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HomeMy WebLinkAbout2001-09-19; Planning Commission; Resolution 50401 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. 5040 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION, ADDENDUM AND MITIGATION MONITORING AND REPORTING PROGRAM TO DEVELOP A 15.69 ACRE SITE WITH A 120,000 SQUARE FOOT OFFICE BUILDING LOCATED ADJACENT AND SOUTH OF PALOMAR AIRPORT ROAD AND EAST OF AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: PACIFICA PALOMAR OFFICE BUILDING CASE NO.: GPA Ol-05/ SDP Ol-Ol/ CDP Ol-02/ PIP 01-02 WHEREAS, Paciilca Enterprises Island Realty 1 Limited Partnership, “Developer and Owner,” has filed a verified application with the City of Carlsbad regarding property described as That portion of that certain parcel of land shown and designated as description No. 3,78.01 acres on record of survey map no. 5715, filed in the offrce of the County Recorder of San Diego County, December 19, 1960, being a portion of Lot G of the Ranch0 Agua Hedionda, according to map thereof No 823, filed in the offke of the County Recorder of San Diego County, November 16, 1896, in the City of Carlsbad, County of San Diego, State of California, lying southerly of the centerline of Palomar Airport Road, as shown on County of San Diego Road Survey No. 1534, on file in the office of the County Surveyor of said County (“the Property”); and WHEREAS, a Mitigated Negative Declaration, Addendum, and Mitigation Monitoring and Reporting Program was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 19th day of September, 2001 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 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 relating to the Mitigated Negative Declaration, Addendum, and Mitigation Monitoring and Reporting Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A> That the foregoing recitations are true and correct. W That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative Declaration, Addendum, and Mitigation Monitoring and Reporting Program according to Exhibit “ND” dated July 5, 2001, and ‘PIP’ dated June 5, 2001, attached hereto and made a part hereof, based on the following findings: Findiws: 1. The Planning Commission of the City of Carlsbad does hereby find: A. it has reviewed, analyzed and considered the Mitigated Negative Declaration, Addendum, and Mitigation Monitoring and Reporting Program, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and B. the Mitigated Negative Declaration, Addendum, and Mitigation Monitoring and Reporting Program 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 C. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and D. based on the EIA Part II and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. Conditions 1. The Developer shall implement, or cause the implementation of the Paciiica Palomar Office Building Mitigation, Addendum, and Monitoring and Reporting Program. 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 19th day of September 2001 by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, and Trigas NOES: Commissioners Heineman, Nielsen ABSENT: ABSTAIN: N CARL&ID PLANNING COMMISSION ATTEST: MICHAELJ. MLZ~~IXIR 1 Planning Director PC RESO NO. 5040 -3- City of Carlsbad MITIGATED NEGATIVE DECLARATION Project Address/Location: South and adjacent to Palomar Airport Road and east of Aviara Parkway. Project site is accessed via Laura1 Tree Road extension. Property is also identified as Assessor’s Parcel Number 212-040- 25-00 Project Description: A General Plan Amendment, Site development Plan, Planned Industrial Permit for the construction of a 120,000 square foot, three-story office building and associated parking on 15.69 acres of land and to adjust the open space/planned industrial boundary. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project “as revised” may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Mitigated Negative Declaration with supportive documents is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-4613. DATED: JULY 5,200l CASE NO: GPA Ol-OS/SDP Ol-Ol/CDP Ol-02/PIP 01-02 CASE NAME: PACIFICA PALOMAR PUBLISH DATE: JULY 5,200l MICHAEL J. HOLmILl%R Planning Director 1635 Faraday Avenue l Carlsbad, CA 92008-7314 l (760) 602-4600 l FAX (760) 602-8559 l www.ci.carlsbad.ca.us ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II CASE NO: GPA 01-OS/SDP Ol-Ol/CDP Ol-OZPIP 01-02 DATE: June 5.2001 BACKGROUND 1. CASE NAME: PACIFICA CARLSBAD 2. APPLICANT: PACIFICA ENTERPRISES/ISLAND REALITY I. L.P. 3. ADDRESSES AND PHONE NUMBER OF APPLICANT: 12780 HIGH BLUFF DRIVE, SUITE 160. SAN DIEGO. CA 92130 (858) 755-0216 4. DATE EIA FORM PART I SUBMITTED: February 1.2001 5. PROJECT DESCRIPTION: A 120,000 square foot, three-story office building located adjacent and south of Palomar Airport Road and east of Aviara Parkway on 15.69 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. cl Land Use and Planning Ix1 Transportation/Circulation 0 Public Services 0 Population and Housing IXI Biological Resources 0 Utilities & Service Systems 0 Geological Problems Cl Energy & Mineral Resources 0 Aesthetics q Water cl Hazards cl Cultural Resources q Air Quality lxl Noise cl Recreation 0 Mandatory Findings of Significance 1 Rev. 03128196 DETERMINATION. cl Ix] 0 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 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 signifkant 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. An 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 Master Environmental Impact Review (MEIR 93-01) pursuant to applicable standards and (b) have been voided or mitigated pursuant to that earlier Master Environmental Review (MEIR 93-Ol), including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. 6-m -a/ Date 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 identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not 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. 03/28/96 l 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. a 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. 03/28/96 Issues (and Supporting Information Sources). I. LAND USE AND PLANNING. Would the proposal:. 4 b) 4 4 4 Conflict with general plan designation or zoning? (Source #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 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) II. POPULATION AND HOUSING. Would the proposal: a) 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 a) b) c) 4 4 cl s> h) 9 expose people to potential impacts i&&rig: Fault rupture? (#l:Pgs 5.1-l - 5.1-15, # 2) Seismic ground shaking? (#l:Pgs 5.1-1 - 5.1-15, # 2) Seismic ground failure, including liquefaction? (#l :Pgs 5.1-1 - 5.1.15, # 2) Seiche, tsunami, or volcanic hazard? (#l:Pgs 5.1-l - 5.1-15, # 2) Landslides or mudflows? (#l:Pgs 5.1-1 - 5.1-15, # 2) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#l:Pgs 5.1-1 - 5.1-15, # 2) Subsidence of the land? (#l:Pgs 5.1-l - 5.1-15, # 2) Expansive soils? (#l:Pgs 5.1-1 - 5.1-15, # 2) Unique geologic or physical features? (#l:Pgs 5.1-1 - 5.1-15, # 2) 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, #3) b) Exposure of people or property to water related hazards such as flooding? (#l:Pgs 5.2-l - 5.2-l 1, # 3) 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) Potentially Significant Impact q q q q q q q q q q 0 III q q q q q q q q Potentially Significant Unless Mitigation Incorporated q q q q q q q q q q q q q q q q q q q q Less Than Significant Impact q q q q q q q q q q 0 q cl q q q q q q cl No Impact El l.xl IXI (XI lxl lzl (XI l-xl txl IXI IXI lxl El lxl lxl lxl lxl IXI El Ix] 5 Rev. 03128196 Issues (and Supporting Information Sources). d) 4 f) g) 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 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-I - 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-l 1) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? (#l:Pgs 5.3- 1 - 5.3-12) b) Expose sensitive receptors to pollutants? (#l:Pgs 5.3-l - 5.3-12) c) Alter air movement, moisture, or temperature, or cause any change in climate? (#l:Pgs 5.3-l - 5.3-12) d) Create objectionable odors? (#l:Pgs 5.3-l - 5.3-12) VI. TRANSPORTATION/CIRCULATION. Would the a) b) cl 4 4 f) 8) proposal result in: Increased vehicle trips or traffic congestion? (#l:Pgs 5.7-l - 5.7-22, # 4) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (#l:Pgs 5.7-I - 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 - 5.7-22) 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, #5) b) Locally designated species (e.g. heritage trees)? (#l:Pgs 5.4-l - 5.4-24, #5) c) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (#l :Pgs 5.4- 1 - 5.4-24, #5) Potentially Significant Impact q q 0 q q q IXI q q q lzl q q q q q q q q q Potentially Significant Unless Mitigation Incorporated q 0 0 q q q q q q q q 0 q q q q q q 0 q Less Than Significant Impact q q 0 q q q q q q q q cl q q q q q lxl q q No Impact El Ix1 IXI IXI lxl El q lxl Ix) lxl q IXI lzl lxl IXI IXI El q lxl El 6 Rev. 03/28/96 Issues (and Supporting Information Sources). 4 e) VIII. 4 b) 4 Wetland habitat (e.g. marsh, riparian and vernal pool)? (#l:Pgs 5.4-l - 5.4-24, #5) Wildlife dispersal or migration corridors? (#I :Pgs 5.4- 1 - 5.4-24, #5) ENERGY AND MINERAL RESOURCES. Would the proposal: Conflict with adopted energy conservation plans? (#l:Pgs 5.12.1-l - 5.12.1-5 & 5.13-I - 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 of the State? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-l - 5.13-9) IX. HAZARDS. Would the proposal involve: a) b) 4 d) 4 A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? (#l:Pgs 5.10.1-I - 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 fire 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 upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? (#l:Pgs 5.12.5-l - 5.12.5-6) b) Police protection? (#l:Pgs 5.12.6-1 - 5.12.6-4) c) Schools? (#l:Pgs 5.12.7.1 - 5.12.7-5) d) Maintenance of public facilities, including roads? (#l:Pgs 5.12.1-1 - 5.12.8-7) e) Other govermnental services? (#l:Pgs 5.12.1-1 - 5.12.8-7) XII.UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9) Potentially Significant Impact q 0 q q q cl q q q q q q q q q q q q SignifiCaA Unless Mitigation Incorporated q q q q q q q q q q q q q q q q q 0 Less Than Significant Impact q q q q q q q q q q q El q q cl q q q No Impact lz lxl Ia lxl lxl El lxl lxl IXI El lxl q la lxl lxl lxl lxl Ix1 7 Rev. 03128196 Issues (and Supporting Information Sources). b) d 4 4 0 8) XIII. a) b) c) XIV. a) b) 4 4 e) Communications systems? (#l:Pgs 5.12.1-I - 5.12.8-7) Local or regional water treatment 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? (#I :Pg 5.2-8) Solid waste disposal? (#l:Pgs 5.12.4-l - 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 - 5.1 l-5) Have or demonstrate a negative aesthetic effect? (#l:Pgs 5.11-1 - 5.11-5) Createlightorglare?(#l:Pgs 5.11-1 - 5.11-5) CULTURAL RESOURCES. Would the proposal: Disturb paleontological resources? (#l:Pgs 5.8-l - 5.8- 1QJ Disturb archaeological resources? (#l:Pgs 5.8-l - 5.8- 10, #6) Affect historical resources? (#l:Pgs 5.8-l - 5.8-10, #6) Have the potential to cause a physical change which would affect unique ethnic cultural values? (#l:Pgs 5.8-l - 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) Increase the demand for neighborhood or regional parks or other recreational facilities? (#l :Pgs 5.12% 1 - 5.12.8-7) b) Affect existing recreational opportunities? (#l:Pgs 5.12.8-1 - 5.12.8-7) XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Potentially Significanf Impact q q q q q q q q q q q q q q q q q Potentially Significant Unless Mitigation Incorporated q q q q q q q q q q q q q q q q q Less Than Significant Impact q q q q q q q q q q q q q q q q q No Impact El IXI lxl lxl lxl IXI lxl lxl Ix1 El Ix1 Ix] Ix] Ix1 lxl El IXI Rev. 03128196 Issues (and Supporting Information Sources). b) cl 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? Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated q q q lxl q q q la Rev. 03128196 XVII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Cl 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. 10 Rev. 03/28/96 DISCUSSION OF ENVIRONMENTAL EVALUATION I. PROJECT DESCRIPTION/ENVIRONMENTAL SETTING The project consists of a 120,000 square foot, three-story, office building with 385 surface and 104 underground parking spaces on 15.69 acres located south and adjacent to Palomar Airport Road and east of Aviara Parkway. Improvements consist of the extension of Laura1 Tree Lane, a public road, to cross Encinas Creek within the existing Laura1 Tree Lane private road easement replacing the existing Laura1 Tree Ln. drainage culvert for Encinas Creek; extend drainage facilities from Palomar Airport Road to proposed detention basins; frontage improvements on Palomar Airport Road; and storm water detention basins. The General Plan amendment is to adjust the boundary of the open space/planned industrial based on environmental and biological constraints. The project site is bordered by Palomar Airport Road to the north and to the south by Encinas Creek. The northern developable portion of the site is relatively flat and has been used for agricultural purposes. On site elevations range from 100 feet to 106 feet in the low-lying area and up to 160 feet above MSL on the southern slope. The majority of the site is disturbed habitat, with native vegetation communities (including southern willow scrub and southern mixed chaparral) existing along the length of the drainage and on the steep slope along the southern boundary of the parcel. No sensitive plant or animal species were observed on the site. 11 Rev. 03/28/96 II. ENVIRONMENTAL ANALYSIS B. Environmental Impact Discussion Air Quality The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in 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 buildout 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 buildout, 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 subsequent projects covered by the General Plan’s Final Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. Transportation/Circulation The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout 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 buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to 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 12 Rev. 03/28/96 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 buildout 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 subsequent projects covered by the General Plan’s Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. Biology The site supports, 2.0 acres of southern mixed chaparral, 0.15 acres of southern willow scrub (disturbed), 0.3 acre of ephemeral drainage, and 9.15 acres of disturbed habitat. The .02-acre of freshwater marsh and .15-acre southern willow scrub (disturbed) referenced in the biological report are located west and downstream of the project site. Of these habitats, 0.2 acre is Army Corps of Engineers (ACOE) jurisdictional wetlands (off-site) and .15 acre is ACOE jurisdictional non-wetland Waters of the U.S (on-site). In addition, Calif. Dept. of Fish and Game (CDFG) jurisdictional areas include all ACOE jurisdictional areas as well as an additional 2.3 acres of riparian habitat (southern willow scrub). Development of the site would only impact disturbed habitat. The project proposes to avoid direct impacts to all ACOE and CDFG jurisdictional areas. A focused survey for the least Bell’s vireo was conducted and it was not observed on the site. Habitat quality was determined to be of poor quality for the support of the willow flycatcher. A rare plant survey was conducted for the San Diego thornmint and thread-leaved brodiaea with none found. No rare plants were observed within the project area proposed for development. A 50-foot buffer is proposed to extend from the identified riparian habitat. A portion of the buffer area will be improved with detention basins for the control of pollutant discharge in accordance with the NPDES best management practices and a decomposed citywide trail along the outermost portion of the buffer. The trail, with a non-paved but permeable surface, will be placed in the buffer between the buildings and detention basin. Urban water runoff will be collected from Palomar Airport Road and the project site and run through the basins prior to being released into the Encinas Creek. The buffer area will be landscaped with a native mix of plants to transition from the native to non-native landscaping. All sediment removal/swale maintenance will be accomplished manually, not using motorized equipment that requires placement in the buffer or wetlands. 13 Rev. 03128196 Mitigation The focused surveys for the least Bell’s vireo are typically valid for two seasons, with the projects surveys therefore applicable to at least the year 2001. If the project grading were completed prior to April 1,2002, no additional surveys or mitigation would be recommended. If the project grading activities were expected to extend beyond the beginning of the 2002 breading season, the project applicant shall consult with the United States Fish and Wildlife service (USFWS) prior to commencing grading to determine if additional surveys or mitigation would be necessary. Prior to grading plan approval, areas of the site to be preserved in their existing condition shall be clearly demarcated on the grading plans to the satisfaction of the Planning Director and Public Works Director. A habitat protection fence detail approved by the Planning Director and Public Works Director shall be included on the grading plan along with the location for its installation. These areas shall be fenced in the field by a qualified biologist who shall also submit to the Planning Director a letter attesting to the accuracy of the fencing location prior to the issuance of the grading permit. To minimize indirect impacts to the Encinas Creek, the proposed 50-foot setback shall be revegetated using native upland plant species. This shall be included in the final landscape plans for the project that must be approved prior to the approval of a grading plan. Review and approval of the landscape plans for the buffer area by the USFWS is required prior to grading plan approval. All sediment removal/swale maintenance will be accomplished manually, not using motorized equipment that requires placement in the buffer or wetlands. The citywide pedestrian trail, with a non-paved but permeable surface, will be placed in the northern portion of the buffer between the building and detention basin. An exterior lighting plan, including parking areas, shall be submitted for Planning Director approval prior to building permit issuance. All lighting shall be designed to reflect downward and avoid any impacts to adjacent habitat areas and homes. The maximum height of all fixtures shall not exceed 30 feet. Noise The majority of the site is located within the 65 to 70 decibel Community Noise Equivalent Level (CNEL) noise contours identified in the Comprehensive Land Use Plan for Palomar Airport with an area on the northerly portion of the property being within the 70 to 75 CNEL noise contour. No development that would be affected by noise will be placed within the 70 to 75 CNEL area. Office buildings are listed on the airport Noise/Land Use Compatibility Matrix as a conditionally compatible in the 65 to 70 decibel CNEL noise level with the following mitigation measures: 1. The proposed office building shall be noise attenuated to an interior level of 50 decibels CNEL based on an acoustical study submitted along with the building plans. Concurrent with the submittal of building plans, the applicant shall submit an acoustical study documenting what construction materials or measures must be utilized to meet required interior noise levels. A letter signed by the acoustical engineer and the project architect which contains the architects registration stamp 14 Rev. 03128196 2. and certifies that the recommendations of the acoustical study have been incorporated into the building plans shall be submitted to the Planning Director prior to building permit issuance. Prior to the issuance of building permits, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the existing Palomar Airport Road Transportation Corridor, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #l on file in the Planning Department). 3. Prior to the issuance of building permits, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). 4. Prior to issuance of building permits, the Developer shall record an Avigation Easement for the property to the County of San Diego and file a copy of the recorded document with the Planning Director. III. 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. 2. 3. 4. 5. 6. Final Master Environmental Impact Renort for the City of Carlsbad General Plan Update (MEIR 93-Ol), dated March 1994, City of Carlsbad Planning Department. Geotechnical Investigation, Pacifica Carlsbad, California, Geocon Incorporated, February 7,200l. Preliminarv Drainage Studv for Pacifica Carlsbad, Carlsbad, California, Shapouri and Associates, dated April 2001. Transportation Analysis for Pacifica Palomar, Urban Systems Associates, Inc., dated April 13,200l. Biological Conditions and Constraints at the Pacific Entermises Site, Helix Environmental Planning, Inc. dated March 13,200l Cultural Resources Survey Report for the Pacifica Carlsbad Prone&v, Carlsbad, California, Gallegos & Associates, dated April 2000 15 Rev. 03/28/96 LIST OF MITIGATING MEASURES 1) 2) 3) 4) 5) 6) 7) 8) Prior to commencing grading, the project applicant shall consult with the United States Fish and Wildlife service (USFWS), if the project grading activities are expected to extend beyond the beginning of the least Bell’s vireo 2002 breading season, to determine if additional least Bell’s vireo surveys or mitigation would be necessary. If the project grading were completed prior to April 1, 2002, no additional least Bell’s vireo surveys or mitigation would be recommended. Prior to grading plan approval, areas of the site to be preserved in their existing condition shall be clearly demarcated on the grading plans to the satisfaction of the Planning Director and Public Works Director. A habitat protection fence detail approved by the Planning Director and Public Works Director shall be included on the grading plan along with the location for its installation. These areas shall be fenced in the field by a qualified biologist who shall also submit to the Planning Director a letter attesting to the accuracy of the fencing location prior to the issuance of the grading permit. To minimize indirect impacts to the Encinas Creek, the proposed 50-foot setback shall be revegetated using native upland plant species. This shall be included in the final landscape plans for the project that must be approved prior to the approval of a grading plan. Review and approval of the landscape plans for the buffer area by the USFWS is required prior to grading plan approval. An exterior lighting plan, including parking areas, shall be submitted for Planning Director approval prior to building permit issuance. All lighting shall be designed to reflect downward and avoid any impacts to adjacent habitat areas and homes. The maximum height of all fixtures shall not exceed 30 feet. The proposed office building shall be noise attenuated to an interior level of 50 decibels CNEL based on an acoustical study submitted along with the building plans. Concurrent with the submittal of building plans, the applicant shall submit an acoustical study documenting what construction materials or measures must be utilized to meet required interior noise levels. A letter signed by the acoustical engineer and the project architect which contains the architects registration stamp and certifies that the recommendations of the acoustical study have been incorporated into the building plans shall be submitted to the Planning Director prior to building permit issuance. Prior to the issuance of building permits, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the existing Palomar Airport Road Transportation Corridor, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #l on file in the Planning Department). Prior to the issuance of building permits, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). Prior to issuance of building permits, the Developer shall record an Avigation Easement for the property to the County of San Diego and tile a copy of the recorded document with the Planning Director. 16 Rev. 03128196 ATTACH MITIGATION MONITORING PROGRAM See attached 17 Rev. 03/28/96 APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASUREiS AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date / / 18 Rev. 03128196 ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION FOR GPA Ol- 05 - PACIFICA PALOMAR OFFICE BUILDING A MEIR may not be used to review projects if it was certified more than five years prior to the filing 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. ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 1 of 1 E e E ii !J .- P E+j8 CO= oisz! ‘g u 0 3 3 e iti m P ‘C 0 .E s E $ 0 B 2 B t aiP ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 1 of 1 ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 1 of 1