HomeMy WebLinkAbout1997-12-03; Planning Commission; Resolution 4157@
PLANNING COMMISSION RESOLUTION NO. 4157
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
CERTIFICATION OF A PROGRAM ENVIRONMENTAL
THERETO, FOR THE POINSETTIA PROPERTIES SPECIFIC
PLAN (SP 210) AND RELATED APPLICATIONS,
RECOMMENDING APPROVAL OF A STATEMENT OF
OVERRIDING CONSIDERATIONS AND THE MITIGATION
MONITORING AND REPORTING PROGRAM ON PROPERTY
GENERALLY LOCATED NORTH OF LAKE SHORE
GARDENS MOBILEHOME PARK SOUTH OF THE
POINSETTIA TRANSIT STATION AND LANIKAI LANE
MOBILEHOME PARK, WEST OF AVENIDA ENCINAS, AND
EAST OF CARLSBAD BOULEVARD IN LOCAL FACILITIES
MANAGEMENT ZONE 22.
CASE NAME: POINSETTIA PROPERTIES SPECIFIC PLAN
IMPACT REPORT, EIR 96-01 AND THE ADDENDUM
CASE NO.: EIR 96-0 1
WHEREAS, HSL/BP/Michan, L.P., “Developer”, has filed a verified applic
€or certain property, to wit:
See Exhibit “A”, attached hereto and incorporated by this
reference.
with the City of Carlsbad, which has been referred to the Planning Commission; and
WHEREAS, said application constitutes a request for approval of the Poins
Properties Specific Plan Project (“Project”) as is more fully described in the Final Pro$
Environmental Impact Report, EIR 96-01 and the Addendum thereto, dated Novembe
1997, as provided in Chapter 19.04 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of November 1
the 19th day of November 1997, and the 3rd day of December 1997 hold duly noticed p
hearings as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testir
and arguments, if any, of all persons desiring to be heard, said Commission considered all fa
relating to the project; and
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plar:
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That the Final Program Environmental Impact Report consists of the L
Environmental Impact Report, EIR 96-01, dated July 1997, and the D
Addendum, dated November 13, 1997, appendices, written comments
responses to comments, as amended to include the comments and documen
those testifying at the public hearing and responses thereto hereby found to 1
good faith and reason by incorporating a copy of the minutes of said pi
hearing into the report, all on file in the Planning Department incorporate
this reference, and collectively referred to as the “Report”.
C) That the Environmental Impact Report EIR 96-01 and the Addendum the:
as so amended and evaluated is recommended for acceptance and certificatic
the final Environmental impact Report and that the final Environmental Ia
Report as recommended is adequate and provides reasonable information or
project and all reasonable and feasible alternatives thereto, including no projec
D) That based on the evidence presented at the public hearing, the Commis
RECOMMENDS CERTIFICATION of Program Environmental Im
Report, EIR 96-01 and the Addendum thereto; RECOMMEI
APPROVAL of the Candidate Findings of Fact (“CEQA Findin!
attached hereto marked Exhibit “B” and incorporated by this refere
RECOMMENDS APPROVAL of the Statement of Overril
Considerations (“Statement”), attached hereto marked Exhibit “B”
incorporated by this reference; and RECOMMENDS APPROVAL of
Mitigation Monitoring and Reporting Program (“Program”), attac
hereto marked Exhibit “C” and incorporated by this reference; based or
following findings and subject to the following conditions.
Findings:
1. The Planning Commission does hereby find that Final Program EIR 96-01 and
Addendum thereto, the Candidate Findings of Fact, the Mitigation Monitoring
Reporting Program, and the Statement of Overriding Considerations have been prep
in accordance with requirements of the California Environmental Quality Act, the !
EIR Guidelines, and the Environmental Review Procedures of the City of Carlsbad.
2. The Planning Commission of the City of Carlsbad has reviewed, analyzed
considered Final Program EIR 96-01 and the Addendum thereto, the environmc
impacts therein identified for this project; the Candidate Findings of Fact (“Findings
“CEQA Findings”) and the Statement of Overriding Considerations attached heret
: PC RES0 NO. 4157 -2-
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Exhibit “B”, the Mitigation Monitoring and Reporting Program (“Program”) atta
hereto as Exhibit “C”, prior to RECOMMENDING APPROVAL of the project.
3. The Planning Commission finds that Final Program EIR 96-01 and the Addenl
thereto reflects the independent judgment of the City of Carlsbad Plan
Commission.
4. The Planning Commission does hereby RECOMMEND APPROVAL, accept a
own, incorporate as if set forth in full herein, and make each and every one of the finc
contained in the “Candidate Findings of Fact” (Exhibit “B”).
5. As is more fully identified and set forth in Final Program EIR 96-01 and
Addendum thereto and in the Candidate Findings of Fact, the Planning Commis
hereby finds pursuant to Public Resources Code Section 21 081 and CEQA Guide1
Section 1509 1 that the mitigation measures described as feasible in the above referel
documents, are feasible, and will become binding upon the entity assigned thereb
implement same.
6. As is also noted in the above referenced environmental documents describe in the a1
finding number 4, each of the alternatives to the project which were identifiec
potentially feasible in Final Program EIR 96-01 and the Addendum thereto are fc
not to be feasible since they could not meet both the objectives of the project and a.
the identified significant environmental effects through implementation of fea5
mitigation measures, for the reasons set forth in said Candidate Findings of Fact.
7. As required by the Public Resources Code Section 2108 1.6, the Planning Commis
hereby RECOMMENDS ADOPTION of the Mitigation Monitoring and Repor
Program (“Program”) (Exhibit “C”). The Planning Commission hereby finds that
Program is designed to ensure that during project implementation the Developer and
other responsible parties implement the project components and comply with the feas
mitigation measures identified in the Candidate Findings of Fact and the Program.
8. Changes or alterations have been required in or incorporated into the project wl
mitigate or avoid each significant effect identified in the EIR and the Addendum there
9. Even after the adoption of all feasible mitigation measures and any feasible alternati
certain significant or potentially significant environmental effects caused by the proj
will remain. Therefore, the Planning Commission hereby recommends that the (
Council of the City of Carlsbad issue, pursuant to Section 15093 of the CE
Guidelines, a Statement of Overriding Considerations set forth in Exhibit “
which identifies the specific economic, social, and other considerations that render
unavoidable significant adverse environmental effects acceptable.
10. The Record of Proceedings for this project consists of the following:
a. The Report, CEQA Findings, Statement and Program; 1 PC RES0 NO. 4157 -3-
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b. All reports, applications, memoranda, maps, letters and other planning docun
prepared by the planning consultant, the project Applicant, the environm
consultant, and the City of Carlsbad that are before the decisionmakel
determined by the City Clerk;
c. All documents submitted by members of the public and public agencie
connection with the EIR and the Addendum thereto on the project;
d. Minutes of all public meetings and public hearings; and
e. Matters of common knowledge to the City of Carlsbad which they con:
including but not limited to, the Carlsbad General Plan, Carlsbad ZOI
Ordinance, and Local Facilities Management Plan, which may be found a'
office of the City Clerk located at 1200 Carlsbad Village Drive and
Community Development Office located at 2075 Las Palmas Drive in
custody of the City Clerk and the Planning Director.
Conditions:
1. The project shall implement the mitigation measures described in Exhibit '
Mitigation Monitoring and Reporting Program, for the mitigation measures
monitoring programs applicable to development of the Poinsettia Properties Spe,
Plan Project.
2. Within 30 days of Certification of EIR 96-01 and the Addendum thereto,
Developer shall enter into an agreement with the City to indemnify the City for
legal challenges of the adequacy of the EIR content or processing in a form tc
approved by the City Attorney. The City Manager is authorized to execute s
Agreement on behalf of the City.
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i 1 PC RES0 NO. 4157 -4-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Plan
ia, held on the 3rd day of December 1997, b
following vote, to wit:
AYES: Commissioners Compas, Heineman, Monroy, Noble, Savary a~
Welshons
NOES: Chairperson Neilsen
ABSENT:
ABSTAIN: -
PC RES0 NO. 4157 -5-
e 0 EXHIBIT “A”
Parcel I:
Those portions of Lots 2 and 3 the North 1/3 of Lot 4 and the East Half of the Northeast
Quarter of Section 29, Township 12 South, Range 4 West, San Bernardino Meridian, in
the City of Carlsbad, County of San Diego, State of California, according to Official Plat
thereof, lying Southwesterly of the Southwesterly line of the 200 foot right of way of the
Atchison Topeka and Santa Fe Railroad and lying Easterly of the Easterly line of Parcel
5-A as described in the Final Order of Condemnation in Superior Court of San Diego
County, Case No. 165983, a copy of which being recorded April 23, 1952 in Book 4444,
Page 395 of Official Records, said Easterly line being described as follows:
Beginning at a point on the South line of said Fractional Section 29, distant thereon
North 89’49’10’’ West 325.97 feet from the corner common to Section 28, 29, 32 and
33, Township 12 South, Range 4 West, San Bernardino Meridian, said point also being
distant along said South Line South 89’49’10” East 88.23 feet from Engineers Station
196 plus 46.33 on the center line of the Department of Public Works Survey made in
1947 between half mile South of San Marcos Creek and 2.2 miles South of Carlsbad,
Road XI-SD-2-B; thence along a line parallel with and distant 80.00 feet Easterly at
right angles from the center line of said Survey North 24”45’30” West 72.54 feet; thence
along a tangent curve to the right with a radius of 6,120 feet through an angle of
4’55’30” a distance of 526.06 feet; thence North 19’50’ West 3628.47 feet; thence
along a tangent curve to the right with a radius of 19,846 feet through an angle point of
O”22’46” a distance of 131.43 feet to a point on the North line of said Lot 2, distant
along said North line South 89”55’53” West 466.01 feet from the Northeast corner of
said Lot 2, said point also being distant along said North line of Lot 2 North 89’55’53’’
east 84.78 feet from Engineer’s Station 240 plus 28.54 on the center line of said
Survey.
Excepting from said Lot 3, that portion conveyed to the County of San Diego, in Parcel
2 of Directors Deed recorded December 22, 1966 as File No. 198819 of Official
Records.
Excepting therefrom that portion described as follows:
Commencing at the Southerly terminus of Course No. 5 of Parcel One of that certain
Directors Deed conveyed to the County of San Diego and recorded on December 22,
1966 as File No. 198819 of Official Records, said Course No. 5 having a bearing and
distance of North 13”05’20” West, 20.00 feet; thence along the Southerly prolongation
of said Course South 13’46’30’’ East 28.75 feet to a line having a bearing of South
76”16’30” West, said line being South 13”46’30” East 28.75 feet from the Northerly line
of Poinsettia Lane measured along the Southerly prolongation of said Course No. 5;
thence South 76”16’30” West 1155.57 feet to the intersection with the Westerly right of
way of the Atchison, Topeka and Santa Fe Railroad Company, said point of intersection
being the true point of beginning and being distant South 21”08’51” East 27.97 feet
from the Northerly line of Poinsettia Lane as measured along the westerly right of way
Exhibit “A” to Planning Commission Resolution No. 4157 Page I of 5
0 e
of said Railroad Company; thence along said Westerly right of way line North 21”98’51”
West 51.43 feet to a line parallel with and distance Northerly 51.00 feet measured at
right angles to the above mentioned line having a bearing and distance of South
76”16;30: West 11 55.57 feet; thence along said parallel line South 76”16’30” West
495.77 feet to the intersection with the Easterly right of way of the State Highway as
described in Parcel 5A of Final Order of Condemnation in Superior court of San Diego
County, Case #I65983 filed in the Office of the County Clerk of said county; thence
along said Easterly line South 19”50’19” East 51.29 feet; thence North 76’16’30” East
496.95 feet to the true point of beginning.
Except therefrom those portions previously dedicated to the public use as described in
the aforementioned Directors Deed recorded December 22, 1966 as File 0. 198819 of
Official Records.
Also excepting therefrom that portion described as follows:
Commencing at the Southerly terminus of Course No. 5 of Parcel One of that certain
Directors Deed conveyed to the County of San Diego and recorded on December 22,
1966 as File No. 198819 of Official Records said Course No. 5 having a bearing and
distance of North 13”05’20” West. 20.00 feet; thence along the Southerly prolongation
of said Course South 13”46’30” East 28.75 feet to a line having a bearing of South
76’16’30’’ West, said line being South 13”46’30” East 28.75 feet from the Northerly line
of Poinsettia Lane measured along the Southerly prolongation of said Course No. 5;
thence South 76’16’30” West 11 55.57 feet to the intersection with the Westerly right of
way of the Atchison, Topeka and Santa Fe Railroad Company, said point of intersection
being the true point of beginning and being distant South 21”08’51” East 27.97 feet
from the Northerly line of Poinsettia Lane as measured along the Westerly right of way
of said Railroad Company; thence along said westerly right of way line South 21”08’51”
East 51 -43 feet to a line parallel with and distant Southerly 51 .OO feet measured at right
angles to the above mentioned line having a bearing and distance of South 76’16’30’’
West 1155.57 feet; thence along said parallel line South 76”16’30” West 498.13 feet to
the intersection with the Easterly right of way line of the State Highway as described in
Parcel 5A of Final Order of Condemnation in Superior Court of San Diego County Case
#I65983 filed in the Office of the County Clerk of said County; thence along said
Easterly line North 19”50’19” West 51.29 feet; thence North 76”16’30” East 496.95 feet
the true point of beginning.
Excepting therefrom those portions previously dedicated to the public use as described
in the aforementioned Directors Deed recorded December 22, 1966 as File No. 198819
of Official Records. Excepting therefrom all oil, and mineral rights below 500 feet
without right of surface entry as reserved by A. L. Shipley, Jr., Conservator of the estate
of George H. Capron in deed recorded June 30, 1969 as File No. 116905 and re-
recorded July 23, 1969 as File No. 132460, both of Official Records.
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Exhibit “A” to Planning Commission’ Resolution No. 4 157 Page 2 of 5
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Parcel 2:
Those portions of the East Half of Section 29 ,and the West Half of Section 28,
Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad,
County of San Diego, State of California, according to Official Plat thereof, described
as follows:
Beginning at the Northwest corner of the East Half of the Northeast Quarter of said
Section 29; thence along the Northerly line of said East half of the Northeast Quarter
North 89’58’20” West 294.68 feet to the beginning of a tangent curve concave
Southwesterly having a radius of 600.00 feet; thence Southeasterly along said curve
through a central angle of 63’10’41” an arc distance of 661.60 feet; thence tangent to
said curve South 26’50’59” East 389.48 feet to the beginning of a tangent curve
concave Westerly having a radius of 1700.00 feet; thence Southerly along said last
mentioned curve through a central angle of 9’37’29” an arc distance of 285.57 feet;
thence tangent to said last mentioned curve South 17O23’30” East 1 187.36 feet to the
beginning of a tangent curve concave Westerly having a radius of 1250.00 feet; thence
Southerly along said last mentioned curve, through a central angle of 23’30’00” an arc
distance of 512.69 feet to the ‘beginning of a revere curve concave Easterly having a
radius of 500.00 feet; thence Southerly along said last mentioned curve to an
intersection with the Northerly line of that certain Parcel of land deeded to the County of
San Diego in Parcel 1 of Directors Deed recorded December 22, 1966 as File No.
198819 of Official Records; thence South 76’54’40” West along said Northerly line to
the easterly line of the 20.00 foot Atchison, Topeka and Santa Fe Railway Company
Right of Way; thence along said Easterly line North 21 “08’1 5” West to the West line of
said East Half of the Northeast Quarter; thence along said West line North 0’02’20”
West, 765.33 feet to the true point of beginning.
Excepting therefrom that portion described as follows:
Commencing at the Southerly terminus of Course No. 5 of Parcel 1 of that certain
Directors Deed conveyed to the County of San Diego and recorded on December 22,
1966 as File No. I988819 of Official Records, said Course No. 5 having a bearing and
distance of North 13’05’20’’ West, 20.00 feet; thence along the Southerly prolongation
of said curve South 13’46’30” East 28.75 feet to a line having a bearing of South
76’16’30” West, said line being South 13O46’30” East 28.75 feet from the northerly line
of Poinsettia Lane measured along the Southerly prolongation of said Course No. 5;
thence South 76’16’30’’ West 243.98 feet to the true point of beginning, said point
being the Southerly terminus of that certain Course cited as being a curve having a
radius of 500.0 feet and an arc distance of 174.53 feet in Parcel 2 in deed to John D.
Lusk & Son, a California Corporation, recorded January 9, 1973 as File No. 73-006848
of Official Records of said San Diego County; thence continuing South 76’16’30” West
709.90 feet - record 710.09 feet - to the intersection with the Easterly right of way line of
the Atchison, Topeka and Santa Fe Railroad Company, said point of intersection being
distant South 21 ‘08’51” East 28.15 feet from the Northerly line of Poinsettia Lane as
Exhibit ‘X” to Planning Commission Resolution No. 4157 Page 3 of 5
e e
measured along the Easterly right of way of said Railroad Company; thence along said
Easterly right of way North 21 “08’51’’ West 51.43 feet to a line parallel with and distant
Northerly 51.00 feet measured at right angles to the above mentioned line having a
bearing and distance of South 76’16’30” West 709.90 feet; thence along said parallel
line North 76’16’30” Eat 71 9.15 feet to the intersection with a non tangent curve
concave Easterly and having a radius of 500.00 feet, and said curve being the above
mentioned curve having a radius of 500.00 feet, a radial from said point bears North
82’07’45” East; thence Southerly along a said curve through a central angle of 5”51’15”
an arc length of 51.09 feet to the true point of bearing.
Excepting therefrom those portions previously dedicated to the public use as described
in the aforementioned deed recorded December 22, 1966 as File No. 198819 of Official
Records.
Excepting therefrom that portion described as follows:
Beginning at the Northwest corner of the East Half of the Northeast Quarter of said
Section 29; thence South 20’27;52: East 869.10 feet; thence South 69’32’08” West
275.76 feet to a point on the Easterly right of way line of the Atchison, Topeka and
Santa Fe Railway, being 200.00 feet wide; thence along said right of way line North
20’27’52’’ West 154.51 feet to a point on the Easterly line of Lot 1 in said Section 29;
thence along said line North O”’38’14” East 765.95 feet to the point of beginning.
Also excepting therefrom that portion of the East 1/2 of Section 29 and the West 1/2 of
Section 28, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of
Carlsbad, County of San Diego, State of California, according to Official Plat thereof
lying Northerly of the Northerly line of Parcel “C” as described in the deed to the City of
Carlsbad filed in the Office of the County Recorder of San Diego County, on May 18,
1984 as File No. 84-186516 of Official Records, and lying Southerly, Easterly,
Southeasterly on the following described line:
Commencing at the centerline intersection of avenue Avenida Encinas and Poinsettia
Lane as shown on Parcel Map 41 028, filed November 18, 1985 as File No. 85-434716
of Official Records; thence North 13’01’21” West 1.46 feet (North 13’43’30’’ West 1.46
feet per said Parcel Map 14028) to the beginning of a curve, as shown on said Parcel
Map; concave Easterly, having a radius of 500.00 feet; thence Northerly along said
curve 133.48 feet through a central angle of 15’1”45” tot he point of beginning through
which a radial line bears North 87’43’36’’ West; thence North 87’43’36” West 42.00 feet
along prolongation of said radial line to the beginning of a non-tangent curve through
which a radial line bears North 87’43’36” West, concave Easterly, having a radius of
542.00 feet; thence Southerly along said curve 33.50 feet through a central angle of
3’32;27”; thence South 40 29’48’’ West 33.70 feet; thence South 76’54’40” West
298.51 feet; thence South 13’05’20’’ East 11.81 feet more or less to the point of
intersection with the Northerly line of said Parcel “C” and being the point of terminus.
Exhibit ‘X” to Planning Commission Resolution No. 4157 Page 4 of 5
0 a
Also excepting therefrom, all oil and mineral rights below 500 feet without right of
surface entry as reserved by . L. Shipley, Jr., Conservator of the estate of George H
Capron in deed recorded June 30, 1969 as File No. 116905 and re-recorded July 23,
1969 as File No. 132460, both of Official Records.
Exhibit ‘‘A’’ to Planning Commission Resolution No. 4157 Page 5 of 5
a e EXHIBIT (I
POINSETTIA PROPERTIES SPECIFIC PLAN PROGRAM EIR
DRAFT CEQA FINDINGS OF FACT
and
STATEMENT OF OVERRIDING CONSIDERATIONS
NOVEMBER 13,1997
Poinsettia Properties SpeciJic ? Ian Program EIR e Table of Contents
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TABLE OF CONTENTS
PAGE
INTRODUCTION ............................................................................................................... 1
PROJECT DESCRIPTION .................................................................................................. 1
PROGRAM EIR .................................................................................................................. 5
RECORD OF PROCEEDINGS ........................................................................................... 5
TERMINOLOGY/THE PURPOSE OF FINDINGS UNDER CEQA ................................ 8
LEGAL EFFECT OF FINDINGS ....................................................................................... 9
MITIGATION MONITORING PROGW ...................................................................... 9
IMPACTS DETERMINED TO BE INSIGNIFICANT ...................................................... 9
DIRECT SIGNIFICANT EFFECTS OF THE PROJECT
AND MITIGATION MEASURES .................................................................................... 13
A . Air Quality ............................................................................................................. 14
C . Biological Resources ............................................................................................. 16
F . Visual Aesthetics/Grading ..................................................................................... 19
G . Water Quality/Hydrology ...................................................................................... 19
B . Noise ...................................................................................................................... 15
D . Archaeological and Paleontological Resources ..................................................... 17
E . Agricultural Resources ........................................................................................... 18
CUMULATIVE SIGNIFICANT EFFECTS AND MITIGATION MEASURES ............ 21
A . Cumulative Traffic/Circulation .............................................................................. 21
B . Cumulative Air Quality .......................................................................................... 22
FEASIBILITY OF POTENTIAL PROJECT ALTERNATIVES ..................................... 23
STATEMENT OF OVERRIDING CONSIDERATIONS ................................................ 28
Poinsettia Properties SpeciJ;c t lan Program EIR 0 Findings of Facts
(Date)
BEFORE THE CARLSBAD CITY COUNCIL
RE: Poinsettia Properties Specific Plan
FINDINGS OF FACT
I. INTRODUCTION
The Final Program Environmental Impact Report (FPEIR) prepared on this project addressed the
potential environmental effects of developing 92 acres of land and related off-site storm drainage
improvements. The Poinsettia Properties Specific Plan submitted by Benchmark Pacific
Management, Inc. contained both a land use plan and policy language to guide the long-term
development of 92 acres. The Specific Plan proposes a mix of single-family residential, multi-
family residential, travel recreation (commercial), mixed-use, and open space.
In addition to the Poinsettia Properties Specific Plan and off-site storm drainage improvements,
the FPEIR evaluated fow alternatives to the proposed project. These included the No Project/No
Development Alternative, the Development Under Existing General PladLocal Coastal Program
Alternative, Increased Residential Density Alternative and the Alternative Location.
11. PROJECT DESCRIPTION
The Poinsettia Properties Specific Plan area contains a total of 92 acres. The purpose of the
Poinsettia Properties Specific Plan is to provide a comprehensive set of guidelines, regulations,
and implementation programs for guiding and ensuring the orderly development of the Poinsettia
Properties in accordance with the City's General Plan. The specific plan defines the allowable
type and intensity of land use, provides detailed development and design standards and criteria,
and describes the method by which the Poinsettia Properties Specific Plan will be implemented.
City Council adoption of the specific plan will establish the zoning and development standards
for this property. The Poinsettia Properties Specific Plan will ensure that the subject property is
developed in full accordance with the City of Carlsbad General Plan, Local Coastal Program -
Mello I1 Segment, and Zone 22 Local Facilities Management Plan.
The proposed land uses for the Specific Plan reflect a mix of residential and non-residential uses.
Proposed uses include single-family residential, multi-family residential, travel recreation
(commercial), mixed-use, and open space.
Residential
The specific plan proposes a diversity of housing including mediudmedium high residential,
high density residential/affordable housing, and high density residential.
Page 1
a Findings of Facts Poinsettia Proper @ Specific Plan Program EIR
Mediudmedium high density residential - Areas designated for mediudmedium high density
residential development may consist of single-family detached units on minimum 2,400 square
foot lots. Development of this area may also include (but is not limited to) townhomes,
condominiums, apartments and duplexes.
High density residentiavaffordable housing - High density residential/ affordable housing units
will be either “for sale and/or rent” condominiums or apartment rental units.
High density residential - High density residential units will be developed per the RD-M Zone or Planned Development Ordinance and the development standardddesign criteria set forth in the
Specific Plan. The multi-family units may include, but are not limited to town homes,
condominiums, stacked flats, carriage units, apartments and duplexes, vacation ownership units and residential units over commercial/retail spaces.
TraveURecreation Commercial
The TraveVRecreation Commercial area will consist of uses permitted by the Travel/ Recreation
Commercial land use designations as described in the City of Carlsbad General Plan and as
specified within the Poinsettia Properties Specific Plan. Up to 101,750 square feet of building
space for this use is allowed.
Open Space
The Specific Plan Open Space program consists of recreation areas, trails and landscape
parkways from roadways and the landscape pedestridbicycle corridor adjacent to the railroad
right-of-way. Additionally, the Poinsettia Properties Specific Plan will provide recreation areas,
where applicable, per the requirements of the City’s Planned Development Ordinance.
Approximately 13.8 acres or 15% of the Poinsettia Properties Specific Plan consists of Open
Space. Open Space may consist of private recreation areas, natural and manufactured slopes,
trails and landscaped parkways adjacent to roads, and the railroad right-of-way and other
designated areas.
Recreational Facility
Common active recreational facilities will be provided for each residential planning area (except
residential uses in Planning Area 6). Such facilities can be combined to serve more than one
planning area. Each recreational facility may include a swimming pool, tennis courts,
recreational building, outdoor basketball facilities and other outdoor playing areas.
Bicyclemedestrian Trails
Amenities of the Poinsettia Properties Specific Plan also include public and private pedestrian
trails which will take advantage of access to Carlsbad Boulevard, the Pacific Ocean and the
NCTD rail station. These trails will include bike paths in the road right-of-way, a perimeter
pedestrian trail and internal parkways and trails.
Recreational Vehicle Storage Planning Area
Recreational Vehicle (RV) storage areas will be provided in compliance with City’s Planned
Development Ordinance.
Page 2
Poinsettia Properties Spec@ Q 1 an Program EIR e Findings of Facts
Project Parcels
For planning purposes, the Specific Plan area has been divided into three parcels (A, By and C)
with each parcel being further divided into "planning areas". There are a total of eight planning
areas within the Specific Plan. The development potential of each parcel is described below.
Parcel A consists of approximately 55 acres and is bordered to the east and north by Avenida
Encinas, to the south by Poinsettia Lane, and to the west by the railroad right-of-way. A North
County Transit District commuter rail station is located at the northwest corner of Parcel A.
Parcel A is divided into six planning areas (1 through 6) and is composed of 3.6 gross acres of
Travel Recreation, 6.5 gross acres of TraveVRecreation Commercial/MF, 38.6 gross acres of
single-family residential (Residential Medium and Residential Medium High), 5.6 acres of multi-
family residential (Residential High), and 1.4 gross acres of Open Space uses. A total of 300
single-family dwelling units, 203 multi-family dwelling units, and 120,000 square feet of travel
recreation and commercial development is proposed for this parcel.
Parcel B consists of approximately 19 acres and is located between Carlsbad Boulevard and the
railroad right-of-way, immediately north of Poinsettia.Lane and south of the Lanikai Lane Mobilehome Park. Parcel B contains one planning area (planning area 7) and contains 18.7 gross
acres of multi-family residential uses. A total of 2 15 single-family dwelling units are proposed
for this parcel.
Parcel C consists of approximately 17.5 acres and is located between Carlsbad Boulevard and
the railroad right-of-way, immediately south of Poinsettia Lane and north of the existing single-
family residential/mixed-use enclave adjacent to Ponto Drive. Parcel C consists of two planning
areas (planning areas 1 and 8) and contains 17.5 gross acres of tourist commercial/single-family
residential uses. A total of 21,780 square feet of commercial and 150 single-family residential
units are proposed for this parcel.
Supporting Public Services
The project site lies entirely within Local Facilities Management Zone 22. Facility requirements
for the Poinsettia Properties Specific Plan are identified in the existing Zone 22 Local Facilities
Management Plan (LFMP), Zone 22 LFMP Amendment, or as superseded by a subsequent
update to the Carlsbad Drainage Specific Plan or the Zone 22 Finance Plan. Public services
addressed in Zone 22 LFMP consist of city administration, library, wastewater treatment, parks, drainage, circulation, fire, open space, schools, sewer and water.
Off-Site Improvements
Implementation of the proposed project will involve the installation of a trunk storm drain
immediately off-site, adjacent to the eastern boundary of Parcels B and C.
Project Objectives
The Project objectives are set forth in the FPEIR (FPEIR, p. 3-8 through 3-9) and again set forth
on pages 23-24 herein. In arriving at its final decision, the decisionmakers took into
consideration objectives set forth in the FPEIR.
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Findings of Facts 0 Poinsettia Proper l? s Specljc Plan Program EIR
Discretionary Actions
The discretionary actions taken by the decisionmakers in approving the Project are:
1. General Plan Amendment. The project applicant is requesting an amendment to
the General Plan. The amendment consists of a change from the General Plan
Land Use Designations as follows:
Existing Proposed General Plan General Plan
Parcel A RM/O TR/RH/RMH/RJWOS
Parcel B RMH RMH
Parcel C RMWTS RMWTR
2. Local Coastal Program Amendment (LCPA). The Specific Plan area is located
within the Coastal Zone, thereby necessitating the processing of Coastal
Development Permits. The Mello I1 Local Coastal Program Amendment is
required in order to maintain its consistency with the City of Carlsbad’s General
Plan, and reflect the land use changes proposed in this Specific Plan.
3. Local Facilities Management Plan Amendment (Zone 22). The amendment is
required to reflect adjustments in land use for Zone 22 of the City. Per the
requirements of the Carlsbad Growth Management Program, the Zone 22 Plan
must be updated to be consistent with the General Plan land use designations
proposed by the Specific Plan. The Zone 22 EFMP Amendment addresses
existing and future projected adequacy of public facilities, through buildout of the
Specific Plan, to City buildout.
4. Specific Plan. The proposed Specific Plan provides all elements required by
Government Code Sections 65350 et. seq., and will provide land uses and
development standards for the project site.
5. Zone Change. The proposed project will require a zone change to change the
existing zoning designations of the project site (RDM-Q and CT-Q/RDM-Q) to
proposed zones RD-M (Residential Density Multiple), C-T (Commercial Tourist),
and 0-S (Open Space).
Subsequent discretionary approvals that will be required prior to development of the Specific
Plan areas will include one or more of the following listed below. These approvals are addressed
in the environmental analysis of this Program EIR.
b Site Development Plan
6 Coastal Development Permit
b Tentative Subdivision Map
&I Planned Development Permit 6 Conditional Use Permit
&I Condominium Permit
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Poinsettia Properties SpeciJc 9 lan Program EIR e Findings of Facts
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 with the issuance of rules, regulations, plans, or other
general criteria to govern the conduct of a continuing program; or (4) as individual activities
carried out under the same authorizing statutory or regulatory authority and having generally
similar environmental effects which can be mitigated in similar ways (CEQA Guidelines, 14 Cal.
Code Reg. $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 of cumulative impacts that
might be slighted in a case-by-case analysis; (3) avoid duplicative reconsideration of basic policy considerations; and (4) allow the Lead Agency to consider 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. $15 168, subd. (b).)
"Use of the program EIR also enables the Lead Agency to characterize the overall program as the
Project being approved at that time. Following this approach when individual 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 been 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 $ 15 168).
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 15 146.)
FPEIR Addendum
An addendum to the FPEIR has been prepared because the proposed revision to the project
analyzed in the FPEIR requires only minor technical changes or additions to the document and
none of the conditions described in CEQA Guidelines Section 15 162 calling for preparation of a
subsequent EIR have occurred.
CEQA Guidelines Sections 15 164 (b) and (c) also indicate that an addendum need not be
circulated for public review, but can be included in or attached to the final EIR, and the decision
making body shall consider the addendum with the final EIR prior to making a decision on the
project.
IV. RECORD OF PROCEEDINGS
For the purposes of CEQA and the findings set forth below, the administrative record of the City
Council decision on the environmental analysis of this Project shall consist of the following:
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Findings of Facts a Poinsettia Proper 9 -s Specific Plan Program EIR
- The Draft and Final Program EIR for the Project, including appendices and
- All reports, applications, memoranda, maps, letters and other planning documents
technical reports;
prepared by the planning consultant, the project Applicant, the environmental
consultant, and the City of Carlsbad that are before the decisionmakers as
determined by the City Clerk;
- All documents submitted by members of the public and public agencies in
- Minutes and verbatim transcripts of all workshops, public meetings and public
connection with the EIR on the Project;
hearings held by the City of Carlsbad, or video tapes where transcripts are not
available or adequate;
- Any documentary or other evidence submitted at workshops, public meetings and
- Matters of common knowledge to the City of Carlsbad which they consider,
public hearings; and
including but not limited to, the following:
- Carlsbad General Plan
- Carlsbad Zoning Ordinance - Local Facilities Management Plan
The City has received seven comment letters on the Draft EIR. Those comments are set forth in
Section 9.0 of the final EIR together with the responses thereto. In addition, certain of the
comments have been addressed in margin notes to the text of the EIR. The City has considered
all the comments to the EIR and has addressed those comments adequately and properly in
accordance with CEQA. The City’s responses represent a good faith and reasonable analysis,
supported by factual information in the record.
The City’s responses to the comments are proper and as required under CEQA. There is no need
for re-circulation of the EIR, nor is there any requirement that it be re-circulated. First, the
comments do not disclose any new significant environmental impacts or any new mitigation
measures proposed to be implemented. Rather, the environmental impacts raised in the
comments, if any, have all been previously raised, analyzed and addressed in the EIR. Further,
no new mitigation measures have been proposed to be implemented.
Second, the comments do not show that there would be a substantial increase in the severity of an
environmental impact. Rather, each of the significant environmental impacts was addressed in
the EIR, and appropriate mitigation measures and/or alternatives have been identified to reduce
such impacts, where feasible, to below a level of significance. All project specific impacts can
be mitigated to below a level of significance. The cumulative impact of traffic circulation and air quality will remain significant and unavoidable.
Third, no feasible project alternatives or mitigation measures, which are considerably different
from those analyzed in the body of the EIR, have been proposed which would clearly lessen the
significant environmental impacts of the project. Again, as stated above, no new or different
feasible alternatives or mitigation measures, which are considerably different from others
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Poinsettia Properties Specific 9 lan Program EIR e Findings of Facts
previously analyzed, have been suggested.
Fourth, the EIR was proper and adequate and provided an opportunity for meaningful public
review and comment. This is shown by, among other things, the text of the EIR, the analysis set
forth therein, and the range and depth of comments that were actually received.
The comments do not present significant new information to be added to the EIR. In response to
the comments, the EIR has not changed, nor should it be changed, in a way that has deprived or
would deprive the public of a meaningful opportunity to comment upon a substantial adverse
environmental effect of the project or a feasible way to mitigate or avoid such an effect. There
is no Substantial adverse impact of the project that has been shown for the first time in the
comments. Nor has there been suggested a feasible way to mitigate or avoid such an effect.
Further, the public has had a full, complete and meaningful opportunity to comment upon the
EIR including the environmental effects set forth therein. The EIR was properly circulated for a
period of 45 days, and the City has received seven comment letters to the EIR. Additionally, the
Planning Commission held a hearing on November 5, 1997, at which people could appear and
testifl on the project andor EIR. Finally, the EIR has not been changed in a way that would
deprive the public of such a meaningful opportunity to comment. In sum, the comments do not
require the circulation of the EIR or any significant changes to it.
An addendum to the FPEIR has been prepared and is appropriate because the proposed revision
to the project analyzed in the FPEIR requires only minor technical changes of additions to the
document and none of the conditions described in CEQA Guidelines section 15 162 calling for
preparation of a subsequent EIR have occurred. In total, the revised project is less intensive than
the EIR project, because it proposes 18,220 square feet less of non-residential building floor area
and 86 fewer residential dwelling units than the project analyzed in the FPEIR, while
maintaining the same 1.4 acres of open space.
As documented in the Addendum, environmental impacts associated with the revised project are
less than or similar to those attributable to the project analyzed in the FPEIR. As a result, no
Substantial changes are proposed for the project requiring major revisions of the FPEIR due to
the involvement of new significant environmental effects or increases in the severity of
previously identified significant effects. Although implementation of the revised project reduces
certain environmental impacts identified for the project analyzed in the FPEIR, the conclusions
of the FPEIR regarding overall impact and mitigation remain unchanged for the revised project.
Since the FPEIR was completed recently (July 1997), no Substantial changes have occurred with
respect to the circumstances under which the project is undertaken which will require major
revisions of the FPEIR due to involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects.
No information of Substantial importance has been identified indicating that the revised project
will have significant effects not already discussed in the FPEOR or that the significant effects
previously examined in the report will be substantially more severe. In addition, no information
of Substantial importance has been identified indicating that mitigation measures or alternatives
which are considerably different or were previously found infeasible, are now feasible and would
substantially reduce significant impacts.
...
...
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Findings of Facts e Poinsettia Proper 9 s Spec@ Plan Program EIR
V. TERMINOLOGY/THE PURPOSE OF FINDINGS UNDER CEOA
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 reaching one
or more of the three allowable conclusions. The first is that "[clhanges or alterations have been
required in, or incorporated into, the Project which avoid or 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 agency making the finding. Such changes have been adopted
by such other agency or can and should be adopted by such other agency." The third permissible
conclusion is that "[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 2 108 1, on which CEQA Guidelines section 1509 1
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 or 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 1509 1 requires only that approving agencies specify that a
particular significant effect is "avoid[ed] x 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 brought 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.
Another purpose of these findings is to bring focus on Project alternatives in the ultimate
decisionmaker's decision whether to approve or disapprove the Project. If, after application of all
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Poinsettia Properties Specific 6 lan Program EIR e Findings of Facts
feasible mitigation measures to the Project, significant impacts remain, Project alternatives
identified in the FPEIR must be reviewed and determined to be feasible or infeasible. The
findings set forth the reasons, based on substantial evidence in the record, that the
decisionmakers conclude any such Project alternatives are infeasible (see further discussion in
Feasibility of Alternatives Section).
VI. LEGAL EFFECT OF FINDINGS
To the extent that these findings conclude that proposed mitigation measures outlined in the
Final EIR are feasible and have not been modified, superseded or withdrawn, the City of
Carlsbad ("City" or Itdecisionmakerst') hereby binds itself and any other responsible parties,
including the Applicant and its successors in interest (hereinafter referred to as "Applicant"), to
implement those measures. These findings, in other words, are not merely informational or
hortatory, but constitute a binding set of obligations that will come into 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 "Poinsettia Properties Specific Plan 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.
Land Use Compatibility
b No impact associated with on-site land use compatibility is anticipated. (FPEIR
5.1-8)
- The specific plan provides development standards, policies, and land use
design that avoids land use compatibility impacts between each of these
proposed land uses. Buffering techniques proposed in the specific plan
include the use of walls, fences, landscaping, and setbacks between land
uses. The theme elements proposed in the specific plan provide for certain
treatment of transitional areas between neighborhoods and land uses so as
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0 Findings of Facts Poinsettia Properl'cs 0 Specific Plan Program EIR
to blend the neighborhoods and eliminate barriers to pedestrian access.
Implementation of these techniques will avoid land use compatibility
impacts associated with the planned land uses.
6 No incompatibility with off-site land uses is anticipated. (FPEIR 5.1-8)
- The specific plan areas will be separated from existing land uses through
the use of landscaping, fencing, walls, and other buffering techniques.
6 No land use impact resulting from the General Plan Amendment is anticipated.
(FPEIR 5.1 -9)
6 No impact as a result of the amendment to the Mello I1 Segment of the LCP is
anticipated. (FPEIR 5.1-9)
b The amendment to the LFMP Zone 22, therefore, will not result in a significant
impact. (FPEIR 5.1 - 10)
PopulationLHousing
a This increase in population, in and of itself, is not considered significant. (FPEIR
5.2-2)
TrafficKirculation
6 No project impact to street segment peak hour levels of service is anticipated.
(FPEIR 5.3-16)
Q No project impact to peak hourly intersection levels of service is anticipated.
(FPEIR 5.3- 16)
h There is no environmental impact associated with the alternative access
configuration into Parcel A. (FPEIR 5.3-24)
6 There is no environmental impact associated with the alternative access
configuration into Parcel C. (FPEIR 5.3-24)
Air Quality
6 The project impact to regional air quality is therefore reduced to a less than
significant level by virtue of the transit oriented development project design. No
additional mitigation measures are necessary to reduce long-term air quality
emissions. (FPEIR 5.4-6).
& The proposed project is consistent with, and implements transportation control
measures identified by the San Diego Air Pollution Control District Regional Air
Quality Strategy as it is a transit oriented development project. The proposed
project is designed to provide support services in close proximity to the existing
transit station, in addition to locating a higher density of residential within
walking distance to the transit station. The primary goal of the specific plan is to minimize the need for and maximize the efficiency of the use of the automobile.
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Poinsettia Properties SpeciJic Q an Program EIR e Findings of Facts
The design of the project joins all of the neighborhoods and associated land uses
by a trail system. The density of the project brings more residential uses closer to
the transit station.
b The proposed project also implements Planned Land Use Pattern mitigation
measures identified in the City’s General Plan Master EIR related to air quality.
These include:
b Development applications should provide for safe, easy pedestrian and
bicycle linkages to nearby community centers, parks, schools, points of
interest, major transportation corridors, neighborhood commercial centers,
and the proposed Carlsbad Trail System.
4 Locate multi-family uses near commercial centers, employment centers,
and major transportation corridors.
b Provide linkage to bus, pedestrian and bicycle routes from any new light
rail commuter transit facility.
Noise
b With implementation of City requirements regulating construction hours and
construction equipment noise the short-term construction noise impact is less than
significant (FPEIR 5.5-2)
b No impact to off-site land uses as a result of project traffic generated noise is
anticipated. (FPEIR 5.5- 10)
Biological Resources
On-Site
b No impact to biological resources on-site are anticipated. (FPEIR 5.6-8)
Off-Site
[The project will result in an impact to biological resources off-site (see page 12).]
Archaeological and Paleontological Resources
Archaeology
b The impact to site CA-SDI-l3739/H is less than significant. (FPEIR 5.7-3)
b Site CA-SDI-13739M is identified as not important under CEQA criteria
due to the limited range and small number of artifacts identified at the site.
Paleontology
[The project will result in a significant impact to paleontological resources (see page 13).]
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Findings of Facts a Poinsettia Proper 9 s Spec@ Plan Program EIR
Agricultural Resources
Prime Farmland
b No significant impact to prime agricultural farmland is anticipated. (FPEIR 5.8-3)
6 No significant impact to a decrease in County agricultural lands is anticipated.
(FPEIR 5.8-3)
Local Coastal Program Policies
[The project will result in a significant impact as a result of development in the agricultural
overlay zone (see page 13).]
Visual AestheticdGrading
Visual Aesthetics
b The viewhight distance profiles indicate that portions of the project site will be
visible from various locations surrounding the project site (i.e. east of the I-5), but
proposed development will not obstruct existing views and blue water ocean
views will not be eliminated. (FPEIR 5.9-2)
Grading
[The proposed project will result in a significant impact as a result of grading (see page 13).]
Public Services and Utilities
b No impact to fire protection services is anticipated. (FPEIR 5.10-1)
Q Development under the Specific Plan is not anticipated to significantly affect the
Carlsbad Police Department’s ability to provide adequate services. (FPEIR 5.10-
2)
Q No impact to sewer facilities is anticipated. (FPEIR 5.10-4)
b No impact to wastewater facilities is anticipated. (FPEIR 5.10-4)
Q No impact to water facilities is anticipated, (FPEIR 5.10-7)
b No impact to schools or school facilities is anticipated. (FPEIR 5.10-13)
b No significant impact to on-site drainage is anticipated. (FPEIR 5.1 1-5)
b No impact to off-site properties is anticipated as the runoff generated by the
project will be collected by facilities proposed on-site, and conveyed to an existing system to the south of the site. (FPEIR 5.1 1-5)
Q No impact to groundwater quality is anticipated. (FPEIR 5.1 1-7)
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Poinsettia Properties SpeciJic d lan Program EIR e Findings of Facts
IX. DIRECT SIGNIFICANT EFFECTS OF THE PROJECT, AND MITIGATION
MEASURES
The Final Program EIR identified the following direct significant environmental effects (or
"impacts") that the Project will cause; all can be fully avoided through the adoption of feasible
mitigation measures.
Air Quality
The proposed project will result in the generation of short-term emissions. (FPEIR 5.4-4)
Noise
Portions of Parcels A, B, and C will be exposed to traffic noise and railroad noise which
is higher than the City's noise standards for residential land uses. This is a significant
impact. (FPEIR 5.5-4,5.5-8, 5.5-9).
Biological Resources
Off-Site
The western edge of Parcel A represents a portion of the watershed of the vernal pool
habitat that is located immediately off-site within the railroad corridor right-of-way.
Development of the project site will indirectly impact the vernal pool habitat. (FPEIR
5.6-8)
On-Site
[No impact to biological resources on-site are anticipated (see page 1 O).]
Archaeological and Paleontological Resources
Paleontology
The project site is underlain by geological deposits with a moderate potential for
producing significant paleontological resources. Development of the project site will
involve earthwork which may result in impacts to paleontological resources (i.e., physical
destruction of fossil remains). This is a significant impact. (FPEIR 5.7-4)
Archaeology
[Impact to archaeology is less than significant (see page 1 l).]
Agricultural Resources
Local Coastal Program Policies
The Specific Plan area lies within the Coastal Agricultural Overlay Zone of the Mello I1
Segment of the City's Local Coastal Program. The LCP requires that an agricultural
feasibility study be prepared or a mitigation fee paid for properties proposing to convert
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Findings of Facts e Poinsettia Proper 9 s SpeciJic Plan Program EIR
coastal agricultural uses to urban uses. Because the project site will convert the vacant
land to urban uses, the project will result in a significant impact. (FPEIR 5.8-3)
Prime Farmland
[No significant impact to prime farmland is anticipated (see page 1 I).]
Visual AestheticdGrading
Grading
The project will be required to obtain a coastal development permit, which is subject to
the development standards requirements of Section 21.203.040 of the Carlsbad Municipal
Code. (FPEIR 5.9-7)
The City’s General Plan Master EIR requires the preparation of a soils report and
submittal to City and County Health Departments for review and approval. (FPEIR 5.9-
8)
Visual Aesthetics
Ir\ro significant impact to visual aesthetics is anticipated (see page 1 l).]
Water QualityEIydrology
Grading of the project site may result in increased erosion and sedimentation, resulting in
short-term impacts to surface water quality. (FPEIR 5.1 1-4)
Additionally, construction activities may result in short-term water quality impacts as a
result of trash or other surface debris from construction activities, which could be
transferred to nearby surface water bodies. (FPEIR 5.1 1-5)
The impact to surface water quality is significant. (FPEIR 5.1 1-7)
Mitigation
The following sub-sections describe specific project impacts, setting forth either the reasons why
they are significant and unavoidable and the mitigation measures adopted to substantially lessen
or avoid them. No proposed mitigation measures are found to be infeasible.
A. AIR QUALITY
Significant Effect: The proposed project will result in the generation of short-term
emissions. (FPEIR 5.4-4)
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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Poinsettia Properties Specific ? lan Program EIR 0 Findings of Facts
1. During grading and construction, the project developer shall comply with the
following:
a. During clearing, grading, earth moving or excavation, maintain equipment
engines in proper tune.
b. After clearing, grading, earth moving or excavation:
1) Wet the area down, sufficient enough to form a crust on the surface
with repeated soakings, as necessary, to maintain the crust and
prevent dust pick up by the wind.
2) Spread soil binders; and
3) Implement street sweeping as necessary.
C. During construction:
1) Use water trucks or sprinkler systems to keep all areas where
vehicles move damp enough to prevent dust raised when leaving
the site;
2) Wet down areas in the late morning and after work is completed
for the day;
3) Use low sulfur fuel (.05% by weight) for construction equipment.
2. Revegetation of exposed soils on-site due to grading activity shall take place as
early as feasible in order to minimize wind erosion.
B. NOISE
Significant Effect: Portions of Parcels A, B, and C will be exposed to traffic noise and
railroad noise which is higher than the City’s noise standard for residential land uses.
This is a significant impact. (FPEIR 554,558, 5.5-9)
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 issuance of a building permit(s), when precise grading plans and
architectural drawings are available, detailed exteriorhnterior acoustical analyses
shall be prepared by a licensed acoustical engineer. The project shall comply with
the precise recommendations of the study to attenuate exterior and interior noise
levels to the acceptable levels established in the City of Carlsbad General Plan
Noise Element. Noise barriers shall be constructed surrounding the project site as
specified in the Exterior Noise Analysis for Parcels A, B, and C or the acoustical
study prepared for a site development plan.
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Findings of Facts e Poinsettia Propert s Specific Plan Program EIR 9
2. If second or third floor balconies are planned facing the railroad tracks, balconies
shall not be given credit towards meeting the City’s requirement for recreational
space unless noise is buffered through the use of Plexiglas (or other suitable
shielding as determined by an acoustical engineer) to the acceptable level defined
in the City of Carlsbad General Plan Noise Element.
3. Prior to the issuance of building permits for second story residential, along the
railroad tracks, Avenida Encinas, or Carlsbad Boulevard, an acoustical analysis
shall be conducted to determine the required building upgrades to meet the 45
CNEL interior noise standard. Any required upgrades will be included in the
project building plans and implemented prior to building occupancy.
4. Mechanical ventilation shall be required for any homes adjacent to Avenida
Encinas, Carlsbad Boulevard, Poinsettia Lane or the railroad tracks. The system
must supply two air changes per hour to each habitable room including 20% fresh
make-up air obtained directly from the outside. The fresh air inlet duct shall be of
sound attenuating construction and shall consist of a minimum of ten feet of
straight or curved duct, or six feet plus one sharp 90 degree bend. Air
conditioning units are an adequate substitute for mechanical ventilation as long as
they meet the ventilation requirements specified in the Uniform Building Code.
C. BIOLOGICAL RESOURCES
Significant Effect: The western edge of Parcel A represents a portion of the watershed of
the vernal pool habitat that is located immediately off-site within the railroad corridor
right-of-way. Development of the project site will indirectly impact the vernal pool
habitat. (FPEIR 5.6-8)
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 site development plan(s) for Parcel A shall include an open space buffer
along the western edge of Parcel A as depicted in Figure 5-16 of the Specific Plan.
The buffer shall extend from the edge of the railroad right-of-way eastward to at a
minimum, the centerline of the existing dirt road. The Specific Plan requires a
soundwall along the approximate centerline of the dirt road. The soundwall shall
be a minimum of 46 feet east of the railroad right-of-way. The area between the
wall and right-of-way shall comprise the buffer. Within the buffer (i.e., west of
soundwall and east of the right-of-way), the following uses may be appropriate:
a. A 8- to 10-foot wide pedestrian trail composed of decomposed granite
treated with concrete for stabilizing purposes. The trail shall be located no
more than 21 feet away from the soundwall. The trail shall be a minimum
of 17 feet east of the railroad right-of-way, with drought tolerant native
landscaping and interpretive signage in the intervening area.
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Poinsettia Properties Specific 9 Ian Program EIR 0 Findings of Facts
"
b. Landscaping shall consist entirely of native, drought-tolerant vegetation.
Recommended species include laurel sumac (Malosma laurina),
lemonadeberry (Rhus integrifolia), Cleveland's sage (Salvia clevelandii),
black sage (Salvia mellifera), flat-top buckwheat (Eriogonum
fasciculatum), and bush monkeyflower (Mimulus aurantiacus).
c. A protective chain-link fence shall be installed, west of the trail, at the
edge of the railroad right-of-way. The fence would serve as a barrier between the vernal pools and the trail. The fence will be far enough from
the trail as to not distract from the enjoyment of the trail, but should
provide adequate protection to the vernal pool habitat.
D. ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES
Significant Effect: The project site is underlain by geological deposits with a moderate
potential for producing significant paleontological resources. Development of the project
will involve earthwork which may result in impacts to paleontological resources (i.e.,
physical destruction of fossil remains). This is a significant impact . (FPEIR 5.7-4)
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 issuance of a grading permit for any portion of Parcel A, B, or C, 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.)
2. A qualified paleontologist shall be present at the pre-construction meeting to
consult with the grading and excavation contractors.
3. A paleontological monitor shall be on-site a minimum of half-time during the
original cutting of previously undisturbed sediments to inspect cuts for contained
fossils. In the event that fossils are discovered 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.)
4. 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.
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Findings of Facts a Poinsettia Proper 9 L s SpeciJc Plan Program EIR
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.
5. Fossil remains collected during the monitoring and salvage portion of the
mitigation program shall be cleaned, repaired, sorted, and cataloged.
6. 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.
7. 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 section(s) exposed, fossils collected, and significance of recovered
fossils.
E. AGRICULTURAL RESOURCES
Significant Effect: The Specific Plan area lies within the Coastal Agricultural Overlay
Zone of the Mello I1 Segment of the City’s Local Coastal Program. The LCP requires
than an agricultural feasibility study be prepared or a mitigation fee paid for properties
proposing to convert coastal agricultural uses to urban uses. Because the project site will
convert the vacant land to urban uses, the project will result in a significant impact.
(FPEIR 5.8-3)
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 the issuance of a grading permit, the applicant shall pay applicable
agricultural conversion fees in compliance with Section 30171.5 of the Coastal
Act. The amount of the fee shall be determined by the City Council at the time it considers a Coastal Development Permit for urban development of the property.
The fees shall not be less than five thousand dollars nor more than ten thousand
dollars per net converted acre of agricultural land and shall reflect the approximate cost of preserving prime agricultural land pursuant to Section
21.202.060(B) of Carlsbad’s Local Coastal Permit Implementation Ordinance.
The fees shall be paid prior to issuance of building permits for the project. All
mitigation fees shall be deposited in the State Coastal Conservancy and expended
by the State Coastal Conservancy in the order of priority as outlined in Section
21.202.060(B) of Carlsbad’s Local Coastal Permit Implementation Ordinance. If
Section 21.202.060 (B) is amended to allow for a fee of less than five thousand
dollars per acre to be paid for the conversion of agricultural land the Poinsettia
Properties project shall be permitted to pay this lesser fee.
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Poinsettia Properties Specific l!! an Program EIR e Findings of Facts
F. VISUAL AESTHETICS/GRADING
Significant Effect: The project will be required to obtain a coastal development permit,
which is subject to the development standards requirements of Section 21.203.040 of the
Carlsbad Municipal Code. (FPEIR 5.9-7)
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. Grading shall comply with the provisions of Section 21.203.040 Development
Standards of the Carlsbad Municipal Code as part of the Coastal Development
Permit. The provisions of Section 21.203.040 shall be attached as conditions to
future Coastal Development Permits for the project site.
Significant Effect: The City’s General Plan Master EIR requires the preparation of a soils
report and submittal to City and County Health Departments for review and approval.
(FPEIR 5.9-8)
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.
2. Prior to the approval of site development permits, a detailed soils testing and analysis report shall be prepared by a registered soils engineer, and submitted to
City and County Health Departments for review and approval. This report shall
evaluate the potential for soil contamination due to historic use, handling, or
storage of agricultural chemicals restricted by the San Diego County Department
of Health Services. The report shall also identify a range of possible mitigation
measures to remediate any significant public health impacts if hazardous
chemicals are detected at concentrations in the soil which would have a
significantly adverse effect on human health. All recommendations contained in
the report shall be implemented prior to issuance of a grading permit.
G. WATER OUALITY/HYDROLOGY
Significant Effect: Grading of the project site may result in increased erosion and
sedimentation, resulting in short-term impacts to surface water quality. (FPEIR 5.1 1-4)
Significant Effect: Additionally, construction activities may result in short-term water
quality impacts as a result of trash or other surface debris from construction activities,
which could be transferred to nearby surface water bodies. (PFEIR 5.1 1-5)
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
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Findings of Facts a Poinsettia Proper 16 c s Specific Plan Program EIR
mitigation measures would reduce impact to below a level of significance.
1. Prior to the issuance of a grading permit, the applicant shall submit a water quality
protection program for the construction phase for review and approval by the City
Engineer. This program shall be prepared to inform construction workers of:
containment of paint, fuel, masonry and other construction wastes; use of trash
receptacles to prevent debris in the run-off; and retentioddetention basins.
2. Prior to the issuance of grading permits, the applicant shall submit a construction
phase erosion and sediment control plan for the drainage area under consideration
for review and approval by the City Engineer. The plan shall be developed and
implemented in accordance with the City of Carlsbad policies, and the drainage
measure identified in the Public Facilities Section of the Specific Plan.
Significant Effect: The impact to surface water quality is significant. (FPEIR 5.1 1-7)
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. Concurrent with submittal of the first site development permit application, the
applicant shall submit a program of Best Management Practices including
structural controls and detention basins for the storm drain system for the drainage
area under consideration for review and approval by the City Engineer. The
program shall include, where feasible, the following structural controls: native
vegetation desilting/detention; trash racks in catch basins; sandgrease traps in
catch basins; and catch basidgutter stenciling. The program shall include
adequate provisions for long term maintenance.
2. Prior to recordation of the Final Tract Map, the applicant shall submit a program
of Best Management Practices, non-structural controls to include, but not be
limited to: a street sweeping and street flushing program; and community
awareness and public participation programs for review and approval by the City
Engineer. This community awareness program shall be prepared to inform home
buyers of: the impacts of dumping oil, antifreeze, paints, solvents, or other
potentially harmful chemicals into storm sewers; identification of appropriate
disposal locations for these materials, the proper use and management of
fertilizers, pesticides and herbicides in home landscaping and gardening practices;
the impacts of littering and improper waste disposal; and the need to clean up and
properly dispose of pet wastes. The program shall include adequate provisions for
long term maintenance.
3. Grading shall comply with the provisions of Section 21.203.040 Development
Standards of the Carlsbad Municipal Code as part of the Coastal Development Permit.
...
...
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Poinsettia Properties SpeciJi. 9 lan Program EIR e Findings of Facts
X, CUMULATIVE SIGNIFICANT EFFECTS AND MITIGATION MEASURES
A. CUMULATIVE TRAFFIC/CIRCULATION
Significant Effect: Project-specific impacts will be reduced to a level less than significant
with the implementation of planned roadway improvements and geometrics. However,
previous traffic studies prepared for large-scale projects in the City have identified Series
7 cumulative impacts to segments of the 1-5 and SR-78 freeways (Kaku Associates). This
is a result of the proposed project’s contribution of additional traffic on the roadway
system, in conjunction with the additional traffic generated by cumulative development.
The cumulative impact remains significant and unavoidable. (FPEIR 7-4)
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.
- The proposed project is consistent with, and implements transportation control
measures identified by the San Diego Air Pollution Control District Regional Air
Quality Strategy as it is a transit oriented development project. The proposed
project is designed to provide support services in close proximity to the existing
transit station, in addition to locating a higher density of residential within
walking distance to the transit station. The primary goal of the specific plan is to
minimize the need for and maximize the efficiency of the use of the automobile.
The design of the project joins all of the neighborhoods and associated land uses
by a trail system. The density of the project brings more residential uses closer to
the transit station.
- The proposed project also implements Planned Land Use Pattern mitigation
measures identified in the City’s General Plan Master EIR related to air quality.
These include:
h Development applications should provide for safe, easy pedestrian and
bicycle linkages to nearby community centers, parks, schools, points of
interest, major transportation corridors, neighborhood commercial centers,
and the proposed Carlsbad Trail System.
b Locate multi-family uses near commercial centers, employment centers,
and major transportation corridors.
h Provide linkage to bus, pedestrian and bicycle routes fiom any new light
rail commuter transit facility.
...
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Findings of Facts 5 Spec$c Plan Program EIR a Poinsettia Propertit c
B. CUMULATIVE AIR QUALITY
Significant Effect: The proposed project will result in the generation of additional mobile
and stationary emissions. The proposed project is consistent with, and implements
transportation control measures identified by the San Diego Air Pollution Control District
Regional Air Quality Strategy as it is a transit oriented development project. The project
impact to regional air quality is therefore reduced to a less than significant level by virtue
of the transit oriented design. Buildout of the area as a result of the proposed project and
development of other cumulative projects, will result in an increase in air emissions in the
area due to stationary and mobile sources. The project site is located in a non-attainment
area for ozone and PMlO. Since the San Diego Air Basin is a non-attainment area, any
additional emissions are considered cumulatively significant. Implementation of the
proposed project will contribute to the emissions in the area. Cumulative air quality
impacts are anticipated to remain significant and unavoidable. (FPEIR 7-4)
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 1509 1 (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.
The proposed project is consistent with, and implements transportation control measures
identified by the San Diego Air Pollution Control District Regional Air Quality Strategy
as it is a transit oriented development project. The proposed project is designed to
provide support services in close proximity to the existing transit station, in addition to
locating a higher density of residential within walking distance to the transit station. The
primary goal of the specific plan is to minimize the need for and maximize the efficiency of the use of the automobile. The design of the project joins all of the neighborhoods and
associated land uses by a trail system. The density of the project brings more residential
uses closer to the transit station.
- The proposed project also implements Planned Land Use Pattern mitigation
measures identified in the City’s General Plan Master EIR related to air quality.
These include:
6 Development applications should provide for safe, easy pedestrian and
bicycle linkages to nearby community centers, parks, schools, points of
interest, major transportation corridors, neighborhood commercial centers,
and the proposed Carlsbad Trail SystemLocate multi-family uses near
commercial centers, employment centers, and major transportation
corridors.
6 Provide linkage to bus, pedestrian and bicycle routes fiom any new light
rail commuter transit facility.
...
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Poinsettia Properties SpeciJc 9 an Program EIR 0 Findings of Facts "
XI. FEASIBILITY OF POTENTIAL PROJECT ALTERNATIVES
Because the Project will cause some unavoidable cumulative significant environmental effects,
as outlined above (see Section X), the City must consider the feasibility of any environmentally
superior alternative to the Project, as finally approved. The City must evaluate whether one or
more of these alternatives could avoid or substantially lessen the unavoidable significant
environmental effects. Citizens for Quality Growth v. City of Mount Shasta (1988) 198 Cal.
App.3d 433 [243 Cal. Rptr. 7271; see also Pub. Resources Code section 21002. Because it is a
judgment call whether an alternative is environmentally 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 address the
feasibility of both mitigation measures and environmentally superior alternatives when
contemplating the approval of a project with significant impacts. Where the significant 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 (1 978) 83 Cal.App.3d 5 15 [ 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.
Whereas, 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, $21061 .l. 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.").
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.
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Findings of Facts 0 Poinsettia Proper @ s Specific Plan Program EIR
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
91 9. It states in relevant part:
'I. . . PI0 public agency shall approve or cany 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. See Pub. Resources Code
$21 061 .l; CEQA Guidelines, $15364; Pub. Resources Code, $21081,; see also City of Del Mar
v. City of San Diego (1992) 133 Cal.App.3rd 401,414-417.
In City of Del Mar v. City of San Diego (1992) 133 Cal.App.3d 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." u. 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, 'feasibilitv' under CEQA encomrJasses 'desirability' to the extent that desirability is based on a reasonable
balancing of the relevant economic, environmental, social, and technological factors. We
accordingly conclude that San Diego did not abuse its discretion under CEQA in rejecting
various project alternatives as infeasible." Id. (emphasis added).
These Findings contrast and compare 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:
&I Create a transit oriented community providing mixed land uses including
commercial retail, office and residential near the NCTD transit station to reduce
automobile trips for transit users and residents.Join all of the neighborhoods and
associated land uses within the Specific Plan by the use of a pedestridbike trail
system. By design, encourage visitors and residents easy access to the NCTD rail
station via this trail system, especially within a 1/4 mile radius.
&I Design streets and adjacent buildings in a scale which encourages pedestrian use
and discourages automobile use.
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Poinsettia Properties Specific dl an Program EIR 0 Findings of Facts "
6 Increase residential density within the Specific Plan to bring more residents closer
to the NCTD rail station. Densities should be required, using transit-oriented development (TOD) principles, based upon the distance from the NCTD rail
station as follows:
a. A minimum of 15 units per acre will be required within 500 feet of the
station.
b. A minimum density range of 7-9 dwelling units per acre will be required
between 500 feet and 1/4 mile from the station.
Q Avoid artificial barriers to encourage pedestrianbike access to most used facilities
and attractions such as the beach, adjacent shopping, the mixed-use area and the NCTD transit station.
Q Create focal community spaces which encourage pedestrian movement between
land uses.
b Ensure that public facilities and services that serve the Specific Plan area meet the
applicable City standards as called for in the Carlsbad Growth Management Plan.
Q Conform to all aspects of Carlsbad's proposed amended General Plan, Zone 22
Local Facilities Management Plan, Local Coastal Program and all applicable
ordinances, regulations and policies.
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.
Finding
Specific economic, social, or other considerations make infeasible this project alternative
identified in the Final EIR.
Facts in Support of Finding
A. This alternative would not meet the City of Carlsbad planning and design objectives for
the site as expressed in the Specific Plan and Final EIR. These objectives include the
provision of a transit oriented development in close proximity to a commuter rail station.
...
*..
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Findings of Facts a Poinsettia Proper2 9 es Specific Plan Program EIR
EXISTING GENERAL PLANLOCAL COASTAL PROGRAM ALTERNATIVE
Description of Alternative
This alternative assumes that the project site would be developed under the existing approved
General PldLocal Coastal Program designations for the site. The existing General Pldocal
Coastal Program designations for the project site consist of Residential Medidoffice on Parcel
A, Residential Medium High on Parcel B, and Residential Medium HigWTravel
RecreatiodCommercial on Parcel C. Important distinctions for this alternative from the
proposed project is the location of the Travel RecreatiodCommercial area on Parcel C, rather
than Parcel A as is proposed with the project and the 50% office/50% residential mix on Parcel
A.
Implementation of this alternative would not require amendments to the General PldLocal
Coastal Program or Local Facilities Plan Zone 22.
Additionally, no transfer of excess dwelling units though the City's excess dwelling unit bank
would occur under this alternative.
The development assumptions for this alternative which are derived from the existing Local
Facilities Management Plan for Zone 22 are as follows:
44.7 net acres of Residential Medium/Office. Assuming a 50 percent use mix equals 134
dwelling units and 292,070 square feet of office.
18.7 net acres of Residential Medium High. Buildout assumes 21 5 dwelling units.
17.4 net acres of Residential Medium High/Travel Service/Commercial. Buildout assumes
100 dwelling units and 113,692 square feet of travel service.
Total buildout under this alternative is 449 dwelling units, and 405,672 square feet of travel
service and office uses.
Finding
Specific economic, social, or other considerations make infeasible the Existing General
PlardLocal Coastal Program Alternative identified in the Final EIR in that:
Facts in Support of Finding
A. This alternative would not meet the City of Carlsbad planning and design objectives for
the site as expressed in the Specific Plan and Final EIR. The objectives of the project are
to create a transit oriented community. The Existing General Plan/Local Coastal Program
alternative consists of medium, and medium high density residential development, office,
travel recreation, and commercial uses. With total buildout under this alternative at 449
dwelling units and 405,672 square feet of travel service and office uses, there is a much
greater emphasis on the commercial development than the residential component. With
an emphasis of commercial development, development of a transit oriented community is
precluded.
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Poinsettia Properties SpeciJ;c 9 an Program EIR 0 Findings of Facts
The goal to create a transit oriented community requires a much greater density of
residential development than what would occur under this alternative. As stated in the
project objectives, the required densities based on transit-oriented development principles
is to maintain a minimum of 15 units per acre within 500 feet of the station, and a
minimum density range of 7-9 dwelling units per acre between 500 feet and % mile of the
station. Achieving this objective requires a higher residential density than could be
achieved under the Existing General Plan/Local Coastal Program alternative.
B. This alternative would result in greater impacts associated with traffic generation.
C. This alternative would result in greater impacts associated with air quality emissions.
D. This alternative would result in greater impacts associated with vehicular generated noise
INCREASED RESIDENTIAL DENSITY ALTERNATIVE
Description of Alternative
This alternative assumes that the project site would be developed with 100% residential at 19
dwelling units per acre on Parcel A, 100% residential at 19 dwelling units per acre on Parcel B,
and 50% commercial tourist uses (8.75 acres) and 50% residential (8.75 acres) at 19 dwelling
units per acre on Parcel C. Implementation of this alternative would result in the development of
1,553 dwelling units, and 114,345 square feet of commercial tourist uses.l
This alternative is consistent with the SANDAG’s Regional Growth Management Plan, in that
cities should increase, to the maximum extent possible, residential densities within transportation
corridors (i.e. 1-5 and the San Diego Northern Railroad). The alternative is also consistent with
the City’s Local Coastal Program which protects tourist commercial uses within the coastal zone.
Finding
Specific economic, social, or other considerations make infeasible the Increased Residential
Density alternative identified in the Final EIR in that:
Facts in Support of Finding
A. This alternative would result in greater impacts associated with traffic generation.
B. This alternative would result in greater impacts associated with air quality emissions.
C. This alternative would result in a greater increase in vehicular generated noise.
D. This alternative would result in a greater demand on public services and utilities.
’ Commercial tourist square footage assumes 30% site coverage, which is consistent with the Local
Facilities Management Plan C Zone 22 (October 1988) assumptions.
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Findings of Facts a Poinsettia Proper 9 *CS Specific Plan Program EIR
ALTERNATIVE LOCATION ALTERNATIVE
Description of Alternative
This alternative assumes the development of the proposed project at an alternative location.
Criteria used in the identification of the site include:
Q Site Acreage of a minimum of 90 acres in size
b Close proximity to existing or planned commuter rail line (i.e. 1/4 mile)
The alternative location that is most suitable for the proposed project is located in Oceanside,
north of Oceanside Boulevard, east of El Camino Real, and south of Mesa Drive. This site
would be able to accommodate the entire Poinsettia Properties Specific Plan development, would
meet some of the basic objectives of a transit oriented development project, and could avoid
some impacts associated with the proposed project without resulting in additional significant
impacts not associated with the proposed project.
Finding
Specific economic, social, or other considerations make infeasible the Alternative Location
Alternative identified in the Final EIR.
Facts in Support of Finding
This alternative is infeasible as the site is not owned by the project developer and it is outside the
jurisdiction of the City of Carlsbad.
XII. STATEMENT OF OVERRIDING CONSIDERATIONS
The Project would have significant, unavoidable impacts on the following areas, described in
detail ?n Section X of these Findings of Fact (Cumulative Significant Effects and Mitigation
Measures):
- 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 these 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 this examination, the City has determined that none of these alternatives both (1) meets Project
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 overriding considerations"
pursuant to CEQA Guidelines Sections 15043 and 15093. This statement allows a lead agency
to cite a project's general economic, social or other benefits as a justification for choosing to
Page 28
Poinsettia Properties Specific 9 an Program EIR 0 Findings of Facts
allow the occurrence of specified significant environmental effects that have not been avoided.
The statement explains why, in the agency's judgment, the Project's benefits outweigh the
unavoided significant effects.
CEQA does not require lead agencies to analyze "beneficial impacts" in an EIR. Rather, EIRs
are to focus on potential "significant effects on the environment," defined to be "adverse". (Pub.
Resources Code, Section 21068). The Legislature amended the definition to focus on "adverse"
impacts after the California Supreme Court had held that beneficial impacts must also be
addressed. (See Wildlife Alive v. Chickering (1 976) 18 Cal. 3d 190, 206 [132 Cal.Rptr.3771.)
Nevertheless, decisionmakers benefit from information about Project benefits. These benefits
can be cited, if necessary, in a statement of overriding considerations. (See CEQA Guidelines,
Section 15093.)
The City finds that the Project would have the following substantial social, environmental and
economic benefits:
1. The proposed project is consistent with and implements the goals and objectives of the
City of Carlsbad General Plan. The proposed project provides a compatible mixture of
land uses including an assortment of housing project types at densities appropriate for a
Transit Oriented Development (TOD). The project includes non-residential uses such as
mixed-use retail and visitor serving commercial and open space. The mixed use
commercial is designed to support the needs of the residents and the needs of the transit
users. Both of these are goals of the Carlsbad General Plan. The proposed plan, by its
transit serving nature reduces automobile trips and encourages pedestrian and bicycle
trips, also a goal of the General Plan.
2. The Transit Oriented nature of the project is very compatible with the other approved and
developed land uses in the area. The visitor serving nature of many of these projects will
cause a natural influx of visitors to the area. By having a commercial mixed use project
adjacent to the Poinsettia Station which will serve their needs, many visitors will use
transit as an alternative in visiting the area. This will again reduce automobile trips in the
area, a goal of the General Plan.
3. The visitor serving nature of the surrounding projects requires a need for low and
moderate income employees usually associated with visitor-serving industries. The
proposed project offers a number of varied types of affordable housing very close to these
visitor serving uses. By doing so, the-proposed project will benefit the economics of the
City by housing these needed employees. A mix of housing types and alternatives is a
goal of the General Plan.
4. The proposed project will generate fewer average daily and peak hour trips than the
existing planned office, residential, commercial and hotel uses for the project within
Growth Management Zone 22. The existing general plan designations would generate
21,600 daily vehicle trips compared with 14,058 for the proposed project. The existing general plan designations generate 2,403 AM and 2,565 PM peak hour trips. In
comparison, the proposed project will generate 885 AM and 1,303 PM peak hour trips.
The overall impacts to circulation are greatly reduced by the proposed project.
5. The ultimate development of the proposed project will provide an assortment of housing
types to meet the needs of the City. These include an assortment of affordable housing
types. The proposed project will offer "loft" type units in the mixed use area, a portion of
Page 29
Findings of Facts a Poinsettia Proper m I s Specific Plan Program EIR -~
which will be rent restricted. In addition the project will include a more traditional
apartment project, very close to the transit station, all units of which will be rented at an
affordable level. The project will also include a small number of “second dwelling units”
which will be affordable. All of the affordable products will be integrated into the
proposed project as opposed to being located off site. This is meaninghl as the project
site is located close to both rail and bus public transit as well as being located within easy
walking or biking distance to retail and recreational uses such as the Pacific Ocean. This
integration allows the affordable housing residents the opportunity to become part of a
larger community and enjoy the benefits of the project’s pedestrian oriented location.
6. The proposed project, which is residential in nature, is more compatible to the adjacent
residential neighborhoods than what would be allowed under the present general plan
designations. The existing general plan designations include 405,672 square feet of
office and travel service uses. These uses are not as compatible as the proposed land
uses.
Page 30
0 0 EXHIBIT ''(
FINAL
PROGRAM ENVIRONMENTAL IMPACT REPORT
MITIGATION MONITORING PROGRAM
for the
POINSETTIA PROPERTIES SPECIFIC PLAN
SCH #96081027
EIR 96-01
JULY 1997
Prepared for:
City of Carlsbad
Planning Department
2075 Las Palmas Drive
Carlsbad, California 92009
Prepared by:
CottonlBelandlAssociates, Inc.
631 0 Greenwich Drive, Suite 220
San Diego, California 92122
747 East Green Street, Suite 300
Pasadena, California 91 101
0 e
POINSETTIA PROPERTIES SPECIFIC PLAN EIR
MITIGATION MONITORING PROGRAM
PURPOSE OF THE MONITORING PROGRAM
The Mitigation Monitoring Program is written in accordance with Section 21081.6 of the
Public Resources Code, which was added by Assembly Bill 3 180 and became effective on
January 1, 1989. The purpose of the program is to ensure that the mitigation measures
required by the Program Environmental Impact Report (Program EIR) for the Poinsettia
Properties Specific Plan are properly implemented. The City will monitor the mitigation
measures required for development and operation of the Poinsettia Properties Specific Plan
Program EIR. The Mitigation Monitoring Checklist provides a mechanism for monitoring
the mitigation measures in compliance with the Program EIR, and general guide lines for the
use and implementation of the monitoring program are described below.
MITIGATION MONITORING CHECKLIST
The Mitigation Monitoring Checklist is organized by categories of environmental impacts,
(e.g., Biological Resources, Traffic/Circulation, Archaeology). For each impact area, the
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: MonitoringlReporting Agency, When
Applied, Implementation and Mechanism and Status. A description of these items is
provided below.
When Applied
The mitigation measures required for the Poinsettia Properties 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).
Monitoring/Reporting 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.
Poinsettia Properties Speczfic Plan
Final Program EIR 1
City of Carlsbad
July 1997
0 Q
Monitoring Mechanism @.e., shown on plans, installed on-site)
The Monitoring Mechanism identifies the specific step in the development regulatory
process where implementation of the measure will be required. For example, completion of
geotechnical studies may be required prior to approval of the grading plan. The information
in this column tells the Monitoring Agency how specific measures will be incorporated into
the development process and when monitoring should occur.
Status (verified datehnitialed)
The Status column of the checklist has been intentionally left blank. City staff will use this
column to make notes about the progress made in implementing each measure. Upon full
implementation of the measure, the completion date will be entered and initialed.
Frequency to MonitorReport
Measures will need to be monitored prior to construction, throughout construction, on
completion, during operation, or on violation. The checklist identifies the monitoring
frequency for each measure. Reporting frequency will also vary and will occur once on
completion, on violation, or ongoing. The checklist identifies the reporting frequency.
HOW TO USE THE MONITORING PROGRAM
The Program EIR for the Poinsettia Properties Specific Plan identifies a number of
mitigation measures to reduce significant environmental impacts. Some of the mitigation
measures apply to the entire project site and must be implemented before any development
occurs. Other mitigation measures will be implemented during project operations. As a
result, the implementation schedule for each measure varies as described in the table.
Poinsettia Properties Specijk Plan City of Carlsbad
Final Program EIR 2 Jury I997
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