 556401 •.ir l.iHji.Hi -lull- HiilVi.'I'.lly South Coastal Information Center Social Science Research labofototy College of Arts and letters 5500 Campanile Drive SnnOiegoCA 9?182"I537 619-594-5682 FAX: 619'594-1358 CALIFORNIA HISTORICAL RESOURCES INFORMATION SYSTEM SITE FILES RECORD SEARCH Source of Request: Date of Request: Dale Request Received: Project lUcntincalion: RLCON - Dayle Cheever June 15, 1998 June 16, 1998 Fox Property (3028A) 0 The South Coastal Information Center historical files show NO recorded sites within the project area nor within one mile of the project boundaries. (X) The South Coastal Information Center historical files show recorded site location(s) within the projected area and/or within one mile of the project. Project maps have been reviewed. The bibliographic material for reports in your project area and/or within one mile have been included. The historic maps on file at the South Coastal Information Center have been reviewed as have the National Register, State Landmarks, and Points of Historic Interest. If there are historic properties noted in those materials, in your area, the information has been included. Archaeological/Historic Site check: CLM Project Map/Bibliographic check: CLM Historic check: CLM Date: June 23,1998 Date: June 22, 1998 Date: June 23, 1998 0 3 m t 6R THE CAIIFORNIA STATE UNIVERSITY • Boketslield. Qionnel Islands • Chico > Dominguez Hills • Fresno • Fulleilon • Hoywonl • Humboldt. long Beoch. los Angeles. AAotilime Academy Monleiey Boy • Noilhtidge > Pomona • Sauomento > San Bernardino. San Diego. San Fiantisco • San Jose • San luis Oliispo • Son Morcos • Sonomo. Stanislaus San Diego Museum of Man REPORT ON ARCHAEOLOGICAL SITE FILES RECORD SEARC Source of Request: Name of Project: Date of Request: RECON - Dayle Cheever Fox Property - Job #3028A 15 June 1998 I^ECEiVED RECON Date Request Received: 16 June 1998 The Record Search for the above referenced project has been completed. sites located within or in the vicinity o f the project area: W-122 W-123 W-128 W-310 W-52I W-558 W-600 W-601 W-1202 W-1203 W-1326 W-1788 W-1892 W-1893 W-2526 W-2527 W-2730 W-2805 [thru] W-2807 W-2834 W-2835 W-3133 W-3255 W-3293 W-3327 W-3389 [thru] W-3391 W-4684 W-5921 W-6628 W-6632 W-6738 W-6980 Bibliographic information is enclosed for the following reports on archaeological environmental impact studies conducted within or in the vicinity of the project area: EIS-240 EIS-714 EIS-1548 EIS-328 EIS-862 EIS-413 EIS-957 EIS-523 EIS-982 EIS-544 EIS-1344 This Record Search is based only on information contained in the files of the San Diego Musetun of Man, Archaeological site records and/or environmental impact studies pertaining to the project area may exist in other repositories. Record Search prepared by: Date of Record Search: Grace Johnson 17 June 1998 RECEIVED SEP 0 3 \m mm DESIGN 6R 1350 El Prado, Balboa Park. San Diego, Califomia 92101, 619-239-2001, FAX 619-239-2749 An educational, non-profit corporation founded in 1915 collecting for posterity and displaying the life and history of mankind. J-/l