HomeMy WebLinkAboutGPA 07-01; Carlsbad Encina Auto Plaza; General Plan Amendment (GPA)The City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
Item No.
P.C. AGENDA OF: October 15, 2008
Application complete date: N/A
Project Planner: Van Lynch
Project Engineer: Tecla Levy
SUBJECT: GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/ PDF PUD/SOP 07-017 CDP 07-
03 - CARLSBAD ENCINA AUTO PLAZA - A recommendation of denial to
the City Council of a Mitigated Negative Declaration, Mitigation Monitoring and
Reporting Program and Addendum; a recommendation of denial for a General
Plan Amendment to change the General Plan Land Use designation from Planned
Industrial/Office to Regional Commercial and Public Utilities, a Zone Change
from Planned Industrial/Office to General Commercial and Public Utility, a Local
Coastal Program Amendment, a Specific Plan, a Precise Development Plan
Amendment, and a Coastal Development Permit and denial of a Site
Development Plan 07-01 to develop a 28.3-acre parcel into four separate parcels
for the development of an automotive and other motor vehicles sales facility and a
public utility use located on the east side of Avenida Encinas between Palomar
Airport Road and Poinsettia Lane in Local Facilities Management Zone 22.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6496
RECOMMENDING DENIAL of a Mitigated Negative Declaration, Mitigation Monitoring and
Reporting Program, and Addendum, General Plan Amendment GPA 07-01, Zone Change ZC
07-01, Local Coastal Program Amendment LCPA 07-01, Specific Plan SP 07-01, Precise
Development Plan Amendment PDP 01(1), and Coastal Development Permit CDP 07-03 and
ADOPT Planning Commission Resolution No. 6497 DENYING Site Development Plan SDP
07-01 based on the findings contained therein.
II.BACKGROUND
The Planning Commission held a public hearing on this item on September 3, 2008. After
receiving the Staff Report and listening to the applicant's presentation, and public testimony, the
Planning Commission continued the item to September 17, 2008 to allow time for staff to
respond to questions from the Planning Commission. On September 17, 2008, the Planning
Commission received additional information from the staff and applicant and additional public
testimony. The Planning Commission voted 4-3 (Boddy, Douglas, Dominguez & Montgomery)
to oppose the recommendation of approval of the Carlsbad Encina Auto Plaza Specific Plan SP
07-01 and associated legislative and adjudicatory permit applications. The Planning
Commission directed staff to return with resolutions recommending denial of the Carlsbad
Encina Auto Plaza Specific Plan project and denying Site Development Plan SDP 07-01. The
attached resolutions were prepared to implement the Planning Commission's action.
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ATTACHMENTS
1. Planning Commission Resolution No. 6496
2. Planning Commission Resolution No. 6497
3. September 17, 2008, Staff Report
The City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
Item No. ( 2
P.C. AGENDA OF: September 17, 2008
Application complete date: N/A
Project Planner: Van Lynch
Project Engineer: Tecla Levy
SUBJECT: GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/ PDF OlffVSDP 07-01/ CDP 07-
03 - CARLSBAD ENCINA AUTO PLAZA - Request for a recommendation of
adoption of a Mitigated Negative Declaration, Mitigation Monitoring and
Reporting Program and Addendum; a recommendation of approval for a General
Plan Amendment to change the General Plan Land Use designation from Planned
Industrial/Office to Regional Commercial and Public Utilities, a Zone Change
from Planned Industrial/Office to General Commercial and Public Utility, a Local
Coastal Program Amendment, a Specific Plan, a Precise Development Plan
Amendment, and a Coastal Development Permit and approval of a Site
Development Plan to develop a 28.3-acre parcel into four separate parcels for the
development of an automotive and other motor vehicles sales facility and a public
utility use located on the east side of Avenida Encinas between Palomar Airport
Road and Poinsettia Lane in Local Facilities Management Zone 22.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6445
RECOMMENDING ADOPTION of a Mitigated Negative Declaration, Mitigation Monitoring
and Reporting Program, and Addendum and ADOPT Planning Commission Resolutions No.
6444, 6446, 6447, 6448, 6449, 6450 and 6451 RECOMMENDING APPROVAL of General
Plan Amendment 07-01, Zone Change 07-01, Local Coastal Program Amendment 07-01,
Specific Plan 07-01, Precise Development Plan Amendment 01(1), and Coastal Development
Permit 07-03 and ADOPT Planning Commission Resolution No. 6450 APPROVING Site
Development Plan 07-01, based on the findings and subject to the conditions contained therein.
II. INTRODUCTION
The Carlsbad Encina Auto Plaza project was presented to the Planning Commission with a
recommendation of approval on September 3, 2008. At the hearing, Planning Commission and
surrounding neighbors had concerns about the project's potential impacts with the surrounding
residential neighborhood and the hearing item was continued to September 17, 2008 to allow
time for the applicant to work with staff to address issues raised at the public hearing. Staff
continues to recommend approval of the project.
III. PROJECT DESCRIPTION AND BACKGROUND
The applicant proposed development of an automobile sales facility on property located on
Avenida Encinas and owned by the Encina Wastewater Authority. At the public hearing, the
Planning Commission and the surrounding neighbors expressed concerns regarding the project's
potential impacts of light and noise generated by the project. Other items of concern were
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landscaping, hours of operation, traffic comparison between existing Planned Industrial/Office
land use and proposed Regional Commercial Land Use, applicability of conditions on the
remainder parcel, the street improvements for the westerly side of Avenida Encinas, and traffic
incident reports. The Planning Commission directed the applicant to work with Planning Staff to
address the issues presented.
The Planning Commission specifically identified the following items that were to be addressed:
• Lighting and lighting analysis.
The project applicant is proposing to limit the use of primary outdoor site lighting to 9:OOPM.
After 9:00 PM, only 50 % and only low pressure sodium lights will be used to illuminate the site
to meet safety requirements. An Outdoor Lighting Compliance survey was completed for the
project and has been updated to include the Audi dealership as it was previously shown as an
expansion area. The lighting study shows that site lighting will be contained onsite and will not
exceed 2.5 foot-candles on neighboring properties across Avenida Encinas.
The project proposes light stanchions with a height of 20 feet. The lighting fixtures have an
internal reflector and shielding devise which directs the light as it leaves the fixture. The lighting
pattern can be designed to fill a particular area and not have light spill off-site. A detail of a
similar type of fixture is attached to this report. The final light fixture will be selected at the
construction phase and designed to meet the performance criteria of the Specific Plan and as
identified in the Outdoor Lighting Compliance Survey.
• Noise.
The Planning Commission recommended that the project be reviewed for potential noise sources.
The project has the potential to generate noise in many ways. Onsite repair and maintenance of
autos within buildings, carwash facilities, deliveries of vehicles, refuse pick-up, and vehicle trips
generated by the project are potential noise sources. The applicant states that an exterior
intercom system will not be utilized for the project and has been precluded in the Specific Plan.
The noise analysis shows that the noise generated by the site does not exceed 54.2 dBa Ldn at
the property line, which is below the standard of 65 dBa Ldn.
• Landscaping.
The project has been reviewed by the City of Carlsbad's landscape consultant for compliance
with the Landscape Manual. The requisite number of 1 tree per 4 parking stalls has been
provided. The new car inventory locations and in-service parking site have not been required to
provide trees within the parking lots, but have trees within landscape strips surrounding the
parking areas. This and the thin nature of palms may give the appearance of the landscaping
looking sparse on the plans.
The Specific Plan provides a broad plant palette for future use and the landscape plans proposed
were developed within the standards of the Specific Plan. For example, if another manufacturer
prefers not to have queen palms or a certain plant species they have the ability to pick and choose
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a different species from the approved plant palette. This allows future flexibility while ensuring
that the integrity of the overall concepts is properly implemented throughout all stages of the
project's life.
• Hours of Operation.
The applicant plans to operate regular business to 9:00PM. After 9:OOPM, there may only be
interior office related work being performed. A specific start time has not been provided. The
project may also need to be serviced by custodial services during the non-business hours. The
applicant states that vehicle delivery will only occur during business hours as employees must be
present to inspect and accept delivery of vehicles. There is a possibility, because of traffic delays
or other factors beyond the control of the operator, that vehicle delivery may arrive late.
• Traffic comparison between existing PI/O Land Use and proposed project.
The Zone 22 Local Facilities Management Plan (LFMP) anticipated 346,302 square feet of
Office development. The ADT generation rate for Office is 20 trips per 1000 square feet of
development which results in 6,926 ADT. The proposed auto dealership project will generate
10,876 ADT (50 trips per 1,000 square feet) which results in a net increase of 3,950 ADT. The
trip distribution is similar to the distribution anticipated in the LFMP. The peak hour traffic for
the project (544 AM and 870 PM) is not similar to an Office project. Office project traffic has
greater peak traffic in the AM and PM (1,293 and 1,200 respectively), traditional work traffic
patterns, whereas auto dealership traffic is distributed more throughout the day.
• Remainder Parcel.
Per the State Subdivision Map Act and Carlsbad Municipal Code Section 20.04.120:
Designated remainder parcel:
(a) When a subdivision, as defined in Section 20.04.020, is of a portion of any unit or units of
improved or unimproved land, the subdivider may designate as a remainder that portion which is
not divided for the purpose of sale, lease, or financing. Alternatively, the subdivider may omit
entirely that portion of any unit of improved or unimproved land which is not divided for the
purpose of sale, lease, or financing. If the subdivider elects to designate a remainder or omit
entirely that portion, the following requirements shall apply:
(1) The designated remainder or omitted portion shall not be counted as a parcel for the purpose
of determining whether a parcel or final map is required.
(2) The fulfillment of construction requirements for improvements, including the payment of
fees associated with any deferred improvements, shall not be required until a permit or other
grant of approval for development of the remainder or omitted parcel is issued. Fulfillment of the
construction requirements, including the payment of fees associated with any deferred
improvements, within a reasonable time following approval of the final map and prior to the
issuance of a permit or other grant of approval for the development of a remainder parcel may be
required upon a finding by the city council that fulfillment of the construction requirements is
necessary for reasons of:
(A) The public health and safety; or
(B) The required construction is a necessary prerequisite to the orderly development of the
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surrounding area.
(b) A designated remainder or any omitted parcel is required to obtain a certificate of compliance
or conditional certificate of compliance pursuant to the provisions of Chapter 20.48 of this code
prior to any further development of the parcel. Prior to the issuance of a certificate of compliance
or conditional certificate of compliance, the city engineer shall make a determination under
Section 20.16.040(h) of this code whether improvements should be required for the designated
remainder or omitted parcel. The improvement requirements may be imposed as a condition of
the certificate of compliance. For the purposes of this title, a parcel designated as "not a part"
shall be deemed to be a designated remainder parcel. (Ord. NS-813 § 5, 2006: Ord. 9806 § 2,
1986; Ord. 9549 § 1 (part), 1980).
The remainder parcel is owned by EWA and is not included within the lease area of the proposed
auto dealerships. Kevin Hardy at EWA states there is not enough time for EWA, which has
member agencies that would have to vote on the proposal, to make a decision to volunteer to do
the curb, gutter, and sidewalk improvements. The applicant has stated that the developer
(Hoehn) will build full width asphaltic concrete pavement and the project Minor Subdivision will
be conditioned to provide the improvement.
• Street improvement on westerly side of Avenida Encinas.
The City's Capital Improvement Program includes a project to improve with curb, gutter, and
sidewalk the westerly side of Avenida Encinas from the Poinsettia Coaster Station north to the
existing fully improved street section. The estimated completion date is in 2013.
• Traffic accident reports for Avenida Encinas.
Reported Midblock Traffic Collisions on Avenida Encinas
(1,000 feet n/o Transit Center Driveway to 1,000 feet e/o Transit Center Driveway)
(January 1,2003 through July 31, 2008)
1. 10/2/04 @ 3:59 pm; Exceeding Safe Speed; 23 year old car salesman driving on test drive
traveling northbound lost control; ran off road; car rolled over; two injured; (227 feet n/o
Transit Center driveway).
2. 5/15/05 @ 7:25 pm; Exceeding Safe Speed; 25 year old male traveling southbound
(eastbound) lost control; ran off road; car rolled over; one injured; (between Embarcadero
Lane (West) & Transit Center driveway).
3. 8/11/05 @ 8:30 pm; Driving While Intoxicated/Improper Turning/Inattention; 56 year old
male traveling southbound (eastbound); hit a parked car on west side of Avenida Encinas;
one injured; (468 feet n/o Embarcadero Lane (South)).
4. 4/15/08 @ 6:44 pm; Driving While Intoxicated/Exceeding Safe Speed; 28 year old male
traveling southbound lost control; collided with a telephone pole; two injured & one
killed; (162.63 feet n/o Transit Center driveway).
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In summary, the project compiles with the development and performance standards of the city
and staff continues to recommend approval of the project. An errata sheet and EIA addendum
have been prepared and are attached to this report.
ATTACHMENTS:
1. Errata sheet dated September 17, 2008
2. Addendum to EIA Part II - GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-017 POP 01(I)/SDP
07-017 CDP 07-03 - CARLSBAD ENCINA AUTO PLAZA
3. Staff Report to the Planning Commission dated September 3, 2008, with attachments
4. Outdoor Lighting Compliance Survey, Hoehn Carlsbad-Encina Auto Plaza, Investigative
Science and Engineering, September 10, 2008 (Revised).
5. Acoustical Site Assessment, Hoehn Carlsbad-Encina Auto Plaza, Investigative Science
and Engineering, September 10, 2008 (Revised).
ITEM #2
September 17, 2008
TO: PLANNING COMMISSION
FROM: SENIOR PLANNER
RE: ERRATA SHEET FOR GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/ POP
01(I)/SDP 07-017 CDP 07-03 - CARLSBAD ENCINA AUTO PLAZA
The recommendation of the staff report is revised as follows:
That the Planning Commission ADOPT Planning Commission Resolution No. 6445
RECOMMENDING ADOPTION of a Mitigated Negative Declaration, Mitigation Monitoring and
Reporting Program and addendum and ADOPT Planning Commission Resolutions No. 6444,
6446, 6447, 6448, 6449, 6450 and 6451 RECOMMENDING APPROVAL of General Plan
Amendment 07-01, Zone Change 07-01, Local Coastal Program Amendment 07-01, Specific
Plan 07-01, Precise Development Plan Amendment 01(1), and Coastal Development Permit 07-
03 and ADOPT Planning Commission Resolution No. 6450 APPROVING Site Development
Plan 07-01, based on the findings and subject to the conditions contained therein.
Revise Planning Commission Resolution Number 6445 to revise the title as follows:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION
AND MITIGATION MONITORING AND REPORTING PROGRAM. AND ADDENDUM FOR A
GENERAL PLAN AMENDMENT TO CHANGE THE GENERAL PLAN LAND USE FROM
PLANNED INDUSTRIAL/OFFICE TO REGIONAL COMMERCIAL AND PUBLIC UTILITIES, A
ZONE CHANGE FROM PLANNED INDUSTRIAL/OFFICE TO GENERAL COMMERCIAL AND
PUBLIC UTILITY AND RECOMMENDING APPROVAL OF A LOCAL COASTAL PROGRAM
AMENDMENT, A SPECIFIC PLAN, A PRECISE DEVELOPMENT PLAN AMENDMENT, A SITE
DEVELOPMENT PLAN, AND A COASTAL DEVELOPMENT PERMIT TO DEVELOP A 28.3-
ACRE PARCEL INTO FOUR SEPARATE PARCELS FOR AN AUTOMOTIVE AND OTHER
MOTOR VEHICLE SALES FACILITY LOCATED ON THE EAST SIDE OF AVENIDA ENCINAS
BETWEEN PALOMAR AIRPORT ROAD AND POINSETTIA LANE IN LOCAL FACILITIES
MANAGEMENT ZONE 22.
Revise the Specific Plan, Exhibit SP 07-01, as follows:
Page 4-7, Section 4.11, Outdoor lighting: To reduce the projects off-site impacts, fifty (50)
percent of all outdoor lights shall be turned off after 9:00 10:00 p.m. Any revisions to an
approved exterior lighting plan shall require review and approval by the Planning Director.
Page 4-6, Section 4.9, Paging system, Outdoor sound systems for music and/or for paging
shall be designed to minimize noise nuisance to adjoining properties and shall not impact
ERRATA SHEET FOR GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-017 POP 01(I)/SDP 07-017
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adjacent neighbors. Speakers shall be spaced to minimize sound levels and orientated away
from adjoining properties and shall not exceed a decibel level of 3 DB's over ambient noise
level. Upon completion of construction/the outdoor sound system shall be tested for noise and
where necessary it shall be adjusted to the satisfaction of the Planning Director.
Revise condition number 20 of Planning Commission Resolution No. 6450 (SDP 07-01) as
follows:
Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property. Prior to Certificate of Occupancy, an outdoor lighting
compliance report identifying that the exterior lighting meets the design criteria of the Carlsbad
Encina Auto Plaza Specific Plan (SP 07-01) and complies with the findings/recommendations of
the Outdoor Lighting Compliance Survey. Hoehn Carlsbad-Encina Auto Plaza, Carlsbad CA,
Investigative Science and Engineering, Inc., dated September 10. 2008 (Revised) shall be
submitted to the Planning Director. Any revisions proposed to an approved exterior lighting
plan shall reguire review and approval by the Planning Director.
VAN LYNCH
VL
Addendum to EIA part II - GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-017 PDF 01(I)/SDP
07-017 CDP 07-03 - CARLSBAD ENCINA AUTO PLAZA
This project discussion regarding new sources of light and glare is being added as
additional information to further define the project and related potential impacts.
The project is proposing the use of 20- foot tall pole type light standards having a
maximum output of 68,000 lumens per source for the illumination of the auto dealership
parking lot. Lighting for the roof level of parking structures will use bollards or lighting
attached to the parapet walls. The lights proposed are metallic vapor and quartz variety
(no fluorescent arm type fixtures). The maximum illumination is limited to 50 foot-
candles recorded at a level of 36 inches above ground level. No pole lights are above a
ninety (90) degree angle to prevent light spillage off-site. Flood lamps or uplight
illumination mounted at ground level for lighting cars, architectural features of the
building or landscaping is also proposed. The Carlsbad Encina Auto Plaza Specific Plan
allows uplighting if it is concealed and if lighting is not glaring or objectionable when
viewed from adjacent streets or property. The Specific plan also requires that 50% of all
outdoor lights be turned off after 9:00 PM. The lighting study shows that light levels will
not exceed 3 foot-candles on adjacent properties. Existing street lights along Avenida
Encinas produce values reaching 10 foot-candles directly below the source. The baseline
outdoor illumination conditions sans any development would average roughly 3 to 5 foot-
candles. As conditioned, an exterior lighting plan shall be prepared. The exterior
lighting plan must be approved by the Planning Director prior to building permit issuance
and any modification to the lighting plan shall require review and approval by the
Planning Director.
The Outdoor Lighting Compliance Survey, Hoehn Carlsbad-Encina Auto Plaza Carlsbad
CA, Investigative Science and Engineering, Inc, dated September 2008 has been updated
to include the lighting details of the Audi dealership which was previously identified as
Planning Area 3 as a potential site for another auto dealership.
In light of the whole record, the additional information does not revise the project
description and no new mitigation measures or project revisions are required for the
project. The expanded information is neither the result of new significant environmental
effects nor the increase in the severity of previously identified significant effects.
The City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
Item No.
P.C. AGENDA OF: September 3, 2008
Application complete date: September 3, 2008
Project Planner: Van Lynch
Project Engineer: Tecla Levy
SUBJECT: GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/ PDF OldVSDP 07-01/ CDP 07-
03 - CARLSBAD ENCINA AUTO PLAZA - Request for a recommendation of
adoption of a Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program; a recommendation of approval for a General Plan
Amendment to change the General Plan Land Use designation from Planned
Industrial/Office to Regional Commercial and Public Utilities, a Zone Change
from Planned Industrial/Office to General Commercial and Public Utility, a Local
Coastal Program Amendment, a Specific Plan, a Precise Development Plan
Amendment, and a Coastal Development Permit and approval of a Site
Development Plan to develop a 28.3-acre parcel into four separate parcels for the
development of an automotive and other motor vehicles sales facility and a public
utility use located on the east side of Avenida Encinas between Palomar Airport
Road and Poinsettia Lane in Local Facilities Management Zone 22.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6445
RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program and ADOPT Planning Commission Resolutions No. 6444,
6446, 6447, 6448, 6449, 6450 and 6451 RECOMMENDING APPROVAL of General Plan
Amendment 07-01, Zone Change 07-01, Local Coastal Program Amendment 07-01, Specific
Plan 07-01, Precise Development Plan Amendment 01(1), and Coastal Development Permit 07-
03 and ADOPT Planning Commission Resolution No. 6450 APPROVING Site Development
Plan 07-01, based on the findings and subject to the conditions contained therein.
II. INTRODUCTION
The 28.3-acre project site is located on the east side of Avenida Encinas between Palomar
Airport Road and Poinsettia Lane, southerly of the Encina Water Pollution Control Facility
(EWPCF). The proposed project consists of a General Plan Amendment to the Land Use
Element to change the land use designation from Planned Industrial/Office (PI/O) to Regional
Commercial (R) and Public Utilities (U) and a Zone Change to rezone the property from Planned
Industrial/Office (PM/O) to General Commercial (C-2) and Public Utility (PU) to allow the
development of a automotive sales facility. A Local Coastal Program Amendment is required to;
1) amend the LCP Land Use Map to be consistent with the proposed General Plan Amendment,
2) amend the LCP Zoning Map to be consistent with the proposed Zoning designations, and 3)
adopt the Specific Plan as the implementing ordinance of the LCP. The Specific Plan is
proposed to regulate the uses of the commercial zoning to automotive and other motor vehicle
sales and related service uses. The Precise Development Plan Amendment is required for the
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existing EWPCF improvements which were previously approved under a Conditional Use
Permit. The SDP, which is required by the Specific Plan, and Coastal Development Permit
entitle the proposed project. Two other administrative permits are necessary for the project. A
Non-Residential Planned Development Permit is being processed to permit parcels which will
not front onto public streets and will be approved by the Planning Director subsequent to the
other project approvals. A Parcel Map is proposed to subdivide the property into four parcels
and will be acted on by the City Engineer. The project meets all regulations applicable to these
legislative and permitting actions, and staff has no issues with the proposal.
III. PROJECT DESCRIPTION AND BACKGROUND
The applicant, Hoehn Avenida Encinas LLC, has requested a General Plan Amendment (GPA),
Zone Change (ZC), Local Coastal Program Amendment (LCPA), Specific Plan (SP), Precise
Development Plan Amendment (PDF), Non-Residential Planned Development Permit (PUD),
Site Development Plan (SDP), and Coastal Development Permit (CDP) to allow for the Land
Use and Zoning changes from Planned Industrial/Office to Commercial and Public Utility and
for the development of an automobile sales facility. The property is owned by the Encina
Wastewater Authority (EWA) who proposes a long term lease of the property.
The project site is presently vacant and devoid of vegetation. Past uses have been agricultural in
nature. To the north of the site are the City of Carlsbad Reclaimed Water facility and the Encina
Water Pollution Control Facility (EWPCF) owned by EWA. To the south and adjacent to the
site is the existing Porsche Auto Dealership. To the south and across Avenida Encinas is the
Bluewater Crossings mixed use project and the North County Transit District's Poinsettia
Coaster Rail Station. To the east is Interstate 5 and to the west are the Avenida Encinas roadway
and the San Diego Northern Railroad tracks.
The proposed Specific Plan regulates permitted land uses on two of the lots, Lots 3 and 4, for the
development of motor vehicle dealerships (retail sales, leasing, renting and servicing of new
and/or used automobiles and other motor vehicles such as trailers, boats, motorhomes,
motorcycles and off-road vehicles. The Specific Plan requires that any future projects be in
compliance with the development standards of the Carlsbad Encina Auto Plaza Specific Plan and
General Commercial (C-2) zone and also provides general site and architectural design
guidelines.
The Specific Plan also identifies the necessary traffic mitigation measures to serve the area and
provides for their installation or bonding prior to development in accordance with the Mitigation
Monitoring and Reporting Program prepared for the project. All projects within the Specific Plan
area have been or will be conditioned to implement required infrastructure improvements
consistent with the Zone 22 LFMP.
A proposed minor subdivision is to divide the property into four parcels. Parcel 1 is the
northernmost parcel and is adjacent and southerly of the wastewater treatment facility and is also
adjacent to Interstate 5. This 3.2 acre parcel is proposed to be General Plan Land Use designated
Public Utilities (U) and zoned Public Utility (PU). The parcel is presently developed with
underground water storage tanks and no further development of the site is proposed with these
applications. The site is also not included within the proposed Specific Plan. The existing site
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improvements are conditionally permitted uses within the existing PM Zone and were approved
by Conditional Use Permit 99-23. The rezoning of the property to PU will allow the facilities by
right with a Precise Development Plan permit. The existing EWA PDF 01(H) is being amended
to include these facilities. Parcel 2 is 6.04 acres in size and is located southerly of Parcel 1 and
also adjacent to 1-5. The parcel is proposed for auto inventory storage, inventory deliveries, a
fuel station, and a carwash/preparation building. This parcel (Parcel 2) has a short term lease
agreement with EWA. A portion of the property may be needed for future EWA water storage
capacity. Once underground water storage improvements have been made, vehicle storage
would resume. Parcel 3 is 15.17 acres in size and is proposed to be developed with three auto
dealerships. Parcel 4 is 2.0 acres in size and is located adjacent and north of the existing
Porsche dealership. This lot would be used for the expansion of the existing Porsche dealership.
A remainder parcel of .27 acres is located on the west side of Avenida Encinas, just northerly of
the transit station entrance. This remnant property is covered with a variety of utility easements
and does not have any significant development potential. The property may be improved in the
future as part of the Coastal Rail Trail project.
The project fronts onto and has access from Avenida Encinas. Access to the parcels will be via
the existing Porsche dealership property, a new entrance just northerly of the existing Porsche
dealership, a main entrance with a new signalized intersection located opposite the Coaster Rail
Station entrance, and a new driveway located along the northerly project property line to serve
Parcels 2 and 3. Through an agreement between the City of Carlsbad and EWA, this driveway
would be located on the adjacent City of Carlsbad property and would serve primarily as an
employee and service entrance. In the event the proposed dealership adjacent to the northern
entryway is not constructed, the access way would be developed on the project site as shown on
the Alternative Plan in the Specific Plan and alternative site plans found in project plans.
The main project entrance is a divided driveway which leads to an entry plaza/traffic circle.
Turning right from the traffic circle leads to the Mercedes dealership building. Passing straight
thru leads to the Jaguar/Land Rover dealership. To the left of the traffic circle is a proposed
Audi Dealership. The traffic circle is surrounded by a large circular auto display area for the
dealerships.
The Hoehn Mercedes dealership building is the largest of the buildings proposed. The building
site is roughly in the center of the project area and is oriented towards Avenida Encinas. An auto
display area, driveway, and landscaped setback separate the building from Avenida Encinas.
The two story building is 107,783 square feet in size and contains auto display, sales, parts, and
service. Vehicle inventory for display and storage for 225 vehicles is proposed on the second
level and the building's roof deck. The building's architecture is described as Bauhaus
(Autohaus), or International, which is characterized by flat roofs, smooth facades of metal, glass,
or concrete, and cubic shapes. Colors are typically white, gray, beige, or black. The proposed
building incorporates rectangular ribbed metal siding, expansive glass panels and stucco siding
in two complementary gray colors with silver and dark blue accent colors. The building form is
roughly rectangular with a glass curtain wall store front. The maximum 35 foot tall storefront
extends easterly from the southeasterly corner of the building 225 feet and is elevated to allow
for a service entrance and site driveways to pass underneath. The elevated portion is glazed in
clear glass and provides a vehicle display area. The eastern terminus of this portion of the
building is 44 feet from the freeway. The overall building elevation, including the eastern
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"wing" and western covered vehicle display area, is 600 feet wide. The storefront roof slopes
downward to the east and west to a low point at the front middle of the building elevation.
The Porsche dealership proposes a new sales and service building located north of the existing
Porsche dealership. The 22,355 square foot two-story building will be 30 feet tall and will also
feature the Bauhaus architectural design. Features will include a convex store front made of
Aluminum Composite Materials (ACM) above a clear glass curtain wall, rectangular ribbed
metal siding over the service entrance, and black spandrel glass panels. The building's
architecture is similar to other corporate Porsche dealerships. Service bays are located within the
building with roll-up access doors located on the north and south elevations of the building.
The Jaguar/Land Rover building is located interior to the site behind the circular auto display
area. The building is 24,386 square feet in size and is single story with a parking deck on the
roof. The building will contain showrooms, sales offices, and service facilities for both Jaguar
and Land Rover. The building's roof deck provides inventory storage for 49 vehicles. The bulk
of the building's height is 22 feet 8 inches with glass storefront elements projecting to 30 feet.
The building has three unique entries from the front, including: a center common glass storefront
entry, a Jaguar semi-circular glass storefront with tan stucco surround on the left side of the
building, and a Land Rover green trademark ACM entry on the right hand side of the building.
A service entry canopy for both dealers is located on the south side of the building. The Land
Rover will have a small test track located within a portion of the circular display area in front of
the dealership. The test track is to demonstrate the abilities of their vehicles.
The Audi building is located on the northern Avenida Encinas frontage of the property. The
single story building is roughly 30,000 square feet in size. The building includes an interior
showroom, sales, and vehicle service area. The exterior of the building is ornamented with two
different metal materials. The sales portion of the building is sided with a perforated corrugated
metal finish. The other siding material is trapezoidal corrugated painted cladding and covers
most of the service portion of the building. One building element which separates the sales
office from the service building has a smooth plaster finish. A clear corner glass curtain wall and
large floor length parallelogram shaped window accent the sales office.
A 15,866 square foot dealer preparation and car wash building is located on Parcel Two, which is
the vehicle inventory area. The building will have office space, body shop, an automatic drive
thru car wash, and 24 interior parking stalls for dealer preparation of vehicles. The rectangular
shaped single story building is located 45 feet westerly of the 1-5 freeway. The building is 30
feet tall and has a shed roof which slopes down to the west to 13 feet in height. The building
contains two corner elements which are 35 feet tall and contain two dealership identity signs
(Jaguar and Land Rover). The buildings' colors are to match those of the Jaguar and Land Rover
building.
The project provides a common landscape theme with Date and Queen Palms as the primary tree
type. Trees are positioned along the Avenida Encinas frontage, auto display area, building fronts
and along the project circulation driveways. Groupings of palms are also proposed along the
freeway elevation. The main driveway entrance is enhanced with decorative paving. The
circular auto display area is also proposed to be enhanced paving. Three outdoor employee
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eating areas are provided around the site. Each project also includes interior space for
employees.
A 35 -foot tall double faced freeway identity sign is proposed to be located on the northern
portion of the site along the 1-5 freeway. The sign is 7 by 10 feet in area and located atop a four-
pole structure.
With the approval of this Specific Plan, the existing car dealerships, Mercedes Benz and Audi,
located in the Car Country would relocate to the new Specific Plan area. This would leave the
existing Mercedes and Audi dealership sites vacant. The Car Country Specific Plan allows for
new and used auto sales and auto related repair and services. All businesses other than new car
sales and service shall be accessory to a new car sales or service business.
The project site was previously mapped as a paper subdivision named "La Costa Downs" in
1927. The project will be required to process street vacations, quitclaim easements, and
consolidate the parcels of this subdivision. Findings for the General Plan consistency for the
street vacations are included in the General Plan compliance section of this staff report.
IV. ANALYSIS
The proposed project is subject to the following plans, ordinances and standards as analyzed
within the following section of this staff report:
A. General Plan Land Use Element -Regional Commercial (R) and Public Utilities
(U) General Plan Land Use Designations;
B. A Specific Plan as defined by California Government Code Section 65451;
C. General Commercial Zone - (C-2) (Carlsbad Municipal Code, Chapter 21.28) and
Carlsbad Encina Auto Plaza Specific Plan (SP 07-01);
D. Public Utility Zone - (PU) (Carlsbad Municipal Code, Chapter 21.36)
E. Subdivision Ordinance;
F. Site Development Plan findings required by the Specific Plan;
G. Mello II Segment of the Local Coastal Program - Carlsbad Municipal Code,
Chapter 21.203, the Coastal Resource Protection Overlay Zone; and
Chapter 21.202, Coastal Agriculture Overlay Zone; and
H. Growth Management Ordinance (Local Facilities Management Plan Zone 22).
The recommendation for approval of this project was developed by analyzing the project's
consistency with the applicable regulations and policies. The project's compliance with each of
the above regulations is discussed in detail in the sections below.
A. General Plan
The present General Plan Land Use designation for the 28.3 acre project area is Planned
Industrial/Office (PI/O). The applicant proposes to redesignate the northernmost 3.2 acre portion
to Public Utilities (U). This portion contains Encina Water Pollution Control improvements
(water flow equalization basins) and the U Land Use designation is consistent with the adjacent
EWA facility. The remainder of the project area is proposed to be redesignated to Regional
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Commercial (R) for the development of an automobile sales facility. The proposed R
designation and accompanying auto sales uses would be compatible with surrounding uses of
Public Utilities (waste water and reclamation plants), Commercial (existing automotive sales),
Mixed Use, daycare, and multi-family housing. The site is topographically suitable for the
development of Commercial type uses, as the developable portion has been previously graded
and is relatively flat. The proposed Regional Commercial Land Use designation will not result
in any unavoidable adverse impacts to the area. The project will not generate a significant
increase in average daily vehicle trips pursuant to the Traffic Impact Analysis for the project
(Iteris, January, 2008). Avenida Encinas, Poinsettia Lane, and Palomar Airport Road and
associated intersections are capable of handling the proposed vehicle trips with the
implementation of the identified mitigation measures. The project is consistent with the
applicable policies and programs of the General Plan. Particularly relevant to the proposed
Regional Commercial development are the Land Use, Circulation, Noise, and Public Safety
elements.
The proposed Commercial Zone implements the proposed Regional Commercial General Plan
designation. The Carlsbad Encina Auto Plaza Specific Plan is consistent with the General Plan in
that it provides for a comprehensive land use plan that designates the permitted uses, primary
local access and public facilities within the Specific Plan area; promotes quality and orderly
development; develops a plan that is economically feasible and capable of being implemented
based on existing and anticipated future economic conditions; and assures adequate facilities,
including circulation improvements, drainage facilities, domestic water, and sewage disposal
facilities.
The project complies with applicable elements of the General Plan as illustrated in Table A
below:
TABLE A - GENERAL PLAN COMPLIANCE
ELEMENT USE,
CLASSIFICATION,
GOAL,
OBJECTIVE OR
POLICY
PROPOSED USES &
IMPROVEMENTS
COMPLY?
Land Use Maintain a system of
public facilities
adequate for the
projected population
and responsibly deal
with the disposal of
solid and liquid waste.
The expansion area of the
Encinas Water Pollution
Control Facility (Parcel 1) will
be redesignated Public Utility
(U).
Yes
Land Use Attract quality
commercial
development to serve
the employment,
shopping, and service
needs of Carlsbad
residents.
The project proposes a General
Plan Amendment to Regional
Commercial for the
development of an Automotive
sales facility regulated through
a Specific Plan.
Yes
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TABLE A - GENERAL PLAN COMPLIANCE CONTINUED
ELEMENT
Circulation
Noise
Public Safety
USE,
CLASSIFICATION,
GOAL,
OBJECTIVE OR
POLICY
New development
shall dedicate and
improve all public
right-of-way for
circulation facilities
needed to serve
development.
Utilize noise
standards contained in
the City of Carlsbad
Noise Guidelines
Manual.
Enforce the Uniform
Building and Fire
Codes, adopted by the
City, to provide fire
protection standards
for all proposed
structures.
PROPOSED USES &
IMPROVEMENTS
The project includes additional
dedication and improvements to
Avenida Encinas, a public street
and Circulation Element
roadway. The project also
vacates old paper subdivision
roadways.
The project is consistent with
the City of Carlsbad Noise
Guidelines Manual.
All necessary water mains, fire
hydrants, and appurtenances
must be reviewed during
building design and installed
prior to occupancy of any
building.
COMPLY?
Yes
Yes
Yes
The project proposes to vacate roads which were dedicated as part of the La Costa Downs paper
subdivision recorded in'1927. The roads to be vacated were part of the subdivision and consist
of streets named; La Costa Blvd., La Loma Blvd., Maricopa Blvd., Alamo Rd., Capistrano Rd.,
Ramona Rd., Lomita Rd., Montecito Rd., and La Jolla Rd. The street vacations are consistent
with the General Plan Circulation Element as the roads are not shown as circulation element
roadways. The roads are not needed to serve any other properties.
B. Specific Plan 07-01
Government Code Section 65451 governs the content of Specific Plans. The Carlsbad Encinas
Auto Plaza Specific Plan contains all information required by state law. The plan consists of
both text and diagrams which specify the following in detail: (1) distribution and location of land
uses, (2) infrastructure, (3) development standards, (4) implementation measures including
financing measures, and (5) a statement of the relationship of the specific plan to the General
Plan.
The Carlsbad Encinas Auto Plaza Specific Plan will become the controlling document for the
development of the site. It will implement the proposed Commercial General Plan Land Use
designation by providing development standards and applicable policies governing the
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PaeeS
development of the site,
remainder parcel.
The developable area is the entire site, excepting Parcel 1 and the
Development and design standards contained within the Carlsbad Encinas Auto Plaza Specific
Plan are adequate to properly develop the property. The specific plan is divided into five areas
for planning purposes. Development standards and design guidelines cover the entire area for a
comprehensive design theme. The standards address development of the parcels as well as
compatibility with the adjacent neighbors. The overall theme of the specific plan is to regulate
the commercial uses to strictly motor vehicle sales and auto related uses as secondary uses to the
primary auto sales. The proposed development standards address typical zoning issues such as
permitted uses, setbacks, height, parking requirements, etc.
C. Chapter 21.28 - General Commercial (C-2) Zoning/Specific Plan compliance
The project proposes a Zone Change from Planned Industrial/Office (PI/O) to General
Commercial (C-2). Under the "Implementing Policies and Action Programs" section of the
General Plan Land Use Element, Item C.I6 indicates that Zoning should be made consistent with
the General Plan. The proposed General Commercial Zoning implements the proposed Regional
Commercial General Plan Land Use designation and will achieve consistency between the
General Plan and Zoning. Since the Specific Plan has a built-in Site Development Plan
requirement, the application of a Qualified Development Overlay Zone to the property is not
required. The Specific Plan has equal or more restrictive development standards than the
General Commercial Zoning Ordinance. The proposed project complies with the Specific Plan
as shown in Table B below.
TABLE B - SPECIFIC PLAN
TABLE 2 - PROJECT COMPLIANCE
Specific Plan
Section
Building Height
Setbacks- Buildings
Setbacks-Parking
Customer/Employee
Inventory
Standard
Not to exceed 35 feet/two
levels. Architectural features
to 45 feet maximum.
Front: 50ft.
Street side: 25ft.
Interior side: 10ft.
Rear: 10ft.
Interstate 5: 30 ft.
Front: 50ft.
Per approved SDP (25 foot
front yard average)
Provided
35 feet to roof/two
levels.
Front: 137 feet.
Street side: 25 ft.
Interior side: 60 ft.
Rear: 50ft.
Interstate 5: 44ft.
Front: 70ft.
25 foot front yard
average
Compliance
Yes
Yes
Yes
Yes
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TABLE B - SPECIFIC PLAN CONTINUED
TABLE 2 - PROJECT COMPLIANCE
Specific Plan
Section
Parking-Dealerships
Customer
Employee
In-service (repair)
Storage/Display
Total Required
Employee Eating
Area
Standard
20% of 1/400 of gross sale
area (65 parking spaces)
1/400 gross sales area +
1/1,250 of auto parts sales
(343 parking spaces)
4/workbay + 2/workbay over
three (133 parking spaces)
No requirement
541
Not required
Provided
78 parking spaces
351 parking spaces
142 parking spaces
92 1 parking spaces
571 parking spaces
2,470 sq ft
Compliance
Yes
Yes
Yes
Yes
Yes
Yes
The Specific Plan calls for a modern/Euro design. The Mercedes, Porsche and Audi all propose
an Autohaus architectural style which is consistent with the Specific Plan. The Landrover/Jaguar
building is of modern design with glass curtain walls and Aluminum Composite Materials
(ACM).
The Specific Plan proposes to vary from the requirements of the sign ordinance and utilize the
sign standards similar to those of the existing Car Country Specific Plan. Specifically, signage is
based on the frontage (width) of the building and is double of that allowed by the Sign
Ordinance. The project also proposes a 35 foot tall pole sign, which is allowed per the Sign
Ordinance for Regional Commercial Centers. The pole sign is located along Interstate 5 for
freeway visibility. The project site is elevated approximately 10 feet above the grade of the
freeway and with the exception of the Mercedes, Porsche and dealer preparation and car wash
building, all of the other dealerships (Audi and Jaguar/Land Rover) are setback a minimum of
415 feet from the freeway therefore, sight visibility of the dealership buildings from the freeway
will be limited. A bulk of the Mercedes building is located 180 feet from the freeway.
D. Public Utility Zone
The existing EWA equalization tanks are located on Parcel 1 of the project. The facilities were
permitted by CUP 99-23 for the development of the Carlsbad Water Recycling Facility. At that
time the property was zoned PM and these facilities were conditionally permitted uses. The
proposed zone change to PU will permit the EWA equalization tank facilities by right. The PU
Zone requires that all improvements be permitted by a PDF. The original CUP Staff report
analyzed the project with both the PM and PU development standards as the land was anticipated
to be zone changed to PU at some future date. The project was found to be in compliance with
the PU development standards. Parcel 1 is not within the Encina Auto Plaza Specific Plan and
the implementing ordinance for the area is the existing Mello II Segment of the LCP and Zoning
Ordinance.
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STANDARD
Min. Lot Area
Min. Lot coverage
Max. Building Height
Min Front Yard setback
Min. Interior Side Yard
Min. Rear Yard Setback
REQUIRED/ALLOWED
7,500 sq ft
50%
Established by PDP
Established by PDP
Established by PDP
Established by PDP
PROVIDED
3.22 acres
40%
At grade concrete basins
50 feet
30 feet
30 feet
The project findings of project compatibility with the adjacent EWAPCF, General Plan
consistency with the U Land Use designation, adequacy of the site for the existing improvements
made in the CUP are still applicable and are reflected in the PDP Amendment Planning
Commission resolution.
E. Subdivision Ordinance
The proposed tentative parcel map complies with all requirements of the City's Subdivision
Ordinance. The property is contained in one tax code area. There is not a minimum parcel size
required for Commercial properties and the Public Utility parcel meets the 7,500 square foot lot
size minimum at 3.22 acres. All proposed parcels will front to a dedicated street, Avenida
Encinas, except for Parcel 2, which will be approved via a Non-Residential Planned
Development Permit and will be served by a private easement. All infrastructure improvements
related to roadways, drainage, and sewer facilities will be installed concurrent with development.
The project will be conditioned to participate in the construction of a signalized traffic
intersection located at Avenida Encinas and the main project entry. The proposed building pads
are adequate in size to allow for future development to take advantage of natural heating and
cooling opportunities. Public access easements and rights-of-way are being offered for
dedication for the proposed drainage facilities. In the future, Caltrans will be acquiring
additional land for freeway widening. The expected acquisition area will be along the northerly
property line adjacent to the freeway and would be five feet in width. The proposed project does
not propose improvements which would hinder the expansion of the freeway.
F. Site Development Permit Findings Required by the Commercial Zone/Specific Plan
The proposed Specific Plan requires that a SDP be approved for the proposed use prior to the
issuance of any building permit. This section summarizes the necessary findings and support for
each.
1. That the requested use is properly related to the site, surroundings, and environmental
settings; it is consistent with the various elements and objectives of the General Plan; it
will not be detrimental to existing uses or to uses specifically permitted in the area in
which the proposed use is to be located; and it will not adversely impact the site,
surroundings, or traffic circulation.
The various elements and objectives of the General Plan will be implemented since the
proposed project falls within a proposed Specific Plan (Carlsbad Encinas Auto Plaza), which
is found to be consistent with the General Plan. The requested additions are properly related
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to the site surroundings as well as the environmental setting in that the project design
complies with the requirements of the Carlsbad Encinas Auto Plaza Specific Plan. The
location of the dealership buildings and support structure will not disrupt the existing
vehicular circulation and Avenida Encinas with mitigation is adequate to handle the traffic
generated by the proposed uses. Further, the proposed uses are compatible with the existing
uses in the area; therefore, the adjacent properties will not be adversely impacted.
2. That the site for the intended use is adequate in size and shape to accommodate the use.
The subject site is adequate in size and shape to accommodate the proposed buildings and the
proposed uses comply with the required development and design standards of the Specific
Plan. The proposed project complies with the development standards for building setbacks,
building height, and parking as proposed within the Specific Plan without the need for
variances.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained.
The site functions as a component of the Specific Plan's allowed automobile sales, service,
and related uses. The project has been designed in accordance with all development and
design standards of the Specific Plan; therefore, the project is compatible with existing
permitted and future uses. The project has been conditioned to include traffic mitigation
measures and outdoor lighting restrictions to minimize potential impacts to the surrounding
uses.
4. That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use.
Primary access to the site will be provided from three driveways located off of Avenida
Encinas. The street system serving the proposed uses will be adequate to handle the 10,876
Average Daily Trips generated by the proposed project with the implementation of mitigation
measures. A new traffic signal is proposed at the main entrance located across from the
existing Poinsettia Station Commuter Rail Station.
G. Mello II Segment of the Local Coastal Program, the Coastal Agricultural Overlay
Zone (Chapter 21.202) and the Coastal Resource Protection Overlay Zone (Chapter
21.203)
The subject property is located in the Mello II Segment of the City's Local Coastal Program
(LCP). The LCP consists of two parts - the Land Use Plan and the implementing ordinances.
For this portion of the Mello II Segment, the implementing ordinances consist of the applicable
portions of the Zoning Ordinance (Chapters 21.202 and 21.203) and the proposed Specific Plan.
The policies of the Mello II Land Use Plan emphasize topics such as preservation of agricultural
and scenic resources, protection of environmentally sensitive resources, provision of shoreline
access, and prevention of geologic instability and erosion.
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The project site has a LCP Land Use designation of Planned Industrial/Office (PI/O) and an LCP
Zone designation of Planned Industrial/Office (PM/O). The proposed LCP Land Use and Zone
changes to the project site from PI/O to R and U and the Zone Changes from PM/O to C-2 and
PU respectively are required to ensure consistency with the City's General Plan and Zoning and
are consistent with the policies contained in the Land Use Plan for the Mello II Segment of the
LCP. No impacts to any physical features, such as scenic resources, environmentally sensitive
areas, or geologic features, will occur as none exist on the flat and previously disturbed site. No
distant or coastal views would be obstructed. Interstate 5 does not afford any coastal views
across the site as the freeway is below the elevation of the subject property.
As designed, the project is consistent with the relevant policies of the Mello II Segment of the
Local Coastal Program (LCP), the Coastal Agricultural Overlay Zone (Zoning Ordinance
Chapter 21.202) and the Coastal Resource Protection Overlay Zone (Zoning Ordinance Chapter
21.203).
The project is consistent with the relevant LCP Policies and Carlsbad Coastal Ordinances as
follows:
Agricultural Policy 2-1 of the LCP and Coastal Agricultural Overlay Zone:
The project is consistent with Policy 2-1 and provisions of the Coastal Agricultural Overlay
Zone. The property is identified as "Designated Coastal Agricultural Land" as identified on Map
X and is known as the Bankers Site in the LCP. The property is also designated as a Non-prime
agricultural land and is permitted to convert to urban uses subject to the provisions set fourth in
the LCP. As such, the project has been conditioned to pay the agricultural conversion mitigation
fee pursuant to Option 3 - Agricultural Conversion Mitigation Fee. The payment of this fee will
supersede the otherwise required HMP habitat impact fee.
Drainage and Erosion Control Policies 3-4, 4-2, 4-3, 4-5, 4-6 of the LCP and Coastal Resource
Protection Overlay Zone:
The project is consistent with the Policies of the LCP and provisions of the Coastal Resource
Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will
adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard
Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management
Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. No
development is proposed in areas of steep slopes (coastal bluffs) and no native vegetation is
located on the subject property. The site is not located in an area prone to landslides, or
susceptible to accelerated erosion, floods, or liquefaction. Stormwater retention basins are
proposed along Avenida Encinas that are designed to control the rate of storm water runoff and
improve water quality from the site.
Policy 5-2 - Untreated reclaimed water:
The project coordinates with the Encina Wastewater Pollution Control Facilities expansion plans
by preserving land for future expansion of water storage facilities.
Policy 8-1 Site Development Plan Review:
The project is proposing building heights of 35 feet which is consistent with the proposed
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Commercial zoning of the property. The project limits the size and location of buildings along
the freeway frontage as buildings are predominately oriented to Avenida Encinas. No distant or
coastal views are afforded from Interstate 5.
Policy 8-4 Archaeological and Paleontological resources:
Cultural and paleontological resources may be present on the site. Resource surveys have been
prepared and recommend mitigation measures which will reduce the significance of the potential
resource impacts.
Policy 8-5 Signage:
The project proposes signage consistent with that of the Car Country Specific Plan (SP-19) in
sign type, numbers of signs, and sign area permitted. This however is not consistent with all of
the LCP sign policy requirements (i.e.; tall freestanding pole sign prohibitions), but is consistent
and equitable with the approval of the Car County Specific Plan which is also located within the
coastal zone and along the 1-5 freeway. The Specific Plan creates the development standard for
signs and is implemented by the adoption of the Specific Plan as the implementing ordinance of
the Local Coastal Program.
The project was publicly noticed for the State mandated six-week public notice of availability
review period, from April 18, 2008 through May 30, 2008. No comments were received during
the comment period.
H. Growth Management Ordinance (Local Facilities Management Plan Zone 22)
The project site is located within LFMP Zone 22. A review of the LFMP was completed to
determine if there were any conflicts with the facilities planned for Zone 22 and the proposed
Commercial land use. The LFMP anticipated the project site would be developed with a Planned
Industrial/Office land use. The projected building square footage compared to the proposed
square footage results in a net decrease of 141,391 of building square footage. The 3.2 acre
portion being changed from PI/O to U and the 6.0 acre long term lease area will preclude intense
development of the site which reduces the development potential and facility demands for the
site. A comparison of the impacts associated with the project site being converted from an
Industrial/Office Land Use to a Regional Commercial Land Use concludes that all public
facilities have been planned and designed to adequately serve the property.
The supply of public facilities such as wastewater treatment, drainage, circulation, sewer, and
water are adequate to serve the proposed Commercial and Public Utility land uses. All facilities,
including the facilities just mentioned; along with city administrative facilities, libraries, parks,
fire/emergency services, and schools, are planned/designed to adequately serve the area based
upon the projected build-out population.
V. ENVIRONMENTAL REVIEW
Staff conducted an environmental impact assessment to determine if the project could have a
potentially significant effect on the environment pursuant to CEQA Guidelines and the
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Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. Potentially
significant aesthetic, cultural resources and traffic impacts were identified. The developer has
agreed to mitigation measures to reduce the identified impacts to below a level of significance in
accordance with CEQA. In consideration of the foregoing, the Planning Director issued a Notice
of Intent to Adopt a Mitigated Negative Declaration for the project on May 01, 2008 and noticed
for 30 days. Comments were received from the Native American Heritage Commission and
Caltrans. The project has already addressed the concerns of the Native American Heritage
Commission through site review and mitigation requirements for archeological resource
monitoring during site grading. Caltrans concerns are regarding the future need to acquire
additional lands for the future widening of Interstate 5. The project as designed would not bias
the ability to nor propose improvements such as buildings or parking which would significantly
hinder the widening of the freeway.
ATTACHMENTS:
1. Planning Commission Resolution No. 6445 (Neg. Dec.)
2. Planning Commission Resolution No. 6444 (GPA 07-01)
3. Planning Commission Resolution No. 6446 (ZC 07-01)
4. Planning Commission Resolution No. 6447 (LCPA 07-01)
5. Planning Commission Resolution No. 6448 (SP 07-01)
6. Planning Commission Resolution No. 6449 (POP 01 (I))
7. Planning Commission Resolution No. 6450 (SDP 07-01)
8. Planning Commission Resolution No. 6451 (CDP 07-03)
9. Location Map
10. Disclosure Statement
11. Local Facilities Impact Assessment Form
12. Background Data Sheet
13. Engineering draft conditions of approval for MS 07-01
14. Reduced exhibits
15. Exhibits "A" - "II" dated September 3, 2008.
16. Carlsbad Encina Auto Plaza Specific Plan - SP 07-01 (previously distributed and on file
in the Carlsbad Planning Department.)
1 PLANNING COMMISSION RESOLUTION NO. 6445
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
ADOPTION OF A MITIGATED NEGATIVE DECLARATION
4 AND MITIGATION MONITORING AND REPORTING
, PROGRAM FOR A GENERAL PLAN AMENDMENT TO
CHANGE THE GENERAL PLAN LAND USE FROM
6 PLANNED INDUSTRIAL/OFFICE TO REGIONAL
COMMERCIAL AND PUBLIC UTILITIES, A ZONE CHANGE
7 FROM PLANNED INDUSTRIAL/OFFICE TO GENERAL
COMMERCIAL AND PUBLIC UTILITY AND
8 RECOMMENDING APPROVAL OF A LOCAL COASTAL
9 PROGRAM AMENDMENT, A SPECIFIC PLAN, A PRECISE
DEVELOPMENT PLAN AMENDMENT, A SITE
10 DEVELOPMENT PLAN, AND A COASTAL DEVELOPMENT
PERMIT TO DEVELOP A 28.3-ACRE PARCEL INTO FOUR
11 SEPARATE PARCELS FOR AN AUTOMOTIVE AND OTHER
MOTOR VEHICLE SALES FACILITY LOCATED ON THE
12 EAST SIDE OF AVENIDA ENCINAS BETWEEN PALOMAR
13 AIRPORT ROAD AND POINSETTIA LANE IN LOCAL
FACILITIES MANAGEMENT ZONE 22.
14 CASE NAME: CARLSBAD ENCINA AUTO PLAZA
CASE NO.: GPA 07-01/ ZC 07-01/ LCPA 07-01/ SP 07-
15 Ol/ POP OKI)/ SDP 07-01/ CDP 07-03
WHEREAS, Hoehn Avenida Encinas LLC, "Developer," has filed a verified
17
application with the City of Carlsbad regarding property owned by Encina Wastewater
18
Authority, a California public agency, "Owner," described as
2Q That portion of Section 20, Township 12 South, Range 4 west,
San Bernardino Base and Meridian, according to official Plat
21 thereof and that portion of La Costa Downs Unit No. 1,
according to Map thereof No. 2013, filed in the Office of the
22 County Recorder of San Diego County, April 26,1927.
23 ("the Property"); and
24
WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and
25
Reporting Program was prepared in conjunction with said project; and26
27 WHEREAS, the Planning Commission did on September 3, 2008, hold a duly
28 noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
2 and arguments, examining the initial study, analyzing the information submitted by staff, and
3
considering any written comments received, the Planning Commission considered all factors4
r relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
g Program.
7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
o
Commission as follows:
9 A) That the foregoing recitations are true and correct.
10
B) That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program, according to
Exhibits "NOI", and "Environmental Impact Assessment Form - Initial Study
13 (ElA)", attached hereto and made a part hereof, based on the following findings:
14 Findings:
1. The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration
17 and Mitigation Monitoring and Reporting Program for the Carlsbad Encinas
Auto Plaza and the environmental impacts therein identified for this project and
18 any comments thereon prior to RECOMMENDING APPROVAL of the project;
and19
2Q b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program has been prepared in accordance with requirements of the California
21 Environmental Quality Act, the State Guidelines and the Environmental
Protection Procedures of the City of Carlsbad; and
22
c. it reflects the independent judgment of the Planning Commission of the City of
23 Carlsbad; and
24 d. based on the EIA and comments thereon, there is no substantial evidence the
25 project will have a significant effect on the environment.
2. The Planning Commission hereby finds that the Program is designed to ensure that
during project implementation the Developer and any other responsible parties implement
the project components and comply with the feasible mitigation measures identified in
28 the CEQA Findings and the Program.
PC RESO NO. 6445 -2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Conditions:
1 . Developer shall implement, or cause the implementation of, the Carlsbad Encinas Auto
Plaza Project Mitigation Monitoring and Reporting Program.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on September 3, 2008, by the
•
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
FRANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6445 -3-
Planning
following
City of Carlsbad
Planning Department
NOTICE OF INTENT TO ADOPT A
MITIGATED NEGATIVE DECLARATION
CASE NAME:
CASE NO:
PROJECT LOCATION:
Carlsbad Encina Auto Plaza
GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03
East side of Avenida Encinas between Palomar Airport Road and
Poinsettia Lane
PROJECT DESCRIPTION: The project consists of the development of a 25.1 acre Regional
automobile sales and service facility located on the east side of Avenida Encinas. adjacent and west of
the Interstate 5 freeway, between Palomar Airport Road and Poinsettia Lane. The project proposes three
auto dealerships with a future site for an additional dealership. One of the dealerships is an expansion of
the existing Porsche dealership located south and adjacent to the site. The project requires Land Use and
Zoning changes from Planned Industrial/Office to Commercial. A 3.2 acre portion, which is located in
the northern portion of the site, is proposed to be designated Public Utility for the existing underground
waste water storage tanks of the Encina Waste Pollution Control Facility. The site is relatively flat and
previously disturbed by grading activity associated with surrounding development. No structures exist
on the site other than underground water storage structures. The project is located north of the existing
Porsche Dealership and North County Transit District's Poinsettia Commuter Rail Station, south of the
existing Encinas Waste Pollution Control Facility and City of Carlsbad Reclaimed Water Treatment
Plant, east of Avenida Encinas (and San Diego Northern Railroad line), and west of the Interstate 5
Freeway. Also to the south is the Poinsettia Station mixed use project (aka Poinsettia Commons), a
vacant Community Facility site and an existing apartment (affordable housing) project.
PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of
the above described project pursuant to the Guidelines for Implementation of the California
Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a
result of said review, the initial study (EIA Part 2) identified potentially significant effects on the
environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant
before the proposed negative declaration and initial study are released for public review would avoid the
effects or mitigate the effects to a point where clearly no significant effect on the environment would
occur, and (2) there is no substantial evidence in light of the whole record before the City that the project
"as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative
Declaration will be recommended for adoption by the City of Carlsbad City Council.
A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative
Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008.
Comments from the public are invited. Please submit comments in writing to the Planning Department
within 30 days of the date of this notice.
The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by
the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued
when those public hearings are scheduled. If you have any questions, please call Van Lynch in the
Planning Department at (760) 602-4614.
PUBLIC REVIEW PERIOD
PUBLISH DATE
May 1. 2008 through Mav 31. 2008
May 1.2008
1635 Faraday Avenue « Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
ENVIRONMENTAL IMPACT ASSESSMENT FORM - INITIAL STUDY
CASE NO: GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03
DATE: March 31.2008
BACKGROUND
1. CASE NAME: Carlsbad Encina Auto Plaza
2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad
3. CONTACT PERSON AND PHONE NUMBER: Van Lynch (76(» 602-4613
4. PROJECT LOCATION: East side of Avenida Encinas between Palomar Airport Road and
Poinsettia Lane
5. PROJECT SPONSOR'S NAME AND ADDRESS: Hoehn Avenida Encinas LLC. PQ Box 789.
Carlsbad CA 92018
6. GENERAL PLAN DESIGNATION: Existing: Planned Industrial/Office. Proposed: Regional
Commercial and Public Utility.
7. ZONING: Existing: Planned Industrial/Office. Proposed: General Commercial and Public
Utility
8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing
approval or participation agreements): None
PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND
USES:
The project consists of the development of a 28.3 acre Regional automobile sales and service
facility located on the east side of Avenida Encinas. adjacent and west of the Interstate 5 freeway,
between Palomar Airport Road and Poinsettia Lane. The project proposes three auto dealerships
with a future site for an additional dealership. One of the dealerships is an expansion of the
existing Porsche dealership located south and adjacent to the site. The project requires General
Plan Land Use and Zoning changes from Planned Industrial/Office to Commercial with a
corresponding amendment to the Local Coastal Plan and the adoption of a specific plan. A 3.2
acre area, which is located in the northern portion of the site, is proposed to be designated Public
Utility for the existing underground waste water storage structure of the Encina Waste Pollution
Control Facility. The site is relatively flat and previously disturbed by grading activity associated
with agricultural practices and staging site for surrounding development. No structures exist on
the site other than underground water storage structures. The project is located north of the
existing Porsche Dealership and North County Transit District's Poinsettia Commuter Rail
Station, south of the existing Encinas Waste Pollution Control Facility and City of Carlsbad
Reclaimed Water Treatment Facility, east of Avenida Encinas (and San Diego Northern Railroad
line), and west of the Interstate 5 Freeway. Also to the south is the Poinsettia Station mixed use
project (aka Poinsettia Commons), a vacant Community Facility site (daycare) and an existing
apartment (affordable housing) project.
GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03
Carlsbad Encina Auto Plaza
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The summary of environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact
Unless Mitigation Incorporated" as indicated by the checklist on the following pages.
Aesthetics
Agricultural Resources
Air Quality
Biological Resources
Cultural Resources
Geology/Soils
Hazards/Hazardous Materials
Hydrology/Water Quality
Land Use and Planning
Mineral Resources
Mandatory Findings of
Significance
0 Noise
1 | Population and Housing
I | Public Services
I | Recreation
IXI Transportation/Circulation
I | Utilities & Service Systems
Rev. 12/13/07
GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03
Carlsbad Encina Auto Plaza
DETERMINATION
(To be completed by the Lead Agency)
[H I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
1X1 I find that although the proposed project could have a significant effect on the environment, there
will not be a significant effect in this case because the mitigation measures described on an
attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION
will be prepared.
I I I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
[~~1 I find that the proposed project MAY have "potentially significant impact(s)" on the environment,
but at least one potentially significant impact 1) has been adequately analyzed in an earlier
document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets. A Negative Declaration is
required, but it must analyze only the effects that remain to be addressed.
I | I find that although the proposed project could have a significant effect on the environment, there
WILL NOT be a significant effect in this case because all potentially significant effects (a) have
been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE
DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated
pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE
DECLARATION, including revisions or mitigation measures that are imposed upon the proposed
project. Therefore, nothing further is required.
Planner Signature Date
Planning Director's Signature Date
Rev. 12/13/07
GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03
Carlsbad Encina Auto Plaza
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an
Environmental Impact Assessment (EIA) to determine if a project may have a significant effect on the
environment. The Environmental Impact Assessment appears in the following pages in the form of a
checklist. This checklist identifies any physical, biological and human factors that might be impacted by
the proposed project and provides the City with information to use as the basis for deciding whether to
prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved
EIR or Negative Declaration.
• A brief explanation is required for all answers except "No Impact" answers that are adequately
supported by an information source cited in the parentheses following each question. A "No
Impact" answer is adequately supported if the referenced information sources show that the
impact simply does not apply to projects like the one involved. A "No Impact" answer should be
explained when there is no source document to refer to, or it is based on project-specific factors
as well as general standards.
• "Less Than Significant Impact" applies where there is supporting evidence that the potential
impact is not significantly adverse, and the impact does not exceed adopted general standards and
policies.
• "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of
mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than
Significant Impact." The developer must agree to the mitigation, and the City must describe the
mitigation measures, and briefly explain how they reduce the effect to a less than significant
level.
• "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is
significantly adverse.
• Based on an "EIA-Initial Study", if a proposed project could have a potentially significant
adverse effect on the environment, but all potentially significant adverse effects (a) have been
analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable
standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated
Negative Declaration, including revisions or mitigation measures that are imposed upon the
proposed project, and none of the circumstances requiring a supplement to or supplemental EIR
are present and all the mitigation measures required by the prior environmental document have
been incorporated into this project, then no additional environmental document is required.
• When "Potentially Significant Impact" is checked the project is not necessarily required to
prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR
pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding
Considerations" has been made pursuant to that earlier EIR.
• A Negative Declaration may be prepared if the City perceives no substantial evidence that the
project or any of its aspects may cause a significant adverse effect on the environment.
• If there are one or more potentially significant adverse effects, the City may avoid preparing an
EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and
Rev. 12/13/07
GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03
Carlsbad Encina Auto Plaza
those mitigation measures are agreed to by the developer prior to public review. In this case, the
appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and
a Mitigated Negative Declaration may be prepared.
• An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not
limited to the following circumstances: (1) the potentially significant adverse effect has not been
discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does
not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a
"Statement of Overriding Considerations" for the significant adverse impact has not been made
pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to
less than significant; or (4) through the EIA-Initial Study analysis it is not possible to determine
the level of significance for a potentially adverse effect, or determine the effectiveness of a
mitigation measure in reducing a potentially significant effect to below a level of significance.
A discussion of potential impacts and the proposed mitigation measures appears after each related set of
questions. Particular attention should be given to discussing mitigation for impacts, which would
otherwise be determined significant.
AESTHETICS - Would the project:
a) Have a substantial adverse effect on a scenic
vista?
b) Substantially damage scenic resources, including
but not limited to, trees, rock outcroppings, and
historic buildings within a State scenic highway?
c) Substantially degrade the existing visual
character or quality of the site and its
surroundings?
d) Create a new source of substantial light and
glare, which would adversely affect day or
nighttime views in the area?
Potentially
Significant
Impact
D
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
D
Less Than
Significant
Impact
D
No
Impact
D
a, b & c) No Impact. The project site is relatively flat with no scenic vistas present. The site is void of
vegetation, rock outcroppings and structures. No visual amenities are present on site. Interstate 5 is identified as a
"community scenic corridor," but no ocean views are visible from 1-5 as the site is elevated above the roadway.
Development of the site will not impact views from the 1-5 corridor.
d) Potentially Significant Unless Mitigation Incorporated. New sources of light and glare will be created
and standard conditions of approval require that all lighting shall be shielded so that it does not spill onto adjacent
properties and the project is conditioned to use only Low Pressure Sodium lights with onsite lighting levels not to
exceed 50 foot-candles from the hours of 10:00 P.M. and 6:00 A.M.
Rev. 12/13/07
GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03
Carlsbad Encina Auto Plaza
II. AGRICULTURAL RESOURCES - (In
determining whether impacts to agricultural
resources are significant environmental effects, lead
agencies may refer to the California Agricultural
Land Evaluation and Site Assessment Model-1997
prepared by the California Department of
Conservation as an optional model to use in
assessing impacts on agriculture and farmland.)
Would the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland),
as shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of
the California Resources Agency, to non-
agricultural use? (5)
b) Conflict with existing zoning for agricultural
use, or a Williamson Act contract?
c) Involve other changes in the existing
environment, which, due to their location or
nature, could result in conversion of Farmland
to non-agricultural use? (5)
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
D
D
D
D
D
D
D
a) Less than Significant Impact. The subject site appeared to be used as agricultural land up until about
1990 (air photo interpretation). Since that time the land has laid fallow. More recently the site has been disturbed
by grading associated with adjacent projects as shown on aerial images and as reported in the geotechnical
investigation of the site. The site is identified Prime Farmland and Farmland of statewide importance per the
California Department of Agriculture, June 1990. The property has been past identified as the Bankers Trust
property in a report entitled "An Agricultural Feasibility Analysis of the Lusk and Bankers Trust Properties in
Carlsbad, California, prepared by CIC Research, Inc, dated October 7, 1985 and updated by letter June 27, 1995.
The report identifies the site as nonprime agricultural land and as such, agricultural use of the site is not
economically viable. The site is not protected by Open Space and the Planned Industrial/Office General Plan Land
Use designation anticipates the conversion of the property to non-agricultural uses. The Mello II Segment of the
Local Coastal Program addresses the issue of conversion of agricultural lands by establishing programs which
mitigate for agricultural conversion. The project is conditioned to pay the agricultural conversion fee on a net
converted acre of land.
b and c) No Impact. The site is not subject to Williamson Act contracts and the development of the site
will not impact other farmlands as none are adjacent.
Rev. 12/13/07
GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03
Carlsbad Encina Auto Plaza
III. AIR QUALITY - (Where available, the significance
criteria established by the applicable air quality
management or air pollution control district may be
relied upon to make the following determinations.)
Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Violate any air quality standard or contribute
substantially to an existing or projected air
quality violation?
c) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is in non-attainment under an
applicable federal or state ambient air quality
standard (including releasing emissions which
exceed quantitative thresholds for ozone
precursors)?
d) Expose sensitive receptors to substantial
pollutant concentrations?
e) Create objectionable odors affecting a
substantial number of people?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
D n
n
n n n
n
n n n
a) No Impact. The project site is located in the San Diego Air Basin which is a state non-attainment area for ozone
(Os) and for particulate matter less than or equal to 10 microns in diameter (PM|0). The periodic violations of
national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in
inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to
improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality
Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of
Governments (SANDAG).
A Plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state-
mandated plan. This local plan was combined with plans from all other California non-attainment areas having
serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by
the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to
the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly
regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996.
The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are
incorporated into the air quality planning document. These growth assumptions are based on each city's and the
County's general plan. If a proposed project is consistent with its applicable General Plan, then the project
presumably has been anticipated with the regional air quality planning process. Although the project entails a
General Plan Amendment from Planned Industrial/Office to Regional Commercial, an analysis of the traffic
generated by the build out assumptions of the Growth Management Plan shows that the traffic generated by the
Regional Commercial use would be equivalent or less than that of the Planned Industrial/Office Land Use
designation. Such consistency would ensure that the project would not have an adverse regional air quality impact.
Rev. 12/13/07
GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03
Carlsbad Encina Auto Plaza
Section 15125(B) of the State of California Environmental Quality Act (CEQA) Guidelines contains specific
reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality
management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set
forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California
Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the
following:
• Is a regional air quality plan being implemented in the project area?
• Is the project consistent with the growth assumptions in the regional air quality plan?
The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being
implemented. The project is consistent with the regional air quality plan and will in no way conflict or obstruct
implementation of the regional plan.
b) Less Than Significant Impact. The closest air quality monitoring station to the project site is at Camp
Pendleton. Data available for this monitoring site from 2000 through December 2004 indicate that the most recent
air quality violations recorded were for the state one hour standard for ozone (a total of 10 days during the 5-year
period). No other violations of any air quality standards have been recorded during the 5-year time period. The
project would involve minimal short-term emissions associated with grading and construction. Such emissions
would be minimized through standard construction measures such as the use of properly tuned equipment and
watering the site for dust control. Long-term emissions associated with travel to and from the project will be
minimal. Although air pollutant emissions would be associated with the project, they would neither result in the
violation of any air quality standard (comprising only an incremental contribution to overall air basin quality
readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as
less than significant.
c) Less Than Significant Impact. The air basin is currently in a state non-attainment zone for ozone and
suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable
potential net increase in emissions throughout the air basin. As described above, however, emissions associated
with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed
project, air quality would be essentially the same whether or not the proposed project is implemented. According to
the CEQA Guidelines Section 15130(a)(4), the proposed project's contribution to the cumulative impact is
considered de minimus. Any impact is assessed as less than significant.
d) No impact. As noted above, the proposed would not result in substantial pollutant emissions or concentrations.
In addition, there are no sensitive receptors (e.g., schools or hospitals) located in the vicinity of the project. No
impact is assessed.
e) No Impact. The construction of the proposed project could generate fumes from the operation of construction
equipment, which may be considered objectionable by some people. Such exposure would be short-term or
transient. In addition, the number of people exposed to such transient impacts is not considered substantial.
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
IV. BIOLOGICAL RESOURCES - Would the project:
a) Have a substantial adverse effect, either directly [H O d C3
or through habitat modifications, on any species
identified as a candidate, sensitive, or special
status species in local or regional plans, policies,
or regulations, or by California Department of
Fish and Game or U.S. Fish and Wildlife
Service? (6)
Rev. 12/13/07
GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03
Carlsbad Encina Auto Plaza
b) Have a substantial adverse effect on any riparian,
aquatic or wetland habitat or other sensitive
natural community identified in local or regional
plans, policies, or regulations or by California
Department of Fish and Game or U.S. Fish and
Wildlife Service? (6)
c) Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of
the Clean Water Act (including but not limited to
marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or
other means? (6)
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife
species or with established native resident or
migratory wildlife corridors, or impede the use of
native wildlife nursery sites? (6)
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance? (6)
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan? (4
and 6)
Potentially
Significant
Impact
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
Less Than
Significant
Impact
D
No
Impact
D D
D n
D D
a - f) No Impact. The entire site has been previously disturbed by agricultural practices and is void of
vegetation. The site is not adjacent to other significant habitats or habitat linkages and is shown as "Developed
land" in the City's Habitat Management Plan. The project is not subject to HMP mitigation fees as the project is
conditioned to pay Local Coastal Program Agricultural Conversion fees for the conversion of agricultural lands as
identified on "Map X" to non-agricultural uses.
V. CULTURAL RESOURCES - Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource as defined in
§15064.5? (7)
b) Cause a substantial adverse change in the signifi-
cance of an archeological resource pursuant to
§15064.5? (7)
Potentially
Significant
Impact
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
D
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Carlsbad Encina Auto Plaza
c) Directly or indirectly destroy a unique pale
ontological resource or site or unique geologic
feature? (7)
d) Disturb any human remains, including those
interred outside of formal cemeteries? (7)
Potentially
Significant
Impact
D
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
D
No
Impact
D
D
a - b) No Impact. No cultural resources are identified on site.
c - d) Potentially Significant Unless Mitigation Incorporated. The site has the potential to contain subsurface
cultural and paleontological resources. A mitigation program shall be developed consistent with the City's Cultural
Resources Guidelines and the Archaeological Resources Survey prepared for the project, which involves review of
the grading plans, attendance of a archaeologist and Native American monitor at grading meetings and during the
grading operation with the authority to direct grading operations to salvage resources, and curation of the resources
will mitigate the impacts to a less than significant level. Mitigation measures for paleontological resources has been
incorporated which will reduce the level of significance to less than significant.
VI. GEOLOGY AND SOILS - Would the project:
a) Expose people or structures to 'potential
substantial adverse effects, including the risk of
loss, injury or death involving:
i. Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer
to Division of Mines and Geology Special
Publication 42. (8)
ii. Strong seismic ground shaking? (8)
iii. Seismic-related ground failure, including
liquefaction? (8)
iv. Landslides? (8)
b) Result in substantial soil erosion or the loss of
topsoil? (8)
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in on-
or off-site landslide, lateral spreading,
subsidence, liquefaction, or collapse? (8)
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
D
n n
n
n
n
n
n
n
n
n
10 Rev. 12/13/07
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Carlsbad Encina Auto Plaza
d) Be located on expansive soils, as defined in
Table 18 - 1-B of the Uniform Building Code
'(1997), creating substantial risks to life or
property? (8)
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater
disposal systems where sewers are not available
for the disposal of wastewater? (8)
Potentially
Significant
Impact
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
Less Than
Significant
Impact
No
Impact
D
a.i.-a.iii.) Less than Significant Impact. A geotechnical investigation of the project site was prepared by Geocon
Incorporation (Project No. 07612-42-01, January 5, 2006) to provide subsurface information and geotechnical
recommendations specific to the proposed project. According to this report, the subject site is not located within any
Earthquake Fault Zones as created by the Alquist-Priolo Act, nor are there any known major or active faults on or in
the immediate vicinity of the site. Because of the lack of known active faults on the site, the potential for surface
rupture at the site is considered low. The main seismic hazard that may affect the site is ground shaking from one of
the active regional faults, with the nearest known active fault being the Rose Canyon Fault Zone located 3.9 miles
west of the site. Due to the dense nature of the site's subsoil, grain size, and implementation of the
recommendations contained within the geotechnical report, risk of seismically induced liquefaction is considered
very low.
a.iv.) No Impact. The topography of the site is generally flat with elevations ranging from approximately 75 feet
above mean sea level (msl) in the eastern portion of the site to approximately 50 feet msl at the west side of the site.
No landslides were encountered at the site or mapped within the immediate areas influencing the project
development. Landslides are not anticipated to impact the site.
b) No Impact. The topography of the site is generally flat with elevations ranging from approximately 75 feet
above mean sea level (msl) in the eastern portion of the site to approximately 50 feet msl at the west side of the site.
The project's compliance with standards in the City's Excavation and Grading Ordinance that prevent erosion
through vegetative planting and installation of temporary erosion control means will avoid substantial soil erosion
impacts.
c) Less than Significant Impact. See Section a.i to a.iii above.
d) Less Than Significant Impact. A geotechnical investigation of the project site was prepared to provide
subsurface information and geotechnical recommendations specific to the proposed project. According to the report,
the project site is underlain by units of soils consisting of undocumented fill, Quaternary-aged terrace deposits and
Tertiary-age Santiago Formation. The predominant soil type at-grade within the proposed project site is
undocumented fill that has been imported to the site. The imported material is unsuitable for development and will
require complete removal and recompaction. Through the implementation of the geotechnical design
recommendations outlined in the report, the development of the site is considered feasible and impacts from
expansive soils are low.
e) No Impact. The proposed project does not propose septic tanks and will utilize the public sewer system.
Therefore, there will be no impacts involving soils that support the use of septic tanks or alternative wastewater
disposal systems.
11 Rev. 12/13/07
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Carlsbad Encina Auto Plaza
VII. HAZARDS AND HAZARDOUS MATERIALS -
. Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials? (1)
b) Create a significant hazard to the public or
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment? (1)
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or
proposed school? (1)
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a
result, would it create a significant hazard to the
public or environment? (1)
e) For a project within an airport land use plan, or
where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project result in a safety hazard for
people residing or working in the project area?
(1)
f) For a project within the vicinity of a private
airstrip, would the project result in a safety
hazard for people residing or working in the
project area? (1)
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
D
Less Than
Significant No
Impact Impact
D
D
D D
D D
D D D
D
I I
CH
g) Impair implementation of or physically interfere I I
with an adopted emergency response plan or
emergency evacuation plan? (1)
h) Expose people or structures to a significant risk Q
of loss, injury or death involving wildland fires,
including where wildlands are adjacent to
urbanized areas or where residences are
intermixed with wildlands? (1)
a — h) Less Than Significant Impact. The auto related project does not involve significant amounts of hazardous
materials nor will it have the potential to release hazardous materials. The site is not located within one-quarter mile
of an existing or proposed school and is not located on a listed hazardous materials site. The site is neither within
the Airport Land Use Compatibility Plan for the McClellan-Palomar Airport nor within the vicinity of a private
airstrip. The project would not impact any emergency response plan or evacuation plan as the project is not
12 Rev. 12/13/07
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Carlsbad Encina Auto Plaza
identified as an evacuation shelter or impede movement along primary evacuation routes. The site does not have, or
is adjacent to, wildlands which could cause a fire hazard.
VIII. HYDROLOGY AND WATER QUALITY - Would
the project:
a) Violate any water quality standards or waste
discharge requirements? (9 and 10)
b) Substantially deplete groundwater supplies or
interfere substantially with ground water
recharge such that there would be a net deficit in
aquifer volume or a lowering of the local ground
water table level (i.e., the production rate of pre-
existing nearby wells would drop to a level which
would not support existing land uses or planned
uses for which permits have been granted)? (8, 9
and 10)
c) Substantially alter the existing drainage pattern of
the site or area, including through the alteration
of the course of a stream or river, in a manner,
which would result in substantial erosion or
siltation on- or off-site? (9 and 10)
d) Substantially alter the existing drainage pattern of
the site or area, including through the alteration
of the course of a stream or river, or substantially
increase the flow rate or amount (volume) of
surface runoff in a manner, which would result in
flooding on- or off-site? (9 and 10)
e) Create or contribute runoff water, which would
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted runoff?
(9 and 10)
f) Otherwise substantially degrade water quality? (9
and 10)
g) Place housing within a 100-year flood hazard
area as mapped on a Federal Flood Hazard
Boundary or Flood Insurance Rate Map or other
flood delineation map? (9 and 10)
h) Place within 100-year flood hazard area
structures, which would impede or redirect flood
flows? (9 and 10)
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
D
D
D
D
D D D
D
D D
D
D
D
D
13 Rev. 12/13/07
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Carlsbad Encina Auto Plaza
i) Expose people or structures to a significant risk
of loss, injury or death involving flooding,
including flooding as a result of the failure of a
levee or dam? (9 and 10)
j) Inundation by seiche, tsunami, or mudflow? (8, 9
and 10)
k) Increase erosion (sediment) into receiving
surface waters. (9 and 10)
1) Increase pollutant discharges (e.g., heavy metals,
pathogens, petroleum derivatives, synthetic
organics, nutrients, oxygen-demanding
substances and trash) into receiving surface
waters or other alteration of receiving surface
water quality (e.g. temperature, dissolved oxygen
or turbidity? (9 and 10)
m) Change receiving water quality (marine, fresh or
wetland waters) during or following
construction? (9 and 10)
n) Increase any pollutant to an already impaired
water body as listed on the Clean Water Act
Section 303(d) list? (9 and 10)
o) Increase impervious surfaces and associated
runoff? (9 and 10)
p) Impact aquatic, wetland, or riparian habitat? (9
and 10)
q) Result in the exceedance of applicable surface or
groundwater receiving water quality objectives or
degradation of beneficial uses? (9 and 10)
Potentially
Significant
Impact
D
n
n
n
n
n
n
n
Potentially
Significant
Unless
Mitigation
Incorporated
D
Less Than
Significant
Impact
No
Impact
n n
n n
n
n n
a) Less than Significant Impact. The subject property is required by law to comply with all federal, state and local
water quality regulations, including the Clean Water Act, California Administrative Code Title 23, and specific
basin plan objectives identified in the "Water Quality Control Plan for San Diego Basin." (WQCP) The WQCP
contains specific objectives for the Carlsbad Hydrologic Unit which includes the requirement to comply with
National Pollutant Discharge Elimination System (NPDES) and Best Management Practices (BMP's). The project
must also obtain a NPDES permit prior to construction. The permit will require the project to develop and
implement specific erosion control and BMPs to protect downstream water quality. These plans will ensure
acceptable water quality standards will be maintained both during the construction phase as well as post-
development.
b) No Impact. This project does not propose to directly draw any groundwater. The project will be served via
existing public water distribution lines adjacent to the site.
c - f) Less than Significant Impact. The Storm Water Management Plan for Carlsbad Encina AutoPlaza, dated
February 6, 2008 and The TM Drainage Study for Carlsbad Encinas Auto Plaza, Dated February 6, 2008, indicate
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Carlsbad Encina Auto Plaza
that the proposed design does not adversely affect surrounding properties and the storm drain system adequately
drains the proposed project in a 100-year storm event. Construction of the proposed project improvements is
required by law to comply with all federal, state and local water quality regulations, including the Clean Water Act
and associated NPDES regulations and temporary impacts associated with the construction operation will be
mitigated. The project will not result in permanent or long term degradation of water quality as a result of the
proposed pollution control program.
g - i) No Impact. The project site is not located within a 100-year flood hazard area according to the Flood
Insurance Rate Map. Therefore, the proposed project will not result in the placement of housing or structures and
within a 100-year flood hazard area. According to the City of Carlsbad Geotechnical Hazards Analysis and
Mapping Study, November 1992, the site is not located within any dam failure inundation area.
j) No Impact. The project site is located approximately 1000 feet east of the Pacific Ocean with a minimum
elevation at the site of approximately 60 feet MSL. Therefore, there is no potential of a tsunami or seiche
inundating the site.
k) Less than Significant Impact. The construction phase of the project could result in increased erosion.
However, as a result of the NPDES permit requirements associated with the proposed project, no significant increase
in erosion (sediment) into receiving surface waters will result from the project. Urban runoff from the proposed
development will be channeled into the appropriate storm drain receptors as indicated in the project's The TM
Drainage Study for Carlsbad Encina Auto Plaza, Dated February 6, 2008. The greatest potential for short-term
water quality impacts to the drainage basin would be expected during and immediately following the grading and
construction phases of the project, when cleared and graded areas are exposed to rain and storm water runoff.
Standard conditions require compliance with NPDES sediment control requirements during the construction phase
and implementation of the grading construction BMP's for the project.
1 - n) Less than Significant Impact. The Storm Water Management Plan for Carlsbad Encina Auto Plaza and The
TM Drainage Study for Carlsbad Encina Auto Plaza, indicate that Standard Storm Water Permanent BMPs will be
incorporated into the project design to address water quality for the project. Pollutants of concern will be addressed
through four different BMPs: Site Design BMPs, Source Control BMPs, BMPs for Individual Priority Project
Categories (Encinas Auto Plaza), and Treatment Control BMPs. Site Design BMPs will control post development
peak storm runoff discharge rates and velocities to maintain or reduce pre-development downstream erosion and
Source Control BMPs will consist of measures to prevent polluted runoff. BMPs will include permeable pavements,
grassy landscape swales, StormTech Isolator Row units, CDS Units, and covered trash enclosures. As a result of
these project design features, there will be less than significant impact to water quality, site erosion, and pollutant
discharge, and no receiving water quality will be adversely affected through implementation of the proposed project.
o) Less than Significant Impact. The site has been designed to not increase post-development runoff
characteristics (existing: 21.7 cfs (100 yr); proposed 21.7 cfs (100 yr)).
p) Less than Significant Impact. The project's runoff will be released into a grassy swale or other acceptable
Treatment Control BMP where it will be filtered and released into the public storm drain. As a result of these
project design features, runoff from the site will not adversely impact aquatic, wetland or riparian habitat.
q) No Impact. The Geotechnical Investigation indicates that a perched groundwater table was encountered at
approximately 40 feet MSL (20 feet below surface). Groundwater and/or seepage-related problems are not
expected. Surface drainage should be directed into properly designed drainage structures and away from pavement
edges, building pads, and other moisture-sensitive improvements. The project will not result in the exceedence of
applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses.
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Carlsbad Encina Auto Plaza
IX. LANDUSE AND PLANNING - Would the project:
a) Physically divide an established community?
b)
c)
Conflict with any applicable land use plan,
policy, or regulation of an agency with
jurisdiction over the project (including but not
limited to the general plan, specific plan, local
coastal program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating an
environmental effect?
Conflict with any
conservation plan or
conservation plan?
applicable habitat
natural community
Potentially
Significant
Impact
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
Less Than
Significant No
Impact Impact
D E
a and b) No Impact. The development of the site will not divide any existing communities as the site is located
adjacent to a sewer treatment facility and is adjacent to interstate 5. The project does propose a Land Use and Zone
Change from Planned Industrial/Office to Regional Commercial and Public Utility. The site's original Land Use
designation would have allowed industrial development or professional office development. The development of
the site as a Regional Commercial use would have similar development impacts as the proposed project and will
comply with all Land Use Plans, Policies, and Resolutions adopted to avoid or mitigate environmental impacts.
c) No Impact. The site is identified in the City's adopted Habitat Management Plan as "developed land."
X. MINERAL RESOURCES - Would the project:
a) Result in the loss of availability of a known
mineral resource that would be of future value
to the region and the residents of the State?
b) Result in the loss of availability of a locally
important mineral resource recovery site
delineated on a local general plan, specific plan,
or other land use plan?
Potentially
Significant
Impact
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
D
Less Than
Significant No
Impact Impact
D
a) No Impact. The site is not identified in the Geotechnical Hazards Analysis Mapping Study as having a
mineral resource of value to the region or residents of the State.
b) No Impact. The project site is located in an area that may contain soil material that is suitable for
beach sand replenishment as defined in the Carlsbad Opportunistic Beach Fill Program (COBFP) adopted
by the Planning Commission on May 17, 2006 (SUP 04-13). The development of the site which has the
potential to produce sand material is not identified as an impact, but as an opportunity for the City to
replenish lost beach sand from the natural erosion processes. Prior to the issuance of a grading permit, and
as a part of the grading plan preparation, the developer shall test the soil material to be exported from the
16 Rev. 12/13/07
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Carlsbad Encina Auto Plaza
project site to determine the materials suitability for sand replenishment pursuant to the requirements of the
COBFP. If the material is deemed suitable for beach replenishment the developer is encouraged to comply
with the process outlined in the COBFP to transport and place the beach quality material on the beach site
identified in the COBFP.
XI. NOISE - Would the project result in:
a) Exposure of persons to or generation of noise
levels in excess of standards established in the
local general plan or noise ordinance or
applicable standards of other agencies? (11)
b) Exposure of persons to or generation of
excessive groundbourne vibration or
groundbourne noise levels? (11)
c) A substantial permanent increase in ambient
noise levels in the project vicinity above levels
existing without the project? (11)
d) A substantial temporary or periodic increase in
ambient noise levels in the project vicinity
above levels existing without the project? (11)
e) For a project located within an airport land use
plan or, where such a plan has not been adopted,
within 2 miles of a public airport or public use
airport, would the project expose people
residing or working in the project area to
excessive noise levels?
f) For a project within the vicinity of a private
airstrip, would the project expose people
residing or working in the project area to
excessive noise levels?
Potentially
Significant
Impact
D
D
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
D
Less Than
Significant No
Impact Impact
D
D
D
D
D D
a - 0 No Impact. The Acoustical Site Assessment Hoehn Carlsbad-Encinas Auto Plaza Carlsbad found that
projected noise levels at the project boundary will range from 52 to 62 dBA Ldn, which would comply with the
City's Noise Guidelines.
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Carlsbad Encina Auto Plaza
XII. POPULATION AND HOUSING - Would the
project:
a) Induce substantial growth in an area either
directly (for example, by proposing new homes
and businesses) or indirectly (for example,
through extension of roads or other
infrastructure)?
b) Displace substantial numbers of existing
housing, necessitating the construction of
replacement housing elsewhere?
c) Displace substantial numbers of people,
necessitating the construction of replacement
housing elsewhere?
Potentially
Significant
Impact
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
Less Than
Significant No
Impact Impact
D
D
D
a - c) No Impact. The project is a regional commercial service use and will not promote substantial growth.
There are no existing homes or persons to be displaced.
XIII. PUBLIC SERVICES
a) Would the project result in substantial adverse
physical impacts associated with the provision
of new or physically altered government
facilities, a need for new or physically altered
government facilities, the construction of which
could cause significant environmental impacts,
in order to maintain acceptable service ratios,
response times, or other performance objectives
for any of the public services:
i) Fire protection?
ii) Police protection?
iii) Schools?
iv) Parks?
v) Other public facilities?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
D D
D
D
D
D
a) No Impact. The City's General Plan and Growth Management Program anticipated the site to be
developed with Industrial or Professional office buildings. The proposed Land Use change to commercial auto sales
18 Rev. 12/13/07
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Carlsbad Encina Auto Plaza
development will reduce the facilities demand. Existing facilities are adequate to accommodate the proposed
commercial use.
XIV. RECREATION
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial
physical deterioration of the facility would
occur or be accelerated?
b) Does the project include recreational facilities
or require the construction or expansion of
recreational facilities, which might have an
adverse physical effect on the environment?
Potentially
Significant
Impact
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
a and b) No Impact. The project does not generate a demand for use of neighborhood or regional parks. No
recreation facilities are included or required to be constructed as part of the project.
XV. TRANSPORTATION/TRAFFIC - Would the
project:
a) Cause an increase in traffic, which is substantial
in relation to the existing traffic load and
capacity of the street system (i.e., result in a
substantial increase in either the number of
vehicle trips, the volume to capacity ratio on
roads, or congestion at intersections)?
b) Exceed, either individually or cumulatively, a
level of service standard established by the
county congestion management agency for
designated roads or highways?
c) Result in a change in air traffic patterns,
including either an increase in traffic levels or a
change in location that results in substantial
safety risks?
d) Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
e) Result in inadequate emergency access?
f) Result in insufficient parking capacity?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
D D
D
D
D
D
D
D
D
D
D
D
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Carlsbad Encina Auto Plaza
g) Conflict with adopted policies, plans, or
programs supporting alternative transportation
(e.g., bus turn-outs, bicycle racks)?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Potentially Significant Impact Unless Mitigation Incorporated. A traffic impact analysis was prepared for
the Hoehn Carlsbad - Encinas Auto Plaza project by Iteris, dated February 2007. The project will generate 10,376
Average Daily Trips (ADT) and 544 AM and 830 PM peak hour trips. This traffic will utilize the following
roadways: Palomar Airport Rd., Avenida Encinas, Poinsettia Ln and Paseo Del Norte. Existing traffic, peak hour
level, design capacity(ies), project traffic, and percent of" the existing traffic volume and the design capacity
respectively on these arterials are shown in the table below.
Roadway
Palomar Airport Rd
Avenida Encinas
Poinsettia Ln
Paseo Del Norte
Existing volume
60,000 vehicles
8,700
37,000
15,500
Capacity
60,000
40,000
40,000
20,000
Project volume
(ADT)
3,806
5,764
4,459
544
% of existing/% of
Capacity
6.34/6.34
66 / 6.34
12/11
3.6/2.7
The project had significant impacts at some of the analyzed intersections, but no impact along any of the analyzed
street segments. The intersections where significant project related impacts are expected include: Avenida Encinas
and Palomar Airport Rd and Avenida Encinas and Poinsettia Lane. The project's impact can be mitigated by
installing additional turn lanes, modified traffic signal phasing and/or striping. To mitigate the project's projected
traffic impacts, the following measures are required:
At Avenida Encinas and Palomar Airport Rd, install northbound right-turn overlap traffic signal phasing and
Traffic Impact Fee contributions.
Avenida Encinas and Poinsettia Lane, restripe the southbound approach to provide a second left-turn lane
and 350 feet of turning vehicles lane storage and modify traffic signal.
Avenida Encinas and Project Driveway/Coaster Station, Install traffic signal, develop the full General Plan
Circulation Element roadway cross-section including north and southbound left turn lanes with up to 250 feet of left-
turning vehicle storage, and one inbound and two outbound right turn lanes only up 250 feet in length on the
driveway approach.
b) Less Than Significant Impact. SANDAG acting as the County Congestion Management Agency has
designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and one highway segment
in Carlsbad as part of the regional circulation system. The existing LOS on these designated roads and highway in
Carlsbad is:
Rancho Santa Fe Road
El Camino Real
Palomar Airport Road
SR78
LOS
"A-D"
"A-D"
"A-D"
The Congestion Management Program's (CMP) acceptable Level of Service (LOS) standard is "E", or LOS "F" if
that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS "F" in 1990). Accordingly, all designated
roads and highway 78 is currently operating at or better than the acceptable standard LOS.
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Carlsbad Encina Auto Plaza
Achievement of the CMP acceptable Level of Service (LOS) "E" standard assumes implementation of the adopted
CMP strategies. Based on the design capacity(ies) of the designated roads and highway and implementation of the
CMP strategies, they will function at acceptable level(s) of service in the short-term and at buildout.
c) No Impact. The proposed project does not include any aviation components. The project is consistent with the
Comprehensive Land Use Plan for the McClellan-Palomar Airport. It would not, therefore, result in a change of air
traffic patterns or result in substantial safety risks. No impact assessed.
d) No Impact. All project circulation improvements will be designed and constructed to City standards; and,
therefore, would not result in design hazards. The proposed project is consistent with the City's general plan and
zoning. Therefore, it would not increase hazards due to an incompatible use. No impact assessed.
e) No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and
Police Departments. No impact assessed.
f) No Impact. The proposed project is not requesting a parking variance. Additionally, the project would comply
with the City's parking requirements to ensure an adequate parking supply. No impact assessed.
g) No Impact. The site is across the street from the NCTD Poinsettia Commuter Rail Station and is served by Bus
Route 321.
XVI. UTILITIES AND SERVICES SYSTEMS - Would
the project:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control
Board?
b) Require or result in the construction of new water
or wastewater treatment facilities or expansion of
existing facilities, the construction of which
would cause significant environmental effects?
c) Require or result in the construction of new storm
water drainage facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
d) Have sufficient water supplies available to serve
the project from existing entitlements and
resources, or are new or expanded entitlements
needed
e) Result in a determination by the wastewater
treatment provider, which serves or may serve
the project that it has adequate capacity to serve
the project's projected demand in addition to the
provider's existing commitments
f) Be served by a landfill with sufficient permitted
capacity to accommodate the project's solid
waste disposal needs?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
D
Less Than
Significant No
Impact Impact
D
D
n
D
n
n
n
n
n
n
n
21 Rev. 12/13/07
GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03
Carlsbad Encina Auto Plaza
g) Comply with federal, state, and local statutes and
regulations related to solid waste?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
D
Less Than
Significant
Impact
No
Impact
a - g) No Impact. The City's General Plan and Growth Management Program anticipated the site to be developed
with Industrial or Professional office buildings. The proposed land use change to commercial auto sales
development will reduce the facilities demand. Existing facilities are adequate to accommodate the proposed use.
Existing landfills have adequate capacity to accept the solid waste generated from the project, which is not
determined to be a significant contributor to the waste flow.
Potentially
Significant
Impact
D
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
n nXVII. MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce
the habitat of a fish or wildlife species, cause a
fish or wildlife population to drop below self-
sustaining levels, threaten to eliminate a plant or
animal community, reduce the number or restrict
the range of a rare or endangered plant or animal
or eliminate important examples of the major
periods of California history or prehistory?
b) Does the project have impacts that are CD CD CD S3
individually limited, but cumulatively
considerable? ("Cumulatively considerable"
means that the incremental effects of a project are
considerable when viewed in connection with the
effects of past projects, the effects of other
current projects, and the effects of probable
future projects?)
c) Does the project have environmental effects, CD CD K CD
which will cause the substantial adverse effects
on human beings, either directly or indirectly?
a) Potentially Significant Unless Mitigation Incorporated. The project does not have the potential to
degrade the environment as the site is void of any significant natural resources. The site has the potential to
contain subsurface cultural resources. A mitigation program which involves review of the grading plans,
attendance of a archaeologist and Native American monitor at grading meetings and during the grading
operation with the authority to direct grading operations to salvage resources, and curation of the resources
will mitigate the impacts to a less than significant level.
b) No Impact. San Diego Association of Governments (SANDAG) projects regional growth for the greater
San Diego area and local general plan land use policies are incorporated into SANDAG projections. Based
upon those projections, region-wide standards, including storm water quality control, air quality standards,
habitat conservation, congestion management standards, etc., are established to reduce the cumulative
impacts of development in the region. All of the City's development standards and regulations are
22 Rev. 12/13/07
GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03
Carlsbad Encina Auto Plaza
consistent with the region wide standards. The City's standards and regulations, including grading
standards, water quality and drainage standards, traffic standards, habitat and cultural resource protection
regulations, and public facility standards, ensure that development within the City will not result in a
significant cumulatively considerable impact.
There are two regional issues that development within the City of Carlsbad has the potential to have a
cumulatively considerable impact on. Those issues are air quality and regional circulation. As described
above, the project would contribute to a cumulatively considerable potential net increase in emissions
throughout the air basin. As described above, air quality would be essentially the same whether or not the
development is implemented.
The County Congestion Management Agency (CMA) has designated three roads (Rancho Santa Fe Rd., El
Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the regional
circulation system. The CMA had determined, based on the City's growth projections in the General Plan,
that these designated roadways will function at acceptable levels of service in the short-term and at build-
out. The project is consistent with the City's growth projections, and therefore, the cumulative impacts
from the project to the regional circulation system are less than significant.
With regard to any other potential impacts associated with the project, City standards and regulations will
ensure that development of the site will not result in any significant cumulatively considerable impacts.
c) Less than Significant Impact - Based upon the fact that future development of the site will
comply with all City standards, the project will not result in any direct or indirect substantial adverse
environmental effects on human beings. However, the project site is located in an area where human beings
are exposed to potentially significant levels of vehicular traffic and light generated by project. As discussed
above, any potential impacts from traffic and light can be mitigated to a level less than significant. Those
mitigation measures will be incorporated as conditions of project approval. Development of the site and
structures will be required to comply with all applicable Federal, State, Regional and City regulations,
which will ensure that development of the site will not result in adverse impacts on human beings, either
directly or indirectly.
XVIII. EARLIER ANALYSES
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or
more effects have been adequately analyzed in an earlier EIR or negative declaration. Section
15063(c)(3)(D). In this case a discussion should identify the following on attached sheets:
a) Earlier analyses used. Identify earlier analyses and state where they are available for review.
b) Impacts adequately addressed. Identify which effects from the above checklist were within the
scope of and adequately analyzed in an earlier document pursuant to applicable legal standards,
and state whether such effects were addressed by mitigation measures based on the earlier
analysis.
c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated,"
describe the mitigation measures, which were incorporated or refined from the earlier document
and the extent to which they address site-specific conditions for the project.
23 Rev. 12/13/07
GPA 07-01 /ZC 07-01 /LCPA 07-01 /SP 07-01 /SDP 07-01 /CDP 07-03
Carlsbad Encina Auto Plaza
EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES
The following documents were used in the analysis of this project and are on file in the City of Carlsbad
Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008.
1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR
93-01). City of Carlsbad Planning Department. March 1994.
2. Carlsbad General Plan, City of Carlsbad Planning Department, dated March 1994.
3. City of Carlsbad Municipal Code, Title 21 Zoning, City of Carlsbad Planning Department, as
updated.
4. Habitat Management Plan for Natural Communities in the City of Carlsbad, City of Carlsbad
Planning Department, final approval dated November 2004.
5. An Agricultural Feasibility Analysis of the Lush and Bankers Trust Properties in Carlsbad,
_ California, CIC Research, Inc. October 7, 1985. Update Letter dated June 27, 1995.
6. Carlsbad Encinas Auto Plaza - Biological Constraints Letter Report, Jack Henthorn and
Associates, October 19, 2006.
7. Archaeological Resources Survey, Hoehn Carlsbad-Encinas Auto Plaza Carlsbad, San Diego,
California, Affinis, December 2006.
8. Geotechnical Investigation, Hoehn Mercedes-Benz Dealership, Carlsbad, California, Geocon
Inc, January 5, 2006.
9. TMDrainage for Carlsbad Encinas Auto Plaza, Hunsaker and Associates, April 2, 2008.
10. Storm Water Management Plan for Carlsbad Encinas Auto Plaza, Hunsaker and Associates,
April 2, 2008.
11. Outdoor Lighting Compliance Survey, Hoehn Carlsbad-Encina Auto Plaza, Carlsabd, CA,
Investigative Science and Engineering, Inc., December 20, 2007 (Revised).
12. Acoustical Site Assessment Hoehn Carlsbad-Encinas Auto Plaza Carlsbad, CA, Investigative
Science and Engineering, Inc., December 19, 2007 (Revised).
13. Traffic Impact Analysis, Hoehn Carlsbad - Encinas Auto Plaza, Iteris, February 2007 (Revised
January, 2008)
24 Rev. 12/13/07
GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03
Carlsbad Encina Auto Plaza
LIST OF MITIGATING MEASURES (IF APPLICABLE)
1. All lighting shall be shielded so that it does not spill onto adjacent properties and the project is
conditioned to use only Low Pressure Sodium lights with onsite lighting levels not to exceed 50 foot-
candles from the hours of 10:00 P.M. and 6:00 A.M.
2. The project shall pay the agricultural conversion fee on a net converted acre of land.
3. A mitigation program shall be developed consistent with the City's Cultural Resources Guidelines
and the Archaeological Resources Survey prepared for the project prior to grading permit issuance.
4. To mitigate the project's projected traffic impacts, the following measures are required:
a. At Avenida Encinas and Palomar Airport Rd, install northbound right-turn overlap traffic signal
phasing and Traffic Impact Fee contributions.
b. Avenida Encinas and Poinsettia Lane, restripe the southbound approach to provide a second left-
turn lane and 350 feet of turning vehicles lane storage and modify traffic signal.
c. Avenida Encinas and Project Driveway/Coaster Station, Install traffic signal, develop the full
General Plan Circulation Element roadway cross-section including north and southbound left turn
lanes with up to 250 feet of left-turning vehicle storage, and one inbound and two outbound right
turn lanes only up 250 feet in length on the driveway approach.
d. Other mitigation as outlined in the Traffic Impact Analysis, Hoehn Carlsbad - Encinas Auto
Plaza, Iteris, February 2007 (Revised January, 2008).
5. The following paleontological mitigation measures shall be implemented;
a. Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover
survey of the site and to review the grading plans to determine if the proposed grading will impact
fossil resources.
b. A copy of the paleontologist's report shall be provided to the Planning Director prior to issuance
of a grading permit.
c. A qualified paleontologist shall be retained to perform periodic inspections of the site and to
salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic
strata, it may be necessary to collect matrix samples for laboratory processing through fine
screens.
d. The paleontologist shall make periodic reports to the Planning Director during the grading process
and provide a final report with findings upon completion of site grading.
e. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in
order to facilitate evaluation and, if necessary, salvage artifacts.
f. All fossils collected may be donated to a public, non-profit institution with a research interest in
the materials, such as the San Diego Natural History Museum.
g. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be
resolved by the Planning Director and City Engineer.
25 Rev. 12/13/07
GPA 07-01 /ZC 07-01 /LCPA 07-01 /SP 07-01 /SDP 07-01 /CDP 07-03
Carlsbad Encinas Auto Plaza
APPLICANT CONCURRENCE WITH MITIGATION MEASURES
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND
CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
Date
26 Rev. 12/13/07
Page 1 of 2
PROJECT NAME: Carlsbad Encina Auto Plaza FILE NUMBERS: GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-
01/SDP07-01/CDP 07-03
APPROVAL DATE: April 24. 2008
The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate
identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that
this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly
Bill 3180 (Public Resources Code Section 21081.6).
Mitigation Measure
Prior to the issuance of a grading permit, a mitigation program shall
be developed consistent with the City's Cultural Resources Guidelines
and the Archaeological Resources Survey prepared for the project.
Project shall attenuate lighting to prevent light impacts to
adjacent properties, including use of only Low Pressure Sodium
lights with onsite lighting levels not to exceed 50 foot-candles
shall be allowed from the hours of 10:00 P.M. and 6:00 A.M.
The project shall pay the agricultural conversion fee on a net
converted acre of land.
The project had significant impacts at some of the analyzed
intersections, but no impact along any of the analyzed street
segments. The intersections where significant project related
impacts are expected include: Avenida Encinas and Palomar
Airport Rd and Avenida Encinas and Poinsettia Lane. The
project's impact can be mitigated by installing additional turn
lanes, modified traffic signal phasing and/or striping. To mitigate
the project's projected impacts, the following measures are
required:
At Avenida Encinas and Palomar Airport Rd, install
northbound right-turn overlap traffic signal phasing and Traffic
Impact Fee contributions.
Avenida Encinas and Poinsettia Lane, restripe the
southbound approach to provide a second left-turn lane and 350
feet of turning vehicles lane storage and modify traffic signal.
Monitoring
Type
Project
Project
Project
Project
Monitoring
Department
Planning
Planning
Planning
Engineering
Shown on
Plans
No
Yes
No
Yes/No
Verified
Implementation Remarks
Explanation of Headings:
Type = Project, ongoing, cumulative.
Monitoring Dept. = Department, or Agency, responsible for monitoring a particular
mitigation measure.
information.
Shown on Plans = When mitigation measure is shown on plans, this column will be
initialed and dated.
Verified Implementation = When mitigation measure has been implemented,
this column will be initialed and dated.
Remarks = Area for describing status of ongoing mitigation measure, or for other
RD'-Appendix P.
Page 2 of 2
Mitigation Measure Monitoring
Type
Monitoring
Department
Shown on
Plans
Verified
Implementation Remarks
Avenida Encinas and Project Driveway/Coaster Station, Install
traffic signal, develop the full General Plan Circulation Element
roadway cross-section including north and southbound left turn
lanes with up to 250 feet of left-turning vehicle storage, and one
inbound and two outbound right turn lane only up to 250 feet in
length on the driveway approach.
The following
implemented;
paleontological mitigation measures shall be
a. Prior to any grading of the project site, a paleontologist
shall be retained to perform a walkover survey of the site
and to review the grading plans to determine if the
proposed grading will impact fossil resources.
b. A copy of the paleontologist's report shall be provided to
the Planning Director prior to issuance of a grading
permit.
c. A qualified paleontologist shall be retained to perform
periodic inspections of the site and to salvage exposed
fossils. Due to the small nature of some of the fossils
present in the geologic strata, it may be necessary to
collect matrix samples for laboratory processing through
fine screens.
d. The paleontologist shall make periodic reports to the
Planning Director during the grading process.
e. The paleontologist shall be allowed to divert or direct
grading in the area of an exposed fossil in order to
facilitate evaluation and, if necessary, salvage artifacts.
f. All fossils collected may be donated to a public, non-
profit institution with a research interest in the materials,
such as the San Diego Natural History Museum.
g. Any conflicts regarding the role of the paleontologist and
the grading activities of the project shall be resolved by
the Planning Director and City Engineer.
Project Planning No
Explanation of Headings:
Type = Project, ongoing, cumulative.
Monitoring Dept. = Department, or Agency, responsible for monitoring a particular
mitigation measure.
information.
Shown on Plans = When mitigation measure is shown on plans, this column will be
initialed and dated.
Verified Implementation = When mitigation measure has been implemented,
this column will be initialed and dated.
Remarks = Area for describing status of ongoing mitigation measure, or for other
RD - Appendix P.
1 PLANNING COMMISSION RESOLUTION NO. 6444
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE LAND USE
4 ELEMENT OF THE GENERAL PLAN FROM PLANNED
INDUSTRIAL/OFFICE TO REGIONAL COMMERCIAL AND
PUBLIC UTILITIES ON A 28.3-ACRE PARCEL GENERALLY
6 LOCATED ON THE EAST SIDE OF AVENIDA ENCINAS
BETWEEN PALOMAR AIRPORT ROAD AND POINSETTIA
7 LANE IN LOCAL FACILITIES MANAGEMENT ZONE 22.
CASE NAME: CARLSBAD ENCINA AUTO PLAZA
8 CASE NO.: GPA 07-01
9 WHEREAS, Hoehn Avenida Encinas, LLC, "Developer," has filed a verified
10
application with the City of Carlsbad regarding property owned by The Encina Wastewater
11
Authority, a California public agency, "Owner," described as
13 That portion of Section 20, Township 12 South, Range 4 west,
San Bernardino Base and Meridian, according to official Plat
14 thereof and that portion of La Costa Downs Unit No. 1,
according to Map thereof No. 2013, filed in the Office of the
15 County Recorder of San Diego County, April 26,1927.
("the Property"); and
17
WHEREAS, said verified application constitutes a request for a General Plan
18
Amendment as shown on Exhibit(s) "GPA 07-01" dated September 3, 2008, attached hereto
20 and on file in the Carlsbad Planning Department, CARLSBAD ENCINA AUTO PLAZA -
21 GPA 07-01, as provided in Government Code Section 65350 et. seq. and Section 21.52.150 of
22 the Carlsbad Municipal Code; and
23 WHEREAS, the Planning Commission did, on September 3, 2008, hold a duly
24
noticed public hearing as prescribed by law to consider said request;
25
WHEREAS, at said public hearing, upon hearing and considering all testimony26
27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
28 relating to the General Plan Amendment.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 Commission of the City of Carlsbad, as follows:
3
A) That the above recitations are true and correct.
4
- B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of CARLSBAD ENCINA AUTO PLAZA -
6 GPA 07-01, based on the following findings:
7 Findings:
1. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan based on the facts set forth in
the staff report dated September 3, 2008 including, but not limited to the following:
10 Land Use: The proposed amendment to change the Land Use designation of a
11 25.08-acre site from Planned Industrial/Office (PI/O) to Regional Commercial
(R) is for the purpose of developing an automotive sales facility. The proposed
12 Regional Commercial designation would be compatible with the adjacent
Planned Industrial/Office and Public Utilities land use designated properties.
Land Use: The proposed amendment to change the Land Use designation of a
3.22-acre site from Planned Industrial/Office (PI/O) to Public Utilities (U)
15 would be compatible with adjacent Public Utilities and proposed Regional
Commercial Land Use designated properties.
16
Circulation: The change of Land Use to Regional Commercial and Public
Utilities does not significantly increase the projected traffic generation.
Improvements to intersections and roadways are proposed which will reduce
the impacts of the project. The existing Avenida Encinas, Poinsettia Lane and
19 Palomar Airport Road roadways are adequate to handle the traffic generated
by the proposed commercial use.
20
Circulation: That the proposed street vacations for La Costa Blvd., La Loma
Blvd., Maricopa Blvd., Alamo Rd., Capistrano Rd., Ramona Rd., Lomita Rd.,
22 Montecito Rd., and La Jolla Rd. are consistent with the General Plan in that:
the roadways do not provide access to any other parcels; the roadways are not
23 identified in the Circulation Element; and the street vacations will not disrupt
the local traffic patterns as the streets do not exist.
24
2. The Planning Commission of the City of Carlsbad does hereby find:
it has reviewed, analyzed, and considered Mitigated Negative Declaration Carlsbad
Encina Auto Plaza, the environmental impacts therein identified for this project
27 and said comments thereon, and the Program, on file in the Planning Department,
prior to RECOMMENDING ADOPTION of the project; and
28
b. the Mitigated Negative Declaration and the Program have been prepared in
accordance with requirements of the • California Environmental Quality Act, the
PC RESO NO. 6444 -2-
State Guidelines and the Environmental Protection Procedures of the City of
2 Carlsbad; and
3 c. they reflect the independent judgment of the Planning Commission of the City of
Carlsbad; and
4
<. d. based on the EIA Part II and comments thereon, the Planning Commission, finds
that there is no substantial evidence the project will have a significant effect on the
5 environment.
7 3. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
10 Conditions:
11
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
12 implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
3
f revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
15 property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
16 or a successor in interest by the City's approval of this General Plan Amendment.
17 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
lg and modifications to the General Plan Amendment documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
19 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
20
~, 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
22
4. If any condition for construction of any public improvements or facilities, or the payment
23 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code
Section 66020. If any such condition is determined to be invalid this approval shall be
25 invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
26
5. . Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
27 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this General Plan Amendment,
(b) City's approval or issuance of any permit or action, whether discretionary or non-
PC RESO NO. 6444 -3.
discretionary, in connection with the use contemplated herein, and (c)
2 Developer/Operator's installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
3 facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
This approval is granted subject to the adoption of the Mitigated Negative Declaration
6 and approval of ZC 07-01, LCPA 07-01, SP 07-01, PDF 01(1), SDP 07-01, and CDP
07-03 and is subject to all conditions contained in Planning Commission Resolutions No.
7 6445, 6446, 6447, 6448, 6449, 6450, and 6451 and the administrative approval and
conditions of approval of MS 07-09 and PUD 08-03 for those other approvals.
9 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
10 Commission of the City of Carlsbad, California, held on September 3, 2008, by the following
vote, to wit:
12 AYES:
13
NOES:
14
ABSENT:
15
,, ABSTAIN:lo
17
18
19 FRANK H. WHITTON, Chairperson
20 CARLSBAD PLANNING COMMISSION
21
ATTEST:
22 "
23
24
DON NEU
25 Planning Director
26
27
28
PC RESO NO. 6444 -4-
GPA 07-01
EXHIBIT "GPA 07-01"
9/3/2008
Carlsbad Encina Auto Plaza
EXISTING
PROPOSED
Related Case File No(s): GPA 07-01 / ZC 07-01 / LCPA 07-01 / SP 07-01 / POP 01 (1) / SDP 07-01 / (.OP 07-03
General Plan Map Designation Changes
Property
A.
B.
C.
D.
E.
F.
G.
214-010-96
214-031-03,09, 10, 11 4 13
214-034-02
214-035-01
214-036-01
214-051-02
214-052-02
From:
PI/O
PI/O
PI/O
PI/O
PI/O
PI/O
PI/O
To:
U
R
R
R
R
R/U
R/U
Property
H.
I.
J.
K.
L.
M.
N.
214-053-02
214-054-04
214-061-21
214-062-21
214-063-21
214-064-21
214-065-21
From
PI/O
PI/O
PI/0
PI/O
PI/O
PI/O
PI/O
To:
R/U
R
R
R
R
R
R
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLANNING COMMISSION RESOLUTION NO. 6446
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM PLANNED
INDUSTRIAL/OFFICE TO PUBLIC UTILITY AND GENERAL
COMMERCIAL ON A 28.3-ACRE PARCEL GENERALLY
LOCATED ON THE EAST SIDE OF AVENIDA ENCINAS
BETWEEN PALOMAR AIRPORT ROAD AND POINSETTIA
LANE IN LOCAL FACILITIES MANAGEMENT ZONE 22.
CASE NAME: CARLSBAD ENCINA AUTO PLAZA
CASE NO: ZC 07-01
WHEREAS, Hoehn Avenida Encinas LLC, "Developer," has filed a verified
application with the City of Carlsbad regarding property owned by Encina Wastewater
Authority, a California public agency, "Owner," described as
That portion of Section 20, Township 12 South, Range 4 west,
San Bernardino Base and Meridian, according to official Plat
thereof and that portion of La Costa Downs Unit No. 1,
according to Map thereof No. 2013, filed in the Office of the
County Recorder of San Diego County, April 26,1927.
("the Property"); and
WHEREAS, said application constitutes a request for a Zone Change as shown on
Exhibit(s) "ZC 07-01" dated September 3, 2008, attached hereto and on file in the Planning
Department, CARLSBAD ENCINAS AUTO PLAZA - ZC 07-01, as provided by Chapter
21.52 of the Carlsbad Municipal Code; and
WHEREAS, the proposed Zone Change (ZC 07-01) is set forth in draft City
Council Ordinance, Exhibit "X", dated September 3, 2008 and attached hereto as CARLSBAD
ENCINA AUTO PLAZA: and
WHEREAS, the Planning Commission did, on September 3, 2008 , hold a duly
noticed public hearing as prescribed b) law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Zone Change.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 Commission as follows:
3
A) That the foregoing recitations are true and correct.4
,. B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of CARLSBAD ENCINAS AUTO PLAZA -
5 ZC 07-01 based on the following findings and subject to the following
conditions:
7
Findings:8
1. That the proposed Zone Change from Planned Industrial/Office to Public Utility and
General Commercial is consistent with the goals and policies of the various elements of
10 the General Plan, in that the Public Utility zone will allow for the development of
public facilities to preserve the quality of life for residents, maintain waste disposal
and reclamation systems for the projected population, and responsibly deal with the
disposal of liquid waste water. The General Commercial zoning is consistent with
the Land Use Element in that it will support and enhance the economic viability of
13 the community, will be compatible with the adjacent Utility and Commercial land
uses, and is located along a Circulation Element roadway and adjacent to the
14 Interstate 5 corridor.
That the Zone Change will provide consistency between the General Plan and Zoning as
mandated by California State law and the City of Carlsbad General Plan Land Use
Element, in that' the Public Utility Zoning designation implements the Public Utilities
17 General Plan Land Use designation and the General Commercial Zoning
implements the Regional Commercial Land Use designation.
18
. That the Zone Change is consistent with the public convenience, necessity, and general
welfare, and is consistent with sound planning principles in that the proposed location is
20 necessary and desirable to provide quality commercial development to serve the
employment, shopping, and service needs of the community, which will contribute to
21 the economic development of the community. The proposed uses will not be
detrimental to the health, safety, or welfare of persons working or living in the
22 vicinity, or injurious to property or improvements in the vicinity in that adequate
,., separation of uses is proposed. The site is located along Avenida Encinas, a
Circulation Element roadway, and has adequate capacity to serve the site. The
24 Public Utility zone will allow for the continued use of the property for reclaimed
water treatment facilities to provide a necessary public use (reclaimed water
25 treatment).
4. The Planning Commission of the City of Carlsbad does hereby find:
27 it has reviewed, analyzed, and considered Mitigated Negative Declaration Carlsbad
28 Encina Auto Plaza, the environmental impacts therein identified for this project
and said comments thereon, and the Program, on file in the Planning Department,
prior to RECOMMENDING ADOPTION of the project; and
PC RESO NO. 6446 -2-
b. the Mitigated Negative Declaration and the Program have been prepared in
2 accordance with requirements of the California Environmental Quality Act, the
State Guidelines and the Environmental Protection Procedures of the City of
3 Carlsbad; and
c. they reflect the independent judgment of the Planning Commission of the City of
<- Carlsbad; and
5 d. based on the EIA Part II and comments thereon, the Planning Commission, finds
that there is no substantial evidence the project will have a significant effect on the
7 environment.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
10 degree of the exaction is in rough proportionality to the impact caused by the project.
11 Conditions:
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
,T implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
14 revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
15 issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
1 -7 or a successor in interest by the City's approval of this Zone Change.
18 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Zone Change documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall
occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
21
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
22 regulations in effect at the time of building permit issuance.
73 4. If any condition for construction of any public improvements or facilities, or the payment
24 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code
25 Section 66020. If any such condition is determined to be invalid, this approval shall be
invalid unless the City Council determines that the project without the condition complies
26 with all requirements of law.
27 Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
23 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
PC RESO NO. 6446 -3-
or indirectly, from (a) City's approval and issuance of this Zone Change, (b) City's
2 approval or issuance of any permit or action, whether discretionary or nondiscretionary,
in connection with the use contemplated herein, and (c) Developer/Operator's installation
3 and operation of the facility permitted hereby, including without limitation, any and all
liabilities arising from the emission by the facility of electromagnetic fields or other
energy waves or emissions. This obligation survives until all legal proceedings have
<. been concluded and continues even if the City's approval is not validated.
5 6. This approval is granted subject to the adoption of the Mitigated Negative Declaration
and approval of GPA 07-01, LCPA 07-01, SP 07-01, POP 01(1), SDP 07-01, and CDP
7 07-03 and is subject to all conditions contained in Planning Commission Resolutions No.
6445, 6444, 6447, 6448, 6449, 6450, and 6451 and the administrative approval and
conditions of approval of MS 07-09 and PUD 08-03 for those other approvals.
NOTICE10
Please take NOTICE that approval of your project includes the "imposition" of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
12 "fees/exactions."
13 You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
ic processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
16 annul their imposition.
17 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
20 expired.
21
22
23
24
25
26
27
28
PC RESO NO. 6446 -4-
1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
2 Commission of the City of Carlsbad, held on September 3, 2008, by the following vote, to wit:
3
AYES:
4
NOES:
6 ABSENT:
7 ABSTAIN:
8
9
10
FRANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
12
13 ATTEST:
14
15
DON NEU
Planning Director
17 "
18
19
20
21
22
23
24
25
26
27
28
PC RESO NO. 6446 -5-
Exhibit "X"
September 3, 2008
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF
3 THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO
THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 07-01,
4 FROM PLANNED INDUSTRIAL/OFFICE TO PUBLIC UTILITY (U)
AND GENERAL COMMERCIAL (C-2) ON A 28.3-ACRE PARCEL
5 GENERALLY LOCATED ON THE EAST SIDE OF AVENIDA
ENCINAS BETWEEN PALOMAR AIRPORT ROAD AND
6 POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT
ZONE 22.
7 CASE NAME: CARLSBAD ENCINA AUTO PLAZA
CASE NOA ZC 07-01
8
The City Council of the City of Carlsbad, California, does hereby resolve as
9 follows:
10 SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the
11 zoning map, is amended as shown on the map marked Exhibit "ZC 07-01," dated September 3,
12 2008 attached hereto and made a part hereof.
13 „
SECTION II: That the findings and conditions of the Planning Commission as set
14
forth in Planning Commission Resolution No. 6446 constitute the findings and conditions of the
City Council.16
EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days17
after its adoption but not until Local Coastal Program Amendment LCPA 07-01 is approved by18
the California Coastal Commission, and the City Clerk shall certify to the adoption of this
ordinance and cause it to be published at least once in a publication of general circulation in the
City of Carlsbad within fifteen days after its adoption.
22
23
24
25
26
27
28
-1-
Exhibit "X"
September 3, 2008
1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
2 Carlsbad on the day of 2008, by the following vote, to wit:
3 AYES:
4 NOES:
5 ABSENT:
6
7
8 CLAUDE A. LEWIS, Mayor
9
ATTEST:
10
11
12 LORRAINE M. WOOD, City Clerk
13 (SEAL)
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
ZC 07-01
EXHIBIT "ZC 07-01"
9/3/2008
Carlsbad Encina Auto Plaza
p-u
HuV"
i
''~s
'•''. •
",*"f ,
r /
Rt
1 ^
'v%•''.*
•'%'
'O\
t'l, t<
'RMHP, \ Rn.M/Q
EXISTING
PROPOSED
Related Case File No(s): GPA 07-01 / ZC 07-01 / LCPA 07-01 / SP 07-01 / POP 01 (I) / SOP 07-01 / CDP 07-03
Zoning Designation Changes
Property
A.
B.
C.
D.
E.
F.
G.
214-010-96
214-031-03,09,10, 11 &13
214-034-02
214-035-01
214-036-01
214-051-02
214-052-02
From:
P-M/O
P-M/O
P-M/O
P-M/O
P-M/O
P-M/O
P-M/O
To:
P-U
C-2
C-2
C-2
C-2
C-2/P-U
C-2/P-U
Property
H.
I.
J.
K.
L.
M.
N.
214-053-02
214-054-04
214-061-21
214-062-21
214-063-21
214-064-21
214-065-21
From:
P-M/O
P-M/O
P-M/O
P-M/O
P-M/O
P-M/O
P-M/O
To:
C-2/P-U
C-2
C-2
C-2
C-2
C-2
C-2
1 PLANNING COMMISSION RESOLUTION NO. 6447
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE CARLSBAD
4 LOCAL COASTAL PROGRAM TO BRING THE
DESIGNATIONS ON THE LOCAL COASTAL PROGRAM,
5 GENERAL PLAN, AND ZONING MAP INTO
6 CONFORMANCE AND TO ADOPT SP 07-01 AS THE
IMPLEMENTING ORDINANCE OF THE LOCAL COASTAL
7 PROGRAM ON PROPERTY LOCATED ON THE EAST SIDE
OF AVENIDA ENCINAS BETWEEN PALOMAR AIRPORT
8 ROAD AND POINSETTIA LANE IN LOCAL FACILITIES
MANAGEMENT ZONE 22.
CASE NAME: CARLSBAD ENCINA AUTO PLAZA
10 CASE NO: LCPA 07-01
11 WHEREAS, California State law requires that the Local Coastal Program,
1 *?General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and
13 WHEREAS, Hoehn Avenida Encinas LLC, "Developer," has filed a verified
14
application for an amendment to the Local Coastal Program designations regarding property
15
owned by The Encina Wastewater Authority, a California public agency, "Owner,"
17 described as
18 That portion of Section 20, Township 12 South, Range 4 west,
San Bernardino Base and Meridian, according to official Plat
1" thereof and that portion of La Costa Downs Unit No. 1,
~n according to Map thereof No. 2013, filed in the Office of the
County Recorder of San Diego County, April 26,1927.
21
("the Property"); and
22
WHEREAS, said verified application constitutes a request for a Local Coastal
24 Program Amendment as shown on Exhibit(s) "LCPA 07-01" dated September 3, 2008, attached
25 hereto, as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8,
26 Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California
27 Coastal Commission Administrative Regulations; and
28
WHEREAS, the Planning Commission did on September 3, 2008, hold a duly
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
3
relating to the Local Coastal Program Amendment; and
4
- WHEREAS, State Coastal Guidelines requires a six-week public review period
for any amendment to the Local Coastal Program.
7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
o Commission of the City of Carlsbad, as follows:
9 A) That the foregoing recitations are true and correct.
10
B) At the end of the State-mandated six-week review period, starting on April 18,
2008 and ending on May 30, 2008, staff shall present to the City Council a
summary of the comments received.
13 C) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of CARLSBAD ENCINA AUTO PLAZA -
14 LCPA 07-01 based on the following findings, and subject to the following
conditions:
15
16 Findings:
17 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is
in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies
18 of the Mello II segment of the Carlsbad Local Coastal Program not being amended by
this amendment, in that no impacts to any physical features, such as scenic resources,
environmentally sensitive areas, or geologic features, will occur as none exist on the
flat and previously disturbed site. No distant or coastal views would be obstructed.
Interstate 5 does not afford any coastal views as the roadway is below the elevation
21 of the subject property.
22 2. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal
Program is required to bring it into consistency with the City's General Plan Land Use
23 Map, Zoning Map (as amended), and Mello II Implementation (the zoning map)
_. into conformance.
25 3. That the Carlsbad Encina Auto Plaza Specific Plan (SP 07-01) is the implementing
ordinance for the Local Coastal Program.
26
Conditions:
27
1. This approval is granted subject to the adoption of the Mitigated Negative Declaration
28 and approval of GPA 07-01, ZC 07-01, SP 07-01, PDF 01(1), SDP 07-01, and CDP
07-03 and is subject to all conditions contained in Planning Commission Resolutions No.
PC RESO NO. 6447 -2-
6445, 6444, 6446, 6448, 6449, 6450, and 6451 and the administrative approval and
2 conditions of approval of MS 07-09 and PUD 08-03 for those other approvals.
3
PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning
4
Commission of the City of Carlsbad, held on September 3, 2008, by the following vote, to wit:
6 AYES:
7 NOES:
8 ABSENT:
9 ABSTAIN:
10
11
12
1 3 FRANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
14"
15 ATTEST:
16
17
18 DONNEU
Planning Director
19
20
21
22
23
24
25
26
27
28
PC RESO NO. 6447 -3-
EXHIBIT "LCPA 07-01 (Land Use)"
9/3/2008
LCPA 07-01 (Land Use) Carlsbad Encina Auto Plaza
EXISTING
PROPOSED
Re ated Case File No(s): GPA 07-01 / ZC 07-01 1 LCPA 07-01 / SP 07-01 1 POP 01 (l'i / SDP 07-01 / CDP 07-03 ~
A.
B.
C.
D.
E.
F.
G
Property
214-010-96
214-031-03,09,10,11 & 13
214-034-02
214-035-01
214-036-01
214-051-02
214-052-02
LCPA Land Use Desiqnalion Changes
From:
PI/O
PI/O
PI/O
PI/O
PI/O
PI/O
PI/O
To:
U
R
R
R
RRyu
R/U
Property
H.
I.
J.
K.
L.
M.
N.
214-053-02
214-054-04
214-061-21
214-062-21
214-063-21
214-064-21
214-065-21
From:
PI/O
PI/0
PI/O
PI/0
PI/O
PI/O
PI/O
To-
R/U
R
R
R
R
R
R
EXHIBIT "LCPA 07-01 (Zoning)"
9/3/2008
LCPA 07-01 (Zoning) Carlsbad Encina Auto Plaza
EXISTING
PROPOSED
Re ated Case File No(s): GPA 07-01 / ZC 07-01 / LCPA 07-01 / SP 07-01 / POP 01 (I) / SDP 07-01 / COP 07-03
LCPA Zoning Designation Changes
Property
A.
B.
C.
D.
E.
F.
G.
214-010-96
214-031-03,09,10, 11 &13
214-034-02
214-035-01
214-036-01
214-051-02
214-052-02
From:
P-IWO
P-M/O
P-M/0
P-M/O
P-M/O
P-M/O
P-M/O
To:
P-U
C-2
C-2
C-2
C-2
Property
H.
J.
<.
C-2/P-U IVI.
C-2/P-U ill.
214-053-02
214-054-04
214-061-21
214-062-21
214-063-21
214-064-21
214-065-21
From:
P-M/O
P-M/O
P-M/J
P-M/JJ
P-M/O
P-M/T
P-M/n
To:
C-2/P-U
C-2
C-2
C-2
C-2
C-2
C-2
1 PLANNING COMMISSION RESOLUTION NO. 6448
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SPECIFIC PLAN NO. 07-01 TO DEVELOP A
4 25.08-ACRE PARCEL INTO THREE SEPARATE PARCELS
FOR AN AUTOMOTIVE AND OTHER MOTOR VEHICLE
SALES FACILITY LOCATED ON THE EAST SIDE OF
6 AVENIDA ENCINAS BETWEEN PALOMAR AIRPORT ROAD
AND POINSETTIA LANE IN LOCAL FACILITIES
7 MANAGEMENT ZONE 22.
CASE NAME: CARLSBAD ENCINA AUTO PLAZA
8 CASE NO.: SP 07-01
9 WHEREAS, Hoehn Avenida Encinas LLC, "Developer," has filed a verified
10
application with the City of Carlsbad regarding property owned by The Encina Wastewater
11
Authority, a California public agency, "Owner," described as
j3 That portion of Section 20, Township 12 South, Range 4 west,
San Bernardino Base and Meridian, according to official Plat
14 thereof and that portion of La Costa Downs Unit No. 1,
according to Map thereof No. 2013, filed in the Office of the
15 County Recorder of San Diego County, April 26,1927.
16 ("the Property"); and
17
WHEREAS, said verified application constitutes a request for a Specific Plan as
18
shown on Exhibit(s) "SP 07-01" dated September 3, 2008, on file in the Carlsbad Planning
20 Department, CARLSBAD ENCINA AUTO PLAZA - SP 07-01 as provided by Government
21 Code Section 65453; and
22 WHEREAS, the proposed Specific Plan - SP 07-01 is set forth and attached in
23 the draft City Council Ordinance, Exhibit "Z" dated, September 3, 2008, and attached hereto
24
as CARLSBAD ENCINA AUTO PLAZA SPECIFIC PLAN - SP 07-01; and
25
WHEREAS, the Planning Commission did, on September 3, 2008, hold a duly26
~7 noticed public hearing as prescribed by law to consider said request; and
28
WHEREAS, at said public hearing, upon hearing and considering all testimony
2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
3
relating to the Specific Plan; and
4
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
5 Commission of the City of Carlsbad as follows:
7 A) That .the foregoing recitations are true and correct.
00 B) That based on the evidence presented at the public hearing, the Commission
9 RECOMMENDS APPROVAL of CARLSBAD ENCINA AUTO PLAZA -
SP 07-01 based on the following findings and subject to the following conditions:
10
Findings:
11
1 . The Planning Commission finds that the project, as described and conditioned herein for
the creation of a Specific Plan (SP 07-01), is consistent with the provisions of the
j 3 General Plan based on the following:
14 a. Land Use - The project proposes a General Plan Amendment from Planned
Industrial/Office (PI/O) to Regional Commercial (C) and a Specific Plan (SP)
to allow for the development of automotive sales facility uses. The proposed
,s Regional Commercial designation would be compatible with the adjacent
Planned Industrial/Office and Public Utilities land use designated properties.
17
b. Circulation - The proposed Specific Plan would not result in any unavoidable
1 8 adverse impacts to the area. Development within the proposed Specific Plan
area will implement identified circulation improvements to mitigate for any
possible traffic impacts to Poinsettia Lane and Avenida Encinas. The project
2Q is consistent with the applicable policies and programs of the General Plan.
21 2. The proposed plan would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City in that the Specific Plan as identified in the
22 Mitigated Negative Declaration will not cause any significant impacts to the public
health, safety, and welfare. The Specific Plan provides for the design, development,
and operation of an auto sales and service facility.
24 3. All necessary public facilities can be provided concurrent with need, and adequate
25 provisions have been provided to implement those portions of the capital improvement
program applicable to the subject property in that all projects within the Specific Plan
26 area have been or will be conditioned to implement required infrastructure
improvements consistent with the Zone 22 LFMP.
4. The proposed commercial and public utility uses will be appropriate in area, location, and
overall design to the purpose intended in that the uses will serve workers and citizens
of the City of Carlsbad. The design and development standards are such as to create an
PC RESO NO. 6448 -2-
environment of sustained desirability and stability. Such development will meet
2 performance standards established by this title in that the Specific Plan requires
project compliance above the development standards of the General Commercial
3 (C) Zone and also provides general site and architectural design guidelines.
4 5. The streets and thoroughfares proposed are suitable and adequate to carry the anticipated
traffic thereon in that the Specific Plan area, with mitigation measures, will not
generate any significant increase in average daily vehicle trips and the existing
roadways (Avenida Encinas and Poinsettia Lane) are capable of handling the
proposed vehicle trips.
6. Any proposed commercial development can be justified economically at the location
proposed and will provide adequate commercial facilities of the types needed at such
location proposed.
7. The area surrounding the development is or can be planned and zoned in coordination
and substantial compatibility with the development in that the site is topographically
1 suitable for the development of Commercial type uses, as the Specific Plan area is
relatively flat and has been previously disturbed for agricultural uses.
12
8. Appropriate measures are proposed to mitigate any adverse environmental impact as
noted in the adopted Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program for the project.
I e 9. The Carlsbad Encina Auto Plaza Specific Plan is also consistent with and implements the
Local Coastal Program - Mello II Segment and the Zone 22 Local Facilities Management
16 Plan.
17 10. The proposed plan will contribute to the balance of land use so that local residents may
work and shop in the community in which they live.
„ 11. All requirements of Government Code Sections 65450 et. Seq. have been meet and
incorporated in the Carlsbad Encina Auto Plaza Specific Plan thereby
20 demonstrating its compliance with applicable provisions of state planning and
zoning laws.
21
12. The Planning Commission has reviewed each of the exactions imposed on the Developer
22 contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
24 Conditions:
25
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
26 implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
2' revoke or modify all approvals herein granted; deny or further condition issuance of all
~o future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
PC RESO NO. 6448 -3-
conditions or seek damages for their violation. No vested rights are gained by Developer
2 or a successor in interest by the City's approval of this Specific Plan.
3 2. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Specific Plan document(s) necessary to make them internally
4 consistent and in conformity with final action on the project. Development shall occur
substantially as shown in the approved Exhibits. Any proposed development, different
from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
7 regulations in effect at the time of building permit issuance.
8 4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code
1 „ Section 66020. If any such condition is determined to be invalid, this approval shall be
invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
12 5. Developer shall implement, or cause the implementation of, the Carlsbad Encina auto
Plaza Project Mitigation Monitoring and Reporting Program.
13
6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
i c representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
16 or indirectly, from (a) City's approval and issuance of this Specific Plan, (b) City's
approval or issuance of any permit or action, whether discretionary or nondiscretionary,
in connection with the use contemplated herein, and (c) Developer/Operator's installation
and operation of the facility permitted hereby, including without limitation, any and all
liabilities arising from the emission by the facility of electromagnetic fields or other
19 energy waves or emissions. This obligation survives until all legal proceedings have
been concluded and continues even if the City's approval is not validated.
20
7. This approval is granted subject to the approval of the Mitigated Negative Declaration
21 and approval of GPA 07-01, ZC 07-01, LCPA 07-01, PDF 01(1), SDP 07-01, and
CDP 07-03 and is subject to all conditions contained in Planning Commission
Resolutions No. 6445, 6444, 6446, 6447, 6449, 6450, and 6451 and the administrative
23 approval and conditions of approval of MS 07-09 and PUD 08-03 for those other
approvals.
24
8. Prior to the issuance of any permits for the project, the applicant shall submit to the
25 Planning Director a digital copy in a format readable by the City of Carlsbad and a
camera-ready master copy of the CARLSBAD ENCINA AUTO PLAZA - SP 07-01
Specific Plan, in addition to 10 bound copies.
27
28
PC RESO NO. 6448 -4-
1 NOTICE
2
Please take NOTICE that approval of your project includes the "imposition" of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
5 You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
6 66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
,, project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
\2 expired.
13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
14 Commission of the City of Carlsbad, California, held on September 3, 2008, by the following
15 vote, to wit:
16
AYES:
17
NOES:18
19 ABSENT:
20 ABSTAIN:
21
22
23 FRANK H. WHITTON, Chairperson
24 CARLSBAD PLANNING COMMISSION
25
ATTEST:2o
27
28 n
DON NEU
Planning Director
PC RESO NO. 6448 -5-
EXHIBIT "Z"
September 3, 2008
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, ADOPTING THE CARLSABD
ENCINA AUTO PLAZA SPECIFIC PLAN (SP 07-01) TO
4 DEVELOP AN AUTOMOTIVE SALES FACILITY ON 25.08-
ACRES LOCATED ON THE EAST SIDE OF AVENIDA ENCINAS
5 BETWEEN PALOMAR AIRPORT ROAD AND POINSETTIA
LANE IN LOCAL FACILITIES MANAGEMENT ZONE 22.
6 CASE NAME: CARLSBAD ENCINA AUTO PLAZA
CASE NO.: SP 07-01
7
8 WHEREAS, the City Council did on the day of , hold a duly
" noticed public hearing as prescribed by law to consider said request; and
WHEREAS, said application constitutes a request for a Specific Plan as shown
on Exhibit "Z" dated September 3, 2008, attached hereto and made a part hereof.
12 WHEREAS at said public hearing, upon hearing and considering all testimony
13
and arguments, if any, of all persons desiring to be heard, said City Council considered all
14
factors relating to the Carlsbad Encina Auto Plaza Specific Plan (SP 07-01); and
15
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
16
follows:17
SECTION I: That Carlsbad Encina Auto Plaza Specific Plan (SP 07-01)lo
19 dated September 3, 2008, on file in the Planning Department, and incorporated by reference
20 herein, is approved. The Carlsbad Encina Auto Plaza Specific Plan (SP 07-01) shall constitute
21 the development plan for the plan area and all development within the plan area shall conform to
22 the plan.
23 SECTION II: That the findings and conditions of the Planning Commission in
24 Planning Commission Resolution No. 6448 shall also constitute the findings and conditions of
25 the City Council.
26 EFFECTIVE DATE: This ordinance shall be effective thirty days after its
27 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
28 published at least once in a publication of general circulation the City of Carlsbad within fifteen
days after its adoption.
published at least once in a publication of general circulation the City of Carlsbad within fifteen
2 days after its adoption.
3 INTRODUCED AND FIRST READ at the regular meeting of the Carlsbad City
4
Council on the day of , 2008, and thereafter.
5"
6 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
7 of the City of Carlsbad, California, held on the day of , 2008, by the
8 following vote, to wit:
9 AYES:
10 NOES:
11 ABSENT:
12 ABSTAIN:
13 "
14 APPROVED AS TO FORM AND LEGALITY
15
16 RONALD R. BALL, City Attorney
17
18
19 CLAUDE A. LEWIS, Mayor
20 ATTEST:
21 "
22
LORRAINE M. WOOD, City Clerk
23
(SEAL)
24
25
26
27
28
-2-
PLANNING COMMISSION RESOLUTION NO. 6449
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF PRECISE DEVELOPMENT PLAN
3 AMENDMENT PDPfl (I) TO INCORPORATE EXISTING FLOW
EQUALIZATION BASINS INTO THE ENCINA
4 WASTEWATER PRECISE DEVELOPMENT PLAN ON A 3.22
ACRE PROPERTY GENERALLY LOCATED ON THE EAST
SIDE OF AVENIDA ENCINAS AND IMMEDIATELY SOUTH
6 OF THE EXISTING ENCINAS WATER POLLUTION
CONTROL FACILITY WITHIN LOCAL FACILITIES
7 MANAGEMENT ZONE 22.
CASE NAME: ENCINA WASTEWATER AUTHORITY
8 FLOW EQUALIZATION BASINS
9 CASE NO.: _ POP 01 (I) _ i
10 WHEREAS, The Encina Wastewater Authority, a California public agency,
"Developer" and "Owner" has filed a verified application with the City of Carlsbad regarding
12
*
property described as
13
That portion of Section 20, Township 12 South, Range 4 west,
14 San Bernardino Base and Meridian, according to official Plat
thereof and that portion of La Costa Downs Unit No. 1,
according to Map thereof No. 2013, filed in the Office of the
16 County Recorder of San Diego County, April 26, 1927.
17 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Precise
19 Development Plan Amendment as shown on Exhibit "X" dated September 3, 2008 and as
20
shown on Exhibit(s) "A" - "V" dated August 15, 2001, on file in the Planning Department
21
22 ENCINA WASTEWATER AUTHORITY FLOW EQUALIZATION BASINS - PDF 1(1)
23 AND CUP 99-23, as provided by Chapter 21.36 of the Carlsbad Municipal Code; and
24 WHEREAS, the Planning Commission did, on September 3, 2008, hold a duly
25 noticed public hearing as prescribed by law to consider said request; and
26 WHEREAS, at said public hearing, upon hearing and considering all testimony
27
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
28
relating to the Precise Development Plan Amendment.
1 WHEREAS, on August 15, 2001, the Planning Commission approved, CUP 99-
2
23 and CDP 99-45 for the Carlsbad Water Recycling Facility, as described and conditioned in
3
Planning Commission Resolution Nos. 5037 and 5038.4
5 WHEREAS, on November 14, 2006, the City Council approved, PDP 1(H), as
6 described and conditioned in Planning Commission Resolution No. 6168.
7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
9
A) That the foregoing recitations are true and correct.
10
B) That based on the evidence presented at the public hearing, the Commission
11 RECOMMENDS APPROVAL of PDP 1(1), based on the following findings
12 and subject to the following conditions:
13 Findings:
14 1. That the proposed Precise Development Plan Amendment is consistent with and satisfies
all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the
Carlsbad Municipal Code, and will not cause serious public health problems, in that the
equalization basins are existing improvements approved as part of CUP 99-23. The
General Plan and Zone Change of the subject property from Planned
17 Industrial/Office to Public Utilities permits the existing improvements by right and
the Conditional Use Permit 99-23 is no longer necessary to address the equalization
* ° basin portion of the project. The PDP is amended to incorporate the equalization
19 improvements within the PDF permit.
20 2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Public Utility and General Commercial
21 development on the General Plan, in that the existing uses are adequately screened
from view and will not generate unacceptable odors, noise or other unacceptable
22 impacts.
23 3. That the site is physically suitable for the type and density of the development since the
24 site is adequate in size and shape to accommodate the use in that the use can be
contained within the site while providing all required setbacks and landscaping.
25
4. The Planning Commission finds that the project, as conditioned herein, is in
26 conformance with the Elements of the City's General Plan, based on the facts set forth in
the staff report dated September 3,2008.
5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 22 and all City public facility policies and
PC RESO NO. 6449 -2-
ordinances. The project includes elements or has been conditioned to construct or
2 provide funding to ensure that all facilities and improvements regarding sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
3 facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
6. The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
7 public facilities and will mitigate any cumulative impacts created by the project.
8 7. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 22.
8. The Planning Commission of the City of Carlsbad does hereby find:
11 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration Carlsbad
Encina Auto Plaza, the environmental impacts therein identified for this project
12 and said comments thereon, and the Program, on file in the Planning Department,
prior to RECOMMENDING ADOPTION of the project; and
14 b. the Mitigated Negative Declaration and the Program have been prepared in
accordance with requirements of the California Environmental Quality Act, the
15 State Guidelines and the Environmental Protection Procedures of the City of
Carlsbad; and16
c. they reflect the independent judgment of the Planning Commission of the City of
Carlsbad; and
18
d. based on the EIA Part II and comments thereon, the Planning Commission, finds
that there is no substantial evidence the project will have a significant effect on the
environment.
9. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
22 to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
23
Conditions:
25 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
a building permit or grading permit for SDP 07-01, whichever occurs first.
26
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
PC RESO NO. 6449 -3-
future building permits; deny, revoke, or further condition all certificates of occupancy
2 issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
3 conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Precise Development Plan
Amendment.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
6 and modifications to the Precise Development Plan Amendment documents, as
necessary to make them internally consistent and in conformity with the final action on
the project. Development shall occur substantially as shown on the approved Exhibits.
Any proposed development, different from this approval, shall require an amendment to
this approval.
9
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
10 regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment
12 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
13 66020. If any such condition is determined to be invalid, this approval shall be invalid
unless the City Council determines that the project without the condition complies with
14 all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
15 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
17 and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Precise Development Plan
Amendment, (b) City's approval or issuance of any permit or action, whether
discretionary or nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
20 including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City's
~~ approval is not validated.
23 6. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 22 Local Facilities Management Plan and any amendments made to
24 that Plan prior to the issuance of building permits.
25 7. This approval is granted subject to the approval of GPA 07-01, ZC 07-01, and LCPA
26 07-01.
27 8. Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
PC RESO NO. 6449 -4-
time of the application for the building permit, and that water and sewer capacity and
2 facilities will continue to be available until the time of occupancy.
3 9. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 22, pursuant to Chapter 21.90. All such
6 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
7
NOTICE
9 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
10 "fees/exactions."
11 You have 90 days from date of approval to protest imposition of these fees/exactions. If you
12 protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
15
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
16 DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
10 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
19"
20
21
22
23
24
25
26
27
28
PC RESO NO. 6449 -5-
1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
2 Commission of the City of Carlsbad, California, held on September 3, 2008, by the following
3
vote, to wit:
4
5 AYES
6 NOES:
7 ABSENT:
8 ABSTAIN:
9
10
11
FRANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
13 "
14 ATTEST:
15
16
17 DONNEU
Planning Director
18
19
20
21
22
23
24
25
26
27
28
PC RESO NO. 6449 -6-
EXHIBIT X
SEPTEMBER 3, 2008
NOT TO SCALE
SITEMAP
ENCINA WASTEWATER AUTHORITY
POP 1(1)
1 PLANNING COMMISSION RESOLUTION NO. 6450
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
DEVELOPMENT PLAN, SDP 07-01, TO DEVELOP A 25.08-
4 ACRE PARCEL INTO THREE SEPARATE PARCELS FOR AN
5 AUTOMOTIVE AND OTHER MOTOR VEHICLES SALES
FACILITY LOCATED ON THE EAST SIDE OF AVENIDA
6 ENCINAS BETWEEN PALOMAR AIRPORT ROAD AND
POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT
7 ZONE 22.
CASE NAME: CARLSBAD ENCINA AUTO PLAZA
8 CASE NO.: SDP 07-01
9 WHEREAS, Hoehn Avenida Enemas LLC, "Developer," has filed a verified
10
application with the City of Carlsbad regarding property owned by Encina Wastewater
j2 Authority, a California public agency, "Owner," described as
13 That portion of Section 20, Township 12 South, Range 4 west,
San Bernardino Base and Meridian, according to official Plat
14 thereof and that portion of La Costa Downs Unit No. 1,
according to Map thereof No. 2013, filed in the Office of the
County Recorder of San Diego County, April 26,1927.
16
("the Property"); and
17
WHEREAS, said verified application constitutes a request for a Site Development18
jp Plan as shown on Exhibit(s) "A" - "II" dated September 3, 2008, on file in the Planning
20 Department, CARLSBAD ENCINA AUTO PLAZA - SDP 07-01 as provided by Chapter
21 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and
22 WHEREAS, the Planning Commission did, on September 3, 2008, hold a duly
23
noticed public hearing as prescribed by law to consider said request; and
24
WHEREAS, at said public hearing, upon hearing and considering all testimony
£•*)
26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
27 relating to the Site Development Plan.
28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
2 B) That based on the evidence presented at the public hearing, the Planning
3 Commission RECOMMENDS APPROVAL of CARLSBAD ENCINA
AUTO PLAZA - SDP 07-01 based on the following findings and subject to the
following conditions:
Findings:
6
1. That the requested use is properly related to the site, surroundings and environmental
7 settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
° the proposed use is to be located, and will not adversely impact the site, surroundings or
n traffic circulation, in that the various goals and objectives of the General Plan will be
implemented since the proposed project falls within a proposed Carlsbad Encina
10 Auto Plaza Specific Plan, which is found to be consistent with the General Plan.
The requested additions are properly related to the site surroundings as well as the
11 environmental setting in that the project design complies with the requirements of
the Carlsbad Encinas Auto Plaza Specific Plan. The location of the dealership
buildings and support structure will not disrupt the existing vehicular circulation
13 and Avenida Encinas with mitigation is adequate to handle the traffic generated by
the proposed uses. Further, the proposed uses are compatible with the existing uses
14 in the area; therefore, the adjacent properties will not be adversely impacted.
15 2. That the site for the intended use is adequate in size and shape to accommodate the use, in
, that the proposed buildings and the proposed uses comply with the required
development and design standards of the Specific Plan. The proposed project
11 complies with the development standards for building setbacks, building height, and
parking as proposed within the Carlsbad Encina Auto Plaza Specific Plan without
18 the need for variances.
19 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the site functions as a component of the Specific
21 Plan's allowed automobile sales, service, and related uses. The project has been
designed in accordance with all development and design standards of the Carlsbad
22 Encina Auto Plaza Specific Plan; therefore, the project is compatible with existing
permitted and future uses. The project has been conditioned to include traffic
mitigation measures and outdoor lighting restrictions to minimize potential impacts
24 to the surrounding uses.
25 4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the primary access to the site will be provided
26 from three driveways located off of Avenida Encinas. The street system serving the
proposed uses will be adequate to handle the 10,876 Average Daily Trips generated
by the proposed project with the implementation of the mitigation measures. A new
2g traffic signal is proposed at the main entrance located across from the existing
Poinsettia Station Commuter Rail Station.
PC RESO NO. 6450 -2-
5. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
2 Code Section 14.28.020 and Landscape Manual Section IB).
3 6. The Planning Commission of the City of Carlsbad does hereby find:
4 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration Carlsbad
Encina Auto Plaza, the environmental impacts therein identified for this project
and said comments thereon, and the Program, on file in the Planning Department,
6 prior to RECOMMENDING ADOPTION of the project; and
7 b. the Mitigated Negative Declaration and the Program have been prepared in
accordance with requirements of the California Environmental Quality Act, the
State Guidelines and the Environmental Protection Procedures of the City of
g Carlsbad; and
10 c. they reflect the independent judgment of the Planning Commission of the City of
Carlsbad; and
11
1 _ d. based on the EIA Part II and comments thereon, the Planning Commission, finds
that there is no substantial evidence the project will have a significant effect on the
13 environment
14 7. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
15 to mitigate impacts caused by or reasonably related to the project, and the extent and the
1 , degree of the exaction is in rough proportionality to the impact caused by the project.
17 Conditions:
18 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or building permit, whichever occurs first.
19
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
21 implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
22 future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
24 conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Site Development Plan.
25
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
26 and modifications to the Site Development Plan documents, as necessary to make them
~~ internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development,
28 different from this approval, shall require an amendment to this approval.
PC RESO NO. 6450 -3-
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
2 regulations in effect at the time of building permit issuance.
3 4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
<- 66020. If any such condition is determined to be invalid, this approval shall be invalid
unless the City Council determines that the project without the condition complies with
6 all requirements of law.
7 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
9 and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Site Development Plan,
10 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
. ~ including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
13 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
14
6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
16
7. Developer shall include, as part of the plans submitted for any permit plancheck, a
17 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).18
8. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
20 school facilities.
_~ as part of the Zone 22 Local Facilities Management Plan and any amendments made to
21 9. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 22 Local Facilities Manager™
that Plan prior to the issuance of building permits.
23
10. This approval is granted subject to the approval of the Mitigated Negative Declaration,
24 GPA 07-01, ZC 07-01, LCPA 07-01, SP 07-01 and CDP 07-03 and is subject to all
conditions contained in Planning Commission Resolutions No. 6445, 6444, 6446, 6447,
6448 and 6451 for those other approvals and the administrative approval and
26 conditions of approval of MS 07-09 and PUD 08-03.
27 11. This approval shall become null and void if building permits are not issued for this
project within 36 months from the date of approval of LCPA 07-01 by the California
Coastal Commission.
PC RESO NO. 6450 -4-
12. Building permits will not be issued for this project unless the local agency providing
2 water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
3 time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
4
<- 13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
6 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
7 Local Facilities Management Plan fee for Zone 22, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
9
14. Developer shall submit to the City a Notice of Restriction executed by the owner of the
10 real property to be developed. Said notice is to be filed in the office of the County
Recorder, subject to the satisfaction of the Planning Director, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a(n) Site
j2 Development Plan and Coastal Development Permit by Resolution(s) No. 6450 and
6451 on the property. Said Notice of Restriction shall note the property description,
13 location of the file containing complete project details and all conditions of approval as
well as any conditions or restrictions specified for inclusion in the Notice of Restriction,
1 4 The Planning Director has the authority to execute and record an amendment to the notice
1 ,. which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
16
15. Developer shall submit and obtain Planning Director approval of a Final Landscape and
17 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
in condition, free from weeds, trash, and debris.
20 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
21 project's building, improvement, and grading plans.
22 17. All roof appurtenances, including air conditioners, shall be architecturally integrated and
23 concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
24 Directors of Community Development and Planning.
25 18. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
26 masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
27 Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
28
PC RESO NO. 6450 -5-
19. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
2 When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
3 approved plan.
4 20. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
, including parking areas. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
6
Code Reminders:
7
21. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
9
22. Developer shall pay a landscape plancheck and inspection fee as required by Section
10 20.08.050 of the Carlsbad Municipal Code.
H 23. Approval of this request shall not excuse compliance with all applicable sections of the
I 2 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
13
24. The project shall comply with the latest nonresidential disabled access requirements
14 pursuant to Title 24 of the California Building Code.
25. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
16 Code Section 18.04.320.
17 26. Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
NOTICE
20
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
22 "fees/exactions."
23 You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
25 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
26 annul their imposition.
27 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
»„ DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
PC RESO NO. 6450 -6-
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
2 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
3
PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
4
Commission of the City of Carlsbad, California, held on September 3, 2008, by the following
vote, to wit:
7 AYES:
8 NOES:
9 ABSENT:
10
ABSTAIN:
11 "
12
13
14 FRANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
15
16 ATTEST:
17
18
19 DONNEU
20 Planning Director
21
22
23
24
25
26
27
28
PC RESO NO. 6450 -7-
1 PLANNING COMMISSION RESOLUTION NO. 6451
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF COASTAL DEVELOPMENT PERMIT CDP 07-03
4 TO DEVELOP A 25.08-ACRE PARCEL INTO THREE SEPARATE
5 PARCELS FOR AN AUTOMOTIVE AND OTHER MOTOR
VEHICLES SALES FACILITY LOCATED ON THE EAST SIDE
6 OF AVENIDA ENCINAS BETWEEN PALOMAR AIRPORT
ROAD AND POINSETTIA LANE IN LOCAL FACILITIES
7 MANAGEMENT ZONE 22.
CASE NAME: CARLSBAD ENCINA AUTO PLAZA
8 CASE NO.: CDP 07-03
9
WHEREAS, Hoehn Avenida Encinas LLC, "Developer," has filed a verified
10
application with the City of Carlsbad regarding property owned by Encina Wastewater
12 Authority, a California public agency, "Owner," described as
13 That portion of Section 20, Township 12 South, Range 4 west,
San Bernardino Base and Meridian, according to official Plat
14 thereof and that portion of La Costa Downs Unit No. 1,
1 ^ according to Map thereof No. 2013, filed in the Office of the
County Recorder of San Diego County, April 26,1927.
16
("the Property"); and
17
WHEREAS, said verified application constitutes a request for a Coastal18
IQ Development Permit as shown on Exhibits "A" - "II" dated September 3, 2008, on file in the
20 Planning Department, CARLSBAD ENCINA AUTO PLAZA - CDP 07-03, as provided by
2! Chapter 21.201.040 of the Carlsbad Municipal Code; and
22 WHEREAS, the Planning Commission did, on September 3, 2008, hold a duly
23
noticed public hearing as prescribed by law to consider said request; and
24
WHEREAS, at said public hearing, upon hearing and considering all testimony
^-> *}
25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
27 relating to the CDP.
28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
2 B) That based on the evidence presented at the public hearing, the Commission
3 RECOMMENDS APPROVAL of CARLSBAD ENCINA AUTO PLAZA -
CDP 07-03 based on the following findings and subject to the following
conditions:
c Findings:
1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that no impacts to any physical features, such as
7 scenic resources, environmentally sensitive areas, or geologic features, will occur as
none exist on the flat and previously disturbed site. No distant or coastal views
would be obstructed. Interstate 5 does not afford any coastal views as the roadway
9 is below the elevation of the subject property.
10 2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that there are no public access or recreation requirements for
11 the property.
12 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the
City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard
14 Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff
Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil
15 erosion. No steep slopes or native vegetation is located on the subject property and the
site is not located in an area prone to landslides, or susceptible to accelerated erosion,
floods, or liquefaction.
17 4. The property is identified as "Designated Coastal Agricultural Land" as identified on Map
1 g X and is known as the Bankers Site in the LCP. The property is also designated as a Non-
prime agricultural land and is permitted to convert to urban uses subject to the provisions
19 set fourth in the LCP. As such, the project and has been conditioned to pay the
agricultural conversion mitigation fee pursuant to Option 3 - Agricultural Conversion
Mitigation Fee.
21 5. That the project coordinates with the Encina Wastewater Pollution Control Facilities
22 expansion plans by preserving land for future expansion of reclaimed water storage
facilities.
23
6. The Planning Commission of the City of Carlsbad does hereby find:
24
...it has reviewed, analyzed, and considered Mitigated Negative Declaration Carlsbad
Encina Auto Plaza, the environmental impacts therein identified for this project
26 and said comments thereon, and the Program, on file in the Planning Department,
prior to RECOMMENDING ADOPTION of the project; and
27
b. the Mitigated Negative Declaration and the Program have been prepared in
accordance with requirements of the California Environmental Quality Act, the
PCRESONO. 6451 -2-
State Guidelines and the Environmental Protection Procedures of the City of
2
10
Carlsbad; and
3 c. they reflect the independent judgment of the Planning Commission of the City of
Carlsbad; and
4
<- d. based on the EIA Part II and comments thereon, the Planning Commission, finds
that there is no substantial evidence the project will have a significant effect on the
6 environment.
7 7. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
11 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
a grading permit or building permit, whichever occurs first.
i -, 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
14 implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
17 conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Coastal Development Permit.
18
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development Permit documents, as necessary to make
2Q them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
21 development, different from this approval, shall require an amendment to this approval.
22 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
__ regulations in effect at the time of building permit issuance.
24 4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
25 challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid, this approval shall be invalid
unless the City Council determines that the project without the condition complies with
27 all requirements of law.
28 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
PCRESONO. 6451 -3-
representatives, from and against any and all liabilities, losses, damages, demands, claims
2 and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Coastal Development Permit,
3 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
<- including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
6 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
7
6. Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
10 facilities will continue to be available until the time of occupancy.
7. This approval is granted subject to the approval of the Mitigated Negative Declaration,
12 GPA 07-01, ZC 07-01, LCPA 07-01, SP 07-01 and SDP 07-01 and is subject to all
conditions contained in Planning Commission Resolutions No. 6445, 6444, 6446, 6447,
13 6448 and 6450 for those other approvals and the administrative approval and
conditions of approval of MS 07-09 and PUD 08-03.
14
. . 8. To offset the conversion of non-prime agricultural land to urban land uses per the
requirements of the Mello II Local Coastal program, the applicant shall provide
16 payment of an agricultural mitigation fee, the amount of which shall be $10^000 for
each net converted acre of non-prime agricultural land. The amount of the fee shall
17 be paid by the applicant prior to approval of the final map, issuance of any grading
or building permit, whichever occurs first, and shall be consistent with the
provisions of Carlsbad's LCP.
19 9. The applicant shall apply for and be issued building permits for this project within three
20 (3) years of approval of LCPA 07-01 by the California Coastal Commission or this
coastal development permit will expire unless extended per Section 21.201.210 of the
Zoning Ordinance.
22 10. Prior to the issuance of building permits, the applicant shall apply for and obtain a
23 grading permit issued by the City Engineer.
24 11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
26 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 22, pursuant to Chapter 21.90. All such
27 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.28
PCRESONO. 6451 -4-
12. The project site is located in an area that may contain soil material that is suitable for
2 beach sand replenishment as defined in the Carlsbad Opportunistic Beach Fill program
(COBFP) adopted by the Planning Commission on May 17, 2006 (SUP 04-13). Prior to
3 the issuance of a grading permit, and as a part of the grading plan preparation, the
developer shall test the soil material to be exported from the project site to determine the
materials suitability for sand replenishment pursuant to the requirements of the COBFP.
, If the material is deemed suitable for beach replenishment the developer is encouraged to
comply with the process outlined in the COBFP to transport and place the beach quality
6 material on the beach site identified in the COBFP.
7 13. Developer shall submit to the City a Notice of Restriction executed by the owner of the
real property to be developed. Said notice is to be filed in the office of the County
Recorder, subject to the satisfaction of the Planning Director, notifying all interested
o. parties and successors in interest that the City of Carlsbad has issued a(n) Coastal
Development Permit by Resolution No. 6451 on the property. Said Notice of
10 Restriction shall note the property description, location of the file containing complete
project details and all conditions of approval as well as any conditions or restrictions
specified for inclusion in the Notice of Restriction. The Planning Director has the
, £ authority to execute and record an amendment to the notice which modifies or terminates
said notice upon a showing of good cause by the Developer or successor in interest.
13
NOTICE
15 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
16 "fees/exactions.
1 7 You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
19 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
™ annul their imposition.
21 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
22 DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
23 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
25
26
27
28
PCRESONO. 6451 -5-
1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
2
Commission of the City of Carlsbad, California, held on September 3, 2008, by the following
3
vote, to wit:4
5 AYES
6 NOES:
V ABSENT:
8 ABSTAIN:
9
10
11
FRANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
13 "
14 ATTEST:
15
16
17 DONNEU
Planning Director18
19
20
21
22
23
24
25
26
27
28
PCRESONO. 6451 -6-
SITEMAP
NOT TO SCALE
CARLSBAD ENCINAAUTO PLAZA
GPA 07-01 / ZC 07-01 / LCPA 07-01 / SP 07-01 /
POP 01 (I) / SDP 07-01 / CDP 07-03
o o
City of Carlsbad
Planning Department
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all applications which will require
discretionary action on the part of the City Council or any appointed Board, Commission or Committee.
The following information MUST be disclosed at the time of application submittal. Your project cannot
be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and an other county, city and county, city
municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner must be
provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial
interest in the application. If the applicant includes a corporation or partnership, include the
names, title, addresses of all individuals owning more than 10% of the shares. IF NO
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person T. W. Hoehn III & Robert A. Hoehn Corp/Part Hoehn Avenida Encinas, LLC
Title Owners . Title
Address PO Box 789 Address PO Box 789
Carlsbad, CA 92018 Carlsbad, CA 92018
2. OWNER (Not the owner's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership
interest in the property involved. Also, provide the nature of the legal ownership (i.e,
partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a
corporation or partnership, include the names, titles, addresses of all individuals owning more
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-
owned corporation, include the names, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Person N/A Corp/Part The Encina Wastewater Aunthoritv, a
California public agency
Title Title
Address Address 6200 Avenida Encinas
Carlsbad, CA 92013
1635 Faraday Dr. • Carlsbad, CA 92009-1576 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
3.
4.
NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the
names and addresses of ANY person serving as an officer or director of the non-profit
organization or as a trustee or beneficiary of the.
Non Profit/Trust Non Profit/Trust
Title
Address
Title
Address
Have you had more than $250 worth of business transacted with any member of City staff,
Boards, Commissions, Committees and/or Council within the past twelve (12) months?
| | No If yes, please indicate person(s): The applicant is a sales and service _Yes
Automotive business and may have some members as customers
NOTE: Attach additional sheets if necessary.
I certify the above information is true and correct to the best of my knowledge.
Signature oj^fer/date
Print or type name of owner
Signature of applicant/date
T. W. Hoehn I
Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2
City of Carlsbad
Planning Department
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all applications which will require
discretionary action on the part of the City Council or any appointed Board, Commission or Committee.
The following information MUST be disclosed at the time of application submittal. Your project cannot be
reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization,
corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or
other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner must be
provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest
in the application. If the applicant includes a corporation or partnership, include the names, title,
addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE
BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate
officers. (A separate page may be attached if necessary.)
Person,
Title
Corp/Part_
Title
Address Address
2. OWNER (Not the owner's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership
interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership,
tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or
partnership, include the names, title, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE
NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
7-W/ .
Corp/Part_
Title
Address
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the
names and addresses of ANY person serving as an officer or director of the non-profit
organization or as trustee or beneficiary of the.
Non Profit/Trust Non Profit/Trust
Title Title
Address Address
4. Have you had more than $500 worth of business transacted with any member of City staff,
Boards, Commissions, Committees and/or Council within the past twelve (12) months?
Yes No If yes, please indicate person(s):_
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
Signature of owner/date Signature of applicant/date
Print or type name of owner Print or type name of applicant
"Signa^G're of owner/app'licant's agent if applicable/date
Printer type name of owner/applicant's agent
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 12/06 Page 2 Of 2
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: CARLSBAD ENCINA AUTO PLAZA - GPA 07-01/ZC 07-01/LCPA
07-01/SP 07-01/ POP 010YSDP 07-01/ CDP 07-03
LOCAL FACILITY MANAGEMENT ZONE: 22 GENERAL PLAN: C and U
ZONING: C-2 and PU
DEVELOPER'S NAME: Hoehn Avenida Encinas. LLC
ADDRESS: P.O. Box 789. Carlsbad CA 9201 8
PHONE NO.: (760) 476-5330 ASSESSOR'S PARCEL NO.: 214-010-96, 214-031-03. 09. 10.
11. 13. 214-034-02. 214-035-01, 214-036-01. 214-051-02. 214-052-02. 214-053-02.214-054-04.
214-061-21. 214-062-21, 214-063-21, 214-064-01. 214-065-01
QUANTITY OF LAND USE/DEVELOPMENT f AC.. SO. FT.. DU): 28.3
ESTIMATED COMPLETION DATE: ASAP
A. City Administrative Facilities: Demand in Square Footage
B. Library: Demand in Square Footage =
C. Wastewater Treatment Capacity (Calculate with J. Sewer)
D. Park: Demand in Acreage =
E. Drainage: Demand in CFS =
Identify Drainage Basin =
F. Circulation: Demand in ADT =
G. Fire: Served by Fire Station No. =
H. ' Open Space: Acreage Provided =
I. Schools:
J. Sewer: Demands in EDU
Identify Sub Basin =
K. Water: Demand in GPD =
= n/a
= n/a
82 EDU
n/a
27.3
22B
10,876
15%
Carlsbad
82
North Batiquitos
24,038
BACKGROUND DATA SHEET
CASE NO: GPA 07-01/ZC 07-01/LCPA 07-01 /SP 07-01/ PDF OKIVSPP 07-01/ CDP 07-
03
CASE NAME: CARLSBAD ENCINA AUTO PLAZA
APPLICANT: Hoehn Avenida Encinas, LLC
REQUEST AND LOCATION: Request for a recommendation of adoption of a Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program; a recommendation of
approval for a General Plan Amendment to change the General Plan Land Use designation from
Planned Industrial/Office to Regional Commercial and Public Utilities, a Zone Change from
Planned Industrial/Office to General Commercial and Public Utility, a Local Coastal Program
Amendment, a Specific Plan, a Precise Development Plan Amendment, and a Coastal
Development Permit and approving a Site Development Plan to develop a 28.3-acre parcel into
four separate parcels for the development of an automotive and other motor vehicles sales
facility and a public utility use located on the east side of Avenida Encinas between Palomar
Airport Road and Poinsettia Lane in Local Facilities Management Zone 22.
LEGAL DESCRIPTION: That portion of Section 20, Township 12 South, Range 4 west,
San Bernardino Base and Meridian, according to official Plat thereof and that portion of La
Costa Downs Unit No. 1, according to Map thereof No. 2013, filed in the Office of the County
Recorder of San Diego County, April 26. 1927
APN: 214-010-96. 214-031-03, 09, 10, 11, 13, 214-034-02, 214-035-01, 214-036-01. 214-051-
02, 214-052-02. 214-053-02, 214-054-04, 214-061-21, 214-062-21. 214-063-21. 214-064-01,
214-065-01. Acres: 28.3 Proposed No. of Lots/Units: 4 Lots
GENERAL PLAN AND ZONING
Existing Land Use Designation: Planned Industrial/Office (PI/O)
Proposed Land Use Designation: Regional Commercial (R) and Public Utilities (U)
Density Allowed: N/A Density Proposed: N/A
Existing Zone: Planned Industrial/Office (P-M/O) Proposed Zone: General Commercial (C-2)
and Public Utility (P-U)
Surrounding Zoning, General Plan and Land Use:
Zoning General Plan Current Land Use
Site P-M/O PI/O Vacant
North P-M/O and U PI/O and U Water treatment plant
South RD-M-Q, C-T, and C-2 RM/O, T-R/RH, and C Mixed use, daycare site,
and auto sales
East T-C TC Interstate-5
West T-C TC Railroad
Revised 01/06
LOCAL COASTAL PROGRAM
Coastal Zone: IXI Yes I I No Local Coastal Program Segment: Mello II
Within Appeal Jurisdiction: I I Yes IXI No Coastal Development Permit: IXI Yes I I No
Local Coastal Program Amendment: IXI Yes I I No
Existing LCP Land Use Designation: PI/O Proposed LCP Land Use Designation: RandU
Existing LCP Zone: PM/O Proposed LCP Zone: C-2 and PU
PUBLIC FACILITIES
School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): 82
ENVIRONMENTAL IMPACT ASSESSMENT
Categorical Exemption,
Negative Declaration, issued April 24, 2008
Certified Environmental Impact Report, dated
Other,
Revised 01/06
MS 07-09
August 11, 2008
Hoehn Avenida Encinas
PO Box 789
Carlsbad, CA 92018
MS 07-09, CARLSBAD ENCINA AUTO PLAZA
The City Engineer has made a preliminary decision, pursuant to Section 20.24.120 of the City of
Carlsbad Municipal Code, to approve the Tentative Parcel Map of the subject minor subdivision,
subject to the conditions listed below.
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed Tentative Parcel map, must be met prior to approval of a Parcel Map,
building permit, or grading permit, whichever occurs first.
General
1. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
2. This approval is subject to the approval and conditions of a Mitigated Negative
Declaration No. 6445, CDP 07-03, SDP Q7.P1, GPA 07-01, ZC 07-01, LCPA 07-01 and
SP 07-01.
3. Developer shall submit to thetCity Engineer, a reproducible 24" x 36", mylar copy of the
tentative map and a digital copy of said map (in AutoCAD format, latest version)
reflecting the conditions approved by the final decision making body and any applicable
coastal commission approvals. The reproducible shall be submitted to the City engineer,
reviewed^and, if acceptable, signed by the City's project engineer and project planner
prior to submittal of the building plans, final map, improvement or grading plans,
whichever occursffirst The digital file copy shall be submitted in a format as approved by
the City Engineer.
4. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements such as storm drain facilities and storm water Best
Management Practice facilities, parking lot, sidewalks, etc. located therein and to
distribute the costs of such maintenance in an equitable manner among the owners of
the properties within the subdivision.
5. Developer shall and does hereby agree to indemnify, protect, defend and hold harmless
the City of Carlsbad, its Council members, agents, officers, and representatives, from
MS 07-09
and against any and all liabilities, losses, damages, demands, claim and costs, including
court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a)
City's approval and issuance of this tentative parcel map, (b) City's approval or issuance
of any permit or action, whether discretionary or non-discretionary, in connection with the
use contemplated herein, including an action filed within the time period specified in
Government Code Section 66499.37 and (c) Developer's installation and operation of
the facility permitted hereby, including without limitation, any and all liabilities arising
from the emission by the facility of electromagnetic fields or other energy waves or
emissions.
6. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards.
7. Developer shall apply for and obtain a Right-of Way Permit from Caltrans for any
work proposed within Caltrans right-of-way.
8. Developer shall obtain an access easement from the City for the proposed private
access road over the City owned parcel as shown on the Tentative Parcel Map to
the satisfaction of the Community Development Director.
Fees/Agreements
i.i!iifc . , .
9. Developer shall cause property owner to execute and submit to the City Engineer for
recordation, the City's standard form Geologic failure Hold Harmless Agreement.
10. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form -Drainage Hold Harmless Agreement.
11. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent tp the City Engineer to the annexation of the area
shown within the boundaries of the site plan into the existing City of Carlsbad Street
Sgping and Landscaping District No. 1 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be on a
form provided by the City Engineer.
12. Developer shall cause property owner to process, execute and submit an executed copy
to the City Engineierjfor recordation a City standard Permanent Stormwater Quality Best
Management Practice Maintenance Agreement for the perpetual maintenance of all
treatment control, applicable site design and source control, post-construction
permanent Best Management Practices prior to the issuance of a grading permit or
building permit, whichever occurs first for this Project.
13. Prior to issuance of a grading permit or building permit, whichever occurs first,
the developer shall execute an agreement to pay any drainage fee established in
the forthcoming revised Drainage Master Plan.
Grading
MS 07-09
14. Based upon a review of the proposed grading and the grading quantities shown on the
Site Plan, a grading permit for this project is required. Developer shall apply for and
obtain a grading permit from the City Engineer prior to issuance of a building permit for
the project.
15. This project requires off site grading. No grading for private improvements shall occur
outside the limits of this approval unless Developer obtains, records and submits a
recorded copy to the City Engineer a grading or slope easement or agreement from the
owners of the affected properties. If Developer is unable to obtain the grading or slope
easement, or agreement, no grading permit will be issued. In that case Developer must
either apply for and obtain an amendment of this approval or modify the plans so grading
will not occur outside the project and apply for and obtain a finding of substantial
conformance from both the City Engineer and Planning Director.
16. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Management Plan, (SWMP)."
The SWMP shall demonstrate compliance with the City, of Carlsbad Standard Urban
Storm water Mitigation Plan (SUSMP), Order 2007-01 issued by the San Diego Region
of the California Regional Water Quality Control Board and City of Carlsbad Municipal
Code. The SWMP shall address measures to avoid contact or filter said pollutants from
storm water, to the maximum extent practicable,, for the post-construction stage of the
project. At a minimum, the SWMP shall!
I • "C*1' ' '
a. Identify existing and post-development on-site pollutants-of-concern.
b. Identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted,bMjhis project.
c. Incorporate Low Impact Development in the project design.
d. Recommend source controls and treatment controls that will be implemented
with this project to avoid contact or filter said pollutants from storm water to the
maximum extent practicable before discharging offsite.
e. Establish specific procedures for handling spills and routine cleanup. Special
"considerations and effort shall be applied to resident education on the proper
procedures forJiandling cleanup and disposal of pollutants.
f. Ensure long*-term maintenance of all post-construction BMPs in perpetuity.
g. Identify how post-construction runoff rates and velocities from the site will not
exceed the pre-construction runoff rates and velocities to the maximum extent
practicable.
17. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a Tier 3 Storm Water Pollution
Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with
current requirements and provisions established by the San Diego Region of the
California Regional Water Quality Control Board and City of Carlsbad
MS 07-09
Requirements. The TIER 3 SWPPP shall address measures to reduce to the
maximum extent practicable storm water pollutant runoff during construction of
the project.
18. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer
receipt of a Notice of Intention from the State Water Resources Control Board.
Dedications/Improvements
19. Developer shall cause Owner to make an offer of dedication to the City for:
a) The public utility and access easement shown on the tentative parcel map.
b) The public street and utility easement for the proposed dedicated right turn
lane along on Avenida Encinas at the Project Driveway as shown on the
Tentative Parcel Map.
c) The pedestrian access easement for the proposed pedestrian ramps at the
Project Driveway as shown on the tentative parcel map.
',-**"„,"
d) The twenty feet wide coastal rail trail easement as shown on the Tentative
Parcel Map.
The offer shall be made by a certificate on the Parcel Map or separate recorded
document. All land so offered shall'be free arid clear of all liens and encumbrances and
without cost to the City. Streets that are\^(|ready public are not required to be
rededicated. *»
20. Developer shall cause Owner to execute covenants of reciprocal private easements for
private parking, drainage, storm drain facilities, and best management practices
(BMP) facilities for storm water treatment on each Parcel for the benefit of the
other three parcels, as shown on the Tentative Parcel Map. The obligation to
execute and record the covenants of reciprocal private easements shall be shown and
recording information called out on the Parcel Map. Developer shall provide City
Engineer with proof of recordation prior to issuance of building permit.
21. Developer shall obtain a private access easement from the adjacent property
owner to the South/for the proposed South Driveway as shown on the Tentative
Parcel Map. ^
22. Developer shall cause the property owner to process, execute and submit to the City
Engineer for recordation the City's standard deed restriction on the property which
relates to the cross-lot drainage as shown on the Tentative Parcel Map. The deed
restriction shall be in a form acceptable to the City Engineer and shall:
a) Clearly delineate the limits of the drainage course;
b) State the drainage course is to be maintained in perpetuity by the underlying
property owner; and
MS 07-09
c) State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
damage to the underlying and adjacent properties or the creation of public
nuisance.
23. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
recorded document, for maintaining the private easements within the subdivision and all
private improvements: paving, sidewalks, parking, street lights, storm water quality
treatment BMPs, and stormdrain facilities located therein and to distribute the costs of
such maintenance in an equitable manner among the owners of the properties within the
subdivision.
24. Additional drainage easements may be required. Developer shall dedicate and provide
or install drainage structures, as may be required; by*the City Engineer, prior to or
concurrent with any grading or building permit.
•>•
25. Developer shall provide the design of all private drainage systems to the satisfaction of
the City Engineer. Drainage systems shall be inspected by the^City. Developer shall pay
the standard improvement plan check and inspection fees.
26. Developer shall execute a City standard Subdivision Improvement Agreement to install
and secure with appropriate security as provided by law, public improvements shown on
the tentative map. These improvements include, but are not limited to paving, base,
sidewalks, curbs and gutters, grading, clearing and grubbing, under grounding or
relocation of utilities, sewer, water, fire hydrants, street lights, pedestrian ramps,
drainage structures, best management practices for storm water treatment, retaining
walls. Said improy,!ments shall be installed to City Standards to the satisfaction of the
City Engineer. Ivlore specifically, these improvements include:
a) Full half width improvements of Avenida Encinas, along the project
frontage, to secondary arterial standard, including but not limited to
driveways, paving, curb and gutter, sidewalk, stripping, under grounding or
relocation of utilities, water & sewer services, drainage structures, all
necessary transitions to existing improvements as shown on Tentative
Parcel Map.
b) Onsite potable public water lines and appurtenances as shown on the
Tentative Parcel Map.
c) Onsite public sewer lines and appurtenances as shown on the Tentative
Parcel Map.
d) Modification of the existing signalized intersection, including traffic signal
and stripping, at Avenida Encinas and Poinsettia Lane intersection to
provide three hundred and fifty feet long second southbound to eastbound
left turn lane on Avenida Encinas.
MS 07-09
e) Construct a two hundred and fifty feet long northbound dedicated right turn
lane on Avenida Encinas at the Project Driveway as shown on the Tentative
Parcel Map.
f) Construct a two hundred and fifty feet long southbound left turn lane on
Avenida Encinas at the Project Driveway as shown on the Tentative Parcel
Map.
g) Install a northbound right turn overlap traffic signal phasing at the
intersection of Avenida Encinas and Palomar Airport Road.
(A list of the above shall be placed on an additional map sheet on,the Parcel Map per
the provisions of Sections 66434.2 of the Subdivision Map Act). Improvements listed
above shall be constructed within 18 months of approval of the subdivision or
development improvement agreement or such other time as provided in said
agreement).
27. Developer shall prepare and process improvement plans and, prior to approval,
shall execute a City standard Subdivision Improvement Agreement to install and
secure with appropriate security as provided by law, public traffic signal
improvements shown on the tentative map. Said improvements shall be installed
to City Standards to the satisfaction of the City Engineer. More specifically, these
signal improvements include but are not limited to constructing a new fully
actuated traffic signal including all appurtenances and traffic signal interconnect
conduit and cable, at the intersection of Avenida Encinas and Project Access
Drive/Coaster Station Access Drive. Developer shall install the traffic signal only
with written authorization from the City Engineer. Developer shall pay the
standard improvement plan check and inspection fees. The improvements shall
be constructed within 18 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
28. Prior to issuance of building permits, Developer shall underground all existing overhead
utilities along project boundary.
Parcel Map Notes
Add the following notes to the Parcel Map as non-mapping data.
29. All improvements are privately owned and are to be privately maintained with the
exception of the following:
a) Full half width improvements of Avenida Encinas, along the project frontage,
to secondary arterial standard, including but not limited to driveways,
paving, curb and gutter, sidewalk, stripping, under grounding or relocation of
utilities, water & sewer services, drainage structures, all necessary
transitions to existing improvements as shown on Tentative Parcel Map.
MS 07-09
b) Onsite potable public water lines and appurtenances as shown on the
tentative parcel map.
c) Onsite public sewer lines and appurtenances as shown on the Tentative
Parcel Map.
d) Modification of the existing signalized intersection, including traffic signal
and stripping, at Avenida Encinas and Poinsettia Lane intersection to
provide a three hundred and fifty feet long second southbound to eastbound
left turn lane on Avenida Encinas.
e) Construct a two hundred and fifty feet long northbound dedicated right turn
lane on Avenida Encinas at the Project Driveway as shown on the tentative
map.
f) Construct a two hundred and fifty feet long southbound left turn lane on
Avenida Encinas at the Project Driveway as shown on the tentative map.
g) Install a northbound right turn overlap traffic signal phasing at the
intersection of Avenida Encinas and Palomar Airport Road.
30. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
31. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any diversion of waters, the alteration of the normal flow of surface waters
or drainage, or the concentration of surface waters or drainage from the drainage system
or other improvements identified in the City approved development plans; or by the
design, construction of maintenance of the drainage system or other improvements
identified in the City approved development plans.
32. Geotechnical Caution:
a) C|he owner of this property on behalf of itself and all of its successors in interest
has agreed to hold harmless and indemnify the City of Carlsbad from any action
that may arise through any geological failure, ground water seepage or land
subsidence ?,and subsequent damage that may occur on, or adjacent to, this
subdivisio*nidue to its construction, operation or maintenance.
33. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or the City Landscape Manual.
Utilities
34. Prior to approval of improvement plans or Parcel Map, Developer shall meet with the
Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations,
building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
MS 07-09
considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
35. The Developer shall design and construct public facilities within public right-of-way or
within minimum 20-foot wide easements granted to the District or the City of Carlsbad.
At the discretion of the District Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
36. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Water
Authority capacity charge(s) prior to issuance of Building|Permits.
37. The Developer shall design landscape and irrigation plans utilizing recycled water as a
source and prepare and submit a colored recycled water use map to the Planning
Department for processing and approval by the DistricttEngineer.
38. The Developer shall install potable water and recycled "water services and meters at a
locations approved by the District Engineer. The locations,of said services shall be
reflected on public improvement plans.
39. The Developer shall install sewer laterals and clean-outs at a location approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
40. The Developer shall design and construct public water, sewer and recycled water
facilities substantially as shown on the site plan to the satisfaction of the District
Engineer.
Code Reminder
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
A. Theistentative parcel map shall expire two years from the date of approval by the City
engineer^
B. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on
the Site Plan arerfor planning purposes only. Developer shall pay traffic impact and
sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad
Municipal Code^fespectively.
The City Engineer has reviewed each of the exactions imposed on the developer contained in
these conditions of approval, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and degree of
the exaction is in rough proportionality to the impact caused by the project.
If you have any questions, you may contact Tecla Levy at (760) 602-2733.
MS 07-09
Robert T. Johnson, Jr., PE
City Engineer
by: David A. Mauser, PE
Deputy City Engineer
c: Tecla Levy, Assistant Engineer
Senior Engineer, Glen Van Peski
Project Planner, Van Lynch
Fire Department, Gregory Ryan
File.
October 1, 2008 £>
Planning Commissioners: \^> Caristad
*
I would like to take this opportunity to express our heartfelt thanks to the
commissioners for taking the time to carefully investigate this matter. Most of all we
would like to thank Commissioners Boddy, Douglas, Dominquez, and Montgomery for
actually listening to our concerns and taking them seriously
o> C0
g OCT 2008
^i Planning Department
fee
The rest of this letter is in response to the supposed answers to my letter dated
September 13, 2008 by Mr. Lynch at the September 17th meeting, and other comments
made by him or Mr. Hoehns representative at that meeting and the one on September 3rd.
To my first statement that said the surrounding residential was ignored, he said staff
only went to the transportation corridor because no impact was noted to the residential
area. There obviously is MAJOR impact as even some of you brought out. Ms. Boddy
said "There is no doubt that this project would produce more light, more noise, and more
traffic than a well designed office project... what is the justification for changing the land
use?" Mr. Dominquez called it a "gut check" to see how close we are to the proposed
project. Mr. Montgomery said "there is impacts there, not just on a small group of
houses... the Poinsettia Commons would be impacted also." Even Mr. Whitton agreed
about the potential noise though his opinion was that it would not be intrusive.
On my second point Mr. Lynch mentioned, but did not address, the problem of
employee and delivery traffic coming and going outside the windows of our homes. I
was not speaking of the unloading, but the actual arriving and driving in and out of the
driveway. At the last meeting it was said that car transports would arrive during hours of
operation. Than they said there would be a chance they would arrive outside those hours.
Later he stressed that that entrance would be open 24 hours a day, as though this were a
good thing. All the employees for the service area will be arriving outside our bedroom
window every day before 7 AM, after that first wave would be all the other employees,
some 300 of them by Mr. Hoehns estimation, all using that driveway. The trucks would
be gearing down to make the turn, clanking and banging just going into the driveway. To
say we would not hear this is false.
We hear birds in that lot, we hear people talking as they ride their bikes down Avenida
Encinas. How would we not hear all of this? They said the extra traffic would be
mitigated because the traffic would be spread out. What about the 300 employees?
Would they not be coming in the morning and leaving in the evening?
On my third point Mr. Lynch said we would be looking flat across. That is not true.
Our living room and Master Bedroom are upstairs. We look out OVER the property.
Mr Lynch's replies to Johnson and Hanson's points were also inadequate. As far as
the study ignoring the residential areas, Mr. Lynch said "none of the technical reports
identified any impacts beyond the transportation corridor into the residential areas." The
technical reports were all done by Mr. Hoehns people. As Mr. Dominquez said "this is
an applicant or developer driven process.." Studies paid for by the developer must be
viewed with skepticism.
In his reply to Johnson and Hanson's point about aesthetics, Mr. Hoehns
representative said this "appears to be professional office buildings with a parking lot
containing lighting just as any other parking lot would contain." Wrong again.
According to your own O Office Zone spec's, No. 16,5-06, on page 624b it says "A
minimum often percent of that portion of the site devoted to UNCOVERED PARKING
shall be landscaped. Landscaping shall be designed so as to offer relief from the
monotony of rows of parked cars, and to create an OVERHEAD CANOPY. A minimum
of one fifteen-gallon tree per five parking stalls shall be required in the parking area." It
was made clear at the September 3rd. meeting that they will not use canopy trees because
they will get the cars dirty. When you look at office parking lots in the area at night you
will see that the canopy trees further block light, as well as screen the buildings to give a
pleasant look. Even you're P-M Planned Industrial Zone guidelines state "the proposed
development shall be compatible with existing and planned surrounding land uses... It
shall not constitute a disruptive element to the community." Also "All uses shall be
operated so as not to produce.. .glare or high-intensity illumination which is perceptible
WITHOUT INSTRUMENTS BY THE AVERAGE PERSON WHILE ON OR
BEYOND THE LOT CONTAINING THE USE." So, you see, this would be very
different than any office or light industrial use going by the standards the City of
Carlsbad have in place.
Johnson and Hanson also made a point about the project "significantly impacting the
views toward the ocean" of the folks in Alta Mira. Mr. Lynch only answered that the
views would not be "restricted" or blocked. That is not the same thing as "impacting" or
ruining such views.
Mr. Hoehns representatives keep saying that the noise from the train would "cancel
out" noise from this project, that "the railroad dominates the picture." The sound
engineer said if you compare all the decibels, it's "still just the rail noise". This is
another falsehood on the part of these people. Johnson and Hanson said "noise from the
train tracks.. .occurs only a few times a day, and then only for a few seconds". Mr.
Lynch ignored this part. It takes an average of 10 seconds for the Coaster and the
Amtrack trains to go by. If you figure all the trips Mr. Hoehns people mentioned, it
comes to a total of about 9 minutes a day. That would hardly 'cancel out" 14 hours, or
more, a day of noise. Mr. Hoehns people further said that this "area comes alive at 5:30
AM with the coaster". I challenge you to come out here at 6AM, or even 7AM. Yes, the
coaster has stopped here, but the area is certainly not "alive".
Now, let's go on to the light issue. Mr. Hoehns people said, "the light that
THEORETICALLY predicted by the model, that would spill over into the project site,
would be ROUGHLY, MY GUESS, is about Vfc foot-candle, this is far less than the light
that is already out there". Also, there would be "no increase of light beyond the property
lines of the project". The light "already out there" is close to none. There is not even a
lightning bug on that property, nor are there any street lights for that area. Adding 28
acres of well lit buildings and parking lots to this property will increase light and glare
tremendously. I found it interesting that, as example pictures of parking lot lights, he
showed the Coaster station, not an office complex. Different lighting. Also, I object to
their attempts to minimize the lighting impact by saying that a foot- candle is the amount
of light a "birthday cake" candle would produce at 1 foot. Mr. Hoehns people kept
referring to a "birthday cake candle" on September 3rd. The true definition of foot-
candle is "the illumination on a surface placed one foot from THE STANDARD candle."
They are deliberately trying to minimize it in the minds of all of us. Also, did you know
that light from a standard candle can be seen for about 43 miles at minimum brightness
by the human eye? It does not have to be shining right into our eyes for us to see it.
They also stress that the bright lights would be turned off at 9PM. What about the 2-5
hours EVERY NIGHT that they would be at full power right outside our windows?
Wikipedia has information on a type of light pollution called "skyglow". It is the kind of
light pollution visible in the skies over many cities and towns as a dome of light. It said
due to skyglow, people who live in urban areas see thousands fewer stars than in an
unpolluted sky. It said when the air is clear, blue or white light (for example from metal
halide lights) contributes significantly more to skyglow than an equal amount of yellow
light ( for example high and low pressure sodium vapor lights). This project would
add to the skyglow every evening. We would not have that with an office complex.
I also question things that were said on September 17th about an EIR. The attorney
said WE must "present fair argument that there would be SIGNIFICANT impacts", also
there "must be SUBSTANTIAL evidence that the project will result in SIGNIFICANT
impact". WE must provide "relevant information" and the commission was to "consider
the reliability of (our) information". What about the reliability of Mr. Hoehn's
information? And why are you not defending your own General Plan? Why are you
putting it on the shoulders of the citizens? Why was an EIR required for the Pionsettia
Commons project and not this much larger one?
The City of Berkeley was also considering the issue of auto dealerships. The
information is on the web. They referred to the City of Santa Monica. They
commissioned a study of the existing dealerships to identify the problems and determine
possible ordinance implementation methods. The study found that the main issues with
existing dealerships were the spill over effects of dealership operations into adjacent
neighborhoods. It said the City of Palo Alto also considered zoning changes. The city
applied the Auto Sales Dealership Combining District to portions of the Limited
Manufacturing district NOT adjacent to low- density residential districts.
As you can see, this is not a unique situation. Our objections to this project are not
unusual or frivolous. We are not anti development. We are not just having fun arguing
with you because we have nothing better to do, as the city attorney suggested at the
September 17th meeting. This project WILL seriously impact the quality of life for
everyone who lives in this section of coastal corridor. Once the City approves this
project, you can all just forget about it and the city can enjoy its revenue. But we will be
the ones actually paying for it, having to live with this thing EVERY night and EVERY
morning from here on out.
I see that four of you who voted against this project have been criticized because of
the amount of revenue the city would receive if it went through. Making more money
does not change a wrong to a right. For example, in a family, the parents have the
responsibility to provide financially for their children. But just making money at the
expense of spending time with their children does not make for a successful family. The
children have emotional needs as well. A responsible parent balances the two.
So a responsible city does not just look at the money it can make, but balances that
with the needs and well being of its citizens.
If this radical change in the General Plan was for something that made money and was
for the well being of the citizens in general, that would be a different matter. As it is, the
only one benefiting from this project will be Mr. Hoehn. Again, the citizens all along this
strip of coastal corridor will be the ones paying for it in loss of peace in our own homes
and yards, gone will be our peaceful evenings and weekends, as well as lost property
values. PLEASE DO NOT DO THIS TO US!!!!!
Sincerely,
Melinda and Ken Vallone