HomeMy WebLinkAbout2011-07-06; Planning Commission; Resolution 6783WHEREAS, the boundary adjustment for the annexation of 0.696 acre to the City
2
of Carlsbad and detachment of 1.746 acres to the City of San Marcos affects property legally
3
described in Exhibit "A" to Planning Commission Resolution 6786; said resolution is4
<- incorporated herein by reference; and
6 WHEREAS, a Final Negative Declaration, ND 10-807(ND), adequate to address
7 the actions to be taken by the City of Carlsbad, was prepared and approved by the City of San
8 Marcos City Council on April 12, 20011 (San Marcos City Council Resolution 2011-7473 and
9 Ordinance 2011-1346); and
10
WHEREAS, the Planning Commission did on July 6, 2011, hold a duly noticed
11
public hearing as prescribed by law to consider said request; and
13 WHEREAS, at said public hearing, upon hearing and considering all testimony
14 and arguments, examining the initial study, analyzing the information submitted by staff, and
15 considering any written comments received, the Planning Commission considered all factors
relating to the ND.
17
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
18
Commission as follows:
20 A) That the foregoing recitations are true and correct.
21 B) That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS THE FINDING THAT THE ND
22 PREPARED AND APPROVED BY THE CITY OF SAN MARCOS,
ATTACHED HERETO AND MADE A PART HEREOF, IS ADEQUATE
FOR THE RSF BOUNDARY ADJUSTMENT - GPA 11-03/ZC 11-02/ANX
24 11-02/DTCH 11-01 based on the following findings and condition:
25 Findings;
2" 1. The Planning Commission of the City of Carlsbad does hereby find:
a. it-has reviewed, analyzed, and considered the ND prepared and approved by the City
28 of San Marcos for RSF BOUNDARY ADJUSTMENT - GPA 11-03/ZC 11-
02/ANX 11-02/DTCH 11-01 and the environmental impacts therein identified for
PC RESO NO. 6783 -2-
this project and any comments thereon prior to RECOMMENDING APPROVAL
2 of the project; and
3 b. the ND 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. its decision regarding the adequacy of the ND reflects the independent judgment of
6 the Planning Commission of the City of Carlsbad; and
7 d. based on the EIA and comments thereon, there is no substantial evidence the project
will have a significant effect on the environment.
o
Condition:
10 1. This approval is granted subject to the finding by the City Council that the ND prepared
and approved by the City of San Marcos (ND 10-807) is adequate as described in this
Planning Commission Resolution, and the approval of GPA 11-03, ZC 11-02 and ANX
11-02/DTCH 11-01 and is subject to all conditions contained in Planning Commission
Resolutions No. 6784, 6785 and 6786 for those other approvals incorporated herein by
13 reference.
14 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
15 Commission of the City of Carlsbad, California, held on July 6, 2011, by the following vote, to
16 wit:
17
AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard,
18 Schumacher, Scully and Siekmann
19 NOES:
20 ABSENT:
21
ABSTAIN:
22"
23
24 STEPHEN^HXP" L'HEUREUX, Chairperson
CARLSBAD PLANNING COMMISSION
25 "
26 ATTEST:
27
28 DON NEU
Planning Director
PCRESONO. 6783 -3-
1 Civic Center Drive Hf ^B^M^ta,^^^BIT Telephone
San Marcos, CA 92069-2918 I ^HK^^T ll^^R^H 1 760.744.1050
FAX: 760.591.4135
NOTICE OF INTENT
TO ADOPT A MITIGATED NEGATIVE DECLARATION (Revised)
The City of San Marcos intends to adopt ND 10-807. A Negative Declaration* has been prepared for this
project and is available for review at the City of San Marcos, Development Services Department, 1 Civic
Center Drive, San Marcos, CA 92069-2949.
CASE NO.: PZ 10-20 / PZ 10-21 / PZ 10-22 / GPA 10-108A / GPA 10-108B / GPA 10-108C / ND 10-807
APPLICANT: City of San Marcos
DESCRIPTION OF THE PROJECT:
The proposed project consists of the following actions:
1. A General Plan Amendment to add .675 acres from the City of Carlsbad public road right-of-way to the City of
San Marcos public road right-of-way.
2. A General Plan Amendment in the City of San Marcos for 1.072 acres of right-of-way land in the City of
Carlsbad to a Light Industrial designation in the City of San Marcos.
3. A General Plan Amendment in the City of Carlsbad to add .696 acres of public right-of-way to the City of
Carlsbad from the City of San Marcos.
4. A Prezone of 1.072 acres from roadway right-of-way in the City of Carlsbad to Light Industrial (LM) in the City
of San Marcos.
5. A Prezone of .696 acres from the City of San Marcos right-of-way to the City of Carlsbad right-of-way.
6. A Prezone of 12.46 acres to Open Space designated as Rural Residential (.125-1 du/acre) and Light
Industrial in the City of San Marcos,
7. A vacation of 1.072 acres of public road right-of-way upon annexation to the City of San Marcos, and a
boundary adjustment of said area to existing adjacent parcel numbers: 223-030-62, 223-651-11, 223-030-95
and 223-030-46.
8. A 1.702 acre detachment from the jurisdictional boundary of the City of Carlsbad and annexation to the
jurisdictional boundary of the City of San Marcos.
9. A .696 acre detachment from the City of San Marcos jurisdictional boundary and annexation to the City of
Carlsbad jurisdictional boundary.
10. A 4.093 acre annexation to the City of San Marcos Fire Protection District.
11. A 12.66 acre annexation to the City of San Marcos from the County of San Diego.
12. A .675 acre City of San Marcos Sphere of Influence Amendment and annexation to the City of Carlsbad
Sphere of Influence.
13. A 1.702 acre Sphere of Influence Amendment from the City of Carlsbad and annexation to the City of San
Marcos Sphere of Influence.
14. A 1.346 detachment from County Service Area 83 - San Dieguito Local Parks
15. A 1.346 detachment from County Service Area 107 - Elfin Forest Fire Department
A majority of the project areas will not involve any physical change. Only Area 1 wiil result in the potential for
some minor alteration of already disturbed and/or paved project area to use as landscape or hardscape
(pavement, parking lot, etc.) as accessory to existing light industrial uses located adjacent to the project area
resulting from the vacation and boundary change in the City of San Marcos upon annexation of 1.027 acres to
four separate parcels. (Continued —>• OVER )
This Negative Declaration shall serve as environmental review to consider project impacts associated with the
proposed actions for all three project areas.
LOCATION: The project consists of three project areas located within the western and southwestern areas of the
City. The first area (Area 1) is an approximately 2.39 acre area of road right-of-way located along Rancho
Santa Fe Road (north of Melrose Drive to south of La Costa Meadows Drive) straddling the boundaries of the
cities of San Marcos and Carlsbad. The second area (Area 2) is an approximate 11.32 acre property of upland
habitat acquired by the City to provide mitigation for the Rancho Santa Fe Road improvements (La Costa
Meadows Drive to Island Drive) and remnant right-of-way resulting from the realignment of Rancho Santa Fe
Road located north of Area 1 on the east side of Rancho Santa Fe Road, north of Calte Venudo. The third area
(Area 3) is an approximate 1.35 acre area of area located north of the County Dip road alignment and including
the segment of San Elijo Road located in the County with City segments on each side located on north of San
Elijo Road between Old Creek Ranch Development, just east of Rancho Santa Fe Road and San Elijo Hills
Development whereupon San Elijo Road terminates at the eastern boundary.
REVIEW PERIOD: December 20, 2010 to January 10, 2011.
The purpose of this notice is to give interested persons an opportunity to be informed of the environmental
determination prior to action by the City. If you have questions about this Notice, you may contact Susan Vandrew
Rodriguez, Associate Planner, at 744-1050, extension 3237 or svandrew@san-marcos.net.
COUNTY CLERK: Please post until January 10, 2011 per Section 21092.3 of the Public Resources Code.
*Negative Declaration means a written statement/analysis briefly describing the reasons why a proposed project will not
have a significant effect on the environment.
PROPOSED PROJECT
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Final Negative Declaration 10-807
Response to Comments and Errata
Prepared by Susan Vandrew Rodriguez
1/26/2011
INTRODUCTION TO THE FINAL MND
1. Final MND Contents
The Final Mitigated Negative Declaration (MND) for the proposed Rancho Santa Fe
Road (Project Area 1 and 2) and San Elijo Road (Project Area 3) Property Reorganization
complies with all criteria, standards, and procedures of the California Environmental
Quality Act (CEQA) of 1970 (California Public Resources Code, Section 21000 et seq.),
and the State CEQA Guidelines (California Code of Regulations, Section 15000 et seq.).
This document consists of the following sections:
Section A - Introduction to the Final MND: This section provides a description of the
Final MND contents and process.
Section B - Responses to Comments on the Draft MND: This section provides the
comment letters on the Draft MND that were received during and the 21-day public
review period, as well as the City of San Marcos's (City) responses to each comment.
Section C - Errata: This section documents specific changes to the Draft MND that are to
be considered part of the Final MND. This includes corrections to the information in the
Draft MND to reflect the responses to comments in Section B of this document, as well
as other corrections to the Draft MND, pursuant to Section 15088(c) of the CEQA
Guidelines. Additional information provided in the responses to comments on the Draft
MND is not reflected in the Errata to the Draft MND. Such additional information is part
of the Final MND or Conditions of Approval, however, and will be considered in the
decision-making process.
2. Overview of the MND Process
The 21-day public review period for the Draft MND extended from December 20, 2010
to January 10, 2011. The Draft MND was circulated to responsible and other agencies
having jurisdiction by law over the environment affected by the proposed project.
Simultaneously, notices of availability of the Draft MND were published in the local
newspaper and sent to property owners within a 500 foot radius of the three project area
sites. The Draft MND was available for review at the City of San Marcos City Hall at 1
Civic Center Drive, San Marcos, CA, 92069.
During and after the CEQA public review period, one (1) comment letter on the Draft
MND was received from Mary Chesus and Selma Castanedo dated December 29, 2010.
A copy of the letter, along with the City of San Marcos' written response is included in
Section B of this Final MND.
The Final MND includes the responses to comments received during the public review
period and Final MND Errata pages. The entire Final MND with response to comments
SECTION A
INTRODUCTION TO THE FINAL MND
(RTC) and Errata is available for review at the City of San Marcos City Hall at 1 Civic
Center Drive, San Marcos, CA, 92069. The City of San Marcos's City Council will
subsequently consider whether to certify the Final MND as complete and in compliance
with CEQA and must consider it in approving or denying the proposed project. If the
project is approved, a Notice of Determination (NOD) shall be filed with the County
Clerk's office. Public input is allowed at the City of San Marcos's Planning Commission
and City Council public hearing, respectively, for consideration and certification of the
Final MND. In the final review of the proposed project, environmental, economic and
social factors will be considered to determine the most appropriate course of action.
SECTIONS
RESPONSES TO PUBLIC COMMENTS
Comment 1
Comment 2
DEC 2 9'2010
CITY Of SAN MARCOS
P^NNINi BJVI1IONTo: City of San Marcos
From: Mary Chesus and Selma Castanedo
Subject: Lots in area 1, North of Via Alondra - West of Calle Venado — East of Rancho
Santa Fe Road and south of the San Marcos Gulf Course.
There are multiple partial lots (parcel No: 222-042-14,222-042-17, and 222-042-20) that
the City of San Marcos has planning to move the property from county ownership to city
ownership, and maintain as open area. At that time, the city would no longer pay taxes to
the county, but would still have the liability of maintaining the property.
The below picture notes the parcels discussed for consideration:
This proposal is for the purchase of this land, whereby the owner would have a lien on
the property, where 75% of the property would remain as open land for plant life. The
25% would be utilized for a home.
hi this way, the city would get the benefit of 75% open space, getting annual taxes from
the owner and the city would receive $50,000 for the value of the usable land, while
reducing its annual maintenance costs.
This would reduce the liability on the city, while creating a revenue stream for the city.
Thanks for any consideration.
Selma Castanedo and Mary Chesus
f27 «10
Response to Letter Received from Mary Chesus & Selma Castanedo for Annexation Project Area 1
Comment 1: The City is proposing to move Assessor Parcel Numbers 222-042-14, 222-042-17, and
222-042-20 from the County to City ownership.
Response 1: The City is proposing a change to the City jurisdictional boundary to include the parcels
listed above for Project Area 1. The project area parcels are owned by the City and no change to
property ownership is proposed.
Comment 2: A proposal to purchase parcel 222-042-14 for the purpose of constructing a home and
maintaining 75% as open space.
Response 2: Planning staff has determined that the 2.57 acres of the remainder property is not required
to meet a City open space obligation. On the 1.54 acre parcel (222-042-14), a non-inhabitable
structure was demolished in 2006. The Rural Residential General Plan density of .125-1 dwelling
units per acre would allow up to two single-family detached homes on the 2.57 acres. A Zoning
Ordinance and Subdivision Ordinance compliance analysis would be required to determine the
ultimate number of units that could be built on the 2.57 acres. The letter submitted by the Ms. Chesus
and Ms. Castanedo has been submitted to Real Property Services.
This said, the City the project recommendation includes the existing General Plan designation of Rural
Residential (.125-1 du/acre) to remain on 2.57 acres of this project area. The response to this letter
will be included in the Final Negative Declaration ND 10-807 and the Errata to the MND will reflect
the recommendation to retain 2.57 acres as Rural Residential and a Prezone of 2.57 acres as
Agricultural Residential (A-l) recommended for an Open Space designation and OS Zone in the draft
ND 10-807.
The modification will result in fewer acres proposed for a General Plan Amendment than previously
considered in ND 10-807 and no change in the determination of a less than significance land use
impacts would occur as a result of the reduction in the General Plan Amendment proposed in Area 1.
SECTION C
ERRATA
CITY OF SAN MARCOS
NEGATIVE DECLARATION 10-807
| DATE: December 15. 2010Januarv 26. 2011
APPLICANT: City of San Marcos Planning Division
1. PROJECT CASE NUMBER PROPOSED PROJECT: PZ 10-20, PZ 10-21, PZ 10-22,
GPA 10-108A, GPA 10-108B and GPA 10-108C
2. LEAD AGENCY NAME AND ADDRESS: City of San Marcos, 1 Civic Center Drive, San Marcos,
CA 92069.
3. CONTACT PERSON AND PHONE NUMBER: Susan Varidrew Rodriguez, 760-744-1050 ext.
3237 or svandrew@san-marcos.net.
4. PROJECT LOCATION: The project consists of three project areas located within the western and
southwestern areas of the City. The first area (Area 1) is an approximate 11.324-acre City of San
Marcos owned property consisting of mitigation open space and vacant land comprising four parcels
located on the east side of Rancho Santa Fe Road at Via Allondra and south of Via Allondra. The
second area (Area 2) is an approximately 2.39 acre area of road right-of-way located along Rancho
Santa Fe Road (north of Melrose Drive to south of La Costa Meadows Drive), straddling the City
boundaries of San Marcos and Carlsbad. The third area (Area 3) is an approximate 4-7353.92 acre area
located north of the San Elijo Road realignment, and including the segment of San Elijo Road
located in the County. This roadway segment is between City segments on each side and located
north of San Elijo Road between Old Creek Ranch Development, just east of Rancho Santa Fe Road,
and San Elijo Hills Development whereupon Son Elijo Road terminates at the eastern boundary. All
three project areas are identified on Exhibit A -Proposed Project Areas.
5. PROJECT SPONSOR'S NAME AND ADDRESS: City of San Marcos Planning Division, City of
San Marcos, 1 Civic Center Drive, San Marcos, CA 92069-2918.
6. GENERAL PLAN DESIGNATION:
Areas 1: Rural Residential (.125-1 du/acre) in San Marcos and Estate Residential (2,4 du/acre) in the
County of San Diego.
Area 2: Public road right-of-way in San Marcos, and Medium Density Residential and Medium-high
Density Residential in Carlsbad.
Area 3: SPA (.125-1 du/acre) and Light Industrial in San Marcos and Residential/Estate Residential (2,
4 du/acre) in the County of San Diego.
7. ZONING:
Area 1: RS 1 (Residential) and RR 2 (Rural Residential) in the County of San Diego (no zoning in San
Marcos, prezone proposed).
Area 2: Public road right-of-way, Agricultural Residential (A-l), and LM Light Industrial in San
Marcos, and Single-family (R-l) and Planned Community.(P-C) in Carlsbad.
Area 3: RR 2 (Rural Residential) and (Rural Residential) RR .5 in the County of San Diego (no zoning
in San Marcos, prezone proposed).
8. DESCRIPTION OF PROJECT:
BACKGROUND:
Area 1: In 1998 the City approved the realignment and widening of approximately 5,000 linear feet
of Rancho Santa Fe Road, including realignment of Calle Venado^ jind completed the construction in
2005. The realignment and widening of Rancho Santa Fe Road resulted in biological impacts for
which for which the City provided upland mitigation on 8.51 acres east of Rancho Santa Fe Road
and south of Via Allondra.the City provided some onsite upland mitigation on Rancho Santa Fe
Road at Via Allondra/Calle Venado, and a fourth parcel south of Via Allondra/Calle Venado. The
realignment also resulted in remaining land in the unincorporated County consisting of City of San
Marcos road right-of-way and vacant land now owned by the City adjacent to the new alignment of
ViaAllondra and Calle Venado. The purpose of the:'propo's^'pTOj'eetistO'Md'Ms''ar'iea''t6'''the'City''
of San Marcos, as 8.51 acres of this area is to remain as biological mitigation open space and 2.57
acres is to remain as Rural Residential (.125-1 du/acre) The Rural Residential General Plan density
of .125-1 dwelling units per acre would allow up to two single-family detached homes on the 2.57
acres.The purpose of proposed project is to include this area add this area to the City of San Marcos
as 8.51 acres of biological mitigation open space. 2.57 acres is to remain as Rural Residential (.125-1
du/acre)and and .24 acres is to be added to the City boundary as part of the Rancho Santa Fe Road
realignment areanow to remain as open space within the iurisdictional boundaries of the City of San
Marcos.. Area #12 is within the City of San Marcos Sphere of Influence.
Area 2: hi 2003, the Cities of San Marcos and Carlsbad entered into an agreement for the construction
of Rancho Santa Fe Road and adjustment to the common City boundary to four-lane major arterial
standards. As per the agreement, the City of San Marcos is to process with the Local Agency
Formation Commission the boundary changes between the two cities as that the road realignment cut
across, and then back over, the jurisdictional boundaries of both cities. The purpose of the proposed
project is to address each of the city's boundaries relative to the realigned road as agreed upon between
the two cities, and to allow for minimal use of any of the remnant land that resulted from the road
realignment which was not required for the road improvement.
Area 3: In 2006, the City of San Marcos realigned and widened 2,000 linear feet of an existing
portion of San Elijo Road between the Old Creek Ranch Development, just east of Rancho Santa Fe
Road and San Elijo Hills Development whereupon San Elijo Road terminates at the eastern
boundary. The widening and realignment bisected County property just south of the City limit
leaving a County area north of the new roadway alignment. New road right-of-way was acquired for
the roadway and dedicated as easements to the City of San Marcos within the County jurisdiction.
The new alignment is within the City of San Marcos jurisdictional boundary with exception of an
approximately 1,000 feet of roadway referred to as the "County Dip" located within the County
jurisdictional boundary. Five parcels remain in the County north of the new road alignment. The
boundary adjustment would modify the City boundary to the south of the new road alignment which
would therefore also annex the five open space parcels located north of the new alignment. The
purpose of the proposed project is to annex the realigned section of San Marcos public road right-of-
way within the County jurisdiction to the City to provide a cleaner jurisdictional boundary in the
area. Area #3 is located within the City of San Marcos Sphere of Influence.
The proposed project consists of the following actions:
1. A General Plan Amendment to add .675 acres to the City of San Marcos public road right-of-way
(previously City of Carlsbad public road right-of-way).
2. A General Plan Amendment to add 1.072 acres to a Light Industrial designation in the City of San
Marcos (previously public right-of-way in the City of Carlsbad)
3. A General Plan Amendment in the City of Carlsbad to add .696 acres of public right-of-way to the
City of Carlsbad (previously City of Carlsbad public right-of-way).
4. A General Plan Amendment to modify .971 acres from Light Industrial, 11.1 8.51 acres from Rural
Residential (.125-1 du/acre) and .375 acres from Hillside Residential (.25-.50) to Open Space (OS);
a change of 10.6 12.446 acres to Open Space (OS).
5. A Sphere of Influence Amendment, annexation, and Prezone of 1.072 acres from roadway right-of-
way in the City of Carlsbad to Light Industrial (LM) in the City of San Marcos.
6. A Sphere of Influence Amendment, annexation, and Prezone of .696 acres from the City of San
Marcos right-of-way to the City of Carlsbad right-of-way.
(j.> A vacation of 1.072 acres of public road right-of-way upon annexation to the City of San Marcos,
and a lot line adjustment of said area to existing adjacent parcel numbers 223-030-62, 223-651-11,
223-030-95 and 223-030-46.
8. A 1.70247 acre detachment from the jurisdictional boundary of the City of Carlsbad and annexation
to the jurisdictional boundary of the City of San Marcos.
9. A .696 acre detachment from the City of San Marcos jurisdictional boundary and annexation to the
City of Carlsbad jurisdictional boundary.
10. A 3.0485.618 acre annexation to the City of San Marcos Fire Protection District.
11. A .696 acre detachment from the City of San Marcos Fire Protection District.
12. A 15.25 12.416 acre annexation to the City of San Marcos from the County of San Diego.
13. A .696 acre City of San Marcos Sphere of Influence Amendment and annexation to the City of
Carlsbad Sphere of Influence.
14. A Prezone of 12.446 acres to SPA-Open Space OS (12.075 acres) and Open Space OS (.375 acres)
in the City of San Marcos.
15. A 1.3463.92 detachment from County Service Area 83 - San Dieguito Local Parks
16. A 3.92 J-^44-detachment from County Service Area 107 - Elfin Forest Fire Department
A majority of the project areas will not involve any physical change. A portion of Area 1 (2.57
acres') and Area 2 (1.027 acres) may result in future potential for some minor alteration of already
disturbed and/or paved project area to use as: 1) 1 to 2 low density single-family residences where a
demolished home had previously existed (Area 1) requiring applicable permits as well as Zoning
Ordinance and Subdivision Ordinance compliance to determine the ultimate unit number on Area 1:
and 2) landscape and/or hardscape (pavement, parking lot, etc.) as accessory to existing light
industrial uses located adjacent to the project area resulting from the vacation and boundary changes
in the City of San Marcos upon annexation of 1.027 acres to four separate parcels on Area 2. QeJy
Area 1 will result in the potential for some minor alteration of already disturbed and/or paved project
area to use as landscape or hardscape (pavement, parking lot, etc.) as accessory to existing light
industrial uses located adjacent to the project area resulting from the vacation. The boundary
changeo will be processed through the City of San Marcos upon annexation of 1.072 acres to four
separate parcels.
The parcels and acreages within the project area are included in Table 1—Project Area Acreages.
This Negative Declaration shall serve as environmental review to consider project impacts associated
with the proposed actions for all three project areas.
9. SURROUNDING LAND USES AND SETTING:
Area 1: This project area is located just east of Rancho Santa Fe Road and is surrounded by low
density residential to the south and east in the County, and medium residential to the north and west in
the County and City of San Marcos, respectively. A non-inhabitable single-family home previously
located on the 1.54 acre parcel (222-042-14) was demolished in 2006. This 1.54 acre parcel and the
other .96 acre remnant property (222-042-17 and 222-042-20^) have remained vacant since 2006. The
site is located in the Lake San Marcos Neighborhood of the San Marcos General Plan.
Area 2: This project area consists of a major arterial roadway located on the boundary of the cities of
San Marcos and Carlsbad. The surrounding area is developed as multi-family residential to the
northeast and an industrial park to the southeast in the City of San Marcos, and single-family residential
to the west in the City of Carlsbad. The site is located in the Questhaven/La Costa Community in the
San Marcos General Plan with a Rural Residential .125-1 du/acre designation.
Area 3: This project area includes a portion of the San Elijo Road, a four lane major aterial, and an
older paved section of Questhaven Road that serves to provide access to San Diego Gas & Electric, San
Elijo Hills and Center for Natural Lands Management properties. Vacant land designated as Hillside
Residential (.25-.50 du/acre) and San Elijo Hills is located to the west and Specific Plan Land Use
(.125-1 du/acre) is located to the north. A Light Industrial/Studio SPA is located to the east and a
closed County landfill to the southeast of the site. The site is located in the Questhaven/La Costa
Community in the San Marcos General Plan.
10. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (e.g. PERMITS,
FINANCING APPROVAL OR PARTICIPATION AGREEMENT): Approval by the City of
Carlsbad (Responsible Agency) City Council to recommend the City jurisdicfional boundary
adjustment and Sphere Amendment between the cities of San Marcos and Carlsbad and the Local
Agency Formation Commission (Responsible Agency) approval of all actions.
11. MITIGATION MEASURES: None.
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages:
n Aesthetics n Mineral Resources
n Agriculture Resources • Noise
a Air Quality n Population/Housing
n Biological Resources • Public Services
D Cultural Resources n Recreation
• Geology/Soils a Transportation/Traffic
• Hazards & Hazardous Materials n Utilities/Service Systems
• Hydrology/Water Quality a Mandatory Findings of Significance
• Land Use/Planning
DETERMINATION:
On the basis of this initial evaluation:
• I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
n 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 revisions in the project have been made by or
agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be
prepared.
n I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
a I find that the proposed project MAY have a "potentially significant impact" or "potentially
significant unless mitigated" impact, but at least one 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 ENVIRONMENTAL
IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
n I find that although the proposed project could have a significant effect on the environment, because
all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE
DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated
pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation
measures that are imposed upon the proposed project, nothing further is required.
December 15. 2010 January 26 .2011
Signature Date
Susan Vandrew Rodriguez Associate Planner
Printed Name Title
ENVIRONMENTAL CHECKLIST
^Potentially
Significant^
,- Impact
Potentially
Significant
_ - 0nless_* "
Mitigated
Less
Significant
Impact ;
No -
Impact,
I. AESTHETICS: Would the proposal:
a) Have a substantial adverse effect on a scenic view?
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
D
D a
A majority of the project areas will not involve any physical change. A portion of Area 1 (2.57 acres)
and Area 2 (1.027 acres) may result in future potential for some minor alteration of already disturbed
and/or paved project area to use as: 1) 1 to 2 low density single-family residences where a demolished
home had previously existed (Area 1) requiring applicable permits as well as Zoning Ordinance and
Subdivision Ordinance compliance to determine the ultimate unit number on Area 1: and 2) landscape
and/or hardscape (pavement, parking lot, etc.) as accessory to existing light industrial uses located
adjacent to the project area resulting from the vacation and boundary changes in the City of San Marcos
upon annexation of 1.027 acres to four separate parcels on Area 2.
A majority of the project areas will not involve any physical change.—Only Area 2 will result in the
potential for some minor alteration of already disturbed and/or paved project area to use as landscape or
hardscape/landscape as accessory to existing light industrial uses located adjacent to the project aroa
resulting from the vacation and boundary change in the City of San Marcos upon annexation of 1.027 acros
to five separate parcels. No significant impacts to the obstruction of any scenic vista, or view open to the
public are anticipated from the proposed project.
~ - "" ~ "• - - - -*,.,--
, ' _, -- r , _ „ ~, -" .-JPoteniUfy
• " ' ^ "; " - s -' -Significant '
' - " »-"-- _-_ ", j - Impact' "
L Potenbafly
Significant"
Unlesr,1" {
- MMgattd
less
-ITian^
Significant No
- Impact _ Impact~
II. AGRICULTURE AND FOREST RESOURCES - In determining whether impacts to
agricultural resources are significant environmental effects, lead agencies may refer to the California
Agricultural Land Evaluation andSite Assessment Model (1997) prepared by the California Dept. of
conservation as an optional model to use in assessing impacts on agriculture and farmland. In
determining whether impacts to forest resources, including timberland, are significant environmental
effects, lead agencies may refer to information compiled by the California Department of Forestry
and Fire Protection regarding the state's inventory of forest land, including the Forest and Range
Assessment Project and the Forest Legacy Assessment project; and Forest carbon measurement
methodology provided in Forest Protocols adopted by the California Air Resources Board. - 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? n a a •
b) Conflict with existing zoning for agricultural use,
or a Williamson Act contract ODD*
c) Conflict with existing zoning for, or cause rezoning of,
forest land (as defined in Public Resources Code section
12220(g)), timberland (as defined by Public Resources
Code section 4526), or timberland zoned Timberland
Production (as defined by Government Code section
51104(g))? a an •
d) Result in the loss of forest land or conversion or forest
land to non-forest use? n n n •
e) Involve other changes in the existing environment which,
due to their location or nature, could result in conversion
of Farmland, to non-agricultural use or conversion of
forest land to non-forest use? a a n •
The proposed project has not been used for agricultural purposes nor is the area designated as farmland or
agricultural land. Therefore, the proposed project will not impact agricultural resources.
' "' , ~ ~_ - ' , ~ " ' ,~ - • Potential^,. " less r ?
- r -.~~ " - - - " - Potentially " , Significant ^ Than
_ ~ - ~ " - '__ - -C~ - " •" Significant -' Untess_ -. Significant ^(o
-•^ ,. r .. _ ' ; -..'=' - Impact Mitigated Impact - Impact
HI. 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 proposal:
a) Conflict with or obstruct implementation of the
applicable air quality plan? an n
b) Violate any air quality standard or contribute
substantially to an existing or projected air
quality violation? n D n
c) Result in a cumulatively considerable net increase
of any criteria pollutant for which the project region
is non-attainment under an applicable federal or state
ambient air quality standard (including releasing
emissions which exceed quantitative thresholds for
ozone precursors)? n n a
8
d) Expose sensitive receptors to substantial pollutant
concentrations? n . n o •
e) Create objectionable odors affecting a substantial
number of people? n n D •
A majority of the project areas will not involve any physical change. Only Area 2 will result in the
potential for some minor alteration of already disturbed and/or paved project area to use as landscape or
hardscape as accessory to existing light industrial uses located adjacent to the project area resulting from
the vacation and boundary change in the City of San Marcos upon annexation of 1.027 acres to four
separate parcels. This minor activity is not determined to be growth inducing, and the proposed project is
not anticipated to generate an air quality impact.
""
IV.
a)
= ™ t ^ f r~> —
BIOLOGICAL RESOURCES:
Have a substantial adverse effect,
- - -- -. <. -— '- •*•- =• - — -- Potentially ' ~~ Less ' _*-" ~ ~ "
1 - ^ - Potentially - ^Significant , - Tfoia - ~-
, * _ " Significant ' 6n!ess Significant *Nb
' Impact -" , Mitigated , Intact „ , Impact
Would the project:
either directly
or through habitat modifications, on any species
identified as a candidate, sensitive or special
statue species in local or regional plans, policies,
or regulations or by the California Department of
Fish and Game or U.S. Fish and Wildlife Service. D n a
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations or by the California Department of
Fish and Game or US Fish and Wildlife Service? nan
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 pools, coastal, etc.)
through direct removal, filling, hydrological
interruption, or other means? nan
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? ODD
e) Conflict with any local policies or
ordinances protecting biological resources,
such as a tree preservation policy or ordinance? nan
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?D D D
A majority of the project areas will not involve any physical change. Only Area 2 will result in the
potential for some minor alteration of already disturbed and/or paved project area to use as landscape or
hardscape as accessory to existing light industrial uses located adjacent to the project area resulting from
the vacation and boundary change in the City of San Marcos upon annexation of 1.027 acres to four
separate parcels. The proposed project will prezone the parcels in Areas 2 and 3 to open space and the
existing open space on these parcels will remain as such. The proposed project is not anticipated to
generate a biological resource impact.
,1 „- f.\ _,Potentialiy
Eptentiajly - Significant
Significant - ilnles^ ,
Impact " - ~ Mitigated
-_. Less „ -_ ,.,
_Tl>an
-"Significant No '
'' Irnpact " Impact
V. CULTURAL RESOURCES: Would the proposal:
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
significance of an archaeological resource
pursuant to §15064.5?
c) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic features?
d) Disturb any human remains, including those
interred outside of formal cemeteries?
D a
A majority of the project areas will not involve any physical change. A portion of Area 1 (2.57 acres') and
Area 2 (1.027 acres) may result in future potential for some minor alteration of already disturbed and/or
paved project area to use as: 1) 1 to 2 low density single-family residences where a demolished home had
previously existed (Area 1) requiring applicable permits as well as Zoning Ordinance and Subdivision
Ordinance compliance to determine the ultimate unit number on Area 1; and 2) landscape and/or hardscape
(pavement, parking lot etc.) as accessory to existing light industrial uses located adjacent to the project area
resulting from the vacation and boundary changes in the City of San Marcos upon annexation of 1.027
acres to four separate parcels on Area 2A majority of the project areas will not involve any physical change.
Only Area 2 will result in the potential for some minor alteration of already disturbed and/or paved project
area to use as landscape or hardscape/parking as accessory to existing light industrial uses located adjacent
to the project area resulting from the vacation and boundary change in the City of San Marcos upon
annexation of 1.027 acres to four separate parcels. When the road projects were constructed in the project
areas, all cultural resources impacts associated with the road realignment areas were mitigated. The minor
hardscapc/landscape activities that could result in Area 2 Any new minor improvements in Areas 1 or 2
10
upon annexation of property to San Marcos will occur in already developed and disturbed areas previously
used for roadways and a single-family residence. Therefore the proposed project is not anticipated to
generate a cultural resource impact.
Potentially
Significant
Impact i
Potentially -
Significant
jUriless,
Mitigated", ';
-Less-,, -
Than
~ Significant No
Impact - Impact
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 recentAlquist-Priqlp 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. n
ii) Strong seismic ground shaking? n
iii) Seismic-related ground failure, including liquefaction? D
iv) Landslides? D
b) Result in substantial soil erosion or the loss of topsoil? n
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? n
d) Be located on expansive soil, as defined in Table 18-1-B
of the Uniform Building Code (1994), creating substantial
risks to life or property? n
e) Have soils incapable of adequately supporting the use
of septic tanks or alternative waste water disposal systems -
where sewers are not available for the disposal of waste
water? n
D
D
D
D
D
D
D
a
p
D
11
A majority of the project areas will not involve any physical change.—Only Area 2 will result in the
potential for some minor alteration of already disturbed and/or paved project area to use as landscape or
hardscape/parking as accessory to existing light industrial uses located adjacent to the project area resulting
from the vacation and boundary change in the City of San Marcos upon annexation of 1.027 acres to four
separate parcels.—When the road projects were constructed in the project areas, all cultural resources
impacts associated with the road realignment areas were mitigated.—The minor hardscape/landscape
activities that could result in Area 2 upon annexation of property to San Marcos will occur in already
developed and disturbed areas previously used for roadways. Any new minor improvements hardscape or
landscape installation that could result in Area 2 would be subject to compliance with the City Grading
Ordinance as a matter of course. This compliance will ensure that any new hardscape/landscape activity
that could result from proposed project would potentially result in a less than significant impact to soils and
geology.
••" -'-,-- Potentially Less, , _
* * ', - ~xi~s -_.,_„,» _ ,;~ -„-,„_ r.J\"Potentially ^ .., Significant ,_, _ Than -^ „ _
Significant Unless " Significant No
'' ~ - - ~ . - ~- Impact ' Mitigated '• Impact '- Impact"
VH. GREENHOUSE GAS EMISSIONS ~ Would the project:
a) Generate greenhouse gas emissions, either directly or
indirectly, that may have a significant impact on the
environment? . n n a •
b) Conflict with an applicable plan, policy or regulation
adopted for the purpose of reducing the emissions of
greenhouse gases? o n n •
A majority of the project areas will not involve any physical change. A portion of Area 1 (2.57 acres) and
Area 2 (1.027 acres) may result in future potential for some minor alteration of already disturbed and/or
paved project area to use as: 1) 1 to 2 low density single-family residences where a demolished home had
previously existed (Area 1) requiring applicable permits as well as Zoning Ordinance and Subdivision
Ordinance compliance to determine the ultimate unit number on Area 1: and 2) landscape and/or hardscape
(pavement parking lot, etc.) as accessory to existing light industrial uses located adjacent to the project area
resulting from the vacation and boundary changes in the City of San Marcos upon annexation of 1.027
acres to four separate parcels on Area 2A majority of the project areas will not involve any physical change.
Only Area 2 will result in the potential for some minor alteration of already disturbed and/or paved project
area to use as landscape or hardscape as accessory to existing light industrial uses located adjacent to the
project area resulting from the vacation and boundary change in the City of San Marcos upon annexation of
1.027 acres to four separate parcels. This minor activity is not determined to be growth inducing, and the
proposed project is not anticipated to generate a greenhouse gas emissions impact.
VIH.
a)
f ^ -_ ~__ s
HAZARDS AND HAZARDOUS MATERIALS:
Create a significant hazard to the public or the
„ Potentially -
• - Significant
', ' - Impact x ,
Would the project:
Potentially
Significant
Unless
Mitigated
„ Less
Titan
Significant
Impact
'No
Impact
environment through the routine transport, use of
Disposal of hazardous materials? D n
12
b) Create a significant hazard to the public or the
environment through reasonable foreseeable
upset and accident conditions involving the release
of hazardous materials into the environment? n n ma
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school? nan
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 aresult,
would it create a significant hazard to the public
or the environment? D
e) For a project located 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? D
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? ODD
g) Impair implementation of or physically interfere with
an adopted emergency response plan or emergency
evacuation plan? ODD
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? nan
13
A majority of the project areas will not involve any physical change. A portion of Area 1 (2.57 acres') and
Area 2 (1.027 acres) may result in future potential for some minor alteration of already disturbed and/or
paved project area to use as: 1) 1 to 2 low density single-family residences where a demolished home had
previously existed CArea 1) requiring applicable permits as well as Zoning Ordinance and Subdivision
Ordinance compliance to determine the ultimate unit number on Area 1; and 2) landscape and/or hardscape
rpavement. parking lot, etc.) as accessory to existing light industrial uses located adjacent to the project area
resulting from the vacation and boundary changes in the City of San Marcos upon annexation of 1.027
acres to four separate parcels on Area 2.A majority of the project areas will not involve any physical
change. Only Area 2 will result in the potential for some minor alteration of already disturbed and/or paved
project area to use as landscape or hardscape/parking as accessory to existing light industrial uses located
adjacent to the project area resulting- from the vacation and boundary change in the City of San Marcos
upon annexation of 1.027 acres to four separate parcels. When the road projects were constructed hi the
project areas, all cultural resources impacts associated with the road realignment areas were mitigated. 3316
Any minor hardscape/landscapeimprovements activities that could result hi Areas 1 or 2 upon annexation
of property to San Marcos will occur in already developed and disturbed areas previously used for
roadways or as a low density single family residence.
Any old road pavement removal and disposal and new hardscape/landscape installation that could result
from the project in Area 2 would be subject to compliance with all City and County Codes as a matter of
course. This compliance will ensure that any new hardscape/landscapeimprovements activity that could
result from the proposed project would potentially result in a less than significant impact to hazards and
hazardous materials.
~~~ ,~--,-7~
» - - ; '- -. "-.,---<"'"-..'
- _ , ' '"'"-" " "- - 1 ,' ."Significant
- /• ~ ~ ",. _ „ ' _ _ - u - - Mitigated
Potentially
Potentially
— Unless - -T
Impact
_les* " \" "
Significant Hon-
Significant Mo* '
Impact Impact
IX. HYDROLOGY AND WATER QUALITY . Would the
project:
a) Violate any water quality standards or waste
discharge requirements? . n o a
b) Have a potentially significant adverse impact on
groundwater quality or cause or contribute to an exceedance
of applicable groundwater receiving water quality
objectives or degradation of beneficial uses? n o a
c) Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there
would be a net deficit hi aquifer volume or a lowering of the
local groundwater table level (e.g., the production rate of
preexisting nearby wells would drop to a level which would
not support existing land uses or planned uses for which
permits have been granted)? ODD
14
d) 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 (e.g.
downstream)? n a a •
e) Create a significant adverse environmental impact to
drainage patterns due to changes in runoff flow rates or
volumes? n ana
f) 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 rate or amount
of surface runoff in a manner, which would result in
flooding on-or off-site? a a a •
g) Create or contribute runoff water which would exceed the
capacity of existing or planned storm water drainage a n a •
systems or provide substantial additional sources of polluted
runoff?
h) Result in increased impervious surfaces and associated
increased runoff? p D • a
i) Result in significant alteration of receiving water quality
during or following construction? . n n a •
j) Result in an increase in pollutant discharges to receiving
waters? Consider water quality parameters such as
temperature, dissolved oxygen, turbidity and other typical
storm water pollutants (e.g. heavy metals, pathogens,
petroleum derivatives, synthetic organics, sediment,
nutrients, oxygen-demanding substances, and trash). n a D •
k) Be tributary to an already unpaired water body as listed on
the Clean Water Act Section 303(d) list. If so, can it result
in an increase in any pollutant for which the water body is
already impaired? D n n •
1) Be tributary to environmentally sensitive areas (e.g. MSCP,
RARE, Areas of Special Biological Significance, etc.)? If
so, can it exacerbate already existing sensitive conditions? a Q a •
m) Have a potentially significant environmental impact on
surface water quality, to either marine, fresh or wetland
waters?
15
n) Otherwise substantially degrade water quality?
o) 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 hazard delineation map?
D
n
p) Place within a 100-year flood hazard area structures which
would impede or redirect flood flows? a
q) 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? D
r) Inundation by seiche, tsunami, or mudflow? p
n
a
A majority of the project areas will not involve any physical change. A portion of Area 1 (2.57 acres) and
Area 2 (1.027 acres) may result in future potential for some minor alteration of already disturbed and/or
paved project area to use as: 1) 1 to 2 low density single-family residences where a demolished home had
previously existed (Area 1) requiring applicable permits as well as Zoning Ordinance and Subdivision
Ordinance compliance to determine the ultimate unit number on Area 1: and 2) landscape and/or hardscape
(pavement parking lot etc.) as accessory to existing light industrial uses located adjacent to the project area
resulting from the vacation and boundary changes in the City of San Marcos upon annexation of 1.027
acres to four separate parcels on Area 2 . A new residence in Area 1 or minor hardscape/landscape
activities that could result in Area 2 upon annexation of property to San Marcos will occur in already
developed and disturbed areas previously used for roadways or as a residence. Any old road pavement
removal and disposal and new hardscape/ landscape installation that could result from the project in Area 2
Area 1 or 2 improvements-would be subject to compliance with the City Stornmwater MS-4 Permit. Water
flow will not be permitted to be diverted or redirected as a result of any hardscape/landscape improvement.
Any new hardscape/landscape is anticipated to create a nominal change in the overall surface water flow,
and all flow from Area 2 to the City storm drain system would be subject to stormwater compliance.
Therefore, the proposed project would potentially resulHn a less than significant impact to hydrology and
water quality.
Potentially ' Lessi ,
Potentially - - Significant ~ - Tlian_-
Significaaf Unless * Significant
Mitigated - Impact Impact-.
No
Impact
X. LAND USE 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
16
D D
an environmental effect? a a a
c) Conflict with any applicable habitat conservation
plan or natural community conservation plan? n n a
The existing project areas General Plan Designation are Public road right-of way, Rural Residential (.125-
1 du/acre), and Light Industrial in San Marcos, and Medium Density Residential and Medium-high Density
Residential in Carlsbad. The existing zoning is Public road right-of-way and LM Light Industrial in San
Marcos and R-l Single-family and P-C Planned Community in Carlsbad.
1. A General Plan Amendment to add .675 acres to the City of San Marcos public road right-of-way
(previously City of Carlsbad public road right-of-way).
2. A General Plan Amendment to add 1.072 acres to a Light Industrial designation in the City of San
Marcos {previously public right-of-way in the City of Carlsbad)
3. A General Plan Amendment in the City of Carlsbad to add .696 acres of public right-of-way to the
City of Carlsbad (previously City of Carlsbad public right-of-way).
4. A General Plan Amendment to modify .971 acres from Light Industrial and J-t-r4-8.51 acres from
Rural Residential (.125-1 du/acre) to Open Space (OS) and .375 acres from SPA .125-1 du/acre to
SPA (OS); a change of 10.612.416 acres to Open Space (OS).
5. A Sphere of Influence Amendment, annexation, and Prezone of 1.072 acres from roadway right-of-
way in the City of Carlsbad to Light Industrial (LM) in the City of San Marcos.
6. A Sphere of Influence Amendment, annexation, and Prezone of .696 acres from the City of San
Marcos right-of-way to the City of Carlsbad right-of-way.
7. A vacation of 1.072 acres of public road right-of-way upon annexation to the City of San Marcos,
and a lot line adjustment of said area to existing adjacent parcel numbers 223-030-62, 223-651-11,
223-030-95 and 223-030-46.
8. A 1,70242-acre detachment from the jurisdictional boundary of the City of Carlsbad and annexation
to the jurisdictional boundary of the City of San Marcos.
9. A .696 acre detachment from the City of San Marcos jurisdictional boundary and annexation to the
City of Carlsbad jurisdictional boundary.
10. A 3.0485.618 acre annexation to the City of San Marcos Fire Protection District.
11. A .696 acre detachment from the City of San Marcos Fire Protection District.
12. A 15.2512.446 acre annexation to the City of San Marcos from the County of San Diego.
13. A .696 acre City of San Marcos Sphere of Influence Amendment and annexation to the City of
Carlsbad Sphere of Influence.
14. A Prezone of 12.446 acres to SPA-Open Space OS (12.075 acres) and Open Space OS (.375 acres)
in the City of San Marcos.
15. A 3.921.346 detachment from County Service Area 83 - San Dieguito Local Parks
16. A 3.921.346 detachment from County Service Area 107 - Elfin Forest Fire Department
Area 1: This project area is located just east of Rancho Santa Fe Road and is surrounded by low density
residential to the south and east in the County, and medium residential to the north and west in the County
and City of San Marcos, respectively.
A majority of the project areas will not involve any physical change. A portion of Area 1 (2.57 acres)
and Area 2 (1.027 acres) may result in future potential for some minor alteration of already disturbed
and/or paved project area to use as: 1) 1 to 2 low density single-family residences where a demolished
17
home had previously existed (Area 1) requiring applicable permits as well as Zoning Ordinance and
Subdivision Ordinance compliance to determine the ultimate unit number on Area 1; and 2) landscape
and/or hardscape (pavement parking lot, etc.) as accessory to existing light industrial uses located
adjacent to the project area resulting from the vacation and boundary changes in the City of San Marcos
upon annexation of 1.027 acres to four separate parcels on Area 2.
Area 1: The realignment and widening of Rancho Santa Fe Road resulted in biological impacts for
which the City provided a 8.51 acre parcel for upland mitigation east of Rancho Santa Fe Road north and
south of Via Allondra/Calle Venado. The realignment also resulted in remaining land in the
unincorporated County consisting of City of San Marcos road right-of-way and vacant land now owned
by the City adjacent to the new alignment of Via Allondra and Calle Venado. A non-inhabitable single-
family home previously located on the 1.54 acre parcel (222-042-14) was demolished in 2006. This 1.54
acre parcel and the other .96 acre remnant property (222-042-17 and 222-042-20) have remained vacant
since 2006. The purpose of the proposed project is to add 8.51 areas of biological mitigation open space.
.24 acres of dedicated roadway (Rancho Santa Fe Road realignment area)v and 2.57 acres remaining as
Rural Residential (.125-1 du/acre) consistent with the surrounding area, to the City jurisdictional
boundary. Area #1 is within the City of San Marcos Sphere of Influence.
Area 2: This project area consists of a six lane major arterial roadway located on the boundary of the cities
of San Marcos and Carlsbad. The surrounding area is developed as multi-family residential to the northeast
and an industrial park to the southeast in the City of San Marcos and single-family residential to the west in
the City of Carlsbad.
The road realignment resulted in the bifurcation of road right-of-way on each side of the road realignment
of jurisdictional boundary areas of both cities. The purpose of the proposed project is to address these
bifurcations of the either city's boundaries as agreed upon between the two cities. The proposed project
actions will serve to address clean-up both the jurisdictional boundaries of both the cities of Carlsbad and
San Marcos with a less than significant impact to the Zoning and General Plan of each City and the
surrounding land uses. The land that will be swapped may be used as hardscape or landscape of existing
Light Industrial uses east of Rancho Santa Fe Road upon vacation of the roadway. A lot line adjustment
can then be processed for four parcels east of Rancho Santa Fe Road that will be able to add land area from
the vacated area to each parcel. The project area will involve a Sphere Amendment between the two cities.
This change however will not result in a significant change to each cities boundary, and no residences are
impacted. The proposed boundary change between the cities will not generate a significant land use
impact, and will not conflict with any existing plans for either City.
Project Areas 1 and 3 will not involve any physical change, and therefore will not result in physical
impact to surrounding land uses.
Area 1: The realignment and widening of Rancho Santa Fe Road resulted in biological impacts for
which the City provided some onsite upland mitigation east of Rancho Santa Fe Road north and south of
Via Allondra/Calle Venado. The purpose of proposed project is to include this area now to remain as
open space within the jurisdictional boundaries of the City of San Marcos. The Annexation, General
Plan Amendment, and Prezone will serve to annex the City owned property into the Cities jurisdictional
boundary and zone and designate the area for its existing use to remain as open space. This use would
continue to be located adjacent to low density residential, not modify the existing physical condition, and
therefore not generate a land use impact to surrounding land uses. Area #2 is within the City of San
Marcos Sphere of Influence.
18
Area 3: This project area includes a portion of the San Elijo Road, a four lane major aterial, and an older
paved section of Questhaven Road that serves to provide access to San Diego Gas & Electric, San Elijo
Hills and Center for Natural Lands Management properties. San Elijo Hills is located to the north and west
of the site, with open space directly to the north and the closed County landfill to the southeast of the site.
New road right-of-way was acquired for the roadway and dedicated as easements to the City of San
Marcos within the County jurisdiction. The new alignment is within the City of San Marcos
jurisdictional boundary with exception of feet of roadway referred to as the "County Dip" located within,
the County. Five parcels remain in the County north of the new road alignment. The boundary
adjustment would modify the City boundary to the south of the new road alignment which would
therefore also annex the five open space parcels located north of the new alignment. The purpose of the
proposed project is to annex the realigned section of San Marcos public road right-of-way thereby
establishing a cleaner jurisdictional boundary in the area. In addition, the Annexation, General Plan
Amendment, and Prezone will serve to designate and zone the project area as the existing use of the land
as open space. Area #3 is located within the City of San Marcos Sphere of Influence.
The change to Area 2 will serve to clean-up jurisdictional boundaries as agreed upon between the cities of
Carlsbad and San Marcos and allow for some potential use of land no longer needed for right-of-way to
provide landscape or hardscape in support of adjacent light industrial uses. The City of San Marcos
boundary being modified in Area 1 and 3 will serve to designate current open space as such in the San
Marcos General Plan and remain compatible with surrounding open space and low density residential land
uses in both Areas 1 and 3. These areas are also not known to be located within an existing or proposed
County preserve area.
The proposal will serve the overall purpose of the project as outlined herein and also allow for land use
compatibility with the City of San Marcos General Plan, and provide for jurisdictional authority by the City
of San Marcos of the three project areas.
Potentially r
~ Potentially
Significant^ JUnless, -
Mitigated - Impact
Uss
.Significant Than
- Significant No"
. - Impact - Impact
XL MINERAL RESOURCES: Would the project:
a) Result in the loss of availability of a known
mineral resource that would be of 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?
o
D D
There are no known mineral resources on the site and no new physical development is proposed by the
project. Therefore, the proposed project will not have a significant effect on any known mineral resources.
' -
'
, , i - Significant
Mitigated
Potentially
Totentially
Unless "
Impact
Less \
Significant Than
, Significant No
Impact" Impact
XII. NOISE. Would the project result in:
19
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? no n •
b) Exposure of persons to or generation of excessive
groundborne vibration or groundbome noise levels? n n • n
c) A substantial permanent increase in ambient noise
levels in the project vicinity above levels existing
without the project? n D a •
d) A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above
levels existing without the project? n n • n
e) For a project located 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 expose people residing or
working in the project area to excessive noise levels? n D n •
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? n a a •
A majority of the project areas will not involve any physical change. A portion of Area 1 (2.57 acres) and
Area 2 (1.027 acres') may result in future potential for some minor alteration of already disturbed and/or
paved project area to use as: 1) 1 to 2 low density single-family residences where a demolished home had
previously existed (Area 1) requiring applicable permits as well as Zoning Ordinance and Subdivision
Ordinance compliance to determine the ultimate unit number on Area 1; and 2) landscape and/or hardscape
rpavement, parking lot, etc.) as accessory to existing light industrial uses located adjacent to the project area
resulting from the vacation and boundary changes in the City of San Marcos upon annexation of 1.027
acres to four separate parcels on Area 2. Any construction activity associated with the construction of a new
home, new hardscape/ landscape installation that could result from in Areas 1 and 2 would be subject to
compliance with all Noise City and County Codes as a matter of course.
Specifically, some short-term construction noise impacts may occur to nearby residents. Construction
activity will be required to occur during the hours of 7:00am to 6:00pm Monday through Friday and on
Saturday from 8:00 AM to 5:00 PM; no work shall be allowed on Sundays and Holidays observed by the
City. Also the contractor will be required to use only such equipment on the work and in such state of
repair, that the emission of sound there from is within the noise tolerance of that equipment, as established
by accepted standards of the industry. The noise control measures during construction will lesson impacts
to a level below significant.
20
This compliance will ensure that any new hardscape/landscape activity that could result from the proposed
project would potentially result in a less than significant impact to hazards and hazardous materials.
Potentially JUss""
Potentially -„' Significant Than -
Significant, Unless Significant No
litigated ' Impact Impact . Impact
XIII. POPULATION AND HOUSING: Would the project:
a) Induce substantial population 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)? a a
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere? a a
c) Displace substantial numbers of people, necessitating
the construction of replacement housing elsewhere? an a •
The proposed project will not include the construction or demolition of any existing housing, thereby not
displacing any existing residents, and is therefore not anticipated to result in impacts to population and
housing.
D
n
1 -
-~ - - „ ' -potentially
, _ J - ' ~ - -, _ > ' .Significant >,
= - ,- - - ~ ~ x ~ - Mitigated' -
Potentially ,
--.Significant
Unless
Impact , -
r- Less
Tlfan
Significant
"' Impact
.<-'.'
^
No -
j Cnpacl-
XIV. PUBLIC SERVICES:
a. Would the project result in substantial adverse physical
impacts associated with the provision of new or physically
altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which
could cause significant environmental impacts, in order to
maintain acceptable service ratios, response times or other
performance objective for any of the public services:
Fire protection?
Police protection?
Schools?
Parks?
other public facilities?
n
n
D
D
D
D
21
A portion of Area 1 (2.57 acres) and Area 2 (1.027 acres) may result in future potential for some minor
alteration of already disturbed and/or paved project area to use as: 1) 1 to 2 low density single-family
residences where a demolished home had previously existed (Area 1) requiring applicable permits as well
as Zoning Ordinance and Subdivision Ordinance compliance to determine the ultimate unit number on
Area 1; and 2) landscape and/or hardscape (pavement, parking lot, etc.) as accessory to existing light
industrial uses located adjacent to the project area resulting from the vacation and boundary changes in the
City of San Marcos upon annexation of 1.027 acres to four separate parcels on Area 2. Therefore, no
impact to public services is anticipated to result from the proposed project.
The proposed project will include:
1. A 5.618 3.048 acre annexation to the City of San Marcos Fire Protection District.
2. A .696 acre detachment from the City of San Marcos Fire Protection District.
3. A 3.9247346-detachment from County Service Area 83 - San Dieguito Local Parks
4. A 3.921.346 detachment from County Service Area 107 - Elfin Forest Fire Department
Through a mutual aid agreement, the City of San Marcos Fire Protection District currently provides service
to the project area. In addition, the project area is already surrounded by area served by the San Marcos
Fire Protection District. This said the modification to the SMFPD to add the three acres will not impact
service levels. The closet station to each area is in the City of San Marcos on Rancho Santa Fe Road.
There are City of San Marcos park and recreational faculties in close proximity to the project areas.
Removal of Area 3 from the CSA 83 and 107 are not anticipated to significantly impact parks or fire
protection services to these areas already adjacent to the City of San Marcos, and serve by proximity and a
mutual aid agreement.
-,'-' -Potenfiatly -.. Less ,~ ' " , '
Potentially „ ,- Significant Than " ~
Significant , Unless ., -_ Significant "No ,
Mitigated . ' • impact - Impact - " ' Impact
XV. RECREATION:
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?D D n
. ' - ' • , - -" . ' - '- _ * - ~ •
- - ,~ Significant
'•>--- - -- Mitigated
Potentially i "
Potemialjy-
TJnless
1 " Impact
Less
Significant Than
Significant No
Impact "" Impact ,
XVI. TRANSPORTATION/TRAFFIC: Would the project:
a) Cause ail increase in traffic, which is substantial in
relation to the existing traffic load and capacity of
22
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)?, a a n
b) Exceed, either individually or cumulatively, a level
of service standard established by the county
congestion management agency for designated roads or
highways? • a an
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? - a
d) Substantially increase hazards due to a design
feature (e.g. sharp curves or dangerous intersections)
or incompatible uses (e.g. farm equipment)? n a a •
e) Result in inadequate emergency access? n a • a
f) Result in inadequate parking capacity? a D n
g) Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g. bus turnouts,
bicycle racks)? a a n •
A portion of Area 1 (2.57 acres) and Area 2 (1.027 acres) may result in future potential for some minor
alteration of already disturbed and/or paved project area to use as: 1) 1 to 2 low density single-family
residences where a demolished home had previously existed (Area 1) requiring applicable permits as well
as Zoning Ordinance and Subdivision Ordinance compliance to determine the ultimate unit number on 1:
and 21 landscape and/or hardscape (pavement parking lot etc.) as accessory to existing light industrial uses
located adjacent to the project area resulting from the vacation and boundary changes in the City of San
Marcos upon annexation of 1.027 acres to four separate parcels on Area 2. No negative impact is
anticipated to parking from the proposed project.
-----' - " ~ •- _ ~ , Potentially ' Less1
_ . PotettfiaUy- Significant, - . Than
Significant Unless Significant No
~ ' -','-• _ - Mitigated Impact' Impact _- Impact
XVII. UTILITIES AND SERVICE SYSTEMS: Would
the project
a) Exceed wastewater treatment requirements of
the applicable Regional Water Quality Control
Board? n n D •
b) Require or result in the construction of new water
or wastewater treatment facilities or expansion of
23
existing facilities, the construction of which could
cause significant environmental effects? ODD
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? a a a
d) Have sufficient water supplies available to serve
the project from existing entitlements and resources,
or are new or expanded entitlements needed? nan
e) Result in a determination by the wastewater treatment
provider which serves or may serve tiie project
that it has adequate capacity to serve the projects
projected demand in addition to the providers' existing
commitments? ODD
f) Be served by a landfill with sufficient permitted capacity
to accommodate the project's solid waste disposal needs? n a a
A majority of the project areas will not involve any physical change. A portion of Area 1 (2.57 acres) and
Area 2 (1.027 acres) may result in future potential for some minor alteration of already disturbed and/or
paved project area to use as: 1) 1 to 2 low density single-family residences where a demolished home had
previously existed (Area 1) requiring applicable permits as well as Zoning Ordinance and Subdivision
Ordinance compliance to determine the ultimate unit number on Area 1: and 2) landscape and/or hardscape
(pavement, parking lot, etc.) as accessory to existing light industrial uses located adjacent to the project area
resulting from the vacation and boundary changes in the City of San Marcos upon annexation of 1.027
acres to four separate parcels on Area 2. A new low density single-family home and minor
hardscape/landscape activities that could result in Areas 1 or 2 upon annexation of property to San Marcos
will occur in already developed and disturbed areas previously used for roadways and would provide only
accessory infrastructure to existing buildings. Therefore, no impact to utilities is anticipated to result from
the proposed project.
24
..Potentially
Significant
Mitigated
Pot|ntia!fy'
Significant
-Unless
Impact -
Less
Than
Significant,"
Impact, * -
No ,
Impact
XVIII. 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? an a •
The project is not known to contain any sensitive biological or cultural resources, the project does
not 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?
("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 probably future projects)? o a a •
The project does not have impacts that are individually limited, but cumulatively considerable, as
the project site will involve an upgrade of an existing roadway segment. The Negative
Declaration analysis identifies only less than significant impacts that could result from the
project, and no mitigation is proposed therefore the project is not cumulatively considerable.
c) Does the project have environmental effects which
will cause substantial adverse effects on human
beings, either directly or indirectly? anna
The project impacts are all less than significant and do not warrant mitigation and will not cause
substantial adverse effects on human beings, either directly or indirectly.
25