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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 AREAS NO KW07 EXHIBtTA San Marcra City Unite Ban Marcos Rre Protedton District Proposed City Umrt» Cromd By: Cey of-Swi Uvcoi PufaBc Wort* «flnrt hM.OMn m«d«.tohawavif, tN •cctriite.tii cwrwL'TTw Ch* ot 8«1fwponaibllty «rtB*g frumuca at w* end Incorpontoa by rafaittntt Itt regmftig VIA lacA tj snv wirraittea, wtaUw «x|y««sad or lin[d«t, mnawnbv It* w cf(Wi urn far additional HGmtfQA set BM Dbdakiw onvebeit*. 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