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HomeMy WebLinkAboutCT 97-13; Carlsbad Oaks North; Tentative Map (CT) (6)Federal Aviati Administration Western Pacific Regional Office PO Box 92007-AWP-520 Los Angeles, CA 90009-2007 Aeronautical Study No. 2004-AWP-3544-OE Issued Date: 9/3/2004 MR. PAUL TCHANG TECHBILT CONSTRUCTION CORPORATION 3575 KENYON STREET SAN DIEGO, CA 92110 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has completed an aeronautical study under the provisions of 49 U.S.C., Section 44718 and, if applicable, Title 14 of the Code of Federal Regulations, part 77, concerning: Structure Type: Building Location: CARLSBAD, CA Latitude: 33-5-4.15 NAD 83 Longitude: 117-8-41.31 Heights: 35 feet above ground level (AGL) 832 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking and/or lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance with FAA Advisory Circular 70/7460-1 70/7460-1K. This determination expires on 3/3/2006 unless: (a) extended, revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed , as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. Page 1 This determination conce:, the effect of this structure .1 the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. A copy of this determination will be forwarded to the Federal Communications Commission if the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at (310)725-6559. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2004-AWP-3544-OE. (Signature Control No: 390816-308122j (DNE) Ronald Guyadeen Specialist Page 2 Federal Aviati Administration Western Pacific Regional Office PO Box 92007-AWP-520 Los Angeles, CA 90009-2007 Aeronautical Study No. 2004-AWP-3546-OE Issued Date: 9/3/2004 MR. PAUL TCHANG TECHBILT CONSTRUCTION CORPORATION 3575 KENYON STREET SAN DIEGO, CA 92110 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has completed an aeronautical study under the provisions of 49 U.S.C., Section 44718 and, if applicable, Title 14 of the Code of Federal Regulations, part 77, concerning: Structure Type; Location: Latitude: Longitude: Heights: Building CARLSBAD, CA 33-4-32 .67 NAD 83 117-9-3.55 35 feet above ground level (AGL) 881 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking and/or lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance with FAA Advisory Circular 70/7460-1 70/7460-1K. This determination expires on 3/3/2006 unless-. (a) extended, revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed , as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. Page 1 This determination conce^ the effect of this structure n the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. A copy of this determination will be forwarded to the Federal Communications Commission if the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at (310)725-6559. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2004-AWP-3546-OE. iSignature Control No: 390820-3081241 (DNE) Ronald Guyadeen Specialist Page 2 Federal Aviat. . Administration Western Pacific Regional Office PO Box 92007-AWP-520 Los Angeles, CA 90009-2007 Issued Date: 9/3/2004 MR. PAUL TCHANG TECHBILT CONSTRUCTION CORPORATION 3575 KENYON STREET SAN DIEGO, CA 92110 Aeronautical Study No. 2004-AWP-3545-OE RECO SEP - 9 2004 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has completed an aeronautical study under the provisions of 49 U.S.C., Section 44718 and, if applicable, Title 14 of the Code of Federal Regulations, part 77, concerning: Structure Type: Building Location: CARLSBAD, CA Latitude: Longitude: Heights: 33-4-48.06 NAD 83 117-8-40.27 35 feet above ground level (AGL) 1071 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking and/or lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance with FAA Advisory Circular 70/7460-1 70/7460-1K. This determination expires on 3/3/2006 unless: (a) extended, revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed , as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. Page 1 This determination conce: the effect of this structure n the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. A copy of this determination will be forwarded to the Federal Communications Commission if the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at (310)725-6559. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2004-AWP-3545-OE. ISignature Control No: 390818-308123| (ONE) Ronald Guyadeen Specialist Page 2 Federal Aviation Administration Western Pacific Regional Office PO Box 92007-AWP-520 Los Angeles, CA 90009-2007 Aeronautical Study No. 2004-AWP-3543-OE RECD SEP • 9 2004 Issued Date: 8/16/2004 MR. PAUL TCHANG TECHBILT CONSTRUCTION CORPORATION 3575 KENYON STREET SAN DIEGO, CA 92110 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has completed an aeronautical study under the provisions of 49 U.S.C., Section 44718 and, if applicable, Title 14 of the Code of Federal Regulations, part 77, concerning: Structure Type: Location: Latitude: Longitude: Heights: POINT 1 CARLSBAD, CA 33-5-4.12 NAD 83 117-9-15.17 35 feet above ground level (AGL) 632 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking and/or lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance with FAA Advisory Circular 70/7460-1 70/7460-1K. This determination expires on 2/16/2006 unless: (a) extended, revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed , as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. Page 1 This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. A copy of this determination will be forwarded to the Federal Communications Commission if the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at (310)725-6559. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2004-AWP-3543-OE. jSignature Control No: 390806-297173] (ONE) Ronald Guyadeen Specialist Page 2 Federal Aviation Administration Western Pacific Regional Office PO Box 92007-AWP-520 Los Angeles, CA 90009-2007 Issued Date: 9/8/2004 MR. PAUL TCHANG TECHBILT CONSTRUCTION CORPORATION 3575 KENYON STREET SAN DIEGO, CA 92110 Aeronautical Study No. 2004-AWP-3547-OE REC'D SEP - 9 2004 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has completed an aeronautical study under the provisions of 49 U.S.C., Section 44718 and, if applicable, Title 14 of the Code of Federal Regulations, part 77, concerning: Structure Type: Building Location: CARLSBAD, CA Latitude: 33-4-50.18 NAD 83 Longitude: 117-9-14.24 Heights: 35 feet above ground level (AGL) 769 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking and/or lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance with FAA Advisory Circular 70/7460-1 70/7460-1K. This determination expires on 3/8/2006 unless: (a) extended, revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed , as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE .EXPIRATION DATE. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. Page 1 This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. A copy of this determination will be forwarded to the Federal Communications Commission if the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at (310)725-6559. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2004-AWP-3547-OE. Signature Control No: 390823-308918 (ONE) Ronald Guyadeen Specialist Attachment(s) Frequency Data Page 2 Frequency Data for ASN 2004-AWP-3547-OE LOW HIGH FREQUENCY ERP FREQUENCY FREQUENCY UNIT ERP UNIT Page 3 Mailing Address P.O. Box 80036 San Diego, CA 92138 FAX (619) 223-2865 October 12,2004 Techbilt Construction Corp. 3575 Kenyon St. San Diego, CA 92110 Telephone (619) 223-1663 Ms. Anne Hysong City of Carlsbad 1635 Faraday Ave. Carlsbad, CA92008 SUBJECT: Carlsbad Oaks North Paleontologist contract Dear Anne: Enclosed is for your information is a copy of our contract with the San Diego Natural History Museum for Paleontology monitoring services during grading. If you have any questions, please contact me. Sincerely, Techbilt Construction Corp. Ted Tchang TT:tt Enclosures PROPOSAL TO CONDUCT PALEONTOLOGICAL MITIGATION FARADAY AVENUE EXTENSION 2004 - 2005 CITY OF CARLSBAD for TECHBILT CONSTRUCTION CORP. 3575 Kenyon Street San Diego, CA 92110 by Department of Paleontological Services San Diego Natural History Museum P.O. Box 121390 San Diego, CA 92112-1390 8 October 2004 SCOPE OF WORK The San Diego Natural History Museum will: PROVIDE the necessary qualified personnel, equipment, and material to conduct paleontological monitoring during grading of the Faraday Avenue Extension project. The project director will be Dr. Thomas A. Demere, Department of Paleontological Services, San Diego Natural History Museum. SALVAGE significant fossil remains, as they are uncovered. DOCUMENT the stratigraphic and geologic context of salvaged fossil remains. WEAR red vests and hard hats at all times during fieldwork. PROVIDE a certificate of liability insurance in the amount of $2,000,000. TRANSPORT all fossil material collected on the project to the San Diego Natural History Museum. CARRY-OUT initial preparation, sorting, and identification of collected fossil material. CATALOG & STORE all collected and prepared fossil material. ATTEND required meetings (including pre-construction meetings) or conferences concerning the project. PREPARE a final report summarizing the results of the mitigation program. This report will include a discussion of methods employed, fossils recovered, geologic context of fossil remains, and significance of mitigation program. COMPLETE the project in a timely manner. Techbilt Construction Corp. will: PROVIDE necessary permission and access to the property. PROVIDE base maps of subject property suitable for field locating of fossil finds and for the final report. DONATE catalogued fossils to the San Diego Natural History Museum. ASSUMPTIONS The bulk of the grading for this project will involve cuts into weathered granitic rocks of the Southern California Batholith. The magmatic origin of these rocks indicates that they have no paleontological resource potential. However, the westernll portion of the grading will be in sedimentary rocks of the Lusardi Formation, which does have a potential for producing significant paleontological resources. The duration of this portion of the grading is estimated here at 30 days. The field time has been broken down into monitoring and salvage. Monitoring involves looking for unearthed fossils, while salvage involves recovery of fossils. Often these two activities coincide. Occasionally, however, a discovery site will require a more extended salvage and the assistance of an additional field person (estimated here at 8 days). Screenwashing is included as a separate salvage activity as it involves processing of selected sedimentary matrix samples for the recovery of small, and sometimes microscopic, fossil remains (estimated here at 8 days). The preparation portion of the proposal is designed to complete the mitigation program. Getting the fossils out of the ground is only the first step. They then have to be removed from their enclosing rock matrix and stabilized so that they can be placed into a scientific institution for permanent storage and/or display. Previous mitigation projects in the San Diego area have shown that, on average, preparation time equals approximately 40% of monitoring time. Cataloging and storage represent the final phases of mitigation and results in production of a specimen inventory of recovered fossils and permanent storage of the collection at the Museum. The Museum then assumes cost and responsibility for conserving these fossils in perpetuity. The uncertainty of fossil salvage should be stressed, since even with careful planning the true significance of a site cannot be known until after the earthwork is well underway. It is in this spirit of uncertainty that the not-to-exceed figure is proposed. In some cases, as the earthwork proceeds, it may be determined that full-time monitoring is unwarranted due to a lack of unearthed fossil material. In these instances the monitoring time will be cut back accordingly. Salvage and preparation activities are also tied to fossil productivity (no fossils, no salvage or preparation) and as such, the amount of time spent on these tasks will vary from project to project. In this light, the only fixed costs are those related to field monitoring and final report preparation. UNIQUE FIND In the event that grading activities turn up an exceptionally "rich" fossil discovery (such as a partial dinosaur skeleton), the above described monitoring and salvage program may have to be supplemented. This would occur if the salvage and preparation of such an unique find would expend more than 12% ($3,700) of the proposed budget. As the nature of this contract is straight time and materials, any supplemental billing will be at the same rates as given above. METHOD OF PAYMENT The San Diego Natural History Museum will bill Techbilt Construction Corp. monthly for time and materials. Techbilt Construction Corp. Date San Diego Natural History Museum Date BUDGET The cost of the mitigation program described above shall not exceed for time and materials. Field time Monitoring 1 person full time Salvage 1 person as needed full-time Field Supervision 1 person as needed part-time Screenwashing 1 person as needed full-time Preparation & Duration Fossil Preparation 1 person at full-time Fossil Curation 1 person at full-time Storage As needed Final Report Preparation Report Preparation 1 person full-time Report Preparation 1 person full-time Report Production 1 person full-time Project Manaqement Mileaqe Supplies Meetings 1 person part-time Project Manaqement 1 person part-time Contract Assistant/Management 1 person part-time amount estimated Rate $47.00 $47.00 $60.00 $47.00 $47.00 $47.00 $110.00 $80.00 $60.00 $50.00 $80.00 $80.00 $50.00 $0.36 per 8 8 2 8 8 8 10 8 8 4 2 1 1 80 hours cu. ft. hours hours week week 30 8 6 8 10 6 2 3 2 1 9 9 $31,049.20 days Subtotal field days Subtotal lab days Subtotal report day weeks Subtotal management miles 44 days Total Total $11,280.00 $3,008.00 $720.00 $3,008.00 $18,016.00 $3,760.00 $2,256.00 $1,100.00 $7,116.00 $1,280.00 $1,440.00 $400.00 $3,120.00 $160.00 $720.00 [ $450.00 $1,330.00 $1,267.20 $200.00 $31,049.20 PROPOSAL TO CONDUCT PALEONTOLOGICAL MITIGATION CARLSBAD OAKS NORTH PHASE 1 CITY OF CARLSBAD for TECHBILT CONSTRUCTION CORP. 3575 Kenyon Street San Diego, CA 92110 Department of Paleontological Services San Diego Natural History Museum P.O. Box 121390 San Diego, CA 92112-1390 8 October 2004 SCOPE OF WORK The San Diego Natural History Museum will: PROVIDE the necessary qualified personnel, equipment, and material to conduct paleontological monitoring during grading of Phase 1 of the Carlsbad Oaks North project site. The project director will be Dr. Thomas A. Demere, Department of Paleontological Services, San Diego Natural History Museum. SALVAGE significant fossil remains, as they are uncovered. DOCUMENT the stratigraphic and geologic context of salvaged fossil remains. WEAR red vests and hard hats at all times during fieldwork. PROVIDE a certificate of liability insurance in the amount of $2,000,000. TRANSPORT all fossil material collected on the project to the San Diego Natural History Museum. CARRY-OUT initial preparation, sorting, and identification of collected fossil material. CATALOG & STORE all collected and prepared fossil material. ATTEND required meetings (including pre-construction meetings) or conferences concerning the project. PREPARE a final report summarizing the results of the mitigation program. This report will include a discussion of methods employed, fossils recovered, geologic context of fossil remains, and significance of mitigation program. COMPLETE the project in a timely manner. Techbilt Construction Corp. will: PROVIDE necessary permission and access to the property. PROVIDE base maps of subject property suitable for field locating of fossil finds and for the final report. DONATE catalogued fossils to the San Diego Natural History Museum. ASSUMPTIONS The bulk of the grading for this project will involve cuts into weathered granitic rocks of the Southern California Batholith. The magmatic origin of these rocks indicates that they have no paleontological resource potential. However, a small portion of the grading will be in sedimentary rocks of the Santiago Formation, which does have a strong potential for producing significant paleontological resources. The duration of this portion of the grading is estimated here at 35 days. The field time has been broken down into monitoring and salvage. Monitoring involves looking for unearthed fossils, while salvage involves recovery of fossils. Often these two activities coincide. Occasionally, however, a discovery site will require a more extended salvage and the assistance of an additional field person (estimated here at 8 days). Screenwashing is included as a separate salvage activity as it involves processing of selected sedimentary matrix samples for the recovery of small, and sometimes microscopic, fossil remains (estimated here at 6 days). The preparation portion of the proposal is designed to complete the mitigation program. Getting the fossils out of the ground is only the first step. They then have to be removed from their enclosing rock matrix and stabilized so that they can be placed into a scientific institution for permanent storage and/or display. Previous mitigation projects in the San Diego area have shown that, on average, preparation time equals approximately 40% of monitoring time. Cataloging and storage represent the final phases of mitigation and results in production of a specimen inventory of recovered fossils and permanent storage of the collection at the Museum. The Museum then assumes cost and responsibility for conserving these fossils in perpetuity. The uncertainty of fossil salvage should be stressed, since even with careful planning the true significance of a site cannot be known until after the earthwork is well underway. It is in this spirit of uncertainty that the not-to-exceed figure is proposed. In some cases, as the earthwork proceeds, it may be determined that full-time monitoring is unwarranted due to a lack of unearthed fossil material. In these instances the monitoring time will be cut back accordingly. Salvage and preparation activities are also tied to fossil productivity (no fossils, no salvage or preparation) and as such, the amount of time spent on these tasks will vary from project to project. In this light, the only fixed costs are those related to field monitoring and final report preparation. METHOD OF PAYMENT The San Diego Natural History Museum will bill Techbilt Construction Corp. monthly for time and materials. Qi) £^-^"~~^ ^> (0\\\jo<-\ Techbilt Construction Corp. Date San Diego Natural History Museum Date BUDGET The cost of the mitigation program described above shall not exceed for time and materials. Field time Monitoring 1 person full time Salvage 1 person as needed full-time Field Supervision 1 person as needed part-time Screenwashing 1 person as needed full-time Preparation & Curation Fossil Preparation 1 person at full-time Fossil Curation 1 person at full-time Storage As needed Final Report Preparation Report Preparation 1 person full-time Report Preparation 1 person full-time Report Production 1 person full-time Proiect Management Mileage Supplies Meetings 1 person part-time Project Management 1 person part-time Contract Assistant/Management 1 person part-time amount estimated Rate $47.00 $47.00 $60.00 $47.00 $47.00 $47.00 $110.00 $80.00 $60.00 $50.00 $80.00 $80.00 $50.00 $0.36 per 8 8 2 8 8 8 8 8 8 4 2 1 1 80 hours cu. ft. hours hours week week 35 8 8 6 14 8 2 3 3 1 12 12 $35,244.80 days Subtotal field days Subtotal lab days Subtotal report day weeks Subtotal management miles 51 days Total Total $13,160.00 $3,008.00 $960.00 $2,256.00 $19,384.00 $5,264.00 $3,008.00 $880.00 $9,152.00 $1,280.00 $1,440.00 $600.00 $3,320.00 $160.00 $960.00 $600.00 $1,720.00 $1,468.80 $200.00 $35,244.80 11/08/2004 MON 10:46 FAX HlOOl/009 Techbilt Construction Corp. Mailing Address P.O. Box 80036 San Diego, CA 92138 FAX (619) 223-2865 November 8,2004 3575 Kenyon St. San Diego, CA 92110 Telephone (619) 223-1663 Ms. Anne Hysong City of Carlsbad 1635 Faraday Ave. Carlsbad, CA92008 SUBJECT: Carlsbad Oaks North Native American monitoring agreement Dear Anne: Enclosed for your information is a copy of the signed Native American Pre-Excavation Agreement. If you have any questions, please contact me. Sincerely, Techbilt Construction Corp. TT:tt Enclosure Faxed to 760-602-8559 Ted Tchang 11/08/2004 MON 10:47 FAX il002/009 PRE-EXCA VATION AGREEMENT CARLSBAD OAKS NORTH PROJECT I. PARTIES The parties to this Agreement are the San Luis Rey Band of Luiseno Mission Indians, ("San Luis Rey Band") and the Pala Band of Luiseno Indians ("Pala Band") (hereinafter collectively "Tribes") and Techbilt Construction Corp., a California Corporation ("Owner"). The San Luis Rey Mission Indian Foundation ("Foundation") is a party to this Agreement only with respect to Sections XIII and XV of this Agreement and section IV of Addendum 1 to this Agreement. II. SUBJECT MATTER This Agreement concerns a project known as the Carlsbad Oaks North Specific Plan which encompasses the Faraday Road Extension and Sewer line improvements, located in Carlsbad, California (_Project_). The Project is more particularly described in that certain Final Environmental Impact Report- Carlsbad Oaks North (SP 211/EIR 98-08/GPA 97-05/CT 97- 13/HDP 97-10/SUP 97-07/LFMPA-16) (_EIRJ ^ those other permits and approvals located at the City of Carlsbad. Owner has an interest in only that portion of the Project known as the Carlsbad Oaks North Specific Plan and this Agreement shall be restricted to Owner's property and Owner's activities within the overall Project. By execution of this Agreement, Owner shall not assume any responsibility or liability outside its ownership or control. The San Diego County Medical Examiner's Office will be provided a copy of this Agreement. The City of Carlsbad Planning Department, Lead Agency which is responsible for environmental compliance of this Project, will also be provided a copy of this Agreement. ffl. PURPOSE The purpose of this Agreement is to formalize procedures for the treatment of Native American human remains, grave goods, ceremonial items and any other significant or intact Native American cultural items, in the event that any are found in conjunction with development of the Project. This Agreement also formalizes procedures for Native American monitoring activities for the Project. This agreement applies to all phases of the Project development, including archaeological studies, investigations and data recovery, and the initial grading at the Project. This Agreement is entered into in furtherance of the protection of Native American cultural resources, consistent with the California Environmental Quality Act ("CEQA") and applicable California law. This Agreement is effective as of the date of the signatures below. IV. CULTURAL AFFILIATION The Tribes believe in good faith that the Project area consists of land which has been traced to and traditionally occupied by one or both of the Tribes. Any Native American human Techbilt/Carlsbad Oaks North Project Pre-Excavation Agreement 16466-3/2000686.2 10/15/04 11/08/2004 MON 10:47 FAX i]003/009 remains which are found in conjunction with the development of this Project shall be treated in accordance with Section VIII of this Agreement. Any cultural items found shall be treated in accordance with Section IX of this Agreement. Nothing herein, however, shall be the basis for a claim of the Tribes' ownership of the real property, as distinguished from Native American human remains and Native American cultural resources. V. PROTECTION OF SITES AND PROJECT AREA The Project area encompasses numerous archaeological sites, including those seven sites found to be significant by the Project Archaeologist: SDI-2776, SDI-5231, SDI-9,701, SDI- 16,048 (Temp 1), SDI-16,049 (Temp 2), and SDI-16,054 (Temp 8). The Parties acknowledge that the gravity flow sewer system will not be used, and as a result Sites 9,701 and 16,052 shall remain undisturbed and within a preserved open space area. The Owner agrees that grading, excavation and other Project construction and ground disturbing activities has been planned in such a manner as to disturb as little of the significant sites as feasible, consistent with the Project approvals. The parties acknowledge that Project approvals require other interests, such as development areas, public utilities, street alignment, and endangered and protected species protections must be accommodated as well. Such planning would also include staging and storage of construction equipment in areas other than those within the boundaries of a significant site. VI. MOST LIKELY DESCENDANT In the event that Native American human remains are found during development of this Project, it is understood by all parties to this Agreement that the determination of Most Likely Descendant (_MLD_) under California Public Resources Code § 5097.98, will be made by the Native American Heritage Commission ("NAHC"), upon notification of the discovery of human remains of Native American origin at the Project site. Until that time, neither the Tribes nor the Owner guarantees that the Tribes, or one of their members, will be so named. The Tribes believe that, when and if such human remains are discovered in the Project site, given the location of the site and the history and prehistory of the area, Henry Contreras, or another member of the San Luis Rey Band, or Leroy Miranda, or another member of the Pala Band, will be named MLD. It has been agreed to by the Tribes, and will be relayed by the Tribes to the NAHC, that, if designated by the NAHC, the Pala Band will serve as the MLD and will coordinate and consult with the San Luis Rey Band. Likewise, if designated by the NAHC, the San Luis Rey Band will serve as the MLD and will coordinate and consult with the Pala Band. Should it be determined by the NAHC that a member of an Indian Tribe other than the Tribes is the MLD, the provisions of this Agreement relating to the treatment of Native American remains shall be null and void in their entirety; however, in such an event, the provisions of Addendum 1 to this Agreement, which is fully severable, shall continue in full force and effect. Techbilt/Carlsbad Oaks North Project Pre-Excavation Agreement 16466-3/2000686.2 10/15/04 11/08/2004 MON 10:47 FAX i|004/009 The Owner shall immediately contact the Medical Examiner, the Tribes, and the City of Carlsbad, in the event that any human remains are discovered during any stage of the implementation of the Project. The Owner shall request that the Medical Examiner provide notification to the NAHC, as required by California Public Resources Code § 5097.98(a). VIII. TREATMENT AND DISPOSITION OF REMAINS In the event Native American remains are found during development of the Project, and the Tribes are, or a member of the Tribes is, determined to be the MLD, the following provisions shall apply. The Tribe identified as the MLD, or whose member is identified as the MLD, shall be allowed, under California Public Resources Code § 5097.98(a), to: 1. Inspect the site of the discovery, and 2. Make prompt determinations as to the appropriate treatment and disposition of the Native American human remains, associated grave goods and cultural items. The designated Tribe shall complete its inspection within twenty-four (24) hours of receiving notification from the Owner, City of Carlsbad or the NAHC. All parties agree to discuss in good faith what constitutes "appropriate dignity," as that term is used in the applicable statutes. Reburial of human remains shall comply with California Public Resources Code §§ 5097.98(a) and (b) and any other applicable law, rule, or ordinance of any governmental agency with jurisdiction over the Project area. The designated Tribe shall be fully responsible for the prompt disposition and treatment of Native American human remains. All parties are aware that the designated Tribe may wish to rebury the Native American human remains, grave goods or cultural items, if any are discovered, on or near the site of their discovery, in an area which will not be subject to future disturbances or development over a prolonged period of time. The Owner agrees to allow on-site reburial, subject to compliance with all applicable laws, rules, or ordinances of any governmental agency with jurisdiction over the Project area provided such location and reburial process does not unreasonably prevent or delay the Project. Prior to any reburial, the Owner and the designated Tribe will identify a mutually acceptable area of the Project for the reburial. Any and all permits, authorizations or approvals for reburials shall be at the Tribes' expense. The term "human remains" encompasses more than human bones, because Luisefio traditions call for the ceremonial burning of human remains and animals. Ashes, human remains and associated grave goods, including but not limited to animal bones and other remnants from burning ceremonies found with human remains, are to be treated in the same manner as human bones or human bone fragments that remain intact. Owner agrees to include in any contracts or agreements for archaeological services the obligations to cooperate and comply with this Agreement, including the obligation to avoid any invasive testing if reasonably possible. As the archaeologist is an independent contractor, Owner Techbilt/Carlsbad Oaks North Project Pre-Excavation Agreement 16466-3/2000686.2 10/15/04 11/08/2004 MON 10:48 FAX El 005/009 shall have no direct liability for archaeologist's conduct, but shall be cooperative in enforcing the terms and provisions of its contract or agreement with the archaeologist. Should any entity other than the Tribes possess the remains, even temporarily, such entity shall request permission from the Tribes to conduct any testing beyond taking measurements, documenting the find, and cataloging. IX. TREATMENT OF CULTURAL ITEMS Treatment of Native American grave goods and cultural items will reflect the traditional religious beliefs and practices of the Tribe identified as the MLD. To the extent permitted by the EIR or the applicable laws, rules, regulations or ordinances of any governmental agency with jurisdiction over the Project, the Owner agrees to allow all Native American cultural items discovered at the Project to be returned to the Tribes for appropriate treatment, subject to limited archaeological cataloguing as described below. The Tribes have agreed between them that all cultural items shall be returned to the San Luis Rey Band for their care and disposition on behalf of both Tribes. The Owner waives any and all claims to ownership of Native American cultural items in favor of the Tribes. If temporary possession of cultural items by an entity or individual other than the Tribes (for example, an archaeologist retained by the Owner) is necessary, that entity or individual shall not possess those items for longer than is reasonably necessary. The Owner's archeologist shall maintain contact with the Tribes' designated representative regarding the status and progress of the cataloging of any cultural items found. The Owner shall request its archeologist to catalog all found items in a prompt manner. The items shall be returned under the provisions of this paragraph within 20 days of the completion of cataloging. The Tribes shall each be provided with a copy of the Archaeological Report and list of artifacts prepared for the Project and shall be afforded the opportunity to comment on such report before it is finalized. X. NON-DISCLOSURE OF LOCATION OF REBURIALS It is understood by all parties to this Agreement that unless otherwise required by law, the site of any reburial of Native American human remains shall not be disclosed by Owner or by any third party, except as may be necessary for the future protection and maintenance of the area successors in interest of that area. The Medical Examiner will be asked to withhold public disclosure of information related to such reburial pursuant to the specific exemption set forth in California Government Code § 6254(r). XI. WORK STATEMENT FOR NATIVE AMERICAN MONITORS The description of work for Native American monitors of the archaeological data recovery and the initial grading operations at the project site is attached hereto as Addendum 1, and incorporated herein by reference. Addendum 1 specifies the geographical area over which the monitoring shall be conducted, the size of the monitoring crew, the limited authority of the monitoring crew, and provisions for compensation of the Native American monitor. XII. SUCCESSORS AND ASSIGNS Techbilt/Carlsbad Oaks North Project Pre-Excavation Agreement 16466-3/2000686,2 10/15/04 11/08/2004 MON 10:48 FAX il006/009 This Agreement shall be binding upon and inure to the benefit of the heirs, successors, executors, administrators, and assigns of the parties, including subsequent land owners and Owners of the Project area, and to any person or entity obligated to comply with environmental and cultural/archaeological protection laws applicable to the Project. XIII. INDEMNITY & INSURANCE Pursuant to Section IV of Addendum 1 to this Agreement, the Tribes and the Foundation shall refer appropriate Native American monitors for the Project. Any Native American monitor shall be the agent or employee of the Tribes and/or the Foundation, and under no circumstances, shall be considered or become an agent, employee or representative whatsoever of the Owner. Due to the potential for loss by Owner due to the nature of the Native American monitors scope of employment, the Tribes and the Foundation shall indemnify, defend and hold harmless the Owner from any and all claims, demands, losses, costs, damages, lawsuits or judgments arising out of the negligent act or omission, or intentional misconduct of the Native American monitors it refers. The Tribes shall each maintain comprehensive general liability, property damage, contractual indemnity and bodily injury insurance in the amount of not less than $1 million per occurrence, and workmen's compensation insurance if required by law, throughout the term of this Agreement and name Owner as an additional insured. Such policies shall cover the Native American monitors' activities on the Project. Prior to any on site Project monitoring activity, the Tribes shall provide Owner a current certificate of insurance or other evidence demonstrating that the required coverage extends to the Native American monitor's conduct on the Project site and that such coverage names the Owner as an additional insured. XIV. SEVERABILITY Should any part of this Agreement be found by any court or agency of competent jurisdiction to be, to any extent, invalid or unenforceable, the remainder of the Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. XV. CONSIDERATION In consideration of, and contingent upon the Owner's compliance with the requirements and promises contained in this Agreement, the Tribes and the Foundation on its own behalf and on behalf of its members, and the Pala Band agree to forgo legal action, not arising out of this agreement, which could impede the development of the Carlsbad Oaks North Project. Provided further, as a material element of consideration to Owner, the Tribes and Foundation hereby consent to the jurisdiction of the State of California Superior Courts in and for San Diego County in connection with any action to enforce this Agreement or any claims or matter arising in connection with its performance. Techbilt/Carlsbad Oaks North Project Pre-Excavation Agreement J6466-3/2000686.2 10/15/04 11/08/2004 MON 10:48 FAX i]007/009 XVI. NO PRECEDENT This Agreement is unique to the Carlsbad Oaks North Project only, and does not set a precedent for other projects. XVII. COUNTERPARTS This Agreement may be signed in two or more counterparts, and will be effective when all the parties and signatories have affixed their signatures to two or more of the counterparts, and have been delivered to all parties, at which time the counterparts together will be deemed one original document. Each of the signators hereto warrant and represent he or she has the requisite legal authority to bind the party and execution of this Agreement has been duly authorized. San Luis Rey Band of Luiseno Mission Indians By:_ Russell Romo Tribal Captain Dated: Foundation Techbilt Construction Corp., a California corporation By: Ted Tchang Its: Vice President Dated: San Luis Rey Mission Indian By: Carmen Mojado Secretary Dated: Pala Band of Mission Indians By: Robert Smith Tribal Chairperson Dated: TechbilfCsrlsbadOaks North Project Pre-Excavalion Agreement 16466-3/2000686.2 10/15/04 11/08/2004 MON 10:48 FAX ®008/009 ADDENDUM 1 CARLSBAD OAKS NORTH PROJECT NATIVE AMERICAN MONITORING OF ALL GRADING AND GROUND-DISTURBING ACTIVITIES I. SPECIFICATIONS Given the nature and sensitivity of the archaeological sites and cultural resources that are in or may be in the Project area, the Project conditions of approval have required Native American monitoring during the Project data recovery and grading within the boundaries of the Project area. While the exercise of this power is unlikely, the designated Native American monitor is empowered to temporarily stop or relocate these Project activities in the immediate area of a cultural resources find, allowing the Project activities to continue within the remainder of the Project. Any stops or relocations of the Project activities by the designated Native American monitor shall be (i) coordinated with the on-site Project superintendent; and (ii) shall be only as necessary to allow protection or removal of the Native American human remains, associated grave goods or significant or intact Native American cultural items. Work stoppages by the Native American monitor in excess of 3 hours shall be after concurrence with the Project Archaeologist, provided, however, that work in the stoppage area may not resume until the Archaeologist has had the opportunity to review the find and discuss it with the Native American monitors. The Parties acknowledges that nothing in this Agreement lessens their obligations under the Public Resources Code. Regarding grading activities, a pre-grading conference shall be held with the City of Carlsbad and the Owner to clarify archaeological and Native American monitoring specifications with the grading contractor and/or Project manager and the grading inspector of the jurisdiction in which the Project site is located. The Tribes or their designated Native American monitor shall be invited to participate in this conference. In addition to the Native American monitor, the designated Native American monitor may observe during archaeological recoveries, as specified in the EIR. The archaeologist shall assist in identifying and/or ascertaining the significance of any subsurface Native American cultural resources and in consulting with the Native American monitor. A written schedule of all the Project archeological recovery and grading activities will be submitted by the Owner to the Native American monitor at least one week in advance of the commencement of these activities. II. PROJECT TO BE MONITORED Monitoring shall occur within Carlsbad Oaks North Project as further detailed in the Carlsbad Oaks North Specific Plan (SP 211/EIR 98-08/GPA 97-05/CT 97-13/HDP 97- 10/SUP 97-07/LFMPA-16) ("Project area"). Techbilt/Cartsbad Oaks North Project Pre-Excavation Agreement 16466-3/2000686.2 [0/15/04 11/08/2004 MON 10:49 FAX 0009/009 It is agreed that monitoring will be allowed for all archaeological recovery and initial grading activities occurring in the development, within the site areas noted above. III. PROJECT CREW SIZE The Parties to this Pre-Excavation Agreement anticipate the need for a Native American monitoring crew consisting of one (1) person. The-Tribes will decide between themselves which Tribe will send Native American monitors to monitor a particular Project activity. Regardless of which Tribe(s) participate in monitoring, the number of Native American monitors shall not exceed one (1) person. Any additional monitoring will be subject to the same terms and conditions, including compensation, as set forth herein. If Native American human remains are found, coordinating the reburial of those remains, grave goods and cultural items will be conducted in accordance with Sections VIII and IX of the Pre-Excavation Agreement. IV. COMPENSATION On behalf of the Tribes, the San Luis Rey Mission Indian Foundation will act as contact point for the Owner for referral of an appropriate Native American monitor for the Project, i.e., monitors familiar with the cultural resources of the area. The designated Native American monitor shall be an independent contractor of the Tribes and Foundation s and not employees, agents, representatives or contractor of Owner. The Tribes and Foundation recognize that dangerous conditions can exist on the work site, particularly during the grading operations, and the Tribes will inform the Foundation and the Native American monitor of these dangers, and also that the Native American monitor must assume responsibility for the safety of the Native American monitor and compliance with all health, safety laws and regulations, including on-site job rules and regulations. The Owner shall provide compensation to the Foundation for the designated Native American monitor at the rate of $35.00 per hour. A minimum three (3) hours (_show up_ time) will be charged to the Owner for unannounced work stoppages of Native American monitor which are not due to actions of the Tribes or of the Native American monitor. The Foundation will invoice Owner and include with such invoice a complete time record for the designated Native American monitor, showing the site(s), date(s), and hours of actual monitoring. The Tribes will invoice Owner not more frequently than monthly, and the Owner will promptly pay all invoices. The designated Native American monitor shall be required to check in, and check out, with the on site job superintendent each day of monitoring activities. Owner has no responsibility for on-site transportation or any other equipment utilized by the monitor. Techbilt/Carlsbad Oaks North Project Pre-Excavation Agreement 16466-3/2000686.2 10/15/04 Fax No. (619) 223-2865 Telephone No. (619) 223-1663 TECH CONTRACTORS 3575 Kenyan Street San Diego, CA. 92110 October 8, 2004 Ms. Anne Hysong City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 RE: CARLSBAD OAKS NORTH/FARADAY AVE. PROJECT Dear Anne: Mailing Address P. O.Box 80036 San Diego, CA. 92138 Please find enclosed for your use a copy of our contract with Brian F. Smith & Associates for archaeological mitigation dated 12/17/03 as pertains to the above referenced project. We have also enclosed a copy of Aeronautical Study No. 2004-AWP-3544-OE completed by the Federal Aviation Administration on 9/3/04. We trust this information fulfills your needs. If we can offer any further clarification or assistance in this matter, please don't hesitate to contact the undersigned. Very truly yours, TECH CONTRACTORS By: Tech Construction Corp. Ted Tchang, Vice Presid :ph Ends. Brian F. »mith & Associates Archaeological/Historical/Paleontological Consulting RECEIVED DEC 16 fcKfl December 10, 2003 Ted Tchang Tech Construction Corporation 3575 Kenyon Street San Diego, California 92110 Re: Carlsbad Oaks North / Faraday Avenue Archaeological Mitigation Program, Revised Proposal Dear Mr. Tchang: The archaeological mitigation program for Carlsbad Oaks North / Faraday Avenue /Agua Hedionda Sewer Project will require various tasks to be completed as part of the conditions of approval. The basic elements of the archaeological mitigation program were presented in the technical report we prepared in 2002, as well as cultural resources sections presented in the project EIR. Basically, five significant prehistoric sites are present within the areas to be impacted by the development (Faraday Avenue extension, Agua Hedionda sewer construction, or the grading of the lots for Carlsbad Oaks North). The five significant sites are all located within the corridor for Faraday Avenue Extension, and the construction of this road will be the primary source of the adverse impacts to significant cultural resources. Because the potential impacts are significant, measures are needed of mitigate the impacts to a level below significant. These measures include the recovery of a sufficient level of information and artifacts to exhaust the research potential of the sites and permit the grading of the sites. The mitigation program will fall into three main elements: (1) preparation of a research design to be submitted to and approved by the City of Carlsbad; (2) data recovery programs for significant sites to be impacted by development; and (3) monitoring of grading for archaeology and paleontology. The following proposal will include a scope of work and budget for all three elements of the mitigation program, which are summarized below. For this revised proposal, I have changed the sampling design to utilize fewer test units for the initial indexing of the important sites and more units for the focused excavations in the areas of greatest importance. The net consequence of this revision is still the mitigation of impacts; however, this will be accomplished with fewer test units overall but a higher number of units in the central portions of the sites. The foundation for any data recovery is to exhaust the research potential of the site, and the design focused more on the central elements of the sites rather than the indexing of the outer areas of the site will accomplish the goal of exhausting the research potential of the sites. This revision of the design and plan will result in the reduction of the cost of mitigation field work by nearly 30%. Mitigation Program: (1) Preparation of the Research Design: Prior to the initiation of any field investigations, a research design document must be presented to the City of Carlsbad which outlines the mitigation program to be used to reduce the significant impacts. This research design will list the research questions that will be pursued during the study, the level of effort required to achieve the mitigation levels required by the City, the methods to be employed to recover the targeted samples, and the types of analyses to be used to enhance the interpretation of the sites. 14010 Poway Road, Suite A, Poway, California 92064; Phone (858) 484-0915 or (909) 681-9950; Fax (858)679-9896; www.bfsa-ca.com Business Office: 14678 Ibex Court, San Diego, California 92129 Page 2 — Brian F. Smith and Associates (2) Data Recovery Program: The archaeological evaluation program completed for the project EIR identified five cultural resources that are important and will be directly impacted by the grading of the development. Two other significant sites were located off-site on the proposed corridor of the gravity sewer alignment for Agua Hedionda Sewer, but this alignment was not selected for the project. The sites included in the mitigation program include: (1) SDI-2776 (2) SDI-5231 (3) SDI-16.048 (4) SD1-16.049 (5) SDI-16.054 To mitigate the potential impacts, measures have been proposed to exhaust the research potential of these resources through the implementation of a data recovery program. The data recovery process has been described in the Cultural Resources Management Plan presented in the archaeological evaluation report (Tuma and Smith 2002). The data recovery program will focus upon the recovery of a statistical sample of each important resource to be impacted. Samples will be comprised of a series of standard archaeological test units and block excavations. Each site to be investigated has a specified level of sampling that must conform to the City's Archaeological Guidelines to qualify for the data recovery effort. This level of sampling must be completed prior to the grading of the individual sites. All artifacts gathered from the data recovery excavations must be subjected to standard laboratory analysis and cataloging processing. More specific descriptions of the data recovery program are provided in the following pages. (3) Archaeological and Paleontological Monitoring of Grading: Grading of the proposed development must be monitored to detect any archaeological or paleontological deposits that might be uncovered. BFSA has the unique asset of having experts in both archaeology and paleontology in-house, and has monitors who are qualified to conduct archaeological and paleontological monitoring simultaneously. One monitor to cover both disciplines will obviously same money during the monitoring process. During monitoring, any cultural resources (either archaeological or paleontological) that are uncovered and which have not been previously identified must be subjected to a brief recording and evaluation program. If such deposits are determined to be significant, emergency mitigation may be required. A more detailed discussion of the mitigation monitoring program is provided below. The most significant element of the mitigation process is the data recovery program. The scope of work for the data recovery program is provided below by site, and is based on the data recovery plan presented in the archaeology technical report included in the EIR. Scope of Work — Data Recovery Program Data Recovery Program In accordance with CEQA (Section 15064.5) and the guidelines of the City of Carlsbad, the sites that have been evaluated as important which will be adversely impacted by the proposed project will require mitigation measures in the form of avoidance and/or data recovery programs to reduce the significance of potential impacts. In order to reduce impacts to a level below significant, data recovery programs will be necessary at those sites that are important and will be impacted. The data recovery program must include adequate subsurface samples of the significant deposits. Special studies, including radiocarbon dating, faunal analysis, obsidian hydration and sourcing, and flake attribute analysis, shall be conducted to exhaust the research potential of the site areas to be impacted. The recovered materials should be treated according to standard archaeological procedures—each specimen should be cleaned, cataloged, and analyzed, and a technical report will be prepared in accordance with professional archaeological standards and guideline requirements. Page 3 — Brian F. Smith and Associates Methodology A plan for a program to carry out the necessary data recovery procedures is presented below. The program is consistent with the policies and guidelines of the City of Carlsbad and with the Advisory Council on Historic Preservations's Ideal Data Recovery Program. In order to mitigate potential impacts to the sites in accordance with CEQA, and also to retrieve the data needed to comply with City guidelines, a sample of the site areas to be impacted (i.e., the limits of impacts) will be required. The governing parameters to be used to determine the level of the sampling will be the redundancy of the recovered artifacts and the research potential of the site. Field Methods The data recovery program will focus upon the excavation of test units measuring one meter square to a minimum depth of 50 centimeters. If cultural materials are present beyond this depth, the excavation shall continue until one sterile level is exposed. The units will be excavated in controlled, ten-centimeter levels. All removed soils will be sifted through 1/8-inch mesh hardware cloth. If a source of water is available near the areas of excavation, all soils from test units will be transported to a wet screen staging area where soils will be hydroscreened. This method is considered a superior method to separate artifacts and ecofacts from the soil matrix and to maximize recovery. All artifacts recovered during the screening process shall be properly labeled with provenience information in the field, and subsequently subjected to standard laboratory procedures of washing (if appropriate) and cataloging. The excavation of the units will be documented with field notes, illustrations, and photographs. At the conclusion of the test unit excavations, backhoe trenches may be excavated to investigate the site(s) further and search for any unusual features or artifact concentrations. When a backhoe is used, the methodology to be followed shall include: • All trenches must be excavated under the supervision of the project archaeologist. • All trenches must be mapped, measured, photographed, and sketched. • Periodic screening of the excavated material from the trenches will be conducted. • Provenience data for all screened soil shall be recorded. Based on data from the backhoe trenches, the data recovery program could be expanded to focus upon features or unique deposits that differ from the materials already studied. Any features which are discovered during the archaeological excavations shall be exposed through careful hand-excavation. Additional test units may be needed to fully expose the features, which will then be recorded by sketching and photography. Any datable materials found in association with discovered features shall be collected for radiocarbon dating. If obvious datable samples cannot be found at the sites in the data recovery program, then several bulk soil samples may be collected and processed in an attempt to date the deposits. At each site, column samples will be taken to permit microanalysis of midden contents. The columns will measure ten centimeters square, and will conform to the walls of selected completed test units to the bottom of the deposit. All of the soil from the column will be collected, and not screened in the field. The samples will be returned to the laboratory for analysis. In addition, during hand excavation, special attention will be given to the identification of lithic tools found in situ and their potential for residue analysis. When possible, such tools will be bagged separately, thereby excluding them from the wet- screening process. A sample of the surrounding soil will be collected to serve as a control sample, should the artifact be chosen for pollen, phytolith, and blood residue analyses. Page 4 — Brian F. Smith and Associates The scope of work for the individual sites in the data recovery program is described below for each site. Included in this description is the listing of the number of test units to be utilized to achieve the sampling levels required by the City of Carlsbad. (1) Site 2776 This site is a large prehistoric seasonal camp situated on a terrace near the main drainage on the project. The site is affiliated with the late prehistoric Luiseno Indians, based on artifacts recovered from the site. The archaeological site measures 210 feet by 435 feet, with cultural materials recovered from depths of 90 centimeters. The overall archaeological deposit measures 3,783 square meters. The sampling program for the site will focus on a uniform indexing of the significant areas of the site. • Moderate Significance Rating for SDI-2776 • Size of Significant Subsurface Deposit —3,783 square meters • Phase 1 — 1% sample of 38 test units • Phase 2 — 10% sample of 40 test units in the area stratified as high potential based on the results of the Phase I test results, although this total will vary depending on the stratification of the subsurface deposit into areas of greater research potential. • A third phase of mitigation sampling is likely at SDI-2776, as this site is considered a candidate for intense artifact deposits or substantial subsurface features. A final sample sized of 10% of the area of greatest potential or features is recommended, with a total of 20 test units allotted for the focused recovery effort. • Total proposed sample size for data recovery — 98 square meters, representing approximately 6% of the areas of greatest research potential and an overall site sample of 2.5%. (2) SDI-5231 This site is a widely dispersed prehistoric camp located on two knolls and an intervening swale in the southwestern portion of the project. A total of 843 artifacts were recovered from the site, in addition to the ecofacts and charcoal. The site encompasses an area of 800 feet by 260 feet, with a subsurface deposit measuring 580 feet by 280 feet and reaching a depth reaching 40 centimeters. Artifacts recovered indicate a late prehistoric occupation. The area of the subsurface deposit is approximately 15,045 square meters. For the mitigation program, the sampling program for the site will focus on a uniform indexing of the significant areas of the site. • Moderate Significance Rating for SDI-5231. • Size of Significant Subsurface Deposit — 12,075 square meters. • Phase 1 — .5% sample of 72 test units. • Phase 2 — 4% sample of 40 test units, although this total will vary depending on the stratification of the subsurface deposit into areas of greater research potential. • Total proposed sample size for data recovery — 112 square meters, representing approximately 2.5% of the areas of greatest research potential. • A third phase of mitigation sampling is not likely at SDI-5231, as this site is not considered a candidate for intense artifact deposits or substantial subsurface features. (3) SDJ-J6.048 This site is a large prehistoric seasonal camp that is tentatively projected as representative of the Page 5 —• Brian F. Smith and Associates Late Prehistoric Period. The site measures 435 feet by 175 feet, and is characterized by a dispersed scatter of artifacts with some examples of fire-affected rocks. The subsurface expression at the site included evidence of deposits covering an area of 525 feet by 180 feet, reaching depths of 60 to 100 centimeters. The subsurface deposit covers an area of 7,797 square meters. Within the deposit, the testing program identified three areas of concentrated cultural materials that will likely yield a wide variety of artifacts. • Moderate Significance Rating for SDI-16,048. • Size of Significant Subsurface Deposit — 7,797 square meters. • Phase 1 — .5% sample of 40 test units. • Phase 2 — 5% sample of 44 test units, although this total will vary depending on the stratification of the subsurface deposit into areas of greater research potential. • A third phase of mitigation sampling is likely at SDI-16,048, as this site is considered a candidate for intense artifact deposits or substantial subsurface features. The third phase of work will include 20 test units to recover materials from areas of concentrated deposition or features. • Total proposed sample size for data recovery — 104 square meters, representing approximately 8% of the areas of greatest research potential and 1.3% of the overall archaeological deposit. (4) SDI-16.049 This site is a prehistoric camp with a sparse surface scatter of artifacts but a large subsurface deposit. The site contains an expansive, subsurface component that measures approximately 265 feet by 250 feet; however, many large bedrock outcrops are present which reduce the volume of the archaeological deposit. The area of the deposit is approximately 4,949 square meters, but the actual deposit is closer to 2,980 square meters when the bedrock outcrops are removed from the area calculation. The deposit of artifacts reaches depths of approximately 80 centimeters. The artifact recovery from the testing program was not extensive, but the variety of materials indicates a wide spectrum of activities took place at the seasonal camp. • Moderate Significance Rating for SDI-16,049 • Size of Significant Subsurface Deposit — 2,980 square meters • Phase 1 — 1% sample of 25 test units • Phase 2 — 10% sample of 32 test units, although this total will vary depending on the stratification of the subsurface deposit into areas of greater research potential. • Total proposed sample size for data recovery — 58 square meters, representing approximately 7% of the areas of greatest research potential and 2.1% of the total deposit. • A third phase of mitigation sampling is not likely at SDI-16,049, as this site is not considered a candidate for intense artifact deposits or substantial subsurface features. (5) SDI-16.054 This site is a large Late Prehistoric camp situated on ridge overlooking the main drainage through the project. The site consists of numerous features dispersed over a wide area represented by knolls with extensive bedrock boulders and outcrops. The site includes scattered surface artifacts and features and subsurface deposits that encompass an area of approximately 375 feet by 158 feet, with a subsurface deposit of 100 feet by 83 feet The subsurface deposit achieved a depth of Page 6 — Brian F. Smith and Associates 80 centimeters. Like SDI-16,049, this site has a moderate quantity of artifacts in the recovery collection, but a wide variety of artifact types • Moderate Significance Rating for SDI-16,054 • Size of Significant Subsurface Deposit — 750 square meters • Phase 1 — 1.5% sample of 11 test units • Phase 2 — 5% sample of 10 test units, although this total will vary depending on the stratification of the subsurface deposit into areas of greater research potential. • Total proposed sample size for data recovery — 21 square meters, representing approximately 3.0% of the areas of greatest research potential. • A third phase of mitigation sampling is not likely at SDM 6,054 , as this site is not considered a candidate for intense artifact deposits or substantial subsurface features. Laboratory Analysis All of the materials recovered from the field excavations will be subjected to standard laboratory analysis. Artifacts may be washed, if necessary, to permit proper identification. The artifacts will be sorted and cataloged, including counts, materials, condition, weight, provenience, and unique artifact identification numbers. The lithic artifacts recovered from the project will be subjected to analysis which will include recordation of critical measurements and weight, and inspection for evidence of use wear, retouch, patination or stains. The recovered flakes (or a representative sample) will be subjected to an analysis of attributes such as size, condition, type, termination, and material. The attribute analysis will include the flake collections recovered during the testing program. Non-lithic materials, such as ecofacts (shell and bone), shall be subjected to specialized analyses. The shell will be cataloged by species and weight of recovery per level. The bone material will be weighed and subsequently submitted for specialized faunal analysis. The laboratory analysis of the column samples will include flotation procedures to remove seeds and other microfaunal remains from the soil, followed by the screening of the remainder through a 1/16-inch mesh sieve. The recovered materials, such as fish bone or seeds, will be sorted and subjected to further analysis. Other specialized studies which will be conducted if the appropriate materials are encountered during the data recovery program will include marine shell species identification, faunal analysis, otolith analysis (for seasonality), oxygen isotopic analysis (also for seasonality), radiocarbon dating, obsidian sourcing and hydration, and blood residue and phytolith studies. These specialized studies are briefly described below: (a) Shell Analysis The recovery of shell is likely at sites within the project. Analysis of the shell would include the speciation of all shell fragments collected. The shell will be recorded by weight, and will include a count of hinges to determine the minimum number of individuals represented by the recovery. (b) Fauna! Analysis Prehistoric food bone has been documented at most of the sites within the project Any bone material recovered during the data recovery program should be analyzed by a faunal expert to identify species, types, age, and evidence of burning or butchering. The prehistoric bone recovery will provide information concerning diet, activity areas within the sites, the habitats exploited, and methods of processing. Page 7 — Brian F. Smith and Associates (c) Radiocarbon Dating This dating technique will be attempted at all of the sites to be included in the data recovery program. The radiocarbon dating will be useful in conjunction with the stratigraphic recovery of cultural materials to establish the chronology of the sites. Therefore, the collection of samples for dating should be based on the presence of diagnostic artifacts, features, or geological strata delineations. In conjunction with the research topics, any possible opportunities to delineate parts of sites into Late Prehistoric and Archaic periods will be advanced through the use of dating. (d) Blood Residue Studies Organic residue on lithic artifacts may be useful in the determination of the species of animals represented by the residue. However, the use of blood residue studies is necessarily dependent upon the identification of such residues on artifacts. The detection of blood residue must be made prior to any washing of artifacts, or the residue samples will be lost. (e) Isotopic Profiles The analysis of Oxygen-18 isotopic profiles from shells may be used to determine the season during which the shells were collected. This process measures the ratio of isotopes of oxygen, which is determined by water temperature. A minimum of five shells shall be used in this analysis, particularly if no other means of determining seasonally can be utilized. (f) Obsidian Hydration and Sourcing Any recovered obsidian artifacts will be submitted to a specialist to determine the source of the lithic material. The obsidian shall also be analyzed to produce hydration readings, which may then be used to provide relative dates for the use of the artifacts. (g) Pollen and Phytolith Residue Analysis The research objectives of this program are focused upon the cultural differences of the subsistence patterns of the Luiseno Indians and the La Jolla Complex. The analysis of organic residue on tools such as manos and scrapers could hold the key to discerning the focus of each culture's subsistence pattern. Every attempt should be made to conduct this type of analysis on materials from the sites in the data recovery program. Curation All of the prehistoric cultural materials recovered from the project, including those from the testing program, shall be eventually returned to the Luiseno Indian representatives (San Luis Rey Band) under an agreement with the project ownership and the Native American representatives. Native American Consultation Local Native American representatives shall be contacted and included as part of the mitigation program. Native American monitoring will be required at all times that archaeological excavations are underway. A pre-excavation agreement should be made with the local Native American representatives. This agreement will describe the procedures to be invoked in the event any human remains are encountered or items of sacred or religious significance are discovered. Provisions-for the Discovery of Human Remains The possibility exists that human remains may be discovered during the data recovery programs, although no human bone material was identified during the testing program. In the event that human burials are encountered, standard procedures for such discoveries will be implemented, including notification of the San Diego County Coroner's Office, the City of Carlsbad, and the Native American Heritage Commission in Sacramento, and Luiseno representatives. Field work will be discontinued in the area of any such discovery. The Native American representative and the City of Carlsbad will be consulted to determine a preferred course of action, and the burial will be treated accordingly. Page 8 — Brian F. Smith and Associates Fee Proposal for Mitigation Program The mitigation of adverse impacts to cultural resources will be achieved through the implementation of a data recovery program. Data recovery will be conducted by excavating standard one-meter-square test units to recover sufficient levels of cultural materials to compensate for the destruction of archaeological sites within the development area. The calculation of a budget for the data recovery process will be based on a unit cost per test unit. The number of test units for each site has been represented in the EIR as attributable to the requirements listed in the City of Carlsbad's archaeological guidelines for data recovery programs. The actual number of test units excavated during the data recovery program is somewhat dependent on the levels of recovery, as the number of units could be reduced if the area of the subsurface deposits is smaller than estimated, or increased in the areas expand or the intensity of the deposit increases substantially. For this budget projection, the number of test units stipulated in the City's guidelines for data recovery for each of the sites to be impacted will be used for the unit price extension. A total of 392 test units will be needed for the data recovery program at Sites (1) SDI-2776, (2) SDI- 5231, (3) SDI-16,048, (4) SDI-16,049, and (5) SDI-16,054. Using a unit fee of $500.00 per test unit typically covers the labor needed to hand excavate a standard test unit, screen the soil and recover any itigatipn Tasksi Units JRate i Total Cost (1) Prepare and submit ResearchDesign.to the City i \ $1,500.00 (2) Data Recovery Program ; ; : Pre-excayation Agreement with Luisenp i : i $500.00 Construct Wet-Screen Operation j | j $5,000.00 Fieldwprk1392 Test Units $500.pO/unit; $196,000.00 Fieldwprk - Backhpe; trenchingI | ; $5,000.00 Laboratory Analysis- General : i TJBD* j Special Labpratory Studies i Ji $10,000.00 Preparation of Collections for Curatipn J i j $5,000.00 Graphics (Site Maps, IIlustrations) i ; : $6,000.00 Research : ! ! $3,500.00 Report Preparation j ; i $8,500.00 Miscellaneous Charges .(Copy, mileage, materials) j i $3,000.00 Native Arnerican Monitoring j i TBD* ; (3) Mitigation^Monitoring Program i ; ; Archaeological Monitoring \ TBD ; $42.0p/hqur j TBD Palepntplogical Monitpring i TBD : $42.pO/hpur : TBD Dual Arch/Palep Monitoring | TBD i $65.00/hour I TBD Estimated Budget for Mjtigadon^Prpgrarn^_^^_J_^^ __ .__^.^ ^^ _ ^^.._ -^-_ ^ ?24S0Q°-_00-.. *TBD — To Be Determined Page 9 — Brian f. Smith and Associates artifacts present, bag and label all artifacts by provenience, and send the recovery to the laboratory for cataloging. While the budget will be estimated in Table 1, the actual invoicing will be based on hourly rates listed in Table 2. Use of hourly rates in a time and material billing process will keep charges in line with actual time spent on the project. For this proposal, the laboratory analysis for artifacts recovered from the field excavations has not been factored into the budget, as the quantity of materials that may be recovered is unknown. Once the field work is completed, a subsequent budget entry will be presented that will cover the analysis of the recovered artifacts. Entries for some of the other laboratory work has been included based on the types of special analyses typically used for projects of this scope. Radiocarbon dating, residue analysis, and obsidian hydration dating have been given a budget based upon projects of similar size and scope. An entry has also been included for the archaeological and paleontological monitoring of grading. The rates listed for the monitoring include an archaeologist or paleontologist, or a dual monitor who is qualified as both an archaeological and paleontological monitor. Wherever possible, a dual monitor will be used to save costs where otherwise two individuals would be needed. Any meetings or public hearings which require my attendance will be billed on an hourly basis, at a rate of $90,00 per hour, in addition to the budget total listed in Table 1. Mileage will be charged at a rate of $0.40 per mile. Any materials needed to expedite or complete the field work process will be included in our billing at cost. Invoices will be submitted monthly based on the hours worked and billed according to the rates listed in Table 2. PAYMENT TERMS: Bills shall be rendered complete by the 10th of each month, to be paid by the 10th of the following month. Table 2 General Schedule of Hourly Rates Individual/Position Base Hourly Rates Archaeological Consultant .... $90.00 Principal Archaeologist .... $65.00 Field Supervisor ..... $50.00 Historian ....... $50.00 Archaeologist — Field Archaeologist - Level 1 . . . $28.00 Archaeologist — Field Archaeologist - Level 2 . . . $35.00 Archaeologist — Laboratory Supervisor .... $45.00 Archaeologist — Laboratory Assistant .... $28.00 Graphics . . . . . . $35.00 Word Processing/Data Entry ..... $28.00 Schedule The field investigations must be completed prior to the grading of sites. However, the City will typically accept a letter clearing certain sites for grading before all sites are finished and prior to the completion of the laboratory analysis, if the consulting archaeologist will verify that the field excavations are complete and complied with the mitigation requirements. Because of the length of time that will be necessary to complete the archaeological excavations, sites will be prioritized to coincide with the grading process. As the mitigation process at each site is completed, the City of Carlsbad will be notified by letter to release the sites for grading. It is anticipated that the excavation of all 393 test units will require four to five months to complete, depending upon the size of the field crew. We can adjust the length of the schedule to meet the needs of the grading program by adding crew members to the field team. If grading is Page 10 — Brian F. Smith and Associates planned for any time in the next few months, the archaeological mitigation program should begin as soon as possible in order to clear the areas targeted first for grading. The base budget for the archaeological mitigation program is $244,000.00, with the laboratory analysis still to be added to the project costs, as well as Native American monitoring of the archaeological excavations, and archaeological and paleontological monitoring during grading. The possibility exists that the City may review our research design and perhaps have a third-party review to determine the adequacy of the mitigation proposal, and subsequently request hat he sample sizes be increased to recovery a larger sample of the sites. Any changes to the program required by the City may affect the cost and scope of the recovery effort. The potential exists that features, deposits, or even human burials may be encountered that will require an expansion of the data recovery effort, which may in turn affect the budget. Should any circumstances arise that will affect the budget for this program, you will be notified immediately. During our efforts, representatives from San Luis Rey Band will be present to monitor our work. Any charges that may be generated by the Native American monitors will be reimbursable. We are prepared to begin the data recovery process at any time. We will require access to water on the property to conduct wet screening and artifact washing, and the first task of the mitigation program will involve the construction of a wet screen platform to process all of the excavated soils. If you have any questions about the scope or budget estimate for the data recovery program, please contact me. If you wish to proceed, please let me know what contract format you would like to use, or sign and return a copy of this document to initiate the program. Sincerely, BriaY BFS:ks Smith Authorized by: Date:12/17/03 04/05/04 MUM 12:40 FAA 858 5BO 7779 State of California - The Resources Agency ARNOLD SCHWARZENEGGER, Governor DEPARTMENT OF FISH AND GAME http://www.dfg.ca.gov 4949 Viewridge Avenue San Diego, CA 92123 (858) 467-4201 April 05, 2004 City of Carlsbad Attn: Marshall Plantz 1635 Faraday Carlsbad, CA 92008 Dear Mr. Plantz: Enclosed is Streambed Alteration Agreement R5-2002-0218 that authorizes work on the Carlsbad Oaks North Specific Plan project in San Diego County. This action is authorized under Section 1600 of the Fish and Game Code and has been approved by the California Department of Fish and Game. Pursuant to the requirements of the California Environmental Quality Act (CEQA), the Department filed a Notice of Determination (NOD) on the project on oy /Of/O'f . Under CEQA regulations, the project has a 30-day statute of limitations on court challenges 01 the Department's approval under CEQA. The Department believes that the project fully meets the requirements of the Fish and Game Code and CEQA. However, if court challenges on the NOD are received during the 30-day period, then an additional review or even modification of the project may be required. If no comments are received during the 30-day period, then any subsequent comments need not be responded to. This information is provided to you so that if you choose to undertake the project prior to the close of the 30-day period, you do so with the knowledge that additional actions may be required based on the results of any court challenges that are filed during that period. Please contact Tamara Spear at (858) 467-4223 if you have any questions regarding the Streambed Alteration Agreement. Sincerely, C.F. Raysbrook Regional Manager Enclosure cc: Tamara Spear 04/05/04 MOJN 12:41 FAA 858 560 7779 UMU03 CALIFORNIA DEPARTMENT OF FISH AND GAME 4949 Viewridge Avenue San Diego, California 92123 Notification No.R5-2002-0218 AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION THIS AGREEMENT, entered into between the State of California, Department of Fish and Game, hereinafter called the Department, and Mr. Marshall Plantz. representing the City of Carlsbad. 1635 Faradav. Carlsbad. CA 92008. and Mr. Paul K. Tchana. representing Carlsbad Oaks North Partners L.P.. P.O. Box 80036. San Dieao. CA 92138. (619)223-1663 State of California . hereinafter called the Operator, is as follows: WHEREAS, pursuant to Section 1601 of California Fish and Game Code, the Operator, on the 1st day of July. 2002. notified the Department that they intend to divert or obstruct the natural flow of, or change the bed, channel, or bank of, or use material from the streambed(s) of, the following water(s):two unnamed drainages, tributaries to Agua Hedionda Creek: Aqua Hedionda Creek and La Mirada Creek . San Diego County, California, Section_Township 11S Range4W . WHEREAS, the Department (represented by Tamara Spear through a site visit on the 5th day of April. 20Q2) has determined that such operations may substantially adversely affect those existing fish and wildlife resources within the streambed of two unnamed drainages, tributaries to Agua Hedionda Creek: Agua Hedionda Creek and La Mirada Creek . specifically identified as follows: Birds: Coastal California qnatcatcher (Polioptila californica californica), turkey vulture (Cathartes aura). Coopers hawk (Accipiter cooperi). greater roadrunner (Geococcyx califomianus), sharp-shinned hawk (Accipiter striatus). white-tailed kite (Elanus leucurus). northern harrier (Circus cyaneus), California horned lark (Eremophila alpestris). peregrine falcon (Fa/co peregrinus), loggerhead shrike (Lanius ludovicianus). Amercican kestrel (Fa/co sparverius), yellow warbler (Dendroica petechiaj, yellow-breasted c\\a\(lcteria virens). rufous-crowned sparrow (Aimophila ruficeps). common raven (Corvus corax). red-tailed hawk (Buteo jamaicensis). California townee (Pipilo crissalis), Bewick's wren (Thrvomanes bewickii). spotted towhee (Pipilo ervthrophthalmus). house finch (Carpodacus mexicanus). house sparrow (Passer domesticus}. mourning dove (Zenaida macroura). Anna's hummingbird (Ca/ypte anna), northern mockingbird (Mimus polvcilottos)* scrub iav (Aphelocoma coerulescens). yellow-rumped warbler (Dendroica coronata): Reptiles: orange-throated whiptail (Cnemidophorus hvperythrus), San Djego horned lizard (Phrvnosoma coronatum). coast patch-nosed snake (Salvadora hexaleois viraultea), western fence lizard (Sceloporous occidentalis); Mammals: Coyote (Canis latrans), desert cottontail rabbit (Svlvilaqusaudubonii), California ground squirrel (Spermophilus beechevi), Botta's pocket gopher (Thomomys bottae): Plants: California adolphia (Adolphia califonica). Nuttall's scrub oak (Quercus dumosa): including the alkali marsh, southern willow scrub, mule fat scrub, freshwater marsh, southern cottonwood-willow riparian forest, southern coast live oak riparian forest, southern coast live oak woodland, freshwater seep, open water and surrounding coastal sage scrub, valley needlegrass grassland, non-native grassland and scrub oak chaparral which provide habitat for such species in the area. THEREFORE, the Department hereby proposes measures to protect fish and wildlife resources during the Operator's work. The Operator hereby agrees to accept the following measures/conditions as part of the proposed work. Page 1 of 6 04/05/04 MUIM 12:41 KAA. 858 560 7779 1^004 STREAMBED ALTERATION AGREEMENT #R5-2002-0218 If the Operator's work changes from that stated in the notification specified above, this Agreement is no longer valid and a new notification shall be submitted to the Department of Fish and Game. Failure to comply with the provisions of this Agreement and with other pertinent code sections, including but not limited to Fish and Game Code Sections 5650, 5652, 5937, and 5948, may result in prosecution. Nothing in this Agreement authorizes the Operator to trespass on any land or property, nor does it relieve the Operator of responsibility for compliance with applicable federal, state, or local laws or ordinances. A consummated Agreement does not constitute Department of Fish and Game endorsement of the proposed operation, or assure the Department's concurrence with permits required from other agencies. This Agreement becomes effective the date of Department's signature and terminates December 31. 2007 for project construction only. This Agreement shall remain in effect for that time necessary to satisfy the terms/conditions of this Agreement. 1. The following provisions constitute the limit of activities agreed to and resolved by this Agreement. The signing of this Agreement does not imply that the Operator is precluded from doing other activities at the site. However, activities not specifically agreed to and resolved by this Agreement shall be subject to separate notification pursuant to Fish and Game Code Sections 1600 et seq. 2. The Operator proposes to alter the streambed within two unnamed drainages, tributaries to Aqua Hedionda Creek: Aqua Hedionda Creek and La Mirada Creek to accommodate the construction of the Faraday Avenue Extension, El Fuerte Street Extension ,Agua Hedionda Sewer Interceptor, and Carlsbad Oaks North Business Park Project. Construction activity will result in the fill of 2.8 acres of streambed*. The project is located approximately 4 miles east of Interstate 5, north of Palomar Road between El Camino Real and Melrose Drive in the City of Carlsbad, San Diego County. *77ie project is designed in phases. Rough site grading will be conducted in the first phase of work, although final pads and build-out are planned through 2010. Since streambed alteration agreements can only be issued for a maximum five year period, the Operator shall be responsible for extending the agreement as needed. 3. The agreed work includes activities associated with No. 2 above. The project area is located within two unnamed drainages, tributaries to Aqua Hedionda Creek; Agua Hedionda Creek and La Mirada Creek. San Diego County. Specific work areas and mitigation measures are described on/in the plans and documents submitted by the Operator, including "Project Description", submitted with the Streambed Alteration Agreement Application, dated June 27, 2002, prepared by Merkel and Associates; an "Environmental Impact Report, Volume 1 for the Carlsbad Oaks North Specific Plan", prepared by Cotton/Bridges/Associates, dated August 2002; a"Biological Assessment", prepared by Merkel and Associates, Inc., dated June 24, 2002; a "Conceptual Mitigation Plan", prepared by Merkel and Associates, dated June 18, 2002; and shall be implemented as proposed unless directed differently by this agreement. 4. The Operator shall not impact more than 2.8 acres acres of jurisdictional habitat comprised of 1.5 acres southern willow scrub, 0.4 acre freshwater marsh, 0.4 acre cismontane alkali marsh, 0.1 disturbed wetland* 0.1 and 0.4 acre unvegetated streambed. Southern willow scrub and alkali marsh shajl be mitigated in-kind at a 3:1 ratio. Freshwater marsh shall be mitigated in-kind at a 2:1 ratio and disturbed wetland and unvegetated streambed shall be mitigated at a 1:1 ratio. A total of 7.0 acres of wetland mitigation Page 2 of 6 04/05/04 MOW 12:42 FAA. 858 5BO 7779 l£|005 STREAMBED ALTERATION AGREEMENT #R5-2002-0218 acreage is required for the project, however the Operator has agreed to create 2.8 acres and enhance 6 acres of wetland on-site, plus enhancement of an additional 6 acres of adjacent riparian "fringe habitat" that is presently infested with 20-100% pampas grass. 5. The Operator shall submit a Final Revegetation, Mitigation and Monitoring Plan for the 14.8 acres of on-site creation/enhancement within 90 days of signing this Streambed Alteration Agreement. The plan shall include a description of the proposed numbers, container sizes and planting location by species, monitoring activities (locations, techniques, scheduling, etc.), maintenance operations with emphasis on watering methods and schedules; the removal of invasive plant species, area treated, techniques to be used, and schedule and success criteria for controlling invasive plants; and any/all other references to revegetation and restoration activities specified by this agreement. Department approval of that plan is required prior to project initiation/impacts. All revegetation shall be installed no later than March 31. 2005. 6. The Operator shall not remove vegetation within the stream from February 15 to August 30 to avoid impacts to nesting birds. 7. The Operator shall have a qualified biologist onsite daily during any impacts to vegetation for the purpose of monitoring and enforcing conditions of this agreement. 8. No equipment shall be operated in ponded or flowing areas. 9. Disturbance or removal of vegetation shall not exceed the limits approved by the Department. The disturbed portions of any stream channel shall be restored. Restoration shall include the revegetation of stripped or exposed areas with vegetation native to the area. 10. Installation of bridges, culverts, or other structures shall be such that water flow is not impaired. Bottoms of temporary culverts shall be placed at stream channel grade; bottoms of permanent culverts shall be placed at or below stream channel grade. 11. Preparation shall be made so that runoff from steep, erodible surfaces will be diverted into stable areas with little erosion potential. Frequent water checks shall be placed on dirt roads, cat tracks, or other work trails to control erosion. 12. Water containing mud, silt or other pollutants from aggregate washing or other activities shall not be allowed to enter a lake or flowing stream or placed in locations that may be subjected to high storm flows. 13. Structures and associated materials not designed to withstand high seasonal flows shall be removed to areas above the high water mark before such flows occur. 14. The perimeter of the work site shall be adequately flagged to prevent damage to adjacent riparian habitat. 15. Staging/storage areas for equipment and materials shall be located outside of the stream. 16. The Operator shall comply with all litter and pollution laws. All contractors, subcontractors and employees shall also obey these laws and it shall be the responsibility of the operator to ensure compliance. Page 3 of 6 04/05/04 MUM 12:43 KAJL 858 560 7779 STREAMBED ALTERATION AGREEMENT #R5-2002-021 8 17. If a stream's low flow channel, bed or banks have been altered, these shall be returned as nearly as possible to their original configuration and width, without creating future erosion problems. 18. Access to the work site shall be via existing roads and access ramps. 19. Spoil sites shalj not be located within a stream, where spoil could be washed back into a stream, or where it could cover aquatic or riparian vegetation. 20. Raw cement/concrete or washings thereof, asphalt, paint or other coating material, oil or other petroleum products, or any other substances which could be hazardous to aquatic life, resulting from project related activities, shall be prevented from contaminating the soil and/or entering the waters of the state. These materials, placed within or where they may enter a stream/lake, by Operator or any party working under contract, or with the permission of the Operator, shall be removed immediately. 21. An annual report shall be submitted to the Department by January 1 of each year for 5 years after planting. This report shall include the survival, percent cover, and height of both tree and shrub species. The number by species of plants replaced, an overview of the revegetation effort, and the method used to assess these parameters shall also be included. Photos from designated photo stations shall be included. 22. No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any construction, or associated activity of whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or runoff into, waters of the State. When operations are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of any stream or lake. 23. No equipment maintenance shall be done within or near any stream channel where petroleum products or other pollutants from the equipment may enter these areas under any flow. 25. An irrevocable letter of credit for the amount of complete restoration and land costs shall be submitted to the Department prior to initiation of construction activities. This amount shall be based on a cost estimate which shall be submitted to the Department for approval within 90 days of signing this letter. 26. A wildlife conservation easement shall be recorded on the mitigation site to protect existing fish and wildlife resources in perpetuity. The easement shall list the Department as a third party beneficiary and shall be recorded before the initiation of construction activities. The form and content of the easement shall be approved by the Department's legal advisors prior to its execution. The legal advisors can be contacted at (916) 654- 5446 27. The Operator shall provide a copy of this Agreement to all contractors, subcontractors, and the Operator's project supervisors. Copies of the Agreement shall be readily available at work sites at all times during periods of active work and must be presented to any Department personnel, or personnel from another agency upon demand. 28. The Department reserves the right to enter the project site at any time to ensure compliance with terms/conditions of this Agreement. Page 4 of 6 04/05/04 MON 12:43 KAA 858 560 7779 1^007 STREAMBED ALTERATION AGREEMENT #R5-2002-0218 29. The Operator shalj notify the Department, in writing, at least five (5) days prior to initiation of construction (project) activities and at least five (5) days prior to completion of construction (project) activities. Notification shall be sent to the Department at 4949 Viewridge Avenue, San Diego, CA 92123 Attn: Tamara A. Spear 30. It is understood the Department has entered into this Streambed Alteration Agreement for purposes of establishing protective features for fish and wildlife. The decision to proceed with the project is the sole responsibility of the Operator, and is not required by this agreement. It is further agreed all liability and/or incurred cost related to or arising out of the Operator's project and the fish and wildlife protective conditions of this agreement, remain the sole responsibility of the Operator. The Operator agrees to hold harmless the State of California and the Department of Fish and Game against any related claim made by any party or parties for personal injury or any other damages. 31. The Operator shall request an extension of this agreement prior to its termination. Extensions may be granted for up to 12 months from the date of termination of the agreement and are subject to Departmental approval. The extension request and fees shall be submitted to the Department's Region 5 office at the above address. If the Operator fails to request the extension prior to the agreement's termination, then the Operator shall submit a new notification with fees and required information to the Department. Any activities conducted under an expired agreement are a violation of Fish and Game Code Section 1600 et. seq. 32. The Department reserves the right to suspend or cancel this Agreement for other reasons, including but not limited to the following: a. The Department determines that the information provided by the Operator in support of the Notification/Agreement is incomplete or inaccurate; b. The Department obtains new information that was not known to it in preparing the terms and conditions of the Agreement; c. The project or project activities as described in the Notification/Agreement have changed; d. The conditions affecting fish and wildlife resources change or the Department determines that project activities will result in a substantial adverse effect on the environment. 33. Before any suspension or cancellation of the Agreement, the Department will notify the Operator in writing of the circumstances which the Department believes warrant suspension or cancellation. The Operator will have seven (7) working days from the date of receipt of this notification to respond in writing to the circumstances described in the Department's notification. During the seven (7) day response period, the Operator shall immediately cease any project activities which the Department specified in its notification. The Operator shall not continue the specified activities until that time when the Department notifies the Operator in writing that adequate methods and/or measures have been identified and agreed upon to mitigate or eliminate the significant adverse effect. CONCURRENCE City of Carlsbad California Dept. of Fish and Game (signature) [/ (date) (signatu^) (date?) Page 5 of 6 04/05/04 MOW 12:44 FAX 858 560 7779 l£]008 -. ;v -.9 STREAMBED ALTERATION AGREEMENT #R5-2002-0218 Marshall Plantz. "STa4to£-> <&#&— C.F. Ravsbrook. Regional Manager pie) ' eJtoUES/2-(title) Carlsbad Oaks North Partners L.P. a California Limited Partnership by Sun Tech Investment Corp., a California Corporation, General Partner ^____ (signatufejPt/ (date) Paul K. Tchanq (title) Page 6 of 6 Techbilt Construction Corp. 3575 Kenyon St. San Diego, CA 92110 Telephone (619) 223-1663 Ms. Anne Hysong City of Carlsbad 1635 Faraday Ave. Carlsbad, CA92008 Mailing Address P.O. Box 80036 San Diego, CA 92138 FAX (619) 223-2865 October 5,2004 SUBJECT: Carlsbad Highlands Grant Deed and Conservation Easement Carlsbad Oaks North Draft CC&Rs Dear Anne: Enclosed is for your records and review are the following document copies 1) Transmittal letter, proof of mailing, Grant Deed, and Conservation Easement for Phase 3 of Carlsbad Highlands. 2) Draft CC&Rs. If you have any questions, please contact me. TT:tt Enclosures Sincerely, Techbilt Construction Corp. Ted Tchang Techbilt Construction Corp, 3575 Kenyon St. San Diego, CA 92110 Telephone (619) 223-1663 Mailing Address P.O. Box 80036 San Diego, CA 92138 FAX (619) 223-2865 July 22, 2004 Mr. Don Chadwick California Dept of Fish & Game 4949 Viewridge Ave. San Diego, CA 92123 RE: Carlsbad Highlands phase 3 Conservation Easement and Grant Deed Dear Mr, Chadwick: The remaining credits of the Carlsbad Highlands Conservation Bank will be committed to the offsite mitigation requirements of the Carlsbad Oaks North Business Park. We are ready to deed phase 3 of the Carlsbad Highlands Conservation Bank to the State of California. At the request of Mike McCollum of McCollum Associates, I am sending you the signed and notarized Grant Deed and Conservation Easement Agreement. Both of these documents have the same reservations and title exceptions to the recorded Grant Deeds and Conservation Easement Agreements for Phases 1 and 2 of the Carlsbad Highlands Conservation Bank. When the document is ready to record, we will be ready to provide the title insurance policy as we did when Phase 2 was deeded to the State of California. Also enclosed is a current Preliminary Title Report and a copy of the sales data for the Carlsbad Highlands Conservation Bank. If you have any questions, please contact me. Sincerely, -Return Receipt Fee (Endorsement Required) Ted Tchang, Vice President IcCollum Associates GEOCON INCORPORATED GEOTECHNICAL CONSULTANTS Project No. 06442-32-01 December 28, 1999 Revised January 4, 2000 Techbilt Construction Corporation Post Office Box 80036 San Diego, California 92138 Attention: Mr. Ted Tchang Subject: CARLSBAD OAKS NORTH BUSINESS PARK; CT 97-13 CARLSBAD, CALIFORNIA GEOTECHNICAL UPDATE Reference: Preliminary Geotechnical Investigation for Proposed Carlsbad Oaks East, prepared by Woodward-Clyde Consultants, dated June 15, 1990. Gentleman: In accordance with your request, this correspondence has been prepared to update the referenced geotechnical report with respect to the latest tentative map for the property. It should be noted that the subject project was referred to as Carlsbad Oaks East in 1990. The present tentative map was prepared by O'Day Consultants, Inc. with a last revised date of October 8, 1999. Although the current development plan for the 414-acre site is similar to that depicted in the referenced geotechnical report, there are some notable differences, which are summarized below: 1. The development area has been reduced from approximately 270 acres to 188 acres (not including Faraday Avenue and El Fuerte Street). 2. The offsite improvement of Faraday Avenue from the project's west boundary to Orion Street has been added. 3. Development of an area underlain by several ancient landslides has been eliminated. 4. Some cut slopes within granitic rock along the northern development margins are planned at 1.5:1 (horizontahvertical) with a maximum height of 40 feet. 5. The maximum heights of proposed 2:1 cut and fill slopes are 60 feet and 70 feet, respectively. Previously a maximum height on the order of 55 feet was contemplated. 6. The number of building lots has been reduced from 55 to 22 (not including the sewer pump station lot). Based on our review of the referenced report and the present Tentative Map for Carlsbad Oaks North Business Park, it is our opinion that the new development plan significantly reduces the impact on areas of potential geologic hazards. The increase in maximum slope height from 55 to 70 still yields a factor of safety for slope stability in excess of 1.5 using the strength parameters presented in the I •'6960 Flanders Drive • San Diego, California 92121-2974 • Telephone (858] 558-6900 • Fax (858) 558-6159 I geotechnical report. The strength parameters represented a compacted fill soil condition and hence, do not account for the high cohesive strength characteristic of granitic rock in a cut (undisturbed) condition. Using shear strength characteristics more indicative of granitic rock, the proposed 1.5:1 cut slopes were also found to possess a factor of safety with respect to slope stability well in excess of 1.5 (see Slope Stability Analysis, Figure 1). The slopes proposed for the offsite improvement of Faraday Avenue are all planned at 2:1 and have a maximum height of 30 feet and 50 feet for cut and fill slopes, respectively. No potential geologic hazards, such as ancient landslides are known to exist along the proposed offsite alignment. However, as recommended in the referenced geotechnical report for onsite improvements, more detailed geotechnical studies should be performed prior to finalizing grading and improvement plans. In particular, subsurface exploration should be performed to address the stability of proposed slopes, provide retaining wall design criteria and provide specific recommendations for the grading of the offsite roadway, including remedial grading measures, if necessary. The geotechnical report did not address the need for terrace drains on cut or fill slopes and none are proposed for the project as currently planned. In our opinion, the use of terrace drains is not necessary to maintain gross stability of the slopes. It has been our experience that terrace drains that are not continually maintained can actually cause significant slope erosion and possibly slope distress. In summary, it is our opinion that no soil or geologic conditions exist which would preclude the development of the Carlsbad Oaks North Business Park as presently planned. The project has less adverse impact on areas of potential geologic hazards than the plan that was considered in the referenced geotechnical report. Should you have any questions regarding this correspondence or if we may be of further service, please contact the undersigned at your convenience. Very truly yours, GEOCON INCORPORATED Thomas V. JLangpap GE503 TVL:DBE:kje (3) Addressee (3) O'Day Consultants Attention: Mr. Timothy Carroll (3) Ladwig Design Group Attention: Mr. Bob Ladwig David B. Evans CEG 1860 CERTIFIED ENGINEERING / GEOLOGIST / Project No. 06442-32-01 -2-December28, 1999 Revised January 4, 2000 PROJECT NO. 06442-32-01 ASSUMED CONDITIONS: Slope Height Slope Inclination Total Unit Weight of Soil Angle of Internal Friction Apparent Cohesion No Seepage Forces 1.5:1 Cut Slope 40 feet high in granitic rock H = 40 feet 1.5:1 (Horizontal:Vertical) yt = 140 pounds per cubic foot (() = 40 degrees C = 300 pounds per square foot ANALYSIS: Equation (3-3), Reference 1 Equation (3-2), Reference 1 Calculated Using Eq. (3-3) Determined Using Figure 10, Reference 2 Factor of Safety Calculated Using Eq. (3-2) REFERENCES: (1) Janbu, N., Stability Analysis of Slopes with Dimensionless Parameters, Harvard Soil Mechanics, Series No. 46, 1954. (2) Janbu, N., Discussion of J.M. Bell, Dimensionless Parameters for Homogeneous Earth Slopes, Journal of Soil Mechanics and Foundation Design, No. SM6, November 1967. SLOPE STABILITY ANALYSIS CARLSBAD OAKS BUSINESS PARK, CT 97-13 CARLSBAD, CALIFORNIA FIGURE 1 • Need LFMP amendment application from Tchang. • SAH Line - to what point does Tchang need to show line and perform environmental review • from Terraces through Tchang property. 12-15-99 Meeting: Randy Klaahsen (CMWD), Lloyd Hubbs, Joe Parco, Clyde Wickham, Gary Wayne, Anne Hysong Issue: Water District agreement to use consultants chosen by Engineering (Engineer Horn, biologist Merckle(sp?), EIR consultant Cotton Beland) to do the environmental and engineering_for the offsite SAH line from Terracesthrough Tchang fa£>*^)^%£*~*' ^~ /f^" ~£%, d^f J2^4^&-^ Explained to Randy that environmenta review requires an analysis of the least environmentally damaging alternative - can use the engineer (Horn) to cpeate scope of, i . , ,. . Wfo* " • . \^^^U^J^^c^. rwork necessary and to create preliminary design Mor which we can perform environmental review. Need environmental agencies clearance prior to creating final eng. design so better to do it this way. Based on this understanding, Randy agreed. Two alternatives remain: 1. Let Tchang do everything including choosing engineering and env. Consultants to do the engineering and environmental review. Lloyd would require a reimbursement agreement which would give the City ownership of engineering and env. For offsite. Or 2. Do a City prepared EIR (Tchang pays for EIR and we pay for costs associated with offsite engineering and environmental so that we own everything. If Tchang backs out, we can proceed to get the road and sewer line built. DECISION: We proceed with alternative No. 2. ACTION: Need to prepare an increased scope of work for EIR. • Lloyd will put Engineering Consultant Horn in touch with Randy at CMWD to begin preparing scope of work for sewer, Joe will forward copies of scope of work for Faraday prepared by Horn and the names and addresses of consultants they have selected. Anne/Clyde will prepare scope of work for Planning upon receipt of new set of plans and documents for Tchang project including the LFMP (the proposed interim connection to Raceway pump station for Phase I should be included). The alternative sewer proposals must be included for review as part of the project and described to be included in the scope of work. fthstrt^^Z^I^'***1^^• Prepare an agenda bin to approve consultants selected - 5 RFP's reviewed - selected on basis of best qualified due to major engineering work for public improvements. Contract will have to spell out cost sharing aspects of project LUCE*ORWARD, HAMILTON ^SCRIPPS HP ATTORNEYS AT LAW • FOUNDED 1873 RONALD W. ROUSE, PARTNER DIRECT DIAL NUMBER (619) 699-2579 DIRECT FAX NUMBER (619) 645-5342 E-MAIL ADDRESS: rrouse@luce.com Our File No.: 16466-3 November 24, 1999 Mr. Michael J. Holzmiller Planning Director City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-1576 Re: GPA 97-05/ZCA 97-05/SP-211/CT 97-13/HDP 97-10/SUP 97-077 Carlsbad Oaks North Dear Michael: As we discussed in our telephone conversation, Techbilt Construction Corp. has been actively processing its Zone 16 entitlement package, including tentative subdivision map for some time now. After working cooperatively with the City on such issues as the HMP hard lines for Federal and Statewide habitat protection programs, the new traffic modeling for the PAR corridor and coordination for the completion of Faraday from its existing eastern terminus to Orion Way and extending Melrose southerly to PAR, the project is now ready to process for CEQA compliance and move forward to Planning Commission and City Council. The combined applications (the "Project") have a May 11, 1998 "complete application" letter from the Planning Department, signed by you. Recently, Staff Planners stated that the Project applications would have to be withdrawn and resubmitted because of City's concerns regarding the Permit Streamlining Act ("PSA") possible applicability to the Project. You and I generally discussed it, and concluded that the PSA applicability to the Project, given the unique history and circumstances of the City's HMP/Rule 4(d) situation, was problematic. Given this history, Techbilt cannot agree to the City's request to start over again by resubmitting new applications. Much has been done over the past year, as outlined above. The Techbilt Project is important to the City for completion of key road and other public infrastructure and open space preservation. Further, it represents additional employment opportunities as it establishes additional industrial and commercial land in a location and size in short supply, helping to balance jobs/housing in the City. Based on the totality of circumstances, in particular the impossibility to proceed with meaningful CEQA review because of the pendency of the Federal and Statewide HMP/Rule 4(d) issues, we 600 WEST BROADWAY, SUITE 2600 • SAN DIEGO, CALIFORNIA 92101 • TELEPHONE (619) 236-1414 • FACSIMILE (619) 232-8311 SAN DIEGO • LA JOLLA • NEW YORK • Los ANGELES • SAN FRANCISCO • CHICAGO • tLUCE,TORWMD, HAMILTON efScwpps UP ATTORNEYS AT LAW • FOUNDED 1873 Mr. Michael J. Holzmiller November 24, 1999 Page 2 agreed that it would not be fair to the City to start the PSA timeframes as of May 11, 1998, but rather, those timeframes should commence on the date that a revised submittal package is received by the City. For all non-PSA purposes, the Project application will remain "deemed complete" as of May 11, 1998. Techbilt is prepared to make this accommodation provided the City commit appropriate Planning and Engineering staff to proceed forward to document CEQA compliance and move the Project to final consideration. My clients, Techbilt, have repeatedly demonstrated their cooperative attitude and willingness to work with the City and wish to continue that relationship. Assuming you agree, would you please countersign the enclosed copy of this letter and please direct your Staff that the Project be promptly moved forward and initiate the scoping and associated CEQA processing. Techbilt appreciates your assistance in this regard as both the property owners and the City will benefit from this important community resource moving forward sooner, rather than later. If you have any questions, please do not hesitate to call me. Ronald W. Rouse of LUCE, FORWARD, HAMILTON & SCRIPPS LLP RWR/jr Enclosure cc: Mr. Ted Tchang/Techbilt (via fax) Mr. Robert C. Ladwig (via fax) CONFIRMED AND AGREED: City of Carlsbad 1454525.1 Techbilt Construction Corp. Mailing Address 3575 Kenyon St. P.O. Box 80036 San Diego, CA 92110 San Diego, GA .92138> Telephone (619) 223-1663 FAX (619) 223-2865 June 4, 1999 Mr. Michael Holzmiller City of Carlsbad 2075 Las Palmas Dr. Carlsbad, CA 92009 SUBJECT: Carlsbad Oaks North meeting notes from June 3, 1999 Dear Mike: Doug Woods & I wanted to confirm our understanding of yesterday's meeting with you and City staff. Regarding the HMP, we had previously faxed and mailed to you a letter dated June 1, 1999 in which we pointed out that the Carlsbad Oaks North hardlines in the draft HMP were not the hardlines that we had agreed to. We also delivered a letter to you dated June 3, 1999 in which we point out that the vegetation classification of our property is inconsistent with the vegetation classification in our biology reports by Dudek & Assoc. In our meeting discussions, we were informed that Ron Rempel proposed the following deal for the HMP hardlines of Carlsbad Oaks North: a) A 300 foot wide (average) buffer along the north property boundary b) "The nose" area (approximately 20 acres of graded, disturbed area) to be mitigated at a ratio of 2:1 with conservation credits from the Carlsbad Highlands Conservation Bank. c) The graded area of the rest of the project to be mitigated per the HMP requirements. We will study the impacts of this proposal on our project and will attempt to minimize net acreage losses by using retaining walls to recapture pad area. Upon studying the impacts we will arrange a meeting with the City and the Resource Agencies for further discussions and negotiations. As to our understanding of the mitigation requirements for our project, Marty Orenyak had previously stated at our April 28, 1999 meeting with the Resource Agencies that the mitigation for Faraday Ave. offsite through the County property would be a City responsibility. Regarding the planning and engineering issues discussed in our meeting, the following is our understanding of the discussions: 1) Buffering requirement for lots bordering the existing residential in Vista- Our proposal was to provide a 75 foot rear yard building setback with a 50 foot rear yard landscaped buffer along our eastern property boundary at lots abutting the existing residential neighborhoods. No special use restrictions or noise control restrictions would be placed on these lots, but the City's existing ordinances would apply. You were agreeable to this proposal and would further discuss this with Chris DeCerbo. 2) Open space dedications with first phase of project- Our concern here was that our construction of improvements adjacent to and in open space areas would be hindered if those open space lots were already dedicated. Clyde Wickham said that the City would write up our project approvals to give us the flexibility to do construction of all needed improvements adjacent to and in the open space areas without hindering those construction operations. 3) Trail system requirements- Our concern here was being required to dedicate and build a public trail and have private liability for this public trail. We understand that the City Council will clarify this issue in the near future and that the trail will either be a public trail maintained by the City with City liability or it will be a private trail system without public access. We were also concerned about being required to build a dead end trail with no connections. You stated that the trail alignment might be changed and the construction of the trail could be done in segments as required by the City. 4) Sewer issues- We understand that the lot currently reserved for a potential future pump station will be retained. 5) Crib walls or earthstone walls- We will propose wall standards for crib walls and earthstone walls to be incorporated into our specific plan. 6) Onsite gravel plant- The City will allow an onsite gravel plant to make road base and backfill material for onsite use only. The impacts from this plant will need to be incorporated into the project's EIR. 7) Corps of Engineers permits- We discussed our need to process Corp of Engineers permits for the wetlands impacts of the circulation roadways. You indicated that we will have the City's cooperation in processing these permits. Clyde Wickham also said that these permits may be processed as a City project if doing so is advantageous to expediting the project. Subsequent to our meeting we had a phone conversation with Clyde Wickham about the requirements for slope banks. Clyde said that the City would accept the recommendations of our soils engineer to 1) eliminate the terrace drains and slope benches on all slopebanks, 2) allow 1.5:1 slope banks in cut areas. Clyde did say he would be cautious about 40 foot high, 1.5:1 cut slopes. We would appreciate it if you could advise us if you disagree with any of the above comments. Sincerely, Techbilt Construction Corp. -c Ted Tchang TT:tt CC: Marty Orenyak, City of Carlsbad Chris DeCerbo, City of Carlsbad Clyde Wickham, City of Carlsbad Bob Ladwig Ron Rouse Mike McCollum • Techbilt Construction Corp. Mailing Address P.O. Box 80036 San Diego, CA 92138 FAX (619) 223-2865 February 17, 1999 3575 Kenyon St. San Diego, CA 92110 Telephone (619) 223-1663 Mr.Chris DeCerbo City of Carlsbad 2075 Las Palmas Dr. Carlsbad, CA 92009 SUBJECT: Carlsbad Oaks North Dear Chris: I wanted to give you an update on the progress we have made on our Carlsbad Oaks North development. We have been very busy the past few months working on resolving the outstanding issues remaining in the path of our development. We are encouraged by the progress the City has made in negotiating the HMP with the resource agencies. In our last conversation with Don Rideout, he said that the City was close to wrapping up negotiations on the HMP and that the City would be asking to meet with us soon. We have had several meetings with Bill Plumber, the City of Vista, and the Buena Vista Sanitation District to resolve the issues relating to sewer service. We are in the process of securing permission to enter onto the adjoining County of San Diego property in order to stake the proposed alignment for the South Agua Hedionda Interceptor sewer. We will then do a biological survey of the proposed alignment in order to assess biological impacts and locate the sewer line in the most biologically sensitive manner. Once we have the biological impacts quantified and the alignment agreed upon, Bill Plumber will be able to generate cost estimates and then we will be able to have discussions on how to get the sewer line funded and built. We have also had meetings with Lloyd Hubbs, Raceway Partners, and Professors Capital to discuss the funding and construction of Faraday Ave. and Melrose Dr. We are currently pursuing a cooperative arrangement with the City of Carlsbad, the City of Vista, Raceway Partners, and Professors Capital to fund and construct both of these roadways. Lloyd Hubbs has stated that it is the City's priority to get both Melrose Dr. and Faraday Ave. built at the same time so as to relieve traffic pressures on Palomar Airport Rd. It appears that we are now in a position to start the EIR analysis for Carlsbad Oaks North. V/e look forward to working with you to get the EIR process underway. If you have any questions, please contact me. Sincerely, Techbilt Construction Corp. TT:tt Ted Tchang UNIVERSITY OF CALIFORNIA, SAN DIEGO BERKELEY • DAVIS • IRVINE • LOS ANGELES • RIVERSIDE • SAN DIEGO • SAN FRANCISCO NATURAL RESERVE SYSTEM 9500 OILMAN DRIVE LA JOLLA, CALIFORNIA 92093-0116 Don Rideout Planning Department City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 UCSD SANTA BARBARA • SANTA CRUZ TELEPHONE: (619) 534-8233 FAX (619)534-7108 e-mail: jkohn @ ucsd.edu 13 August 1998 Dear Mr. Rideout: The Natural Reserve System is pleased to be a participant on the North San Diego County Multiple Habitats Conservation Program Advisory Committee. In reviewing the Consultants' Draft plan, and in particular the maps of the Habitat Value and Focused Planning area (FPA), we believe that there is an opportunity to improve the Preserve design by reducing edge effects in the largest contiguous patch of high quality habitat in the City of Carlsbad. This habitat area, encompassing portions of the Cities of Carlsbad and Vista, includes the University of California's Dawson-Los Monos Canyon Reserve. The Natural Reserve System is a trustee agency under CEQA, and is mandated to protect the public property that it manages. We feel that the conservation zone proposed does not preclude direct degradation of the Dawson Reserve. Immediately to the south of the Reserve, and sitting partially within the Reserve's watershed, is the Tchang property1, currently not included in the FPA. We think the exclusion of the mixed sage scrub-chaparral habitat on this property is arbitrary and not warranted, given the biological goals and guidelines of the MHCP. We strongly suggest that it be included as we have made clear in earlier correspondence with you and SANDAG, copied to you, and in our face to face meetings. Significant direct and indirect impacts to the Reserve are anticipated from the proposed development of the Tchang land. These include, but are not limited to: - Reduction in adjacent habitat, resulting in the reduction of the functional area of the reserve, leading to species losses, especially of wide ranging mammals and birds. 1 Parcel numbers 209-05-04, and 209-05-21 through -24, owned by T&G Investments, 3575 Kenyon St., San Diego, CA 92110 Design August 6, 1998 Mr. Mike Smith Carlsbad Fire Department 2560 Orion Way Carlsbad, CA 92008 /' RE: CARLSBAD OAKS NORTH - MEETING REFERENCE A PROPOSED 1,000 FOOT BUFFER WESTERLY OF EXISTING RESIDENTIAL PROPERTY IN THE CITY OF VISTA - NORTH OF FARADAY AVENUE (LADWIG DESIGN GROUP, INC. JOB NO. L-1021) Dear Mike: Thank you for meeting with Chris DeCerbo, Doug Woods and myself on 7/23/98 to discuss your thoughts on a proposed 1,000 foot buffer between the existing residential uses in Vista and certain industrial uses within the proposed Carlsbad Oaks North project. I presented at the meeting a 400 scale exhibit (attached) that showed the proposed 1,000 foot buffer area. After considerable discussion, it was agreed that: 1. The lots covered by the proposed buffer (approximately 46 acres) needs to be addressed in the Specific Plan and include requirements such as a Conditional Use Permit (C.U.P.) for any use that would require a "business plan" for the use of hazardous materials as defined by the State of California. 2. You would look at the development within the City and in particular the La Costa Products application and advise Chris DeCerbo with your recommendations - who in return would advise us. Thank you again for meeting with us. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:ad.095 Attachment cc: Cliris DeCerbo, with attachment Doug Woods, with attachment 703 Palomar flirport Road + Suite 300 + Carlsbad, California 92009 (760)438-3182 FflX (760) 438-01 73 - Erosion on the Dawson-Los Monos Canyon Reserve due to downslope flows following construction. - Siltation of the Aqua Hedionda creek from loose material during construction, leading to the loss of riparian habitat quality and species. - Reduced ability to use fire as a habitat management tool. In addition, there are many impacts to the MHPA preserve itself that would result without the inclusion of at least some of this area. These include: - Reduced size of core area of the preserve. - Reduced foraging area for raptors. - Reduced habitat for the maintenance of open scrub species. - Reduced connectivity between parcels to the east with areas to the north and west. In contrast to the Tchang property, significantly less pristine and biologically relevant property in more peripheral locations, including the drag strip property, and manufactured slopes just west of Business Park Drive, have been included in the FPA. It is our preference that as much natural land as possible be preserved in the immediate vicinity of the Dawson Reserve, to ameliorate the impacts of reduced habitat size on species composition and population size within the Reserve. At the very least, lands within the Reserve's watershed deserve consideration. Without the measures proposed here, we feel that the continued existence of the Reserve as a viable teaching and research site based on a naturally-functioning ecosystem is in jeopardy. We understand that a Notice of Preparation of an Environmental Analysis for the Tchang property is about to be released. We strongly suggest that this analysis takes the form of a full Environmental Impact Report. Please send all information pertinent to a CEQA review on this subject and related matters to the UCSD Natural Reserve System at the address shown above. Please respond in writing with the City of Carlsbad's intentions and justifications with regard to the inclusion of the Tchang property in the FPA. Please contact me at (619) 534-8233 if you have any questions regarding this letter. ,y°u, !>r. Joshua R. Kohn /Chairman, Faculty Advisory Committee, UCSD Natural Reserve System cc: Colleen O'Hara, Councilmember, City of Oceanside, and Chairman, MHCP Advisory Committee Bill Tippetts, California Department of Fish and Game Nancy Gilbert, US Fish and Wildlife Service « City of Carlsbad i^ V^VV^BB^BHff^B^^^Sffin^^DEBHDUi^QP^^^BBffi9flH3fiHS9 August 6, 1998 Mr. Paul K. Tchang Techbuilt Construction Corporation 3557KenyonSt. San Diego, CA 92110 SUBJECT: SP-211/CT 97-13/HDP 97-10/SUP 97-07/GPA 97-05/ZCA 97-05 CARLSBAD OAKS NORTH Thank you for applying for Land Use Permits in the City of Carlsbad. The Engineering Department has reviewed your Specific Plan, Tentative Map, Hillside Development Permit, Special Use Permit, General Plan Amendment, and Zone Code Amendment, application nos. SP-211, CT 97-13, HDP 97-10, SUP 97-07, GPA 97-05, and ZCA 97-05, for project issues which are of concern to staff. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. Please contact your staff engineer, Clyde Wickham, at (760) 438-1161, extension 4353, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, . : RECEIVED.Claris DeCerbo Principal Planner JAN L 5 2000 OrTY OF CARLSBAD PLANNING DEPT. CD:dch Attachment Gary Wayne Clyde Wickham RECEIVED BobbieHoder ' Allfi 1 7 fQQR File Copy AUG ' ' ™ Data Entry " - \ q DESIGN 6R Planning Aide 2075 La Palmas Dr. - Carlsbad, CA 92OO9-1576 - (760) 438-1161 • FAX (760) 438-0894 SP-211/CT 97-13/HDP 97-IO/SUP 97-07/GPA 97-05/ZCA 97-05 - CARLSBAD OAKS NORTH August 6, 1998 Page 2 Fundamental Development Issues: 1. Faraday Ave. connection from the existing terminus at Orion St. to the existing terminus in Vista is not identified as part of this project. /2. The Traffic Report with analysis and proposed mitigation has not been submitted to this department. The existing arterial system, Palomar Airport Road and El Camino Real, cannot take this project over-loading without the arterial connection of Faraday Ave. and without additional mitigation. The report should identify these issues and should provide (L.O.S.) analysis before and after mitigation. 3. The South Agua Hedionda Sewer Main will be constructed onsite as part of this project "by the developer". The revised tentative map shows a proposed sewer pump station lot (lot 24) and the construction and removal of force mains "by others". 4. The proposed box culvert that crosses Faraday needs revision. Check with Rick Engineering, Dennis Bowling or Richard Allen, for specific details and design parameters, (it's supposed to be a single box culvert.) Additional Design Issues: 5. Lot 24, the sewer pump station on the north side of El Fuerte, in the flood plain, as proposed cannot be supported. Relocate the "temporary" pump station to lot 21 or 22, Delete lot 24. 6. The large lot graded swale @ top of slope detail on sheet 2 must be revised. As commented on our last review, drain away from top of slopes (large lots) especially near streets and intersections. These lots are rough graded for future development and the chance of slope failure cannot be accepted. Lots that we have issues with in this regard are: Lots 20,16, 15,13, and 2. 7. The offsite drainage design on lots 6 and 7 should be revised to drain to an approved drainage course. Lot 6 can drain to the front of the lot as shown on the check-print. And lot 7 can drain through lot 8 via a storm drain or approved graded swale design, again away from top of slope. 8. The alternative points of access conflict with and do not. meet intersection spacing. Some of the alternate points of access simply will not work considering the graded driveways and the adjacent access points. The plan as submitted cannot be supported. -In the specific plan, a note or discussion regarding the SP-211/CT 97-13/HDP 97-10/SUP 97-07/GPA 97-05/ZCA 97-05 - CARLSBAD OAKS NORTH August 6, 1998 Page 3 access plan may work to resolve this and allow flexibility with adjacent changes, owners approvals, and acceptable reasons for modification. The concept of shared second points of access should be'used. Access on the inside of curves should be discouraged. 9. The phasing plan has a lot of issues related to pumping out of sewer basin, construction of off-site improvements, mass grading and the extension of Faraday Ave. I would like to review this along with the detailed traffic study and with the water district while other issues are being resolved. I will return additional comments as they become available. Attached is a red-lined check print of the proposed project for the applicants use in making the requested revisions. This check print must be returned with the project revisions to facilitate continued staff review. Specific Plan Issues and Comments: 10. There are the usual typo's and inconsistencies between the Specific Plan and the Tentative Map. I have noted as many as I could find in the plan, attached to this memo. 11. Is Figure 2 the "existing" General Plan, or "proposed"? 12. Is Figure 3 supposed to show the entire parcel as existing P-C zone and is the proposed zone P-M / 0-S? Please clarify on Figure 3. 13. Page II-9: The driveway locations (shown on the Tentative Map) have been designed to be consistent with current location and City of Carlsbad Engineering Design Criteria. Please revise last sentence paragraph 1. 14. Figure 5 shows driveway locations and design not in conformance with current standards. Please correct per comments on Tentative Map. Also Lot 24 is not consistent with Tentative Map, as commented on last week (remove lot 24). 15. Page 11-13 should include discussion of Faraday Ave. almost identical to the discussion of El Fuerte, as part of this Specific Plan and proposed subdivision. Additional discussion regarding City participation, reimbursement, credit for impact fees and assessment or financing districts will evolve from staff and applicant discussion. 16. The sewer phasing plan is another major issue to be corrected in the Specific Plan and on the Tentative Map. The onsite "construction by others" is not supported SP-211/CT 97-13/HDP 97-10/SUP 97-07/GPA 97-05/ZCA 97-05 - CARLSBAD OAKS NORTH August 6, 1998 Page 4 by staff. Although a joint construction agreement between the District and the developer may be feasible. Ultimately the construction on site will be the responsibility of the developer, with upsizing or reimbursement program available. 17. The reference to letters of support from Dexter Wilson is miss-leading. Is Mr. Wilson a director or authority of Vista Sewer District, The City of Vista or Buena Sanitation District? 18. Phase II options 1 and 2 are miss-leading. District discussion, support and agreements should be approved before obligating and committing participation in on-site construction programs. Again on-site construction is the responsibility of the developer. 19. The sewer phase discussion (page 11-14) should discuss removal, timing, and connecting of the existing project" (CT 74-21) to the gravity sewer system. Revise figure 10 to show the connection of CT 74-21. 20. Water transmission, fire flows and reclaimed water facilities are under estimated. Revise as required. Each phase and each temporary reach should be designed to provide full service as a stand alone project with an open timeline for "future" improvements. If offsite improvements are required, they should be included up front. We prefer to see the main transmission line up front with interim loops and services as the phasing plan. Check with CMWD for additional comments. 21. Figure 11 and 12 (all exhibits) should be corrected to revise lot 6 &7 drainage pattern as noted on Tentative Map. Lot 24 should be removed from all exhibits and figures. 22. Section IV, Implementation Measures, should be revised to include reference to City Design Standards, the Landscape Manual, CMWD requirements and policies in effect at the time of design and processing for each lot / development plan. 23. Page IV-2 could discuss minor amendment to driveway plan/locations and internal streets (item b.) 24. Page IV-3 has a lot of comments about additional improvements (item e. of future consideration) and Phasing issues. We should address this section after we discuss grading, arterial improvements, sewer, and other issues that affect phasing. The phasing scenario must also conform to Zone 16 Local Facilities Management Plan and be in conformance with City Cul De Sac standards. SP-211/CT 97-13/HDF97-10/SUP 97-07/GPA 97-05/ZCA 97-05 - CARLSBAD OAKS NORTH August 6, 1998 Pages 25. Figure 13 will be revised after discussion about grading, circulation and phasing. 26. Page IV-5 is void of discussion 'and financing proposals from Zorie 16 LFMP. Again this section will change. If proposed this is the section to add commitments./ 27. Page V-2 refers to sight corridor restrictions of this plan. I couldn't find the section, it should be included and referenced as needed throughout the Specific Plan. 28. Page V-22 should include discussion about truck circulation and access. At-grade loading areas use single unit - truck 407-D turn templates and depressed loading docks use semi - truck 407-E turn templates. A copy of both templates with graphic scale could be provided. 29. Section VI section B.I needs revision as noted. Guidelines and measures should be specific. 30. Without interpretation or searching for additional reports to identify restrictions. Example: What are the conclusions and recommendations of the final geotechnical study required by the Subdivision Map Act? Additional comments are noted in red - lined copy of the Specific Plan. Attached is a red-lined copy of the Specific Plan for the applicants use in making the requested revisions. This red - lined copy must be returned with the revisions to facilitate continued staff review. Phasing Plan Issues and Comments: • The proposed phasing Plan, sheets 10 through 13 as submitted are unacceptable. The general idea of a phasing plan is to show, in detail, each phase and how it will function almost as an independent unit, a worst case scenario. • The comments about grading, importing, exporting or stockpiling are unclear. As an example: Phase 1 shows importing from phase 4, phase 2 also shows importing from phase 4. Phase 3 shows exporting back to a portion of phase 2 an Phase 4 shows exporting to 1,2, and 6. It appears that grading is being repeated from what should be completed by previous phases. By this brief discussion, you can see a great deal of confusion is created by the proposed plan. • The general idea for a phased grading plan is to move dirt once and not extend a grading operation unreasonably. Regionally it appears logical to grade phase 1,5, SP-211/CT 97-13/HDP 97-10/SUP 97-07/GPA 97-05/ZCA 97-05 - CARLSBAD OAKS NORTH August 6, 1998 Page 6 and 6 first. Perhaps a renumbering of 1, 2, 3 would be appropriate. We understand from a sewer and water aspect that lot 18 should be part of the first phase. • The entire phasing plan is a violation of the City's adopted standards for design and construction of public works, Specifically the Cul De Sac/Alignment section, page 6 &7. Measuring the extension of El Fuerte from Loker Ave. the total length cannot exceed '/2 mile. Phase 1 as proposed exceeds this distance. The buildable area exceeds lot 25 acres, and I believe, the phase 1 ADT exceeds 3000. The extension of Faraday is inevitable, up front with the first phase. • The sewer and water phasing plan is a violation of the adopted local facilities management plan. The proposed sewer phase 1 is not the same as the subdivision phase 1. Again additional thinking and district discussion is needed. *City of Carlsbad Planning Department TO: CHRIS DECERBO, PRINCIPAL PLANNER FROM: Mike Smith, Fire Marshal LAND USE CONFLICTS, CARLSBAD OAKS NORTH BUSINESS PARK This is to inform of my concern for what I will characterize as an improper land use proposal along the Eastern boundary of the Carlsbad Oaks North Business Park project. The applicant is proposing industrial use immediately adjacent to established residential neighborhoods. The Fire Department will aggressively oppose the plan from the position that these uses are not compatible from a health and safety perspective, and that they should be separated by transitional land uses such as Office, Professional or commercial. Industrial zones accommodate the use of hazardous chemicals on a routine basis. In spite of close regulation by local and state codes, we expect accidents involving chemicals to occur occasionally. Because of the extensive assortment of industrial chemicals in use, and their varying physical characteristics, it is not possible to accurately predict the impact a release might have upon the surrounding environment. Out of concern for off-site impacts of chemical releases, Fire proposes a buffer zone of 1,000 feet between industrial and residential uses. It has been my experience in working through other similar situations, that most health and hazardous materials professionals agree that over a distance of 1,000 feet, wind born plumes of chemical vapor will dilute to the extent that off site health impacts will be minimized. I would appreciate the opportunity to work with you and the applicant to resolve this issue, and request notification of any future meetings you might arrange for that purpose. MICHAEL E. SMITH Fire Marshal 2O75 La Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 t t City of Carlsbad Planning Department May 28, 1998 Mr. Paul K. Tchang Techbuilt Construction Corporation 3557 Kenyon Street San Diego, CA 92110 SUBJECT: SP-211/CT97-13/HDP97-10/SUP97-07/GPA97-05/ZCA97-05 OAKS NORTH CARLSBAD Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Specific Plan, Tentative Map, Hillside Development Permit, Special Use Permit, General Plan Amendment, and Zone Code Amendment, application nos. SP-211, CT97-13, HDP 97-10, SUP97-07, GPA97-05, and ZCA97-05, for project issues which are of concern to staff. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. Please contact your staff planner, Chris DeCerbo, at (760) 438-1161, extension 4445, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, IEL J. HOLZMILLER Placing Director MJH: CD:kc c: Gary Wayne Clyde Wickham Bobbie Hoder File Copy Data Entry Planning Aide 2075 La Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 ISSUES OF CONCERN Planning: Specific Plan -211 1. Please revise Figure 3 (Zoning) to delete the "Proposed Zoning" from the legend. This figure should reflect the zones that would exist assuming that ZCA 97-05 is approved. 2. Please incorporate into SP-211 concept site plans for all project open space and recreation areas. 3. Page 11-16 - Please revise the third sentence of the Open Space section as follows," Other open space areas include employee eating areas, a pedestrian trail system with par course equipment, landscaped setbacks and slope areas". 4. Page 111-1 - Please revise the second paragraph of the Primary Uses section as follows, "The only uses that are permitted upon those lots which are located adjacent to the eastern boundary of the Specific Plan (lots 1, 15, and 16) shall be office or open space uses". This land use restriction is recommended for the primary purpose of avoiding potential land use impacts (i.e.; traffic, noise, visual impacts and air emissions) associated with locating manufacturing and/or warehouse uses adjacent to the existing single family residences to the east. 5. Please revise the proposed development phasing schedule and exhibit (Page IV-4) to be consistent with the proposed sewer phasing schedule and exhibit (Page 11-13). 6. Page IV-3 - Please include open space lots #23 and 26 in the first phase of project development. Also include a provision stating that open space lot #25, including the trail, will be constructed upon completion of sewer facilities improvements within said lot. 7. Page V-2 - Please revise the Eastern Boundary Setback as follows, "A building setback of 100 feet shall be required from the eastern boundary of lots 1,15 and 16, which are located adjacent to existing single family residences. At least 50 feet of this setback shall be landscaped and irrigated, and a berm shall be constructed to provide a visual buffer between the two land uses". Figure 6 (Boundary Cross Sections) should also be revised consistent with this recommended setback standard. 8. Page V-3 - Please revise the Northern Boundary Setback as follows, "All buildings proposed on lots 2 and 3 shall comply with the more restrictive of the following setbacks: a. A minimum of 75 feet from the northern property line; and b. A minimum of 50 feet from the toe of slope which is located along the northern property line of lots 2 and 3. 9. At least 50 feet of this setback adjacent to the northern boundary of these lots (or to the toe of slope) shall be landscaped and irrigated to buffer and screen the buildings on these lots from Dawson Los Monos Canyon. Figure 6 (Boundary Cross Sections) should also be revised consistent with this recommended setback standard. 10. Pages V-8 and V-11- Streetscape and Street-side Setback, Interior Slope and Setback, Perimeter Screening, Outdoor Eating Area: a. Please minimize the number of eucalyptus trees in all of these areas. It is strongly suggested that no more than 25% of the total trees in any one area be of a eucalyptus variety; b. Grevillea robusta, Silk Oak is brittle and messy. Please substitute with an Evergreen; and c. Xylosma congestum, Xylosma - white fly is a serious pest. Please substitute an alternative type of shrub. 11. Page V-19 - Pedestrian Trail - Please revise this section as follows, " Prior to the approval of a final map for any phase of the Carlsbad Oaks North Businesspark, the developer shall provide an irrevocable offer of dedication to the City of Carlsbad for a trail easement for Trail #26 within lots 21, 24 and 25. If the City of Carlsbad accepts dedication of the trail easement, the trail shall be constructed as a public trail and will be the maintenance and liability responsibility of the City of Carlsbad. If the City of Carlsbad does not accept dedication of the trail easement, the trail shall be constructed by the developer upon completion of sewer facilities improvements within lot # 25 within the Carlsbad Oaks North Businesspark, but it shall be constructed as a private trail and shall be the maintenance and liability responsibility of the Carlsbad Oaks North Businesspark Association". 12. Page V-20 - Please revise the Performance Standards section Q.1. to be consistent with the noise performance standard subsection 21.34.090(1) of the P-M zone. Also, because of the proximity of the adjacent residences, please add the following performance standard, " The maximum permitted noise level for uses on lots 1,15 and 16 between the hours of 6:00 p.m. and 7:00 a.m. shall be 60 Ldn as measured at the property line and 55 Ldn if the noise is repetitive in nature". 13. Please incorporate the minor revisions to the Specific Plan consistent with the attached strike-out/revision pages I-8, 11-13,11-16, V-8, V-11, and VI-1. 14. Pages VI-1 - VI-2 - This section of the Specific Plan will need to be revised to incorporate Mitigation Measures included within the project environmental impact report. CT97-13 1. Please revise the proposed project grading so that all manufactured slopes which are greater than 20 feet in height and 200 feet in length and which are visible from Faraday Avenue, El Fuerte Street, "D" Street (a Collector Street), useable open space areas (including Carlsbad Trail No. 26) or adjacent residences are contour graded. Contour grading means a grading concept designed to result in earth forms (slopes) which resemble natural terrain. Horizontal and vertical curve variations (ranging from 2:1 to 3:1 slope gradients) should be used for slope banks. The proposed variable gradient slope contours should be clearly shown and labeled on the tentative map. 2. Please show the site details (including par course amenities along the pedestrian trail) for all employee eating areas and open space lots. These site details should be included within the specific plan as well as part of the landscape concept plan. 3. Please add a cross-section for a 10' wide decomposed granite pedestrian trail within a 20' wide trail easement to the tentative map. 4. Please increase the size of the proposed eating area to the north of Street "D". 5. The analysis of the Carlsbad Oaks North Business Park Biological Impacts and Conservation Measures (Dudek & Associates, December 1997) makes a conclusion that the resource agencies have adopted a 50% of project area conservation standard for assessing compliance with the Carlsbad Habitat Management Plan and Multiple Habitat Management Plan. Based upon this standard, the project would require 54 habitat credits (acres) of off-site mitigation. The resource agencies have not adopted the 50% of project area conservation standard, and therefore the adequacy of the proposed project mitigation can not be determined at this time. 6. Please revise the grading plan for off-site Faraday Avenue to include proposed contours. As proposed, the extension of Faraday Avenue to the west will create fill slopes in excess of 50 feet tall and significantly impact Southern Coast Live Oak Riparian Forest. These project impacts may be able to be avoided if a bridge over the drainage, which bisects the site, is incorporated into the road design. HDP 97-10 1. Per subsection 21.95.140(6) of the Carlsbad Municipal Code, please submit an alternative grading plan that illustrates a project which is designed consistent with the development standards of the Hillside Development Ordinance and a proposed grading plan which illustrates the extent and type of requested standards modifications. The exhibits which you previously submitted should be revised to clearly illustrate the alternatives and each alternative exhibit should be labeled. 2. This project is proposing the creation of numerous manufactured slopes which are greater than 40 feet in height. Section 21.95.140 of the Hillside Ordinance specifies that the decisionmaking body may approve a modification to this manufactured slope height standard provided that the proposed development complies with the Purpose and Intent provisions of the Ordinance and the modification will either result in significantly more open space or more aesthetically pleasing and natural appearing manufactured slopes than would a strict adherence to the development standards of the Hillside Ordinance. Pursuant to Subsection 21.95. HOC of the Hillside Ordinance, please submit written and graphic exhibits and a detailed mitigation and landscaping plan to justify the proposed standards modification. Engineering: Engineering Department issues will follow under separate cover. ¥: Cliy of Vista City of Vista H'gnT-ZQRlng^e)- I (P-M and O-S) P-M palomar Airport ROQ^ •>-M k—El Fuerte Street North No Scale Design Group BUSINESS PARK Figure 3 Zoning Carlsbad Oaks North Specific Plan Public Facilities 1. Transportation Facilities Access to the property is currently provided by Palomar Airport Road, shown as a 126-foot ROW prime arterial roadway on the Circulation Element of the General Plan. The approved subdivision map for Area A shows two loop streets from Palomar Airport Road intersecting El Fuerte Road approximately 600 feet north of Palomar Airport Road Driveway locations have been determined as part of this Specific Plan, as shown on Figure 5. These driveway locations are in conformance with the City Standard, and will be adhered to when future Planned Industrial Permits (PIP) are applied for. Deviations from this plan or from City Standards will necessitate an amendment to this Specific Plan. El Fuerte Street will be extended as a part of this Specific Plan to intersect with the future Faraday Avenue, shown as a 84-foot ROW Secondary Arterial on the Circulation Element of the General Plan. The alignment of Faraday Avenue will be carefully considered to minimize any impacts on Agua Hedionda Creek and still function as intended by the Circulation Element. Faraday Avenue may be constructed to secondary arterial street standards connecting Orion Drive on the west and Melrose Drive to the east as part of this project, however, the financial obligation of this roadway west of the project boundary to Orion Drive is not solely the responsibility of this project. All of the roadways will be public, designed and built by the developer in accordance with City standards for industrial streets and the developer shall pay the traffic impact fee (TIP) in affect for this area at the time of building permits. Sewer Facilities Sewer service for Carlsbad Oaks North is proposed as two phases with the second phase having two options. Phase I (Lots 1,2, 9, 11, 14-17, and 20) 11—13 artsbad Oaks North Specific Plan Because the Carlsbad Oaks North project will be constructing facilities planned for in the City Master Drainage Plan as discussed above, the applicant will be requesting fee credits and reimbursements as allowed for in paragraph J of page 46 of the Master Drainage Plan. Refer also to Drainage/Erosion Control/Water Quality Section of Mitigation Measures, below. *. D. Open Space Preservation of open space, and particularly the large open space habitat corridor which wraps around the Specific Plan area from the northwest to^e southeast, is an important aspect of the Specific Plan. Open space constitutes the largest single land use within the Specific Plan area, and much of the Specific Plan open space is in this large, contiguous habitat corridor. Other open space areas include employee eating areas, a~ pedestrian trail system wi par course equipment, landscaped setbacks, and slope areas. All designated open space areas are to be maintained by the Carlsbad Oaks North Business Park Association. Four open space categories are addressed within the Carlsbad Oaks North Specific Plan Area. 1. Open Space for the Preservation of Natural Resources 200.7 acres of dedicated open space. The large open space habitat corridor, which wraps around the Specific Plan area from the northwest to the southeast, is preserved for Habitat Management Plan reasons including the preservation of Agua Hedionda Creek as a significant and important environmental and aesthetic resource. * 2. Open Space for the Managed Production of Resources This area has not recently been used for agricultural purposes, or mined for mineral reasons. No portion of the Specific Plan will be reserved for the production of such resources. 3. Open Space for Outdoor Recreation 1.2 miles (6,400 linear feet) of Pedestrian Trail with]aiea^flrrelaig^ par course equipment. 0.8 acres of private recreational facilities (employee eating areas). 4. Open Space for Public Health and Safety A limited amount of manufactured slopes is maintained in open space. 11—16 Carlsbad Oaks North Specific Plan irrigation and minimal maintenance to eventually naturalize. The irrigation should be reduced incrementally in the lower areas to allow the plants to become less and less dependent on irrigation water and fully naturalize to the site. Naturalizing slope tree suggestions: Arbutus unedo Lyonothamnus floribundus Malosma lamina Platanus racemosa Quercus agrifolia Sambucus mexicana Schinus molle E. Perimeter Screening Areas: Strawberry Tree Catalina Ironwood Laurel Sumac* California Sycamore Coast Live Oak Mexican Elderberry California Pepper Slopes along the north and eastern edge of the property, adjacent to Dawson Los Manos Canyon Preserve and residential areas respectively, require plant material with screening qualities. Each area to be planted shall be carefully evaluated and plant materiel located to achieve maximum screening potential. Planting shall be placed in reference to anticipated building locations. To screen views of buildings at higher locations, large shrubs should be massed at top of slope with dense, screening trees placed further down the slope. To screen views of buildings at lower locations, trees and shrubs should be massed at top of slope. Plant material for screening should be predominately evergreen. Perimeter screening tree suggestions: Eucalyptus species f''-GtasviHca-ro6usta~~— Sitt_Qak_ Pinus species Pine Schinus molle California Pepper F. Outdoor Eating Areas: Two passive outdoor eating areas shall be developed within the specific plan. These sites shall be installed by the developer and provided for the tenants of the business park. Passive outdoor uses such as individual lunches, small informal employee gathering or "breaks" from work are intended V—8 Carlsbad Oaks North Specific Plan^ VTION MEASURES:/ Relationship to Environmental Impact Report Jljfijikslytharran-finviroinra^^ The development of the Carlsbad Oaks^North Specific Plan shall be consistent with recommendations found in the Environmental (61^ £\t>~ ""} St- -^<- •- i -VvX ' Impact Report^fa the ahwnrp nfin FnirimnmMiUl TII^IUI I PPIUIII llnvHupniHIII Ii1igtrtffrnilro<to>ntjiaili» ^^ B. Mitigation Measures The following mitigation measures shall control the overall development of the Carlsbad Oaks North Specific Plan The developer shall be responsible for implementing the mitigation measures for the project. The development of the Carlsbad Oaks North Specific Plan shall be consistent with the Zone 16 Local Facilities Management Plan. 1. Grading/Foundation Design a) The conclusions and recommendations of the final geotechnical study required by the Subdivision Map Act shall be incorporated into this project. b) The ultimate engineering design of the project will incorporate the specific recommendations of the geology consultant relative to design criteria and foundation development. c) Clearing of ground cover in advance of actual grading operation will be avoided, unless approved by the City of Carlsbad. d) All graded or fill slopes shall be revegetated immediately after grading. e) A soils engineer shall review the final grading operations on the site. Geologic conditions may require grading beyond the limits of grading shown on the tentative map (CT97-13). Such grading would only be performed as recommended by the soils engineer and engineer of work in which case the site would be restored and re-vegetated with natural vegetation that is compatible with the existing adjacent vegetation. f) Manufactured slopes will be kept to the plan-approved height to contribute to an aesthetic streetscape. VI—1 JUN--03-9B WED 14:53 FAX NO. 6192232865 P. 02 City of Carlsbad Planning Department May 28, 1998 Mr. Paul K. Tchang Techbuilt Construction Corporation 3557 Kenyon Street San Diego, CA92110 JUN 0 3 1998 BY: SUBJECT: SP-211/CT97-13/HDP97-10/SUP97-07/GPA97-05/ZCA97-05 - OAKS NORTH CARLSBAD Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Specific Plan, Tentative Map, Hillside Development Permit, Special Use Permit, General Plan Amendment, and Zone Code Amendment, application nos. SP-211, CT97-13, HDP 97-10, .SUP97-07, GPA97-05. and ZCA97-05, for project issues which are of concern to staff. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. Please contact your staff planner, Chris DeCerbo, at (760) 438-1161, extension 4445, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, EL J. HOL2MILLER Directornmg MJH: CD:kc c: Gary Wayne Clyde Wickham Bobbie Hoder File Copy Data Entry Planning Aide RECEIVED RECEIVED JUN 03 1398 LADMIfi DESIGN 6R 2075 La Palmas Dr. - Carlsbad, CA 92009-1576 * (760) 438-1161 • FAX (760) 438-0894 JUlH)3-98 WED 14:53 T FAX NO. 6192232865 P. 03 ISSUES OF CONCERN Planning: Specific Plan .-211 1. Please revise Figure 3 (Zoning) to delete the "Proposed Zoning" from the legend. This figure should reflect the zones that would exist assuming that ZCA 97-05 is approved. 2. Please incorporate into SP-211 concept site plans for all project open space and recreation areas. 3. Page 11-16 - Please revise the third sentence of the Open Space section as follows," Other open space areas include employee eating areas, a pedestrian trail system with par course equipment, landscaped setbacks and slope areas". 4. Page 111-1 - Please revise the second paragraph of the Primary Uses section as follows, "The only uses that are permitted upon those lots which are located adjacent to the eastern boundary of the Specific Plan (lots 1, 15, and 16) shall be office or open space uses". This land use restriction is recommended for the primary purpose of avoiding potential land use impacts (i.e.; traffic, noise, visual impacts and air emissions) associated with locating manufacturing and/or warehouse uses adjacent to the existing single family residences to the east. 5. Please revise the proposed development phasing schedule and exhibit (Page IV-4) to be consistent with the proposed sewer phasing schedule and exhibit (Page 11-13). 6. Page IV-3 - Please include open space lots #23 and 26 in the first phase of project development. Also include a provision stating that open space lot #25, including the trail, will be constructed upon completion of sewer facilities improvements within said lot. 7. Page V-2 - Please revise the Eastern Boundary Setback as follows, "A building setback of 100 feet shall be required from the eastern boundary of lots 1,15 and 16, which are located adjacent to existing single family residences. At least 50 feet of this setback shall be landscaped and irrigated, and a berm shall be constructed to provide a visual buffer between the two land uses". Figure 6 (Boundary Cross Sections) should also be revised consistent with this recommended setback standard.JJ 8. Page V-3 - Please revise the Northern Boundary Setback as follows, "All buildings proposed on lots 2 and 3 shall comply with the more restrictive of the following setbacks: a. A minimum of 75 feet from the northern property line; and b. A minimum of 50 feet from the toe of slope which is located along the northern property line, of lots 2 and 3. JUN-03-98 WED 14:54 T FAX NO. 6192232865 P.04 9. At least 50 feet of this setback adjacent to the northern boundary of these lots (or to the toe of slope) shall be landscaped and irrigated to buffer and screen the buildings on these lots from Dawson Los Monos Canyon. Figure 6 (Boundary Cross Sections) Should also be revised consistent with this recommended setback standard. 10. Pages V-8 and V-11- Streetscape and Street-side Setback, Interior Slope and Setback, Perimeter Screening, Outdoor Eating Area: ' a. Please minimize the number of eucalyptus trees in all of these areas. It is strongly suggested that no more than 25% of the total trees in any one area be of a eucalyptus variety; b. Grevillea robusta, Silk Oak is brittle and messy. Please substitute with an Evergreen; and c. Xylosma congestum, Xylosma - white fly is a serious pest. Please substitute an alternative type of shrub. 11. Page V-19 - Pedestrian Trail - Please revise this section as follows, " Prior to the approval of a final map for any phase of the Carlsbad Oaks North Businesspark, the developer shall provide an irrevocable offer of dedication to the City of Carlsbad for a trail easement for Trail #26 within lots 21, 24 and 25. If the City of Carlsbad accepts dedication of the trail easement, the trail shall be constructed as a public trail and will be the maintenance and liability responsibility of the City of Carlsbad. If the City of Carlsbad does not accept dedication of the trail easement, the trail shall be constructed by the developer upon completion of sewer facilities improvements within lot # 25 within the Carlsbad Oaks North Businesspark, but it shall be constructed as a private trail and shall be the maintenance and liability responsibility of the Carlsbad Oaks North Businesspark Association". 12. Page V-20 - Please revise the Performance Standards section Q.1. to be consistent with the noise performance standard subsection 21.34.090(1) of the P-M zone. Also, because of the proximity of the adjacent residences, please add the following performance standard," The maximum permitted noise level for uses on lots 1, 15 and 16 between the hours of 6:00 p.m. and 7:00 a.m. shall be 60 Ldn as measured at the property tine and 55 Ldn if the noise is repetitive in nature". 13. Please incorporate the minor revisions to the Specific Plan consistent with the attached strike-out/revision pages I-8, IM3,11-16, V-8, V-11, and VI-1. 14. Pages VI-1 - VI-2 - This section of the Specific Plan will need to be revised to incorporate Mitigation Measures included within the project environmental impact report. CT97-13 1. Please revise the proposed project grading so that all manufactured slopes which are greater than 20 feet in height and 200 feet in length and which are visible from JUN---03-98 WED 14:54 T FAX NO. 6192232865 P. 05 Faraday Avenue, El Fuerte Street, "D" Street (a Collector Street), useable open space areas (including Carlsbad Trail No. 26) or adjacent residences are contour graded. Contour grading means a grading concept designed to result in earth forms (slopes) which resemble' natural terrain. Horizontal and vertical curve variations (ranging from 2:1 to 3:1 slope gradients) should be used for slope banks. The proposed variable gradient slope contours should be clearly shown and labeled on the tentative map./ 2. Please show the site details (including par course amenities along the pedestrian trail) for all employee eating areas and open space lots. These site details should be included within the specific plan as well as part of the landscape concept plan. 3. Please add a cross-section for a 10' wide decomposed granite pedestrian trail within a 20' wide trail easement to the tentative map. 4. Please increase the size of the proposed eating area to the north of Street "D". 5. The analysis of the Carlsbad Oaks North Business Park Biological Impacts and Conservation Measures (Dudek & Associates, December 1997) makes a conclusion that the resource agencies have adopted a 50% of project area conservation standard for assessing compliance with the Carlsbad Habitat Management Plan and Multiple Habitat Management Plan. Based upon this standard, the project would require 54 habitat credits (acres) of off-site mitigation. The resource agencies have not adopted the 50% of project area conservation standard, and therefore the adequacy of the proposed project mitigation can not be determined at this time. 6. Please revise the grading plan for off-site Faraday Avenue to include proposed contours. As proposed, the extension of Faraday Avenue to the west will create fill slopes in excess of 50 feet tall and significantly impact Southern Coast Live Oak Riparian Forest. These project impacts may be able to be avoided if a bridge Over the drainage, which bisects the site, is incorporated into the road design. HDP 97-10 1. Per subsection 21.95.140(8) of the Carlsbad Municipal Code, please submit an alternative grading plan that illustrates a project which is designed consistent with the development standards of the Hillside Development Ordinance and a proposed grading plan which illustrates the extent and type of requested standards modifications. The exhibits which you previously submitted should be revised to clearly illustrate the alternatives and each alternative exhibit should be labeled. 2. This project is proposing the creation of numerous manufactured slopes which are greater than 40 feet in height. Section 21.95.140 of the Hillside Ordinance specifies that the decisionmaking body may approve a modification to this manufactured slope height standard provided that the proposed development complies with the Purpose and Intent provisions of the Ordinance and the modification will either result in significantly more open space or more aesthetically pleasing and natural appearing manufactured slopes than would a strict adherence to the development standards of the Hillside Ordinance. Pursuant to Subsection 21.95.140C of the Hillside JUN-03-98 WED 14:55 T FAX NO. 6192232865 P.06 Ordinance, please submit written and graphic exhibits and a detailed mitigation and landscaping plan to justify the proposed standards modification. Engineering: \ / Engineering Department issues will follow under separate cover JUN-03-98 WED 14:55 FAX NO, 6192232865 P.07 Oily of Vista Chyof Vista paiomar Airport Road Design Group Figure 3 Zoning JUN-03-98 WED 14:56 ife FAX NO. 6192232865 P. 08 r»jj± ^nrtst>ad'Qak)3:Nbrth. Specific Plan . . », ,V', 1%> •:•?*•• !.*1 a: rj. Public Facilities 1. Transportation Facilities Access to the property is currently provided by Palomar Airport Road, shown as a 126-foot ROW prime arterial roadway on the Circulation Element of (he General Plan. The approved subdivision map for Area A X shows two loop streets from Palomar Airport Road intersecting El Fuerte Road approximately 600 feet north of Palomar Airport Road Driveway locations have been determined as part of this Specific Plan, as shown on Figure 5. These driveway locations are in conformance with the City Standard, and will be adhered to when future Planned Industrial Permits (PIP) are applied for. Deviations from this plan or from City Standards will necessitate an amendment to this Specific Plan. El Fuerte Street will be extended as a part of this Specific Plan to intersect with the future Faraday Avenue, shown as a 84-foot ROW Secondary Arterial on the Circulation Element of the General Plan. The alignment of Faraday Avenue will be carefully considered to minimize any impacts on Agua Hedionda Creek and still function as intended by the Circulation Element Faraday Avenue may be constructed to secondary arterial street standards connecting Orion Drive on the west and Melrose Drive to the east as pan of this project, however, the financial obligation of this roadway west of (he project boundary to Orion Drive is not solely the responsibility of this project All of the roadways will be public, designed and built by the developer in accordance with City standards for industrial streets and the developer shall pay the traffic impact fee (TIP) in affect for this area at the time of building permits. £/ Sewer Facilities /TSewer service for Carlsbad Oaks North is proposed as two phases with the second phase having two options. Phase I (Lots I, 2, 9,11,14-17, and 20) t JUN-03-98 WED 14:56 T FAX NO. 6192232865 P,09 Because the Carlsbad Oaks North project will be constructing facilities planned for in the City Master Drainage Plait as discussed above, the applicant will be requesting fee credits and reimbursements as allowed V, / for in paragraph J of page 46 of the Master Drainage Plan. Refer also to Drainage/Erosion Control/Water Quality Section of Mitigation Measures, below. , *. D. Open Space Preservation of open space, and particularly the large open space habitat corridor which wraps around the Specific Plan area from the northwest tojhe southeast, is an important aspect of the Specific Plan. Open space constitutes the largest single land use within the Specific Plan area, and much of the Specific Plan open space is in this large, contiguous habitat corridor. Other open space areas include employee eating areas, a \^r\. pedestrian trail system par course equipment, landscaped setbacks, and slope areas. All designated open space areas are to be maintained by the Carlsbad Oaks North Business Park Association. Four open space categories are addressed within the Carlsbad Oaks North Specific Plan Area. 1. Open Space for the Preservation of Natural Resources 200.7 acres of dedicated open space. The large open space habitat corridor, which wraps around the Specific Plan area from the northwest to the southeast, is preserved for Habitat Management Plan reasons including the preservation of Agua Hedionda Creek as a significant and important environmental and aesthetic resource. 2. Open Space for the Managed Production of Resources This area has not recently been used for agricultural purposes, or mined for mineral reasons. No portion of the Specific Plan will be reserved for the production of such resources. 3. Open Space for Outdoor Recreation 1.2 miles (6,400 linear feet) of Pedestrian Trail withrca^^tgbHpar course equipment. 0.8 acres of private recreational facilities (employee eating areas). 4. Open Space for Public Health and Safety . A limited amount of manufactured slopes is maintained in open space. 11—16 JUN-03-98 WED 14:57 FAX NO. 6192232865 P, 10 I I I I I I irrigation and minimal maintenance to eventually natunili/c. 'Flic irrigation should be reduced incrementally in the lower areas to allow the plants to become less and less dependent on irrigation water and fully naturalize to ihe site. Naturalizing slope tree suggestions: Arbutus uncdo Lyonothamnus floribundus Malosma lamina Platanus raceznosa Quercus agrifolia Sambucus modcana Schinus molle E. Perimeter Screening Areas: Strawberry Tree Calalina Ironwood Laurel Sumac» California Sycamore Coast Live Oak Mexican Elderberry California Pepper Slopes along the north and eastern edge of the property, adjacent to Dawson Los Manos Canyon Preserve and residential areas respectively, require plant material with screening qualifies. Each area to be planted shall be carefully evaluated and plant materiel located to achieve maximum screening potential. Planting shall be placed in reference to anticipated building locations. To screen views of buildings at higher locations, large shrubs should be massed at top of slope with dense, screening trees placed further down the slope. To screen views of buildings at lower locations, uees and shrubs should be massed at top of slope. Plant material for screening should be predominately evergreen. . Perimeter screening tree suggestions: Eucalyptus species ,^-—" """• -— -6sewferr5bustJF^ SlUtQak-, Pinus species Pine Schinus molle California Pepper F. Outdoor Eating Areas: Two passive outdoor eating areas shall be developed within the specific plan. These sites shall be installed by the developer and provided for the tenants of the business park. Passive outdoor uses such as individual lunches, small informal employee gathering or "breaks" from work are intended V—8 JUN-04-98 THU 11:26 CITY OF CARLSBAD COHH DE FAX NO. 4380894 P. 02 g|i&1i:/fe^ Shrubs and Groundcovcrs The following is a list of suggested shrubs and groundcover to be used within each of the landscape treatment areas throughout the project. They are categorized by intended use. Accent Shrubs: Annual Color Agapanthus africanus Hemerocallis hybrid Limonium perezii Phormium tcnax Ornamental and Massing Shrubs: AbeHa grandiflora Acacia rcdolcns Bougainvillea spp. Escallonia Trades!? Gicvillea 'Nocllii' Rhaphiolepis spp. Tecomaria capensis Lily-of-thc-Nile >. Dayliry Sea Lavender Flax Glossy Abelia Prostrate Acacia Bougainvillea Escallonia Grcvillca Hawthorn Cape Honeysuckle Drought Tolerant / Naturalizing Shrubs: Ceanothus spp. Wild Lilac Cistusspp. Rock Rose Conxanostaphylis diversifolia Summer Holly Heteromeles arbutifolia Toyon Rhus integnfolia Lemonade Berry I V—11 RECEIVED JUN 04 1998 LADUI6 DESIGN 6R -03-98 WED 14:58 I FAX NO. 6192232865 Notth SpedfitePlahr : W . . -. P. 11 ^5&$*-iv'.'.rV!•y. Relationship to Environmental Impact Report trtivfetrtromn^ The development of the Carlsbad Oaks>Nonh Specific Plan shall be consistent with recommendations found in the Environmental Impact v^r&iTiftf.^^^^f^Tt^.Cr,^...,^.^. PT..I ry».ui..p..Mpi-mmi m* »,»* B. Mitigation Measures The following mitigation measures shall control the overall development of the Carlsbad Oaks North Specific Plan The developer shall be responsible for implementing the mitigation measures for the project The development of the Carlsbad Oaks North Specific Plan shall be consistent with the Zone 16 Local Facilities Management Plan. 1. Grading/Foundation Design a) The conclusions and recommendations of the final geotechnical study required by the Subdivision Map Act shall be incorporated into this project. b) The ultimate engineering design of the project will incorporate the specific recommendations of the geology consultant relative to design criteria and foundation development, c) Clearing of ground cover in advance of actual grading operation will be avoided, unless approved by the City of Carlsbad. d) All grated or fill slopes shall be revegetated immediately after grading. e) A soils engineer shall review ihe final grading operations on the site. Geologic conditions may require'grading beyond the limits of grading shown on the tentative map (CT97-13). Such grading would only be performed as recommended by the soils engineer and engineer of work in which case the site would be restored and re-vegetated with natural vegetation that is compatible with the existing adjacent vegetation. f) Manufactured slopes will be kept to the plan-approved height to contribute to an aesthetic sircctscape. VI—1 JUN-03-98 WED 14:53 FAX NO. 6192232865 P, 02 City of Carlsbad Planning Department May 28, 199S Mr. Paul K. Tchang Techbuilt Construction Corporation 3557 Kenyon Street San Diego, CA 92110 JUN 0 3 1998 BY; SUBJECT: SP-211 /CT97-13/HDP97-10/SUP97-07/GPA97-05/ZCA97-05 OAKS NORTH CARLSBAD Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Specific Plan, Tentative Map, Hillside Development Permit, Special Use Permit, General Plan Amendment, and Zone Code Amendment, application nos. SP-211, CT97-13, HDP 97-10, SUP97-07, GPA97-05. and ZCA97-05, for project issues which are of concern to staff. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. Please contact your staff planner, Chris DeCerbo, at (760) 438-1161, extension 4445, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, teL J. HOI&MILLER Plashing Director MJH: CD:kc c: Gary Wayne Clyde Wickham Bobbie Hoder File Copy Data Entry Planning Aide RECEIVED RECEIVED JUN 03 1338 LADMI6 DESIGN 6R 2075 La Palmas Dr. - Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 JUN-03-98 WED 14:53 T FAX NO. 6192232865 P. 03 ISSUES OF CONCERN Planning: Specific Plan .-211 1. Please revise Figure 3 (Zoning) to delete the "Proposed Zoning" from the legend. This figure should reflect the zones that would exist assuming that ZCA 97-05 is approved. 2. Please incorporate into SP-211 concept site plans for all project open space and recreation areas. 3. Page 11-16 - Please revise the third sentence of the Open Space section as follows," Other open space areas include employee eating areas, a pedestrian trail system with par course equipment.landscaped setbacks and slope areas". N 4. Page ill-1 - Please revise the second paragraph of the Primary Uses section as follows, "The only uses that are permitted upon those lots which are located adjacent to the eastern boundary of the Specific Plan (lots 1, 15, and 16) shall be office or open space uses". This land use restriction is recommended for the primary purpose of avoiding potential land use impacts (i.e.; traffic, noise, visual impacts and air emissions) associated with locating manufacturing and/or warehouse uses adjacent to the existing single family residences to the east. 5. Please revise the proposed development phasing schedule and exhibit (Page IV-4) to be consistent with the proposed sewer phasing schedule and exhibit (Page 11-13). 6. Page lV-3 - Please include open space lots #23 and 26 in the first phase of project development. Also include a provision stating that open space lot #25, including the trail, will be constructed upon completion of sewer facilities improvements within said lot. ^ 7. Page V-2 - Please revise the Eastern Boundary Setback as follows, "A building setback of 100 feet shall be required from the eastern boundary of lots 1,15 and 16, which are located adjacent to existing single family residences. At least 50 feet of this setback shall be landscaped and irrigated, and a berm shall be constructed to provide a visual buffer between the two land uses". Figure 6 (Boundary Cross Sections) should also be revised consistent with this recommended setback standard. 8. Page V-3 - Please revise the Northern Boundary Setback as follows, "All buildings proposed on lots 2 and 3 shall comply with the more restrictive of the following setbacks: a. A minimum of 75 feet from the northern property line; and b. A minimum of 50 feet from the toe of slope which is located along the northern property line of lots 2 and 3. JUN-03-98 WED 14:54 T FAX NO. 6192232865 P. 04 9. At least 50 feet of this setback adjacent to the northern boundary of these lots (or to the toe of slope) shall be landscaped and irrigated to buffer and screen the buildings on these lots from Dawson Los Monos Canyon. Figure 6 (Boundary Cross Sections) should also be revised consistent with this recommended setback standard. 10. Pages V-8 and V-11- Streetscape and Street-side Setback, Interior Slope and Setback, Perimeter Screening, Outdoor Eating Area: " a. Please minimize the number of eucalyptus trees in all of these areas. It is strongly suggested that no more than 25% of the total trees in any one area be of a eucalyptus variety; b. Grevillea robusta, Silk Oak is brittle and messy. Please substitute with an Evergreen; and c. Xylosma congestum, Xylosma - white fly is a serious pest. Please substitute an alternative type of shrub. 11. Page V-19 - Pedestrian Trail - Please revise this section as follows," Prior to the approval of a final map for any phase of the Carlsbad Oaks North Businesspark, the developer shall provide an irrevocable offer of dedication to the City of Carlsbad for a trail easement for Trail #26 within lots 21, 24 and 25. If the City of Carlsbad accepts dedication of the trail easement, the trail shall be constructed as a public trail and will be the maintenance and liability responsibility of the City of Carlsbad. If the City of Carlsbad does not accept dedication of the trail easement, the trail shall be constructed by the developer upon completion of sewer facilities improvements within lot # 25 within the Carlsbad Oaks North Businesspark, but it shall be constructed as a private trail and shall be the maintenance and liability responsibility of the Carlsbad Oaks North Businesspark Association". 12. Page V-20 - Please revise the Performance Standards section Q.1. to be consistent with the noise performance standard subsection 21.34.090(1) of the P-M zone. Also, because of the proximity of the adjacent residences, please add the following performance standard, " The maximum permitted noise level for uses on lots 1, 15 and 16 between the hours of 6:00 p.m. and 7:00 a.m. shall be 60 Ldn as measured at the property line and 55 Ldn if the noise is repetitive in nature". 13. Please incorporate the minor revisions to the Specific Plan consistent with the attached strike-out/revisioh pages I-8,11-13,11-16, V-8, V-11, and VI-1. 14. Pages VI-1 - VI-2 - This section of the Specific Plan will need to be revised to incorporate Mitigation Measures included within the project environmental impact report. CT97-13 1. Please revise the proposed project grading so that all manufactured slopes which are greater than 20 feet in height and 200 feet in length and which are visible from JUN-03-98 WED 14:54 T FAX NO. 6192232865 P.05 Faraday Avenue, El Fuerte Street, "D" Street (a Collector Street), useable open space areas (including Carlsbad Trail No. 26) or adjacent residences are contour graded. Contour grading means a grading concept designed to result in earth forms (slopes) which resemble' natural terrain. Horizontal and vertical curve variations (ranging from 2:1 to-3:t~slope gradients) should be used for slope banks. The proposed variable gradient slope contours should be clearly shown and labeled on the tentative map. 2. Please show the site details (including par course amenities along the pedestrian trail) for all employee eating areas and open space lots. These site details should be included within the specific plan as well as part of the landscape concept plan. 3. Please add a cross-section for a 10' wide decomposed granite pedestrian trail within a 20' wide trail easement to the tentative map. 4. Please increase the size of the proposed eating area to the north of Street "D". 5. The analysis of the Carlsbad Oaks North Business Park Biological Impacts and Conservation Measures (Dudek & Associates, December 1997) makes a conclusion that the resource agencies have adopted a 50% of project area conservation standard for assessing compliance with the Carlsbad Habitat Management Plan and Multiple Habitat Management Plan. Based upon this standard, the project would require 54 habitat credits (acres) of off-site mitigation. The resource agencies have not adopted the 50% of project area conservation standard, and therefore the adequacy of the proposed project mitigation can not be determined at this time. 6. Please revise the grading plan for off-site Faraday Avenue to include proposed contours. As proposed, the extension of Faraday Avenue to the west will create fill slopes in excess of 50 feet tali and significantly impact Southern Coast Live Oak Riparian Forest. These project impacts may be able to be avoided if a bridge over the drainage, which bisects the site, is incorporated into the road design. HDP 97-10 # 1. Per subsection 21.95.140(6) of the Carlsbad Municipal Code, please submit an alternative grading plan that illustrates a project which is designed consistent with the development standards of the Hillside Development Ordinance and a proposed grading plan which illustrates the extent and type of requested standards modifications. The exhibits which you previously submitted should be revised to clearly illustrate the alternatives and each alternative exhibit should be labeled. 2. This project is proposing the creation of numerous manufactured slopes which are greater than 40 feet in height. Section 21.95.140 of the Hillside Ordinance specifies that the decisionmaking body may approve a modification to this manufactured slope height standard provided that the proposed development complies with the Purpose and Intent provisions of the Ordinance and the modification will either result in significantly more open space or more aesthetically pleasing and natural appearing manufactured slopes than would a strict adherence to the development standards of the Hillside Ordinance. Pursuant to Subsection 21.95.140C of the Hillside JUN-03-98 WED 14:55 T FAX NO. 6192232865 P.06 Ordinance, please submit written and graphic exhibits and a detailed mitigation and landscaping plan to justify the proposed standards modification. Engineering: Engineering Department issues will follow under separate cover. JUN-03-98 WED 14:55 FAX NO. 6192232865 P. 07 City of Vista C'rty of Vista ^^^^^i^^m^^ pa\omar Airport Road L-C North No Scale Dcsi9n Group Figure 3 Zoning JUN-03-98 WED 14:56 T FAX NO. 6192232865 P. 08 y. ;Csrtsbad:Oakis:Nbrth Specific Plan Public Facilities 1. Transportation Facilities Access to the property is currently provided by Palomar Airport Road, shown as a 126-foot ROW prime arterial roadway on the Circulation Element of the General Plan. The approved subdivision map for Area A shows two loop streets from Palomar Airport Road intersecting El Fuerte Road approximately 600 feet north of Palomar Airport Road. Driveway locations have been determined as part of this Specific Plan, as shown on Figure 5. These driveway locations are in conformance with the City Standard, and will be adhered to when future Planned Industrial . Permits (PIP) are applied for. Deviations from this plan or from City Standards will necessitate an 'f amendment to this Specific Plan. El Fuerte Street will be extended as a part of this Specific Plan to intersect with the future Faraday Avenue, shown as a 84-foot ROW Secondary Arterial on the Circulation Element of the General Plan. The alignment of Faraday Avenue will be carefully considered to minimize any impacts on Agua Hedionda Creek and still r:. function as intended by the Circulation Element Faraday Avenue may be constructed to secondary arterial '•iff-,' <••. '• ''\ street standards connecting Orion Drive on the west and Melrose Drive to the east as part of this project, however, the financial obligation of this roadway west of the project boundaiy to Orion Drive is not solely the .*!• responsibility of this project All of the roadways will be public, designed and built by the developer in accordance with City standards for industrial streets and the developer shall pay the traffic impact fee (TIP) in affect for this area at the time of building permits. Z/ Sewer Facilities /TSewer service for Carlsbad Oaks North is proposed as two phases with the second phase having two options. Phase I (Lots I, 2, 9,11, 14-17, and 20) U—13 JUN-03-98 WED 14:56 T FAX NO. 6192232865 P,09 Because the Carlsbad Oaks North project will be constructing facilities planned for in the Chy Master Drainage Plan as discussed above, the applicant will be requesting fee credits and reimbursements as allowed for in paragraph J of page 46 of the Master Drainage Plan. Refer also to Drainage/Erosion Control/Water Quality Section of Mitigation Measures, below. A. D. Open Space Preservation of open space, and particularly the large open space habitat corridor which wraps around the Specific Plan area from the northwest tojhe southeast, is an important aspect of the Specific Plan. Open space constitutes the largest single land use within the Specific Plan area, and much of the Specific Plan open space is in this large, contiguous habitat corridor. Other open space areas include employee eating areas, a ~x-• -i ^*—vx^ * >• pedestrian trail system wuhTuxiin fui^igjtgdjpar course equipment, landscaped setbacks, and slope areas. All designated open space areas are to be maintained by the Carlsbad Oaks North Business Park Association. Four open space categories are addressed within the Carlsbad Oaks North Specific Plan Area. 1. Open Space for the Preservation of Natural Resources 200.7 acres of dedicated open space. The large open space habitat corridor, which wraps around the Specific Plan area from the northwest to the southeast, is preserved for Habitat Management Plan reasons including the preservation of Agua Hedionda Creek as a significant and important environmental and aesthetic resource. 2. Open Space for the Managed Production of Resources This area has not recently been used for agricultural purposes, or mined for mineral reasons. Mo portion of the Specific Plan will be reserved for the production of such resources. 3. Open Space far Outdoor Recreation 1.2 miles (6,400 linear feet) of Pedestrian Trail withgaSTaaigjypar course equipment. 0.8 acres of private recreational facilities (employee eating areas). 4, Open Space for Public Health and Safety A limited amount of manufactured slopes is maintained in open space. It-16 JUN-03-98 WED 14:57 FAX NO. 6192232865 P. 10 I I I I I I *>'«I*:**sr.--If. f a^S,', ••>:..- irrigation and minimal maintenance to eventually naiuruli/c. The irrigation should be reduced incrementally in the lower areas to allow the plants to become less and less dependent on irrigation water and fully naturalize to the site. Naturalizing slope tree suggestions: Arbutus uncdo Lyonothamnus floribundus Malosma laurina Platanus racernosa Quercus agrifolia Sambucus mcxicana Schinus molle E. Perimeter Screening Areas: Strawberry Tree Calalina Ironwood Laurel Sumac* California Sycamore Coast Live Oak Mexican Elderberry California Pepper Slopes along the north and eastern edge of the property, adjacent to Dawson Los Manos Canyon Preserve and residential areas respectively, require plant material with screening qualities. Each area to be planted shall be carefully evaluated and plant materiel located to achieve maximum screening potential. Planting shall be placed in reference to anticipated building locations. To screen views of buildings at higher locations, large shrubs should be massed at top of slope with dense, screening trees placed further down the slope. To screen views of buildings at lower locations, trees and shrubs should be massed at top of dope. Plant material for screening should be predominately evergreen. Perimeter screening tree suggestions: Eucalyptus species '-GsevffieaTSousta"^^~~ giflcQak- Pinus species Pine Schinus molle California Pepper F, Outdoor Eating Areas: Two passive outdoor eating areas shall be developed within the specific plan. These sites shall be installed by the developer and provided for the tenants of the business park. Passive outdoor uses such as individual lunches, small informal employee gathering or "breaks" from work are intended V—8 JUN-04-98 THU 11:26 CITY OF CARLSBAD COMM DE FAX NO. 4380894 P. 02 gug%- '*•££& .^^J^li^^ : : •&; .•. U;i'j Shrubs and Groundcovers The following is a list of suggested shrubs and groundcover to be used within each of the landscape treatment areas throughout the project. They arc categorized by intended use. Accent Shrubs: Annual Color Agapanthus africanus Hcmerocaliis hybrid Limonium perezii Phormium tenax Ornamental and Massing Shrubs: Abetia grandiflora Acacia rcdolcns Bougainvillea spp. Escallonia Tradesii' Grcvillea 'Nocllii' Rhaphiolepis spp. Tecornarjajcapensis an Drought Tolerant / Naturalizing Shrubs: Ceanothos spp. Wild Lilac Cistus spp. Rock Rose Comorostophylis diversifolia Summer Holly Heteromeles arbutifolia Toyon Rbus integnfoJia Lemonade Berry Lily-of-the-Nile *> Daylily Sea Lavender Flax Glossy Abelia Prostrate Acacia Bougainvillea Escallonia Grcvillea Hawthorn Cape Hcuicysuckle V—11 RECEIVED JUN 0^ 1938 LADW!6 DESIGN 6R JUN-03-98 WED 14:58 FAX NO, 6192232865 P. 11 •'. I Relationship to Environmental Impact Report The development of the Carlsbad Ooks^Nonh Specific Plan shall be consistent with recommendations found in the Environmental Impact RgpftrtV'faftepkwT.^.-.fiT, p., j^mr.,, .1 T./JM, i nupnn >^i.i..|.ii.i.iii LH.miiu. >.]>.»;. tmn* nt i B. Mitigation Measures Tlie following mitigation measures shall control the overall development of the Carlsbad Oaks North Specific Plan The developer shall be responsible for implementing the mitigation measures for the project The development of the Carlsbad Oaks North Specific Plan shall be consistent with the Zone 16 Local Facilities Management Plan. 1. Grading/Foundation Design a) The conclusions and recommendations of the final geotechnical study required by the Subdivision Map Act shall be incorporated into this project. b) The ultimate engineering design of the project will incorporate the specific recommendations of the geology consultant relative to design criteria and foundation development. c) Clearing of ground cover in advance of actual grading operation will be avoided, unless approved by the City of Carlsbad. d) All graded or fill slopes shall be revegetated immediately after grading. e) A soils engineer shall review the final grading operations on the site. Geologic conditions may require grading beyond the limits of grading shown on the tentative map (CT97-13). Such grading would only be performed as recommended by the soils engineer and engineer of work in which case the site would be restored and re-vegetated with natural vegetation that is compatible with the existing adjacent vegetation. f) Manufactured slopes will be kept to the plan-approved height to contribute to an aesthetic strcctscape. Issues for discussion with Mike Holzmiller Issues in May 28,1999 letter from Chris Decer] 'Request that all lots bordering Vista residential development be limited to or open space uses, that these lots have a 100 foot building setback and a 50 foot landscaped buffer, and that these lots have special noise control requirements placed on them. This not feasible or desirable from a market demand standpoint and is contrary to existing city policies in areas such as the Carlsbad Research Center. We are proposing that the lots along the eastern boundary have a 75 foot building setback and 50 foot landscaped buffer and that the customary noise, pollution, and hazardous waste ordinances apply. •Request that lots along northern boundary have a 75 foot setback. With our /)|// revision to include a 200 foot buffer along the northern boundary, only the standard setbacks should apply. •Request that all open space lots be dedicated in first phase of project. Due to the need to construct storm drainage facilities, circulation facilities, and other ^ needed infrastructure adjacent to the open space lots, open space lots should be dedicated with their respective phases of development. •Request that a pedestrian trail be dedicated, built, and maintained at the developer/property owner's expense and liability. We feel that the \^ »ii developer/property owner should not have to bear the entire burden of dedicating and building a public trail and furthermore have the private liability for that trail. Other Issues •Sewer offsite and onsite- In order to assure sewer service from the South Agua Hedionda sewer or another option, we will need the City's cooperation in planning and constructing the sewer infrastructure. •Small lot on east side of El Fuerte St.- We need to retain this lot in the event the Vista Sanitation District needs it for a future pump station. If not used as a pump station, it could be used for recreational amenities. •Crib walls or earthstone walls- we need the ability to build crib walls in order to install some of our building pads and the circulation roadways. •Onsite gravel plant- during construction, we would like to be able to bring in an onsite gravel plant in order to take the rocks generated during construction and make road base and backfill material. This will minimize our need to truck in sand and gravel from outside the city. •Corps of Engineers permit processing- in order to build Faraday Avenue, we will need to process permits through the Corps of Engineers for the areas that Faraday crosses wetlands. We would like City assistance and cooperation in processing these permits. City of Carlsbad Planning Department May 11, 1998 Mr. Paul K. Tchang Techbuilt Construction Corporation 3557 Kenyon Street San Diego, CA 92110 SUBJECT: GPA 97-05/ZCA 97-05/SP-211 /CT 97-13/HDP 97-10/SUP 97-07/ - CARLSBAD OAKS NORTH The items requested from you earlier to make your Specific Plan, Tentative Map, Hillside Development Permit, Special Use Permit, General Plan "Amendment, and Zone Code Amendment, application no. SP-211/CT 97-13/HDP 97-10/SUP 97-07/GPA 97-05/ZCA 97- 05 complete have been received and reviewed by the Planning Department. It has been determined that the application is now complete for processing. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. Please note that although the application is now considered complete, there may be issues that could be discovered during project review and/or environmental review. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. Please contact your staff planner, Chris DeCerbo, at (760) 438-1161, extension 4445, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOLZMILtER Planning Director MJH: CD:kc c: Gary Wayne Clyde Wickham Bobbie Hoder File Copy Data Entry Planning Aide 2075 La Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-O894 TEcftlLT CONSTRUCTION CO*. Mailing Address Fax No. (619) 223-2865 3575 Kenyan Street P. O.Box 80036 Telephone No. (619) 223-1663 San Diego, CA. 92110 San Diego, Ca. 92138 April 10, 1998 Mr. Chris DeCerbo City of Carlsbad 2075 Las Palmas Drive CITY OF CAR* Carlsbad, CA 92009-1576 RE: RE-SUBMITTAL OF CARLSBAD OAKS NORTH - SP 211, CT 97-13 L-1021, HDP 97-10, SUP 97-07, GPA 97-05, ZCA 97-05 Dear Chris: The attached package responds to Michael Holzmiller's letter of February 6, 1998, referenced our project and in particular the list of items needed to complete the application and the list of issues of concern. Planning CT 97-13 1.' We have added tables and benches plus trail details to the specific plan and landscape concept plan as requested. -2. The acreages of each constraint have been added. 3. The trail cross section has been added to the tentative map. HDP 97-10 1. We are including an alternative plan that is consistent with the HDP ordinance standards. Engineering 1. We have changed our phasing to sewer our first phase into the Raceway Basin Pump Station. All our phasing exhibits and notes have been modified to reflect this change. We have also shown Faraday Avenue as requested. 2. Per your suggestions, we have reviewed all the access points and have added alternative locations. These access points are shown on the tentative map and on the specific plan. 3. As mentioned above,, our first phase as proposed will sewer into the Vista Raceway Basin Pump Station. We have attached a letter from Vista's sewer consultant, Dexter Wilson, who has looked at our proposal. The pump station currently is operating at about 50% of capacity. 4. We are proposing a major detention/sedimentation basin facility at the creek crossing at Faraday Avenue. Howard Chang, Ph.D., PE has reviewed our proposal and presented the attached written report. The tentative map and specific plan have been modified to reflect these changes. We would like to point out that the detention/sedimentation basin is an alternative we are providing at City Staff's request to mitigate an existing flooding problem down-stream at Rancho Carlsbad Mobile Home Park and to detain flows from existing drainage systems to bring them to current design standards. The detention proposed exceeds Carlsbad Oaks North detention requirements and we request financial assistance as allowed from the Master Drainage Plan from the City from area wide drainage fees and other fees for the construction of the facility and environmental mitigation for any construction impacts. This drainage facility will also serve as a wildlife crossing and we will request financial assistance against bridge costs that are included in the Drainage Master Plan. 5. The N.P.D.E.S. note requested has been added to the tentative map and specific plan. 6. The project engineer has discussed the drainage sump conditions with the staff. 7. The project engineer has discussed with the staff the concern to drain lots away from the top of slopes. 8. The offsite traffic mitigation has been added to the tentative map as requested. Also, the Faraday alignment is part of our re- submittal. (The City check print is attached to the re-submittal.) Issues of Concern Planning - Specific Plan 211 1. Changes made as requested. 2. Changes made as requested. 3. Changes made as requested. 4. Changes made as requested. 5. We have added picnic benches and tables. 6. We do not agree to limit the use of lots adjacent to the east boundary to office or open space uses. You refer to a concern for traffic, noise, visual and air emissions impacts on the adjacent residential area within the City of Vista. The existing code (21.34.090 performance standards) already addresses all these concerns. Noise measurements at the property line have limits. Unpleasant odors can not be perceptible to the average person beyond the lots. Vibration can not be discernible without instruments by the average person beyond the lot, uses cannot produce humidity, heat glare or high intensity illumination beyond the lot. All uses must meet air quality standards, manufacturing must be done indoors and outdoor storage is not allowed adjacent to non industrially zoned properties. 7. These suggested changes have been made. 8. These suggested changes have been made. 9. We do not want to include open space lot 25 in the first phase of development. Our reasons include: • There are existing utilities in lot 25 that will be relocated in later phases (see sewer phasing). • When the Raceway Basin Pump Station is eliminated, after Phase I, a new sewer line will be constructed in the open space lot (see revised tentative map.) • Final design plans may require some drainage improvements within lot 25. • Lot 25 may be used as a location to do wetlands mitigation for minor wetlands impacts associated with grading, drainage and public improvement impact. In summary, our preference is to dedicate lot 25 after all required improvements are completed. 10. We will agree to a building setback of 75' and a minimum grading setback. Along the easterly boundary for lots 15 and 16 - lot 1 is adjacent to open space - we would agree that 50 feet shall all be landscaped and irrigated and that a berm or block wall will be constructed along the 50' setback line. We will put a grading line at 50' so that if a slope is less than 50' measured horizontally, it will be variable to the 50' line. This setback (75') is 3.75 times the rear setback required in the planned industrial zone. We will show a revised cross section in the specific plan. 11. We have shown the setback to a minimum of 50' or to the toe of the slope (180' on lot 3) . Because the majority of the project backs up to the cut slopes along the north property line that face away from the Los Monos Reserve, we do not agree with the request for a 100' setback along the north property line. 12. We have made changes requested. 13. We have made changes requested. 14. We have made changes requested. 15. We have added language to allow a separate entity i.e. Landscape Maintenance District or similar entity to have responsibility for maintenance. 16. Elevation 548' is the highest existing elevation on the property. To meet FAA standards, no building or structure can exceed elevation 548'. We will modify the language to reflect this requirement. 17. We will agree to dedicate the trail easement in the open space lots with the appropriate phase, not out of sequence. Also, if for some reason the City does not accept the liability and maintenance, we will not agree to require the owners Association to accept the liability and maintenance responsibility. This would be an unreasonable burden for a private entity to accept these responsibilities for a public use. 18. We have made changes requested. 19. We agree that the noise standards be consistent with the PM zone requirement. We disagree that the noise level should be reduced for the period from six pm to seven am. The reason we disagree is that the PM zone standard is similar to a special treatment area in the Carlsbad Research Center where there is an adjacent residential use. The 50 Ldn suggested would make this the only project we are aware of in the City that would have this requirement. Because of the strict PM zone standards, we do not agree that this additional restriction is warranted. 20. We agree with a reference to an EIR. 21. We agree with the numerous minor changes suggested. CT 97-13 1. We have made the grading revisions based on the new hillside ordinance. Also, along the easterly boundary we propose a 75' minimum building setback. Slopes will be variable to 50' off the property line where a 2:1 slope would top out at less than 50' from the boundary. 2. We have made changes requested. 3. We have made changes requested. 4. We have made changes requested. 5. No comment requested. 6. The grades for off-site Faraday have been adjusted. Please look over all our changes listed above. We are attaching the City check prints to this letter plus copies of the following exhibits: 3 copies of the revised tentative map CT 97-13 3 copies of the revised Constraints Map 3 copies of the Revised Hillside development Permit 3 copies of the Revised Plan for Off-Site Faraday 3 copies of the Revised Specific Plan 3 copies of the letter from Wilson Engineering reference the Raceway Basin Pump Station 3 copies of the Drainage Report by Howard Chang, Ph.D., PE 3 copies of an alternative plan as required by the Hillside Ordinance. 3 copies of slope analysis for off-site Faraday Avenue. 3 copies of the amended project justification (slopes greater than 40%/open space/grading volumes/slope heights) 3 copies of off-site striping plan There are several areas where we have not made the changes you suggested. If you still disagree with our above explanations, we request a meeting with you to discuss these items in detail. Please call if you have any questions. Very truly yours, TECHBILT CONSTRUCTION CORP. Paul K. Tdb&ng, President PKT:RCL:se Attachments cc: Tim Carroll, O'Day Consultants Bob Ladwig, Ladwig Design Group, Inc. Uiduiig Design Group* Inc. CARLSBAD OAKS NORTH BUSINESS PARK PROJECT JUSTIFICATIONS I. SLOPES GREATER THAN 40%/OPEN SPACE/GRADING VOLUMES/SLOPE HEIGHTS A. Tabulation of slopes within development area greater than 40% (Based on the amended Hillside Ordinance NS-446 (ZCA 96-04)) Parcel Number . 1 ' 2 3 4 5 6 7 8 9 10 11 12 13 ' 14 15 16 17 18 Square Footage 2,438 4,770 1,785 2,560 2,578 2,769 3,526 4,070 7,184 4,446 11,422 1,564 4,588 953 5,030 1,925 1,591 28,068 Slope Height (ft) NA NA NA NA NA NA NA NA NA NA 41 NA NA NA NA NA NA 68 Note 1 1 1 1 1 1 1 1 1 1 2 1 1 1 1 1 1 2 Parcel Number 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 f Square Footage 13,047 "699 680 5,840 2,003 2,348 635 719 2,146 5,309 9,175 6,799 1,308 2,965 2,371 2,751 1,439 "16,105 Slope Height (ft) -, 40 NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA 46 Note 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 L-1021.005 4/2/98 Parcel Number 37 38 39 40 41 42 43 44 45 46 47 48 49 Square Footage 2,910 1,444 1,291 662 546 1,268 2,372 1,968 1,424 1,147 976 1,099 991 Slope Height (ft) NA NA NA NA NA NA NA NA NA NA NA NA NA Note 1 1 1 1 1 1 1 1 1 1 1 1 1 Parcel Number 50 51 52 53 54 55 56 57 58 ( 59 60 61 62 Square Footage 1,474 1,303 8,226 ^ZT^sT1 977 9,180 3,609 1,833 ^24,097^ 3,630 4,933* 4,989 2,343 Slope Height (ft) NA NA NA 62 NA NA NA NA 50 NA NA NA NA Note 1 1 1 2 1 1 1 1 2 1 1* 1 1 Total Square Feet - 279,981 = 6.43 AC The smallest parcel is 546 square feet, the largest is 28,068 square feet with an average size of 4,516 square feet or 0.10 AC 1 - Qualifies for exclusion under Code Section 21.95.120 (Blc). l 1 -Qualifies for exclusion under Code Section 21.95.120 (Bid). * - Within right-of-way of El Fuerte/Exclusion Per 21.95.130 6 of the above parcels exceed the numerical exclusion. They are Parcels 11,18,19, 36, 53 and 58. These 6 parcels total 120,422 square feet or 2.76 AC and average 20,070 square feet or 0.46 AC. These 6 parcels range in size from 11,422 square feet to 28,068 square feet. The total slope area within the ownership boundary that exceeds 40% (not including previously graded slopes) is 24.4 AC. Of that total (26.4%) 6.43 AC are within 62 separate parcels and are within the project boundary. Of that total, only 2.76 AC or 11.3% exceed the exclusion limits. 73.6% or 17.97 AC of the total of all slopes greater than 40% will be preserved in permanent open space outside the limits of development. L-1021.005 4/2/98 B. Open Space In exchange for development of the 6 small isolate ravines (2.76 AC within 6 separate parcels) significant developable land is being set aside as permanent open space. The following table shows the open space calculations in the approved 1992 Zone Plan, the current General Plan, the first submittal of this project on July 10, 1997, and this resubmittal. PROJECT AREA TABULATION Notes Planned Industrial (Gross Acreage) Open Space (AC) Circulation Roads (AC) Total Zone Acreage Zone 16 Plan 289.5 AC 125.1 AC (13.3) AC 414.6 Current General Plan 266.1 AC 133.2 AC 14.7 AC 414.0 July 10, 1997 Submittal 227 AC 187 AC (14.7) AC 414.0 Current Submittal 198.6 AC 200.7 AC 14.7 AC 414.0 40% AND GREATER SLOPE TABULATION Notes Slopes Greater than 40% (AC) Slopes Greater than 40% (developed) Slopes Greater than 40% (to remain) Zone 16 Plan 14.5 AC Not Defined Not Defined Current General Plan Not Defined Not Defined Not Defined July 10, 1997 Submittal — — — Current Submittal 24.4 AC 6.43 AC (26.4%) 17.97 AC (73.6%) Based on the Existing Zone Plan, the planned industrial land has decreased from 289.5 AC to 198.6 AC, a loss of 90.9 gross acres. Open space has increased from 125.1 AC to 200.7 AC. A gain of 75.6 AC. ' Based on the existing General Plan, planned industrial has decreased from 266.1 AC to 198.6 AC, a 67.5 AC loss. Open space has increased from 133.2 AC to 200.7 AC, a 67.5 AC gain. Only 1.9 AC of current open space is being converted to planned industrial. In exchange for this small increase, 65.6 AC is being converted from planned industrial to open space or a 34.5 to 1 gain. All the additional open space will enhance the permanent habitat corridor consistent with the draft HMP recommendations. L-1021.005 4/2/98 II. GRADING VOLUMES AND SLOPE HEIGHTS Cut (C.Y.) Fill (C.Y.) Area CY/AC Project Site 2,218,000 2,038,000 196 AC 11,316 Onsite Faraday/El Fuerte 69,000 305,000 24 AC* 12,708 Onsite Street D 252,000 102,000 18 AC* 14,000 Offsite Faraday 46,677 132,883 7.92 AC 16,778 TOTALS 2,585,677 2,577,883 235.92 AC 10,960 TOTAL EXPORT 7,794 CY * Includes 10 Acres of overlap/double counted area. The newly amended Hillside Ordinance specifically provides a section (21.95.140) for modification of development and design standards that allow projects to exceed 10,000 CY/AC and slope heights over 40 feet. This section also specifically exempts non-residential projects from the maximum yardage requirement and slope height criteria but imposes certain graphic and written justification. The City General Plan and Zone Plan require the construction of two circulation onsite roads - El Fuerte and Faraday. In coordination with the City efforts to complete offsite Faraday to Orion Street by the Safety Center, the project has available for export enough material to make the offsite fills needed. Both streets are four lane - 84 feet wide. The total distance is 9,700 lineal feet or 1.8 miles and requires 437,883 cubic yards of grading or about 17% of our total grading quantity. In addition, Section 21.95.130 provides a specific exclusion for areas where circulation element roadways must be placed as long as the alignment is in an environmentally preferred location. The amended tentative map contains some slopes over 40' and are shown in the attached slope height exhibit. The maximum slope height is 60' and is an interior slope between Lots 1 and 15. III. CONCLUSIONS AND RECOMMENDATIONS A. Slopes Greater Than 40% Based on the above information: • There are 62 separate parcels of natural slopes that exceed 40% within the proposed development area onsite. • The total combined area of these slopes is 6.43 AC (279,981 square feet). This is equal to 2.8% of the graded site (6.43 AC - 228 AC = 2.8%). • The smallest parcel is 546 square feet - the largest is 28,068 square feet. L-1021.005 4/2/98 • The average size is 4,516 square feet or 0,10 AC. • 6 of these 62 parcels exceed the exclusion size and total 120,422 square feet or 2.76 AC. • These 6 parcels average 20,070 square feet or 0.46 AC and range in size from 11,422 to 28,068 square feet. • 17.97 AC (73.6%) of the slopes over 40% within the ownership will be preserved as permanent open space. • A total of 6.43 AC in 62 separate parcels of slopes greater than 40% will be developed of which only 6 parcels exceed the exclusion size. Also, 1.6 AC of current general plan open space within Lot 21 and 0.3 AC within Lot 7 will be converted to planned industrial uses. To offset this total of 8.33 AC (6.43 AC of 40% slopes and 1.9 AC of general plan open space) impact 67.5 AC of additional open space will be added to the areas adjacent to the central open space/corridor system. • The 6 parcels with slopes greater than 40% are scattered throughout the development and are not a prominent land form feature or are they adjacent to or part of the major open space systems identified within the project. B. Open Space In exchange for development of 6 small isolated ravines (2.76 AC) and 1.9 AC of existing open space, (a total of 4.66 AC), 67.5 AC of new open space will be set aside as permanent open space as part of the project. This new open space enhances the existing General Plan Open Space by widening the central valley habitat corridor and restricting all planned industrial development along the south edge of Faraday Avenue, east of El Fuerte. The proposed open space is consistent with the draft HMP document currently under review. The open space increased in size from Vz of the developed portion shown on the existing General Plan to more than the proposed development area on the current submittal (a 50% gain in open space from 133.2 AC to 200.7 AC). C. Grading and Slope Heights Grading • The overall grading onsite and offsite totals 2,585,677 million cubic yards on 235.92 acres for an overall total of 10,960 CY/AC. • Code Section 21.95.140 states that non-residential development shall comply with the Hillside Ordinance requirement excepL21.95.120(D) and 21.95.120(E) (slope height and volume requirements). • " Section 21.95.130 says in part that the development of circulation roads (El Fuerte and Faraday) may be excluded from the Hillside Development and Design Standards of section 21.95.120. • Based on the above, if the grading quantity for Faraday and El Fuerte are eliminated from the totals, we would be at 9,104CY/AC (2,585,677 CY - 305,000 CY -132,883 CY = 2,147,794 CY - 235.92 - 9,104 CY/AC). Based on this calculation, the project would be in the potentially acceptable range for grading volumes. L-1021.005 4/2/98 The 960 CY over the 10,000 CY/AC figure has a small effect on the project. 960 CY/AC is equivalent to 0.60 feet or 7!4-inches of grading which equals a total over the project of 228,323 CY or only 8.8% of the total grading. Slope Heights The highest slopes within the project are the existing fill slopes on both sides of El Fuerte. The City approved grading plan shows them at about 100 feet in vertical height. The maximum slope height for a new interior slope is 60 feet between Lots 1 and 15. The maximum new exterior slope height is 55 feet on Lot 8 adjacent to Lot 23. The slope ratios are 2:1 and the street and lot design is curvilinear and follows natural contours in an effort to not have any straight slopes and to undulate as required by the ordinance. In addition, the up slope along Faraday Ave. Have been contour graded per code. Because the majority of the project site is north of Faraday and in an area that rises from elevation 216 to elevation 548 (332 feet overall) major slope areas will be developed. The average slope from the creek crossing at Faraday to the highest point in Lot 2 is 91/2%. In order to keep street grades within City standards and lot sizes that are as large as possible, slopes will be over 30 feet. The recently amended Hillside Ordinance recognized the special needs for industrial development and provided the code exceptions and exclusion discussed above. In summary, based on the above information, we feel the that the current City Codes as discussed above and the facts of the project as listed allows staff to recommend the proper findings that our project as submitted is consistent with the Codes and Ordinances of the City of Carlsbad. L-1021.005 4/2/98 WILSON ENGINEERING DEXTER S. WILSON, P.E. ANDREW M. OVEN, P.E. STEPHEN M. NIELSEN, P.E.1 March 19, 1998 102-001/51 Ladwig Design 703 Palomar Airport Road Suite 300 Carlsbad, CA 92009 Attention: Bob Ladwig Subject: Raceway Basin Pump Station Attached please find calculations showing the available capacity of the Raceway Basin Pump Sation to be 372 gallons per minute. This equates to approximately 5 MGD or roughly 2,000 equivalent dwelling units. This information is based on the current peak flows at the Raceway Basin Pump Station and the high speed capacity of the Station. There have been problems at the station in the past with the pump station being left at low speed operation. At low speed operation the pump station is no longer able to overcome the head in the Buena force main and essentially has a zero pumping rate. At high speed, the capacity is 700 gallons per minute. We therefore feel that 372 gph is the capacity available at the station for the continued buildout of the Raceway Basin Pump Station until a permanent solution is put in place. If you have any questions or need any additional information, please call. Wilson Engineering i -i. \, CITY ©F CARLSBAD Dexter Wilson DSW:ad Attachment RECEIVED 0 8 1998 LADUIG DESIGN 6R ^ !// 7O3 PALOMAR AIRPORT ROAD, SUITE 30O • CARLSBAD, CA 92OO9 • (760)438-4422 • FAX (76O) 438-O1 73 Memorandum To: Mr. Michael J. Holzmiller, Carlsbad Planning Director From: Art Barnett Date: February 27,1998 Subject: Notice of Restriction on Lot 99 of Carlsbad Research Center The tentative map for the Carlsbad Research Center was approved with a condition that restricted the uses on lots 97 through 100 to office uses. The intent of the condition was to reduce the potential for land use conflicts with the adjacent residentially designated property. In order to allow other uses besides strict office uses, the original intent of the condition must be met. Approval of uses, other than office uses, is dependent upon the property owner recording a notice of restriction on the property that reads as follows: The permitted use of the property is compatible with office uses as specified in Section 21.34.020(6). Any other use or combination of uses shall require review and approval of the Carlsbad Planning Director prior to the issuance of building permits or business licenses. The criteria for determining the acceptability of any proposed light industrial use that is not specifically permitted shall be whether the use will be compatible with adjacent residential uses, as objectively determined with respect to noise, aesthetics and health and safety factors. The acceptable criterion for noise is less than or equal to 65 decibels "a" CNEL at the property line. It is expected that repetitiveness of nuisance noise will be minimized so that it will not last long periods of time such as months. The acceptable criteria with respect to aesthetics are: 1) the exterior of the building should be compatible with other buildings in the neighborhood and shall be approved by the Carlsbad Research Center Association; 2) screens shall be used for all trash facilities, outside storage materials and containers, and equipment including, for example, HVAC systems on the roof; 3) loading doors shall be unobtrusive, their colors shall blend with the building, and the noise associated with their operation shall be equal or lower than noise associated with existing roll-up doors in the neighborhood; 4) One grade level or below grade level loading dock shall be permitted on the west half of the north side of the building, and one grade-level loading dock shall be permitted on the east half of the north side of building. The acceptable criteria for health and safety factors shall be compliance with governmental 1 requirements with the City of Carlsbad and the County of San Diego. Acceptable criteria for storage and warehousing are those kinds that: 1) use smaller trucks and 2) do not involve frequent use of loading areas. Uses expressly prohibited are 1) heavy manufacturing and 2) labor intensive light manufacturing with shifts after 10 p.m. and before 6 a.m. This constitutes all restrictions on conditions of uses on lot 99. Dated: Michael J. Holzmiller, Carlsbad Planning Director Dated: Arthur M. Barnett, Owner Lot 99. City of Carlsbad Planning Department February 6, 1998 Mr. Paul K. Tchang Techbuilt Construction Corporation 3557 Kenyon Street San Diego, CA 92110 SUBJECT: SUBJECT: SP-21 1/CT97-13/HDP97-10/SUP97-07/GPA97-05/ZCA97-05 CARLSBAD OAKS NORTH Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Specific Plan, Tentative Map, Hillside Development Permit, Special Use Permit, General Plan Amendment, and Zone Code Amendment, application nos. SP-211, CT97-13, HDP 97-10, SUP97-07, GPA97-05, and ZCA97-05, as to its completeness for processing. INCOMPLETE RESUBMITTAL All of the items requested of you earlier have not been received and therefore your application is still deemed incomplete. Listed below are the item(s) still needed in order to deem your application as complete. This list of items must be submitted directly to your staff planner by appointment. All list items must be submitted simultaneously and a copy of this list must be included with your submittals. No processing of your application can occur until the application is determined to be complete. When all required materials are submitted the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, July 10, 1997, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. Please contact your staff planner, Chris DeCerbo, at (760) 438-1161, extension 4445, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOL/ Planning Director MJH:CD:mh c: Gary Wayne Clyde Wickham Bobbie Hoder File Copy Data Entry Planning Aide 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 - (76O) 438-1161 • FAX (760) 438-O894 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION No. SP 211/CT 97-13/HDP 97-10/SUP 97-07/GPA 97-05/ZCA 97-05 Planning: CT97-13 1- Please show the site details (including par course amenities along the pedestrian trail) for all employee eating areas and open space lots. These site details should be included within the specific plan as well as part of the landscape concept plan. & -~- 2. Please revise the constraints map to quantify (provide the acreage of) each constraint. r . v;>. \. <-•',• ' 3. Please add a cross-section for the pedestrian trail to the tentative map. HDP 97-10 ,*>. , 1.. Per subsection 21.95.070(b) of the Carlsbad Municipal Code, please submit an »' /, / alternative tentative map that illustrates a project which is designed consistent with the Jo:* v development standards of the Hillside Development Ordinance. Engineering: Engineering Department staff has completed a second review of the above-referenced project for application completeness. The application and plans submitted for this proposed project are from an Engineering standpoint, considered complete. Additionally, staff has conducted a review of the project for engineering issues of concern. We have forwarded drainage studies and traffic studies to other divisions and are waiting for their input. I will return additional comments as they become available. Engineering issues which need to be resolved or adequately addressed prior to staff making a determination on the proposed project are as follows: 1. On sheet 2 of the tentative map, the phasing plan should identify which grading and infrastructure is proposed to be constructed with each phase. The traffic and drainage studies may need revision to correspond to the proposed phasing. Please show the extension of Faraday from Melrose Drive to the existing improvements near Orion Street as part of phase 1. Phasing notes will help to resolve most of this issue. 2. Proposed access points to each lot should be identified and spaced per City standards. The larger lots could and should "have 2 points of access as an option. We have noted some ideas on the check print for your consideration. We would rather identify all the points of access at this time and avoid future problems. Points of access should also be identified in the specific plan text as being fixed to the extent shown on the tentative map. Some lots may utilize shared access. 3. Please show the ultimate gravity flow sewer system as identified in the City's Sewerage Master Plan. Contact Bill Plummer at CMWD to discuss this issue further. n^KmpliThe proposed design to pump out of basin is not incompliance with the City's adopted sewer master plan. Again, check with Bill Plummer for additional information. I believe that the district is working on the extension and gravity system now and other districts and developments are affected. 4. The City is considering various methods of improving downstream drainage conditions. The concept of retention is a favorable one that at this stage can be easily implemented. Please consider using the individual desiltation basins as a method of retaining the peak storm runoff difference from the natural state to the developed state. Richard Allen ( ext. 4389 ) is managing a project to study this basin as upstream mitigation and to reduce downstream flooding. We have forwarded a copy of the project hydrology for his and the City's contract Engineer to review. We will have more information on this plan in the next few months. 5. Indicate how National Pollutant Discharge Elimination System (NPDES) criteria will be met. This could include, but not be limited to, doing one or a combination of the following: Directing surface run-off through vegetated swales prior to discharge to a storm drain or the public right of way, constructing a gravel/sand/fossil filter system, constructing de-pollutant basins, etc. Also, any loading areas that are located in a sump must have facilities to direct drainage to a pollutant mitigation area. A note on the tentative map and in the specific plan will address this issue on site. The proposed desiltation basins are a concern in that access and maintenance will be an ongoing problem. We are considering systems that do not need access and will not need maintenance. A larger series of basins that are designed to work without dredging or clean-out are preferred. 6. Sump conditions exist at many of the proposed on-site desiltation basins. Move the basins away from the slopes and street intersections. We often want a fail-safe design to protect adjacent property and public improvements. Indicate over-flow mitigation measures for each. (Also see Item No. 2 above.) 7. We recommend draining all lots away from top of slope. The proposed inlets at the top of slope cannot be supported. 8. Please include the offsite mitigation plans with the tentative map. The traffic study identified additional lane improvements to the Palomar Airport Road/El Fuerte and to the Faraday/El Camino Real intersections. The alignment plan for Faraday Ave. should also be included as part of the tentative map. Attached is a red-lined check print of the proposed project for the applicants use in making the requested revisions. This check print must be returned with the project revisions to facilitate continued staff review. ISSUES OF CONCERN Planning: Specific Plan - 211 Page I-5 - Please discuss the single family residential land use within the City of Vista which is located immediately adjacent to and east of the project site. Page I-5 - Please revise the second paragraph as follows, "The zoning for this property is PM (Planned Industrial) and OS (Open Space). 3. Please revise Figure 2 (General Plan) to delete the "Proposed General Plan" from the legend. This figure should reflect the General Plan designations that would exist assuming that GPA 97-05 is approved. Please revise Figure 3 (Zoning) to delete the "Proposed Zoning" from the legend. This figure should reflect the zones that would exist assuming that ZCA 97-05 is approved. 5. ) Page 11-13 - As discussed in Incomplete item #1, specific site details should be included for all project open space/recreation areas. Accordingly, please revise the last sentence as follows, " Other open space areas include employee eating areas, a pedestrian trail system with par course equipment, landscaped setbacks and slope areas". i 6. / Page 111-1 - Please revise the second paragraph of the Primary Uses section as s-—' follows, " Those uses that are permitted in the Carlsbad Oaks North Businesspark upon the approval of a Planned Industrial Permit shall be those which are listed in section 21.34.020 of the Carlsbad Municipal Code.(The only uses that are permitted i upon those lots which are located adjacent to the 'eastern boundary of the Specific Plan (lots 1, 15, and 16) shall be office or open space uses". As previously ! discussed, this land use restriction is recommended for the primary purpose of , avoiding potential land use impacts (i.e. traffic, noise, visual impacts, and air | emissions) associated with locating manufacturing and/or warehouse uses adjacent to the existing single family residences to the east. ,« ' w7. Page 111-1 - Please revise the Auxiliary Uses section as follows, " Those auxiliary uses which directly support the industrial park and are listed in section 21.34.030 of the Carlsbad Municipal Code, may be permitted upon those lots which front on Faraday Avenue (lots 16, 19, 20, 21 and 22), subject to the issuance of a Conditional Use Permit (per Chapter 21.42 of the Carlsbad Municipal Code). Qi8. Page IV-2 - Since this Specific Plan does not include "planning areas", please revise : the Minor Amendment provisions to delete reference to such. In that the functional "planning areas" are recorded lots, the text should be revised to specify that any revision to lot areas would require a lot line adjustment. Page IV-3 - Please include open space lot #25 (including the pedestrian trail and eating area) in the first phase of project development. ^ K" t'" 10. Page V-1 - Please revise the Eastern Boundary Setback as follows, "A building setback of 100^feet shall be required from the eastern boundary of lots 1,15 and 16, which are located adjacent to existing single family residences. At least 50 feet • 9*k snail be landscaped and irrigated, and crberrrof this setback snail be landscaped and irrigated, and cTberm shall be constructed to provide a visual buffer between the two land uses". Figure 6 (Eastern Boundary Cross Sections) should also be revised consistent with this recommended setback standard. 11. Page V-2 - Please add the following provision: 5. Northern Boundary Setback: A building setback of 100 feet shall be required from the northern boundary of lots 2 and 3, which are adjacent to the Dawson Los Monos Canyon Reserve. At least 50 feet of this setback shall be landscaped and irrigated to buffer and screen the businesspark from Dawson Los Monos Canyon. Please also add a northern boundary cross section exhibit of this recommended setback. 12. Page V-3 - Please revise the last paragraph as follows, " Screening: Areas used for parking, trash enclosures and all other accessory'buildings shall be landscaped in such a manner as to screen said areas from access streets and adjacent properties. Plant materials for this purpose may consist of lineal or grouped masses of shrubs and/or trees". 13. Page V-4 - Please revise section h. as follows, "A detailed landscape and irrigation plan shall be submitted and approved by the Planning Director prior to the approval of the final map for any phase of this project and prior to the approval of building permits for any lot of this map." 14. Pages V-7 and V-8 - Streetscape and Street-side setback tree suggestions, Interior slope and setback tree suggestions, Perimeter screening tree suggestions, Outdoor eating area tree suggestions: '' a. Please minimize the number of e.ucalyptus trees in all of these areas. Suggest no more than 25% of total trees in any one area. '£) b. Grevillea robusta, Silk Oak is brittle and messy. Please substitute with an Evergreen. ">» c. Xylosma congestum, Xylosma - white fly is a serious pest. Please substitute an alternative type of shrub. S. Page V-14 - Please revise the Maintenance Provisions subsection to specify that the CC&R's be approved prior to final map approval and that the CC&R's should also stipulate that the Business Park Association have maintenance responsibility for all common open space areas (including lots 1, 23, 25 and 26), recreation areas, streets and parking areas. . Page V-19 - Building Height - Please revise this section as follows, " The maximum height of all structures shall be 35 feet or 3 levels and allowed height protrusions as described in Section 21.46.02 of the Carlsbad Municipal Code shall not exceed 45 feet". Please explain the proposed provision that " no structures or protrusions on any lot will be allowed to exceed elevation 548". 17. Page V-19 - Pedestrian Trail - Please revise this section as follows, " Prior to the approval of a final map for any phase of the Carlsbad Oaks North Businesspark, the developer shall provide an irrevocable offer of dedication to the City of Carlsbad for a trail easement for Trail #26 within lots 21, 24 and 25. If the City of Carlsbad accepts dedication of the trail easement, the trail shall be constructed as a public trail and will be the maintenance and liability responsibility of the City of Carlsbad. If the City of Carlsbad does not accept dedication of the trail easement, the trail shall be constructed by the developer prior to issuance of the first building permit upon any lot within the Carlsbad Oaks North Businesspark, but it shall be constructed as a private trail and shall be the maintenance and liability responsibility of the Carlsbad Oaks North Businesspark Association". 8. Page V-20 - Please add an "Outdoor Lighting" section which specifies that " All outdoor lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property". 9. Page V-20 - Please revise the Performance Standards section Q. 1. to be consistent with the noise performance standard subsection 21.34.090(1) of the P-M zone. Also, because of the proximity of the adjacent residences, please add the following performance standard, " The maximum permitted noise level between the hours of 6:00 p.m. and 7:00 a.m. shall be 50 Ldn as measured at the property line and 45 Ldn if the noise is repetitive in nature". 20. Page VI-1 - It is likely that an Environmental Impact Report will be prepared for this project. Accordingly, Section A. Relationship to Environmental Impact Report should be revised to reference this EIR. L21. Please incorporate the minor revisions to the Specific Plan consistent with the attached strike-out/revision pages 11-13, 11-14, IV-2, IV-3, V-1, V-2, V-5, V-6, V-7, V- 8, V-14, V-18, V-19 and V-21. CT 97-13 1. Please revise the proposed project grading so that all manufactured slopes which are either greater than 30 feet in height or 200 feet in length (existing standard) or 20 feet in height and 200 feet in length (proposed new standard) and are visible from public streets, open space areas or adjacent residences are contour graded. Contour grading means a grading concept designed to result in earth forms (slopes) which resemble natural terrain. Horizontal and vertical curve variations (ranging from 2:1 to 6:1 slope gradients) should be used for slope banks. The proposed "slope varies 2:1 Max" notes should be removed and the variable gradient slopes should be clearly shown and labeled on the tentative map. ,2. Please revise the sheet #1 grading analysis to label Street "F" as Street "D".»j ,'V^. 3. Please revise the El Fuerte/Faraday Avenue with Pedestrian Trail cross section to increase the trail width from 8' to 10'. f f 4. The proposed eating area to the north of Street "D" is comprised predominantly of jy{ ^ „ 50% slope area. Please revise this eating area to create a flatter and more usable '}-ti( '\/* \ area. 5. The analysis of the Carlsbad Oaks North Business Park Biological Impacts and Conservation Measures (Dudek & Associates, December 1997) makes a conclusion that the resource agencies have adopted a 50% of project area conservation standard for assessing compliance with the Carlsbad Habitat Management Plan and Multiple Habitat Management Plan. Based upon this standard, the project would require 54 habitat credits (acres) of off-site mitigation. The resource agencies have not adopted f»theretothe 50% of project area conservation standard, and therefore the adequacy of the proposed project mitigation can not be determined at this time. 6. As proposed, the extension of Faraday Avenue to the west will create fill slopes up to 65 feet tall and significantly impact Southern Coast Live Oak Riparian Forest. These project impacts may be able to be avoided if a bridge over the drainage, which bisects the site, is incorporated into the road design. *•laduiig Design Group, Inc. January 8, 1998 Chris DeCerbo City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad CA 92008 SUBJECT: RESUBMITTAL OF CARLSBAD OAKS NORTH - SP 211, CT 97-13, HDP 97-10, SUP 97-07, GPA 97-05, AND ZCA 97-05 (LADWIG JOB NO. L-1021) Dear Chris: In addition to the items identified in the attached letter from Mr. Paul K. Tchang dated January 6, 1998,1 have attached three additional exhibits (three copies of each) to be included for your review. The exhibits are: • Slope Height Exhibit. • Proposed Zone Change Exhibit. • General Plan Revision Exhibit. • OfFsite Traffic Stripping Plans. Please look everything over and accept the attached as our formal resubmittal for Carlsbad Oaks North. As Mr. Tchang stated in his attached letter, we look forward to your written comments. Sincerely, LADWIG DESIGN GROUP, INC. RECEIVED JAN 0 8 1998 Robert C. Ladwig, President **ITY OF CARLSBAD PLANNING DEPT. RCL:baw.084 Attachments cc: Mr. Paul Tchang, President, Techbilt Construction Mr. Tim Carroll, O'Day Consultants 703 Palomar flirport Road 4 Suite 300 4 Carlsbad, California 92009 (760) 438-3182 FfiX (760) 438-0173 TECtlRLT CONSTRUCTION Mailing Address Fax No. (619) 223-2865 3575 Kenyan Street P. O.Box 80036 Telephone No. (619) 223-1663 San Diego, CA. 92110 [7^rffe^^ o.<* «• * ~^an Diego, Ca. 92138 ECEIVED January 6, 199J j^^^^sj^s^sy^j^s^^ ^f""1 N 08 1998 Mr. Chris DeCerbo City of Carlsbad DEPT. 2075 Las Palmas Drive Carlsbad, CA 92009-1576 RE: RESUBMITTAL OF CARLSBAD OAKS NORTH - SP 211, CT 97-13, HDP 97-10, SUP 97-07, GPA 97-05, ZCA 97-05 Dear Chris: This resubmittal of the above applications is based on City letters to Mr. Paul Tchang dated August 8, 1997, August 14, 1997, and September 24, 1997. We will respond below to each of the three City letters. AUGUST 8, 1997 (List of items needed to complete application) ^/Specific plan 211 • We have made all the changes requested. CT 97-13 • The tentative map has been revised as requested with the exception of showing the PAR Course amenities along the pedestrian trail. We have left room for amenities to be added later if the trail system is ever built and accepted by the City for maintenance. Also, we are suggesting that the trail not be built east of El Fuerte until it will go somewhere east of the Carlsbad Oaks ownership. An easement will be set aside, but we do not think people should be allowed on the dead end trail into an unaccessible and unmaintained area. Attached with this resubmittal are the biologic reports requested. They are as follows: -^"1. Existing Conditions/Biological Resources, Wetlands Delineation, and Impacts Analysis Report for Faraday Avenue Extension dated November 26, 1997. Existing Conditions/Biological Resources and Wetlands Delineation Report dated December 9, 1997. 3. Analysis of Biological Impacts and Conservation Measures dated December 12, 1997. We have attached two bound copies of each report for your review. Mr Chris DeCerbo December 18, 1997 Page 2 The constraints map has been amended as requested and the various habitat types are tabulated in the above biological reports by Dudek & Associates. We have also included the constraints analysis for offsite Faraday Avenue. HDP 97-10 • We have made the changes requested. Also, please find attached Project Justifications for modification to the Hillside Standards for slope height and grading volumes. GPA 97-05 • Please see the attached Project Justifications which includes the analysis requested by staff. AUGUST 14, 1997 - Issues of Concern SP-211 • We have made most of the suggested changes. Item No. 12 suggests a 100 foot setback along the easterly property line adjacent to the residential areas in the City of Vista. We are suggesting a minimum of 25 feet (see cross section in the Specific Plan). The actual conditions will provide a setback that varies from 25 feet to 140 feet. A large portion to the east line at the north end of the ownership is also adjacent to permanent open space in the City of Vista. CT 97-13 • Item No. 30 - The plan has been amended to delete the lots along the south edge of Faraday east of El Fuerte. • Item No. 32 - The slopes along Faraday have been amended. • Item No. 33 - The Pringle Traffic Report has been amended as requested. See the WPA Traffic Report dated August 7, 1997. • Item No. 34 - Please see attached justification of development on slope 40% and over. SEPTEMBER 24, 1997 - Completeness Review The traffic and circulation changes have been made. Sewer - Carlsbad Municipal Water District (CMWD) has decided to construct an inverted syphon down Sunny Creek. Carlsbad Oaks North will tie into that outfall system. Drainage - The changes have been made as requested. MISCELLANEOUS • The offsite traffic mitigation items have been included on a separate exhibit. The City check prints are being returned, lots have been amended, and benches have been added to the slopes where required (Items 4,5 and 6). Mr Chris DeCerbo December 18, 1997 Page 3 In Summary, major adjustments have been made to the project based on City comments. Please accept the attached as our resubmittal for Carlsbad Oaks North Business Park. The items attached to this letter are: Original marked-up City check prints. Three copies of the amended specific plan. Three copies of the revised tentative map. Three copies of the amended constraints analysis. Three copies of the amended slope analysis. Three copies of the amended Hillside Development permit exhibits including offsite Faraday. • Three copies of the constraints map showing the 40% or greater slope identified with parcel numbers and parcel areas. • Three copies of a Project Justifications analysis of grading volumes, slope heights, and open space. • Three copies of a Revised Building Projections analysis for Zone 16 LFMP. • Two bound copies of biological reports. (See items 1, 2 and 3 under CT 97-13 on page 1 above.) Please review everything, and we look forward to your written comments. If you have any questions, please contact us or our consultants. Very truly yours, TECHBILT CONSTRUCTION CORP. PKT:RCL:se Attachments cc: Tim Carroll, O'Day Consultants Bob Ladwig, Ladwig Design Group, Inc. Uidwig Design Group, Inc. CARLSBAD OAKS NORTH BUSINESS PARK PROJECT JUSTIFICATIONS I. SLOPES GREATER THAN 40%/OPEN SPACE/GRADING VOLUMES/SLOPE HEIGHTS A. Tabulation of slopes within development area greater than 40% <\ ^ * " Parcel Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 H^* $&A€Square Footage 2,438 4,770 1,785 2,560 2,578 2,769 3,526 4,070 7,184 4,446 11,422 1,564 4,588 953 5,030 1,925 1,591 28,068 Slope Height (ft) NA 8 NA NA NA NA NA 18 28 22 41 NA 20 NA 12 NA NA 68 Note 1 1 1 1 1 1 1 2 2 2 2 1 2 1 1 1 1 2 Parcel Number 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Square Footage 13,047 699 680 5,840 2,003 2,348 635 719 2,146 5,309 9,175 6,799 1,308 2,965 2,371 2,751 1,439 16,105 Slope Height (ft) 40 NA NA 12 NA NA NA NA NA 21 38 30 NA NA NA NA NA 46 Note 2 1 1 1 1 1 1 1 1 2 2 2 1 1 1 1 1 2 ) & Y A 4. • f $'- . r f A A (,'US -fTUjf li. L-1021.005 1/6/98 Parcel Number 37 38 39 40 41 42 43 44 45 46 47 48 49 Square Footage 2,910 1,444 1,291 662 546 1,268 2,372 1,968 1,424 1,147 976 1,099 991 Slope Height (ft) NA NA NA NA NA NA NA NA NA NA NA NA NA Note 1 1 1 1 1 1 1 1 1 1 1 1 1 Parcel Number 50 51 52 53 54 55 56 57 58 59 60 61 62 Square Footage 1,474 1,303 8,226 27,683 977 9,180 3,609 1,833 24,097 3,630 4,933* 4,989 2,343 Slope Height (ft) NA NA 38 62 NA 26 NA NA 50 NA 16 31 NA Note 1 1 2 2 1 2 1 1 2 1 1 2 1 Total Square Feet - 279,981 = 6.43 AC The smallest parcel is 546 square feet, the largest is 28,068 square feet with an average size of 4,516 square feet or 0.10 AC 1 - Qualifies for exclusion under Code Section 21.95.090 (b3). 2 - 21.95.090 (b4) - small isolate ravine. * - Within right-of-way of El Fuerte 16 of the above parcels exceed the numerical exclusion. They are Parcels 8-11, 13, 18-19, 28-30,36, 52-53, 55, 58, and 61. These 16 parcels total 184,388 square feet org.^23 AC)and average 11,524 square feet or 0.26 AC. These 16 parcels range in size from 4,070 square feet to 28,068 square feet. The total slope area within the ownership boundary that exceeds 40% (not including previously graded slopes) is 24.4 AC. Of that total (26.4%) 6.43 AC are within 62 separate parcels and are within the project boundary. Of that total, only 4.23 AC or 17.3% exceed the exclusion limits. 73.6% or 17.97 AC of the total of all slopes greater than 40% will be preserved in permanent open space outside the limits of development. L-l 021.005 1/6/98 B. Open Space In exchange for development of the 16 small isolate ravines (4.23 AC within 16 separate parcels) significant developable land is being set aside as permanent open space. The following table shows the open space calculations in the approved 1992 Zone Plan, the current General Plan, the first submittal of this project on July 10, 1997, and this resubmittal. PROJECT AREA TABULATION Notes Planned Industrial (Gross Acreage) Open Space (AC) Circulation Roads (AC) Total Zone Acreage Zone 16 Plan 289.5 125.1 (13.3) 414.6 Current General Plan 266.1 133.2 14.7 414.0 July 10, 1997 Submittal 227 187 (14.7) 414.0 Current Submittal 198.6 200.7 14.7 414.0 40% AND GREATER SLOPE TABULATION Notes Slopes Greater than 40% (AC) Slopes Greater than 40% (developed) Slopes Greater than 40% (to remain) Zone 16 Plan 14.5 Not Defined Not Defined Current General Plan Not Defined Not Defined Not Defined July 10, 1997 Submittal — — — Current Submittat 24.4 6.43 (26.4%) 17.97 (73.6%) Based on the Existing Zone Plan, the planned industrial land has decreased from 289.5 AC to 198.6 AC, a loss of 90.9 gross acres. Open space has increased from 125.1 AC to 200.7 AC. A gain of 75.6 AC. Based on the existing General Plan, planned industrial has decreased from 266.1 AC to 198.6 AC, a 67.5 AC loss. Open space has increased from 133.2 AC to 200.7 AC, a 67.5 AC gain. Only 1.9 AC of current open space is being converted to planned industrial. In exchange for this Ismail increase, 65.6 AC is being converted from planned industrial to open space or a 34.5 to 1 gain. All the additional open space will enhance the permanent habitat corridor consistent with the draft HMP recommendations. L-1021.005 1/6/98 H. GRADING VOLUMES AND SLOPE HEIGHTS Cut (C.Y.) Fill (CY.) Area CY/AC Project Site 2,318,000 2,038,000 196 AC 11,826 Onsite Faraday/El Fuerte 69,000 305,000 24 AC* 12,708 Onsite Street F 252,000 102,000 18 AC* 14,000 Oflsite Faraday 31,600 193,700 7.92 AC 24,457 TOTALS 2,670,600 2,638,700 235.92 AC 11,320 TOTAL EXPORT 31,900 CY * Includes 10 Acres of overlap/double counted area. The Hillside Ordinance specifically provides three sections for modification of development and design standards that allow projects to exceed 10,000 CY/AC and slope heights over 30 feet. Section 21.95.070 (a)(2) states "the site requires extensive grading to accommodate a circulation-element roadway". The City General Plan and Zone Plan require the construction of two circulation onsite roads - El Fuerte and Faraday. In coordination with the City efforts to complete offsite Faraday to Orion Street by the Safety Center, the project has available for export enough material to make the offsite fills needed. Both streets are four lane - 84 feet wide. The total distance is 9,700 lineal feet or 1.8 miles and requires(498,700 cubic yards of grading or about 19% of our total grading quantity. Section 21.95.080 also provides certain exceptions (slope heights and grading volumes) for non-residential development and requires written and graphic exhibits to justify the proposed grading. In addition, Section 21.95.090 (b)(2) provides a specific exclusion for areas where circulation element roadways must be placed and no feasible alternative consistent with regulations is available. The amended tentative map contains some slopes over 30' and are shown in the attached slope height exhibit. The maximum slope height is 60' and is an interior slope between Lots 1 and 15. HI. CONCLUSIONS AND RECOMMENDATIONS A. Slopes Greater Than 40% Based on the above information: • There are 62 separate parcels of natural slopes that exceed 40% within the proposed development area onsite. L-1021.005 1/6/98 6 The total combined area of these slopes is 6.43 AC (279,981 square feet). This is equal to 2.8% of the graded site (6.43 AC -K22^AC = 2 """ " ° ~" The smallest parcel is 546 square feet - the largest is 28,068 square feet. The average size is 4,516 square feet or 0.10 AC. 16 of thesej62 parcels exceed the exclusion size and total 184,388 square feet or|4.23 AC?) "THesTil) parcels average 11,524 square feet or 0.26 AC and range in size from 4,070 to 28,068 square feet. 17.97 AC (73.6%) of the slopes over 40% within the ownership will be preserved as permanent open space. A total of 6.43 AC in 62 separate parcels of slopes greater than 40% will be developed of which only 16 parcels exceed the exclusion size. Also, I.j6 AC of curreirtgeneral plan open , j jv^s 7 A ^ space withmLot.21. jandJL3_ AC within Lot 7 will beconveHed to planned industrial uses. To (> ^"^ ' offset this toltaTof8jJAC^43 AC of 40% slopes and 1.9 AC of general plan open space) impact 67.5 AC of additional open space will be added to the areas adjacent to the central open space/corridor system. • The 16 parcels with slopes greater than 40% are scattered throughout the development and are not part of the surrounding generalized slope area or are they adjacent to or part of the major open space systems identified within the project. B. Open Space In exchange for development of 16 small isolated ravines (4.23 AC) and 1.9 AC of existing open space, (a total of 6.13 AC), 67.5 AC of new open space will be set aside as permanent open space as part of the project. This new open space enhances the existing General Plan Open Space by widening the central valley habitat corridor and restricting all planned industrial development along the south edge of Faraday Avenue, east of El Fuerte. The proposed open space is consistent with the draft HMP document currently under review. The open space increased in size from 1/2 of the developed portion shown on the existing General Plan to more than the proposed development area on the current submittal (a 50% gain in open space from 133.2 AC to 200.7 AC). C. Grading and Slope Heights Grading • The overall grading onsite and offsite totals 2,670,600 million cubic yards on 235.92 acres for an overall total of 11,320 CY/AC. • Code Section 21.95.080 states that non-residential development shall comply with the Hillside Ordinance requirement except 21.95.060 (j) (slope height and volume requirements). • Section 21.95.090 (b)(2) says in part that the development of circulation roads (El Fuerte and Faraday) may be excluded from the requirements of the code by the decisionmaking body. • Based on the above, if the grading quantity for Faraday and El Fuerte are eliminated from the totals, we would be at 9,206 CY/AC (2,670,60,0 OY - 305,000 CY -193,700 CY =2,171,900 CY •*• 235.92 = 9,206 CY/AC). Based off this calculation, the project would be in the potentially acceptable range for grading volumes. L-l 021.005 1/6/98 The 1,320 CY over the 10,000 CY/AC figure has a small effect on the project. 1,320 CY/AC is equivalent to 0.82 feet or 97/s-inches of grading which equals a total over the project of 311,414 CY or only 11.6% of the total grading. Slope Heights • The highest slopes within the project are the existing fill slopes on both sides of El Fuerte. The City approved grading plan shows them at about 100 feet in vertical height. • The maximum slope height for a new interior slope is 60 feet between Lots 1 and 15. • The maximum new exterior slope height is 55 feet on Lot 8 adjacent to Lot 23. • \ Q The slope ratios are 2:1 and the street and lot design is curvilinear and follows natural ^1' contours in an effort to not have any straight slopes and to undulate as required by the ordinance. Because the majority of the project site is north of Faraday and in an area that rises from v elevation 216 to elevation 548 (332 feet overall) major slope areas will be developed. The average slope from the creek crossing at Faraday to the highest point in Lot 2 is 9l/2%. In order to keep street grades within City standards and lot sizes that are as large as possible, slopes will be over 30 feet. • The drafters of the Hillside Ordinance recognized the special needs for industrial development and provided the code exceptions and exclusion discussed above. In summary, based on the above information, we feel the that the current City Codes as discussed above and the facts of the project as listed allows staff to recommend the proper findings that our project as submitted is consistent with the Codes and Ordinances of the City of Carlsbad. L-1021.005 1/6/98 Utduiig Design Group, Inc. REVISED BUILDING PROJECTIONS ANALYSIS FOR ZONE 16 LFMP Existing Zone Proposed Difference 16 Plan Project Planned Industrial 276.7 AC 198.6* AC -78.1 AC Open Space (Gross) 125.1 AC 200.7 AC +75.6 AC Circulation Roads 13.3 AC 14.7 AC +1.4 AC Building Square Footage (at 30% of 3,615,916 sq.ft. 2,595,305 sq.ft. -1,020,611 sq.ft. Gross) Based on the current project submittal, there has been a major reduction in impacts to public service demands and traffic impacts (a 28.2% reduction). There has also been a major increase in public benefits - a 60.4% increase in open space, one circulation road crossing (versus 2) of the Central Valley/open space corridor, and significant lineal footage of circulation road adjacent to open space with no development on one or both sides. Based on the above, all impacts and service demands have been reduced significantly from those requirements anticipated in the current Zone 16 Local Facility Management Plan approved on April 7, 1992. * The area shown in the "Proposed Project" column is the planned industrial gross lot area of the current submittal for CT 97-13. A growth management calculation of net developable was not performed (no change expected). The net pad area of the proposed project (CT 97-13) is 140.2 Acres (10± Acres less than the July 10,1997 original submittal). Building square footage based on net pad is 1,832,134 sq. ft. (140.2 x 30% x 43560). The revised traffic analysis (8/7/97) was based on 150 Acres of development and 1,921,000 sq. ft. of building. L-l 021.006 1/6/98 City of Vista s> £ PUfWG DEPARTMENT T" August 20, 1997 Chris Decerbo Senior Planner City of Carlsbad Planning Department 2075 Las Palmas Dr. Carlsbad California 92009-1576 Re Carlsbad Oaks North Thank you for allowing us to comment on the proposed Specific Plan. The staff has reviewed the proposal with the Planning Commission and has the following comments. 1. A major concern of the City of Vista is the impact of the proposed industrial development on the homes in Vista which are adjacent to the boundary of the specific plan. We request that to adequately screen the homes, the City of Carlsbad require that there be a minimum 100 foot setback along the residential boundary. Further we are requesting a eight foot high wall 25 feet from the residential property line and a minimum 25 feet of landscaping on the side of the wall away from the residential use. It is suggested that the residential property owners be given use of the 25-foot area adjacent to their property. Ai>' 2. Please condition the development to allow deliveries to the lots along the residential uses only from 7:OOAM to 10:OOPM. We believe this condition is necessary to protect the residents from being disturbed at night. \L/ 3. Please also condition the plan so that light from the buildings and parking areas shine away from the residential area. </;(/ 4. We have a concern with the proposed noise regulations because they do not appear to reduce the maximum noise level at night. Experience in the City of Vista's industrial parks has shown that noise at night can be particularly annoying, especially if the noise is from a repetitive source. Please amend the noise relations so that the maximum noise level at night is 50 decibels and five decibels lower if the noise is repetitive in nature. 5. The height restrictions in the plan are unclear as to the maximum height allowed. Please 600 EUCALYPTUS AVENUE • P.O. BOX 1988 • VISTA, CALIFORNIA 92085 • 619/726-1340 • FAX 619/945-7859 Printed on Recycled Paper *condition the Specific Plan so that the maximum height visible from the residential area is 35 feet or 548 feet whichever is lesser. 6. The City of Vista requests to review the grading plans for the lots along the residential boundary. 7. We believe that this project will have a significant traffic impact on Vista through the extension of Faraday. Therefore the City of Vista requests that this project participate in the extension of South Melrose Dr. from its current terminus South to Palomar Airport Rd. As you may be aware, the cities of Carlsbad and Vista are currently working to finance the extension through participation by affected property owners and jurisdictions. 8. While the City of Vista welcomes the extension of Faraday, we also have some concerns. The City of Vista would not permit the connection of Faraday to the City of Vista street system unless access was available to El Camino Real and the Developer participated in Installation of the Traffic Signal at Faraday and South Melrose. 9. The sole access to lot 25 appear§J0-b^across an industrial lot in Vista which is being developed. Pleasejiaye4or25^eleted from the project or redesigned with new access not into the City ofJ&staT Thank you again for this opportunity to comment. If you have any questions please don't hesitate to call Jack Larimer at 726-1340 extension 1261. Charles Bras Community Development Director/City Engineer cc Planning Commission Rita Geldert Robin Putnam Jack Larimer John Neu \ ASSOCIATION OF GOVERNMENTS 401 B Street, Suite 800 San Diego, California 92101-4231 (619)595-5300 • Fax (619) 595-5305 http://www.sandag.cog.ca.us August 20, 1997 Chris Decerbo Senior Planner City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576 SUBJECT: Proposed Carlsbad Oaks North Business Park Dear Chris: SANDAG staff has reviewed the proposal to create 27 lots on 414 acres, which will be developed with office, manufacturing, and warehouse uses. The proposed site is within the McClellan- Palomar Airport Influence Area and outside the 60 Community Noise Equivalent Level. SANDAG's Airport Land Use Commission's rules and regulations authorize staff to make a determination if the proposal is compatible with the McClellan-Palomar Comprehensive Land Use Plan. The following comment has not been reviewed by the SANDAG Board of Directors, serving as the region's Airport Land Use Commission. The proposed project is a compatible land use with the McClellan-Palomar Compre- hensive Land Use Plan if the applicant executes an avigation easement with the City ^j* of Carlsbad, as the land use agency, and the County of San Diego, as the airport ' operator. The purpose of the easement is to notify the applicant, airport operator, and land use agency that the site will be impacted by aircraft overflight. Thank you for allowing SANDAG to participate in the City's review process. If you have any questions, please call me at 595-5372. Sincerely, JACKKOERPER Special Projects Director JK/cd cc: Floyd Best, Airport Manager 2198 Palomar Airport Road Carlsbad, CA 92008 MEMBER AGENCIES: Cities of Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach, Vista, and County of San Diego. ADVISORY/LIAISON MEMBERS: California Department of Transportation, U.S. Department of Defense, S.D. Unified Port District, S.D. County Water Authority, and Tijuana/Baja California. + t City of Carlsbad Planning Department August 14, 1997 Mr. Jack Koerper San Diego Association of Governments Suite 800 401 "B" Street San Diego CA 92101 SUBJECT: CARLSBAD OAKS NORTH BUSINESS PARK - COMPLIANCE WITH PALOMAR AIRPORT C.L.U.P. The Carlsbad Oaks North Business Park Specific Plan and Tentative Map is enclosed for your review. This project is a Specific Plan and Tentative Map for the creation of 27 non-residential lots which will be developed with office, manufacturing and warehouse uses and is approximately 414 acres in size. The project falls outside the 60 CNEL noise contour within the Palomar Airport influence area. The project is located north of Palomar Airport Road and 1 mile east of El Camino Real and is 800 feet northeast 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 are received by August 28, 1997. Should you have any questions, please contact me at (760) 438-1161, extension 4445. Sincerely, CHRIS DECERBO Senior Planner CD:kr Attachment c: Floyd Best, Airport Manager, 2198 Palomar Airport Rd., Carlsbad CA 92008 File Copy 2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (G19) 438-O894 City of Carlsbad Planning Department August 8, 1997 Mr. Paul K. Tchang Techbuilt Construction Corporation 3557 Kenyon Street San Diego, CA 92110 SUBJECT: SP 211/CT 97-13/HDP 97-10/SUP 97-07/GPA 97-05/ZCA 97-05 - CARLSBAD OAKS NORTH Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Specific Plan, Tentative Map, Hillside Development Permit, Special Use Permit, General Plan Amendment, and Zone Code Amendment applications no. SP 211, CT 97-13, HDP 97-10, SUP 97-07, GPA 97-05, and ZCA 97-05 as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. This list of items must be submitted directly to your staff planner by appointment. All list items must be submitted simultaneously and a copy of this list must be included with your submittals. No processing of your application can occur until the application is determined to be complete. The second list is issues of concern to staff. When all required materials are submitted the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, July 10, 1997, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. Please contact your staff planner, Chris DeCerbo, at'(760)438-1161, extension 4445, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOI Planning Director MJH:CD:kr c:Gary Wayne Clyde Wickham Bobbie Hoder File Copy Data Entry Planning Aide Bob Ladwig Doug Woods 2O75 Las Palmas Dr. - Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (619) 438-0894 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION No. SP 211/CT 97-13/HDP 97-10/SUP 97-07/GPA 97-05/ZCA 97-05 Planning: Specific Plan - 211 -X1. Please add to the Specific Plan an 8 1/2" x 11" Circulation exhibit which depicts and labels the surrounding circulation system (including Faraday Avenue, El Fuerte Street and the proposed streets "A" - "F". i/2. Please add to the Specific Plan an Open Space section which includes an exhibit and text which addresses four categories of open space including: a. Open space for the preservation of natural resources; b. Open space for the managed production of resources; c. Open space for outdoor recreation; and d. Open space for public health and safety. For each of the open space categories, the specific plan text should include a description of the resource type/environmental constraint being preserved or avoided or the types of recreational facilities proposed within recreational open space areas. 3. Please revise Figure 2 (General Plan) to delete the existing General Plan \^ designations. This graphic should only depict the proposed General Plan designations. 4.-' Please revise Figure 3 (Zoning) to delete the existing PC and OS zoning. This •- ^ graphic should only depict the proposed PM and OS zoning designations. CT97-13 v 5. Please revise the tentative map to include tentative map number (CT 97-13) in the upper right hand corner of all map sheets. Please show the site details (including par course amenities along the pedestrian trail which are discussed below in item #2 of Specific Plan - 211 issues) for all employee eating areas and other recreation (open space) lots. Please revise the tentative map to show existing topographic contours at 2 foot intervals. Please revise the constraints map to correct the key map sheet reference numbers and/quantTfy^(provide the acreage ofJ^aliK'c^TrslifcirntT?' .,/«=.-• \\ \- ,»tf * FT W • ft \ff \ s I ' ' \ * I V\ A...-..- —- -'- M\) { ** v- * vj iM J&l Please provide a biological resources map which depicts the specific locations (in a bubble format) and acreages of the 10 identified plant communities or habitat types located on the subject property. This information should be plotted on a 40JT scale map which also includes the project footprint (impact area). 10. Please submit a biological resources report (including a California Gnatcatcher survey) for the off-site Faraday Avenue project area. Please revise sheet 2 of the Constraints Map to delete Zone 16 Open Space. This sheet should depict the existing General Plan Open Space and proposed Open Space. Each General Plan Open space area which is proposed to be taken and each, proposed Open Space give back area should be clearly labeled with acreage and' habitat type(s) identified. 12. Please submit a.constraints analysiVand slope analysis for the off-site extension of Faraday Avenue. 13. Please submit a wetlands delineation analysis for the project site. HDP 97-10 Please revise theslopen^f£j^g^nd^tp_correctly label the steepest slopes as >40% and correct thefkey mapeH<ey ^- — The project proposes grading volumes in excess of 10,000 cubic yards/acre and manufactured slopes of greater than 30 feet in height. Pursuant to Sections 21.95.070 and 21.95.080 of the Hillside Ordinance, please submit the required text and exhibits to justify these proposed modifications to the hillside development standards. GPA 97-05 Please submit a reproducible .1 ;500 scale map of the subject property showing the area and acreage of each proposed General Plan revision. Each revision area should be labeled from OS or PI to OS or PI. Do not include the project on this exhibit. Since this project is requesting an amendment to the General Plan to revise land uses, an amendment to the Zone 5 Local Facilities Management Plan (LFMP) will also be required to revise the buildout projections and facility impacts (if any) associated with the amendment to the Zone 5 LFMP. Please submit an analysis of this revision. This project proposes encroachment into General Plan Open Space. Consistent with Policy C.20 of the Open Space and Conservation Element, any adjustment to the boundaries of any designated Open Space shall require that the following findings be made: a. The proposed open space is equal to or greater than the area depicted on the General Plan; b. The proposed open space is of environmental quality equal to or greater than that depicted on the General Plan; and c. The proposed adjustment to open space is contiguous to or in close proximity to open space shown on the General Plan. submit the necessary graphics, text and analysis in order to enable these required findings to be made. ZCA 97-05 Please submit a reproducible 1:500 scale map of the subject property showing the area and acreage of each proposed zone change. Each area proposed for rezone should be labeled from PC or OS to PM or OS. Do not include the project on this exhibit. Engineering: Engineering Department comments and issues of concern will follow under separate cover. City of Carlsbad Planning Department July 23, 1997 Mr. Jack Larimer City of Vista POBox 1988 Vista, CA 92085 SUBJECT: CARLSBAD OAKS NORTH BUSINESS PARK Dear Mr. Larimer: As depicted on the enclosed plans and documents, an application has been submitted to the City of Carlsbad for the development of a 414 acre planned industrial park (Carlsbad Oaks Business Park). The project site is located to the north of Palomar Airport Road and adjacent to the City of Vista at the existing western extent of Faraday Street. Consistent with Section 3 of the Memorandum of Understanding for Notification of Land Use and Development Actions by County of San Diego and the Cities, the City of Carlsbad Planning Department hereby refers this application for development to the City of Vista for review and comment. This project application includes several legislative actions (General Plan Amendment, Zone Change and Specific Plan), and discretionary permits (tentative map, hillside development permit and a special use permit). Please review the enclosed plans and documents and submit written comments to the Carlsbad Planning Department within 45 days from the date of this notice. If you have any questions, please contact Chris DeCerbo at 438-1 161 , extension 4445. Sincerely, CHRIS DECERBO Senior Planner CD:kr 2O75 Las Palmas Dr. - Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (019) 438-O894 Uiduiig Design Group, Inc. July 17, 1997 Mr. Michael Holzmiller Planning Director City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576 SUBJECT: CARLSBAD OAKS NORTH BUSINESS PARK (LADWIG DESIGN GROUP, INC. - J/N L-1021) Dear Michael: About a week ago we submitted the full application for a tentative map and other requests to the City for the Carlsbad Oaks North Business Park. Enclosed with this letter are two copies of the aerial photograph flown on July 9, 1997. On the exhibit I have shown the proposed uses within the business park along with identifying the surrounding streets and ownerships. Hopefully this exhibit will help the project planner process our project. Thank you for your interest in this project. We look forward to your staffs response to us in about three weeks. If you have any questions, please give me a call. Sincerely, Ladwig Design Group, Inc. Robert C. Ladwig RCL:klb.069 cc: Mr. Paul Tchang, Techbilt Construction (with two enclosures) Mr. Tim Carroll, O'Day Consulting (with one enclosure) Mr. Tony Lawson, ADL Planning & Associates (with one enclosure) Mr. Don Rideout, City of Carslbad (with one enclosure) 703 Palomar fiirport Road + Suite 300 + Carlsbad, California 92009 (760) 438-3182 FfiX (760) 438-0173 TECHBILT CONSTRUCTION CORP. Mailing Address Fax No. (619) 223-2865 3575 Kenyan Street P. O.Box 80036 Telephone No. (619) 223-1663 San Diego, CA. 92110 San Diego, Co. 92138 February 27, 1997 Mr. Don Rideout City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-4859 RE: Carlsbad Oaks North Business Park HMP COMPLIANCE OUTLINE Dear Don: Enclosed please find the HMP Compliance Outline for your use in meeting with the "Agencies" as part of your preparation and processing of the City of Carlsbad HMP. It is our understanding you will be meeting with the "Agencies" in the very near future and that we will be invited to participate. This Outline was prepared after several meetings with you and the City's consultants. The items covered in the Outline are reflected on the "Carlsbad Oaks North Business Park Site Plan" dated December 4, 1996. Should you have any questions concerning the enclosed material or have any additional information or comments, please do not hesitate to contact me. Very truly yours, TECHBILT CONSTRUCTION CORP. Doug£fas E. Woods DEW:se CBHCTYRDO cc: Rick Alexander, The Rick Alexander Company Wayne Spencer, Ph.D., Ogden Brock Ortega, Dudek & Associates Bob Ladwig, Ladwig Design Group, Inc. RECEIVED MAR 0 3 1997 LADWIG DESIGN GR ruary 27, 1997 CARLSBAD OAKS NORTH BUSINESS PARK HMP COMPLIANCE OUTLINE The design of the Carlsbad Oaks North Business Park Plan dated 12/4/96 is consistent with the intent of the NCCP. The Plan makes significant and appropriate contributions to the implementation of the Carlsbad HMP and expands the regional preservation system. The preservation of habitat in this Plan is comprehensive and achieves the goals of habitat preservation by its design configuration. The following specifics of our Plan outline our contribution «and conformance to the goals of the Carlsbad HMP and the regional MHCP: .1. The land use .will be industrial/office. This land use has less environmental impact on the adjacent open space than a residential use. 2. There are 44.8 acres of coastal sage scrub on site. 34.38 acres (see Table A (1)) of coastal sage scrub will be impacted on site. 10.39 acres (see Table B (2)) of coastal sage scrub will remain undisturbed. Mitigation of 34.38 acres at a ratio of 1.5:1 will be required per the HMP. This requires 51.57 acres of coastal sage scrub mitigation. 10.39 acres of coastal sage scrub will be mitigated on site, leaving a balance of 41.18 acres of Coastal Sage requiring off site mitigation. The federally-listed threatened California gnatcatcher does / not occur; on this property. The coastal sage scrub will be mitigated in the Carlsbad reserve area or another agency approved conservation bank. 3. It is anticipated there would be approximately 1.2 acres (see Table A (2)) of wetland disturbance. As the agencies allow no net loss of wet lands, the mitigation for this disturbance will be on site. However, off site mitigation of wetlands impacts would be acceptable if approved by the Resource Agencies. The federally-listed endangered least Bell's Vireo and southwestern willow flycatcher were not found on site. 4. The open space corridor between developed pad areas ranges from 650 feet wide to over 1000 feet wide. 5. The Faraday Street Crossing over the open space corridor requires construction of an 8 foot high x 30 foot wide culvert. The culvert will have a natural dirt floor and be subject to natural recruitment by native plant species with consideration given to a drainage system. This arch culvert will facilitate wildlife movement through this regional open space corridor. (See attachment.) 6. The configuration of the development minimizes the "edge RECEIVED effect" adjacent to the open space corridor. By concentrating the development adjacent to existing MAR 0 3 1997 developed areas, the developed areas are massed in such """ a manner as to create natural connecting open space LADWIG DESIGN GR areas' 7. Encroachment into southern live oak woodland areas will be mitigated on site. Mitigation measures will be determined on a basis of equivalent density of the areas disturbed. The areas for mitigation will be near or adjacent to the existing southern live oak woodland areas. 8. Slope banks constructed as part of the development of the Carlsbad Oaks North Business Park that are adjacent to open space, approximately 28.16 acres (see Table C), will be planted with native landscape materials. This creates a blending effect between the existing undisturbed -open space and the newly created slopes. This landscaping program will broaden and enhance the open space corridors. DW:TT:se CBXHMP Page 2 of 4 CARLSBAD OAKS NORTH JfeESS PARK TABLE A muz7/97 TOTAL VEGETATION IMPACTS FOR THE PROPOSED LIMITS OF DISTURBANCE (1) (2) (2) (2) (1) VEGETATION TYPES Annual Non-Native Grassland Coyotebrush Scrub Coastal Sage Scrub Disturbed Habitat Freshwater Marsh Freshwater Marsh/disturbed Southern Willow Scrub Southern Coast Live Oak Woodland Ornamental/Revegetation Southern Mixed Chaparral Scrub Oak Chaparral Southern Willow Scrub disturbed Coastal Sage Scrub disturbed Southern Mixed Chaparral TOTAL ACRES OF DISTURBANCE HABITAT AGL CBS CSS DH FWM FWM/dSWS LOW ORN/RVG SMX SOC SWS dCSS dSMX ACRES 22.2448 2.7066 33.1107 5.345 0.1105 0.5832 3.5172 3.1999 170.8216 7.3018 0.4947 1.2709 2.4406 253.1475 TABLE B BREAKDOWN OF VEGETATION TYPES IN OPEN SPACE (UNDISTURBED) (2) (2) VEGETATION TYPES Annual Non-Native Grassland Cismontane Alkali Marsh Coyotebrush Scrub Coastal Sage Scrub Disturbed Habitat Freshwater Marsh Freshwater Marsh/disturbed Southern Willow Scrub Southern Coast Live Oak Woodland Southern Coast Live Oak'Riparian Forest Ornamental/Revegetation Open Water Southern Mixed Chaparral Scrub Oak Chaparral Southern Willow Scrub disturbed Coastal Sage Scrub disturbed Southern Mixed Chaparral OPEN SPACE TOTAL HABITAT AGL CAM CBS CSS DH FWM FWM/dSWS LOW ORF ORN/RVG OW SMX SOC SWS dCSS dSMX ACRES 30.9587 0.107 1.573 10.375 1.602 0.9736 0.7672 1.4842 26.2729 6.9404 0.1169 50.8341 11.1537 9.3993 0.017 8.2892 160.8642 TABLE C BREAKDOWN OF VEGETATION TYPES FOR MANUFACTURED SLOPES ADJACENT TO OPEN SPACES VEGETATION TYPES Annual Non-Native Grassland Coyotebrush Scrub Coastal Sage Scrub Disturbed Habitat Freshwater Marsh Freshwater Marsh/disturbed Southern Willow Scrub Southern Coast Live Oak Woodland Ornamental/Revegetation Southern Mixed Chaparral Scrub Oak Chaparral Southern Willow Scrub disturbed Coastal Sage Scrub disturbed Southern Mixed Chaparral SLOPE TOTAL HABITAT AGL CBS CSS DH FWM FWM/dSWS LOW ORN/RVG SMX SOC SWS dCSS dSMX ACRES 6.2546 0.0999 1.4236 0.7289 0.0404 0.1967 0.8477 1.3077 15.2641 1.5712 0.0934 0.1787 0.152 28.1589 Page 3 of 4 oI ocr m;o om Lk LJri_ vO s > ruioui vDox DO C n nco (/) u PAGE 4 of 4 City of Carlsbad Planning Department Februarys, 1997 Mr. Paul Tchang Techbuilt Construction Corporation PO Box 80036 San Diego, CA92138 SUBJECT: PRE 97-03 - CARLSBAD OAKS NORTH BUSINESS PARK APN: 209-050-21,22,23,24 A preliminary review of your project was conducted on January 30, 1997. 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. The project (lots 18, 19, and 21) proposes encroachment into significant landform features which include slopes with gradients of greater than 40%. The project should be redesigned to avoid impacting these topographic features. 2. The project (lots 9, 26, 29, 30, 31, 32) proposes encroachment into General Plan Open Space. Any adjustment of Open Space boundaries shall require that a General Plan Amendment be processed and approved. Consistent with Policy C.20 of the Open Space and Conservation Element, any adjustment of the boundaries of any Open Space area shall require that the following findings be made: a. The proposed open space area is equal to or greater than the area depicted on the General Plan; b. The proposed open space is of environmental quality equal to or greater than that depicted on the General Plan: and c. The proposed adjustment to open space is contiguous to or in close proximity to open space as shown on the General Plan. 3. Carlsbad Trails System Segment No. 26 is proposed to extend across the project site from east to west generally following the designated open space along the Agua Hedionda Creek drainage system. Although the detailed alignment for the trail has not been established, the trail should be aligned along the drainage corridor to take advantage of the scenic and educational amenities of the Creek. Consistent with the City's Open Space and Conservation Resource Management Plan, this trail should be designed as a 10 foot wide unpaved hiking trail. In view of the above-noted Trail Plan objectives staff cannot support your proposal to locate the trail along Faraday Avenue. 2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (619) 438-O894 CARLSBAD ™KSPRE 97-03 - CARLSBAD WlKS NORTH BUSINESS PARK FEBRUARYS, 1997 PAGE 2 4. The project site plan does not include any buffer area between the proposed non- residential pads on lots 1, 18, 19 and 21 and the existing single family residential development which is located immediately to the east within the City of Vista. It is strongly recommended that meetings be set up with the residents within this neighborhood to discuss the project proposal and to incorporate adequate land use buffers into the site plan. 5. Your proposal to create manufactured slopes of greater than 30 feet in height (the existing City standard) may be acceptable subject to the following criteria: a. the slopes are located in areas where they will be predominantly screened from public view by proposed structures; b. any portion of the slope greater than 30 feet in height and which is not screened from public view shall be required to be contour graded; c. all manufactured slopes which are greater than 20 feet in height and 200 feet in length and which are located adjacent to a public or private street or public open space area shall be contour graded. 6. It is quite likely that an Environmental Impact Report shall be required for this project in view of the significant environmental resources on the subject property and potential for public controversy associated with developing along one of the best preserved riparian systems in the City and immediately adjacent to a residential subdivision in the City of Vista. 7. Staff does not support your request to delete sidewalks along one side of proposed cul- de-sac streets, the loop street or Faraday Avenue. / 8. A Conditional Use Permit shall be required for the proposed rock processing facility. 9. Agua Hedionda Creek is a unique environmental feature and aesthetic resource. In order to preserve the character and integrity of this major riparian resource, it is strongly recommended that proposed lots 28, 29, 30, 31, and 32 be deleted from the site plan. 10. Project encroachment into coastal sage scrub habitat and other sensitive biological habitat is evident. However, in that the constraints map does not clearly identify the boundaries of the sensitive habitats, it is not possible to provide specific comments regarding these impacts. For the purpose of project redesign, it is strongly recommended that this project avoid encroachment into riparian, wetland (marsh) and woodland habitat and minimize encroachment into coastal sage scrub. 11. Your concept of "contour grading" (i.e., a standard 2:1 slope that catches up to an existing variable slope) is not acceptable. Contour grading is a grading concept designed to result in earth forms (slopes) which resemble natural terrain characteristics. Horizontal and vertical curve variations should be used for slope banks. >WKSPRE 97-03 - CARLSBAD WiKS NORTH BUSINESS PARK FEBRUARYS, 1997. PAGE 3 Engineering: 1. The Engineer and applicant should follow the requirements of the Zone 16 Local Facilities Management Plan the City's Master Plan of Sewage and the Drainage Master Plan. Also last year another preliminary review was made and it contains a lot of information similar to this proposal. I have attached a copy to pass on to the Engineer. 2. The Master Sewer Plan and the Local Facilities Management Plan for this region indicates a gravity flow sewer system. The facility is known as the South Agua Hedionda Interceptor and serves Vista, the Raceway basin, and I believe, a portion of the previous project that this applicant was involved in (CT 74-21). Bill Plummer has additional input on this issue. 3. HEC I and II analysis will be required for the proposed project as it affects the Agua Hedionda Creek and its tributaries. We have had 2 downstream projects submitted recently both from Manitou Engineering. FEMA will also have restrictions on development within the floodplain. 4. Lots 28,29, 30 and 31 appear to encroach into the floodplain and also propose grading or fill into a sensitive habitat. Reconsideration to these lots would be a good idea. The realignment of Faraday Ave. adjacent to lot 25 could also improve the filling or encroachment of this sensitive area. 5. A NPDES settling pond before outlet into the Agua Hedionda Creek is needed for this development. Also consideration of a desiltation basin, or a couple of basins should be included. Again a detailed study will be required. 6. A detailed traffic study will also be required. Offsite improvements to the El Fuerte / Palomar Airport Road intersection should be investigated. The westerly extension of Faraday Ave. could offer the access and fire safety this park may need . There has been a lot of concern for the extension of Melrose Drive to tie into Palomar Airport Road. The traffic study and the Environmental Impact Report will have to address this issue. 7. The proposed lot configuration and road alignment should include sight distance studies. The required sight corridors from intersections and high use driveways should be plotted and a realignment may be necessary. Driveway visibility from the inside of a curved roadway has always been a problem. 8. Existing City standards require driveway spacing and intersection spacing to be at least 300'. This issue in combination with the sight distance issue mentioned above will require a minor redesign. 9. Check the vertical alignment problems through intersections. Consider the large volume driveways as intersections. This alignment issue also affects the issues mentioned above. 10. The proposed 56' wide roads are narrow for a Business Park use. If you consider the ADT proposed and the truck problems accessing these sites, a larger road makes more sense. 11. We have had problems with sidewalks on a single side of the road. Many of our older projects are deficient in this respect , I wouldn't want to promote that mistake to a new PRE 97-03 - CARLSBAD C^KS NORTH BUSINESS PARK FEBRUARY 5, 1997 PAGE 4 project. Sidewalks will be required on both sides of all public streets. Faraday and El Fuerte, being Secondary Arterials will also have sidewalks on both sides. 12. The proposed grading is considered excessive. The amount necessary for El Fuerte and for Faraday alone should be separated. The 70 - 100' slopes may not be approved as proposed. Additional soils reports and design changes are needed to support the design of large slopes. The designer should pay attention to City Standard GS 14 as it relates to slope setbacks, bench systems and slope rounding. 13. A few of the lots that are critical could be stepped to lessen the impact of terrain and road grades. Considering the terrain, Lot 9 does not fit and trying to squeeze it in, creates more slope than pad. This is one area that grading sensitive, greater than 40% slopes could not be supported. Similarly, the location of the loop road serving lots 21 & 22 runs right up the center of another sensitive area. Relocation should be considered. 14. The preliminary proposal asked staff to consider City Participation in the cost of constructing a wetlands habitat crossing on Faraday. I looked in the approved financing plan for zone 16 and could not find any City - Developer funding programs like this. A possible place to investigate financial relief could be in a Drainage Fee program, a PFF improvement, or possibly a Bridge and Thoroughfare District. More information should be submitted to fully understand this request. 15. Finally, the plan submitted has a City boundary error on the top between Vista and I believe Carlsbad. Please contact Chris DeCerbo at (619) 438-1161, extension 4445 if you have any questions. Sincerely, GARY/E. WAYNE Assistant Planning Director GEW:CD:kr c: Michael J. Holzmiller Bobbie Hoder File Copy Data Entry requiring findings that the loss will not exceed the City's 5% cumulative loss nor preclude implementation of the Habitat Management Plan or the regional MHCP. The loss of habitat is considered de minimus by virtue of its size, location and lack of connectivity by the wildlife agencies. The habitat fragment proposed for disturbance is isolated from lands addressed in either plan and is not part of a habitat fragment large enough to require preservation. c) The project is subject to and consistent with Mello II LCP policies and implementing ordinances regarding disturbance to 25% slopes possessing 25% slopes with chaparral and coastal sage scrub plant communities (dual criterion). Disturbance to a very small area of isolated 25% slopes containing southern mixed chaparral will result from the proposed project, however, LCP policies permit an encroachment not to exceed 10% of the steep slope area if the application of this policy would preclude any reasonable use of the property. Due to the location of the isolated slopes along the property's southeastern boundary preservation of these isolated steep slopes would preclude circulation around the proposed office and distribution facility thereby precluding a reasonable use of the property. VIII. ENERGY AND MINERAL RESOURCES a-c. The project's compliance with Building Codes, Title 20, and Chapter 17 of the Municipal Code in accordance with the MEIR mitigation measures to reduce impacts (Electricity and Natural Gas Section 5.12.1 of the MEIR) associated with the use of non-renewable resources in a wasteful manner will ensure implementation of energy conservation measures. The MEIR has identified mineral resources within the City of Carlsbad boundaries, and no mineral resources are located within the project area. IX. HAZARDS aandc) The City's Fire Protection Code prohibits the storage of explosive materials within the City Limits. The project is located immediately to the north of the Carlsbad Research Center industrial park in which hazardous materials may be utilized for manufacturing processes. Chapter 6.03 of the Carlsbad Municipal Code requires disclosure and restricts the usage of hazardous materials in accordance with the San Diego Code of Regulatory Ordinances as amended through December 1, 1982. The usage of greater quantities of hazardous materials require conformance with the Uniform Building Code specifications for "H" occupancy construction. To avoid the use of greater quantities of hazardous materials at the proposed site which is adjacent to residential uses, the project will be conditioned to prohibit the "H" occupancy building classification within any portion of the structure. b) The project site is located at the bulb of an existing cul-de-sac street from which it will receive access. The project would provide onsite circulation aisles and parking to satisfy the projected demand thereby enabling unobstructed circulation through the site for any necessary emergency response vehicles. d) There are no existing health hazards on the site per the Phase I Site Assessment conducted for the property by GeoSoils, Inc. (1997). Construction of the proposed project is immediately adjacent to the airport influence area and outside the "crash hazard zone"; therefore the potential for accidents is minimal. The project is not located within the airport noise contours and therefore not subject to higher noise levels. 14 Rev. 03/28/96 e) The project would not increase fire hazards in that the development would reduce the amount of flammable native and non-native vegetation in the area and replace it with irrigated landscaping, a concrete tilt-up structure, and parking lots. The proposed structure would be a minimum of 85' from native and non-native vegetation existing on adjacent sites/ X. NOISE a) The project is subject to the performance standards of the P-M zone; therefore it will be conditioned to restrict noise levels to 65 Ldn at the property line to avoid potential increases in existing noise levels. The vertical and horizontal separation from existing residential uses to the north will reduce and avoid noise impacts, however, future residential uses to the west could be subject to higher noise levels (65 Ldn) at the property line. XI. & XII. PUBLIC FACILITIES & SERVICES In accordance with the City's MEIR, the project must be consistent with and will be conditioned to comply with the City's adopted Growth Management performance standards for public facilities and services to ensure that adequate public facilities are provided prior to or concurrent with development. The project is located within the Zone 5 Local Facilities Management Plan (LFMP) thereby ensuring that performance standards for public facilities will be met through build-out of the zone. The project is conditioned to require the payment of a $.40/square foot park fee as required by the LFMP. XIII. AESTHETICS a-b) The project will not impact a scenic vista or highway. The development conforms to the design criteria and development standards required by the P-M zone to avoid negative aesthetic effects-^The structure is designed with loading bays and truck circulation located along the eastern elevation abutting similar industrial properties and away from the residentially zoned properties to the north and west. Architectural enhancement along the western elevation along with a lower building pad will somewhat reduce the perception building mass from the adjacent residentially zoned parcel. A 10' - 30' high crib wall is required at one location along the northern boundary, however, the wall will not be visible from any adjacent property. c) The project will be conditioned to require a parking lot lighting plan to avoid illuminating the adjacent residential sites, however, facility lighting XIV. CULTURAL RESOURCES A Cultural Resource Survey conducted on the site by Gallegos and Associates identified no cultural resources. Although no direct significant impacts were identified and no mitigation required, the report recommends that the intact portion of site W-122 situated adjacent and west of the project area be flagged/staked for avoidance of secondary impacts. This recommendation will therefore be required as a condition of project approval. In accordance with General Plan MEIR mitigation measures, the project will be conditioned to require a paleontologist to survey and inspect the site prior to and during grading operations. 15 Rev. 03/28/96 CERTIFIED - RETUP-'-j-RECEIPT REQUESTED CARLSBAD OAKS EAST, LTEt Fax No. (619) 223-2865 Telephone No. (619) 223-1663 3575 Kenyan Street San Diego, CA. 92110 Mailing Address P. O.Box 80036 San Diego, Ca. 92138 June 26, 1992 Ms. Melissa Mohr Edrector of Sales & Marketing Kaufman & Broad of San Diego 12520 High Bluff Drive, - #120 San Diego, CA 92130 RE: CALIFORNIA SUMMIT E ear Ms. Mohr: Ey way of introduction, we are the owners of approximately 420 acres of commercial/industrial property immediately adjoining a portion of project on the west. This is a part of our CARLSBAD OAKS BUSINESS PARK, which is a 600 acre Business Park. We are in the City of Carlsbad, and the City General Plan designated our property for commercial/industrial development consistent with other commercial/industrial in the area. We request you advise your sales and marketing staff regarding the future commercial/industrial development potential of our property so that they can make full and complete disclosures regarding the adjoining property. For ease of reference, our property is identified as: Assessor's Parcel Numbers: 209-050-04 209-050-21 209-050-22 209-050-23 209-050-24 Enclosed please find a brochure covering CARLSBAD OAKS EAST. We call your attention to the 420 acres of the Master Plan, called Phase 3 and 4. if there are any questions regarding our plans, please do not hesitate to contact me. Very truly yours, CARLSBAD OAKS EAST, LTD. By: Tech Construction Corp., Managing Partner PKT:js Encl. (Brochure) By:. Paul K|Tchang, President Theodore E. Gildred, Del Dios, Inc. William Cardon, Kaufman & Broad of San Diego en SENDER: • Complete items ] and/or 2 for additional services. • Complete items 3, and 4a & b. • Print your name and address on the reverse of this form so that we can rnturn this card to you. *• Attach this form to the front of the mailpiece, or on the back if space dofts not permit. • Write "Return Receipt Requested" on the mailpiece below the article number. • The Return Receipt Fee will provide you the signature of the person delivered to and the date of delivery. 3. jArticle Addressed to: Ms. Melissa Mohr Director of Sales &.Mkt. •Kaufman & Broad of San Diegc 12520 High Bluff Drive,-#120 San Diego, CA 92130 I also wish to receive the following services (for an extra fee): 1. D Addressee's Address 2. D Restricted Delivery Consult postmaster for fee. 4a. Article Number P 480 064 065 4b. Servi(Jf>Type D Registered D Insured Certified D COD eceipt for e 5. Signature (Addressee)8. Addressee'sJ&tii and fee is p PS Form 3811, November 1990 *u.s. GPO: 1991-287-066 DOMESTIC RETURN RECEIPT June 27, 2002 TO: Associate Planner FROM: Park Planner RE: Carlsbad Oaks Business Park- Trails I have reviewed the Specific Plan, EIR and Tentative Map for the above named project and provide the following plan check comments regarding the trails identified in the plans for the Citywide Trail system. Please provide the following information and comments to the Developer as necessary for including in the future development for the trails: General Comment: I have reviewed the pertinent sections of the EIR and Specific Plan for the Carlsbad Oaks North Business Park and find the trail alignments are in compliance on the plans submitted for me to review and also approve of the designated alignments as shown in the OSCRMP and as shown in the Specific Plan in figure 5.1-4\ Sheet 6, 7 and 8 '•• s Trail alignments and proposed trail easement are shown in the open Space lots are fine, however in next plan check - will be looking for more detail on surfacing type. The specific plan (Figure 12) is vague with language.." improved as necessary." Need to know specifics for improvements, does this include any grading, shouldering, berming, surface treatments, fencing. Note: Per EIR in areas where trail is adjacent to sensitive habitats, fencing is required and signage will be required. Coordinate any signage requirements that conservation agenices may have for protection of sensitive habitat. If no standards are available provide example of signage for City to review in future plan check submittals. Carlsbad Oaks North Business Park- Specific Plan Figure 10 and Figure 12- (See Attached copies with comments) Consult with Engineering Department to see if its possible to provide a 4-5' landscape buffer strip between the curb and 5' walk, in effect with new standards for "livable communities" adopted recently by City Council. I have a concern with the 10' DG path being right behind curb even if an edging is provided there may be potential for DG to wash into storm drains. Check with Engineering for potential water quality issues or concerns they may have. Should you have questions regarding the above comments, please feel free to call me at #2978. LIZ KETABIAN cc: Principal Planner, Don Hideout Park Development Manager, Mark Steyaert Attachments: Carlsbad Oaks North Plan - Figure 10 -Land Use Plan Carlsbad Oaks North Business Plan - Figure 12-Trail Detail February 2, 2000 City of Carlsbad Project Planner Anne Hysong 2075 Las Palmas Drive Carlsbad, CA 92009 Re: Carlsbad Oak North Business Park - EIR98-08 Dear Ms. Hysong North County Transit District (NCTD) has reviewed the project referenced above and has the following comments and suggestions: Currently, NCTD provides bus service along El Camino Real and along Palomar Airport Road. Service operates Monday through Sunday on an hourly frequency. Though this service does not access the interior of the project now, it should be noted that there is a strong possibility, at the conclusion of Fast Forward (NCTD's strategic business planning effort), that service could be provided along Faraday Avenue, which accesses the interior of this development. I thank you for giving us the opportunity to review and comment on this project. If you have any additional questions, please do not hesitate to call me at (760) 967-2859 Sincerely, Michael B Daney Transportation Planner MBD:plng NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD 810 Mission Avenue, Oceanside, CA 92054 760-967-2828