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HomeMy WebLinkAbout2000-12-06; Planning Commission; Resolution 4872- - PLANNING COMMISSION RESOLUTION NO. 4872 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A NEGATIVE DECLARATION FOR A NEW 3,260 SQUARE FOOT 7-ELEVEN 24 HOUR CONVENIENCE MARKET INCLUDING ALCOHOL SALES AND GAS PUMPS LOCATED AT THE SOUTHEAST CORNER OF FARADAY AVENUE AND VAN ALLEN WAY IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: 7-ELEVEN @ THE ISLAND CASE NO.: CUP 00-01 WHEREAS, 7-Eleven Corporation, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Lichter-Saterlee Retail 73, LLC, “Owner”. described as Lot 73 of Carlsbad Tract No. 85-24, unit No. 4, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 11811, filed in the office of the County Recorder of San Diego County, May 19,1987. (“the Property”); and WHEREAS, a Negative Declaration was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 6th day of December 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: 4 B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission hereby APPROVES the Negative Declaration according to Exhibit 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 21 Findinps: “ND” dated October 27,2000, and “PIP dated October 24,2000, attached hereto and made a part hereof, based on the following findings: 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 and 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 6th day of December 2000, by the following vote, to wit: AYES: Chairperson Compas, Commissioners Baker, Heineman, L’Heureux, Nielsen, Segall, and Trigas NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: ,-r PC RBSO NO. 4872 city of C&bad NEGATIVE DECLARATION Project Address/Location: Southwest corner of Faraday Avenue and Van Allen Way Project Description: New 3,260 square foot convenience market with gas pumps 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: CASE NO: CASE NAME: PUBLISH DATE: OCTOBER 27,200O CUP 00-01 7-ELEVEN @ THE ISLAND OCTOBER 27,200O Planning Director 1635 Faraday Avenue - Carlsbad, CA 92008-7314 l (760) 602-4600 l FAX (760) 602.8559 l www.ci.carlsbad.ca.us CB - ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: CUP 00-01 DATE: October 24.2000 BACKGROUND 1. 2. 3. CASE NAME: 7-Eleven @ the Island APPLICANT 7-Eleven Corporation ADDRESS AND PHONE NUMBER OF APPLICANT: 330 E. Lamber Road. Suite 230. Brea, CA 92123 4. DATE EIA FORM PART I SUBMITTED: 07/03/00 5. PROJECT DESCRIPTION: New 3,260 square foot convenience market with gas wnws 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 [XI Transportation/Circulation q Public Services q Population and Housing q Biological Resources 0 Utilities & Service Systems q Geological Problems cl Energy &Mineral Resources 0 Aesthetics q Water q Hazards q Cultural Resources q Air Quality q Noise q Recreation 0 Mandatory Findings of Significance Rev. 03128196 DETERMINATION. - El q cl cl 0 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. Planner Signature Date Planning DirectoxSignake 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 &I 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.03/28/96 . 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 Signiftcant 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:. a) W C) 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 resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible landuses? (#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) II. 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 or 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 4 b) 4 d) e) f-l 8) h) 9 expose people to potential impacts involving: Faultrupture?(#l:Pgs5.1-1 -5.1-15) Seismic ground shaking? (#l:Pgs 5.1-l - 5.1-15) Seismic ground failure, including liquefaction? (#1 :Pgs 5.1-l - 5.1.15) Seiche, tsunami, or volcanic hazard? (#l:Pgs 5.1-I - 5.1-15) Landslides or mudflows? (#l:Pgs 5.1-l - 5.1-15) Erosion, changes in topography or unstable soil conditions from excavation, grading, or till? (#l:Pgs 5.1-l - 5.1-15) Subsidence ofthe land? (#l:Pgs 5.1-l - 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 or property to water related hazards such as flooding? (#l:Pgs 5.2-l 5..2-11) 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-l 1) q q q 0 q q q q E! q q El El q q q q q q q q q q q q H q q El q El q q q q q q q 0 q q q B q q B B q q q q [XI El tzl El [XI El Ix] El El [XI IXI B [XI Ii3 El El [XI 5 Rev. 03128196 Potentially Signiticanl Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact NO Impact Issues (and Supporting Information Sources), d) 9 fl 8) 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 5.2-11) Changes in tlx quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cnts 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-l 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: 4 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. TRANSPORTATIONlCIRCULATION. Would the 4 b) C) 4 e) f-l g) proposal result in: Increased vehicle tips or traffic congestion? (#l:Pgs 5.7-l - 5.722) Hazards to safety from design feahrres (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 turnouts, bicycle racks)? (#l:Pgs 5.7-l 5.722) Rail, waterborne or air traffic impacts? (#l:Pgs 5.7-l - 5.7.22) VII. BIOLOGICAL 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 Itl?p,Xt q q q q q q 5 q 0 q 5 q q q q q q q q -~ Potentially Significant UflkSS Mitigation Incorporated q q q q cl q q q q q q q q q q q q q q Less Than Significant Impact q q q q 0 q q q q q q q q q q q q q q NO 1ITlpXt 5 5 5 5 5 5 q 5 5 5 q 5 5 5 5 5 5 5 5 6 Rev. 03128196 Issues (and Supporting Information Sources). C) 4 e) VIII. 4 b) C) 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-l -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-I - 5.12.1-5 & 5.13-l - 5.13-9) IX. HAZARDS. Would the proposal involve: 4 b) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals orradiation)? (#l:Pgs 5.10.1-l 5.10.1-5) Possible interference with an emergency response plan or emergency evacuation plan? (#l:Pgs 5.10.1-l - 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,ortrees?(#l:Pgs5.10.1-l-5.10.1-5) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (#l:Pgs 5.9-i 5.9. 15) b) Exposure of people to severe noise levels? (#l:Pgs 5.9. I- 5.9-15) XI. PUBLIC SERVICES. Would the proposal have an effect 4 b) Cl d) 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-I 5.12.6-4) Schools? (#l:Pgs 5.12.7.1 5.12.7-5) Maintenance of public facilities, including roads? (LFMP Zone 5) Other governmental services? (#l:Pgs 5.12.1-l 5.12.8-7) Potentially Significant ItllpaCt q q q q q q q q q q q q q El B q Potentially Significant LhkSS Mitigation lncorpmted q q q q q q q q q q q q q q El q q Less Than Significant Impact q q q q q q q q q q q q q q El q q NO Impact 5 5 5 5 5 5 5 5 5 5 5 5 5 5 Ei 5 5 Rev. 03128196 Issues (and Supporting Information Sources). XII.UTILITIES AND SERVICES SYSTEMS. Would the 4 b) C) 4 4 0 8) XIII. =) b) Cl XIV. 4 b) C) d) 4 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-l - 5.13-9) Communications systems? (None) Local or regional water treatment or distribution facilities? (#l:Pgs 5.12.2-l - 5.12.3-7) Sewer or septic tanks? (#l:Pgs 5.12.3-I - 5.12.3-7) Storm water drainage? (#l:Pg 5.2-8) Solid waste disposal? (#l:Pgs 5.12.4-I - 5.12.4-3) Local or regional water supplies? (#l:Pgs 5.12.2-l - 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-l -5.11-5) Create light or glare’? (#l:Pgs 5.11-l - 5.11-5) CULTURAL RESOURCES. Would the proposal: Disturb paleontological resources? (#l:Pgs 5.8-l - 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: =I b) XVI. =I 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 5.12.8-1 - 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 q q q q q El q q q q q q q q q q q Potentially Significant Unless Mitigation Incorporated q B B B q q q q q q q q q q q Less Than Significanl Impact q B El B q q q q q q q q q q q NO Impact 5 1 Ei El El 5 5 5 5 I 5 5 5 5 8 Rev. 03128196 ._. Issues (and Supporting Information Sources)~ Potentially Potentially Less Than No Sianiticant Sieniticant Significant lmuact b) C) XVII. impact lrnless imPact Mitigation Incorporated Does the project have impacts that are individually limited, but cumulatively considerable? q q q (“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 cement projects, and the effects of probable future projects)? probable future projects)? Does the project have environmental effects which will Does the project have environmental effects which will cause the substantial adverse effects on human beings, cause the substantial adverse effects on human beings, 0 El cl 0 El cl either directly or indirectly? either directly or indirectly? El [XI EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: 4 Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are “Less than Significant with Mitigation Incorporated,“ describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. Rev. 03/28/96 DISCUSSION OF ENVIRONMENTAL EVALUATION The site is a portion of a larger project known as the Island @ Carlsbad. The site has been graded and access to the site has been provided by driveways on Faraday Avenue and Van Allen Way. There is clearly no biological significance to the site. Other than the cumulative impacts to air quality and circulation discussed below, no significant environmental impacts have been identified. Compliance with the California Health and Safety Code and Rule 20 of the Air Pollution Control District Rules and Regulations as stated in the required regulatory permits for the construction and operation of a gasoline dispensing facility will reduce the risk of explosion and release of hazardous substances to a level of insignificance. Engineering and Fire Department review of the project will ensure that typical safety features and provisions are designed into the project. AIR OUALITY: 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 Plamring Department. 10 Rev. 03128196 CIRCULATION: The primary streets serving the project are Faraday Avenue and Van Allen Way. Faraday Avenue is a collector street with an estimated traffic volume of up to 5,000 average daily trips and Van Allen Way is a local cul-de-sac street with an estimated traffic volume of up to 500 average daily trips. The SANDAG trip generation rate for gas stations with a convenience market is 160 ADT (average daily trips) per fueling station. There are 8 fueling stations, therefore, an estimated 1,280 ADT. The Island @ Carlsbad has installed a raised median to Faraday Avenue to accommodate the additional traffic generated by that project. In addition, in accordance with the “Transportation Analysis for 7-Eleven at The Island” report dated July 31, 2000 by Urban Systems and Associates, Inc., a traffic signal will be needed at the intersection of Faraday Avenue and Van Allen Way once the 7-Eleven and the Island @ Carlsbad project are operating. The owner/developer of the Island @ Carlsbad is currently processing the traffic signal plans through the City. A condition has been added to the attached resolution requiring that the signal be ready for operation prior to occupancy of the 7-Eleven. There is an expectation that the trips generated by the addition of the 7-Eleven already exist since there are many who drive by the project on their way to and from the workplace on Van Allen Way, Newton Drive and Faraday Avenue. The intersections at College Boulevard and Faraday Avenue and Faraday Avenue and Van Allen Way are currently operating at a Level of Service (LOS) A which is the best traffic flow attainable. With the traffic signal installed at the intersection of Van Allen Way and Faraday Avenue, a Level of Service A will be maintained. The 7-Eleven project will not add enough ADT to cause the LOS to change. The proposed gas station is part of the Island @ Carlsbad commercial center which is part of the larger planned industrial park, Carlsbad Research Center (CRC). A commercial center was identified in the CRC specific plan to provide services for those who inhabited the industrial park during the work week 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 develop alternative modes of transportation suc,h 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, 11 Rev. 03128196 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. A MEIR may not be used to review projects if it was certified more than live years prior to the tiling of an application for a later project. The City is currently reviewing the 1994 MEIR to determine whether it is still adequate to review subsequent projects. Although the MEIR was certified more than five years ago, the City’s preliminary review of its adequacy finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified. The only potential changed circumstance, the intersection failure at Palomar Airport Rd. and El Camino Real, is in the process of being mitigated to below a level of significance. Additionally, there is no new available information, which was not known and could not have been known at the time the MEIR was certified. Therefore, the MEIR remains adequate to review later projects. EARLIERANALYSESUSED 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 Report for the City of Carlsbad General Plan Update (MEIR 93-Ol), dated March 1994, City of Carlsbad Planning Department. 12 Rev. 03/28/96 - LIST OF MITIGATING MEASURES (IF APPLICABLE) None ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) 13 Rev.03128196 APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signature 14 Rev. 0312X/96