Loading...
HomeMy WebLinkAbout2009-04-15; Planning Commission; Resolution 65491 PLANNING COMMISSION RESOLUTION NO. 6549 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION 4 AND MITIGATION MONITORING AND REPORTING PROGRAM TO REMODEL THE EXISTING VACANT HADLEY'S COMMERCIAL BUILDING INTO A 21,281 6 SQUARE FOOT COMBINATION ONE-AND-TWO STORY MULTI-USE COMMERCIAL BUILDING THAT WILL 7 INCLUDE A RESTAURANT, MUSEUM AND MEETING ROOMS ON PROPERTY GENERALLY LOCATED ON THE 8 WEST SIDE OF PASEO DEL NORTE AND SOUTH OF 9 PALOMAR AIRPORT ROAD, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND 10 LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: GREEN DRAGON COLONIAL VILLAGE H CASE NO.: CUP 08-08/CDP 08-13 12 WHEREAS, Bruce Bartlett, "Developer/Owner," has filed a verified application 13 with the City of Carlsbad regarding property described as 14 Parcel 1 of Parcel Map No. 6022, in the City of Carlsbad, 1 •* County of San Diego, State of California, filed in the Office of 16 the County Recorder of San Diego County, June 8,1977 as File No. 77-224223 (APN 211-040-21), and 17 That portion of Lot "H" of Rancho Agua Hedionda, in the City 18 of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896 20 (APN 211-050-04), and 21 The southerly 120.00 feet (measured along the easterly line thereof) of that portion of Lot "H" of Rancho Agua Hedionda, 22 in the County of San Diego, State of California, according to map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16,1896 (APN 211-050-16) 24 ("the Property"); and 25 WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and 26 27 Reporting Program was prepared in conjunction with said project; and 28 WHEREAS, the Planning Commission did on April 15, 2009, 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 2 and arguments, examining the initial study, analyzing the information submitted by staff, and 3 considering any written comments received, the Planning Commission considered all factors4 _ relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 5 Program. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning o Commission as follows: 9 A) That the foregoing recitations are true and correct. 10 B) That based on the evidence presented at the public hearing, the Planning 11 Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Exhibit "MND," according to Exhibits "Notice of Intent (NOI)," and "Environmental 13 Impact Assessment Form - Initial Study (EIA)," attached hereto and made a part hereof, based on the following findings: 14 Findings: 15 , fi 1. The Planning Commission of the City of Carlsbad does hereby find: 17 a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the GREEN 18 DRAGON COLONIAL VILLAGE - CUP 08-08/CDP 08-13, the environmental impacts therein identified for this project and any comments 19 thereon prior to RECOMMENDING APPROVAL of the project; and 20 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 21 Program has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental 22 Protection Procedures of the City of Carlsbad; and 23 c. it reflects the independent judgment of the Planning Commission of the City of 24 Carlsbad; and 25 d. based on the EIA and comments thereon, the Planning Commission finds that there is no substantial evidence the project will have a significant effect on the 2" environment. 27 28 PC RESO NO. 6549 -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 Conditions: 1. Developer shall implement, or cause the implementation of, the GREEN DRAGON COLONIAL VILLAGE - CUP 08-08/CDP 08-13 Project Mitigation Monitoring and Reporting Program. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on April 15, 2009, by the following vote, to wit: AYES: NOES: Commissioners Baker, Boddy, Cardosa, Douglas, Whitton, and Chairperson Montgomery ABSENT: Commissioner Dominguez ABSTAIN: J. MONTGOMERY, CARLSBAD PLANNING COMMl ATTEST: DON NEU Planning Director PC RESO NO. 6549 -3- ^^ ~^r City of Carlsbad Planning Department NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION CASE NAME: CASE NO: PROJECT LOCATION: Green Dragon Colonial Village CUP08-08/CDP08-13 6115 Paseo Del Norte, Carlsbad. CA PROJECT DESCRIPTION: Conditional Use Permit (CUP) and Coastal Development Permit (CDP) to remodel the existing vacant Hadley's commercial building into a 21,281 square foot combination one-and-two story multi-use commercial building that will include a restaurant with tavern, meeting rooms, and museum of U.S. History. PROPOSED DETERMINATION: 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 (CEQA) 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 will be recommended for adoption by the City of Carlsbad City Council. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Pursuant to Section 15204 of the CEQA Guidelines, in reviewing Mitigated Negative Declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant effect, they should: (1) identify the specific effect; (2) explain why they believe the effect would occur; and (3) explain why they believe the effect would be significant. Please submit comments in writing to the Planning Department within 20 days of the date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Jason Goff in the Planning Department at (760) 602-4643. PUBLIC REVIEW PERIOD: February 27. 2009 PUBLISH DATE February 27. 2009 March 19. 2009 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us MITIGATED NEGATIVE DECLARATION CASE NAME: Green Dragon Colonial Village CASE NO: CUP Q8-08/CDP 08-13 PROJECT LOCATION: 6115 Paseo Del Norte, Carlsbad. CA PROJECT DESCRIPTION: Conditional Use Permit (CUP) and Coastal Development Permit (CDP) to remodel the existing vacant Hadley's commercial building into a 21,281 square foot combination one-and- two story multi-use commercial building that will include a restaurant with tavern, meeting rooms, and museum of U.S. History. DETERMINATION: 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, and the City of Carlsbad finds as follows: [X] 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 the attached sheet have been added to the project. I | The proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 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. (Mitigated Negative Declaration applies only to the effects that remained to be addressed). I | 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 ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED: [CLICK HERE date] pursuant to [CLICK HERE Administrative Approval. PC/CC Resolution No., or CC Ordinance No.1 ATTEST: DON NEU Planning Director ENVIRONMENTAL IMPACT ASSESSMENT FORM - INITIAL STUDY (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: CUP 08-08/CDP 08-13 DATE: February 19.2009 BACKGROUND 1. CASE NAME: Green Dragon Colonial Village 2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad 3. CONTACT PERSON AND PHONE NUMBER: Jason Goff - (760) 602-4643 4. PROJECT LOCATION: 6115 Paseo Del Norte 5. PROJECT SPONSOR'S NAME AND ADDRESS: Hofman Planning & Engineering. 3152 Lionshead Avenue. Carlsbad. CA 92010 - (760) 692-4022 6. GENERAL PLAN DESIGNATION: Travel/Recreation Commercial (T-R) 7. ZONING: Commercial Tourist w/ Qualified Development Overlay (C-T-Q) 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): N/A 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: A Conditional Use Permit (CUP) and Coastal Development Permit (CDP) to remodel the existing vacant Hadley's commercial building into a 21,281 square foot combination one-and-two story multi-use commercial building that will include a restaurant with tavern, meeting rooms, and museum of U.S. History. The 3.08-acre site is currently developed with a one-story commercial building of approximately 18,400 square feet, a parking lot, and associated landscaping. The existing site is to be re-graded and surfaced to accommodate 192 vehicle parking spaces, 2 bus parking spaces, and required landscaping and setbacks. The parcel is zoned C-T-Q (Commercial Tourist with a Qualified Development Overlay Zone). The current General Plan Land Use designation is T-R (Travel Recreation Commercial). No change is being proposed to either the General Plan or Zoning. The site is located within Local Facilities Management Plan (LFMP) Zone 3 in the southwest quadrant of the City of Carlsbad. Surrounding land uses include commercial uses to the north, a motel to the south, commercial/office uses to the east, and Interstate-5 to the west. CUP08-08/CDP08-13 Green Dragon Colonial Village 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. Aesthetics Agricultural Resources Air Quality Biological Resources Cultural Resources Geology/Soils Hazards/Hazardous Materials Hydrology/Water Quality Land Use and Planning Mineral Resources X Noise Population and Housing Public Services Recreation /\ Mandatory Findings of Significance /\ Transportation/Circulation Utilities & Service Systems Rev. 11/17/08 CUP08-08/CDP08-13 Green Dragon Colonial Village DETERMINATION. (To be completed by the Lead Agency) 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 "potentially significant impact(s)" on the environment, but at least one potentially significant impact 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 Negative Declaration 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 ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. Date I Planning Director's Signature Date Rev. 11/17/08 CUP08-08/CDP08-13 Green Dragon Colonial Village ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment (EIA) 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 significantly adverse, 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 significantly adverse. • Based on an "EIA-Initial Study", if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse 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. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse 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 adverse effect on the environment. • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse 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. Rev. 11/17/08 CUP08-08/CDP08-13 Green Dragon Colonial Village • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse 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 adverse impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Initial Study 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 after each related set of questions. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. Rev. 11/17/08 CUP08-08/CDP08-13 Green Dragon Colonial Village Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? a-d) No Impact. The project site is not identified as a scenic vista, nor are there any scenic resources present on this previously developed site. The site is developed with an existing commercial building and the proposed commercial uses will not substantially degrade the existing urbanizing visual character of the site. The remodeled building and site will not generate a significant new source of light since it is located within an existing illuminated parking lot. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact II. AGRICULTURAL RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? a-c) No Impact. The project site is presently developed with a commercial building, parking lot, and associated landscaping. Therefore, no impacts to agricultural lands or operations will occur. Rev. 11/17/08 CUP08-08/CDP08-13 Green Dragon Colonial Village III. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact e) Create objectionable odors affecting a substantial |~ number of people? a) No Impact. The project site is located in the San Diego Air Basin which is a state non-attainment area for ozone (O3) and for particulate matter less than or equal to 10 microns in diameter (PM,0). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A Plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9* through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Section 15125(B) of the State of California Environmental Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Rev. 11/17/08 CUP08-08/CDP08-13 Green Dragon Colonial Village Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: • Is a regional air quality plan being implemented in the project area? • Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The commercial project is consistent with the City's Travel/Recreation Commercial (T-R) General Plan designation and therefore is also consistent with the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. b) Less Than Significant Impact. The closest air quality monitoring station to the project site is at Camp Pendleton. Data available for this monitoring site from 2000 through December 2004, indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (a total of 10 days during the 5-year period). No other violations of any air quality standards have been recorded during the 5-year time period. The project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with travel to and from the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. c) Less Than Significant Impact. The air basin is currently in a state non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15130(a)(4), the proposed project's contribution to the cumulative impact is considered de minimus. Any impact is assessed as less than significant. d) No impact. As noted above, the proposed would not result in substantial pollutant emissions or concentrations. In addition, there are no sensitive receptors (e.g., schools or hospitals) located in the vicinity of the project. No impact is assessed. e) No Impact. The construction of the proposed project could generate fumes from the operation of construction equipment, which may be considered objectionable by some people. Such exposure would be short-term or transient. In addition, the number of people exposed to such transient impacts is not considered substantial. Rev. 11/17/08 CUP08-08/CDP08-13 Green Dragon Colonial Village IV. BIOLOGICAL RESOURCES - Would the project: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? a-f) No Impact. The project site is presently developed with a commercial building, parking lot, and associated landscaping. There are no species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service onsite or within the adjoining properties. There is no riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service onsite. There are no federally protected wetlands as defined by Section 404 of the Clean Water Act on the property. The property is an urban infill site and not known to be subject to the movement of any native resident or migratory fish or wildlife species or be within established native resident or migratory wildlife corridors or contain native wildlife nursery sites. Since the property is devoid of animal or plant species that could be considered as sensitive or protected, the development of the site will not conflict with the provisions of the City's adopted Habitat Management Plan (HMP). Rev. 11/17/08 CUP08-08/CDP08-13 Green Dragon Colonial Village Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the signifi- cance of an archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique pale ontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? a-d) No Impact. The project site is considered, urban infill and has been previously excavated and graded for the development of the existing 18,400 square foot Hadley's commercial building and associated site improvements. The proposed project does not propose any significant grading beyond that which currently exists. There are no known historical resources, archeological resources, paleontological resources, or human remains on-site. Therefore, no impact is assessed. D D El VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact El X X X X 10 Rev. 11/17/08 CUP08-08/CDP08-13 Green Dragon Colonial Village c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Section 1802.3.2 of the California Building Code (2007), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers- are not available for the disposal of wastewater? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact Kl D a(i-iv), c, d) No Impact. The project site is an urban infill site with existing development that includes an 18,400 square foot one-story building and parking lot. The proposed project is utilizing the existing building structure and foundation as a key part of the remodel. Grading of the site is minimal and will not affect the subsurface condition of the existing building pad. There are no Alquist-Priolo Earthquake Fault zones within the City of Carlsbad and there is no other evidence of active or potentially active faults within the City. There is no known evidence of Seismic-related ground failure, including liquefaction, landslides, or expansive soils existing onsite. However, the site is located in a seismically active area, as is the majority of Southern California. Active faults within a 62-mile radius of the site include the Rose Canyon, Coronado Bank, Elsinore-Julian, Newport-Englewood (offshore segment), Elsinore-Coyote Mountain, and Earthquake Valley. Although the site could be subjected to strong ground shaking in the event of an earthquake, this hazard is common in Southern California and standard design conformance with the California Building Code (CBC) will minimize this effects. Therefore, no impact is assessed. b) No Impact. The topography of this site is relatively flat. Regardless, the project's compliance with development standards found in the City's Excavation and Grading Ordinance, which prevent erosion through pad and slope planting and installation of temporary erosion control means, will avoid substantial soil erosion impacts on and off- site. Therefore, no impact is assessed. e) No Impact. The proposed project does not propose the use of septic tanks, but instead will utilize the public sewer system. There will be no impacts involving soils, which support the use of septic tanks or alternative wastewater disposal systems. Therefore, no impact is assessed. VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 11 Rev. 11/17/08 CUP08-08/CDP08-13 Green Dragon Colonial Village Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact El c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? a-h) No Impact. The project is a multi-use commercial building on a previously developed site. Other than common household hazardous materials like household cleaners, paint, and.glues, etc., there will not be a significant presence of hazardous materials. Therefore, the project will not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials; create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment; emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. The project site is not a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would not create a significant hazard to the public or environment. The project site is within the Airport Influence Area (AIA) of the McClellan Palomar Airport, but is not located within the Flight Activity Zone (FAZ) or Runway Protection Zone (RPZ) and therefore would not result in a safety hazard for people working at the proposed commercial use. The property is not within the close proximity of a private airstrip. The project will not impair the implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan, nor is the project located in an area that will expose people or structures to a significant risk of loss, injury or death involving wildland fires. Therefore, no impact is assessed. D El El El 12 Rev. 11/17/08 CUP08-08/CDP08-13 Green Dragon Colonial Village VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off- site? e) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? h) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D D D 13 Rev. 11/17/08 CUP08-08/CDP08-13 Green Dragon Colonial Village k) Increase erosion (sediment) into receiving surface waters. 1) Increase pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g. temperature, dissolved oxygen or turbidity? m) Change receiving water quality (marine, fresh or wetland waters) during or following construction? n) Increase any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? Potentially Significant Impact D Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact o) Increase impervious surfaces and associated runoff? p) Impact aquatic, wetland, or riparian habitat? q) Result in the exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? a) Less Than Significant Impact. Federal, State and local agencies have established goals and objectives for storm water quality in the region. The proposed project, prior to the start of construction, will comply with all Federal, State, and local permits including the Storm Water Management Plan (SWMP) required under the County of San Diego Watershed Protection, Storm Water Management, and Discharge Control Ordinance (WPO) (Section 67.871), the City of Carlsbad's Standard Urban Storm Water Management Plan (SUSMP), and the National Pollution Discharge Elimination System (NPDES) from the Regional Water Quality Control Board (RWQCB). The project will develop and implement specific erosion control and best management practices to protect downstream water quality. These plans will ensure that acceptable water quality standards will be maintained both during construction as well as post-development. b) No Impact. The project does not propose to directly draw any groundwater; instead it will be served via existing public water distribution lines within the public right-of-way adjacent to the site. Existing water lines will adequately serve the project's water demands. Therefore, no impact is assessed. c-d) No Impact. As indicated in the project's Preliminary Hydrology Report and Preliminary Storm Water Management Plan (SWMP) (IN: 081240-5, O'Day Consultants, Inc., December 2, 2008), the existing drainage patterns for the site will remain relatively the same. Runoff from the site will be directed into vegetated swales for storm water treatment before leaving the site, where it will enter the right-of-way of Interstate-5 through a concrete ditch as in the existing condition, and Paseo Del Norte via a proposed curb cut outlet. Therefore, no impact is assessed. e) No Impact. Estimated pre- and post-development flows for the 100 year storm were computed for the project site. The peak pre-development storm water runoff rate was computed at 15.5 cubic feet per second (CFS) and post -development at 15.2 CFS. The minor decrease will not substantially alter the existing drainage patterns of the site 14 Rev. 11/17/08 CUP 08-08/CDP 08-13 Green Dragon Colonial Village or area, or create or contribute runoff water, which would exceed the capacity of the existing storm water drainage system, nor does the project propose uses that cause a substantial, additional source of polluted runoff. Therefore, no impact is assessed. f) No Impact. The project will not substantially degrade the water quality as demonstrated in the project's Preliminary Hydrology Report and Preliminary SWMP. The project is proposing to incorporate structural treatment control BMPs and LID design features such as bio-retention swales, landscape medians, vegetated buffers, and filter inserts. In addition, construction of the proposed project improvements is required by law to comply with all Federal, State and local water quality regulations, including the Clean Water Act and associated NPDES regulations and any impacts associated with the project have been incorporated into the SWMP resulting in no impact. Therefore, no impact is assessed. g-j) No Impact. The project site is not located within the 100-year flood hazard area, and based on the distance (approximately 2,225 feet) between the site and large open bodies of water, as well as the elevation of the site with respect to sea level (approximately 75 feet above mean sea level), the possibility of seiche, tsunami, or mudflow is considered to be low. Therefore, no impact is assessed. k) No Impact. The construction phase of the project could result in increased erosion. However, as a result of the NPDES permit requirements associated with the proposed project, no significant increase in erosion (sediment) into receiving surface waters will result from the project. Standard construction water control methods will be implemented including a stabilized construction entrance; storm inlet protection; material delivery and storage specifications; concrete waste management specifications; and sanitary waste specifications. Standard conditions require compliance with NPDES sediment control requirements during the construction phase and implementation of the post construction BMPs for the project l-n) Less Than Significant Impact. The project will not increase pollutant discharge and will not substantially degrade the water quality as demonstrated in the project's Preliminary Hydrology Report and Preliminary SWMP. The Preliminary SWMP indicates that the project shall be designed to remove pollutants of concern through storm water conveyance systems to the maximum extent practicable (MEP), which will occur through the incorporation of treatment control BMPs and LID design features such as bio-retention swales, landscape medians, vegetated buffers and filter inserts. In addition, construction of the proposed project improvements is required by law to comply with all Federal, 'State and local water quality regulations, including the Clean Water Act and associated NPDES regulations. As proposed, the project will not result in an increase of pollutants into downstream waters, and no receiving water quality will be adversely affected. Post construction BMPs will further ensure that the project does not change the receiving water quality following construction activities. o) No Impact. The net increase in impervious, surface from the existing development is not significant. The associated changes in runoff flows discussed in paragraph "e" above are considered extremely minor. Therefore, no impact is assessed. p) No Impact. Runoff from the proposed project will not impact aquatic, wetland or riparian habitats, as none of these habitats exist onsite or in the vicinity of the site. q) No Impact. The project will not result in the exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial use. Please refer to the preceding responses. 15 Rev. 11/17/08 CUP08-08/CDP08-13 Green Dragon Colonial Village Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D IX. LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? a-c) No Impact. The project is proposing commercial development, which is consistent with the existing and surrounding land uses. The site does not physically divide an established community, nor does the project conflict with any existing or proposed land use plans or policies of the City of Carlsbad. The proposed restaurant with tavern, meeting rooms, and museum are appropriate land uses, which are consistent with the Local Coastal Program Land Use designation of Travel Service (T-S). The project is further consistent with the City of Carlsbad General Plan Land Use designation of Travel/Recreation Commercial (T-R), which designates areas for commercial uses that serve the travel and recreational needs of tourists, residents and employees of the business and industrial centers. The proposed restaurant with tavern, meeting rooms, and museum uses will serve the travel and recreational needs of tourists, residents and employees of the surrounding businesses and industrial centers. The proposed project does not conflict with any applicable habitat conservation plan or natural community conversation plan (see Biological Resources - Section IV above). Therefore, no impact is assessed. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D El X. MINERAL RESOURCES - Would the project: a) 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? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? a-b) No Impact. There is no indication that the subject property contains any known mineral resources that would be of future value to the region or the residents of the State. Therefore, no impact is assessed. 16 Rev. 11/17/08 XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? CUP08-08/CDP08-13 Green Dragon Colonial Village Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? a) Potentially Significant Unless Mitigation Incorporated. An Interior Noise Study (Green Dragon Tavern, Medlin & Associates, Inc., dated July 25, 2008) was prepared for the project to determine compatibility with the City of Carlsbad's Noise Guidelines Manual. The report identifies vehicle noise from Interstate-5 as the primary noise source within the vicinity of the project site. The highest traffic noise level impinging on the proposed building will subject persons on the exterior to noise levels reaching 75 dBA CNEL. As such, the design of the proposed building will need to provide a minimum noise reduction of 20 dBA CNEL in order to comply with the City's interior Leg(h) standard of 55 dBA CNEL. As the building stands today, noise levels within the building (currently an empty shell) are almost 30 dB lower than freeway noise levels. The report estimates that interior noise levels will fall to around 49 dBA CNEL or less in all noise-sensitive spaces with the proposed construction, which is within the Carlsbad limit of 55 dBA CNEL. While no special mitigation measures are required for this project, the report does list several steps to ensure that the building design maintains its noise insulation properties and that an interior noise Leg(h) standard of 55 dBA CNEL is achieved at final construction. Therefore, compliance with the recommendations outlined in the Medlin noise study will reduce impacts to a level of less than significant. b & d) Less Than Significant Impact. The anticipated grading operation associated with the proposed project will result in a temporary and minor increase in groundborne vibration and ambient noise levels. Following the conclusion of grading, ambient noise levels and vibrations are expected to return to pre-existing levels. c) No Impact. The project is located on an infill site with existing commercial development and surrounded by commercial uses and Interstate 5. The proposed project is not expected to increase the ambient noise levels in the vicinity above levels existing without the project. Therefore, no impact is assessed. 17 Rev. 11/17/08 CUP08-08/CDP08-I3 Green Dragon Colonial Village e-1) No Impact. The project site is located within the Airport Influence Area (AIA) as identified in the Airport Land Use Compatibility Plan (ALUCP) for the McClellan-Palomar Airport. The proposed uses fall into Land Use Category No. 8 of the ALUCP Noise/Land Use Compatibility Matrix (Commercial-Retail, Shopping Centers, Restaurants, and Movie Theaters). According to the ALUCP, the project site is located within the 60 CNEL noise contour. The types of uses proposed with this project are considered "compatible" according to the ALUCP with the aircraft noise exposure at the site. Therefore, no impact is assessed. XII. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D a-c) No Impact. The proposed project is located on an urban infill site surrounded by commercial uses. The area surrounding the proposed development is designated for Travel/Recreation Commercial (T-R) and Office & Related Commercial (O) General Plan land uses. The intensity of the proposed development is consistent with the surrounding land uses and is also consistent with the Travel/Recreation Commercial (T-R) General Plan Land Use designation for the site. The project is anticipated to capture the existing residential community along with servicing the needs of tourists visiting the area. The project will not induce substantial growth in the area, thereby necessitating the need for new housing, the extension of roads or other infrastructure; nor will it displace substantial numbers of people or existing housing, necessitating the construction of replacement housing elsewhere. Therefore, no impact is assessed. 18 Rev. 11/17/08 CUP08-08/CDP08-13 Green Dragon Colonial Village XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a.i.-a.v.) No Impact. The proposed project will not affect the provision and/or availability of public facilities (i.e., fire protection, police protection, schools, parks, etc.). The proposed project shall be subject to the conditions and facility service level requirements within the Local Facilities Management Plan for Zone 3, therefore no significant public service impacts will occur. Less Than Significant No Impact Impact XIV. RECREATION Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? a-b) No Impact. The proposed project is not considered a use that would increase the use of existing neighborhood and regional parks, nor does the project include recreational facilities or require the construction and/or expansion of recreational facilities, which might have an adverse physical effect on the environment. Therefore, no impact is assessed. 19 Rev. 11/17/08 CUP08-08/CDP08-13 Green Dragon Colonial Village XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in insufficient parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact n n a) Potentially Significant Unless Mitigation Incorporated. A Traffic Impact Analysis was prepared for the project by Urban Systems Associates, Inc., (Job No. 001208) dated February 12, 2009. According to the report, the project will generate 1,305 Average Daily Trips (ADT) (95 AM and 172 PM peak hour trips). A majority of this traffic will utilize Palomar Airport Road (PAR) and Paseo Del Norte (PDN) to access the proposed project. At the build-out Year 2030 volumes, the project's peak hour traffic will contribute to a Level of Service (LOS) E at the intersection of PAR and PDN, which is higher than the City's requirement of LOS D or better. In order to mitigate for this potential impact, a dedicated right-turn lane needs to be constructed from eastbound PAR to southbound PDN. The project will be required to pay a proportional fair share contribution towards the construction of the right-turn lane. A mitigation measure to this affect has been added to the project, thus reducing project related impacts to a less than significant level. b) Less Than Significant Impact. SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and one highway segment in Carlsbad as part of the regional circulation system. The existing LOS on these designated roads and highway in Carlsbad is: Rancho Santa Fe Road El Camino Real Palomar Airport Road SR78 LOS "A-D" "A-D" "A-D" 20 Rev. 11/17/08 CUP 08-08/CDP 08-13 Green Dragon Colonial Village The Congestion Management Program's (CMP) acceptable Level of Service (LOS) standard is "E", or LOS "F" if that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS "F" in 1990). Accordingly, all designated roads and highway 78 is currently operating at or better than the acceptable standard LOS. Achievement of the CMP acceptable Level of Service (LOS) "E" standard assumes implementation of the adopted CMP strategies. Based on the design capacity(ies) of the designated roads and highway and implementation of the CMP strategies, they will function at acceptable level(s) of service in the short-term and at build-out. c) No Impact. The proposed project does not include any aviation components. The project is consistent with the Airport Land Use Compatibility Plan (ALUCP) for McClellan-Palomar Airport. It would not, therefore, result in a change of air traffic patterns or result in substantial safety risks. Therefore, no impact is assessed. d) No Impact. All project circulation improvements will be designed and constructed to City standards; and, therefore, would not result in design hazards. The proposed project is consistent with the City's General Plan and Zoning. Therefore, it would not increase hazards due to an incompatible use. No impact assessed. e) No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. Therefore, no impact is assessed. f) No Impact. The proposed project is not requesting a parking variance. Additionally, the project would comply with the City's parking requirements to ensure an adequate parking supply. Therefore, no impact is assessed. g) No Impact. The project is served by the North County Transit District (NCTD) and bus stops are located along Paseo Del Norte in close proximity to the project site. Therefore, no impact is assessed. XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D e) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? f) Comply with federal, state, and local statutes and regulations related to solid waste? 21 Rev. 11/17/08 CUP08-08/CDP08-13 Green Dragon Colonial Village a-g) No Impact. The proposed project will be required to comply with all Regional Water Quality Control Board Requirements. In addition, the Zone 3 LFMP anticipated that the project site would be developed with travel/recreation commercial uses and therefore wastewater treatment facilities were planned and designed to accommodate this future use. All public facilities, including water facilities, wastewater treatment facilities and drainage facilities, have been planned and designed to accommodate the growth projections for the City at build-out. The project does not result in development that will require expansion or construction of new water facilities/supplies, wastewater treatment or storm water drainage facilities. Therefore, no impact is assessed. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact XVII. 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? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumula- tively 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?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? a) No Impact. The proposed project will not degrade the quality of the environment. The project site is considered an infill site surrounded by urban development and Interstate-5; it does not contain any fish or wildlife species; is not identified by any habitat conservation plan as containing a protected, rare or endangered plant or animal species; and does not contain any known historical, archeological, or paleontological resources. Therefore, the project will not reduce the habitat of a fish or wildlife species; will not threaten to eliminate or reduce the number of endangered plant and animal species; and will not result in the elimination of any important examples of California history or prehistory. b) Potentially Significant Unless Mitigation Incorporated. The San Diego Association of Governments (SANDAG) projects regional growth for the greater San Diego area, and local General Plan Land Use policies are incorporated into SANDAG projections. Based upon those projections, region-wide standards, including storm water quality control, air quality standards, habitat conservation, congestion management standards, etc., are established to reduce the cumulative impacts of development in the region. All of the City's development standards and regulations are consistent with the region wide standards. The City's standards and regulations, including grading standards, water quality and drainage standards, traffic standards, habitat and cultural resource protection regulations, and public facility standards, ensure that development within the City will not result in a significant cumulatively considerable impact. 22 Rev. 11/17/08 CUP08-08/CDP08-13 Green Dragon Colonial Village There are two regional issues that development within the City of Carlsbad has the potential to have a cumulatively considerable impact on. Those issues are air quality and regional circulation. As described above, the project would contribute to a cumulatively considerable potential net increase in emissions throughout the air basin. However, the air quality would be essentially the same whether or not the development is implemented. The County Congestion Management Agency (CMA) has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the regional circulation system. The CMA had determined, based on the City's growth projections in the General Plan, that these designated roadways will function at acceptable levels of service in the short-term and at build-out. The project is consistent with the City's growth projections, and therefore, the cumulative impacts from the project to the regional circulation system are less than significant. With regard to any other potential impacts associated with the project, City standards and regulations will ensure that development of the site will not result in any significant cumulatively considerable impacts. Cumulative impacts related to increased vehicle traffic through the Palomar Airport Road and Paseo Del Norte intersection area are considered to be cumulatively significant and mitigation is proposed in the form of monetary contributions for roadway improvements which will reduce the impacts to a level of insignificance. c) Less than Significant Impact. Based upon the fact that future development of the site will comply with all City standards, the project will not result in any direct or indirect substantial adverse environmental effects on human beings. However, the project site is located in an area where human beings are exposed to significant levels of noise generated by traffic on the surrounding streets. As discussed above, any potential impacts from noise can be mitigated to a level less than significant. Those mitigation measures will be incorporated as conditions of project approval. Development of the site and structures will be required to comply with all applicable Federal, State, Regional and City regulations, which will ensure that development of the site will not result in adverse impacts on human beings, either directly or indirectly. XVIII. 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. 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. 23 Rev. 11/17/08 CUP08-08/CDP08-13 Green Dragon Colonial Village EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES 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. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01). City of Carlsbad Planning Department. March 1994. 2. Carlsbad General Plan, City of Carlsbad Planning Department, dated March 1994. 3. City of Carlsbad Municipal Code, Title 21 Zoning, City of Carlsbad Planning Department, as updated. 4. Habitat Management Plan for Natural Communities in the City of Carlsbad, City of Carlsbad Planning Department, final approval dated November 2004. 5. Interior Noise Study Green Dragon Tavern, Medlin & Associates, Inc., July 25, 2008. 6. Preliminary Storm Water Management Plan (JN: 081240-5), O'Day Consultants, Inc., December 2, 2008. 7. Preliminary Hydrology Report (JN: 081240-5), O'Day Consultants, Inc., December 2, 2008. 8. The Green Dragon Tavern Traffic Impact Analysis (Job No. 001208), Urban Systems Associates, Inc., February 12, 2009. 24 Rev. 12/13/07 CUP08-08/CDP08-13 Green Dragon Colonial Village LIST OF MITIGATING MEASURES (IF APPLICABLE) 1. The project design shall incorporate the recommendations contained within the Medlin & Associates Interior Noise Study dated July 25, 2008. 2. Prior to Building Permit issuance, the developer shall pay a proportional fair share contribution towards the construction of a dedicated right-turn lane from eastbound Palomar Airport Road to southbound Paseo del Norte. The fair share contribution shall be determined based on Caltrans methodology to the satisfaction of the City Engineer. If construction of the right-turn lane is incorporated into the city's Traffic Impact Fee (TIP) program, the payment of the TIP will satisfy this condition. 25 Rev. 12/13/07 CUP08-08/CDP08-13 Green Dragon Colonial Village 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 26 Rev. 12/13/07 **- *- 4— 03 D. u> "co.0)*•+-• 'p 00 ^COo Q-Q O CO0 COo CL O ^_ O"*~* L_0•o '| •§> -i-» •£ TO O Q. < •s CO w ££ C LU ~ -) 0z o UJ ^ L"" ^ 0 D = ^"co 'c0oO co DCO Q 0 6 LU ~ "coL.: 0Q.t_ OOc 0 w L!3<nOJ0 E ATE: February 19, 2009environmental mitigationROJECT NAPPROVAL Dhe following0. < 1- CO.c *-* (A 5 8 TDC 0 wCO § "coro E 0CO0 l_ H- .« ^coQJ o QJ (/J c T3 ^ OO < 8c CO 5 LI .— •5 "0 ronmental impacts to a le\entified envii!2 «^^ .0 E0tn < Q "5 co 2 ^ •^0 E0i_ ? D) .£ 0 0 E co jb ^_w (4H 5 T3 - (i)*-*C 0 0 Q. CO ^.4— ' > T30 measure has been compicF •Y—coO CN C lie Resources Code SectioC J3 O 3••st CTO Ai CO ^CO (0 == J— 'CO CO 0)Cd .2 ~O CO 0 f~^(E 0 1 §"o. E c •• 'o „,;.. V)C c $ CO °Q- W D)"cC 0 ^ CIO -»-j 'E CD 0 0rr 5Q oic- 1 | o *~" •^Mitigation MeasureO)c cc.CD Q. o.*-• o tX </Jco'•i•oc§P Ioo£ <u•s (D E0e-oo_g "w-Con & S•o 1's1 a. <L> H -' •| 14_ h.o 0 Q) °- 5 12</> '5.w ^ .^ •asc/o <UC/3 '5Z _o *t*(L>contained within the Medlin & Associates Intdated July 25, 2008. .O)c•c00c c LU o L_oi cd >> DH £22« 53 & £u•a U£ <u"o 1V5t/1 •*-» <L>D- OJ) is "5CQ o _o cu (N H—O §CD 10 C3 o_ 7 -*-» ~ W5COU 1 CL O)c2*^ Xi o T3 O_j ^tQ & < fe proportional fair share contribution towards thededicated right-turn lane from eastbound PalomQ> ^> ^^13t~i Q •J3 ^'£southbound Paseo del Norte. The fair share coi«o co '^^ ,cd t/3 '^ (D•£determined based on Caltrans methodology toin<<M Q>C03 C 3 ic the City Engineer. If construction of the :QJ*£3 *^Hc3 w)o 0. ST P incorporated into the city's Traffic Impact Fee 1payment of the TIP will satisfy this condition."P" 51,