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HomeMy WebLinkAbout2000-10-18; Planning Commission; Resolution 48451 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4845 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A NEGATIVE DECLARATION FOR THE CONSTRUCTION OF A 71 UNIT ASSISTED LIVING FACILITY FOR THE ELDERLY ON 2.20 ACRES GENERALLY LOCATED SOUTH OF CARLSBAD VILLAGE DRIVE AND WEST OF HIGHLAND DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: AEGIS OF CARLSBAD CASE NO.: SDP 00-14iCUP 00-05 WHEREAS, Aegis Assisted Living LLC., “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Hoyt S. Pardee, “Owner”, described as That portion of Tract 119 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1661, filed in the office of the County Recorder of San Diego County, March 1,1915. (“the Property”); and WHEREAS, a Negative Declaration was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 18th day of October 2000, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Planning Commission hereby APPROVES the Negative Declaration according to Exhibit “ND” dated September 22, 2000, and “PII” dated September 14, 2000, attached hereto and made a part hereof, based on the following findings: FindinEs: 1. The Planning Commission of the City of Carlsbad does hereby find: A B C D It has reviewed, analyzed and considered the Negative Declaration for Aegis of Carlsbad, the environmental impacts therein identified for this project and any comments thereon prior to APPROVING the project; and The Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and It reflects the independent judgment of the Planning Commission of the City of Carlsbad; and Based on the EIA Part II and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. PC BESO NO. 4845 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 18th day of October 2000, by the following vote, to wit: AYES: Chairperson Compas, Commissioners Baker, L’Heureux, Nielsen, Segall, and Trigas NOES: ABSENT: Commissioner Heineman ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: !/wJKG~ MICHAEL J. HOtiILL%R Planning Director PC RESO NO. 4845 -3. city of &&bad NEGATIVE DECLARATION Project Address/Location: South of Carlsbad Village Drive and west of Highland Drive Project Description: Two-story 71 unit assisted living facility for the elderly. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on tile in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 20 days of date of issuance. If you have any questions, please call Christer Westman in the Planning Department at (760) 602-4614. DATED: SEPTEMBER 22,200O CASE NO: CUF’ OO-05/SDP 00-14 CASE NAME: AEGIS OF CARLSBAD PUBLISH DATE: SEPTEMBER 22,200O Planning Director 1635 Faraday Avenue - Carlsbad, CA 92008.7314 - (760) 602-4600 - FAX (760) 602-8559 - ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: SDP 00-14iCUP 00-05 DATE: September 8.2000 BACKGROUND 1. 2. 3. CASE NAME: Aegis of Carlsbad APPLICANT: Aegis Assisted Living LLC. ADDRESS AND PHONE NUMBER OF APPLICANT: 220 Concourse Boulevard. Santa Rosa California 95403 4. DATE EIA FORM PART I SUBMITTED: June 30.2000 5. PROJECT DESCRIPTION: Two story 71 unit assisted living facilitv on 2.2 acres SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. q Land Use and Planning El Transportation/Circulation q Public Services cl Population and Housing q Biological Resources 0 Utilities & Service Systems q Geological Problems q Energy & Mineral Resources q Aesthetics q Water q Air Quality q Hazards q Cultural Resources q Noise q Recreation - u Mandatory Findings of Significance Rev. 03128196 DETERMINATION. El cl 0 0 cl I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A(n) EIR is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. .’ \ I *iQddt Planner Signature &g&&&Y &?&m-D Date ! I 4 Ir&@ Date Rev. 03/28/96 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identities any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant. Based on an “EIA-Part II”, if a proposed project could have a potentially significant effect on the environment, but &l potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. 3 Rev. 03128196 . If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. . An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. Rev.O3/28196 Issues (and Supporting Information Sources). I. LAND USE AND PLANNING. Would the proposal:. 4 b) Cl 4 e) Conflict with general plan designation or zoning? (Source #(s): (#l:Pgs 5.6-l 5.6-18) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (#l:Pgs 5.6-l - 5.6-18) Be incompatible with existing land use in the vicinity? (#l:Pgs 5.6-l - 5.6-18) Affect agricultural ~esowces or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses? (#l:Pgs 5.6-l 5.6-18) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? (#l:Pgs 5.6-l - 5.6-18) Il. POPULATION AND HOUSING. Would the proposal: 4 b) C) Cumulatively exceed official regional or local population projections? (#l:Pgs 5.5-l 5.5-6) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area 01 extension of major infrastructure)? (#l:Pgs 5.5-l - 5.5-6) Displace existing housing, especially affordable housing? (#l:Pgs 5.5-l 5.5-6) III. GEOLOGIC PROBLEMS. Would the proposal result in or =I b) Cl 4 e) f-J 8) h) i) expose people to potential impacts involving: Faultrupture? (#l:Pgs 5.1-1 5.1-15) Seismic ground shaking? (#l:Pgs 5.1-l 5.1-15) Seismic ground failure, including liquefaction? (#l:Pgs 5.1-1 -5.1.15) Seiche, tsunami, or volcanic hazard? (#l:Pgs 5.1-l 5.1-15) Landslides or mudflows? (#l:Pgs 5.1-1 - 5.1-15) Erosion, changes in topography or unstable soil conditions from excavation, grading, or till? (#l:Pgs 5.1-1 - 5.1-15) Subsidence ofthe land? (#l:Pgs 5.1-1 - 5.1-15) Expansive soils? (#l:Pgs 5.1-l 5.1-15) Unique geologic or physical features? (#l:Pgs 5.1-l 5.1-15) IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (#l:Pgs 5.2-l 5..2- 11) b) Exposure of people OT property to water related hazards such as flooding’? (#l:Pgs 5.2-l 5,.2-l 1) c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (#l:Pgs 5.2-l 5..2-11) 5 Rev. 03128196 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact NO Impact Issues (and Supporting Information Sources). d h) 9 Changes in the amount of surface water in any water body? (#l:Pgs 5.2-l 5..2-11) Changes in currents, or the course or direction of water movements? (#l:Pgs 5.2-l - 5,.2-l 1) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (#l:Pgs 5.2-l - 5.,2-l 1) Altered direction or rate of flow of groundwater? (#l:Pgs 5.2-1 5..2-11) Impacts to groundwater quality? (#l:Pgs 5.2-l - 5..2- 11) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (#l:Pgs 5.2-l - 5..2-11) V. AIR QUALITY. Would the proposal: =I b) 4 4 Violate any air quality standard or contribute to an existing or projected air quality violation? (#l:Pgs 5.3- 1 - 5.3-12) Expose sensitive receptors to pollutants? (#l:Pgs 5.3-l - 5.3-12) Alter air movement, moisture, or temperature, or cause any change in climate? (#l:Pgs 5.3-l - 5.3-12) Create objectionable odors? (#l:Pgs 5.3-l - 5.3-12) VI. TRANSPORTATlON/ClRCULATlON. Would the =I b) 4 4 e) fl g) proposal result in: Increased vehicle trips or traffic congestion? (#l:Pgs 5.7-l 5.7.22) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (#l:Pgs 5.7-l 5.7.22) Inadequate emergency access or access to nearby uses? (#l:Pgs 5.7-l - 5.7.22) Insufficient parking capacity on-site or off-site? (#l:Pgs 5.7-l - 5.7.22) Hazards or barriers for pedestrians or bicyclists? (#l:Pgs 5.7-l 5.7.22) Conflicts with adopted policies supporting alternative transportation (e.g. bus hunouts, bicycle racks)? (#l:Pgs 5.7-l 5.7.22) Rail, waterborne or air traffic impacts’? (#l:Pgs 5.7-l 5.7.22) Vll.BlOLOGlCAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? (#l:Pgs 5.4-l 5.4-24) b) Locally designated species (e.g. heritage trees)? (#l:Pgs 5.4-l 5.4-24) Potentially Significant Impact 0 0 q Potentially Significant Unless Mitigation Incorporated cl cl 0 Less Than Signifkanl Impact NO Impact 6 Rev. 03128196 Issues (and Supporting Information Sources). Cl 4 e) VIII. a) b) 9 Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (#l:Pgs 5.4-l - 5.4-24) Wetland habitat (e.g. marsh, riparian and vernal pool)? (#l:Pgs 5.4-l - 5.4-24) Wildlife dispersal or migration corridors? (#l:Pgs 5.4-l - 5.4-24) ENERGY AND MINERAL RESOURCES. Would the proposal? Conflict with adopted energy conservation plans? (#l:Pgs 5.12.1-1 5.12.1-5 & 5.13-l 5.13-9) Use non-renewable resources in a wasteful and ineffIcient manner? (#l:Pgs 5.12.1-1 -5.12.1-5 & 5.13- 1 - 5.13-9) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents ofthe State? (#l:Pgs 5.12.1-1 5.12.1-5 & 5.13-1 - 5.13-9) IX. HAZARDS. Would the proposal involve: 4 b) C) d) e) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicalsorradiation)? (#l:Pgs 5.10.1-l 5.10.1-5) Possible interference with an emergency response plan 01 emergency evacuation plan? (#l:Pgs 5.10.1-I - 5.10.1-5) The creation of any health hazard or potential health hazards?(#l:Pgs 5.10.1-l 5.10.1-5) Exposure of people to existing sources of potential health hazards? (#l:Pgs 5.10.1-l - 5.10.1-5) Increase tire hazard in areas with flammable brush, grass, or trees? (#l:Pgs 5.10.1-l 5.10.1-5) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (#l:Pgs 5.9-l 5.9. 15) b) Exposure of people to severe noise levels? (#l:Pgs 5.9. 1 - 5.9-15) XI. PUBLIC SERVICES. Would the proposal have an effect 4 b) Cl 4 e) upon, or result in a need for new or altered government services in any of the following areas: Fire protection? (#l:Pgs 5.12.5-1 - 5.12.5-6) Police protection? (#l:Pgs 5.12.6-l 5.12.6-4) Schools? (#l:Pgs 5.12.7.1 5.12.7-5) Maintenance of public facilities, including roads? (#l:Pgs 5.12.1-l 5.12.8-7) Other governmental services? (#l:Pgs 5.12.1-1 - 5.12.8-7) Potentially Significant impact cl cl 0 0 cl 0 III El 0 cl cl 0 0 B B 0 SignificaG UllkSS Mitigation Incorporated 0 cl 0 III 0 cl 0 !il cl 0 0 q El B B q Less Than Significant impact NO Impact Rev. 03128196 Issues (and Supporting Information Sources). XII.UTILITIES AND SERVICES SYSTEMS. Would the a) b) C) 4 e) cl 8) XIII. 4 b) 4 XIV. a) b) C) 4 e) proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: Power or natural gas? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9) Communications systems? (N/A) Local or regional water treeahnent or distribution facilities? (#l:Pgs 5.12.2-1 - 5.12.3-7) Sewer or septic tanks? (#l:Pgs 5.12.3-1 - 5.12.3-7) Storm water drainage? (#l:Pg 5.2-8) Solid waste disposal? (#l:Pgs 5.12.4-1 - 5.12.4-3) Local or regional water supplies? (#l:Pgs 5.12.2-1 5.12.3-7) AESTHETICS. Would the proposal: Affect a scenic or vista or scenic highway? (#l :Pgs 5.11-1 5.11-5) Have a demonstrated negative aesthetic effect? (#l:Pgs 5.11-1 - 5.11-5) Createlightorglare?(#l:Pgs5.11-1 - 5.11-5) CULTURAL RESOURCES. Would the proposal: Disturb paleontological resources? (#l:Pgs 5.8-1 5.8. 10) Disturb archaeological resources? (#l:Pgs 5.8-l - 5.8- 10) Affect historical resources? (#l:Pgs 5.8-l 5.8-10) Have the potential to cause a physical change which would affect unique ethnic cultural values? (#l:Pgs 5.8- 1 5.8-10) Restrict existing religious or sacred uses within the potential impact area? (#l:Pgs 5.8-l 5.8-10) XV. RECREATIONAL. Would the proposal: a) b) XVI. al Increase the demand for neighborhood or regional parks or other recreational facilities? (#l:Pgs 5.12.8-1 5.12.8-7) Affect existing recreational opportunities? (#l:Pgs 5.12.8-l - 5.12.8-7) MANDATORY FINDINGS OF SIGNIFICANCE. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact cl H El El III 0 cl 0 cl El 0 El cl 0 8 Rev. 03128196 Issues (and Supporting Information Sources). b) Cl XVII. Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? EARLIER ANALYSES. No earlier analyses has been used, Potentially Si~niticant Potentially Less Than No Significant Significant Impact impact Unless Impact Mitigation Incorporated 0 0 OEI 0 0 q tz 9 Rev. 03/28/96 DISCUSSION OF ENVIRONMENTAL EVALUATION AIR QUALITY: In 1994 the City prepared and certified an EIR which analyzed the impacts which will result from the build-out of the City under an updated General Plan. That document concludes that continued development to build-out as proposed in the updated General Plan will have cumulative significant impacts in the form of increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a “non-attainment basin”, any additional air emissions are considered cumulatively significant: therefore, continued development to build-out as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan build-out, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a “non-attainment basin”, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for air quality impacts. This “Statement Of Overriding Considerations” applies to all projects covered by the General Plan’s Final Master EIR. This project is within the scope of that MEIR This document is available at the Planning Department. CIRCULATION: In 1994 the City prepared and certified a Master EIR which analyzed the impacts which would result from the build-out of the City under an updated General Plan. That document concluded that continued development to build-out as proposed in the updated General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate build-out traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City’s adopted Growth Management performance standards at build-out. To lessen or minimize the impact on circulation associated with General Plan build-out, numerous mitigation measures have been recommended in the Final Master EIR. These include: 1) measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to 10 Rev.03128196 develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at build-out of the General Plan due to regional through-traffic, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for circulation impacts. This “Statement Of Overriding Considerations” applies to all projects covered by the General Plan’s Master EIR. This project is within the scope of that MEIR This document is available at the Planning Department. In addition, the City has received its annual Growth Management Traffic Monitoring Report. The Report has recorded an unanticipated intersection “level of service” (LOS) failure at Palomar Airport Road (PAR) and El Camino Real (ECR) during both the a.m. and p.m. peak hours. A mitigation measure is currently under construction and it will bring the peak hours LOS into the acceptable range. The mitigation measure involves construction of two dual right turn lanes (northbound to eastbound and westbound to northbound). EARLIER ANALYSES USED The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008, (760) 602-4600. 1. Final Master Environmental Impact Reuort for the City of Carlsbad General Plan Update (MEIR 93-Ol), dated March 1994, City of Carlsbad Planning Department. 11 Rev. 03128196