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HomeMy WebLinkAbout2004-09-01; Planning Commission; ; GPA 04-08|ZC 04-03|LCPA 04-07|CT 04-06|PUD 03-02|PIP 03-02|CDP 03-06|HDP 03-02 - PALOMAR POINTEThe City of Carlsbad Planning Department .- . P.C. AGENDA OF: September 1,2004 A REPORT TO THE PLANNING COMMISSION Application complete date: Project Planner: Barbara Kennedy Project Engineer: John Maashoff SUBJECT: GPA 04-08/ZC 04-03kCPA 04-07/CT 04-06/PUD 03-02/PIP 03-02/CDP 03- 06/HDP 03-02 - PALOMAR POINTE - Request for a recommendation of approval of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, General Plan Amendment, Zone Change, and Local Coastal Program Amendment, and to approve a Tentative Tract Map, Non-residential Planned Unit Development Permit, Planned Industrial Permit, Coastal Development Permit and Hillside Development Permit for the subdivision of 13.47 acres of land into three building envelope lots, one joint access and parking lot, one commonly maintained detention basin lot, and two open space lots, and including the construction of three office/industrial buildings on property generally located southeast of College Boulevard, southwest of Aston Avenue, and north of McClellan-Palomar Airport on property located in the P-M zone in Local Facilities Management Zone 5. t I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5709 RECOMMENDING ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and ADOPT Planning Commission Resolutions No. 5710, 5711, and 5712 RECOMMENDING APPROVAL of GPA 04-08, ZC 04-03, and LCPA 04-07, and ADOPT Planning Commission Resolutions No, 5713, 5714, 5715, 5716 and 5717 APPROVING CT 04-06, PUD 03-02, PIP 03-02, CDP 03-06 and HDP 03-02, based on the findings and subject to the conditions contained therein. 11. INTRODUCTION The development proposal includes a request for Planning Commission approval of a tentative tract map, non-residential planned unit development permit, planned industrial permit, coastal development permit, and hillside development permit to subdivide, grade and construct three officehndustrial buildings on a 13.47 acre site located in the P-M zone. As proposed, the site would be subdivided into seven lots consisting of three building envelope lots, one joint access and parking lot, one commonly maintained detention basin lot, and two open space lots. In addition, the proposal includes a request for a Planning Commission recommendation of approval for a General Plan Amendment (GPA) and Zone Change (ZC) to designate the habitat preservation areas as Open Space, and a Local Coastal Program Amendment (LCPA) to update the Local Coastal Program (LCP) maps so that they are consistent with the proposed GPA and zc. GPA 04-08/ZC 04-03ILCPA 04-07/CT 04-06/PUD 03-02/PP 03-02/CDP 03-06/HDP 03-02 - PALOMAR POINTE September 1,2004 Page 2 The project is located within the Mello I1 Segment of the City’s adopted LCP and within the California Coastal Commission appeal jurisdiction area of the Local Coastal Zone. The project was found to have potentially significant impacts on the environment, however, incorporation of the recommended mitigation measures will reduce these impacts to a less than significant level. Therefore, a Mitigated Negative Declaration has been prepared for the project. As designed and conditioned, the project is in conformance with all City standards and staff is recommending approval of the project. 111. PROJECT DESCRIPTION AND BACKGROUND The project site is a 13.47 gross acre vacant site located in the northwest quadrant of the City. The site is located southeast of College Boulevard, southwest of Aston Avenue, and north of the McClellan Palomar Airport. The north, east and northwest sides of the site are surrounded by office/industrial development and the McClellan-Palomar Airport is located south of the site. The future municipal golf course is located generally west of the site. Elevations on the property range from about 284 feet above mean sea level (msl) at the northeast comer of the site to 329 feel msl at the southwest comer of the site. Slopes with a 15 - 40% gradient are located along the northem and northeastern edges of the property. The flatter areas of the site are located to the south of the site. A number of sensitive vegetation communities were identified on site and within the off-site access road area. These include Southern Maritime Chaparral, Diegan Coastal Sage Scrub, and San Diego Mesa Claypan Vernal Pools. The applicant has been working with the City of Carlsbad, the California Coastal Commission, and the Wildlife agencies to identify areas of the site to be preserved. The “hardline” preserve areas and developable areas have been agreed to and are represented as an exhibit in the City’s draft Habitat Management Plan (HMP). Development will be limited to the flatter portions of the site while the steeper slopes with native vegetation and areas containing vernal pools will be avoided. The Palomar Pointe project consists of three industrial office buildings totaling 84,240 square feet and related parking and landscape areas. Buildings “A,” “B,” and “C” contain 32,800, 17,000, and 34,400 square feet, respectively. The project will require off-site development of a new public road which will be accessed from the south side of College Boulevard, south of Aston Avenue. The new street will also serve portions of the future Carlsbad Municipal Golf Course. Development is proposed primarily within the central and southeast portions of the site in the more level areas of the site. Approximately 6.41 acres (48% of the site) will be preserved as open space. Three buildings are proposed on the site. Building “A” is a two-story, 32,800 square foot office building with a height of 36 feet. Building “B7’ is a one-story, 17,000 square foot office/industrial building with a height of 25.5 feet. Building “C” is also one-story, with 34,440 square feet of multi-tenant industrial space and a height of 25.5 feet. t The site is located in the Mello II Segment of the Local Coastal Zone and has a General Plan Land Use designation of Planned Industrial (PI) and a Zoning designation of Planned Industrial h - GPA 04-08/ZC 04-03/LCPA 04-07/CT 04-06/PUD 03-02/PP 03-02/CDP 03-06/HDP 03-02 - PALOMAR POINTE September 1,2004 Page 3 (P-M). The applicant is proposing a GPA and ZC to designate the open space preserve areas as Open Space (OS) on the General Plan and Zone Maps, and an LCPA to reflect these changes on the LCP land use and zone maps. The project is located within the boundaries of the McClellan-Palomar Airport Influence Area and therefore is subject to the McClellan-Palomar Airport Comprehensive Land Use Plan. I The project involves the following legislative actions: A. B. C. General Plan Land Use Map Amendment from PI to PI and OS; Zone Change from P-M to P-M and OS; and Local Coastal Program Amendment to implement the General Plan Amendment and Zone change in the Local Coastal Program. The proposed project is subject to the following plans, ordinances, standards, and policies: D. E. F. G. H. I. J. K. General Plan PI (Planned Industrial) and OS (Open Space) designations Carlsbad Municipal Code, Title 2 1 (Zoning Ordinance) including: 1. P-M (Planned Industrial) Zone (Municipal Code Chapter 21.34); 2. OS (Open Space) Zone (Municipal Code Chapter 21.33); Non-Residential Planned Developments (Municipal Code Chapter 2 1.47; Carlsbad Municipal Code, Title 20 (Subdivision Ordinance); McClellan-Palomar Airport Comprehensive Land Use Plan (CLUP); Hillside Development Regulations (Municipal Code Chapter 2 1.95); Coastal Development Regulations for the Mello I1 Segment of the Local Coastal Program and the Coastal Resource Protection Overlay Zone (Municipal Code Chapters 21.201 and 21.203); and Growth Management Ordinance (Zone 5 Local Facilities Management Plan). The recommendation for the proposal was developed by analyzing the project’s consistency with the applicable City regulations and policies. The project’s compliance with each of the above regulations is discussed in detail in the sections below. IV. ANALYSIS Legislative Actions NB. General Plan ArnendmenvZone Change The project site is currently designated by the General Plan Land Use Map for PI land use and is zoned P-M. The project includes a General Plan amendment to redesignate the proposed project open space from PI to OS. To ensure zoning consistency with the proposed General Plan Land Use designations, the portion of the property proposed as OS would also be rezoned to the OS zone designation. This action is consistent with the General Plan Open Space Element and is in accordance with the intent and purpose of the open space zone to designate high-priority GPA 04-08/ZC 04-03/LCPA 04-07/CT 04-06LPUD 03-02LPP 03-02/CDP 03-06/HDP 03-02 - PALOMAR POINTE September 1,2004 GOAL, OBJECTIVE OR PROGRAM Site is designated for industrial uses. Provision of affordable housing. Minimize environmental impacts to sensitive resources within the City. resource areas as open space at the time of development. The City’s draft Habitat Management Plan requires designation of the open space preserve areas as Open Space on the General Plan Land Use and Zoning maps, concurrent with development. IMPROVEMENTS Industrial/office buildings. Yes Conditioned to pay a non- Yes residential linkage fee if adopted by City Council. The project complies with the draft HMP hardline. The open space preserve areas will be redesignated to OS on the General Plan Land Use Map, Zone map, and LCP maps. The open space preserve will be managed by an appropriate conservation entity with adequate funds for long-term biological management, consistent with the draft HMP. C. Local Coastal Program Amendment The LCPA is required in order to implement the proposed General Plan Land Use Amendment from PI to PI and OS and zone change from P-M to P-M and OS in the Local Coastal Program. The LCPA will result in consistency between the General Plan Land Use and zoning and the Local Coastal Program land use and zoning designations for the site. No comments were received during the required six-week LCPA public notice of availability period. Regulatory Compliance f D. General Plan The General Plan designation of the site is PI, and a new OS designation is proposed for the open space preserve areas. The PI land uses include manufacturing, warehousing, storage, research and development, and utility uses. The project complies with all of the elements of the General Plan as shown in Table A below ELEMENT Land Use Housing Open Space & Conservation TABLE A - GENERAL PLAN COMPLIANCE USE, CLASSIFICATION, I PROPOSED USES & I COMPLIANCE GPA 04-08/ZC 04-03/LCPA 04-07/CT 04-06PUD 03-02/PIP 03-02/CDP 03-06/HDP 03-02 - PALOMAR POINTE September 1 , 2004 Page 5 The project is located between the 60 and 70 dBA CNEL noise contour. Mitigation measures are included to reduce the interior noise levels for office uses to a maximum of 50 dBA T I ELEMENT Yes .BLE A - GENERAL PLAN COMPLIANCE CONTINUED USE, CLASSIFICATION, I PROPOSED USES & I COMPLIANCE Require new development to construct roadway improvements needed to serve proposed development. Payment of Park-in-lieu fee. Provision of emergency water systems and all- GOAL, OBJECTIVE OR I IMPROVEMENTS I CNEL. The subdivision will be Yes required to construct a new off- site public street from College Boulevard to the site. Conditioned to pay Park-in-lieu Yes fee prior to issuance of building permits. All necessary water mains, fire hydrants and appurtenances Yes PROGRAM Utilize noise standards contained in the Noise Guidelines Manual. weather access roads. must be installed prior to occupancy of any building and all-weather access roads will be maintained throughout I construction. The project has been designed to comply with the “hardline areas” shown for the Hieatt Property in Addendum I1 of the draft Carlsbad Habitat Management Plan. The areas to be preserved as open space lands will be transferred to and managed by an appropriate conservation entity with adequate endowment funds for long-term biological management. Designation of the open space preserve areas as OS is consistent with the General Plan Open Space Element and is in accordance with the intent and purpose of the open space zone to designate high-priority resource areas as open space at the time of development. The amendment will provide an additional 6.41 acres of General Plan designated Open Space. E.l & E.2 Planned Industrial (P-M) and Open Space (OS) Zones The PM ordinance requires industrial subdivisions to be accompanied by an application for a Planned Industrial Permit (PIP), subject to the approval of the same decision-maker that approves the subdivision, which in this instance is the Planning Commission. A PIP for building construction is typically issued by the Planning Director. However, since the development proposal includes the three buildings as well as the subdivision, the PIP application will require approval by the Planning Commission in this instance. .- . t . Most of the development standards in the P-M zone apply to the development of each individual lot. The proposed subdivision of the subject property is consistent with the P-M zone standards GPA 04-08/ZC 04-03/LCPA 04-07/CT 04-06/PUD 03-02/PIP 03-02/CDP 03-O6/HDP 03-02 - PALOMAR POINTE September 1,2004 Lot size minimum Front yard setback (local street) Interior side yard setback Rear yard setback Parlung requirement Office: 1 space/250 sf R&D: 1 space/250 sf Warehouse: 1 space/l,OOO sf for industrial subdivisions, and with the City’s Subdivision and Non-residential Planned Development Ordinances as discussed in the staff report. Additionally, all industrial projects are required to comply with the following development standards of the P-M zone: No standard, reasonable as to intended use (21.47.080) 35 feet average, with a minimum of 25 feet 10 feet - entirely landscaped 20 feet to building 10 feet entirely landscaped Bldg “A” office: 132 spaces Bldg “B” office/R&D: 68 spaces Bldg “C” office/R&D: 114 spaces Warehouse: 6 spaces TABLE B - DEVELOPMENT STANDARDS COMPLIANCE Site coverage Building height Employee eating area 300 sf per 5,000 sf of building area Research, Manufacturing, Service Industries, Warehousing, and Administrative and Professional Office 50% of gross lot area 35 feet/three levels Allowed protrusions up to 45’ Building “A”: 1,968 sf Building “B”: 1,020 sf Building “C”: 2,064 sf PROPOSED Office and Industrial Uses Each building is on a separate lot. Over 110’ feet from new street. 10 feet to parlung Over 100 feet to buildings 60 feet to building 15 feet landscaped 320 spaces provided 22% compact (71 spaces) 1 1.2% of gross lot area Building “A”: 32’; two-story (with parapet to 36’) Building “B”: 25.5’; two-story Building “C”: 25.5’; one-story Building “A”: 1,400 sf outside 568 sf inside Building “B”: 1,020 sf outside Building “C”: 2,064 sf outside The required open space preserve area is contained within the open space lots. This area will be rezoned as Open Space as discussed in Section B of the staff report. No development will occur in the open space lots. F. Non-Residential Planned Development The intent and purpose of the Non-Residential Planned Development regulations are to: 1. Ensure projects develop in accordance with the General Plan and applicable specific plans; GPA 04-08/ZC 04-03/LCPA 04-07/CT 04-06PUD 03-02PIP 03-02/CDP 03-06/HDP 03-02 - PALOMAR POINTE September 1,2004 Page 7 2. 3. Provide for non-residential projects which are compatible with surrounding development; and Provide a method to approve separate ownership of planned development lots. The proposal to create individual ownership lots which do not have direct access from a publicly dedicated street necessitates that a Non-Residential Planned Unit Development permit be processed to supplement the proposed Tentative Map (CT 04-06). The three building envelope lots (Lots 1, 2 and 3) would share common driveway access and parking areas which would be located on Lot 5. Lots 4 and 6 would contain the open space preserve areas and Lot 7 would contain a detention basin that will be commonly maintained by the owners association. The project complies with the General Plan and zoning development standards as addressed in the discussion above. The subdivision, by nature of the office/industrial and open space uses, will not be detrimental to the health, safety or welfare of the surrounding occupants of the area and the office/industrial use is similar to the adjacent uses. No modifications to the development standards are required to protect public health, safety, and general welfare. There are no size nor configuration standards for non-residential planned development lots beyond those imposed as a part of the permit, except that they shall be reasonable as to the intended use and relation to the project. Individual lots are being created to accommodate individual buildings and are related to the size of the buildings. The open space lots will encompass the required open space preserve area. G. Subdivision Ordinance The Engineering Department has reviewed the proposed tentative map and has concluded that the subdivision, as conditioned, complies with all the applicable requirements of the Subdivision Map Act and the City’s Subdivision Ordinance. The project will be required to construct a new off-site public road from College Boulevard in order to provide access to the site and to serve portions of the future Carlsbad Municipal Golf Course. Infrastructure improvements (sewer, water, drainage, etc.) will also need to be extended to the site. Public road rights-of-way are being offered for dedication for the proposed public street. General utility and access easements and waterheclaimed water easements will be dedicated with recordation of the final map. The project has been conditioned to pay park-in-lieu fees to satisfy the Recreation Element of the General Plan. H. McClellan-Palomar Airport Comprehensive Land Use Plan (CLUP) The project site is located between the 60 and 70 CNEL noise level contour and within the Flight Activity Zone and Airport Influence Area identified in the McClellan-Palomar Airport CLUP. The officehndustrial development is considered to be a low-intensity development which does not involve assemblages of large groups of people, and therefore the use is allowable in the Flight Activity Zone. The proposed buildings were evaluated with regard to the FAA building height limit. Building “C” is the only building affected by the height restriction and it has been designed to be consistent with the height limitations set forth by FAR Part 77. Additionally, the landscape plan indicates that low-growing trees will be located within the FAA building height GPA 04-08/ZC 04-03/LCPA 04-07/CT 04-06/PUD 03-02PIP 03-02/CDP 03-06MDP 03-02 - PALOMAR POINTE September 1,2004 limit area. The development proposal was submitted for review by the San Diego Regional Airport Authority, acting in its capacity as the Airport Land Use Commission (ALUC) for the County of San Diego. The ALUC determined that the proposal was conditionally consistent with the Airport CLUP. The ALUC conditions of approval require that any building containing office uses must be attenuated to have interior noise levels no greater than 50 dBA. This condition is consistent with the City’s recommended mitigation measures for noise impacts. The project has been conditioned to comply with the ALUC conditions of approval. I. Hillside Development Regulations The site has a grade elevation change greater than 15 feet and slopes greater than 15% and therefore requires a Hillside Development Permit. Hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. Undevelopable areas of the project, i.e., slopes over 40%, have been properly identified and are within proposed open space Lot 4. The site contains “dual criteria” slopes, scrub and chaparral plant communities within the coastal zone. None of the dual criteria slopes will be impacted by the development proposal. The portion of the site proposed for development contains slopes with a gradient of 15% or less. This slope area is considered developable per the Hillside Ordinance and Coastal Resource Protection Overlay Zone. which are defined as slopes greater than 25% possessing endangered species and/or coastal sage f The development complies with the hillside ordinance and guidelines by: grading within the acceptable quantity range with 2,206 cu. yddacre; no slopes over 40 feet are being created as a result of the grading scheme; the buildings observe the required slope edge building setback from top of slope, and all manufactured slopes will be landscaped in accordance with the City’s Landscape Guidelines Manual. J. Mello I1 Segment and the Coastal Resource Protection Overlay Zone The site is located within the Mello I1 Segment of the City’s adopted Local Coastal Program and is within the California Coastal Commission jurisdiction appeal area due to the location of wetlands (vernal pools) on the subject site. The development is also subject to the Coastal Resource Protection Overlay Zone. The policies of the Mello I1 segment emphasize preservation of agriculture and scenic resources, protection of environmentally sensitive resources, provision of shoreline access and prevention of geologic instability and erosion. The project is consistent with the LCP policies as follows: a) no agricultural lands exist on the project site, therefore no impacts to such will occur; b) the site is geologically stable and the proposed grading for the site has been limited to the area necessary to develop the site; c) the project has been designed to reduce the amount of runoff through the use of vegetated detention basins and surface drains and has been conditioned to implement the National Pollutant Discharge Elimination System (NPDES) standards to ensure the quality of the water leaving the site; d) the project does not preclude any recreational opportunities or shoreline access as the property is located over two miles from the coastline; e) the development does not obstruct views of the coastline as seen from public lands or public right-of-way. The site does contain -. GPA 04-08/ZC 04-03/LCPA 04-07/CT 04-06PUD 03-02il’IP 03-02/CDP 03-06/HDP 03-02 - PALOMAR POINTE September 1 , 2004 Page 9 environmentally sensitive habitats which include Diegan Coastal Sage Scrub, Southern Maritime Chaparral and San Diego Mesa Claypan Vernal Pools. The project would result in impacts to sensitive vegetation communities and sensitive wildlife species, as discussed in greater detail in the attached Mitigated Negative Declaration. Mitigation measures, as outlined in the attached Mitigation Monitoring and Reporting Program, are incorporated to reduce these impacts to a less than significant level through a combination of on- site preservation of habitat, off-site habitat creation or restoration, and purchase of off-site mitigation credits to ensure compliance with the “No Net Loss” policies in the Coastal Zone. No impacts to vernal pool areas will occur since these areas will be avoided and adequate buffers will be provided as agreed to by the applicant, City, Wildlife agencies, and California Coastal Commission. Impacts to coastal California gnatcatcher will be avoided by removing Diegan Coastal Sage Scrub during the non-breeding season. Discussion regarding the project’s compliance with the City’s General Plan and Zoning is found in a previous section of this staff report. Discussion of the project’s compliance with the applicable LCP overlay zone follows: * Coastal Resource Protection Overlay Zone The Coastal Resource Protection Overlay Zone identifies five areas of protection. They are 1) steep slopes and vegetation; 2) drainage, erosion, sedimentation, habitat; 3) landslides and slope instability; 4) seismic hazards; and, 5) floodplain development. The project’s compliance with these areas of concern are discussed below: 1. Slopes greater than 25% possessing endangered species andor coastal sage scrub and chaparral plant communities are protected in the coastal zone. If application of the policy precludes any reasonable use of the property, then up to a 10% encroachment may be permitted. The site contains “dual criteria” slopes which are classified as slopes with an inclination of 25% or greater and containing sensitive habitat (Southern Maritime Chaparral and Diegan Coastal Sage Scrub). However, the project proposes preservation of all of these “dual criteria” slopes within a deed restricted open space lot. Forty eight percent of the entire property, or 6.41 acres, will be preserved as dedicated open space and will be conveyed to an appropriate conservation entity together with an endowment to ensure long-term biological maintenance of these areas, consistent with the HMP. The Diegan Coastal Sage Scrub and Southern Maritime Chaparral that will be impacted will be mitigated by a combination of off-site creation or restoration and purchase of mitigation credits, consistent with the City of Carlsbad draft Habitat Management Plan. 2. Special erosion control measures must be included as conditions of approval. These “special” measures are standard measures required by the City’s Grading Ordinance and are included as conditions of approval. As designed and conditioned, the proposed project will adhere to the City’s Master Drainage and Storm Water Quality Management Plan and Grading Ordinance to avoid increased run off and soil erosion. A restriction has I. GPA 04-08/ZC 04-03/LCPA 04-07/CT 04-06h'UD 03-02/PIP 03-02/CDP 03-06/HDP 03-02 - PALOMAR POINTE September 1,2004 Library N/A Yes ' Waste Water Treatment 39 EDU Yes Page 10 STANDARDS Citv Administration been adopted in the Mello I1 Segment restricting grading between October 1 and April 1 of each year. All graded areas must also be landscaped for erosion control prior to October 1 of each year. The exception is if nesting gnatcatchers are present onsite, then grading may typically not occur from February 15 through September 1. Since gnatcatchers have been identified on site, it is recommended that grading should be permitted to extend into the winter months if proper erosion control has been provided and if the areas proposed for grading are determined by the City Engineer to be of low risk of erosion. IMPACTS COMPLIANCE N/A Yes 3. The geotechnical investigation prepared by NorCal Engineering indicated that the site is located on competent bedrock and stated that the sandstone is massive and major slope failures are unlikely. Parks Drainage Circulation Fire Open Space Schools Sewer Collection System Water 4. The Geotechinical Report prepared by NorCal Engineering dated November 5, 2001, states that the potential for liquefaction is considered to be very low due to the near surface bedrock conditions at the subject site. N/A (Impact fee of $.40/sf paid Yes concurrently with building permit) Basin B Yes 1,700 ADT Yes Station No.5 Yes 6.41 acres preserved Yes Payment of non-residential school Yes fee at building permit issuance 39 EDU Yes 8,580 GPD Yes 5. No part of the site is within the 100 year floodplain. K. Growth Management (LFMP Zone 5) The proposed project is located within Local Facilities Management Zone 5 in the northwest quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table C below. TABLE C - GROWTH MANAGEMENT COMPLIANCE The project is 97,405 square feet under the Growth Management projection of 181,645 square feet anticipated for this site in the Zone 5 LFMP. GPA 04-08/ZC 04-03LCPA 04-07/CT 04-06/PUD 03-02/PIP 03-02/CDP 03-06/HDP 03-02 - PALOMAR POINTE September 1, 2004 V. ENVIRONMENTAL REVIEW Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code, staff has conducted an environmental impact assessment to determine if the project could have any potentially significant impact on the environment. The initial study for the project concluded that potentially significant impacts could result in the areas of noise, cultural and paleontological resources, and biological resources. The project will result in the disturbance of 6.41 acres of Diegan Coastal Sage Scrub and 0.82 acres of Southern Maritime Chaparral. Mitigation for these impacts is required and consists of on-site preservation of habitat, off-site habitat creation or restoration, and purchase of off-site mitigation credits to ensure compliance with the “No Net Loss” policy. No impacts to vernal pool areas will occur since these areas will be avoided and adequate buffers will be provided as agreed to by the applicant, City, Wildlife agencies, and California Coastal Commission. Impacts the non-breeding season. to coastal California gnatcatcher will be avoided by removing Diegan Coastal Sage Scrub during f The developer has agreed to the mitigation measures outlined in the attached Mitigation Monitoring and Reporting Program to reduce the identified impacts to below a level of significance in accordance with CEQA. Consequently, a Notice of Intent to adopt a Mitigated Negative Declaration was published in the newspaper and sent to the State Clearinghouse for public agency review. Comments were received from CalTrans during the 30-day public review and comment period from July 12, 2004 to August 12, 2004. The letter and staff‘s response is included as a part of Attachment 1. ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Planning Commission Resolution No. 5709 (Mit.Neg.Dec.) Planning Commission Resolution No. 5710 (GPA) Planning Commission Resolution No. 571 1 (ZC) Planning Commission Resolution No. 57 12 (LCPA) Planning Commission Resolution No. 5713 (CT) Planning Commission Resolution No. 57 14(PUD) Planning Commission Resolution No. 5715 (PIP) Planning Commission Resolution No. 5716 (CDP) Planning Commission Resolution No. 5717 (HDP) Location Map Background Data Sheet Local Facilities Impact Assessment Form Disclosure Statement Reduced Exhibits Exhibits “A” - “N7 dated September 1, 2004 n - ' STATE OF CALIFORNIA-BUSINESS. TRANSPOI 'ON AND HOUSING AGENCY ARNOLD SCHWARZENEGGER, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 11 P. 0. BOX 85406, MS 50 SAN DIEGO, CA 92186-5406 PHONE (619) 688-6954 FAX (619) 688-4299 'ITY (619) 688-6670 Flex your power! Be energy efficient! August 5,2004 1 1 -SD-005 PM 47.03 (KP 75.7) SCH 2004071 057 Ms. Barbara Kennedy City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Dear Ms. Kennedy: The California Department of Transportation (Department) appreciates the opportunity to review the Draft Mitiqated Neqative Declaration for the proposed Palomar Pointe, located east of Interstate 5 (1-5) and north of Palomar Airport Road. The project is estimated to generate 1,700 ADT. We have the following comments related to the Traffic Impact Analysis prepared by Linscott Law & Greenspan Engineers dated March 18, 2003: i Paqe 12, section 4.1.1 Study Area Intersections, states that an intersection is to be analyzed if the project adds 50 or more project trips through the intersection in the AM or PM peak hour. Page 19, Fiqure 6 - Regional Trip Distribution shows assumed regional traffic distribution of 30% on Palomar Airport Road (west of College Blvd). Paae 20, Fiaure 7 - Project Traffic Volumes AM/PM Peak Hours & ADT shows 64 trips and 53 trips for the AM and PM peak hour, respectively, distributed to Palomar Airport Road (west of College Blvd). However, on Paqe 1 1, in section 4.1 Studv Area, Palomar Airport Road at Interstate 5 (1-5) is not identified as included in the study. Please submit a focused traffic analysis for the I-5/Palomar Airport Road intersection in accordance with the Caitrans Guide for the Preparation of Traffic Impact Studies (TIS), dated January 2001 and include cumulative impacts from proposed projects such as Pacifica Carlsbad and Carlsbad Ranch Resort as well as intersection analysis for Year 2020 (Buildout). Analysis of all State-owned facilities/intersections shall be done using Intersecting Lane Vehicle (ILV) procedure as per the 2001 Highway Design Manual (HDM), Section 406, page 400-21. "Caltrans improves mobility across California" h Ms. Barbara Kennedy August 5,2004 Page 2 Cumulative impacts of a project, together with other related projects, must be considered when determining the project’s impacts. A cumulative impact is the sum of the impacts of existing, other projects, and the project itself, no matter how small the contribution is from the project itself. There is no minimum size limitation on projects that may be required to mitigate for cumulative impacts if the project contributes to the problem in any amount. 7 Caltrans supports the concept of “fair share” contributions on the part of the developer towards potential improvements to Interstate 5 that could include: Widening the southbound ramps (off ramp and on ramp) at Palomar Airport Road; 0 Constructing an auxiliary lane northbound between Palomar Airport Road and Cannon Road; Traffic channelization over the existing bridge structure at Palomar Airport Road; Widening of the 1-5 Corridor with High Occupancy Vehicles (H0V)’lanes. If you should have any questions related to the TIS please contact Julie Carlin at 858-467- 2374. f Close coordination with the Department is encouraged. If you have any other project-related questions, please contact Vann Hurst, Development Review Branch, at 61 9-688-6976. Since re1 2 MARIO H. mS0, Chief Development Review Branch C: JCarlin (MS 55) BFigge (MS 50) EGojuangco (MS 55) VHurst (MS 50) Palomar Pointe “Caltrans improves mobility across California” - City of Carlsbad August 24,2004 Mario H. Orso, Chief Development Review Branch Department of Transportation District 11 P.O. Box 85406, MS 50 San Diego, CA 92186-5406 RE: PALOMAR POINTE - GPA 04-OWZC 04-03LCPA 04-07/CT 04-06/PUD 03-02/PIP 03-02/CDP 03-06/HDP 03-02 t Dear Mr. Orso: Thank you for your comments dated August 5, 2004 on the Palomar Pointe Mitigated Negative Declaration. The project is located southeast of College Boulevard, southwest of Aston Avenue, and north of the Mc Clellan-Palomar Airport in the City of Carlsbad. Following are City’s responses to your comments: Responses ## 1-4: Comments 1-4 all deal with the fact that the I-5Palomar Airport Road interchange was not analyzed. While it is true that the project adds 53 westbound trips and 64 eastbound trips on Palomar Airport Road just west of College Boulevard, some of these trips would utilize Hidden Valley Road, Armada Road, and Paseo Del Norte before reaching 1-5, thereby adding less than 50 peak hour trips to 1-5. Therefore, an analysis of the interchange was not warranted. Responses ## 5-6: Based on the discussion in the above response, an analysis of the I-Spalomar Airport Road interchange was not warranted. Response # 7: The City of Carlsbad has cooperatively worked as a partner with Caltrans to designhuild and hnd the following 1-5 freeway interchange projects within the past 10 years. I-Xa Costa Avenue Interchange; I-5Poinsettia Lane Interchange; 69 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 6024600 FAX (760) 602-8559 www.ci.carlsbad.ca.us I-SPalomar Airport Road Interchange, a full interchange project which included widening the southbound off and on-ramps, and constructing auxiliary lanes between Palomar Airport Road and Cannon Road; 0 I-S/Cannon Road Interchange, a project that was completed in March 1999, and was designed to accommodate all cumulative traffic from the future build out of Carlsbad. With those projects, the City of Carlsbad has provided freeway improvements designed to accommodate the build out of the City. These projects were partially funded by traffic fees paid by developers as well as other city generated funds. The City of Carlsbad has paid its fair share towards freeway improvements in the past. The City currently has no other freeway related projects in its Capital Improvement Program, and therefore would not have the ability to collect additional “fair share’’ contributions from developers beyond our currently established Traffic Impact Fee Program. Please note that while the City may agree with your suggestion that new projects should pay their fair share contribution towards freeway improvements, at this time neither the City nor Caltrans has an adopted fee program or studies to quantify the amount each developer would need to pay as their fair share. If in the future, Caltrans conducts such studies to establish a fee program to pay towards freeway improvements, the City might be supportive of such a program. Exactions imposed on developments need to be reasonably related to the project and the extent and the degree of the exaction should be in rough proportionality to the impact caused by the project. At this time, since there is no adopted fee program, the City cannot establish a nexus between the proposed development and contribution towards freeway improvements and cannot reasonable exact such a “fair share” contribution. i If you have any additional comments or questions, please contact me at (760) 602-4626. Sincerely, Barbara Kennedy, AICP Associate Planner Attachment SlTE PALOMAR POINTE G PA 04-08/ZC 04-03lLCPA 04-07/CT 04-061 PUD 03-02/PIP O3-O2/CDP 03-06/HDP 03-02 BACKGROUND DATA SHEET CASE NO: GPA 04-08/ZC 04-03/LCPA 04-07/CT 04-06PUD 03-02/PIP 03-02/CDP 03-06/HDP CASE NAME: PALOMAR POINTE APPLICANT: T. Lawrence Jett REQUEST AND LOCATION: Request for approval of a Mitigated Negative Declaration, Mitigation Monitoring and Reportinp Program, General Plan Amendment, Zone Change, Local Coastal Program Amendment, Tentative Tract Map, Non-residential Planned Unit Development Permit, Planned Industrial Permit, Hillside Development Permit and Coastal Development Permit for lot, one commonly maintained detention basin lot, and two open space lots, and including the construction of three officehndustrial buildings on property generally located southeast of College Boulevard, southwest of Aston Avenue, and north of McClellan-Palomar Airport on proDertv located in the P-M zone in Local Facilities Management Zone 5. LEGAL DESCRIPTION: That portion of Lot F of the Rancho Ama Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 823, filed in the Office of the County Recorder of San Diego, November 16, 1896. APN: 212-120-33 Acres: 13.47 acres Proposed No. of Lotdunits: 7 lots, 3 buildings GENERAL PLAN AND ZONING Land Use Designation: PI Density Allowed: N/A Existing Zone: P-M Surrounding Zoning, General Plan and Land Use: Proposed Land Use Designation: PI & OS Density Proposed: N/A Proposed Zone: P-M & OS Zoning Site P-M North P-M South M General Plan PI PI ~ G East P-M PI West P-M PI Current Land Use Vacant Office/Industrial McClellan-Palomar Airport Office/Industrial Future Municipal Golf Course (vacant) PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 39 ENVIRONMENTAL IMPACT ASSESSMENT Mitigated Negative Declaration, issued September 1.2004 Certified Environmental Impact Report, dated [7 0 Other, CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: PALOMAR POINTE - GPA 04-08/ZC 04-03LCPA 04-07/CT 04- 06/PUD 03-02/PIP 03-02/CDP 03-06/HDP 03-02 LOCAL FACILITY MANAGEMENT ZONE: 5 GENERAL PLAN: PI (proposed: PI & OS) ZONING: P-M (proposed: P-M and OS) DEVELOPER’S NAME: T. Lawrence Jett ADDRESS: 18 15 Aston Avenue Carlsbad, CA 92008 QUANTITY OF LAND USEDEVELOPMENT (AC., SQ. FT., DU): 13.47 acres 7 lots, 3 PHONE NO.: (760) 476-1808 ASSESSOR’S PARCEL NO.: 212-120-33 buildings I ESTIMATED COMPLETION DATE: The project is 97,405 square feet under the Growth management projection of 181,645 square feet anticipated for this site in the Zone 5 LFMP. A. City Administrative Facilities: Demand in Square Footage = N/A B. Library: Demand in Square Footage = N/A C. Wastewater Treatment Capacity (Calculate with J. Sewer) 39 EDU D. Park: Demand in Acreage = ImDact fee of $.40/sf E. Drainage: Demand in CFS = Identify Drainage Basin = B (Identify master plan facilities on site plan) Demand in ADT = 1,700 ADT F. Circulation: (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = No. 5 H. Open Space: Acreage Provided = 6.5 acres preserved I. Schools: N/A - Payment of Non-residential school fee at building permit issuance (Demands to be determined by staff) J. Sewer: Demands in EDU 39 EDU Identify Sub Basin = (Identify trunk line(s) impacted on site plan) Demand in GPD = 8,580 GPD K. Water: discretionary action on the part of the City Council or any appointed Board. Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as “Any individual, firm, co-partnership, joint venture, association. social club. fraternal organization, corporation. estate, trust, receiver, syndicate. in this and any other county. city and county. city municipality, dismct or other political subdivision or any other group or combination acting as a unit.” Agents may sign hs document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant’s agent) Provide the COMPLETE. LEGAL names and addresses of persons having a financial interest in the application. If the applicant includes a cornoration or DaRnerShiD, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO APPLICABLE (N/A) IN THE SPACE BELOW If a publiclv-owned cornoration, include the INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- names, titles, and addresses of the corporate necessary.) Person +- M Title Address officers. (A separate page may be attached if CorpPan Title Address 2. OWNER (Not the owner’s agent) Provide the COMPLETE. LEGAL names and addresses of persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a cornoration or DarmershiD, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned cornoration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) . Person T~MQSM~ ~%TT corpPanf;/ /be/v77- * 1635 Faraday Avenue - Carlsbad. CA 92008-7314 - (760) 602-4600 - FAX (760) 602-8559 @ A OR TRrST ’ , -c 3. YOK-PROFIT G. t +* If any person identified pursuant to (1 1 or (2) above is 2 nonurofit oreanlzatlon or 3 msi. llsr rht. names and addresses of ANI‘ person serving as an officer or director of the non-profir organization or as trustee or beneficiary of the. Non Profinrust Non ProficTmst Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of Cic staff. c] Yes No If yes, please indicate person(s): Committees and/or Council within the past twelve c12) months? NOTE: Attach additional sheets if necessary. I 3 that all the above information is true and correct to the best of my knowledge. n Signature of applicanddate Print or type name of owner Signature of ownedapplicaht ‘s agent if applicable/date Rnt or type name of applicant Print or type name of ownedapplicant’s agent H:AOMIN\COUNTER\DISCLOSURE STATEMENT 5198 Page 2 of 2 Palornar Pointe Lanikai Management Corporation ABBREVIATIONS PWJ FILE NUMBER 1 PERMIT NUMBER GPAOW CTO4-06 PIP 03-02 PUD 03-02 CDPW HDP03-02 LCPA 04-07 ZC 04-03 WATERGPM: WGRI SEWER: 29~~~'s PROJECT SUMMARY SHEET INDEX APN /LEGAL DESCRIPTION . _... A .%*.I 1..1,.< .... 1.1.. *..I,. I TS-1 VICINITY M&f w --;;- ai n sou TENTATIVE SUBDIVISION MAP PALOMAR POINTE FOR CT 04-06, PIP 03-02, PUD 03-02, CDP 03-06, IIDP 03-02 POR. LOT F, MAP NO. 823 A.P.N. 212-120-33 LEGEND: mw - .-_- ---- €m71cmL--_II -____. mLuEn Lor u*L .... __ .. .....-. -_-- SUBDIVIDER; OWNER: ~ ___ TENTATIVE 'SrJ@DIVISION MAP PALOMAR POINTE FOR CT 04-06, PIP 03-02. PUU 03-02, CDP 03-06. HDP 03-02 ..__ ~ - .- . - - .. --- - TENTATIVE SUBDIVISION MAP FOR CT 04-06, PIP 03-02, PUD 03-02, CDP 03-06, HDP 03-02 PALOMAR POINTE POR. LOT F, MAP MI IMP NO. ttn WATER CONSERVATION PLAN /' .... Landscape Concept Plan ............ .--__ I ....... .... . - ......... i ......... i _. ...... .L.- .. - w L-1 _.-__. --I--- y-l- --/.-=- .............................. ............ Y - I I I -rL I I ____ ....... ...... I 1 .I I> \+ ''El North Elevation - Bldg. "A" ..__ North East Elevation - Bldg. "A" .......... . ... .- ....... ... ......... sry: me - i8.u sca. me - Y-u ....... .. .. East Elevation - Bldg. "A" ... . So*'ms-1I'.r South West Elevation - Bldg. "A" South - - Elevation - Bldg. 'A' - - - - - I-- -- e ine-i~.u se) 1flP-l' u L 0 52 k .- m E 1 ..... h,. .................... A-5 South West Elevation - Bldg. "B" ~- - .%& ms 3.1'-0. \ >NW., LS ' 0,u m.L ip see* North Elevation - Bldg. "B" ..... ............ scl.l/lc- 1'-0. East Elevation - Bldg. "6" w 1m-v o. .. ._ ~ __ -. ............................. c .~ A-6 I 9 I, ',=, '8 $" i(%h1 \+$ South East Elevation - Bldg. "C' ~ East Elevation ..... - Bldg. .. "C' . 51:11IS.-1'.W .. see 111s- I.. w // :, IllY- I'-O'@l) hk 01m WJ- .................. heiw A-7