HomeMy WebLinkAbout1995-12-06; Planning Commission; Resolution 38440 0
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PLANNING COMMISSION RESOLUTION NO. 3844
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING CERTIFICATION OF A PROGRAM
THE CARLSBAD RANCHSPECIFIC PLANAMENDMENT
AND RELATED APPLICATIONS ON PROPERTY
GENERALLY LOCATED NORTH OF PALOMAR
AIRPORT ROAD, SOUTH OF THE FUTURE CANNON
ROADEXTENSION, EXCEPTINGAPPROXIMATELY 24.2
ACRES LOCATED ON THE NORTH SIDE OF CANNON
ROAD, EAST OF PASEO DEL NORTE AND WEST OF
LOCAL FACILITY MANAGEMENT ZONES 5 AND 8.
CASE NAME CARLSBAD RANCH/LEGOLAND
CASE NO: EIR 94-01
WHEREAS, the Carltas Company has filed a verified application for 4
ENVIRONMENTAL IMPACT REPORT, EIR 94-01, FOR
SPECIFIC PLAN AMENDMENT
property, to wit:
A portion of Lots "G" and "H" of Rancho Agua Hedionda, in the City
map thereof No. 823, filed in the Office of the County Recorder of San
Diego County November 16,1896; and Lots 1,2,7, and 8 of Carlsbad
Tract No. 92-7 (Carlsbad Ranch Unit 1 and 2), in the City of
Carlsbad, County of San Diego, State of California, according to the
map thereof No. 13078, filed in the Omce of the County Recorder of
San Diego County on December 28,1993; and Lots 9-14, inclusive of
Carlsbad Tract No. 92-7 (Carlsbad Ranch Unit 3), in the City of
Carlsbad, County of San Diego, State of California, according to the
map thereof No. 13215, filed in the Office of the County Recorder of
San Diego County on June 30,1995
I of Carlsbad, County of San Diego, State of California, according to the
with the City of Carlsbad, which has been referred to the Planning Commission; an
WHEREAS, said application constitutes a request for approval
Carlsbad RanchLEGOLAND Specific Plan Amendment Project ("Project") as is mol
described in the Final Program Environmental Impact Report, EIR 94-01 as provi
Chapter 19.04 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 6th day of December
hold a duly noticed public hearing as prescribed by law to consider said request; a1
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WHEREAS, at said public hearing, upon hearing and considering all tesf
and arguments, if any, of all persons desiring to be heard, said Commission conside.
factors relating to the project; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1;
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That the Final Program Environmental Impact Report consists of the
Environmental Impact Report, EIR 94-01, dated November 1995, appel
written comments and responses to comments, as amended to inch
comments and documents of those testiMng at the public hearin
responses thereto hereby found to be in good faith and reas
incorporating a copy of the minutes of said public hearings into the rep
on file in the Planning Department incorporated by this referenc
collectively referred to as the "Report".
C) That the Environmental Impact Report EIR 94-01 as so amende
evaluated is recommended for acceptance and certification as thc
Environmental Impact Report and that the final Environmental 1
Report as recommended is adequate and provides reasonable informal
the project and all reasonable and feasible alternatives thereto, includ
project.
D) That among the alternatives evaluated, it is recommended that the ;
which incorporates mitigation measures as discussed below, be appro1
implementation.
E) That based on the evidence presented at the public hearing, the Comr
RECOMMENDS CERTIFICATION of Program Environmental :
Report, EIR 94-01; APPROVAL of the Candidate Findings of Fact ("
Findings") dated December 6,1995, attached hereto marked Exhibit "Ka
incorporated by this reference; APPROVAL of the Statement of 0ve1
Considerations ("Statement") dated December 6, 1995, attached
marked Exhibit "K-1" and incorporated by this references; and APPR
of the Mitigation Monitoring and Reporting Program ("Program")
December 6,1995, attached hereto marked Exhibit "L-1" and incorpor;
this reference; and based on the following findings and subject
following conditions.
Findings:
1. The Planning Commission does hereby find that the Report, the CEQA Fi:
the Statement, and Program have been prepared in accordance with requirern
PC RES0 NO. 3844 -2-
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the California Environmental Quality Act, the State EIR Guidelines, ar
Environmental Review Procedures of the City of Carlsbad.
2. The Planning Commission of the City of Carlsbad has reviewed, analyze
considered Final Program EIR 94-01, the environmental impacts therein ide.
for this project; the Candidate Findings of Fact ("Findings" or "CEQA Finding2
the Statement of Overriding Considerations attached hereto as Exhibit "K-:
Mitigation Monitoring and Reporting Program ("Program") attached hem
Exhibit "L-1", both of which are incorporated herein by this reference, PI
recommending approval of the project.
3. The Planning Commission finds that Final Program EIR 94-01 reflec
independent judgment of the City of Carlsbad Planning Commission.
4. The Planning Commission does hereby recommend approval, accept as it:
incorporate as if set forth in full herein, and make each and every one of the fi
contained in the "Candidate Findings of Fact" (Exhibit "K-1").
5. As is more fully identified and set forth in Final Program EIR 94-01 and
Candidate Findings of Fact, the Planning Commission hereby finds pursu
Public Resources Code Section 21081 and CEQA Guidelines Section 15091 tl
mitigation measures described as feasible in the above referenced documen
feasible, and will become binding upon the entity assigned thereby to imp1
same.
6. As is also noted in the above referenced environmental documents described
above finding number 4, each of the alternatives to the project which were ide
as potentially feasible in Final Program EIR 94-01 are found not to be feasiblc
they could not meet both the objectives of the project and avoid the ide
significant environmental effects through implementation of feasible mitj
measures for the reasons set forth in said Candidate Findings of Fact.
7. As required by the Public Resources We Section 21081.6, the Pl
Commission hereby recommends adoption of the Mitigation Monitorin
Reporting Program ("Program") (Exhibit "El"). The Planning Commission
finds that the Program is designed to ensure that during project implementati
developer and any other responsible parties implement the project compone~
comply with the feasible mitigation measures identified in the Candidate Find
Fact and the Program.
8. Even after the adoption of all feasible mitigation measures and any 6
alternatives, certain significant or potentially significant environmental effects
by the project, will remain. Therefore, the Planning Commission recommenl
the City Council of the City of Carlsbad hereby issue, pursuant to Section l!
the CEQA Guidelines, the Statement, which identifies the specific economic,
and other considerations that render the unavoidable significant 2
environmental effects acceptable.
PC RES0 NO. 3844 -3-
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9. The Record of Proceedings for this project consists of the following:
a) The Report, CEQA Findings, Statement and Program;
b) All reports, applications, memoranda, maps, letters and other pl
documents prepared by the planning consultant, the project Applica
environmental consultant, and the City of Carlsbad that are befc
decisionmakers as determined by the City Clerk;
c) All documents submitted by members of the public and public agen
connection with the EIR on the project;
d) Minutes and verbatim transcripts of all workshops, public meetin8
public hearings; and
e) Matters of common knowledge to the City of Carlsbad which they COI
including but not limited to, the Carlsbad General Plan, Carlsbad i
Ordinance, and Local Facilities Management Plan, which may be fo
City Hall located at 1200 Carlsbad VWage Drive and the Comn
Development Office located at 2075 Las Palmas Drive in the custody
City Clerk and Director of Planning.
Conditions:
1. Refer to attached Exhibit "L-1", Mitigation Monitoring and Reporting Progra
the mitigation measures and monitoring programs applicable to development
Carlsbad Ranclh/LEGOLAND Specific Plan Amendment Project.
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PC RES0 NO. 3844 -4-
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I PASSED, APPROVED, AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, California, held on the 6th day of Der
1995, by the following vote, to wit:
AYES: Chairperson Welshons, Commissioners Compas, Nielsen,
and Savary
NOES: Commissioner Erwin and Monroy
ABSENT: None
ABSTAIN None
KIM' WELSHONS, Chairperson
CARLSBAD PLANNINGkOMMI
ATTEST:
MICHAEL JXOLHMILLER
Planning Director
1 PC RES0 NO. 3844 -5-
e @ EXHll
December
CARLSBAD RANCH SPECIFIC PLAN AMENDMENT PROGRAM EIR
FINAL CEQA FINDINGS OF FACT
and
STATEMENT OF OVERRIDING CONSIDERATIONS
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TABLE OF CONTENTS
PAGE
INTRODUCTION ....................................... 3
PROJECT DESCRIPTION ................................. 4
PROGRAM EIR ....................................... 10
RECORD OF PROCEEDINGS ......................... : ... 11
TERMlNOLOGYflHE PURPOSE OF FINDINGS
UNDERCE QA ........................................ 12
LEGAL EFFECT OF FINDINGS ............................ 13
MITIGATION MONITORING PROGRAM ...................... 13
IMPACTS DETERMINED TO BE INSIGNIFICANT ............... 13
DIRECT SIGNIFICANT EFFECTS AND MITIGATION MEASURES .......................................... 17
A . B . C .
D . E . F . G .
H . I . J .
AirQuality ...................................... 19 Archaeological and Paleontological Resources ............ 20
Biological Resources .............................. 22
Traffic/Circulation ................................. 24 Hazardous Waste/Pesticide Residue ................... 26 Land Use Compatibility ............................. 28
Noise ......................................... 29
Public Services and Utilities ......................... 29 Solid Waste ..................................... 30 visual Aesthetics/Grading ........................... 31
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TABLE OF CONTENTS
(Continued)
PAGE
X . CUMULATIVE SIGNIFICANT EFFECTS AND MITIGATION
MEASURES .............................................. 32
A . B . C . D . E .
F .
G .
H .
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K . L .
Agricultural Resources ............................. 32 Air Quality ...................................... 32
Archaeological and Paleontological Resources ............ 34
Biological Resources .............................. 36
Traffic/Circulation ................................. 37 Hazardous Waste/Pesticide Residue ................... 39 Land Use Compatibility ............................. 40 Noise .......................................... 40 Public Services and Utilities ......................... 41 Solidwaste ..................................... 42 Visual Aesthetics/Grading ........................... 43 Water Quality .................................... 43
XI . FEASIBILITY OF POTENTIAL PROJECT ALTERNATIVES ............... 44
XI1 . STATEMENT OF OERRIDING CONSIDERATIONS .................. 54
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BEFORE THE CARLSBAD CITY COUNCIL
RE: Carlsbad Ranch Specific Plan Amendment
FINDINGS OF FACT
I.
INTRODUCTION
The Final Program Environmental Impact Report (FPEIR) prepared on this project addressed the potential environmental effects of developing 471.60 acres of land and improvements to the I-5/Cannon Road interchange. The Carlsbad Ranch Specific Plan
Amendment submitted by The Carltas Company contained both a land use plan and policy language to guide the long-term development of 447.40 acres. The Specific Plan
Amendment proposes a mix of office, research and development, related light
manufacturing, commercial, hotel, destination resort, golf course, agriculture, a vocational school campus, and LEGOLAND Carlsbad. Additionally, the proposed project involves the development of a portion of the proposed golf course on a 24.2 acre parcel under
SDG&E ownership, and improvements to the "Cannon Road interchange.
In addition to the Carlsbad Ranch Specific Plan Amendment, the FPEIR evaluated three alternatives to the proposed project. These included the No ProjecVNo Development Alternative, the Development Under Existing Carlsbad Ranch Specific Plan Designations Alternative, and the Alternative Location.
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PROJECT DESCRIPTION
The Carlsbad Ranch Specific Plan Amendment area contains a total of 447.40 acres. Th( purpose of the Carlsbad Ranch Specific Plan Amendment is to provide a cornprehensivc
set of guidelines, regulations, and implementation programs for guiding and ensuring thc orderly development of the Carlsbad Ranch in accordance with the City’s General Plan The specific plan defines the allowable type and intensity of land use, provides detailec
development and design standards and criteria, and describes the method by which tht
Carlsbad Ranch Specific Plan Amendment will be implemented.
City Council adoption of the specific plan will establish the zoning and developmenl
standards for this property. The Carlsbad Ranch Specific Plan Amendment will ensure thal the subject property is developed in full accordance with the City of Carlsbad General Plan,
Local Coastal Program - Mello I1 Segment, Zone 13 Local Facilities Management Plan McClellan-Palomar Airport Comprehensive Land Use Plan, and Land Conservatior Contract 76-1.
The proposed land uses for the Specific Plan reflect a mix of non-residential uses Proposed uses include office, research and development, related light manufacturing commercial, hotel, destination resort, golf course, agriculture, a vocational school campu! and LEGOLAND Carlsbad.
Gemological Insme of America (Planning Area 1)
The Gemological Institute of America (GIA) planning area consists of 28.93 net acres located in the northwest portion of the specific plan on the corner of LEG0 Drive and Cannon Road. The GIA planning area is proposed for a vocational campus including
classroom facilities, auditoriums, research and laboratory facilities, libraries, administrative
offices, manufacturing, warehousing, museum, bookstore, dining and recreational facilities,
and dormitories. A total of 550,000 square feet of building is proposed within this area. The GIA currently has an approved site development plan permit for this planning area. The Site Development Plan was approved pursuant to the existing Carlsbad Ranch Specific
Plan (Sp207).
Resemh & Development/me (Planning Area 2)
The Research & Development/Office planning area consists of 40.01 net acres located in
the central portion of the specific plan, south of Planning Area 1 on the east side 01
Armada Drive. A combination of approximately 300,000 square feet of office and
approximately 500,000 square feet of research and development uses are proposed within
this area.
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Cornmq Hotel & Retail (Pl&g Area 3)
The Community Hotel & Retail planning area consists of 10.48 net acres located south oi
Planning Area 2 on the west side of Armada Drive overlooking the flower fields. A
mixture of retail, lodging, timeshare, and office uses are proposed in this area which would
consist of a 280 room hotel, and 20,000 square feet of retail.
LEGOLAND Cmlsbad (Planning Area 4)
The LEGOLAND Carlsbad planning area consists of 128.32 net acres proposed within the
southeast quadrant of the specific plan, The LEGOLAND Carlsbad planning area is a
themepark which features LEG0 models and child oriented activities for children in the
2-13 age group and their families. This area will consist of parking, an inner park of active
and passive clusters, an outer park and service and administration area. A total of 425,750
square feet of building area is proposed within this area.
Resort (Plmyzing Area 5)
The Resort planning area consists of 52.8 net acres located north of Planning Area 4 at the
eastern edge of the specific plan. A full-service destination resort which may include up
to 700 suites, meeting space, restaurants, recreation and associated facilities is proposed within this planning area. The resort architecture will be
compatible with the same Mediterranean architectural vocabulary prevalent throughout the
specific plan except within the LEGOLAND Carlsbad inner park. Architectural features will include sloping tile roofs, terraces, arches, and elevated walkways connecting the various buildings. A golf course open to the public is proposed below the resort.
Spew Retail (Plmuring Area 6)
The Specialty Retail planning area consists of 26.65 net acres located on the east side of
Paseo Del Norte. This western-most portion of the specific plan below the flower fields
and adjacent to Paseo Del Norte will be developed as a specialty retail center. Buildings will be designed and oriented to allow for views of the flower fields to the east. A total of 300,000 square feet of specialty retail is proposed within this area.
Flower Fieh (Planning Area 7)
The Flower Fields planning area consists of 53.42 acres located east of Planning Area 6, west of Planning Areas 2 and 3 and north of Palomar Airport Road. This area will
continue its existing use as flower fields.
Golf Come (Plmuling Area 8a, 8b)
The golf course planning area consists of a total of 72.07 net acres located on the south side of Cannon Road in the northern portion of the specific plan. The golf course is planned as a nine-hole course open to the public. Access between the eastern and western
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parts of the golf course will be provided on the SDG&E property on the north side ol
Cannon Road.
Natural Open Space (Planning Area 9)
The Natural Open Space planning area consists of 10 net acres and is located east ol Planning Area 5 in the northeast corner of the specific plan. This area consists of steer slopes covered with native vegetation. No grading or construction is proposed in this area
Planning Area 9 will remain in its existing condition.
SDG&E Parcel
Approximately 21.16 acres of area north of Cannon Road and outside of the specific p1a1
boundary is proposed as a link between the two golf course areas. This parcel is propose(
to be developed with approximately 2 golf course holes, in addition to providing golf car
and pedestrian access to the golf course planning areas 8a and 8b. Additionally, 3.04 acre! south of Cannon Road adjacent to the northeastern corner of the Carlsbad Ranch arc proposed to provide access to the Resort Planning Area.
This area will be subject to approval of a Conditional Use Permit when development plan
for the golf course are available.
Interstate S/Cannon Road Interchange Improvements
A component of the proposed project will consist of improvements to the Interstatc 5/Cannon Road interchange which will include widening the existing interchange ramps metering the entrance ramps, signalizing and channelizing the local street and ramp termin
intersections, and construction of merge lanes on Interstate 5 north and south of thc
Cannon Road Interchange. A Project Study Report (PSR) has been prepared for thc proposed interchange improvements component of the project by Caltrans. The PSF describes in detail the geometric improvements for the interchange. Cannon Road will bc
extended from its existing terminus at Car Country Drive to serve the project site.
The Project objectives as set forth in the FPEIR are hereby incorporated by this reference
(FPEIR, p.3-7 through 3-12) In arriving at its final decision, the decisionmakers took intc
consideration objectives set forth in the FPEIR.
The discretionary actions taken by the decisionmakers in approving this Project are:
1. General Plan and Local Coastal Plan Amendment (Mello I1 Segment). Thc
applicant is requesting an amendment to the General Plan and Local Coasta Plan (Mello 11 Segment). The amendment consists of a change to thc
General Plan and Local Coastal Plan Land Use Designations shown 01 Figure 3-4 to the proposed designations shown on Figure 3-5 of the FPEIF (p.3-15,3-16). Also proposed is an amendment to the circulation element tc replace Hidden Valley Road with Armada Drive. An amendment to the tex of the Mello I1 Segment of the Local Coastal Plan is also proposed.
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Zone Change. The proposed project will require a zone change to change the existing zoning designations of the project site to make the zoning consistent with the proposed General Plan and Local Coastal Plan
designations. The existing zoning designations are shown in Figure 3-6 and
the proposed designations are shown in Figure 3-7 of the EIR (p. 3-17,3-18).
Carlsbad Ranch Specific Plan Amendment. The applicant is requesting an amendment to the adopted Carlsbad Ranch Specific Plan which increases the land area of the original specific plan by 23.89 acres. This increase includes the transfer of 20.56 acres from Zone 5 to Zone 13 which is located along
the southeast boundary of the project and the inclusion of 3.33 acres south
of Cannon Road. The amendment also changes the proposed land uses for the Specific Plan. Although some of the uses will be similar in type to the
original Carlsbad Ranch Specific Plan, there will be a significantly reduced
office/research & development component and the focus of the project will
be recreational, retail, and visitor serving land uses.
Local Facilities Management Plan Amendment (Zone 13). The amendment
is required to reflect proposed refinements in land use and adjustments to the Zone 13 boundary. The boundary adjustment incorporates an area which was formerly within Zone 5.
Cancellation of a Land Conservation Contract (Williamson Act) on portions
of the property and an amendment to the Preserve Boundaries. The
proposed project includes the request for cancellation of the Williamson Act
Land Conservation Act Contract on approximately 181.2 acres. The boundaries of the agricultural preserve will be revised to cover only the acres
remaining under contract.
Master Tentative Map. The applicant is requesting approval of a Master
Tentative Map for the Specific Plan. A tentative map will be required for
implementation of proposed development as analyzed in this document. The tentative map is required for all subdivisions creating five or more parcels pursuant to Government Code Section 66426.
Non-Residential Planned Unit Development Permit. A Non-residential Planned Unit Development Permit is proposed to allow for Street "D within Planning Area 2 (Research and Development/Office) to be a private street with special design features.
Hillside Development Permit. Proposed grading of the project site must be in conformance with the City's Hillside Development Ordinance. The purpose of this permit is to review this conformance.
Development Agreement. The applicant is requesting approval of a
Development Agreement. Approval of a Development Agreement would provide the City of Carlsbad and the applicant certain assurances that, during
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the specified term of the Development Agreement, the various elements oi the Carlsbad Ranch Specific Plan can be developed in accordance with the Specific Plan and other City rules, regulations and requirements in effect on
the effective date of the Development Agreement.
10. Street Vacation for a portion of Armada Drive associated with proposed
alignment changes to this roadway. The proposed project will require a
vacation of a portion of Armada Drive due to the plan’s proposed
realignment of this roadway.
Discretionary Actions - SDG&E Parcel
The following provides a list of the actions/approvals that will be under consideration b]
the City Council related to the SDG&E parcel component of the proposed project, and a
analyzed in this EIR.
1. Zone Change. Currently, the site has a zoning designation of P-U (Public
Utilities) with a general plan designation of OS (Open Space). Since tht
zoning designation is inconsistent with the general plan designation, a zont
change is required to maintain general plan and zoning consistency. Tht
proposed zone change will be from P-U to 0-S for the 24.2 acre site and wil
allow for the development of the two holes of golf north of Cannon Road.
2. Local Coastal Plan Amendment (Agua Hedionda Segment). Minor change! to the Agua Hedionda Lagoon segment of the Local Coastal Plan art
required to allow for the development of the two golf holes north of Cannor
Road ,on the SDG&E property. In addition the Local Coastal PlaI Amendment includes the Zone Change as the Zoning is the implementinl ordinance for the Local Coastal Plan.
3. SDG&E Specific Plan Amendment. Amendment to the boundaries of tht SDG&E Encina Specific Plan. The amendment to the SDG&E Encin; Specific Plan will be to remove 24.2 acres from the specific plan area. Thr existing Encina Specific Plan consists of an approving ordinance and a lanc use map. The revised land use map will supersede the current map an( become a part of the existing Encina Specific Plan.
Subsequent discretionary approvals that will be required prior to development in thc specific plan will include one or more of the following:
e Site Development Plan
e Coastal Development Permit
e Non-Residential Planned Development
e Conditional Use Permit
e Tentative Map
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Subsequent discretionaly approvals that will be required prior to development in the area north of Cannon Road Includes one or more of the following:
0 Conditional Use Permit
0 Coastal Development Permit
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111. PROGRAM EIR
A program EIR is an EIR which may be prepared on a series of actions that can be characterized as "one large project" and are related either: (1) geographically; (2) as logical parts in the chain of contemplated actions; (3) in connection wth the issuance of
program; or (4) as individual activities carried out under the same authorizing statutory 01 regulatory authority and having generally similar environmental effects which can be mitigated in similar ways (CEQA Guidelines, 14 Cal. Code Reg. Q 15168, subd. (a).)
Use of a program EIR can provide the following advantages. The program EIR can: (1) provide an occasion for a more exhaustive consideration of effects and alternatives than would be practical in an EIR on an individual action; (2) ensure consideration oj cumulative impacts that might be slighted in a case-b -case analysis; (3) avoid duplicative reconsideration of basic policy considerations; and (4{ allow the Lead Agency to considel broad policy alternatives and program-wide mitigation measures at an early time when the agency has greater flexibility to deal with basic problems of cumulative impacts; and 5' allow reduction in paperwork. (CEQA Guidelines, 14 Cal. Code Reg. $ 15168, subd. (b .I
"Use of the program EIR also enables the Lead Agency to characterize the overall progran:
as the Project being approved at that time. Following this approach when indiwdud activities within the program are proposed, the agency would be required to examine the individual activities to determine whether their effects were fully analyzed in the program EIR. If the activities would have no effects beyond those analyzed in the program EIR, the agency could assert that the activities are merely part of the program which had beer; approved earlier, and no further CEQA compliance would be required. This approach offers many possibilities for agencies to reduce their costs of CEQA compliance and still achieve high levels of environmental protection." (CEQA Guidelines, 14 Cal. Code Reg.: discussion following Q 15168).
rules, regulations, plans, or other general criteria to govern the conduct of a continuing
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The CEQA Guidelines provide that the "degree of specificity required in an EIR will correspond to the degree of specificity involved in the underlying activity." (Guidelines Section 15146.)
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IV. ' CORD OF PROCEEDINGS
For the purposes of CEQA and the findings set forth below, the administrative record o the City Council decision on the environmental analysis of this Project shall consist of thc following:
- The Draft and Final Program EIR for the Project, including appendices an(
- All reports, applications, memoranda, maps, letters and other planninl
technical reports;
documents prepared by the planning consultant, the project Applicant, tht environmental consultant, and the City of Carlsbad that are before tht decisionmakers as determined by the City Clerk;
- All documents submitted by members of the public and public agencies ir
- Minutes and verbatim transcripts of all workshops, public meetings anc
connection with the EIR on the Project;
public hearings held by the City of Carlsbad, or video tapes where transcript: are not available or adequate;
- Any documentary or other evidence submitted at workshops, public meeting!
- Matters of common knowledge to the City of Carlsbad which they consider
and public hearings; and
including but not limited to, the following:
- Carlsbad General Plan - Carlsbad Zoning Ordinance
e Local Facilities Management Plan
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V. RMINOLOGY/THE PURPOSE OF FINDINGS UNDER CEQG
Section 15091 of the CEQA Guidelines requires that, for each significant environmental effect identified in an EIR for a Project, the approving agency must issue a written finding
alterations have been required in, or incorporated into, the Project which avoid 01 substantially lessen the significant environmental effect as identified in the final EIR.' (emphasis added.) The second potential finding is that "[sluch changes or alterations are within the responsibility and jurisdiction of another public agency. and not the agenq making the finding. Such changes have been adopted by such other agency or can anc should be adopted by such other agency." The third permissible conclusion is thar "[slpecific economic, social or other considerations make infeasible the mitigation measures or Project alternatives identified in the final EIR."
Regarding the first of three potential findings, the CEQA Guidelines do not define the difference between "avoiding" a significant environmental effect and merely "substantially lessening" such an effect. The meaning of these terms, therefore, must be gleaned from other contexts in which they are used. Public Resources Code Section 21081, on which CEQA Guidelines section 15091 is based, uses the term "mitigate" rather than "substantially lessen." The CEQA Guidelines, therefore, equate "mitigating" with "substantially lessening." Such an understanding of the statutory term is consistent with Public Resources Code section 21001, which declares the Legislature's policy disfavoring the approval of projects with significant environmental effects where there are feasible mitigation measures 01 alternatives that could "avoid or substantially lessen" such significant effects.
For purposes of these findings, the term "avoid shall refer to the ability of one or more mitigation measures to reduce an otherwise significant effect to a less-than-significant level. In contrast, the term "substantially lessen" shall refer to the ability of such measures to substantially reduce the severity of a significant effect, but not to reduce the effect to a level of insignificance. Although CEQA Guidelines section 15091 requires only that approving agencies specify that a particular significant effect is "avoid[ed] ar substantially lessen[ed]," these findings, for purposes of clarity, will specify whether the effect in question has been fully avoided (and thus reduced to a level of insignificance) or has been substantially lessened (and thus remains significant).
The purpose of these findings is to systematically restate the significant effects of the Project on the environment identified in the Final Program EIR, and determine the feasibility of mitigation measures and Project alternatives identified in the Final Program EIR which would avoid or substantially lessen those significant effects. Once the City has adopted sufficient measures to avoid a significant impact, the City does not need to adopt every mitigation measure broyght to its attention or identified in the Final Program EIR.
It is the policy of the State of California and the City of Carlsbad to not approve a Project if there are available feasible mitigation measures or project alternatives which would substantially lessen that Project's significant environmental effects. Only when such mitigation measures or Project alternatives are found to be infeasible because of specific economic, social or other conditions set forth in these findings may the City approve a Project in spite of its significant effects.
reaching one or more of the three allowable conclusions. The first is that "[clhanges 01
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Another purpose of these findings is to bring focus on Project alternatives in the ultimatt decisionmaker's decision whether to approve or disapprove the Project. If, after applicatior of all feasible mitigation measures to the Project, significant impacts remain, Projec alternatives identified in the FPEIR must be reviewed and determned to be feasible 0:
that the decisionmakers conclude any such Pro'ect alternatives are infeasible (see furthe discussion in Feasibility of Alternatives Section$.
infeasible. The findings set forth the reasons, based on substantial evidence in the record
VI. LEGAL EFFECT OF FINDINGS
To the extent that these findings conclude that proposed mitigation measures outlined ir the Final EIR are feasible and have not been modified, superseded or withdrawn, the Citl of Carlsbad ("City" or "decisionmakers") hereby binds itself and any other responsibk parties, including the Applicant and its successors in interest (hereinafter referred to a! "Applicant"), to implement those measures. These findings, in other words, are not merel! informational or hortatory, but constitute a binding set of obligations that will come intc effect when the City adopts the resolution(s) approving the Project.
The adopted mitigation measures are express conditions of approval. Other requirements are referenced in the mitigation monitoring program adopted concurrently with these findings, and will be effectuated through the process of implementing the Project.
VII. MITIGATION MONITORING PROGRAM
As required by Public Resources Code section 21081.6, the City of Carlsbad, in adopting these findings, also adopts a mitigation monitoring and reporting program as prepared by the environmental consultant under the direction of the City. The program is designed to ensure that during Project implementation, the Applicant and any other responsible parties comply with the feasible mitigation measures identified below. The program is described in the document entitled "Carlsbad Ranch Specific Plan Amendment Mitigation Monitoring Program."
VIII. IMPACTS DETERMINED TO BE INSIGNIFICANT
The following summary briefly describes impacts determined to be insignificant in the preparation of the EIR.
Agricultural Resources
e Implementation of the proposed project will convert approximately 176 acres
- Approximately 53 acres of the existing agricultural land on-site will be
of existing agricultural uses to urban uses. (FPEIR 51-11)
retained for the flower fields as part of the proposed project.
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- The land uses proposed in the specific plan will provide economi
- The coastal program adopted for Carlsbad includes a statutor
support to an area which will be permanently preserved in agriculture
provision for mitigation by payment of a fee for agricultur' permanently converted to non-agriculture uses.
- The conversion program, in combination with the permanen
preservation of 53 acres of agriculture on-site, and the policie! contained within the specific plan that maximize the agricultura utilization of the project site through the conversion will reduce thc project's impact related to the direct conversion of agricultural lanc to non-agricultural uses to a level less than significant.
0 The early cancellation of the Williamson Act contracts on 181.2 acres is i
- The early cancellation will permit the initiation of the Specific Plar
potentially significant impact. (FPEIR p.5.1-12)
and the ability to create an economic basis that will permit the lonl term preservation of the remaining 53 acres of agriculture. Thc earlier that the plan can be initiated the more likely it is that thc existing agriculture operation can continue. In addition to the preservation of 53 acres of agriculture, the project will be required tc pay statutory fees for .the conversion. These factors will reduce impacts associated with early cancellation to a level less than significant.
. Implementation of the proposed project would not result in indirect impacts to agricultural lands off-site, or in the early conversion of agricultural lands off-site. (FPEIR 5.1-15)
0 No impacts related to soil erosion are anticipated (FPEIR 5.1-15)
Air Quality
0 No significant impacts as a result of construction activity are anticipated.
(FPEIR p. 5.2-5)
0 No significant impacts are indicated as a result of the I-S/Cannon Road
interchange improvements portion of the project. (FPEIR p. 5.2-7)
Archaeology and Paleontological Resources
0 No impacts to archaeological resources are anticipated from the interchange
improvement portion of the proposed project. (FPEIR p. 5.3-6)
Biological Resources
0 No sensitive or listed plant species were observed on the project site. No
impact to plant species is antlcipated. (FPEIR 5.4-10)
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0 No impact to animal species is anticipated. (FPEIR p. 5.4-10)
No sensitive biological resources have been identified within the gradinl limits of the I-S/Cannon Road interchange component of the propose( project. No impacts to biological resources are anticipated. (FPEIR p. 5.4
11)
Traffic and Circulation
0 The project is anticipated to result in an increase in demand for parking il
the beach areas as a result of the additional visitors to the City. Thi: increase is not considered significant. (FPEIR pi 5.5-25)
- Mitigation measures proposed in the Air Quality section of this EIF
require the provision of a shuttle for all specific plan land uses whicl reduce the project’s contribution to the overall demand on beacl parking.
0 No impact to parking is anticipated. (FPEIR p. 5.5-26)
Hazardous Waste/Pesticide Residue
Implementation of the I-S/Cannon Road interchange improvements portio]
of the project will not result in a significant impact related to hazardou materials or soil contamination. (FPEIR 5.6-6)
Land Use Compatibility
0 No impacts to land use compatibility on-site are anticipated. (FPEIR p. 5.7
8)
- The specific plan provides development standards, policies, and lam
use design that minimize the potential land use compatibility impact between each of these proposed land uses. Buffering techmque: proposed in the specific plan include the use of walls, fences landscaping, large setbacks, and roadway and grade separations.
0 No impacts to land use corn atibility with surrounding off-site land uses i
0 No impacts to land uses adjacent to the I-5/Cannon Road interchangc
e The amendment to the LFMP Zone 13 in and of itself will not result in i
0 The amendment to the existing specific plan will not in and of itself creatc
anticipated. (FPEIR p. 57-95
project area are anticipated. (FPEIR p. 5.7-9)
significant impact. (FPEIR p. 5.7-16)
a significant land use impact. (FPEIR p. 5.7-17)
0 No impact to land use corn atibility with the McClellan-Palomar Airport i
anticipated. (FPEIR 5.7-177
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No land use impacts associated with the development agreement are
anticipated. (FPEIR p.5.7-17)
Noise
e Construction noise impacts are considered less than significant (FPEIR p. 5.8.
4)
0 The impact of traffic generated noise is considered less than significant
(FPEIR p.5.8-4)
e The impact of internal operation noise is considered less than significant.
a No impact to consistency with the City General Plan Noise Element is
e No noise impacts to surrounding land uses are anticipated as a result of the
(FPEIR p.5.8-5)
anticipated. (FPEIR p.5.8-6).
improvements to the I-S/Cannon Road Interchange. (FPEIR p.5.8-6)
Public Services
e The impact to fire protection services is considered less than significant,
(FPEIR p.5.9-2)
e The impact to sewer facilities is considered less than significant. (FPEIR
p.5.9-5)
e The impact to wastewater treatment is considered less than significant.
(FPEIR p.5.9-5)
e The proposed project will not result in an impact to schools. (FPEIR p.5.9-
11 and 5.9-12)
Visual/Aesthetics/Grading
e The construction activities will not result in the obstruction of any scenic vista
e The project does not have the potential to block scenic views from the closest
or view open to the public. (FPEIR p.5.11-5)
residential areas surrounding the project site. (FPEIR p.5.11-5)
Water Quality
e With implementation of measures proposed in the specific plan, no impact
e With implementation of measures proposed in the specific plan, and
related to water quality is anticipated. (FPEIR p.5.12-6)
compliance with RWQCB requirements, no significant impacts to erosion and sedimentation are anticipated. (FPEIR p.5.12-7)
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IX. DIRECT SIGNIFICANT EFFECTS AND MITIGATION MEASURES
The Final Program EIR identified a number of direct significant environmental effects (c "impacts") that the Project will cause; some can be fully avoided through the adoption ( feasible mitigation measures, while others can not be avoided.
Air Quality
Development anticipated to occur in the Carlsbad Ranch Specific Plan Amendmer; Area will generate additional vehicular traffic which will generate new an additional mobile emissions throughout the region. [FPEIR 52-51
Archaeology and Paleontological Resources
Implementation of the proposed project will result in impacts to significar archaeological sites CA-SDI-6132/W-119 and CA-SDI-8797. [FPEIR p. 53-51
The eastern parcel is underlain by geological deposits with a high potential fc producing significant paleontological resources. [FPEIR p. 53-61
Biological Resources
Approximately 1.1 acres of Diegan coastal sage scrub will be impacted and occur on a, manufactured slope adjacent to Palomar Airport Road. This community ha little biological function and value. [FPEIR p. 54-81
Indirect impacts may occur during project construction, or with activities associate( with the developed project and could affect the proposed natural open space, thc proposed open space deed restriction, Agua Hedionda Lagoon, preserve Plannin; Area 3, and any listed or sensitive species therein. [FP EIR p. 5.4-111
Traffic and Circulation
The proposed project will result in an increase in traffic and congestion in the are: which w11 reduce intersection level of service at various locations and time period on roadways surrounding the project site. [FPEIR p. 5.5-8 through 5.5-291
Hazardous Waste/Pesticide Residue
Evidence of surface staining and possible pesticide contamination was observed a several locations on the project site. [FPEIR p. 56-51
Although no significant levels of soil contaminations from pesticide or herbicide! were detected during soil testing in 1989 and 1995, the potential for undetectec contamination does exist due to the fact that the project site has been historicall! used for agriculture production. [FPEIR p. 56-51
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Surface soil contamination from petroleum hydrocarbons was detected immediately
a potential impact. [FPEIR p. 56-51 north of the existing packing facility. Exposure of persons to unremediated soils is
Land Use Compatibility
The conversion of the existing uses of the site to an intensive urban use is a significant impact. [FPEIR p. 57-71
Implementation of the proposed project will require amendments to the General Plan, Local Coastal Plan, Local Facilities Management Plan, and existing Carlsbad Ranch Specific Plan. [FPEIR p.5.7-10 through 57-16]
Noise
Noise from aircraft operations at the McClellan-Palomar Airport will affect the specific plan amendment area. [FPEIR 58-51
Public Services
The proposed project will require additional law enforcement and crime prevention services. [FPEIR 59-33
The proposed project will result in an increase in demand for domestic water. [FPEIR p.5.9-161
Solid Waste
The proposed project will result in the generation of approximately 11,000 to 15,000 tons of municipal solid waste on an annual basis. [FPEIR p.5.10-3]
Visual Aesthetics/Grading
The, ramp widening and merge lane construction associated with the I-S/Cannon Road interchange improvements will result in the removal of mature trees and associated landscaping. [FPEIR p. 5.1 1-61
Certain of the above impacts cannot be substantially lessened or avoided at the Specific Plan level; but, as described in the Statement of Overriding Considerations, the City Council has determined that the impacts are acceptable because of specific overriding considerations. The following sub-sections describe specific impacts, setting forth either the reasons why they are significant and unavoidable, the mitigation measures adopted to substantially lessen or avoid them, or the reasons why proposed mitigation measures proved to be infeasible due to specific economic, social or other consideration.
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***
A.-
Significant Effect: Development anticipated to occur in the Carlsbad Ranch Specific Plan Amendment Area will generate additional vehicular traffic which will generate new and additional mobile emissions throughout the region. [FPEIR 52-51
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the
significant envkonrnentai effect as identified in the Final Program EIR. The following mitigation measures would reduce impact to below a level of significance.
1. Individual development projects within the specific plan area shall be required to implement the following mitigation measures, as determined feasible on a project-by-project basis by the City. These measures include:
0 Provide preferential parking spaces for carpools and vanpools and
provide 7’2” minimum vertical clearance in parking facilities for van access unless surface parking is provided for vans.
0 Implement on-site circulation plan in parking lots to reduce vehicle
0 Provide shade trees to reduce building heating/cooling needs.
0 Use energy efficient and automated controls for air conditioning.
0 Use energy-efficient low-sodium parking lot lights.
0 Provide adequate ventilation systems for enclosed parking facilities.
0 Use light colored roof materials to reflect heat.
0 Synchronize traffic lights on streets impacted by development.
0 Schedule truck deliveries and pickups for off-peak hours.
0 Require on-site truck loading zones.
0 Require employers to provide commuter information areas.
0 Implement compressed work week schedules where weekly work hours
queuing (stacking-up).
are compressed into fewer than five days:
- 9/80 - 4/40 - 3/36
0 Develop a trip reduction plan to achieve 1.5 AVR for businesses with
less than 100 employees or multi-tenant worksites.
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Construct on-site or off-site bus turnouts, passenger benches, o
shelters as deemed necessary by the North County Transit District.
a Construct off-site pedestrian facility improvements such as overpasse
and wider sidewalks.
a Provide shuttles to major rail transit centers, multi-modal stations, an
other local destinations for all uses within the specific plan.
Contribute to regional transit systems (e.g., right-of-way, capita
0 Site Development Plan applications should contain the following:
improvements, etc.).
- Bicycle parking facilities, such as bicycle lockers.
- Showers for bicycling employees' use.
B. ARCHAEOLOGY AND PALEONTOLOGICAL RESOURCES
Significant Effect: Implementation of the proposed project will result in impacts tc
significant archaeological sites CA-SDI-6132/W-119 and CA-SDI-8797. [FPEIR p 5.3-51
Significant Effect: Implementation of the proposed project will result in impacts tc
significant archaeological sites CA-SDI-6132/W-119 and CA-SDI-8797. [FPEIR p 5.3-51
Finding: Pursuant to Section. 15091 (a) (1) of the State CEQA Guidelines, change: or alterations are required in, or incorporated into, the Project which will avoid thc significant environmental effect as identified in the Final Program EIR. Thc
following mitigation measures would reduce impact to below a level of significance
1. Prior to issuance of a grading permit for the area north of Cannon Road, i data recovery program shall be completed for CA-SDI-6132 for the portio] impacted north of Cannon Road. The data recovery program shall bc completed in compliance with the City of Carlsbad's "Cultural Resource Guidelines".
2. A portion of site CA-SDI-8797 within the Carlsbad Ranch was identified a
significant/important under City of Carlsbad and CEQA criteria and wat
recommended to be mitigated of impacts through avoidance (Gallegos anc Kyle 1992). This site shall be placed within an open space easement anc capped. Capping shall include placement of 1-2'' of sand followed by 12 tc
24 inches of sterile fill soil. Vegetation allowed within the fill soil shoulc include grasses and other shallow rooted plants that will not penetrate thc underlying prehistoric site. This area could also be used for a parking area
upon completion of capping. Placement of utility lines or other undergrounc lines shall be placed outside this sensitive area.
3. Mitigation of impacts for that portion of CA-SDI-8797 within the additional survey area shall be achieved through avoidance or the completion of a City
of Carlsbad approved data recovery program. If a data recovery program is
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4. Prior to the issuance of a grading permit, the applicant shall provide writter evidence that a certified archaeologist has been retained, shall be present a
resource surveillance, and shall establish, in cooperation with the projec
proponent, procedures for temporarily halting or redirecting work to permi the sampling, ,identification, and evaluation of artifacts as appropriate. Ii additional or unexpected archaeological features are discovered, the archaeologist shall report such findings to the applicant and to the City. I1
the archaeological resources are found to be significant, the archaeologica: observer shall determine appropriate actions, in cooperation with the applicant for exploration and/or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the review ol the City.
the pregrading conference, shall establish procedures for archaeologica
Significant Effect: The eastern parcel is underlain by geological deposits with a higl: potential for producing significant paleontological resources. [FPEIR p. 53-61
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the
significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce impact to below a level of significance.
5. 0 Prior to issuance of a mass-grading permit the developer shall present
a letter to the City of Carlsbad indicating that a qualified paleontologist has been retained to carry out an appropriate mitigation program. (A qualified paleontologist is defined as an individual with a MS or Ph.D. in paleontology or geology who is
familiar with paleontological procedures and techniques.)
0 A qualified paleontologist shall be present at the pre-construction
0 A paleontological monitor shall be on-site at all times during the
meeting to consult with the grading and excavation contractors.
original cutting of previously undisturbed sediments of the Santiago Formation to inspect cuts for contained fossils. Periodic inspections of cuts involving the Lindavista Formation is also recommended. In the event that fossils are discovered in the Lindavista Formation it may be necessary to increase the per/day in field monitoring time.
Conversely, if fossils are not being found then the monitoring should
be reduced. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials.
The paleontological monitor shall work under the direction of a qualified paleontologist.)
0 When fossils are discovered, the paleontologist (or paleontological
monitor) shall recover them. In most cases this fossil salvage can be
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completed in a short period of time. However, some fossil specimens (such as a complete large mammal skeleton) may require an extended
salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner,
Because of the potential for the recovering of small fossil remains, such as isolated mammal teeth, it may be necessary in certain
instances, to set up a screen-washing operation on the site.
Fossil remains collected during the monitoring and salvage portion of
the mitigation program shall be cleaned, repaired, sorted, and
cataloged.
a Prepared fossils, along with copies of all pertinent field notes, photos,
and maps, shall be deposited (as a donation) in a scientific institution with permanent paleontological collections such as the San Diego
Natural History Museum. Donation of the fossils shall be accompanied by financial support for initial specimen storage.
a A final summary report shall be completed that outlines the results of
the mitigation program. This report shall include discussions of the methods used, stratigraphic sections(s) exposed, fossils collected, and
significance of recovered fossils.
6. A certified paleontologist shall monitor all grading activity associated with the improvements to the 1-5/Cannon Road interchange. If buried cultural materials are unearthed during construction, work shall be halted in the vicinity of the find until a qualified paleontologist can assess its significance.
If the testing demonstrates that a resource is significant, then a data recovery program will be necessary. Compliance with this measure shall be verified by Caltrans.
C. BIOLOGICAL RESOURCES
Significant Effect: Approximately 1.1 acres of Diegan coastal sage scrub will be impacted and occurs on a manufactured slope adjacent to Palomar Airport Road.
This community has little biological function and value. [FPEIR p. 54-23]
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce impact to below a level of significance.
1. Diegan coastal sage scrub impacts should be mitigated by creation or
restoration at ratios of 2:l and 1:1, respectively, within Preserve Planning Area 3 or the purchase or preservation at a 1:l ratio within the HCP area of Carlsbad.
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2. To avoid direct impacts to the area proposed as natural open space and tl the proposed open space deed restriction, the boundaries of these area should be surveyed and fenced. The erection of fencing and its prope location should be verified by a biologist or planning departmer representative. After project completion, permanent fencing may need to b established to prevent human intrusion into the areas.
Significant Effect: Indirect impacts may occur during project construction, or wit
activities associated with the developed project and could affect the proposec natural open space, the proposed open space deed restriction, Agua Hediond; Lagoon, preserve Planning Area 3, and any listed or sensitive species therein. [FI EIR p. 5.4-111
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, change
or alterations are required in, or incorporated into, the Project which will avoid thc significant environmental effect as identified in the Final Program EIR. Thl following mitigation measures would reduce impact to below a level of significance
3. It is anticipated that the gnatcatcher pair located immediately off-site to thl east of the project will be taken during construction of the municipal go1 course being proposed by the City of Carlsbad. As a result, no mitigation fo. construction noise impacts that may occur to this pair are proposed. I
through final design of the City proposed golf course it is determined tha this gnatcatcher pair is not taken, the following mitigation measure for noisc impacts shall be implemented:
During the gnatcatcher breeding season (February 15 through Augus 15), noise levels during grading shall not exceed 65 decibels, average( over a one-hour period on an A-weighted decibel (dBA), measured a the edge of Diegan coastal sage scrub habitat that is occupied by thc coastal California gnatcatcher. Grading could be initiated in area: adjacent to occupied gnatcatcher habitat prior to August 15 if the pai has successfully fledged young and the fledglings are at least thret weeks out of the nest. Grading will be allowed adjacent to habital occupied by unpaired individual birds.
4. Lighting should be selectively placed, shielded, and directed away from the areas listed above, in particular to avoid potential impacts to the coasta: California gnatcatcher(s) east of the future LEGOLAND Carlsbad and anJ that may occur in the proposed open space.
5. During project construction and operation, measures should be implementec to control erosion, sedimentation, and pollution (fertilizers and pesticide: from the proposed golf courses) that could impact the proposed natural oper space or that could impact Agua Hedionda Lagoon. These measures coulc include berms, interceptor ditches, sandbags, filtered inlets, debris basins, and
silt traps.
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6. Landscaping adjacent to the open space shall include non-invasive plant species.
D. FIC AND CIRCULATION
Significant Effect: The proposed project will result in an increase in traffic and
congestion in the area which will reduce intersection level of service at various locations and time periods on roadways surrounding the project site. [FPEIR p. 5.5-
8 through 55-29]
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the Project which will avoid the
significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce impact to below a level of significance,
1. The following mitigation measures shall be implemented by the applicant tc reduce significant impacts on two intersections under the Year 20oC conditions and seven intersections under Buildout conditions to a level of les5 than significant.
The required street improvements and their phasing, based on ultimate buildout conditions
are as follows:
1997 1-5 Northbound Ramps & Palomar Airport Road (CMP Location) - Restripe the westbound Palomar Airport Road approach for the following: twc through lanes, one shared through/right-turn lane, and one exclusive righi turn lane.
2000 1-5 Northbound Ramps & Cannon Road (CMP Location) - Restripe the westbound Cannon Road approach for the following: one through lane, one shared through/right-turn lane, and one exclusive right-turn lane.
2006 El Camino Real & Cannon Road (CMP Location) - Restripe the southbounc El Camino Real approach for the following: one left-turn lane, two througl lanes, one shared through/right-turn lane, and one exclusive right-turn lane
2007 Avenida Encinas & Palomar Airport Road (CMP Location) - Restripe thc northbound Avenida Encinas approach to provide the configuration: onc exclusive left-turn lane, one through lane, and one right-turn lane (ahead! done).
2008 El Camino Real & Palomar Airport Road (CMP Location) - Restripe thc northbound El Camino Real approach for the following: one left-turn lane two through lanes, one shared through/right-turn lane, and one exclusivc right-turn lane.
2008 1-5 Northbound Ramps & Cannon Road (CMP Location) - Restripe thc westbound Cannon Road approach for the following: one through lane, on(
shared through/right-turn lane, and one exclusive right-turn lane. 11
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addition, provide an additional eastbound Cannon Road left-turn lane. The resulting lane configuration on the eastbound approach would be two exclusive left-turn lanes and two through lanes.
Buildout Paseo del Norte & Cannon Road (CMP Location) - The southbound
approach (SDG&E driveway) should be constructed and striped as follows: one exclusive left-turn lane, one shared through/righbturn lane, and one
I exclusive right-turn lane. In addition, the eastbound Cannon Road approach
would require an additional left-turn lane. The resulting lane configuration in the eastbound direction would be two exclusive left-turn lanes, one through lane, and one through/right turn lane. Also, at a point east of the intersection, an additional westbound Cannon Road through lane would be required. At the intersection, this would result in the following lane
configuration in the westbound direction: one exclusive left-turn lane, two through lanes, and a shared through/right-turn lane.
Buildout Paseo del Norte & Palomar Airport Road - Restripe the northbound and southbound Paseo del Norte approaches to provide the following: two exclusive left-turn lanes, one shared through/right-turn lane, and one exclusive right-turn lane.
If Cannon Road is not extended to El Camino Real by the Year 2000 the developer shall implement the following improvements:
1997 1-5 Northbound Ramps & Palomar Airport Road (CMP Location) - Restripe the westbound Palomar Airport Road approach for the following: two through lanes, one shared through/right-turn lane, and one exclusive right turn lane.
1997 ColleFe Boulevard & Palomar Airport Road (CMP Location) - Restripe the southbound College Boulevard approach for the following: one left-turn lane, one shared through/right-turn lane, and one exclusive right-turn lane.
2. In addition, the Congestion Management Plan (CMP) prepared for the
project requires the development and implementation of a deficiency plan for freeway segments. The deficiency plan shall include the following:
e Assist in Funding Other Improvements - This option would involve providing
funds which would be utilized in the construction of other improvements. Several funding pechanisms already exist in the City of Carlsbad and are listed in the Zone 13 Local Facilities Management Plan Finance Plan for impacted facilities. These include:
- Traffic Impact Fees
- Community Facility District Moneys - Private Developer Construction
- Transnet Funds - Public Facilities Fees
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The Carlsbad Ranch development project is already conditioned on financial participatiol in four of the above five funding mechanisms.
0 Implement Transportation Demand Management (TDM) Measures - Fo
applicable land uses within the development, implementation of a TDh program would be a way of reducing the peak hour trips and thus lessenin;
the impacts on the affected facilities. These TDM measures could includc but are not limited to: incentives for employees to carpool/vanpool telecommuting and flex-time; and providing a shuttle from the commuter rai station at Poinsettia Lane.
E. HAZARDOUS WASTE!PESTICIDE RESIDUE
Significant Effect: Evidence of surface staining and possible pesticide contaminatior was observed at several locations on the project site. [FPEIR p. 5.6-51
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, change! or alterations are required in, or incorporated into, the Project which will avoid tht significant environmental effect as identified in the Final Program EIR. Thc following mitigation measures would reduce impact to below a level of significance
1. During grading, observations shall be made by a qualified hazardou;
materials specialist for areas of possible contamination such as the presencc of underground facilities, buried debris, stained soils, waste drums, and tank or odorous soils. Should such materials be encountered, further investigatiol and analysis shall be required to identify the significance of the potential11 contaminated area. Soil remediation measures to address any potentialb contaminated areas shall be implemented based on the recommendations oj the hazardous materials specialist.
2. Randomly selected surface samples shall be collected after each phase oi
grading and chemically tested for pesticides to verify that toxaphene and DDT plus its derivatives are below the established TTLC and STLC action levels.
3. During site development, soils contaminated with petroleum hydrocarbon: shall be mitigated. Mitigation techniques shall include:
0 Place the affected soil beneath a proposed road/parking area as 2
0 Recycle the affected soil; or
0 Bio remediate the affected soil on site.
base material;
4. A report documenting results of any future testing shall be prepared. This report shall indicate the measures taken to mitigate contamination, as appropriate. The report shall be submitted to the City of Carlsbad Engineering Department.
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Significant Effect: Although no significant levels of soil contaminations from pesticide or herbicides were detected during soil testing in 1989 and 1995, the potential for undetected contamination does exist due to the fact that the project site has been historically used for agriculture production. [FPEIR p. 5.6-51
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR. The
following mitigation measures would reduce impact to below a level of significance.
1. During grading, observations shall be made by a qualified hazardous materials specialist for areas of possible contamination such as the presence of underground facilities, buried debris, stained soils, waste drums, and tanks or odorous soils. Should such materials be encountered, further investigation
and analysis shall be required to identify the significance of the potentially
contaminated area. Soil remediation measures to address any potentially contaminated areas shall be implemented based on the recommendations of the hazardous materials specialist.
2. Randomly selected surface samples shall be collected after each phase of grading and chemically tested for pesticides to verify that toxaphene and DDT plus its derivatives are below the established TTLC and STLC action
levels.
3. During site development, soils contaminated with petroleum hydrocarbons shall be mitigated. Mitigation techniques shall include:
a Place the affected soil beneath a proposed road/parking area as a
a Recycle the affected soil; or
base material;
a Bio remediate the affected soil on site.
4. A report documenting results of any future testing shall be prepared. This report shall indicate the measures taken to mitigate contamination, as appropriate. The report shall be submitted to the City of Carlsbad Engineering Department.
Significant Effect: Surface soil contamination from petroleum hydrocarbons was
detected immediately north of the existing packing facility. Exposure of persons to unremediated soils is a potential impact. [FPEIR p. 56-51
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce impact to below a level of significance.
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1. During grading, observations shall be made by a qualified hazardous
materials specialist for areas of possible contamination such as the presence of underground facilities, buried debris, stained soils, waste drums, and t& or odorous soils. Should such materials be encountered, further investigatior and analysis shall be required to identify the significance of the potentiallJ contaminated area. Soil remediation measures to address any potentiall) contaminated areas shall be implemented based on the recommendations 0: the hazardous materials specialist.
2. Randomly selected surface samples shall be collected after each phase oj
grading and chemically tested for pesticides to verify that toxaphene and DDT plus its derivatives are below the established TTLC and STLC action levels.
3. During site development, soils contaminated with petroleum hydrocarbom shall be mitigated. Mitigation techniques shall include:
Place the affected soil beneath a proposed road/parking area as s
Recycle the affected soil; or
base material;
Bio remediate the affected soil on site.
4. The applicant shall prepare a report documenting results of any future testing. This report shall indicate the measures taken to mitigate contamination, as appropriate. The report shall be submitted to the City of Carlsbad Engineering Department. All recommendations contained in the report shall be complied with by the applicant.
F. LAND USE COMPATIBILITY
Significant Effect: The conversion of the existing uses of the site to an intensive urban use is a significant impact. [FPEIR p. 57-71
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the' Project which will avoid the significant environmental effect as identified in the Final Program EIR. The
following mitigation measures would reduce impact to below a level of significance.
1. Any future site development permit associated with the specific plan or 21.16 acre SDG&E parcel (golf course) shall be reviewed for consistency with the specific plan and related discretionary actions including the general plan and local coastal plan amendment, zone change, local facilities management plan amendment, and hillside development permit. The Planning Department shall make a determination that the site development plan is consistent with
these plans, prior to approval of the permit.
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Significant Effect: Implementation of the proposed project will require amendments to the General Plan, Local Coastal Plan, Local Facilities Management Plan, and existing Carlsbad Ranch Specific Plan. [FPEIR p.5.7-10 through 57-16]
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect a5 identified in the Final Program EIR, The
following mitigation measures would reduce impact to below a level of significance.
1. Any future site development permit associated with the specific plan or
SDG&E parcel shall be reviewed for consistency with the specific plan and related discretionary actions including the general plan and local coastal plan amendment, zone change, local facilities management plan amendment, and hillside development permit. The Planning Department shall make a
determination that the site development plan is consistent with these plans, prior to approval of the permit.
G. NOISE
Significant Effect: Noise from aircraft operations at the McClellan-Palomar Airport will affect the specific plan amendment area. [FPEIR 5.8-51
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce impact to below a level of significance.
1. The interior noise level of the proposed community hotel building(s)
(planning area 3), and resort hotel buildings (planning area 5) shall not exceed 45 DBA CNEL. As stated in the McClellan-Palomar Airport's Noise/Land Use Compatibility Implementation Directives, all transient lodging buildings, within the airport's 60-70 CNEL contours must be subjected to an acoustical study to determine that interior levels do not exceed CNEL 45.
2. An avigation easement for noise shall be required to be recorded with the County Recorder as a condition of approval of the project. A copy of the
recorded easement is to be filed with the affected airport operator. For all
property transactions, appropriate legal notice shall be given to all purchasers, lessees and renters of property in "conditionally compatible" or "interior only, conditionally compatible" areas which clearly describes the potential for impacts from airplane noise associated with airport operations. Notice also will be provided as required on the state Real Estate Disclosure form.
H. PUBLIC SERVICES AND UTTLTTTES
Significant Effect: The proposed project will require additional law enforcement
and crime prevention services. [FPEIR 59-31
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Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce impact to below a level of significance,
1. Prior to Site Development Plan approval, developers shall submit semrit)
plans for review and approval by the Carlsbad Police Department. The plan!
shall be submitted prior to Site Development Plan approval, and shall include
information about internal security programs, security systems and device! and any other information required by the Police Department.
Significant Effect: The proposed project will result in an increase in demand fol
domestic water. [FPEIR p.5.9-161
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, change! or alterations are required in, or incorporated into, the Project which will avoid thc significant environmental effect as identified in the Final Program EIR. Thc following mitigation measures would reduce impact to below a level of significance
1. Reclaimed water shall be utilized for all agriculture, golf course, an(
landscaping on the project site to the extent feasible. The reclaimed wate facilities shall be installed in accordance with the conceptual reclaimed wate facility plan as proposed in the specific plan, and City of Carlsbac
requirements.
2. Dual plumbing shall be required for office, commercial, and industrial uses and the LEGOLAND Carlsbad project as deemed feasible by the Carlsbac Municipal Water District.
I. SOLID WASTE
Significant Effect: The proposed project will result in the generation o approximately 11,000 to 15,000 tons of municipal solid waste on an annual basis [FPEIR p.5.10-31
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, change
or alterations are required in, or incorporated into, the Project which will avoid thr significant environmental effect as identified in the Final Program EIR. Thc following mitigation measures would reduce impact to below a level of significance
1. As a condition of any future site development plans for the project, thl applicant shall submit a solid waste management plan for review an approval by the City of Carlsbad. This plan shall provide the following:
(1) The approximate location, type and number of containers to be usel
4
to collect refuse and recyclables.
(2) Refuse and recyclable collection methods to be used in each plannin
area.
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(3) A description and site plan for any planned on-site processing facilities or equipment (balers, compactors).
(4) A description of the types of recycling services to be prodded and
contractual relationships with vendors to provide these services.
(5) The estimated quantity of waste generated and estimated quantities of recyclable materials in each planning area.
This plan shall also evaluate the feasibility of the following diversion programs/measures:
(1) Source separated green waste collection for specific plan areas designated for
agriculture, golf and developed areas with substantial landscaping (in particular the LEGOLAND Carlsbad planning area).
(2) Cardboard recycling in office, retail, and warehousing areas.
(3) Office and retail, programs which provide for the separation of wet (disposable) and dry (recoverable) materials.
(4) Where feasible, providing compactors for non-recyclables to reduce the number of trips to disposal facilities.
(5) Glass recycling in restaurants.
(6) Providing on-site recycling containers accessible to the public to encourage the diversion of glass, and aluminum in LEGOLAND Carlsbad.
(7) Where feasible, implement source reduction measures such as reducing
excess packaging, paper and polystyrene cups.
J. VISUAL, AESTHETICS/GRADTNG
Significant Effect: The ramp widening and merge lane construction associated with
the I-S/Cannon Road interchange improvements will result in the removal of mature trees and associated landscaping. [FPEIR p. 5.11-61
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR. The
following mitigation measures would reduce impact to below a level of significance.
1. Trees shall be replaced at a 5:1 ratio. These trees shall be planted at Cannon Road and Palomar Airport Road, with supplemental water systems. Shrubs shall be replaced at a 1:l ratio at Cannon Road only. Replacement trees shall be 15 gallon and replacement shrubs shall be 5 gallon. Species selection shall be determined by the Caltrans project landscape architect.
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2. I-S/Cannon Road landscaping shall be installed concurrently with the interchange construction project in order to allow the planting to become established in time for the opening of LEGOLAND Carlsbad in 1999.
3. A plantable wall system (e.g. crib wall) shall be utilized to reduce the visibility and aid in graffiti deterrence of the proposed retaining walls. U cast-in-place type walls are used, a form-liner texture (e.g. "ripped rope") shall be incorporated into the design. Furthermore, the walls shall be aligned to allow the planting of vines and shrubs at the base of the walls for graffiti deterrence and to help blend the walls into the surrounding landscape. An
agreement shall be reached with the property owner immediately adjacent tc
this area to plant and maintain the owner's property.
X. CUMULATIVE SIGNIFICANT EFFECTS AND MITIGATION MEASURES
A. AGRICULTURAL RESOURCES
Significant Effect: The project in conjunction with the buildout pursuant to Series 7 wil result in a cumulative decline in agricultural land and is significant. [FPEIR p. 7-51
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes 01
alterations ,are required in, or incorporated into, the Project which will substantially lese1 the significant environmental effect as identified in the Final EIR. The cumulative impac is anticipated to remain significant. Pursuant to Section 15091 (a) (3) of the State CEQP Guidelines, there are no feasible measures that would mitigate the impact below a leve of significance. As described in the Statement of Overriding Considerations, the Citl Council has determined that this impact is acceptable because of specific overridini
considerations.
- Approximately 53 acres of the existing agricultural land on-site will bc
- The land uses proposed in the specific plan will provide economic suppor
- The coastal program adopted for Carlsbad includes a statutory provision fo:
retained for the flower fields as part of the proposed project.
to an area which will be permanently preserved in agriculture.
mitigation by payment of a fee for agriculture permanently converted to non
agriculture uses.
B. AIR QUALITY
Significant Effect: Implementation of the proposed project will contribute to the emission in the area. Cumulative air quality impacts are anticipated to remain significant an( unavoidable. [FPEIR p.7-51
Finding: Pursuant to Section 15091 (a) (I) of the State CEQA Guidelines, changes o alterations are required in, or incorporated into, the Project which will substantially lessel
the significant environmental effect as identified in the Final EIR.. The cumulative impac
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is anticipated to remain significant. Pursuant to Section 15091 (a) (3) of the State CEQA Guidelines, there are no feasible measures that would mitigate the impact below a level of significance. As described in the Statement of Overriding Considerations, the City Council has determined that this impact is acceptable because of specific overriding
considerations.
1. Individual development projects within the specific plan area shall be required to implement the following mitigation measures, as determined feasible on a project-by-project basis by the City. These measures include:
e Provide preferential parking spaces for carpools and vanpools and
provide 7’2” minimum vertical clearance in parking facilities for van access unless surface parking is provided for vans.
e Implement on-site circulation plan in parking lots to reduce vehicle
e Provide shade trees to reduce building heating/cooling needs.
0 Use energy efficient and automated controls for air conditioning.
Use energy-efficient low-sodium parking lot lights.
e Provide adequate ventilation systems for enclosed parking facilities.
e Use light colored roof materials to reflect heat.
Synchronize traffic lights on streets impacted by development.
e Schedule truck deliveries and pickups for off-peak hours.
e Require on-site truck loading zones.
e Require employers to provide commuter information areas.
e Implement compressed work week schedules where weekly work hours
queuing (stacking-up).
are compressed into fewer than five days:
- 9/80 - 4/40 - 3/36
0 Develop a trip reduction plan to achieve 1.5 AVR for businesses with
e Construct on-site or off-site bus turnouts, passenger benches, or
less than 100 employees or multi-tenant worksites.
shelters as deemed necessary by the North County Transit District.
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8 COM~IW~ off-site pedestfiti~ facility impPovements such as overpassez
0 Provide shuttles to major rail transit centers, multi-modal stations, anc
0 Contribute to regional transit systems (e.g., right-of-way, capita:
0 Site Development Plan applications should contain the following:
and wider sidewalks.
other local destinations for all uses within the specific plan.
improvements, etc.).
- Bicycle parking facilities, such as bicycle lockers.
- Showers for bicycling employees' use.
C. ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES
Significant Effect: The proposed project, in conjunction with cumulative projects, will no1 result in a significant cumulative impact to archaeological and paleontological resources
[FPEIR p.7-51
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes 01 alterations are required in, or incorporated into, the Project which will avoid the significanl environmental effect as identified in the Final Program EIR.
1. Prior to issuance of a grading permit for the area north of Cannon Road, a data recovery program shall be completed for CA-SDI-6132 for the portion
impacted north of Cannon Road. The data recovery program shall be completed in compliance with the City of Carlsbad's "Cultural Resource Guidelines".
2. A portion of site CA-SDI-8797 within the Carlsbad Ranch was identified a significant/important under City of Carlsbad and CEQA criteria and wa recommended to be mitigated of impacts through avoidance (Gallegos anc Kyle 1992). This site shall be placed within an open space easement anc capped. Capping shall include placement of 1-2" of sand followed by 12 tc 24 inches of sterile fill soil. Vegetation allowed within the fill soil shoulc include grasses and other shallow rooted plants that will not penetrate the underlying prehistoric site. This area could also be used for a parking area upon completion of capping. Placement of utility lines or other undergrounc
lines shall be placed outside this sensitive area.
3. Mitigation of impacts for that portion of CA-SDI-8797 within the additional survey area shall be achieved through avoidance or the completion of a Citj of Carlsbad approved data recovery program. If a data recovery program i: conducted for this site, the program shall be completed in compliance witk the City of Carlsbad's "Cultural Resource Guidelines".
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4. Prior to the issuance of a grading permit, the applicant shall provide written evidence that a certified archaeologist has been retained, shall be present at the pregrading conference, shall establish procedures for archaeological resource surveillance, and shall establish, in cooperation with the project
proponent, procedures for temporarily halting or redirecting work to permit
the sampling, identification, and evaluation of artifacts as appropriate. If
additional or unexpected archaeological features are discovered, the archaeologist shall report such findings to the applicant and to the City. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the
applicant for exploration and/or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the review of the City.
5. 0 Prior to issuance of a mass-grading permit the developer shall present a letter to the City of Carlsbad indicating that a qualified paleontologist has been retained to carry out an appropriate mitigation program. (A qualified paleontologist is defined as an
individual with a MS or Ph.D. in paleontology or geology who is familiar with paleontological procedures and techniques.)
0 A qualified paleontologist shall be present at the pre-construction
0 A paleontological monitor shall be on-site at all times during the
meeting to consult with the grading and excavation contractors.
original cutting of previously undisturbed sediments of the Santiago Formation to inspect cuts for contained fossils. Periodic inspections of cuts involving the Lindavista Formation is also recommended. In the event that fossils are discovered in the Lindavista Formation it may be necessary to increase the per/day in field monitoring time. Conversely, if fossils are not being found then the monitoring should be reduced. (A paleontological monitor is defined as an individual
who has experience in the collection and salvage of fossil materials. The paleontological monitor shall work under the direction of a qualified paleontologist.)
0 When fossils are discovered, the paleontologist (or paleontological
monitor) shall recover them. In most cases this fossil salvage can be
completed in a short period of time. However, some fossil specimens (such as a,complete large mammal skeleton) may require an extended
salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Because of the potential for the recovering of small fossil remains, such as isolated mammal teeth, it may be necessary in certain instances, to set up a screen-washing operation on the site.
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Fossil remains collected during the monitoring and salvage portion oj the mitigation program shall be cleaned, repaired, sorted, anc cataloged.
e Prepared fossils, along with copies of all pertinent field notes, photos
and maps, shall be deposited (as a donation) in a scientific institutior
with permanent paleontological collections such as the San Diegc Natural History Museum. Donation of the fossils shall be accompanied by financial support for initial specimen storage.
0 A final summary report shall be completed that outlines the results 01
the mitigation program. This report shall include discussions of the
methods used, stratigraphic sections(s) exposed, fossils collected, and significance of recovered fossils.
6. A certified paleontologist shall monitor all grading activity associated with the improvements to the I-S/Cannon Road interchange. If buried cultural materials are unearthed during construction, work shall be halted in the vicinity of the find until a qualified paleontologist can assess its significance. If the testing demonstrates that a resource is significant, then a data recoverq program will be necessary. Compliance with this measure shall be verified
by Caltrans.
D. BIOLOGICAL RESOURCES
Significant Effect: The proposed project, in conjunction with cumulative projects will no1 result in a significant impact to biological resources. [FPEIR p.7-51
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR.
1. Diegan coastal sage scrub impacts should be mitigated by creation or
restoration at ratios of 2:l and 1:1, respectively, within Preserve Planning
Area 3 or the purchase or preservation at a 1:l ratio within the HCP area of Carlsbad.
2. To avoid direct impacts to the area proposed as natural open space and to the proposed open space deed restriction, the boundaries of these areas should be surveyed and fenced. The erection of fencing and its proper
location should be verified by a biologist or planning department representative. After project completion, permanent fencing may need to be
established to prevent human intrusion into the areas.
3. It is anticipated that the gnatcatcher pair located immediately off-site to the east of the project will be taken during construction of the municipal golf course being proposed by the City of Carlsbad. As a result, no mitigation for construction noise impacts that may occur to this pair are proposed. If through final design of the City proposed golf course it is determined that
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this gnatcatcher pair is not taken, the following mitigation measure for noise impacts shall be implemented:
During the gnatcatcher breeding season (February 15 through August 15): noise levels during grading shall not exceed 65 decibels, averaged over a one-
hour period on an A-weighted decibel (DBA), measured at the edge oi Diegan coastal sage scrub habitat that is occupied by the coastal California gnatcatcher. Grading could be initiated in areas adjacent to occupied
gnatcatcher habitat prior to August 15 if the pair has successfully fledgec young and the fledglings are at least three weeks out of the nest. Grading
will be allowed adjacent to habitat occupied by unpaired individual birds.
4; Lighting should be selectively placed, shielded, and directed away from the
areas listed above, in particular to avoid potential impacts to the coastal California gnatcatcher(s) east of the future LEGOLAND Carlsbad and any that may occur in the proposed open space.
5. During project construction and operation, measures should be implemented
to control erosion, sedimentation, and pollution (fertilizers and pesticides from the proposed golf courses) that could impact the proposed natural open
space or that could impact Agua Hedionda Lagoon. These measures could
include berms, interceptor ditches, sandbags, filtered inlets, debris basins, and
silt traps.
6. Landscaping adjacent to the open space shall include non-invasive plan1 species.
E. TRAFFIC/CIRCULATION
Significant Effect: The proposed project, in conjunction with cumulative build-out forecasts, will result in a significant cumulative impact to traffic and circulation. [FPEIR p.7-61
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or
alterations are required in, or incorporated into, the Project which will substantially lessen the significant environmental effect as identified in the Final EIR. The cumulative impact is anticipated to remain significant. Pursuant to Section 15091 (a) (3) of the State CEQA
Guidelines, there are no feasible measures that would mitigate the impact below a level of significance. As described in the Statement of Overriding Considerations, the City Council has determined that this impact is acceptable because of specific overriding
considerations.
1. The following mitigation measures shall be implemented by the applicant to
reduce significant impacts on two intersections under the Year 2000 conditions and seven intersections under Buildout conditions to a level of less than significant.
The required street improvements and their phasing, based on ultimate buildout conditions, are as follows:
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1997 1-5 Northbound Ramps & Palomar Airuort Road (CMP Location) - Restripe
the westbound Palomar Airport Road approach for the following: two through lanes, one shared through/right-turn lane, and one exclusive right turn lane.
2000 J-5 Northbound Ramm & Cannon Road. (CMP Location) - Restripe the westbound Cannon Road approach for the following: one through lane, one shared through/right-turn lane, and one exclusive right-turn lane.
2006 El Camino Real & Cannon Road (CMP Location) - Restripe the southbound
El Camino Real approach for the following: one left-turn lane, two through lanes, one shared through/right-turn lane, and one exclusive right-turn lane.
2007 Avenida Encinas & Palomar Airport Road (CMP Location) - Restripe the northbound Avenida Encinas approach to provide the configuration: one exclusive left-turn lane, one through lane, and one right-turn lane (already
done).
2008 El Camino Real & Palomar Airport Road (CMP Location) - Restripe the northbound El Camino Real approach for the following: one left-turn lane,
two through lanes, one shared through/right-turn lane, and one exclusive right-turn lane.
2008 1-5 Northbound Ramps & Cannon Road (CMP Location) - Restripe the westbound Cannon Road approach for the following: one through lane, one shared through/right-turn lane, and one exclusive right-turn lane. In addition, provide an additional eastbound Cannon Road left-turn lane. The
resulting lane configuration on the eastbound approach would be two exclusive left-turn lanes and two through lanes.
Buildout Paseo del Norte & Cannon Road (CMP Location) - The southbound approach (SDG&E driveway) should be constructed and striped as follows: one exclusive left-turn lane, one shared through/right-turn lane, and one exclusive right-turn lane. In addition, the eastbound Cannon Road approach would require an additional left-turn lane. The resulting lane configuration in the eastbound direction would be two exclusive left-turn lanes, one through lane, and one through/right turn lane. Also, at a point east of the intersection, an additional westbound Cannon Road through lane would be required. At the intersection, this would result in the following lane configuration in the westbound direction: one exclusive left-turn lane, two
through lanes, and a shared through/right-turn lane.
Buildout Paseo del Norte & Palomar Airport Road - Restripe the northbound and southbound Paseo del Norte approaches to provide the following: two exclusive left-turn lanes, one shared through/right-turn lane, and one exclusive right-turn lane.
If Cannon Road is not extended to El Camino Real by the Year 2000 the developer shall implement the following improvements:
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1997 J-5 Northbound Ramps & Palomar Airport Road (CMP Location) - Restripe the westbound Palomar Airport Road approach for the following: two through lanes, one shared through/right-turn lane, and one exclusive right turn lane.
1997 Collece Boulevard & Palomar Airport Road (CMP Location) - Restripe the southbound College Boulevard approach for the following: one left-turn lane, one shared through/right-turn lane, and one exclusive right-turn lane.
2. In addition, the Congestion Management Plan (CMP) prepared for the
project requires the development and implementation of a deficiency plan for freeway segments. The deficiency plan shall include the following:
e Assist in Funding Other Improvements - This option would involve
providing funds which would be utilized in the construction of other
improvements. Several funding mechanisms already exist in the City
of Carlsbad and are listed in the Zone 13 Local Facilities Management Plan Finance Plan for impacted facilities. These include:
- Traffic Impact Fees
- Community Facility District Moneys - Private Developer Construction
- Transnet Funds - Public Facilities Fees
The Carlsbad Ranch development project is already conditioned on financial participation
in four of the above five funding mechanisms.
e Implement Transportation Demand Management (TDM) Measures - For
applicable land uses within the development, implementation of a TDM program would be a way of reducing the peak hour trips and thus lessening the impacts on the affected facilities. These TDM measures could include but are not limited to: incentives for employees to carpool/vanpool; telecommuting and flex-time; and providing a shuttle from the commuter rail station at Poinsettia Lane.
F. HAZARDOUS WASTE/PESTICIDE RESIDUE
Significant Effect: The proposed project in conjunction with cumulative projects will no1 result in a significant cumulative impact to hazardous waste/pesticide residue. [FPEIR p.7-
61
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes 01 alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR.
1. During grading, observations shall be made by a qualified hazardous materials specialist for areas of possible contamination such as the presence
of underground facilities, buried debris, stained soi1s;waste drums, and ta&
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or odorous soils. Should such materials be encountered, further investigation and analysis shall be required to identify the significance of the potentially contaminated area. Soil remediation measures to address any potentially contaminated areas shall be implemented based on the recommendations of the hazardous materials specialist.
2, Randomly selected surface samples shall be collected after each phase of
grading and chemically tested for pesticides to verify that toxaphene and DDT plus its derivatives are below the established TTLC and STLC action levels.
3. During site development, soils contaminated with petroleum hydrocarbons
shall be mitigated. Mitigation techniques shall include:
Place the affected soil beneath a proposed road/parking area as a
Recycle the affected soil; or
base material;
Bio remediate the affected soil on site.
4. The applicant shall prepare a report documenting results of any future testing. This report shall indicate the measures taken to mitigate contamination, as appropriate. The report shall be submitted to the City of Carlsbad Engineering Department. All recommendations contained in the report shall be complied with by the applicant.
G. LAND USE COMPATIBILITY
Significant Effect: Mitigation and adherence to adopted plans will reduce each individual project included within the cumulative scenario land use impacts to less than significant. [FPEIR p.7-61
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR.
1. Any future site development permit associated with the specific plan or 21.16 acre SDG&E parcel (golf course) shall be reviewed for consistency with the specific plan and,related discretionary actions including the general plan and local coastal plan amendment, zone change, local facilities management plan amendment, and hillside development permit. The Planning Department shall make a determination that the site development plan is consistent with these plans, prior to approval of the permit.
H. NOISE
Significant Effect: The proposed project will result in an increase in ambient noise levels,
which together with projected Series 7 development, will result in -a cumulative impact on
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noise levels. Implementing local noise ordinances, constructing buildings according to state acoustical standards, and proper land use planning can mitigate noise impacts to, noise- sensitive land uses to less than significant levels. [FPEIR p.7-71
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant
environmental effect as identified in the Final Program EIR.
1. The interior noise level of the proposed community hotel building(s) (planning area 3), and resort hotel buildings (planning area 5) shall no1 exceed 45 DBA CNEL. As stated in the McClellan-Palomar Airport's Noise/Land Use Compatibility Implementation Directives, all transient
lodging buildings, within the airport's 60-70 CNEL contours must be subjected to an acoustical study to determine that interior levels do not exceed CNEL 45.
2. An avigation easement for noise shall be required to be recorded with the County Recorder as a condition of approval of the project. A copy of the recorded easement is to be filed with the affected airport operator. For all property transactions, appropriate legal notice shall be given to all
purchasers, lessees and renters of property in "conditionally compatible" or "interior only, conditionally compatible" areas which clearly describes the potential for impacts from airplane noise associated with airport operations. Notice also will be provided as required on the state Real Estate Disclosure form.
I. PUBLIC SERVICES AND UTILITIES
Significant Effect: The project's contribution to the cumulative impact on Public Services and Utilities will be less than significant. [FPEIR p.7-71
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or
alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR.
1. Prior to Site Development Plan approval, developers shall submit security plans for review and approval by the Carlsbad Police Department. The plans shall be submitted prior to Site Development Plan approval, and shall include information about internal security programs, security systems and devices and any other information required by the Police Department.
1. Reclaimed water shall be utilized for all agriculture, golf course, and
landscaping on the project site to the extent feasible. The reclaimed water facilities shall be installed in accordance with the conceptual reclaimed water facility plan as proposed in the specific plan, and City of Carlsbad requirements.
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2, Dual plumbing shall be required for office, commercial, and industrial uses, and the LEGOLAND Carlsbad project as deemed feasible by the Carlsbad Municipal Water District.
J. SOLID WASTE
Significant Effect: The proposed project, in conjunction with cumulative projects, will not result in a significant impact to cumulative solid waste generation. [FPEIR p.7-71
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR.
1. As a condition of any future site development plans for the project, the applicant shall submit a solid waste management plan for review and approval by the City of Carlsbad. This plan shall provide the following:
(1) The approximate location, type and number of containers to be used
to collect refuse and recyclables.
(2) Refuse and recyclable collection methods to be used in each planning area.
(3) A description and site plan for any planned on-site processing facilities
or equipment (balers, compactors).
(4) A description of the types of recycling services to be provided and contractual relationships with vendors to provide these services.
(5) The estimated quantity of waste generated and estimated quantities of recyclable materials in each planning area.
This plan shall also evaluate the feasibility of the following diversion programs/measures:
(1) Source separated green waste collection for specific plan areas
designated for agriculture, golf and developed areas with substantial
landscaping (in particular the LEGOLAND Carlsbad planning area).
(2) Cardboard recycling in office, retail, and warehousing areas.
(3) Office and retail programs which provide for the separation of wet (disposable) and dry (recoverable) materials.
(4) Where feasible, providing compactors for non-recyclables to reduce
the number of trips to disposal facilities.
(5) Glass recycling in restaurants.
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(6) Prbvidmg On-slte recycling containers accessible to the public tc II I 'I 1
encourage the diversion of glass, and aluminum in LEGOLANC
Carlsbad.
(7) Where feasible, implement source reduction measures such a reducing excess packaging, paper and polystyrene cups.
K. VISUAL AESTHETICS/GRADING
Significant Effect: The cumulative landform alteration/aesthetic impact is less thar significant. [FPEIR p.7-81
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes 01
alterations are required in, or incorporated into, the Project which will avoid the significanl
environmental effect as identified in the Final Program EIR.
1. Trees shall be replaced at a 5:1 ratio. These trees shall be planted a1
Cannon Road and Palomar Airport Road, with supplemental water systems Shrubs shall be replaced at a 1:l ratio at Cannon Road only. Replacemenl trees shall be 15 gallon and replacement shrubs shall be 5 gallon. Specie: selection shall be determined by the Caltrans project landscape architect.
2. I-S/Cannon Road landscaping shall be installed concurrently with the
interchange construction project in order to allow the planting to become established in time for the opening of LEGOLAND Carlsbad in 1999.
3. A plantable wall system (e.g. crib wall) shall be utilized to reduce the visibility and aid in graffiti deterrence of the proposed retaining walls. If cast-in-place type walls are used, a form-liner texture (e.g. "ripped rope") shall be incorporated into the design. Furthermore, the walls shall be aligned to allow the planting of vines and shrubs at the base of the walls for graffiti deterrence and to help blend the walls into the surrounding landscape. An agreement shall be reached with the property owner immediately adjacent ta this area to plant and maintain the owner's property.
L. WATER QUALITY
Significant Effect: Typical mitigation measures including compliance with Regional WateI
Quality Control Board regulations and implementation of best management practices will reduce impacts from cumulative projects to a level less than significant.
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes 01
alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR.
- The project proposes a stormwater management infrastructure system design
concept that utilizes a comprehensive system of water conveyances and detention basins. The detention facilities will be designed to remove pollutants and sediment prior to discharge to the adjacent watersheds.
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XI. . FEASIBILITY OF POTENTIAL PROJECT ALTERNATIVES
Because the Project will cause some unavoidable significant environmental effects, a: outlined above (see Section VIII), the City must consider the feasibility of an1
environmentally superior alternative to the Project, as finally approved. The City mu; evaluate whether one or more of these alternatives could avoid or substantially lessen thc unavoidable significant environmental effects. Citizens for quality Growth v. City of Mou~ Shasta (1988) 198 Cal. App3d 433 [243 Cal. Rptr. 7271; See alsQ Pub. Resources Code section 21002. Because it is a judgment call whether an alternative is environmentallq superior these findings contrast and compare all of the alternatives analyzed in the FPEIR,
In general, in preparing and adopting findings a lead agency need not necessarily addresr
the feasibility of both mitigation measures and environmentally superior alternatives wher contemplating the approval of a project with significant impacts. Where the significanl impacts can be mitigated to an acceptable (insignificant) level solely by the adoption of
mitigation measures, the agency, in drafting its findings, has no obligation to consider the feasibility of environmentally superior alternatives, even if their impacts would be less severe than those of the Project as mitigated. Laurel Heights Improvement Association v, Regents of the University of California (1988) 47 Cal.3d 376 [253 Cal Rptr. 4261; Laurel Hills Homeowners Association v. City Council (1978) 83 Cal.App.3d 515 [ 147 Cal. Rptr.
8421 see also Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692 [270 Cal. Rptr. 6501. Accordingly, for this Project, in adopting the findings concerning
Project alternatives, the City Council considers only those environmental impacts, that for the finally approved Project, are significant and cannot be avoided or substantially lessened
through mitigation.
Where, as in this Project, significant environmental effects remain even after application of all feasible mitigation measures identified in the Final Program EIR, the decisionmakers must evaluate the Project alternatives identified in the Final Program EIR. Under these circumstances, CEQA requires findings on the feasibility of Project alternatives. If no Project alternatives are feasible, the decisionmakers must adopt a Statement of Overriding Considerations with regard to the Project. If there is a feasible alternative to the Project,
the decisionmakers must decide whether it is environmentally superior to the Project. Proposed Project alternatives considered must be ones which "could feasibly attain the basic
objectives of the Project." However, the Guidelines also require an EIR to examine alternatives "capable of eliminating" environmental effects even if these alternatives '"would impede to some degree the attainment of the project objectives." [CEQA Guidelines section 15 126 subd.(d)]
CEQA provides the following definition of the term "feasible" as it applies to the findings
requirement: "'Feasible' means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors." Pub. Resources Code, 0 21061.1. The CEQA Guidelines provide a broader definition of "feasibility" that also encompasses "legal" factors. CEQA Guidelines, 8 15364 ("The lack of legal powers of an agency to use in imposing an alternative or mitigation measure may be as great a limitation as any economic, environmental, social, or technological factor.").
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Accordingly, "feasibility" is a term of art under CEQA and thus is afforded a different meaning as may be provided by Webster's Dictionary or any other sources.
Moreover, Public Resources Code section 21081 governs the "findings" requirement under CEQA with regard to the feasibility of alternatives. This provision was recently amended by SB 919. It states in relevant part:
'I. . . [N]o public agency shall approve or carry out a project for which an
environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless the public agency makes one or more of the following findings:
(a)(3) Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report."
The concept of "feasibility," therefore, as it applies to findings, involves a balancing of
various economic, environmental, social, legal, and technological factors. & Pub. Resources Code Ej 21061.1; CEQA Guidelines, Ej 15364; Pub. Resources Code, Ej 21081,; %
also City of Del Mar v. City of San Dieg (1992) 133 Cal.App.3rd 401, 414-417.
In City of Del Mar v, City of San DiePo (1992) 133 Cal.App3d 401,415-417, the Court of Appeal found that the City of San Diego had 'I. . . considered and reasonably rejected . . . [certain] project alternatives . . . as infeasible in view of the social and economic realities in the region." 14. at 417. The court determined that San Diego had attempted to accommodate the feasibility factors based upon its growth management plan which included the proposed development project. Accordingly, the court concluded:
"Assuming this accommodation is a reasonable one (citation omitted), San Diego is entitled to rely on it in evaluating various project alternatives. The cost-benefit analysis which led to the accommodation is of course subject to review, but it need not be mechanically stated at each stage of the approval process. In this sense, 'feasibility' under CEOA encompasses 'desirability' to the extent that desirability is based on a reasonable balancing of the relevant economic. environmental. social,
and technolosjcal factors. We accordingly conclude that San Diego did not abuse its discretion under CEQA in rejecting various project alternatives as infeasible."
U. (emphasis added).
These Findings contrast andscornpare the alternatives where appropriate in order to demonstrate that the selection of the finally approved Project, while still resulting in
significant environmental impacts, has substantial environmental, planning, fiscal and other benefits. In rejecting all of the alternatives, the decisionmakers have examined the finally approved Project objectives and weighed the ability of the various alternatives to meet the objectives. The decisionmakers believe that the Project best meets the finally approved Project objectives with the least environmental impact. The objectives considered by the decisionmakers are:
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1.
2,
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Plan for a variety of compatible land uses separated and buffered by open space areas and landscape setbacks.
Establish a rnixedw development by combining complementary uses arounc LEGOLAND Carlsbad that will become a focus and activity center for tht City of Carlsbad.
Establish recreational, agricultural and open space uses that maintain the
open character and scenic quality of the Carlsbad Ranch property.
Minimize conflicts between agricultural and urban uses.
Develop LEGOLAND Carlsbad to focus on providing fun and creative educational experiences for children in the 2-13 age group and their families,
Grading and drainage approaches for the site should build on the topographic character of the Carlsbad Ranch.
Establish an attractive roadway system that provides access to the Carlsbad Ranch from the north and south.
Provide a circulation system that allows for efficient transit service to the Carlsbad Ranch.
Cooperate with the regional planning and air quality agencies responsible for developing and maintaining the transportation control management plan and regional air quality plans.
Provide bicycle facilities that promote the use of the bicycle as an alternative mode of transportation.
Develop a strong pedestrian circulation network within the Carlsbad Ranch
that connects with planned citywide trail systems,
Provide adequate parking facilities to serve the needs of the commercial and recreational uses on the Carlsbad Ranch.
Additional objectives specific to the site selection for LEGOLAND, the Gemological Institute of America (GIA), a destination resort, a golf course, a regional retail center and other components of the Carlsbad Ranch Specific Plan are as follows:
13. Develop LEGOLAND, a regional retail center and major destination resort in an area that can draw on a regional population base of 15 million people located within a three-hour drive.
14. Locate LEGOLAND, a regional retail center and major destination resort
at a site that is a 30 minute maximum drive from a major metropolis.
15. Develop LEGOLAND Carlsbad themepark on a minimum 128 net acre site.
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16. Develop LEGOLAND, GIA, a major destination resort, a research and development area, and a regional retail center on a site that is an integral element of a well-planned mixed-use project with surrounding uses that are
compatible.
17. Locate LEGOLAND Carlsbad themepark at a site with direct freeway access via a major arterial road and a maximum distance from the freeway interchange to the LEGOLAND Carlsbad site of 2 miles.
18. Locate LEGOLAND, GIA, a major destination resort, a research and development area, a regional retail center and a golf course at a site with no direct access through existing or planned residential neighborhoods.
19. Locate LEGOLAND, a major destination resort and a golf course at a site with close proximity to rail service.
20. Develop LEGOLAND, GIA, a major destination resort, a research and development area, and a regional retail center at a site with major utilities
available in close proximity to the site.
21. Commit the developer and the City to a suitable Master Plan for all surrounding properties to secure quality developments surrounding the LEGOLAND Carlsbad project and safeguard through comprehensive planning against neighboring and undesirable "spin-off' developments.
22. Require existing or proposed projects surrounding the themepark to include low density developments with high quality landscaping, compatible with the emphasis on landscaping and environmental sensitivity that is provided in the LEGOLAND Carlsbad project.
The Final Program EIR for the Project examined a broad range of reasonable on site and off site alternatives to the Project to determine whether it could meet the Project's objectives while avoiding or substantially lessening one or more of the Project's significant, unavoidable impacts. The City has properly considered and reasonably rejected project alternatives as "infeasible" pursuant to CEQA.
NO PROJECT/NO DEVELOPMENT ALTERNATIVE
Description of Alternative
CEQA requires the analysis of the No Project Alternative (Public Resources Code Section 15 126).
This alternative assumes that the site would not be developed with the proposed project, and the site would remain in its. existing condition. The existing uses of the site for agricultural production would continue indefinitely as market conditions, and constraints on agriculture (i.e. water costs) dictate.
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Finding
Finding 3- Specific economic, social, or other considerations make infeasible the mitigatiol measures or project alternatives identified in the Final EIR.
Facts in Support of Finding
A. This alternative would not meet the City of Carlsbad planning and design objective:
for the site as expressed in the Specific Plan and Final EIR. These objective: include:
1. Plan for a variety of compatible land uses separated and buffered by oper
space areas and landscape setbacks.
2. Establish a mixed-use development by combining complementary uses arounc LEGOLAND Carlsbad that will become a focus and activity center for thc City of Carlsbad.
3. Establish recreational, agricultural and open space uses that maintain the open character and scenic quality of the Carlsbad Ranch property.
4. Minimize conflicts between agricultural and urban uses.
5. Develop LEGOLAND Carlsbad to focus on providing fun and creative educational experiences for children in the 2-13 age group and their families,
6. Grading and drainage approaches for the site should build on the topographic character of the Carlsbad Ranch.
7. Establish an attractive roadway system that provides access to the Carlsbad Ranch from the north and south.
8. Provide a circulation system that allows for efficient transit service to the Carlsbad Ranch.
9. Cooperate with the regional planning and air quality agencies responsible for developing and maintaining the transportation control management plan and regional air quality plans.
10. Provide bicycle facilities that promote the use of the bicycle as an alternative
mode of transportation.
11. Develop a strong pedestrian circulation network within the Carlsbad Ranch that connects with planned citywide trail systems.
12. Provide adequate parking facilities to serve the needs of the commercial and
recreational uses on the Carlsbad Ranch.
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Additional objectives specific to the site selection for LEGOLAND, the Gemologica Institute of America (GIA), a destination resort, a golf course, a regional retail center an( other components of the Carlsbad Ranch Specific Plan are as follows:
13. Develop LEGOLAND, a regional retail center and major destination resor in an area that can draw on a regional population base of 15 million peopll located within a three-hour drive.
14. Locate LEGOLAND, a regional retail center and major destination resor at a site that is a 30 minute maximum drive from a major metropolis.
15. Develop LEGOLAND Carlsbad themepark on a minimum 128 net acre site
16. Develop LEGOLAND, GIA, a major destination resort, a research an( development area, and a regional retail center on a site that is an integra element of a well-planned mixed-use project with surrounding uses that art
compatible.
17. Locate LEGOLAND Carlsbad themepark at a site with direct freeway acces; via a major arterial road and a maximum distance from the freewa: interchange to the LEGOLAND Carlsbad site of 2 miles.
18. Locate LEGOLAND, GIA, a major destination resort, a research anc
development area, a regional retail center and a golf course at a site with nc direct access through existing or planned residential neighborhoods.
19. Locate LEGOLAND, a major destination resort and a golf course at a site with close proximity to rail service.
20. Develop LEGOLAND, GIA, a major destination resort, a research and development area, and a regional retail center at a site with major utilitie: available in close proximity to the site.
21. Commit the developer and the City to a suitable Master Plan for all surrounding properties to secure quality developments surrounding the LEGOLAND Carlsbad project and safeguard through comprehensive
planning against neighboring and undesirable "spin-off" developments.
22. Require existing or proposed projects surrounding the themepark to include low density developments with high quality landscaping, compatible with the emphasis on landscaping and environmental sensitivity that is provided in the LEGOLAND Carlsbad project.
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DEVELOPMENT UNDER EXISTING CARLSBAD RANCH SPECIFIC PLAN DESIGNATIONS
Description of Alternative
This alternative assumes that the project site would be developed under the existing
approved Carlsbad Ranch Specific Plan designations. The existing specific plan designates the project site as professional office/research and development, community commercial, travel service/community commercial, community commercial/office/research anc development, open space, and non-residential reserve. This alternative assumes that nc amendments to the existing plans (specific plan, general plan, local coastal plan) would be required for development under this scenario.
Buildout under the existing Carlsbad Ranch Specific Plan designations would allow for thc
development of a maximum of 1,450,000 square feet of office, 220,000 square feet of retail
and a 280 room hotel. The specific plan also allows for a golf range, and the retention o approximately 306 acres of agriculture. The existing Carlsbad Ranch Specific Plar encompasses a total of 423.5 acres.
Finding
Finding 3- Specific economic, social, or other considerations make infeasible the mitigatiol measures or project alternatives identified in the Final EIR.
Facts in Support of Finding
A. This alternative would not meet the City of Carlsbad planning and design objective, for the site as expressed in the Specific Plan and Final EIR. These objective include:
2. Establish a mixed-use development by combining complementary uses arounc LEGOLAND Carlsbad that will become a focus and activity center for thc City of Carlsbad.
3. Establish recreational, agricultural and open space uses that maintain thl
open character and scenic quality of the Carlsbad Ranch property.
5. Develop LEGOLAND Carlsbad to focus on providing fun and creativl
educational experiences for children in the 2-13 age group and their familie!
11. Develop a strong pedestrian circulation network within the Carlsbad Ranc:
6
that connects with planned citywide trail systems.
Additional objectives specific to the site selection for LEGOLAND, the Gemologicl Institute of America (GIA), a destination resort, a golf course, a regional retail center an other components of the Carlsbad Ranch Specific Plan are as follows:
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13. Develop LEGOLAND, a regional retail center and major destination resort
in an area that can draw on a regional population base of 15 million people located within a three-hour drive.
14. Locate LEGOLAND, a regional retail center and major destination resort at a site that is a 30 minute maximum drive from a major metropolis.
15. Develop LEGOLAND Carlsbad themepark on a minimum 128 net acre site.
16. Develop LEGOLAND, GIA,' a major destination resort, a research and development area, and a regional retail center on a site that is an integral element of a well-planned mixed-use project with surrounding uses that are
compatible.
17. Locate LEGOLAND Carlsbad themepark at a site with direct freeway access via a major arterial road and a maximum distance from the freeway
interchange to the LEGOLAND Carlsbad site of 2 miles.
18. Locate LEGOLAND, GIA, a major destination resort, a research and development area, a regional retail center and a golf course at a site with no direct access through existing or planned residential neighborhoods.
19. Locate LEGOLAND, a major destination resort and a golf course at a site with close proximity to rail service.
20. Develop LEGOLAND, GIA, a major destination resort, a research and development area, and a regional retail center at a site with major utilities available in close proximity to the site.
21. Commit the developer and the City to a suitable Master Plan for all surrounding properties to secure quality developments surrounding the LEGOLAND Carlsbad project and safeguard through comprehensive
planning against neighboring and undesirable "spin-off" developments.
22. Require existing or proposed projects surrounding the themepark to include low density developments with high quality landscaping, compatible with the emphasis on landscaping and environmental sensitivity that is provided in the LEGOLAND Carlsbad project.
ALTERNATIVE LOCATION
Description of Alternative
This alternative assumes the development of the proposed project at an alternative location
The alternative location that is the most suitable site for the entire Carlsbad Ranch Specific Plan Amendment and SDG&E component project is in Oceanside, north of Oceansidr Boulevard, east of El Camino Real, and south of Mesa Drive. This site would be able tc
accommodate the entire Carlsbad Ranch Specific Plan Amendment land uses, could mee
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some of the basic objectives of the project, could avoid some impacts associated with thl proposed project without resulting in additional significant impacts not associated with thl proposed project and is currently planned for non-residential uses. Additionally, this sit1 meets the criteria identified for minimum site acreage, distance to freeway, no acces through residential neighborhoods, and proximity to rail service. It does not meet th remaining eight criteria which includes a maximum distance from a major metropolis of 3 minutes, site part of a mixed-use with compatible uses, direct freeway access, utilitie available nearby and the landowner and developer performance requirements.
Finding
Finding 3-Specific economic, social, or other considerations make infeasible the mitigatio~ measures or project alternatives identified in the Final EIR.
Facts in Support of Finding
This alternative would not meet the City of Carlsbad planning and design objectives for thi site as expressed in the Specific Plan and Final EIR. These objectives include:
1. Plan for a variety of compatible land uses separated and buffered by ope: space areas and landscape setbacks.
2. Establish a mixed-use development by combining complementary uses arounc LEGOLAND Carlsbad that will become a focus and activity center for tht City of Carlsbad.
3. Establish recreational, agricultural and open space uses that maintain thr open character and scenic quality of the Carlsbad Ranch property.
4. Minimize conflicts between agricultural and urban uses.
5. Develop LEGOLAND Carlsbad to focus on providing fun and creativr educational experiences for children in the 2-13 age group and their families
6. Grading and drainage approaches for the site should build on the
topographic character of the Carlsbad Ranch.
7. Establish an attractive roadway system that provides access to the Carlsbac
Ranch from the north and south.
8. Provide a circulation system that allows for efficient transit service to the Carlsbad Ranch.
9. Cooperate with the regional planning and air quality agencies responsible fo~
developing and maintaining the transportation control management plan anc regional air quality plans.
10. Provide bicycle facilities that promote the use of the bicycle as an alternative
mode of transportation.
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11. Develop a strong pedestrian circulation network within the Carlsbad Rancl that connects with planned citywide trail systems.
12. Provide adequate parking facilities to serve the needs of the commercial an1 recreational uses on the Carlsbad Ranch.
Additional objectives specific to the site selection for LEGOLAND, the Gemologica Institute of America (GIA), a destination resort, a golf course, a regional retail center an1 other components of the Carlsbad Ranch Specific Plan are as follows:
13. Develop LEGOLAND, a regional retail center and major destination resol in an area that can draw on a regional population base of 15 million peoplc
located within a three-hour drive.
14. Locate LEGOLAND, a regional retail center and major destination resor at a site that is a 30 minute maximum drive from a major metropolis.
15. Develop LEGOLAND Carlsbad themepark on a minimum 128 net acre site
16. Develop LEGOLAND, GIA, a major destination resort, a research anc development area, and a regional retail center on a site that is an integra
element of a well-planned mixed-use project with surrounding uses that arc
compatible.
17. Locate LEGOLAND Carlsbad themepark at a site with direct freeway acces via a major arterial road and a maximum distance from the freewq interchange to the LEGOLAND Carlsbad site of 2 miles.
18. Locate LEGOLAND, GIA, a major destination resort, a research anc development area, a regional retail center and a golf course at a site with nc
direct access through existing or planned residential neighborhoods.
19. Locate LEGOLAND, a major destination resort and a golf course at a site with close proximity to rail service.
20. Develop LEGOLAND, GIA, a major destination resort, a research anc
development area, and a regional retail center at a site with major utilitie! available in close proximity to the site.
21. Commit the developer and the City to a suitable Master Plan for a1 surrounding properties to secure quality developments surrounding tht LEGOLAND Carlsbad project and safeguard through comprehensivc
planning against neighboring and undesirable "spin-off' developments.
22. Require existing or proposed projects surrounding the themepark to include low density developments with high quality landscaping, compatible with the emphasis on landscaping and environmental sensitivity that is provided in the LEGOLAND Carlsbad project.
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XII. STATEMENT OF OVERRIDING CONSIDERATIONS
The Project would have significant, unavoidable impacts on the following areas, describe( in detail in Section VI1 of these Findings of Fact (Direct Significant Effects and Mitigatio~ Measures):
- Agricultural Resources (Cumulative) - Air Quality (Cumulative) - Traffic (Cumulative)
The City has adopted all feasible mitigation measures with respect to these impacts Although in some instances these mitigation measures may substantially lessen thesc significant impacts, adoption of the measures will not fully avoid the impacts.
The City has examined a reasonable range of alternatives to the Project. Based on thi examination, the City has determined that none of these alternatives both (1) meets Projec objectives, and (2) is environmentally preferable to the finally approved Project.
As a result, to approve the Project the City must adopt a "statement of overridin, considerations" pursuant to CEQA Guidelines Sections 15043 and 15093. This statemen allows a lead agency to cite a project's general economic, social or other benefits as justification for choosing to allow the occurrence of specified significant environmentz effects that have not been avoided. The statement explains why, in the agency's judgemen. the Project's benefits outweigh the unavoided significant effects.
CEQA does not require lead agencies to analyze "beneficial impacts" in an EIR. Rathel EIRs are to focus on potential "significant effects on the environment," defined to bl "adverse". (Pub. Resources Code, Section 21068). The Legislature amended the definitio: to focus on "adverse" impacts after the California Supreme Court had held that beneficia impacts must also be addressed. (See Wildlife Alive v. Chickering (1976) 18 Cal. 3d 19( 206 [132 Cal.Rptr.3771.) Nevertheless, decisionmakers benefit from information abou Project benefits. These benefits can be cited, if necessary, in a statement of overridin considerations. w CEQA Guidelines, Section 15093.)
The City finds that the Project would have the following substantial social, environment2
and economic benefits:
1. The proposed project is consistent with and implements the goals and objectives c the City of Carlsbad General Plan.
2. The proposed project provides a compatible mixture of land uses which include natural open space, public recreation, a resort hotel and visitor serving retail an commercial uses, flower fields, a vocational school campus, and the LEGOLANI
themepark.
3. The proposed project will increase employment opportunities in the City of Carlsba including short-term construction employment and long-term employment associate
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with the proposed land uses. Total new jobs in both the service and nonservice
sector generated by the project range between 4,000-6,000.
4. The proposed project is anticipated to have an overall positive fiscal effect on the City of Carlsbad. Development of the project will result in estimated annual Citj tax revenues of approximately $5.4 million to $5.5 million. This represent! approximately 14% of the City's 1994-1995 General Fund budget. The ne' additional annual revenues to the City are estimated to total approximately $3.: million to $3.2 million. (Fiscal Impact Study and Incremental Revenue Analysis o LEG0 World Theme Park", Price Waterhouse 1993).
5. The proposed project will allow for the development of the Project as an integrated
whole which will foster the agricultural use in perpetuity for the agricultural land5 most suitable for use on the site.
6. The project as an integrated whole will provide significant public benefits ir education including LEGOLAND, the flower fields, and the Gemological Institute of America campus.
7. The proposed project will provide public recreational uses including LEGOLAND
the golf course, the flower fields and open space.
8. Approval of the proposed project will allow feasibility of bond financing for the circulation improvements by creating the higher, non-agricultural assessments, upor
which bond financing is based. Road improvements include the extension 0: Cannon Road from Car Country Drive to the eastern boundary of the project.
Q
55
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December 6, l!
FINAL
PROGRAM ENVIRONMENTAL IMPACT REPORT
MITIGATION MONITORING PROGRAM
for the
CARLSBAD RANCH SPECIFIC PLAN AMENDMENT '
SCH # 9505 1001
EIR 94-01
NOVEMBER 1995
Prepared for:
City of Carlsbad Planning Department
2075 Las Palmas Drive
Carlsbad, California 92009
Prepared by:
Cotton/Beland/Associates, Inc.
747 East Green Street, Suite 400
Pasadena, California 91 101
6310 Greenwich, Suite 220 San Diego, California 92122
879.00
0 0
CARLSBAD RANCH SPECIFIC PLAN AMENDMENT EIR 94-01 MITIGATION MONITORING PROGRAM
PURPOSE OF THE MONITORING PROGRAM
The Mitigation Program is written in accordance with Section 21081.6 of the Public
Resources Code, which was added by Assembly Bill 3180 and became effective on
January 1, 1989. The purpose of the program is to ensure that the mitigation
measures required by the Environmental Impact Report (EIR) for the Carlsbad
Ranch Specific Plan Amendment EIR are properly implemented. The City will monitor the mitigation measures required for development and operation of the Carlsbad Ranch Specific Plan Amendment EIR. The Mitigation Monitoring Checklist provides a mechanism- for monitoring the mitigation measures ir compliance with the EIR, and general guidelines for the use and implementation ol
the monitoring program are described below.
MITIGATION MONITORING CHECKLIST
The Mitigation Monitoring Checklist is organized by categories of environmental
impacts, (e.g., Biological Resources, Land Use, Traffic/Circulation). For each
impact area, the potential impacts identified in the EIR are summarized and the
required mitigation measures are listed. The following items are identified for each
mitigation measure to ensure proper implementation and to establish a monitoring
system: Monitoring Agency, When Implemented, Implementation Mechanism and
Status. A description of these items is provided below.
Monitoring Agency
For each mitigation measure, the Monitoring Agency is identified. The monitoring
agency is responsible for ensuring that the mitigation measures are properly
implemented. City departments charged with community development, resource
management, infrastructure and public services are typically assigned monitoring responsibilities. If mitigation measures have been requested by an agency that has
jurisdiction by law over some component of the environment, the City can request the agency to prepare a mitigation monitoring program for those mitigation measures.
When Implemented
The mitigation measures required for the Carlsbad Ranch Specific Plan EIR will be
implemented at various times as development proceeds and during operation. Some
measures must be implemented during construction activities, while others must be implemented when the land use is developed and in operation. For each mitigation
measure, the implementation schedule is identified as Pre-Construction, During Construction and Post Construction (during operation).
d
Curisbad Ranch S cijic Pian Amendment CI of -bad Final Program E# $embet 1995 Mitigation Monitoring Program 1
9 9
Monitoring Mechanism
The Monitoring Mechanism identifies the specific step in the developmen
regulatory process where implementation of the measure will be required. Fo
example, completion of geotechnical studies may be required prior to approval 0:
the grading plan. The information in this column tells the Monitoring Agency hov specific measures will be incorporated into the development process and whe1
monitoring should occur.
Status
The Status column of the checklist has been intentionally left blank. City staff wil
use this column to make notes about the progress made in implementing eack measure. Upon full implementation of the measure, the completion date will bc entered.
HOW TO USE THE MONITORING PROGRAM
The EIR for the Carlsbad Ranch Specific Plan identifies a number of mitigatio1
measures to reduce significant environmental impacts. Some of the mitigatioL
measures apply to the entire project site and must be implemented before anq
development occurs. Other mitigation measures will be implemented during projeci
operations. As a result., the implementation schedule for each measure varies a
described in the table.
Final Program EIF Carhbad Ranch S cific Plan Amendment
Mitigation Monitoring Program 2
Ci of ~arrsbad N?Jvember I995
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