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HomeMy WebLinkAbout1992-04-21; City Council; 11655; Rancho Santa Fe Road Environmental Impact Report EIR 91-01- 1 .: i.5 u 2 .rl a, a5a c a, *rl .rl c 111 cl .rJ, d p o 0 bo 2 g '2 2 iV z c) 5 rn c'1 -3 *rl h *JJ a, 4 .rl 3 I a0 dd o\ ow CJ 0 : i s Ga, bno e d *rl a, -4 u JJ h'rl rb wau TI a (A ucd M a :gF u rn boa -rl $ .5 2 Ea c) :33 4 ;a a, a' $ a c a E E e a2 2 u m h- a.4 c\1 0 c)\ wa aha)* 'a, c a, 4 Q\ G.4 w a u rb ' mu O u G a u 0 4 u 2 5u h rn c E -4 a, -4 o El 0 u G 001 c) muon 4-l aa -m a, El c uoo a,.rlo 111 ?-T-, uCau oa u &I a, *rl @vu sa, bo hUC w .rl c) *rl ul-ln rb rb.4 34 Burnt& a35 a, El E6 $5 "lhI I\ *cn acn @Jd I\ ern z I- 0 i z 3 0 0 0 a Q Y 1. CI~~F*CARLSBAD - AGENQ&ILL DEPT. I CITY A CITY M AB # /( dss TITLE: MTG. 4/21/92 RANCHO SANTA FE ROAD ENVIRONMENTAL IMPACT REPORT - EIR 91-1 DEPT. PLN RECOMMENDED ACTION: Planning Commission and staff are recommending that the City Council direct the ( Attorney to prepare documents CERTIFYING EIR 91 -1 based on the findings and subject to conditions contained therein including a statement of overriding considerations. ITEM EXPLANATION EIR 91-1 analyzes the realignment and construction of Rancho Santa Fe Road to six lane pr arterial standards from La Costa Avenue north to the existing Melrose Avenue as describec the City of Carlsbad Rancho Santa Fe Road Adoption Report - alignment C-1 "Can Alignment" and the mass grading of land on both sides of the roadway in preparation future development on a total of 448 acres within a 768 acre site. In 1987 as a response to a petition from residents in La Costa, the City commissioned a sf of studies and appointed a citizens committee to study a realignment of Rancho Sant: Road. The result of that effort was a City Council preferred alignment designated as canyon alignment". The project reviewed by the EIR includes the canyon alignmen previously approved by the Council. The Draft EIR was prepared as required by CEQA and the City's environmental proced ordinance Title 19. A draft was circulated for public review and comments were received f the U.S. Fish and Wildlife Sewice (U.S.F.W.S.), California Department of Fish and G (C.D.F.G.), City of San Marcos, Fieldstone Company and M.A.G. Properties. Responses to those comments were prepared by the EIR consultants, CottodBeland A.D.Hinshaw, and incorporated into the document thereby creating the Final EIR. Discussed in the Final EIR are: EARTH RESOURCES AIR QUALITY WATER RESOURCES NOISE LIGHT AND GLARE LAND USE TRAFFIC CIRCULATION PUBLIC SERVICES UTILITIES LANDFORM ALTERATION CULTURAL HISTORIC RESOURCES Also discussed are six alternatives to the proposed project. They are: 0 REALIGN RANCHO SANTA FE ROAD AND DEFER THE MASS GRADING REALIGN RANCHO SANTA FE ROAD WITH MASS GRADING OF DEVELOP1 LAND CONSISTENT WITH THE EXISTING GENERAL PLAN LAND DESIGNATIONS. GRADING. * ROAD WIDENING IN THE EXISTING ALIGNMENT AND DEFER R 0 m PAGE 2 OF AGENDA BILL NO. /! dsx 1 ROAD WIDENING IN THE EXISTING ALIGNMENT AND MASS GRADING. ROAD WIDENING IN THE EXISTING ALIGNMENT WITH MASS GRADING DEVELOPABLE LAND CONSISTENT WITH THE EXISTING GENERAL PLAN NO PROJECT. As discussed in the attached Planning Commission staff report there are several consideratic that make these alternatives infeasible. Several impacts were determined to be insignificant and others to be significant but mitigal The most notable mitigated impact within this section is to the Diegan Coastal Sage SCI habitat for the California Gnatcatcher. A Mitigation Plan as recommended by the consultant who prepared the biological portior the EIR and which satisfies the requirements of the California Environmental Quality (CEQA) has been developed which will reduce the identified impacts to the Gnatcatcher t level of less than significant. The plan includes on-site and off-site mitigation as well as mol contributions for further studies. Although the specific details of the mitigation plan are ! being worked on, the plan includes a significant increase in open space on-site (loo+ acI over what the city's present General Plan and Open Space map identifies, acquisition of a la parcel in the San Dieguito River Valley for offsite mitigation and funding to complete citywide Habitat Management Plan. The Council will be updated at the public hearing on EIR on the status of the Mitigation Plan. Relative to the impacts to the California Gnatcatcher, an addendum has been attached to EIR (refer to Exhibit B) with full disclosure of the process which lead to the determination t the Mitigation Plan will mitigate impacts to the Gnatcatcher to a level of less than signific: A significant unmitigated impact has been identified on AIR QUALITY. For this reaso statement of overriding considerations is required and has been included in Plann Commission Resolution # 3371. In addition, should the proposed Mitigation Plan regard Diegan Coastal Sage Scrub habitat and the California gnatcatcher not be fully implemeni the same statement of Overriding considerations would apply to the impacts of the projec biological resources. In summary, the Final EIR has been completed in compliance with CEQA and the Cj Environmental Procedures Ordinance (Title 19). One significant unmitigated impact has b identified on AIR QUALITY which requires a statement of overriding considerations an second significant unmitigated impact to BIOLOGICAL RESOURCES should the propc mitigation plan not be fully implemented. The Planning Commission unanimously (7-0) supported the proposed mitigation plan impacts to Biological Resources and has recommended that the City Council certlfy EIR S which includes a statement of overriding considerations. e 1) 1 PAGE 3 OF AGENDA BILL NO. //6kf FISCAL, IMPACT Certification of the Final EIR has no direct fiscal impact on the city. Fiscal impacts associa with the Rancho Santa Fe Road construction project including the cost of the environmer mitigation plan, will be addressed when the assessment district for the road is considered the City Council. EXHIBITS 1. 2. 3. Exhibit B - Addendum 4. 5. Planning Commission Resolution No. 3371 Exhibit A - EIR 91-1 (previously distributed) Exhibit C - Errata Sheet Exhibit D - Planning Commission Staff Report dated, March 18, 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e PLANNING COMMISSION RESOLUTION NO. 3371 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING CERTIFICATION OF AN REALIGN AND CONSTRUCT RANCHO SANTA FE ROAD TO SIX LANE PRIME ARTERIAL, STANDARDS FROM LA COSTA AVENUE NORTH TO THE EXISTING MELROSE AVENUE AS DESCRIBED IN THE CITY OF 0 ENVIRONMENTAL IMPACT REPORT, EIR 91-1, FOR A PROJECT TO CARLSBAD RANCHO SANTA FE ROAD ROUTE ADOPTION REPORT - ALIGNMENT C-1 "CANYON ALIGNMENT" AND THE MASS GRADING OF LAND ON BOTH SIDES OF THE ROADWAY IN PREPARATION FOR FUTURE DEVELOPMENT ON A TOTAL OF 448 ACRES WITHIN A 76E ACRE SITE. CASE NAME: RANCHO SANTA FE ROAD REALIGNMENT AND MASS GRADING CASE NO.: EIR 91-1 WHEREAS, a verified application for certain property to wit: SEE ATTACHED Exhibit 'Y. has been filed with the City of Carlsbad and referred to the Planning Commissi( WHEREAS, said verified application constitutes a request as provided by ' of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 4th day of March, 1992 the 18th day of March, 1992, hold a duly noticed public hearing as prescribed b! consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testim arguments, if any, of all persons desiring to be heard, said Commission consid factors relating to the project and; NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Coh follows: A) PC RES0 NO. 3371 -1- That the foregoing recitations are true and correct. I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 B) That the Environmental Impact Report EIR 91-1 will be amended to incluc comments and documents of those testifying at the public hearing and resp thereto hereby found to be in good faith and reason by incorporating a copy minutes of said public hearings into the report. That the Environmental Impact Report EIR 91-1 as so amended and evaluatec attached errata sheets dated March 18.1992 are recommended for acceptanc certification as the final Environmental Impact Report and that the Environmental Impact Report as recommended is adequate and provides reasc information on the project and all reasonable and feasible alternatives th including no project. That among the alternatives evaluated, it is recommended that the project incorporates mitigation measures as discussed below, be approve implementation. C) D) Findings: 1. That the following findings are made relative to the conclusions of the Environmental Impact Report (FF.IR) for the proposed Rancho Santa Fe realignment and mass grading (SCH #90010850) based on the FEIR including the cornments and respollses to the draft EIR, and all document, public testimony and illustrations included in the public record. That the future administrative actions associated with the proposed project i the approval of a Grading Permit and a Hillside Development Permit (HDI That the FEIR will be used by the City as a "Project EIR" in dg imp; the proposed mass grading and mad realignment. That the FEIR will also serve as a "Program EIR" by addressing impacts initial project and the subsequent General Plan Amendment and La Costa I Plan Amendment. That additional environmental review will be required for follow-on proje That these future projects are antiapated to include a General Plan her to the Land Use Element, a La Costa Master Plan Amendment and one o tract maps. That the proposed project involves the realignment and construction of E Santa Fe Road within a mass graded 448 acre area of southeastern Carlsba project proposes the relocation of existing Rancho Santa Fe Road easterly "Canyon Alignment", replacing the bridge over San Marcos Creek and q of the road into a six lane prime arterial between La Costa Avenue and 1 Drive as ded for in the circulation F.lement of the Carlsbad General Pla mass grading of property adjoining the road is to provide for future develo 2. 3. 4. 5. 6. 7. PC RES0 NO. 3371 -2- I. 2 3 4 5 6 7 8 9 10 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 8. That the formation of a 2,210 acre Rancho Santa Fe Road Assessment Dis also included in the project. That financing of the roadway improvements will be provided by generating within the Assessment District. That the Planning Commission hds and determines that the Environmental1 Report EIR 91-1 has been completed in conformance with the Cal Environmental Quality Act, the state guidelines implementing said Act, a prodons of Title 19 of the Carlsbad Municipal Code and that the P1 Commission has reviewed, considered and evaluated the information conta the report. That the FEIR for the Rancho Santa Fe Road Realignment and Mass 2 project concluded that the project would not have significant adverse imp the following areas (numbers refer to the page(s) of the FER where the i discussed): 9. 10. 11. 0 Hospitals As' woulz adversely impacted by this project. 0 Natural Resources in the EIR (pgs. 5.9-9, 10) the current availability of hospital s As noted in the Initial Study (Appendix A of the FIR), no natural resources are 1 in the project area. a Risk of Upset As noted in the Initial Study (Appendix A of the FIR), no hazardous mat& would be, present on the project site. a Population The project would not increase the residential density of the project area as shc the General Plan Land Use Map. However, the ultimate development of the are: increase t-g population levels. 0 Housing The project would not create a demand for additional housing. a Enernv NO substantial energy wge will ocm as a result of the project. PC RES0 NO. 3371 -3- If 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 I.9 20 21 22 23 24 25 26 27 28 0 0 1, Human Health No hazardous conditions would exist at, or near, the project site. 8 Recreation No adverse effect on recreational facilities would occur because the city's Local Far Management Program coordinates the development of recreational facilities residential development. 7. Law Enforcement Provisions of the Public Facilities Element of the General Plan ensure that adequal enforcement would be available prior to buildout of the project area. ri Libraries The Local Fa&ties Management Plan contains performance standards that e libmy space would be available consistent with development activities. 12. That the following findings are made pursuant to Section 21081 of the Cali Public Resources Code and Section 15091 of Title 14 of the California Cc Regulations. A. Public Resources Code Section 21081 (a) The decisioders, having reviewed and considered the information contained i Final EIR for the proposed Rancho Santa Fe Road Realignment and Mass Grading PI and having reviewed and considered the information in the public record, finc changes have been incorporated into the project which mitigate or avoid or substar lessen the significant environmental impacts thereof, except for as idenfied in the EIlLspeCifically: EARTH RESOURCES (EIR pgs. 5.1-1 through 10) ImDact: Implementation of the project will require the mass grading of approxin 448 acres of mostly undeveloped land extending north/south along Rancho San Road. The terrain is rolling, with occasional steep slopes and canyons. Drak conveyed by tributaries to San Marcos Creek in the northwest podon of the site Enchitas Creek in the southern extent of the site. Grading for the project will occur over a smaller area than grading neede development to the full extent of the RL, RLM, C, and 0 land use designations ( existing General Plan, thus lessening the impacts to Earth Resources. The grading o adjacent to the roadway is necessary to ensure an increase in the value of the adjc land, in order to permit the financing of the road. PC RES0 NO. 3371 -4- I. 2 3 4 5 6 7 8 9 10 11 l2 13 14 15 I' 17 18 19 20 21 22 23 24 25 26 27 28 0 * Findinns: Mitigation measures are included on pgs. 5.1-9 and 10 of the EIR and P become conditions of project approval. These measures were prepared by the const Geologic Engineer and address blasting and filling operation, seismic hazards, erc control measures and landslide remediation. Requirements of the Uniform Building ( the Citfs Hillside Development Ordinance and Grading Ordinance would be includ the project review and approval of the grading plans, the grading permit and subsec development approval. Mitigation Measure #4 (pg. 5.1-9) has been modified to state that the applicant adhere to the grading restrictions set forth in the La Costa Master Plan 01 amendments thereto. No grading shall occur between October 1 and April 15, e when special measures can be taken to control siltation. This shall be met t satisfaction of the City Engineer. The mitigation measures would reduce impacts to a level less than significant. AIR QUAUTY (EIR PgS. 5.2-1 through 10) Impact: The ultimate development of the project would generate 12,753 lbs/d, emissions. Widening of the roadway would provide for a more efficient circulation SJ and less congestion, which would result in a reduction of 6,507 lbs/day of vehi emissions from the "no project" emissions levels. Findinns: A variety of mitigation measures are recommended in the EIR to min short-term air quality impacts. Measures involving bikeways, trails and transit fac are also recommended to reduce the reliance on automobiles. However, implement of the proposed project would cause significant, and unmitigated long-term impacts quality within the San Diego Air Basin. Short-term impacts are not significant locall; are cumulatively significant because the area is located within a non-attainment b The impact to Air Quality is significant and unmitigated. WATER RESOURCES (EIR pgs. 5.3-1 through 7) Impact: The project site is located in the watersheds of the San Marcos Creek Enchitas Creek. Surface runoff from the project site ultimately enters either San M Creek or Enchitas Creek which meet at the Batiquitos Lagoon in the City of Carlsba fore entering the Pacific Ocean. Erosion and sedimentation impacts during the si and construction period would be short-term, after storm events only, and wou potentially significant. Diversion of drainage flows could occur during grading oper temporarily and artificially increasing flows in adjacent tributaries or waters Grading of the project's 448 acres will cause fewer significant impacts due to floodin; drainage than grading 550 acres to the full extent of the RL, FUMY Cy and 0 lanc designations of the existing General Plan due to the smaller area. Findinns: Implementation of the measures contained in the geotechnical evaluatioi City's Grading, Clearing and Grubbing Policy, Grading Ordinance and Landscape M( PC RES0 NO. 3371 -5- I. 2 3 4 !5 6 7 8 9 10 11 I.z 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e would minimize erosion and provide for a comprehensive maintenance progra would be maintained and no additional runoff into the reservoir would result fro approved grading plans. Conditions of approval would include the preparatior hydrology study for San Marcos Creek and the recommendations of the consulting ' engineer. The south-central trending drainage channel would be maintained in a n vegetated condition as a "best management practice" consistent with RWQCB Number 90-42. The mitigation measures would reduce impacts to a level less than significant. BIOLOGICAL RESOURCES Impact: Grading of the project will result in a disturbance of existing vegetation owing to the realignment of the road and the mass grading. The amount of dist area within the project site would change from approximately 88.4 acres to 369.5 This will result in both direct and indirect impacts to plants and animals. S sensitive habitats, including Diegan coastal sage scrub, cottonwood-willow riparia oak riparian, would be impacted by the project. Up to 14 pairs of the 22 pz California Gnatcatchers on the project site may be adversely impacted or lost. In impacts would mainly result from habitat fragmentation and a residual amoi downstream siltation. Findings: Onsite mitigation would include the dedication of an area of Diegan c sage scrub of a size, configuration and topography large enough to support a mir size of 8 pairs of California Gnatcatchers in perpetuity. Specific criteria to be cons in the selection of the area to be dedicated are listed on page 5.4-18 of the EIR. The mitigation of biological impacts as set forth in the EIR is adequate and complie the criteria, to provide: erosion control and drainage facilities. The Stanley Mahr reservoir spillway ca 1. Onsite mitigation 2. Offsite mitigation 3. Contribution to funding for planning local, sub-regional and re; conservation plans, and funding a directed life history study fc California Gnatcatcher. Mitigation which meets the criteria and is in accord with the mitigation measu forth in the EIR will not appreciably reduce the likelihood of the survival and re( of the Gnatcatcher and other Species of Concern in the wild. Based on the best av: information, the project, and a Mitigation Plan minimizes to the maximum I practicable, the impacts on Scrub Habitat and the Species of Concern. The projec also contribute to the approximately 3,800 residential units and 60 acres of corn development which are necessary to provide the approximately $60,000,000 whic be necessary to finance the roadway infrastructure improvements in this area. '.* PC RES0 NO. 3371 -6- 1 2 3 4 5 6 7 8 9 lo 11 12 13 I.4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 Other mitigation measures include modifying the proposed project grading to prc 100% of the "dense" area of San Diego goldenstars and a minimum of 75 percent "sparse" area of San Diego goldenstars, and applying for and obtaining, if requi Clean Water Act, Section 404 permit and a Section 1600-1603 agreement. In addition to the Mitigation Plan discussed above, the City has entered in1 Memoranda of Agreements (MOA'S) with the U.S. Fish and Wildlife Service (FW! State Department of Fish and Game (DFG) for the development of a multi-species wide Habitat Management Program ("HMP"), and, as part of that program, fc development of a Habitat Conservation Plan ("HCP") for the conservation of Habitat and Species of Concern. The MOAS contemplate that the species covered will be addressed as if they were as "endangered" under the Endangered Species Act (ESA) and the California Endar Species Act (CESA), and that appropriate mitigation will be provided. As part of the early phases of the HMP, it is contemplated that the Rancho Santa Fc project would be addressed as an "interim project" and considered for approval 1 City, DFG and FWS under the HCP. It should be noted that more than one HCP F prepared at various phases of the HMP. The work program and time-line for the adc of the project HCP are included in Appendix I of the EIR. It is also anticipated that the HCP to be developed under the work program will re! the requisite federal permit to ensure continuation of the project when and if the cc species become formally listed under the ESA and CESA, and when the State of Cali and the United States Government then acquire formal jurisdiction. The mitigation measures would reduce impacts to a level of insignificance. If any or government agency finds the impact to Biological Resources to be unmitigated, the mitigation plan is not approved by the City Council and then fully implemented we find the statement of Overriding Considerations supports approval of the projc NOISE (EIR pgs. 5.5-1 through 7) ImDact: Implementation of the proposed project would result in widening c roadway, and realignment of the roadway to a location approximately one-quartel east of the La Costa Vale subdivision. Traffic-generated noise levels along the real Rancho Santa Fe Road will be substantial at completion of the project and at buil of the City. Other noise sources associated with the project include short-term generated by construction operations such as blasting and crushing of resistant hauling of material off-site to the Arroyo La Costa subdivision, and constn equipment noise. Findings: The City would implement policies and action programs of the General Noise Element and Administrative Policy Number 17 which apply to construction ( proposed project. Other measures include placing stockpiling and staging areas from occupied dwellings and creating the greatest distance possible between noise sc PC RES0 NO. 3371 -7- 1 2 3 4 5 6 7 8 9 lo I1 12 13 14 15 l6 17 18 19 2o 21 22 23 24 25 26 27 28 0 0 and receptors during construction and complying with state standards for noise er and control. Realignment of the road to the east will substantially decrease the impact of noise existing residences. The impact of this major improvement project on the existir dences is a significant concern and was contrary to the alternatives which 1 alignment in its present location. Mitigation of noise impacts to future residences achieved through adherence to Administrative Policy #17. The mitigation measures would reduce impacts to a level less than significant. LIGHT AND GLARE (EIR pgs. 5.6-1,2) Increases in light and glare would impact the existing residential land uses to thc and west of the proposed roadway alignment and future development on both s the roadway. Urbanization of the natural surface cover increases light emissic reflectance. Findings: Mitigation measures include the use of roadway landscaping to limit he: intrusion into residential areas, directing street lighting to limit excess ligl consideration of the use of low pressure sodium street lights. The mitigation measures would reduce impacts to a level less than significant. LAND USE (EIR pgs. 5.7-1 through 13) As a program EIR, the document has analyzed the realignment of RSF and the adj mass grading as the project and has also analyzed some aspects of potential projects, i.e. subsequent tract maps, site development plans, etc. A clear distinctio, be made while reviewing the LAND USE section of the EIR between the impact! project grading and the impacts from subsequent development. ImDact: Subsequent development of the project will result in conwrsion of 448 at vacant and undeveloped lands to a prime arterial surrounded by residentk commercial land uses, interspersed with large areas of open space. Subs development of the project is inconsistent with the General Plan Land Use map i Costa Master Plan. General Plan and La Costa Master Plan Amendments are neec implementation of the project to be consistent with the long-range land use planr the area. The FEIR states that grading on M.A.G. properties will eliminate Open designated in the General Plan on the Comprehensive Open Space Network Mar proposed project grading will neither remove nor preclude the conceptual open areas of the Comprehensive Open Space Network Map and is therefore not incon! with the General Plan: General Plan and La Costa Master Plan Amendments are D prior to implementation of the subsequent development of the M.A.G. properties consistent with the long-range land use planning of the area. ... PC RES0 NO. 3371 -8- 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 l6 I' 18 19 2o 21 22 23 24 25 26 27 28 0 0 Findings: Prior to development, mitigation measures to be completed include confo to land uses and respective acreages on the General Plan Land Use map and dwelh allocations in the Local Facilities Management Plan or proposing amendments General Plan, La Costa Master Plan, and Local Facilities Management Plan. Propose uses shall be consistent with the Land Use Element guidelines. The applicant sha propose an amendment of the City's Comprehensive Open Space Network Map con with the Open Space and Conservation Element of the General Plan. The mitigation measures would reduce impacts to a level less than significant. TRAFHC/CIRCULATION (EIR pgs. 5.8-1 through 16) Impact: The impact of the project on the circulation system was considered for 195 year after project completion, and 2010, the year when the County road sys projected to be completed. For 1995, all road segments and intersections of E Santa Fe Road would operate with a Level of Service (LOS) of A or B with threl in each direction. For 2010, all segments and intersections of Rancho Santa Fc would operate under acceptable conditions (LOS of C or D). Under existing conditions (the "no project" alternative) all of Rancho Santa Fe Ro Questhaven Road would operate with an LOS of F in the year 2010, an unaccc condition. Eventual development in the area would increase traffic volumes roadway causing adverse impacts. Findings: Mitigation measures contained in the EIR would require the City to cc intersection and road segment geometrics as proposed for 1995 without the connection and to retain right-of-way that will be sufficient for creation intersection of Rancho Santa Fe Road and the future Melrose Drive south. The ( Carlsbad and San Marcos would create a mechanism to determine the configur: this intersection. An interim signal would be constructed at the intersection of Santa Fe Road and Questhaven Road and a fully signalized intersection w( constructed at Rancho Santa Fe Road and Cadencia Street. The mitigation measures would reduce impacts to a level less than significant. PUBLIC SERvlcEs (EIR pgs. 5.9-1 through 10) Fire Protection ImDact: Demand for fire protection services to the project area will be incre ultimate development of the area. Findings: Ultimate development plans would be conditioned to require the COM of a permanent fire station No. 6 along the alignment of Rancho Santa Fe Roac The mitigation measures would reduce impacts to a level less than significant. PC RES0 NO. 3371 -9- 1 2 3 4 5 6 7 8 9 10 11 l2 l3 14 15 * 16 17 18 19 2o 21 22 23 24 25 26 27 28 0 0 Schools ImDact: Ultimate development of the project would generate 1,203 elementary stu 386 junior high students and 799 high school students. Findings: Prior to the approval of a final map for any project within the San R Unified School District an agreement shall be entered into providing for the deed an acceptable school site and guaranteeing the financing and construction of a unless modified or waived by the District. The mitigation measures would reduce impacts to a level less than significant. Water ImDact: Water demand at ultimate development of the project site would be 5: gallons-per-day. However, this is approximately 30 percent lower than water d under buildout conditions according to the land uses of the existing General Plar Findings: Water demand would be assessed during the development review pro( the Vallecitos Water District and Olivenhain Municipal Water District to ensure th 11 will remain in conformance with adopted performance standards. Water devices and reclamation, where feasible, would be required. The mitigation measures would reduce impacts to a level less than significant. sewer Impact: Sewage generation at buildout of the project area would be 496,000 gallo day. Findings: New development within the project area would be required to corn City's performance standards for sewer service. The mitigation measures would reduce impacts to a level less than significant. Solid Waste Impact: Solid waste generation at buildout of the project area would be 7.3 tons-€ Findings: The siting and expansion of landfills in the area are currently being 1 by a variety of agencies to ensure that adequate landfill capacity will be availabl region. The mitigation measures would reduce impacts to a level less than significant. ... PC RES0 NO. 3371 -10- I 1 2 3 4 5 6 7 8 9 10 11 I.2 13 14 15 X 17 18 19 20 21 22 23 24 25 26 27 28 e 0 Natural Gas and Electricity Impact: Electricity and natural gas demand at buildout of the project area would 1 megawatt hours and 210,000 cubic- feet per day. Findings: The applicant would provide adequate infrastructure and, whenever pos incorporate energy saving devices within the project development. The mitigation measures would reduce impacts to a level less than significant. LANDFORM ALTERATION/VISUAL QUAUTY (EIR pgs. 5.11-1 through 7) Impact: Implementation of the project will result in the extensive modification of el topography. The proposed project will alter the existing landscape with grading ai creation of cut and fill slopes. In order to provide adequate surface area fc construction of the proposed roadways, large volumes of earth will be displace reorganized into broad, flat surfaces. Other areas will be graded for future uses incl residential, commercial and office. The proposed landform alteration will result in 3,844,000 cubic yards (cu.yds.) of c1 4,197,000 cu. yds. of fill. This equates to a grading ratio of approximately 8,357 c per acre (quantity for Rancho Santa Fe Road as a circulation element roadway g~ excluded). The area to be mass graded may remain undeveloped for several yean development plans for the property are being prepared, reviewed and approved. The Final EIR states that as proposed the grading plans conflict with sections of tl of Carlsbad Open Space and Conservation Element. Since the date of completion DEIR, the General Plan has been updated with a revised Open Space and Conser Element. The updated General Plan Element has revised language pertaining to the policies and actions but retains the intent of the previous element. Mitigation to of insignificance of the described inconsistencies will be achieved through adherenc the Hillside Development Ordinance and Grading Ordinance. Adherence WitE ordinances will mitigate the impact to a level less than significant. The FEIR also indicated that the proposed grading is inconsistent with the City's Highways Element. Mitigation of the inconsistency to a level of insignificance achieved through landscaping and adherence to the Scenic Corridor Study adopt 1, 1988. The grading that will occur as a result of the project will have significant imF surrounding landform and visual quality, however, the currently adopted Gener allows the realignment of Rancho Santa Fe Road and similar development of the site. Also, the City of Carlsbad Local Facilities Management Plan (Zone 11) Rancho Santa Fe Road as having a future alignment which is consistent w alignment proposed by the project. The project is consistent with the alignment a1 by the City Council in 1987. PC RES0 NO. 3371 -11- x 2 3 4 5 6 7 8 9 10 11 I,2 e 13 14 15 16 17 18 l9 20 21 22 23 24 25 26 27 28 * 0 Impacts to landform alteration and visual quality associated with the project will b than the impacts of landform alterations resulting from grading to the full extent ( RL, RLM, C and 0 land use designations according to the adopted General Plan. proposed project will serve to provide for reduced landform alteration and imp visual quality at the conclusion of development. Findinns: The 8,357 cu.yds./acre is within the potentially acceptable range as dt in the City's Hillside Development Ordinance (0-7,999 cu.yds./acre is accept Requirements of the City's Grading Ordinance and Hillside Development Ordinanc be implemented through the grading plan review process. As discussed in LAND I General Plan and La Costa Master Plan amendment is needed prior to implementaf construction of the project beyond grading. The mitigation measures would reduce impacts to a level less than significant. CULTuRAL/HI!XORIC RESOURCES (EIR PgS. 5.12-1 through 4) Impacts: Six of the seven sites located in the project area would be impacted by g activities and could destroy potentially significant prehistoric resources. The full of subsurface material of the sites is not fully known at this time and further 1 should be completed prior to site alteration. Findinns: Subsurface testing of five sites would be required as a condition of approval. If significant resources are located, a research design and data recovei would be implemented. The provisions of the Historic Preservation Ordinance w( followed in completing the mitigation program. The mitigation measures would reduce impacts to a level less than significant. CUMULATIVE IMPACI'S (EIR pgs. 7-1 through 12) Impact: The ultimate development of the proposed project, in conjunction with 5 projects in a 30 square-mile area surrounding the project site would result construction of approximately 10,600 dwelling units and 9 million square-feet ( residential floor space. These projects would add approximately 26,000 people area (based on 2.47 persons per dwelling unit). At buildout, air quality impacts be significant and unmitigated. Region-wide implementation of alternative m transportation will serve to reduce impacts. The ultimate residential development of the area to be mass graded would contn the significant cumulative air quality impacts. The increased emissions resulting € number of daily trips generated by the project would constitute an impedimen region's ability to attain the national ambient air quality standards. The San Dj Basin is a non-attainment area for ozone and particulates, and therefore, any inc these air pollutants is a cumulative significant air quality impact. -.- PC RESO NO. 3371 -12- I 2 3 4 5 6 7 8 9 lo 11 l2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 * e Finding: The ultimate development of the project area would contribute to unmiti significant cumulative air quality impacts. Impact: The realignment of Rancho Santa Fe Road and the mass grading would in the direct loss of 216.9 acres of Diegan costal sage scrub habitat and the potentiz of up to 14 pairs of California Gnatcatchers. Indirect impacts would result fragmentation of the habitat. Finding: Impacts to Diegan costal sage scrub habitat and the California gnatcatchf be mitigated to a level of less than significant with the implementation of the mitii program described in the biological discussion above. GROWTH INDUCING IMPAflS (EIR pg. 7-12) Impact: The incremental difference in growth of the project site under the pro project is small when compared to buildout of the site according to the General Plan LFMP for zone 11 & 12 of the City anticipate the development of this area. Finding: City ordinances will ensure that adequate public infrastructure is availa service this and adjoining properties as they develop. The project will not significant growth inducing impacts. B. Public Resource Code Section 21081 (b) The decisionmakers, having each reviewed and considered the information contai the Final EIR for the proposed Rancho Santa Fe Road Realignment and Mass G project and associated discretionary actions, and having reviewed and consider information contained in the public record, find that there are no changes or altei to the project that would substantially lessen the significant environmental impacts project that are the responsibility and jurisdiction of another public agency and be adopted by such other agency. C. Public Resources Code Section 21081 k) As discussed above, the EIR concludes that development of the project as proposed result in significant, unmitigated cumulative air quality impacts. However, pursi Public Resources Code Section 21081 (c), the decisionmakers, find that the fol independent economic, social and other considerations make infeasible each alternative identified in the EIR. The decisionmakers further find that each indep consideration, standing alone, would be sufficient to make infeasible the alternatives identified in the EIR. 1. Consideration of the six project alternatives must recognize the fea of attaining the proposed project's basic objectives. The six altermath Realign Rancho Santa Fe Road and defer mass grading; a. PC RES0 NO. 3371 -13- I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I' 17 18 19 2o 21 22 23 24 25 26 27 28 e 0 b. Realign Rancho Santa Fe Road with mass grading of developable consistent with the General Plan; Road widening in the existing alignment and defer proposed mass gr; Road widening in the existing alignment with mass grading of develc land consistent With the General Plan; Road widening in the existing alignment and mass grading for pro development; and c. d. e. f. No project. The improvement of Rancho Santa Fe Road to the standards of a prime arterial roi as a major component of the region's circulation system require a significant exper of economic resources. The project alternatives (#1 and #3) which defer mass g present untenable economic impacts because the lack of a realistic and feasible fi mechanism would preclude the City of Carlsbad from constructing the road. Altel: funding mechanisms have been reviewed by the City and have all been rejected various constraints which limit their effectiveness. ALTERNATIVE #1: REALIGN RANCHO SANTA FE ROAD AND DEFER PROF MASS GRADING Short term benefits from this alternative, as compared to the proposed project, include less impact to biological resources, air quality, erosion, sedimentation, c and historical resources and the possible opportunity to create a development p the adjacent property which could result in a more sensitive design. Howev long-term impacts from this alternative would be the same as the proposed projc would result in further delay in constructing the improved roadway due to the r ensure a feasible and viable development of the adjacent property. Therefoi alternative is not preferred over the proposed project even if it is environrr preferred. ALTERNATIVE #2: REALIGN RANCHO SANTA FE ROAD WITH MASS GRAD1 DEVELOPABLE LAND CONSISTENT WITH THE GENERAL, PLAN This alternative would cause similar or possible greater impacts to certain resourc would the proposed project. Specifically, impacts to earth resources, water res air quality and biological resources would be greater than the proposed project the grading of a larger area which would include all land currently designated RLM, C, and 0 consistent with the existing General Plan. In addition, this altc would lead to greater impacts from noise, light and glare to the adjacent develop( The grading of the project, to the extent of including all land designated RL, I and 0 consistent with the existing General Plan, would result in the loss of 1C of open space when compared to the proposed project. The advantage tl PC RES0 NO. 3371 -14- 1 2 3 4 5 6 7 8 9 10 11 12 l3 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 0 0 alternative has when compared to the proposed project is that its development a consistent with the existing General Plan and would therefore not require a Genera Amendment. However, the comparison in the EER of the proposed project's impai the General Plan and the recognition that the General Plan would be amended more detailed development proposals are submitted for the adjoining property, mal "advantage" meaningless. ALTERNATIVE #3: ROAD WIDENING IN THE EXISTING ALIGNMENT AND I: PROPOSED MASS GRADING This alternative is the most environmentally superior by providing short term adva due to a reduction in the impacts to biological resources and landform alte however, the long-term impacts would be the same as the proposed project. TI projected that this alternative would provide a savings of construction costs and impacts to erosion and sedimentation. However, the reduced flexibility by desigri road within the confines of the existing alignment may increase costs associate engineering. This increase in cost may offset the construction cost saving: alternative, by comparison to the project, as identified in the City's consideration road alignment in 1987, would result in increased noise impacts to the adjacent e residences. Furthermore, this alternative would delay the construction of the roi to the need to ensure adequate developable land to provide funding for the road alternative is not feasible due to this lack of a funding mechanism. ALTERNATIVE #4: ROAD WIDENING IN THE EXISTING ALIGNMENT WITH GRADING OF DEVELOPABLE LAND CONSISTENT WITH THE GENERAL PLM This alternative would result in similar impacts to the previous alternative, howe7 impacts associated with grading to the full extent of the RL, RLM, C, and 0 1; designations and the subsequent development of those General Plan areas waul( in greater impacts than the proposed project. The long-term impacts of this altf are greater than the proposed project in many of the areas, including earth res water resources, biological resources, light and glare, utilities and la alteratiodvisual quality due to the larger area to be graded. This alternati results in the loss of 102 acres of open space when compared to the proposed ALTERNATIVE #5: ROAD WIDENING IN THE EXISTING ALIGNMENT WITF GRADING FOR PROPOSED DEVELOPMENT This alternative would result in fewer short term impacts to biological resow to roadway construction, however, the long-term impacts of the mass grading u the same. As discussed above, the noise impacts from this alternative wc significant and the alignment would not be consistent with the action taken by in 1987. The impacts from the adjoining mass grading are comparable to the p project and the additional noise impacts on the existing residences do not jus alternative. ... PC RES0 NO. 3371 -15- I1 I. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 ALTERNATIVE #6: NO PROJECT This alternative would leave Rancho Santa Fe Road in its current condition. alternative would eliminate many of the environmental impacts associated wit proposed project, including the impacts associated with biological resources, resources, water resources, light and glare, and the destruction of cultural/hist resources. The impacts to the existing residences due to noise would increase ovei due to the increases in the amount of traffic on the existing road. Furthermori existing roadway would not be able to adequately handle projected traffic volumc could present a health and safety risk and could cause increased long-term air q impacts because traffic could not flow efficiently on the existing two-lane road. on these reasons, this alternative is not preferable to the proposed project. 2. Social considerations that make infeasible the construction of Alterr #3, #4 and #5 involve public health, safety and welfare issues that result from their adoption. These three alternatives involve wit Rancho Santa Fe Road in its existing alignment. The precise e: alignment does not provide sufficient flexibility to meet engineering criteria for future intersecting roads, including the intersections of R Santa Fe Road with La Costa Avenue and Melrose Street. The "No Project" alternative (#6) is an untenable alternative bec; would not provide any improvements to the existing road. Incr traffic volumes on the road and the issues associated with safety of th and long-term air quality impacts requires the City to facilitate a 1 which would result in the construction of the improved road witf next three to five years. The City of Carlsbad has adopted requirements for the provision of 1( moderate income housing units in all new development projects. requirements are needed to meet the City's obligation to provide h for low and moderate income families. The mass graded area inch the proposed project would ultimately be developed predominant new housing units, including low and moderate income units. Alter that would unduly delay the construction of low and moderate housing units would hinder the City's ability to provide this type of h Furthermore, alternatives that would delay the construction of ad( housing and office and commercial development would also de creation of additional employment opportunities in the City of C: Such delays would have an adverse impacts on the economic welfar City and its citizens. Other considerations that make infeasible Alternatives #2 and #4 the reduction in the amount of open space that would result fro adoption. Both alternatives could result in the loss of 102 acres space. This could result because the existing General Plan provides 3. PC RES0 NO. 3371 -16- , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 26 27 28 0 0 development of 102 acres that would be left in open space by the pro; project and the subsequent General Plan Amendment. The City Council has carefully and deliberately considered the opt alignment for Rancho Santa Fe Road. The City first considere realignment of the road in 1987 and appointed a Citizen's Commit review the available options for the road alignment. After very c consideration of all the options and the issues involved with each o the Committee recommended that an alternative alignment be implemi Their recommended alignment is essentially the same alignment i proposed project. The City and property owners in Zone 11 have conducted detailed plz studies of the alignment and have concluded that the alignment shc the proposed project is the optimum alignment from a constr perspective. Furthermore? these studies have reduced the mass gradin to the minimum that will financially support the construction of the To now reject the proposed project and select an alternative would r the City to commence again the planning process. The improvement of Rancho Santa Fe Road to the standards of a arterial requires a significant expenditure of economic resources. project alternatives (#1 and #3) which defer mass grading witha advantage of agreement for future development present untenable ecc impacts. The lack of that realistic and feasible funding mechanism preclude the City of Carlsbad from constructing the road. Altei funding mechanisms have been reviewed by the City and have a1 rejected due to various constraints which limit their effectiveness. STATEMENT OF OVERRIDING CONSIDERATIONS: Section 15093 of the CEOA Guidelines The decision makers, having reviewed and considered the information contained Final EIR, and having reviewed and considered the public record, find that the fol factors support approval of the project despite any significant impacts identified Final EIR and, therefore? make the following statement of Overriding Considerat The City of Carlsbad finds that the mitigation measures discussed in the CEQA fi when implemented? avoid or substantially lessen most of the significant effects idc in the EIR. Nonetheless? certain significant effects of the project on AIR QUALI' unavoidable even after incorporation of all feasible mitigation measures. With re these significant impacts, the City has balanced the benefits of the project agaj unavoidable environmental risks in approving the project. In this regard, the Ci that all feasible mitigation measures identified in the CEQA findings, have been i be implemented with the project, and any significant remaining effects are accepta to the following specific economic, social and other considerations. PC RES0 NO. 3371 -17- 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e a. The City finds that Rancho Santa Fe Road must be improved in ord protect the public health, safety and welfare of the citizens of Carlsbac the other users of this major regional facility. Reconstruction realignment of the roadway segment will improve its efficiency thc reducing potential future traffic hazards which could otherwise increa the number of trips on the road increases due to the population grow the region. Construction of this prime arterial road and associated infrastructure cost approximately sixty million dollars ($60,000,000) which the cannot afford. The City has investigated various methods for fundin construction of this major regional facility, including the use of funds the state and various County organizations. The City has determine( a public assessment district is the most fiscally sound and the mech which will provide the necessary funds within the shortest amount of The use of a public assessment district requires the City to assess prc which is, and will be, benefitted by the construction of the road. creation of the assessment district requires the identification of undevc real property in order to ensure an adequate increase in the assessed of the property in order to support the funding for the road. The prc available for assessment, and thus funding the construction of the r( the real property through which the road currently traverses. The proposed project will provide the necessary improvements to R Santa Fe Road and will provide the land development necessary to si the assessment for the road. The grading for the road and the development of the adjoining mass 2 property will have less environmental impact than comparable develo pursuant to the existing City General Plan Land Use Element. F development of the adjoining mass graded property (i.e., subdivisior and building permits) will require additional environmental review specifics of the design, location and infrastructure are identified phasing of the various stages of subsequent development will all1 further refinement of the environmental, social and economic issues the City must consider. This FEIR, as a program EIR for the subs projects, identifies the issues which must be addressed prior to the ax of other development entitlements for the property. Construction of the road is part of the Carlsbad General Plan, tht Facilities Management Plan (Zone 11) and the La Costa Maste: Construction of the road is an integral component of these documei as such is necessary for the orderly development of the City. The proposed grading and ultimate development of the graded area i result in more residential units in the area but will redistribute thc b. c. d. e. f. g. PC RES0 NO. 3371 -18- /I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e manner which will result in less environmental impacts than the grad the developable area allowed by the existing General Plan. The ultimate development of additional office and commercial space that contemplated by the existing General Plan, will provide social, CI and economic benefits to the residents of the City by providing ad& jobs and services in a location closer to their home. Furthermorc project will provide significant revenues to the City by way of sales t: property tax which will provide for City services. Upon completion of a subsequent General Plan amendment, it is antic that the project will provide 102 acres of additional General Plar space. Construction of the project may also include the construction of a recl water system which would assist the City and the water agencies area to more efficiently use their limited water resources and ens1 adequate water supply for the area's residents. The realignment of the road will lessen the existing and the future impacts on existing residents. The ultimate development of the property adjacent to the road will F for the housing needs of the City. The proposed project, unlike the alternatives which consider improvj road in its present location, provides the most flexibility to engineering design issues for future intersecting roads, includi intersection of La Costa Avenue and Melrose Street. Rancho Santa Fe Road is designated as a "regionally significant arte the 1990 Renional TransDortation Plan prepared by the San Association of Governments (SANDAG). This system is part of thr and highway network which provides for accessibility between comm within the region. The circulation analysis for the City's Local F; Management Plan for Zone 11 is based on the projected levels of r( traffic as well as locally generated traffic. The traffic analysis completed for the Rancho Santa Fe Road EIR COI that the roadway would operate at unacceptable levels of service ( with the existing 2-lane road in 1995 (pg. 5.8-6). Consequently, t improvement of the roadway is required to ensure that adequate 1t service are maintained. The Carlsbad Citywide Facilities and Immovements Plan was adoptec City to, "assure the elimination of the shortages of public facilities id( by the City Council to be detrimental to the public health, saft h. i. j. k. 1. m. n. PC RES0 NO. 3371 -19- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e welfare of the citizens of Carlsbad." (Citywide Facilities and Improve1 Plan, 9/16/86, pg. 2). With regard to circulation the plan provides No road segment or intersection in the zone nor any road segment or intersection out of the zone which is impacted by development in the zone shall be projected to exceed a service level C during off-peak hours, nor service level D the traffic generated by the local facility management zone will use the road segment or intersection. (pg. 40). during peak hours. Impacted means where 20% or more of The Local Facilities Management Plan-Zone 11 (LFMP) dated 1/ identifies a need to construct Rancho Santa Fe Road to Prime A standards by 1995. The LFMP also requires that a comprehensive fin: plan guaranteeing construction of Rancho Santa Fe Road to Prime A Standards be approved prior to the recordation of the first final map 7 Zone 11 (LFMP, pg. 19). The location, grading and ultimate construction of Rancho Santa FE has been studied by the City of Carlsbad for a number of year addition, the property owners have also considered the same issues planning for the development of their property. The decision regardi location of the roadway considered the potential impacts to e: residences in the area and the need to minimize the amount of g associated with the development to the surrounding vacant land. development of the surrounding land must be considered a likely re construction of the roadway due to the cost associated with this public improvement. The proposed project balances these many iss recognizing the appropriateness of relocating the road and amendi General Plan. roadway will ensure an increase in the value of the real property whi permit the funding of this expensive public improvement and associa frastructure of $60,000,000. adjoining property makes the proposed project the only feasible alter The construction of Rancho Santa Fe Road to prime arterial standar reduce future air pollution emissions by 6,507 lbs/day. This reductic result from a more efficient circulation system and less roadway cong This reduction will reduce cumulatively significant air quality impac regional basis. No further reduction in emissions are possible as a re the road widening project. 0. Furthermore, the grading of the land adjacent I The need to increase the value p. Conditions: 1. Refer to attached Exhibit A (Mitigation Measures) for all conditions, mit measures, and monitoring programs applicable to the Rancho Santa Ft realignment and mass grading. PC RES0 NO. 3371 -20- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 2. No grading, grubbing or scraping shall be done until any land requh mitigation by the mitigation plan for biological resources is secured 1 satisfaction of the City Attorney and Planning Director. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Pk Commission of the City of Carlsbad, California, held on the 18th day of March, 19 the following vote, to wit: AYES: Chairperson Erwin, Commissioners: Schlehuber, Schramm, H Savary, Noble & Hall. NOES: None. ABSENT: None. ABSTAIN: None. ‘zrl,2-,., TOM ERWIN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: . MICHAEL J. HOTZMIL%R PLANNING DIRECTOR PC RES0 NO. 3371 -21- .x \ *.f I /( 'C 0 0 e' -c I ORDER NO. 986023-1 EXHIBIT " y " LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNI COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: LOT 5 AND THE WEST HALF OF LOT 6 AND LOT 8 OF RANCHO LAS ENCINITF IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNI ACCORDING TO MAP THEREOF NO. 848, FILED IN THE: OFFICE OF THE COUP RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898. EXCEPTING THEREFROM THAT PORTION LYING WITHIN CARLSBAD TRACT 1 75-9(B) UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIE( STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF YO. 9959, FILED IN OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 31, 1 AND THAT PORTION LYING SOUTHERLY AND SOUTHWESTERLY OF THE SOUTHE BOUNDARY THEREOF. ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL MAP 13524, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE - CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN Dl COUNTY, OCTOBER 25, 1984 AS FILE NO. 84-40329:) OF OFFICIAL RECO€ AND THAT PORTION THEREOF LYING SOUTHERLY OF THE SOUTHERLY BOUNt THEREOF. ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY OF FOLLOWING DESCRIBED LINE: BEGINNING AT THE MOST EASTERLY TERMINUS OF THE CENTERLINE OF LA C AVENUE AS SHOWN ON HEREINBEFORE MENTIONED PARCEL MAP NO. 13; TH NORTH 55°00'00" EAST 200.89 FEET TO THE BEGINIJING OF A 1000.00 RADIUS CURVE NORTHWESTERLY: THENCE NORTHEASTERLY ALONG SAID CURV THE NORTHERLY LINE OF HEREINBEFORE MENTIONED LOT 5 OF RANCHO ENCINITAS. AFFECTS PARCEL NOS. 223-060-15, 223-060-49 AND 264-220-47. I PARCEL B: THE WEST HALF OF SECTION 32 AND A PORTION OF SECTION 31, ALL BE11 TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MER11 ACCORDING TO OFFICIAL PLAT THEREOF, ALL BEING IN THE CIT' CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. EXCEPTING THEREFROM THAT PORTION OF SAID SECTION 31 1 NORTHWESTERLY OF THE SOUTHEASTERLY BOUNDARY OF CARLSBAD TRACT PAGE 22 r \'IC n,( 0 0 ,+- I I 4 1 ORDER NO. 986023-1 72-20 (LA COSTA VALE) UNIT NO. 3, IN THE CITY OF CARLSBAD, COUNTY ( SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7951 FILED IN THE OFFICE OF THE COUNTY RECORVER OF SAN DIEGO COUNT JUNE 3, 1974. ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHEASTERLY OF T - FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF SAID WEST ONE HALF OF SA SECTION 32; THENCE SOUTH 89°5314211 EAST ALONG THE NORTH LINE OF SA WEST ONE HALF, 2689.53 FEET TO THE NORTHEAST CORNER THEREOF; THEN SOUTH OO"36'38" WEST ALONG THE EAST LINE OF SAID WEST ONE HAL 3120.35 FEET TO A POINT ON THE SOUTHWESTERLY EIGHT OF WAY LINE O€ 200.00 FOOT SAN DIEGO GAS AND ELECTRIC COMPANY EASEMENT IN BOOK 52( PAGE 399 OF THE OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY AND BE1 THE TRUE POINT OF BEGINNING: THENCE LEAVING SAID EAST LINE AND ALC SAID EASEMENT LINE, NORTH 64°1312311 WEST, 2226.43 FEET; THENCE SO1 72°0810011 WEST, 65.20 FEET TO A POINT ON A LINE, SAID LINE BE: 45.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANn3LES AND PARALLEL W: SAID SOUTHWESTERLY RIGHT OF WAY LINE OF 200.00 FOOT SAN DIEGO GAS i ELECTRIC COMPANY EASEMENT: THENCE NORTH 64'13'23" WEST ALONG Si PARALLEL LINE, 1583.36 FEET TO A POINT ON THE SOUTHEASTERLY BOUND( NORTH 64"13'23" WEST TO THE INTERSECTION WITH THE NORTHERLY LINE LINE OF SAID MAP NO. 7950; THENCE CONTINUING ALaONG SAID PARALLEL L -_ SAID SECTION 31, SAID INTERSECTION BEING THE POINT OF TERMINUS. ALSO EXCEPTING THEREFROM THAT PORTION LYING SOUTHWESTERLY OF ' FOLLOWING LINE: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID CARLSBAD TRACT 72-20 AS SHOWN ON MAP NO. 7950, SAID CORNER BEING A POINT ON THE OF A NON-TANGENT 1230.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY RADIAL TO SAID POINT BEARS NORTH 51°5410811 WEST; THENCE CONTINU ALONG THE SOUTHEASTERLY BOUNDARY LINE OF CARLSBAD TRACT NO. 72- THE FOLLOWING COURSES: NORTHERLY ALONG THE ARC OF' SAID CURVE THROUGH A CENTRAL ANGLE 14"34'46" A DISTANCE OF 312.99 FEET, NORTH 38'50103" EAST, 31.80 E TO THE BEGINNING OF A TANGENT 1480.00 FOOT RADIUS CURVE, CONC SOUTHEASTERLY: THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUC CENTRAL ANGLE OF 7°19t5711 A DISTANCE OF 189.40 FEET; THENCE NC 466101001t EAST, 1057.78 FEET TO THE TRUE POINT OF BEGINNING; THE LEAVING SAID SOUTHEASTERLY BOUNDARY LINE SOUTH 43"50'00" El 1685.42 FEET: THENCE SOUTH 53°3913211 EAST, 42.00 FEET TO A POIN'I THE ARC OF A- NON-TANGENT CURVE, CONCAVE NORTHWESTERLY A RADIAL 1 TO SAID POINT BEARS SOUTH 53'3913211 EAST: THENCE SOUTHWESTERLY AI SAID CURVE TO THE INTERSECTION WITH THE SCUTHERLY LINE OF : SECTION 31, SAID INTERSECTION BEING THE POINT OF TERMINUS. - PAGE 23 .I \\'kif, c 0 0- '2.8 I " 1 ORDER NO. 986023-1 ALSO EXCEPTING THE INTEREST CONVEYED TO THE COUNTY OF SAN DIEGO B DEED RECORDED FEBRUARY 16, 1967 AS FILE N3. 21426 OF OFFICIA RECORDS, LYING WITHIN THOSE PORTIONS DESCRIBED AS FOLLOWS: - PARCEL 66398-A: THAT PORTION OF SECTION 31, TOWNSHIP 12 SOUTH, RANGE 3 WEST, Sf BERNmDINO BASE AND MERIDIAN, LYING WITHIN A STRIP OF LAND 60 FEE WIDE, 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF ROI SURVEY NO. 454, A PLAT OF WHICH IS ON FILE IN THE OFFICE OF TI COUNTY ENGINEER, WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER BEI' DISTANT ALONG SAID NORTH LINE 721.98 FEET FRO14 THE NORTHEAST CORN OF SAID SOUTHEAST QUARTER, SAID POINT BEING ENGINEER'S STATION 1 PLUS 74.85, POINT ON A 1000 FOOT RADIUS CURVE:, I CONCAVE EASTERLY SAID CENTER LINE: THENCE ALONG SAID CENTER LINE AS FOLLOWS: SOUTHERLY ALONG SAID 1000 FOOT RADIUS CURVE, 36.54 FEET AND TANGE TO SAID CURVE SOUTH 7'22' EAST, 12.41 FEET TO THE TRUE POINT BEGINNING AND THE BEGINNING OF A 1200 FOOT RADIUS CURVE, THE CENT OF WHICH BEARS SOUTH 82'38' WEST FROM SAID POINT; THENCE LEAVING SA CENTER LINE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 71"50', A DISTANCE OF 1504.47 FEET TO ENGINEER'S STATION 210 PI 87.12 POINT OF TERMINATION ON THE CENTER LINE CF SAID ROAD SURVEY b 454. PARCEL 66398-B: THAT PORTION OF SAID SOUTHEAST QUARTER LYING SOUTHERLY OF PAR( 66398-A HEREINABOVE DESCRIBED, AND NORTHERLY OF SAID ROAD SURVEY 1 454. AFFECTS PARCEL NOS. 223-050-63 AND 223-050-64; 223-071-05 i 223-071-07. PARCEL C: THAT PORTION OF THE WEST HALF OF SECTION 32; AND THE NORTH HALF SECTION 31; AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER SECTION 30, ALL BEING IN TOWNSHIP 12 SOUTH, RANGE 3 WEST; TOGET WI?H THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, IN THE COUNTY OF SAN DIEGO, STATE CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED FOLLOWS : BEGINNING AT THE NORTHWEST CORNER OF SAID WEST HALF: THENCE SC 89'53'42'' EAST ALONG THE NORTH LINE OF SAID WEST HALF, 2689.53 I TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH 00'3613811 WEST AI THE EAST LINE OF SAID WEST HALF, 3120.35 FEET TO A POINT ON PAGE 24 , 4"kH 0 e 4 If '+- -< t ORDER NO. 986023-1 SOUTHWESTERLY RIGHT OF WAY LINE OF A 200.00 FOOT SAN DIEGO GAS Ab ELECTRIC EASEMENT, RECORDED APRIL 19, 1954 IN 800K 5208, PAGE 399 t OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY: THENCE LEAVING SAID EA: LINE AND ALONG SAID EASEMENT LINE, NORTH 64'13'23'' WEST, 2226.4 FEET: THENCE SOUTH 72"081001' WEST, 65.20 FEET TO A POINT ON A LINl SAID LINE BEING 45.00 FEET SOUTHWESTERLY MEASURED AT RIGHT ANGLES AI PARALLEL WITH SAID SOUTHWESTERLY RIGHT OF WAY LINE OF A 200.00 FOc SAN DIEGO GAS AND ELECTRIC COMPANY EASEMENT; THENCE NORTH 64'13'2 WEST ALONG SAID PARALLEL LINE, 1583.36 FEET TO A POINT ON T' SOUTHEASTERLY BOUNDARY LINE OF LA COSTA VALE UNIT NO. 3, IN THE CI OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING MAP THEREOF NO. 7950, FILED IN THE OFFICE OF THE COUNTY RECORDER SAN DIEGO COUNTY, JUNE 3, 1974; THENCE NORTH 31"00100" EAST ALC SAID BOUNDARY LINE, 45.19 FEET TO THE NORTHEAST CORNER OF SAID I" NO. 7950: THENCE NORTH 64"13'2311 WEST ALONG THE NORTHEASTEF BOUNDARY LINE OF SAID MAP NO. 7950, A DISTANCE OF 1326.91 FEE THENCE SOUTH 43"30'00" WEST 477.59 FEET TO THE BEGINNING OF A NC TANGENT 1720.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RAD1 LINE TO SAID POINT BEARS SOUTH 43°3010011 WEST: THENCE NORTHWESTET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°50'00'1 A DISTANCE 85.06 FEET: THENCE TANGENT TO SAID CURVE NORTH 43"40' WEST 445 FEET TO THE BEGINNING OF A TANGENT 455.00 FOOT RADIUS CURVE, CONCi SOUTHERLY: THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY AU SAID CURVE THROUGH A CENTRAL ANGLE OF 96"50'00" A DISTANCE OF 768 - FEET: THENCE TANGENT TO SAID CURVE SOUTH 39"3111001t WEST 153.51 F1 SOUTHEASTERLY: THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH CENTRAL ANGLE OF 08"59'38" A DISTANCE OF 122.44 FEET TO A POINT THE NORTHERLY BOUNDARY OF CARLSBAD TRACT NO. 72-20, UNIT NO. 2, THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORN ACCORDING TO MAP THEREOF NO. 7779, FILED IN THE OFFICE OF THE COU RECORDER OF SAN DIEGO COUNTY, OCTOBER 26, 1973: THENCE LEAVING S MAP NO. 7950 AND ALONG THE BOUNDARY OF SAID MAP NO. 7779, NON-TANG TO SAID CURVE NORTH 71'OO10O1~ WEST 269.16 FEET: THENCE NC 44'00'0011 WEST 965.00 FEET: THENCE NORTH 71"13123'1 WEST 276.62 FE THENCE SOUTH 77"46*509' WEST 290.25 FEET: THENCE NORTH 59"50'00" k 121.23 FEET: THENCE SOUTH 83°4010011 WEST 114.59 FEET: THENCE SC 14"40'00" WEST 230.00 FEET: THENCE SOUTH 28"201301g WEST 436.00 FT THENCE SOUTH 18*27'30'! EAST 218.11 FEET; THENCE SOUTH 25"03'28" 1 165.00 FEET: THENCE NORTH 64°56132t1 WEST 300.00 FEET: THENCE S( 00"24'131' WEST 110.03 FEET TO THE INTERSECTION WITH THE SOUTHWEST1 LINE OF THAT CERTAIN ioo.oo FOOT EASEMENT fro SAN DIEGO GAS ELECTRIC COMPANY, FILED IN THE OFFICE OF THE COUNTY RECORDER OF bIEG0 COUNTY, APRIL 19, 1954 IN BOOK 5208, PAGE 403 OF OFF11 RECORDS: THENCE LEAVING SAID BOUNDARY OF SAID MAP NO. 7779 AND A THE SOUTHWESTERLY BOUNDARY OF SAID EASEMENT NORTH 64 " 56' 32" WEST THE MOST SOUTHERLY CORNER OF CARLSBAD TRACT NO. 75-4 (LA Cc ESTATES NORTH), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, S OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8302, FILED IN THE OF OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 5, 1976; TH - TO THE BEGINNING OF A TANGENT 780.00 FOOT RADIUS CURVE, CONC, - PAGE 25 .I \\It& IC * e. 9 y.. % 1 ORDER NO. 986023- LEAVING SAID EASEMENT ALONG THE EASTERLY BOUNDARY THEREOF NOR 25"0312811 EAST 100.00 FEET: THENCE NORTH 03°021101t WEST 495.00 FEE THENCE NORTH 20'2511011 EAST 280.00 FEET: THENCE NORTH O5"3O10O1* WE 130.00 FEET: THENCE NORTH 36'5511011 EAST 345.00 FEET: THENCE NOR 52°15'0011 EAST 160.00 FEET TO A POINT IN THE I3OUNDARY OF PARCEL Y NO. 10179, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIE COUNTY, JUNE 27, 1980 AS FILE NO. 80-204502 OF .OFFICIAL RECORI THENCE LEAVING SAID BOUNDARY OF MAP NO. 8302 AND ALONG THE SOUTHEE BOUNDARY OF SAID PARCEL MAP NO. 10179, SOUTH 26"58'00" EAST 346 FEET: THENCE NORTH 89"43'111* EAST 880.46 FEET: THENCE SOUTH 42"13': EAST 281.25 FEET: THENCE SOUTH 49"46'54" EAS'T 170.00 FEET: THE1 SOUTH 42"4213011 EAST 530.00 FEET: THENCE NORTH 66"24'35" EAST 174 FEET: THENCE NORTH 89"58'20t1 EAST 145.00 FEET: THENCE NORTH 34"29' EAST 309.50 FEET: THENCE SOUTH 74"0012111 EAST 145.50 FEET; THE1 NORTH 41°27t0011 EAST 113.50 FEET: THENCE SOUTH 85"4414011 EAST 271 FEET: THENCE NORTH 31°57t1511 EAST 330.00 FEET: THENCE NORTH 47"25' EAST 129.10 FEET TO THE INTERSECTION WITH THE NORTHERLY LINE OF S SECTION 31: THENCE ALONG THE NORTHERLY BOUNDARY THEREOF NO 89"43'111' EAST 2607.74 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF SECTION 25 TOWNSHIP 12 SOUTH, RANG WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF LY SOUTHEASTERLY OF THE SOUTHEASTERLY BOUNDARY OF SAID MAP NO. 8302. EXCEPT THEREFROM THAT PORTION OF SAID LAND DESCRIBED AS ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COL OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL E THEREOF, DESCRIBED AS FOLLOWS: FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER SECTION 32; THENCE ALONG THE EASTERLY LINE OF SAID NORTHWEST QUARcl SOUTH 0°36t3111 WEST, 950.65 FEET; THENCE SOUTH 31°281501t WEST, 341 FEET: THENCE SOUTH 58°42'4911 WEST, 456.37 FEET; THENCE N( NORTH 0°36'311f EAST, 77.00 FEET: THENCE NORTH 89°23'2918 WEST, 35( FEET: THENCE SOUTH 0°3613111 WEST, 265.00 FEET: THENCE SOUTH 46'28 SOUTH 67°1012611 EAST, 76.69 FEET: THENCE SOUTH 89'23'29" EAST, 11( FEET: THENCE NORTH 78"04'47" EAST, 92.20 FEET TO A LINE WHICH BI SOUTH 0°36'3111 WEST FROM THE TRUE POINT OF BEGINNING; THENCE A SAID LINE, NORTH O"36'31" EAST, 263.00 FEET TO THE TRUE POINl BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBEI: 76"1212711 WEST 230.37 FEET TO THE TRUE POINT OF BEGINNING; TH] EAST, 68.28 FEET; THENCE SOUTH 55O28'26" EAST 34.95 FEET; THI FOLLOWS : A PAGE 26 e 0 I IC , \ '1 f i< k' 1 I.- . ORDER NO. 986023- FEE TITLE TO THAT CERTAIN PARCEL OF REAL PROPERTY LOCATED IN T' NORTHERLY HALF OF SECTION 32, TOWNSHIP 12 SOUTH, RANGE 3 WEST, S BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF S DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, MO - PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 32 ; THENCE ALC THE NORTH LINE THEREOF SOUTH 89°53'4211 EAST 496.36 FEET: THEN LEAVING SAID NORTH LINE SOUTH O"06'18" WEST, 210.00 FEET TO THE TF POINT OF BEGINNING: THENCE SOUTH 89'53'42'' EAST, 237.57 FEET TO 'I BEGINNING OF A 47-0 FOOT RADIUS CURVE, CONCAVE SOUTHERLY: THEb EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 36"03'42", A DISTANCE OF 295.82 FEET: THENCE TANGENT TO SAID CUI SOUTH 53"50'001' EAST, 386.84 FEET; THENCE SOUTH 35"24'00" WEST, 30 FEET: THENCE SOUTH 63"42'00'1 EAST, 424.18 FEET; THENCE SO1 76°4010011 EAST, 288.30 FEET: THENCE SOUTH OOoOO~OO1l WEST, 81.00 FE THENCE SOUTH 72"49f00'1 WEST, 288.60 FEET; THENCE NORTH 89"32' WEST, 628.00 FEET: THENCE SOUTH 87"0810011 WEST,, 618.80 FEET: THE NORTH 47"36'OOt1 WEST, 187.00 FEET; THENCE NORTH 2"5610011 EAST, 166 FEET: THENCE NORTH 20°0513011 EAST, 530.37 FEET TO THE TRUE POINT BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED FOLLOWS : A PARCEL OF LAND BEING A PORTION OF SECTION 31, TOWNSHIP 12 SOU RANGE 3 WEST, SAN BERNARDINO BASE AND MERIJIAN, IN THE CITY CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED FOLLOWS : COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 3 OF PARCEL MAP 10179 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DI COUNTY, STATE OF CALIFORNIA, BEING THE SOUTHEAST CORNER OF SECTION AS SHOWN ON SAID PARCEL MAP: THENCE SOUTH 89c4311111 WEST ALONG SOUTHERLY LINE OF SAID PARCEL 3, A DISTANCE OF 48.19 FEET TO A P( ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF ROAD SURVEY NO. 454, FILE IN THE OFFICE OF THE COUNTY ENGINEER OF !3AID SAN DIEGO COUI THENCE LEAVING SAID SOUTHERLY LINE AND ALONG SAID'RIGHT OF WAY I SOUTH 31O32'16'' WEST .247.14 FEET TO THE TRUE POINT OF BEGINN: THENCE LEAVING SAID RIGHT OF WAY LINE NORTH 89°43'11" EAST, 14! FEFT TO A POINT ON THE NORTHWESTERLY RIGHT OF WAY LINE OF PROP( RANCHO SANTA FE DRIVE: THENCE ALONG SAID NORTHWESTERLY RIGHT OF LINE SOUTH 12O22'42'' WEST, 22.51 FEET TO THE J3EGINNING OF A TAN( 1137 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWEST1 ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7'17'2; DISTANCE OF 144.68 FEET; THENCE LEAVING SAID NORTHWESTERLY RIGHY WAY LINE NORTH 69°00'00'' WEST, 172.47 FEET TO A POINT ON i SOUTHWESTERLY RIGHT OF WAY LINE: THENCE NORTH 31°3211611 EAST, 11 FEET TO THE TRUE POINT OF BEGINNING. PAGE 27 \\!t N o e- % I IC I .x C' I _. ORDER NO. 986023- AFFECTS PARCEL NOS. 223-071-09, 223-050-43, 223-050-49, 223-050-5 223-050-52, 223-050-53, 223-050-54, 223-.050-59, 223-050-6 223-010-31. PARCEL D: THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING OFFICIAL PLAT THEREOF. AFFECTS PARCEL NOS. 223-011-02, 223-011-03, 223-032-01 I 223-032-02. PARCEL DD: PARCELS 3 AND 4 OF PARCEL MAP NO. 10179, IN THE CITY OF CARLSB1 COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF ' COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 17, 1980 AS FILE I 80-204502 OF OFFICIAL RECORDS. TOGETHER WITH THAT PORTION DELINEATED AND DESIGNATED "NOT A PART" SAID PARCEL MAP. EXCEPTING THEREFROM THAT PORTION LYING WITH1 N CARLSBAD TRACT STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10243, FILED IN ' OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 20, 198 ALSO EXCEPTING THEREFROM THOSE PORTIONS LYING WITHIN CARLSBAD TR NO. 79-25(B) PHASE VI, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIE STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10820, FILED IN OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 13, 19 AND CARLSBAD TRACT NO. 84-23, IN THE CITY OF CARLSBAD, COUNTY OF DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11241, FI IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 1985. EXCEPTING THEREFROM THAT PORTION LYING WITHIN RECORD OF SURVEY 9182, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DI COUNTY, OCTOBER 28, 1982 AS FILE NO. 82-332144 OF OFFICIAL RECORDS ALSO EXCEPTING THEREFROM THAT PORTION OF SAIC PARCEL MAP NO. 10 LYING NORTHEASTERLY OF THE CENTERLINE OF THAT CERTAIN RIGHT OF WAY DESCRIBED IN DEED TO THE COUNTY, FILED IN THE OFFICE OF THE COU RECORDER OF SAN DIEGO COUNTY, APRIL 7, 1966 AS FILE NO. 58549 OFFICIAL RECORDS. - 79-25(B) UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIE1 - PAGE 28 " t I( , ~ 0 0 b. 1 -< 1 ORDER NO. 986023. AFFECTS PARCEL NOS. 223-010-12, 223-010-18, 223-010-19, 223-010-: 223-010-28, 223-010-29, 223-010-32, 223-*010-33, 223-010-: 223-010-35, 223-010-37; 223-011-04, 223-*011-05, 223-011-( 22 3 -02 1-08, 223-021-09, 223-021-10 , 223-021-11, 223-021- 223-021-15 AND 223-021-16; 222-150-13 AND 222-470-23. -- ,. c PAGE 29 0 0 c n P n 0 0 as - - - 0 0 0 0 sag, d i." 4 - E-l g93 2: s '0 gd pz H m 2 TJz z 0 53 t xz 2 =\ H c s= X 0 w - 0 c- 8 E$i g 3 8 8 gzg g E c $29 s" 5" s" s" s" g jg 6 ce 0 a a c B c B B B 8 8 0 P 5 s g 0 c_ i 2 0 c 0 - .- b I a "a - X X X X t2 $' ;i c isx - 68= 6 d s 'C &ti 3s 3Q3h 2% ZoGgx -52 2 u mm-ag 1 gu E CO~S~ "Q5 gar*- 5%mt *"I34 i:pg'. 2qoq 5=4% z35.e ',%i[l$ *- e&?: $3 :as a mccBg I:=$. szsp E a5j.f~ E. t~~~.j~ 3's g =o?.c& ap3 s:oa aocz .zap$ 5-f-a~ ;aV, 5s os-4 g.aa = =go al 2 48 5-3 is.-,= bOsf'a #Zs%d, bj -3 $31 rlf8q p1,l p. 1: =%*it a $fj 2 $* PZ fn ~~ppg~ 03 jggg7Ps ;;$E& 5 pp=B x-s.Oa.pp-3 2 0 3- zss.;z aaz .- a d 58s 9zSz c=ES 3ma=<$gu ='osm -5~*-~xg.g~,,u~ 3 -f6; q& #= a5-g n9 n ipm z?=.g sf, $3, g* n EHgri fBq ss F 11 LE I 874 25883- Em :a* I 3 gm*gg SqfHB c Jg ZU- 85'gda $#rnSSf fqzQ gap= = m&i BtE f $I$, 38 g$zzgp, 2,mP En= 6 i d - u 4 ZQ O3 &fi3 0 a-w 'ig 853 o-~~~~%%a~~ -- "'.jj %='- ' j9~~~p~~~~= +v!'f anEoiia ma 8 3; e; sa 9 E; ,cQ lz9 $8 a- so ;; $$ I": -cy ii e fg! 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ERRATA ............................................ x 1.0 INTRODUCTION ..................................... 1 2.0 EXECUTIVESUMMARY ............................... 2 3.0 PROJECT DESCRIPTION ............................... 3 4.0 ENVIRONMENTAL SETTING ........................... 4 . 5.0 ENVIRONMENTAL IMPACT ANALYSIS ................... 5 . 5.1 Earth ......................................... 5.1- 5.2 Air Quality ..................................... 5.2. 5.3 Water Resources ................................ 5.3- 5.4 Biological Resources .............................. 5.4- 5.5 Noise ......................................... 5.5- 5.6 Light and Glare ................................. 5.6- 5.7 LandUse ...................................... 5.7- 5.8 Traffic/Circulation ............................... 5.8- 5.9 Public Services .................................. 5.9- 5.10 Utilities ...................................... 5.10- 5.11 Landform Alteration/Visual Quality .................. 5.11- 5.12 Cultural/Historic Resources ....................... 5.12- 6.0 ALTERNATIVES TO THE PROPOSED PROJECT ............ 6- Realign Rancho Santa Fe Road and Defer Proposed Mass Grading .................................... 6-1 Realign Rancho Santa Fe Road With Mass Grading of Developable Land Consistent with the General Plan .................................... 6-' Road Widening in the Existing Alignment and Defer Proposed Mass Grading ...................... 6-1: Road Widening in the Existing Alignment With Mass Grading of Developable Land Consistent with the General Plan ................................ 6-1: 6.1 6.2 6.3 6.4 e 0 TABLE OF CONTENTS (continued) Section Pa€! 6.5 Road Widening in the Existing Alignment With Mass Grading for Proposed Development ................... 6-2 6.6 The No Project Alternative ......................... 6-2, 6.7 Summary ...................................... 6-2 7.0 OTHER ENVIRONMENTAL ISSUES ........................ 7- 7.1 Cumulative Impacts ............................... 7- 7.3 Impact Areas Considered But Not Found to be .......... 7-1 7.2 Growth-Inducing Impacts ........................... 7-1 7.4 Short and Long Term Environmental Changes ........... 7-1 7.5 Significant Irreversible Environmental Changes ........... 7-1. REFERENCES AND PERSONS RESPONSIBLE FOR PREPARATION OF THE ENVIRONMENTAL Potentially Significant 8.0 IMPACT REPORT .................................... 8- 9.0 RESPONSES TO COMMENTS ON THE DRAFT EIR .......... 9- 10.0 APPENDICES Appendix A: Appendix B: Mitigation Monitoring Checklist Appendix C: Appendix D: Appendix E: Appendix F: Appendix G: Appendix H: Appendix I: Notice of Preparation, Initial Study and Responses to NOP Supplemental Soil and Geologic Investigation by Geocon Incorporated Hydrology/Water Quality Report by Dudek & Associates Biological Assessment by Michael Brandman Associates Traffic Study by Wes Pringle and Associates Archaeological and Historical Survey by Roth and Associates Cultural Resource Survey of the La Costa Town Center, City of Carlsbad, California, by Recon Diegan Coastal Sage Scrub Habitat Conservation Plan (HCP) Work Program 0 0 Addendum em 0 0 ADDENDUM A final Environmental Impact Report (FEIR) for the Rancho Santa Fe Road Realignment and Mass Grading project was completed in January of 1992. An addendum has been prepared to clarify mitigation of biological resource impacts contained in the FEIR. Mitigation identified in the Final EIR is required to reduce significant environmental impacts to the Diegan coastal sage scrub habita and the California gnatcatcher caused by the project. The Mitigation Plan described in this addendum evolved from efforts to prepare a Habitat Conservation Plan (HCP) as part of a City-wide Habitat Management Plan (HMP). This addendum explains the process which led to development of the Mitigation Plan in its present form and includes an explanation of that plan. Purpose and Scope This addendum to the Environmental Impact Report (EIR) for the Rancho Sant Fe Road Realignment and Mass Grading (SCH # 90010850) is prepared in accordance with the California Environmental Quality Act (CEQA) Guidelines 15164. According to the CEQA Guidelines, the purpose of an addendum to an EIR is to comply with CEQA in situations in which the EIR requires "minor technical changes or additions that do not raise new important new issues about the project's significant effects on the environment, and where no factors are present that would require the preparation of either a subsequent or supplemental EIR (CEQA section 15164[a]. CEQA also states that "An addendum need not be circulated for public review, but can be included in or attached to the Final EIR" (CEQA section 15164[b], and that 'The decision- making body shall consider the addendum with the Final EIR prior to making a decision on the project" (CEQA section 15 1641~1. An addendum to the Final EIR for this project is appropriate because a preliminary Mitigation Plan has been prepared that identified on-site and off-site mitigation areas and funding of gnatcatcher studies that would implement the mitigation criteria listed in the Final EIR. The development of the Mitigation Plan requires modification to the section describing mitigation of impacts to biological resources in the Final EIR. At the time of the printing of the Final EIR, the City and the project applicant were seeking to develop a Habitat Conservation Plan (HCP) in conjunction with the U.S. Fish and Wildlife Service (USFWS) pursuant to a Memorandum of Agreement (MOA). The California Department of Fish & Game (DFG) is also involved in the effort to develop the HCP as a result of a separate MOA. The HCP would be a pre-listing agreement since the California Gnatcatcher has not been listed as an endangered or threatened species. Because the California Gnatcatcher is not presently listed as an endangered species under the Federal Endangered Species Act, an HCP is not required under Federal Law. vii e a The Final EIR anticipated that the implementation of the HCP would mitigate or reduce impacts to Diegan coastal sage scrub habitat and the California Gnatcatcher to a level of less than significant. Development of the HCP has not proceeded at the pace anticipated by the City. The project proponent has therefore proceeded with the development of a Mitigation Plan which satisfies the mitigation requirements set forth in the final EIR and which can be implemented within the foreseeable future. The addendum is included to fully explain the sequence of events leading to the current Mitigation Plan and the effects this has on the text of the EIR. The Mitigation Plan Development of the Mitigation Plan Development of the Mitigation Plan has been ongoing since the identification of impacts to biological resources during preparation of the Draft EIR. In the Biological Resources section of the Final EIR, under LEVEL OF SIGNIFICANCE, there is description of the appointment of a Habitat Conservation Plan Facilitation Team (see page 5.4-17 of the Final EIR and page xiv of the Errata). The Final EIR also includes a work program and time schedule for completing a preliminary Habitat Conservation Plan (see Appendix I). The Facilitation Team has been meeting weekly since January 7, 1992 to identifj and review candidate preservation actions that could be taken to minimize and mitigate impacts to the Diegan coastal sage scrub habitat and the California gnatcatcher. This identification and review process has taken longer than originally anticipated. The Facilitation Team is continuing to meet in an effort to develop a range of preservation actions that will be sufficient to meet the standards for a Habitat Conservation Plan. The meetings are expected to require several more weeks to finally determine if a range of actions can be developed that will allow the U.S. Fish & Wildlife Service to approve a pre-listing Habitat Conservation Plan (HCP). An HCP is likely to incorporate the measures included in the Mitigation Plan described in this addendum. In lieu of an HCP, the project proponents have designed a Mitigation Plan whic can be used to implement the mitigation requirements contained in the Final EIR. An HCP is an additional plan that may require mitigation measures different from those identified in the Mitigation Plan. While the Mitigation Pla recommended in this EIR reduces impacts to Diegan coastal sage scrub habitat, and the California gnatcatcher to a level of less than significant to meet the requirements of CEQA, an HCP will meet the provisions of the Federal Endangered Species Act (ESA) if the California gnatcatcher is subsequently listed. ... vlll 0 0 An Environmental Assessment (EA) or an Environmental Impact Statement (EIS) will be required under the provisions of the National Environmental Polic Act (NEPA) if an HCP is ultimately prepared, and additional environmental review will be necessary under the provisions of CEQA. A joint IS/EA or EIR/EIS can be prepared and adopted to satisfy the provisions of both CEQA and NEPA. Description of the Mitigation Plan The EIR for the Rancho Santa Fe Road and Private Grading Project identifies direct impacts to Diegan coastal sage scrub habitat totalling 217 acres, as well a the direct loss of 14 pairs of California gnatcatchers. Additional indirect impaci would also result from habitat fragmentation by the project. The mitigation required for impacts to the coastal sage scrub and California gnatcatcher are as follows: "If the proposed project is chosen, mitigation and/or compensation could be accomplished by a combination of onsite open space conservation preserves and offsite preserves which would conserve at a minimum the existing population levels of 22 pairs of California gnatcatchers and replace the approximately 217 acres of Diegan Coastai Sage Scrub gnatcatcher habitat being directly impacted. Because a specific mitigation plan has not been worked out at the time c preparation of this draft document, listed below are a set of criteria whic. the mitigation program shall have to conform to prior to approval of the project. If a combination of onsite and offsite gnatcatcher preservation areas are chosen, each preserve area shall be able to survive in perpetuit! on its own and the combined preserves shall meet the minimum requirement of preservation of 22 pairs of California gnatcatchers (at lest 8 pairs remaining onsite and 14 pairs offsite) and preserve a minimum of 217 acres of additional gnatcatcher habitat. It is recommended that a specific mitigation program be finalized prior to approval of the project, and made available for public review, if possible." Specific mitigation provisions presently contained in the Final EIR are describec on pages 5.4-17 through 5.4-22. The following Mitigation Plan consisting of two principal components and two additional alternatives is proposed to meet these mitigation criteria, and replaces the specific provisions presently contained in thc Final EIR. The first two are being proposed by The Fieldstone Company to preserve 15 to 16 gnatcatcher pairs, while the last two options can be combined to mitigate for the remaining 6 to 7 pair. 1. On-site preservation (8-9 pair). The project as proposed would retain habitat currently occupied by eight pair of California gnatcatchers in permanent open space. Additionally, areas of currently unoccupied habitat will be retained in permanent open space. Approximately 240 ix e 0 acres of Diegan coastal sage scrub habitat will be retained in open space on-site. If further redesign of the project for preservation of a movement corridor results in an increase in the number of pairs retained on-site, these pairs would be counted towards the total number of pairs preserved on-site, thus reducing the number of pairs needed for off-site preservation. For example, a preliminary assessment of potential redesign options indicates that one additional pair could be retained in open space by the incorporation of a movement corridor. Off-site preservation (9 pair). The 388-acre Konyn parcel and the 80-acre Alyea site are being proposed as off-site mitigation for a portion of the direct impacts to the California gnatcatcher. The Konyn site supports 255 acres of sage scrub, approximately 104 acres which are considered good quality breeding habitat, and the remaining 151 acres of sage scrub is considered good quality foraging and dispersal habitat. A total of 7 pair of gnatcatchers currently use the site. An additional 47 acres of disturbed grassland occurs on the property that could be restored to sage scrub vegetation. The Alyea site supports 80 acres of sage scrub and at lest two pair of gnatcatchers. Both properties adjoin each other. To mitigate the remaining 4 to 5 pair, some combination of the remaining two components will be implemented. The final options chosen will be based on that combination of measures that maximizes the biological value of the total mitigation package while retaining the economic viabilit! of the project. Off-site revegetation (4 pair). The 47 acres of disturbed grassland on the Konyn site is a result of previous agricultural activities on the site. Portions of this area have scattered remnants of sage scrub vegetation. This fact, and its location immediately adjacent to existing high quality sage scrub vegetation on gentle slopes with well drained soils that have not been disturbed below the A horizon of the soils, makes it an ideal candidate for sage scrub restoration. If this area is restored, it would provide a wide band of sage scrub adjacent to a narrow band of currently unoccupied habitat. Based on the location of the revegetation area adjacent to good quality breeding and dispersal habitat, it is assumed that up to an additional four pair of gnatcatchers could occupy site upon completion of the restoration plan. In addition to the Konyn property, other revegetation opportunities may be available in the San Pasqual Valley on public lands currently in a disturbed condition. The Fieldstone Company is pursuing the option of revegetating portions of these areas as part of the mitigation program. 2. 3. X a 0 4. Other off-site acquisition or project redesign (1 pair). Based on the three components outlined above, one additional gnatcatcher pair will be needed to mitigate this project. These will be provided by one of two ways. The first option is through additional acquisition of off-site open space, either within the vicinity of the Konyn property, or within the City of Carlsbad. The second option would be to redesign the project to preserve an additional pair on-site, In summary, the first two components of the mitigation program will result in the protection of 17 to 18 of the pair through on-site and off-site preservation. The remaining mitigation requirements for 4 to 5 pair will be mitigated through some combination of measures 3 and 4. xi 8 c3 3 R# $9 $$ P s E nZ 8s cq zg m 0 =z zu oQ)% ugi s 0 8% "& u3pp: 3 mGS2 8 \o v)w @ 0,s 5 v)m IZ 5 .3 ooz cL= %I) (0 32 52 a a0 LIY *E 000 f galf f 0 Y m a b .? 025 zgpp: 22 c3z fm N N m II br-44 ui Y Y .e 0 % -: c L gc 2 a .s LI 4 cr) .I?. -v s 8 9 Y 2 .z" q e, 9 ? E, % E .z a- g Y c v) b3 m 23 Q)& -g .z 0 aw 2.2 b Yf Y m&-8g v) a 0 g O2 Q) 0 8-i Y % 8 3 g*: p m *zs Q) x:ae, 0 82 c.8 pp:o 3, 7 a ?E v) 4 8 i ri vi+ L( v) - 8 Q) m 3 8 .I 0 v) E *- Yam c 0 .I Y 9 .- .- .* pp: 0 Y Q) .- Y cobl 3 - I) A 0 e Errati e! e e ERRATA Prepared on April 1, 1992 Page 2-2 The first paragraph should be modified as follows: "Based on these data and conclusions in this EIR, the City finds that the project w result in significant impacts to air quality d 4 which cannot be fully mitigate & Implementation of tf mitigation measures outlined in this document can reduce all other impacts to le: than significant levels. . . ). The remainder of the paragraph is unchanged. Page 2-4 The heading, "11. Significant Environmental Impacts That Can Be Avoided Or Mitigate Section 151269~) of the State CEQA Guidelines" should be placed above the Biologic: Resources entry in Table 2-1. The entry in the Residual Impact column for "Biological Resources" should be deleted. Page 2-8 The last line of the Potential Environmental Impact column for "Land Use" should b revised as follows: "..reduced in area by development and degraded in quality by grading." The last 5 lines of the Mitigation Measures column for "Land Use" should be revised a follows: "Space Map 3 consisten with the Open Space and Conservation Element, or revise gmdmg developmen plans to preserve open space on the City Map. .. Page 2-9 The 4th line of Potential Environmental Impact column for "Landform Alteration/Visual Quality" should be revised as follows: "of 3;6;37 8.357 cubic yards per acre; the" ... xlll 0 a Paye 3-4-12 The 4th line of the last paragraph should be revised as follows: "approximately 88.4 acres to 3449 345.2 acres, and increase of 290 percent. Of the Pave 5.4-13 The "Disturbed" and "TOTAL (ACRES)" entries should be changed as shown on th attached page 5.4-13. Pave 5-4.17 The first two paragraphs on the page should be revised as follows: .. The impacts of the proposed project on biological resources - : arc significant but mitigable. Impacts to the Diegan coastal sage scrub habitat and thc California gnatcatcher can be mitigated to a less than significant level through thc implementation of 2 the mitigatioi measures listed below. In addition to the mitigation measures a A Habita Conservation Plan Facilitation Team has been appointed to prepare an HCI consistent with the Memorandums of Agreement entered into by the U.S. Fish d Wildlife Service, Calfironia Department of Fish & Game, the City of Carlsbad anc the Fieldstone Companies. The work program and time schedule for completing preliminary Habitat conservation Plan is included in Appendix I to this EIR. If the H€P-k mitigation measures are not implemented, the impacts to the Diega coastal sage scrub habitat and the California gnatcatcher would not be mitigated tl a less than significant level. Consequently the project would result in significant an! unmitigated impacts and a Statement of Overriding Considerations would b required if the project, or any of the alternatives, is approved. Page 5.7-6 The Gross Acres column under the General Plan Amendment (GPA) section of the tablt should be changed as shown on the attached page 5.7-6. Pape 5.7-8 The last sentence of the first paragraph should be deleted as an incorrect statement. XiV .e Q Page 5.7-12 The 4th line of the first paragraph to be revised as follows: "..occur only with adjustment of the pdkg development plans to preserve the ope space on.." The 1st line of the second paragraph to be revised as follows: "..aforementioned Table 540, implementation.." Pape 5.7-13 The 6th line of the second paragraph should be revised as follows: "..developer(s) shall revise gmdmg develotlment plans to preserve open space.." Page 5.11-5 Page 5.11-5 in the Final EIR should be replaced with the attached pg. 5.11-5. Table 5.24 on this page in the Final EIR contains typographical errors. The "Road" and "Fieldstone" acreages should be changed as shown on the attached page The 3rd line of the second paragraph should be revised as follows: 5.11-5. "..fill. This equates to a grading ratio of approximately 7;676 8.357 C.Y. per acre.." Pape 5.11-6 1st Paragraph The City's Open Space and Conservation Element was amended following the preparation of the Draft EIR. Consequently the three quoted items do not reflect the current element. PaPe 6-2 (Table 6-11 The "Earth Resources" acreages should be changed as shown on the attached page 6-2. The reference to gnatcatchers across the line under Biological Resources should be changed to: "Significant but mitigated to a less than significant level with the implementation of a Mitigation Plan" xv 0 * Pace 6-4 (Table 6-11 The "Landform Alteration" acreages should be changed as shown on the attached page 6-4 Pape 6-5 (Table 6-22 The "Area" acreages should be changed as shown on the attached page 6-5. Page 6-9 The first line of the last paragraph should be changed as follows: "Potential erosion and sedimentation from leaving a graded 398 485 acre area.." Pape 7-9 The last two sentences of the last paragraph should be changed as follows: "Implementation of 1 Mitigation Plan wil rr&ga+e reduce impacts in the City to levels of less than significant. Cumulativc impacts will remain significant. w .. . . .. Page 7-11 The second and third lines of the last paragraph should be changed as follows: impact areas of water resources, biolom, noise, light and glare, ..." 11 .. 8, will be mitigable to levels of less than significant. Tht Pape 7-15 Biological Resources under the heading of SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES should be stricken. In addition, the last paragraph should be changed as follows: 'The impacts associated with these this impact area b discussed in detail in Sectior 5.2 .ftfta-5;4 of this EIR. 4 Pape 7-15 The last line on this page should be changed as follows: "significant 1 for the project site." xvi e 0 Page 9-1 The page numbering of Section 9.0 of the EIR, Responses to Comments on the Draft E11 is incorrect. Section 9.0 presently consists of pages 9-4 through 9.75. Pages 9-2 throul 9-16 have been removed and Pages 9-17 through 9-90 should be numbered 9-2 through 9-7 respectively, Page 9-66 The U.S. Fish & Wildlife Service have reviewed the responses to their comments submitte on September 23, 1991. The Service has requested clarification of certain responses. Tk following additional information is provided as requested by the U.S. Fish & Wildlii Service. ResDonse 5L (Dace 5-68): The mass grading is proposed to be accomplished in advanc of the actual development of the graded area for the following reasons. a. The grading plan provides for a balanced grading of the mass grading are which will necessitate moving volumes of earth across the existing ant proposed alignments of Rancho Santa Fe Road. The grading phasing p1a1 provides for moving this earth with a minimum of disruption to the traffic 01 either the existing or proposed alignments. If the mass grading were deferrec until after the construction of Rancho Santa Fe Road, a major disruption o traffic would result. As noted in paragraph 3 on pg. 3-1 of the Final EIR, the grading is requirec to ensure development within the Assessment District prior to roadwa! financing. The road construction project requires that the Assessment District be able to sell bonds to finance the construction of the road. Bond underwriters must ensure the development potential of the property included in the Assessment District. Furthermore, traditional bank financing i: unavailable to construct a regional public facility when the security for thai facility is unentitled land. The only binding mechanism available to ensure the development potential of the property is the issuance of a grading permit and actual grading of the area. The need to construct the realigned Rancho Santa Fe Road in the near-term is a result of the Local Facilities Management Plan requirements and the previous approval of development projects in the area. The construction activities will require staging and stockpiling areas within the mass grading area. Thus, portions of the mass grading area will have to be graded to accommodate the staging area for equipment and stockpiling of material. Further, roadbed material must be generated for the construction activity. Preliminary investigations indicates that suitable materials are located in the areas shown on Fig. 5-11 (pg. 5.5-5) of the EIR. These areas will be disturbed as a result of the need to generate roadbed materials. b. c. xvii 0 0 The construction period for the road will extend over a two to three year time period. Resuonses 5R/5U ( Papes 9-70/9-73): The mass grading operation will result manufactured slopes that would be subject to erosion and significant levels of downstrea siltation absent any erosion control. The Final EIR and responses note that a variety l mitigation measures will be implemented to reduce the level of erosion and siltation to less than significant level. This does not mean that erosion and siltation aft implementation of the mitigation measures will be totally eliminated, but that the r&du levels of erosion and siltation will not be significant. Response 5s (Page 9-72): Erosion control devices such as catchment basins are planne to be placed within the footprint of the mass grading area. Preliminary grading plans ar erosion control plans area being reviewed by the City Engineering Department and ai subject to further refinement to insure their compliance with City ordinances. No erosio or siltation impacts beyond those identified in the EIR are anticipated. Response 5BB (Page 9-76): Horned lizards and orange throated whiptails were nc observed during the three surveys of the project site. As noted in the response, the tw species may possibly occupy the site, but simply were not observable during the man surveys conducted on the property. If the species are present, the construction of the roac and mass grading could result in an adverse impact and contribute to cumulative impact on a regional basis. The development of the Habitat Conservation Plan for the Californi Gnatcatcher would provide a reasonable level of mitigation for the species. Response 5CC (Pace 9-79: Text Addition) The following text should be added to the Revised Grading Plan, Figure 9-3, "GradinP Plar prepared on April 23. 1992". Response 5DD/5EE (Pages 9-77/9-78): The ultimate development of the mass grade( area could result in indirect impacts to the Diegan Coastal Sage habitat and Californii Gnatcatcher that cannot be assessed at the Program EIR level of analysis. Potentia. impacts related to human occupation of the area may result in indirect impacts. Examples of such indirect impacts include occupants of the area entering the native vegetation are2 for recreational hiking activities, pesticide and erosion runoff, residential noises, light anc glare and household pets entering the native vegetation area. Fragmentation of the habitai would result from the mass grading and construction of Rancho Santa Fe Road, anc ultimately La Costa Avenue and Melrose Avenue. The effect of these indirect impacts could result in impacts to California Gnatcatchers beyond the 14 pair identified being impacted in the Final EIR. During subsequent environmental review these impacts can be more precisely identified and appropriate mitigation measures recommended. xviii 0 0 See Section 9.0 TABLE 5-9 Response 5W & 5X PLANT COMMUNITIES BEFORE AND AFER PROJECT IMPLEMENTATION Southern Mixed Chaparral Diegan Coastal Sage Scrub Annual Grassland Valley Needle Grassland Cottonwood Willow Riparian Xix e a Area (ac) Road 6S Mass Fieldst one 31 1 MAG. 72 TOTAL, 448 Cut in cubic yards (cy) Fill in cubic yar 899,000 996 ,ON 2,24 1,000 2,404,00( 704,000 797,00( 3,844,000 4,197,00( v E e 2.2. - g hi$&E n 3 c. -- - cw 5 0 m cn-uPuF 5 E 8gqsOs a Q CEC&?fE$ - - c.ol - 85 ~~p?~?!~ 2 2 Em 2 - 2 z" gsggggg z" z" $.E z" mm z g im Q, 2 W j e% 68 v) e ;,OLE ;$ % E--= .--uqTJ ~~SOSE s 0,2 *-J= z;E4czc> 0 a- zcDamww cu a iijg 2 .-E 0 E::M. w gf5,x3sg TI il Id 2e LL O::):i 7 .- v) f a"%(. v &A gg 3.5 Q w.gwz Pa EBb z 6.G -CD==U A 3 ?2 ..% - qi! 8 g P gqan 00 83&3@! 3 B Ma S"&d W e- E - 2. m .- - i gg ZZEE iz$g a i E v) w.c E - * w5; -- 2 py.-er 33 - --EE'IW 25 fa 85 Ea 85 &E g,Ea5: mr mz GE i7jsg=(rJ G€ GE * 0 w%z a5 85 35 8E S.S$Z ,E g,E3=5 i7jE iijSgg& i7j€ GE - 2 fn .- c 5% 2 cw c- a5 & 3=Se G Emgd $2 52 - gguag &:g 3 'E z" GE=== iiiE 3.p cw cw c.ca c.ca E$ i+j E=.- fiZ# 5 c. a '5s no n 5gG.g~ - *-Erne -c cw cw cw cn Em E=.- 5 ~m sm c .- c.e c.9 a.= 0.z - kj g:52 -m$* 3 n - c 2 m- sg 0- -* 2 ze; 33 Ea EB "k9-Z-S or 33 8E b%,re 0 i+j gs sta fE-a.Zjj El8 Em =.g &E I QZ c .- c .P c.9 m.= 0' ZE Gsgz& iijE i7jE v) - .t 01 E z x26 a c 3 g ,m bVJ= g 8gnzz G fcQco - =@.ea-€ C.P -'E cg5-5 2 Ew E= 3% s.$ mg.= 01 L 0)c 01 z" iii~E%=g i7jE 3.e u) 0 -it? c. 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I. RECOMMENDATION That the Planning Commission ADOPT Resolution No. 3371 recommending CERTIFICATION of EIR 91-1 based on the findings and subject to the conditions contained therein including a statement of overriding considerations. 11. PROJF,CX DESCRIPTION The primary objective of the project is the relocation of Rancho Santa Fe Road to the east of its present alignment and its reconstruction to prime arterial standards, 6 lanes within a 126 foot right-of-way, from La Costa Avenue to the existing Melrose Avenue. Funding for the road will be accomplished through the formation of a 2,210 acre assessment district. It will be the future development within the assessment district boundaries that will ultimately be the source of funds for the road. Therefore, the secondary objective of the project is to perform mass grading which will accommodate future development. Within the 768 acre project site, 65 acres will be graded for the construction of the road and 383 acres will be graded in anticipation of development. The project's total graded area is 448 acres. 111. BACKGROUND Rancho Santa Fe Road was originally constructed by the County of San Diego along an eastern alignment similar to the existing bypass alignment (Fig. 1). In 1972 what is now @ AP 0 EIR 91-1 - RANCHO S LA L E ROAD REALIGNMENT AND MASS L-ADING MARCH 18, 1992 PAGE 2 the La Costa portion of the city was annexed to Carlsbad. The road was designated in the City's General Plan as a Major Arterial. When the La Costa Vale subdivision was constructed, the road was moved to the west and constructed as a two lane road along the existing alignment to serve the new development. In 1984, Rancho Santa Fe Road was upgraded in the General Plan Circulation Element to a Prime Arterial due to new traffic projections which showed a need for more capacity. As the only north-south road east of El Camino Real and west of 1-15, SANDAG designated the road as "Regionally Significant". In 1986 the City of Carlsbad adopted the Growth Management Plan which mandates acceptable levels of service for roads and other public facilities. The Plan requires funding for Rancho Santa Fe Road (RSF) and other specified facilities to be borne by new development to maintain the adopted performance standards. No construction beyond grading can occur Within LFMP Zones 11, 12, and a portion of 6 until RSF is financed. That same year residents of the La Costa Vale subdivision petitioned the City to move Rancho Santa Fe Road back to the original alignment. The petition was based on safety issues and the future noise impacts to their homes from RSF as a 6 lane road. As a response to the petition the City commissioned a series of three traf'fic studies and appointed a citizens committee to study alternative alignments. The "canyon alignment", which is part of the proposed project, was the preferred alignment by the City Council in 1987. Iv. ANALYSIS ENVIRONMENTAL IMPACI' REPORT Backmound The project analyzed in the Environmental Impact Report is the realignment and construction of Rancho Santa Fe Road as a prime arterial and 383 acres of grading in anticipation of future development. In addition, as a program EIR, the document has analyzed potential impacts which could result from a subsequent General Plan and La Costa Master Plan amendment as well as the future development of those land use designations. Per the City of Carlsbad Title 19, the action the Planning Commission will be taking at this time will be on a recommendation to the City Council of certification of the Final Environmental Impact Report (FEIR). Certification signifies that the FEIR has been completed pursuant to the provisions of California law, and that the Planning Commission and City Council will review its contents prior to consideration of the project. Further development of the site (i.e. Tract Maps, Site Development Plans, etc.) will require additional environmental and discretionary review by the Planning Commission. EIR 91-1 - RANCHO S AI@- E ROAD REALIGNMENT AND MAS 9 u-ADING MARCH 18,1992 PAGE 3 The Environmental Impact Report (EIR) has been prepared pursuant to the California Environmental Quality Act (CEQA) and Title 19 of the Carlsbad Municipal Code. It serves as the compliance document by the City of Carlsbad in determining whether to issue one or more Hillside Development Permits (HDP) for the project. As an administrative action the City Engineer would subsequently issue a grading permit to carry out the project under the HDP. An Environmental Impact Assessment was completed and City Staff determined the need for the preparation of an EER. The following areas had the potential of being adversely impacted by the implementation of the road project: Earth Resources; Air Quality; Water Resources; Noise; Light and Glare; Land Use; Traffic/Circulation; Public Services; Utilities; Landform AlteratiorUVisual Quality; and Cdtural/Historic Resources. The analysis of the impacts to these areas as a result of the project were compiled in the form of a Draft EIR. The Draft EIR was released for public review and comments were received from the United States Fish and Wildlife Service, California Department of Fish and Game, The Fieldstone Company, MAG Properties, and the City of San Marcos. The comments were reviewed and responses prepared and included into the text of the Draft EIR thereby creating the Final EIR (FEER). The FEIR was then made available for public review prior to the public hearings. ALTERNATIVES CEQA requires the discussion and analysis of a range of reasonable alternatives to the project, or to the location of the project, which could feasibly attain the basic objectives of the project, and evaluate the comparative merits of the alternatives. The Planning Commission will make a recommendation to the City Council for action on the FEIR which will include the recommendation to go forward with the project as proposed or one of the six alternatives discussed in the FEIR. The feasibility of each alternative will be based on findings pursuant to Public Resources Code Section 21081 (c). (A discussion of these findings appears on page 19 of this report.) The six alternatives are: 1. Realism Rancho Santa Fe Road and defer mass madinq This alternative is identical to the project which is recommended for approval, however it would only involve realignment of Rancho Santa Fe Road and defer the adjoining mass grading to a later date. Realism Rancho Santa Fe Road with mass wading of developable land consistent with the General Plan This alternative would also realign Rancho Santa Fe Road to the location shown on the plan recommended for approval, however, the adjoining mass 2. EIR 91-1 - RANCHO S A@ ..E ROAD REALIGNMENT AND MAS !R .ADING MARCH 18,1992 PAGE 4 grading would be expanded by approximately 102 acres to include all land Plan Land Use Element. Road wideninn in the existinn aliment and defer moposed mass mading Under this alternative Rancho Santa Fe Road would be left approximately in the existing alignment (abutting the La Costa Vale subdivision and widened in conformance with City Standards to a six lane arterial from its present 2 lane configuration) and the adjoining mass grading which would remain within the limits defined by the project would be deferred to a later date. Road widening in the existing aliment with mass mading of developable land consistent with the General Plan Under this alternative Rancho Santa Fe Road would be widened in conformance with City Standards to a 6 lane prime arterial in the approximate existing alignment. The adjoining mass grading would be expanded by approximately 102 acres to include all land designated as RL, RLM, C, and 0 in accordance with the existing General Plan Land Use Element. Road widening in the existinn aliment and mass nradinn for DroDosed develoDment Under this alternative Rancho Santa Fe Road would be widened in conformance with City Standards approximately in the existing alignment, and the adjoining mass grading would remain within the limits defined by the project which is recommended for approval. designated as RL, RLM, C, and 0 in accordance with the existing General 3. 4. 5. 6. No project. This alternative would leave Rancho Santa Fe Road in its current condition and no grading of adjacent lands would occur. Alternatives ImDact ComDarison ALTERNATIVE #1: REALIGN RANCHO SANTA FE ROAD AND DEFER PROPOSED MASS GRADING Short term benefits from this alternative, as compared to the proposed project, would include less impact to biological resources, air quality, erosion, sedimentation, cultural and historical resources and the possible opportunity to create a development plan for the adjacent property which could result in a more sensitive design. However, the long-term d 0 EIR 91-1 - RANCHO SAN L*E ROAD REALIGNMENT AND MASS GimING MARCH 18,1992 PAGE 5 impacts from this alternative would be the same as the proposed project and would result in further delay in constructing the improved roadway due to the need to ensure a feasible and viable development of the adjacent property. Therefore, this alternative is not preferred over the proposed project even if it is environmentally preferred. ALTERNATIVE #2: REALIGN RANCHO SANTA FE ROAD AND MASS GRADE DEVELOPABLE LAND CONSISTENT WITH THE EXISTING GENERAL PLAN DESIGNATIONS This alternative would cause similar or possible greater impacts to certain resources than would the proposed project. Specifically, impacts to earth resources, water resources, air quality and biological resources would be greater than the proposed project due to the grading of a larger area which would include all land currently designated as RL, RLM, C, and 0 consistent with the existing General Plan. In addition, this alternative would lead to greater impacts from noise, light and glare to the adjacent developed land. The grading of the project, to the extent of including all land designated RL, RLM, C, and 0 consistent with the existing General Plan, would result in the loss of 102 acres of open space when compared to the proposed project. advantage that this alternative has when compared to the proposed project is that its development area is consistent with the existing General Plan and would therefore not require a General Plan Amendment. However, the comparison in the EIR of the proposed project's impacts on the General Plan and the recognition that the General Plan would be amended when more detailed development proposals are submitted for the adjoining property, make this "advantage" meaningless. ALTERNATIVE #3: ROAD WIDENING IN THE EXISTING ALIGNMENT AND DEFER PROPOSED MASS GRADING This alternative is the most environmentally superior by providing short term advantages due to a reduction in the impacts to biological resources and landform alteration, however, the long-term impacts would be the same as the proposed project. The EIR projected that this alternative would provide a savings of construction costs and fewer impacts to erosion and sedimentation. However, the reduced flexibility by designing the road within the confines of the existing alignment may increase costs associated with engineering. This increase in cost may offset the construction cost savings. This alternative, by comparison to the project, as identified in the City's consideration of the road alignment in 1987, would result in increased noise impacts to the adjacent existing residences. Furthermore, this alternative would delay the construction of the road due to the need to ensure adequate developable land to provide funding for the road. This alternative is not feasible due to this lack of a funding mechanism. The EIR 91-1 - RANCHO S AI'@ A J?, ROAD REALIGNMENT AND MAS @ .&ING MARCH 18,1992 PAGE 6 ALTERNATIVE #4: ROAD WIDENING IN THE EXISTING ALIGNMENT WITH MASS GRADING OF DEVELOPABLE LAND CONSISTENT WITH THE GENERAL PLAN This alternative would result in similar impacts to the previous alternative, however, the impacts associated with grading to the full extent of the RL, RLM, C and 0 land use designations and the subsequent development of these General Plan areas would result in greater impacts than the proposed project. The long-term impacts of this alternative are greater than the proposed project in many of the areas, including earth resources, water resources, biological resources, light and glare, utilities and landform alteration/visual quality due to the larger area to be graded. This alternative also results in the loss of 102 acres of open space when compared to the proposed project. ALTERNATIVE #5: ROAD WIDENING IN THE EXISTING ALIGNMENT WITH MASS GRADING FOR PROPOSED DEVELOPMENT This alternative would result in fewer short term impacts to biological resources due to roadway construction, however, the long-term impacts of the mass grading would be the same. As discussed above, the noise impacts from this alternative would be significant and the alignment would not be consistent with the action taken by the City in 1987. The impacts from the adjoining mass grading are comparable to the proposed project and the additional noise impacts on the existing residences do not justify this alternative. ALTERNATIVE #6: NO PROJECT This alternative would leave Rancho Santa Fe Road in its current condition. This alternative would eliminate many of the environmental impacts associated with the proposed project, including the impacts associated with biological resources, earth resources, water resources, light and glare, and the destruction of cultural/historical resources. The impacts to the existing residences due to noise would increase over time due to the increases in the amount of traffic on the existing road. Furthermore, the existing roadway would not be able to adequately handle projected traffic volumes and could present a health and safety risk and could cause increased long-term air quality impacts because traffic could not flow efficiently on the existing 2-lane road. Based on these reasons, this alternative is not preferable to the proposed project. Alternatives Discussion Social considerations that make infeasible the construction of Alternatives #3, #4 and #5 involve public health, safety and welfare issues that would result from their adoption. These three alternatives involve widening Rancho Santa Fe Road in its existing alignment. The precise existing alignment does not provide sufficient flexibility to meet engineering design criteria for future intersecting roads, including the intersections of Rancho Santa Fe Road with La Costa Avenue and Melrose Street. EIR 91-1 - RANCHO S a. E ROAD REALIGNMENT AND MAS d LADING MARCH 18,1992 PAGE 7 The "No Project" alternative (#6) is an unacceptable alternative because it would not provide any improvements to the existing road. Increasing traffic volumes on the road and the issues associated with safety of the road and long-term air quality impacts requires the City to facilitate a process which would result in the construction of the improved road within the next three to five years. The City of Carlsbad has adopted requirements for the provision of low and moderate income housing units in all new development projects. These requirements are needed to meet the City's obligation to provide housing for low and moderate income families, The mass graded area included in the proposed project would ultimately be predominantly developed with new housing units, including low and moderate income units. Alternatives that would unduly delay the construction of low and moderate income housing units would hinder the City's ability to provide this type of housing. Furthermore, alternatives that would delay the construction of additional housing and office and commercial development would also delay the creation of additional employment opportunities in the City of Carlsbad. Such delays would have an adverse impact on the economic welfare of the City and its citizens. Other considerations that make infeasible Alternatives #2 and #4 include the reduction in the amount of open space that would result from their adoption. Both alternatives could result in the loss of 102 acres of open space. This could result because the existing General Plan provides for the development of 102 acres that would be left in open space by the proposed project and the subsequent General Plan amendment. The City Council has carefully and deliberately considered the optimum alignment for Rancho Santa Fe Road. The City first considered the realignment of the road in 1987 and appointed a Citizen's Committee to review the available options for the road alignment. After very carefbl consideration of all the options and the issues involved with each option, the Committee recommended that an alternative alignment be implemented. Their recommended alignment is essentially the same alignment as the proposed project. The City and property owners in Zone 11 have conducted detailed planning studies of the alignment and have concluded that the alignment shown in the proposed project is the optimum alignment from a construction perspective. Mass grading has been reduced to a minimum area that will financially support the construction of the road. Selection of an alternative would require further detailed study by the City. The improvement of Rancho Santa Fe Road to the standards of a prime arterial requires a significant expenditure of economic resources. The project alternatives (#1 and #3) which defer mass grading without the advantage of agreement for future development present untenable economic impacts. The lack of that realistic and feasible funding mechanism would preclude the City of Carlsbad from constructing the road. Alternative EIR 91-1 - RANCHO S Ad!. E ROAD REALIGNMENT AND MAS e ,,&ING MARCH 18, 1992 PAGE 8 funding mechanisms have been reviewed by the City and have all been rejected due to various constraints which limit their effectiveness. Project alternatives must also consider the need for the future construction of La Costa Avenue and Mehose Avenue Within the project area. Both of these are Circulation Element roads and are included in the Local Facilities Management Plan. Regardless of the alignment selected for Rancho Santa Fe Road, La Costa Avenue and Melrose Avenue will have to be constructed to complete the City's circulation network, as well as the regional network. Both roadways pass through sensitive biological areas (inen Diegan Coastal Sage Scrub habitat) and would result in impacts to these resources. Because of the infeasibility of the alternatives staff requests that the Planning Commission recommend that the project which incoprates mitigation measures be approved for implementation. A history of the planning process that led to the selection of the proposed project is attached as Attachment A. INSIGNIFICANT IMPACTS The final EIR for the Rancho Santa Fe Road Realignment and Mass Grading project concluded that the project would not have significant adverse impacts in the following areas (numbers refer to the page(s) of the EIR where the issue is discussed): 0 HosDitals As discussed in the EIR (pgs. 5.9-9, 10) the current availability of hospital services would not be adversely impacted by this project. e Natural Resources As noted in the Initial Study (Appendix A of the EIR), no natural resources are present in the project area. Risk of Upset As noted in the Initial Study (Appendix A of the EIR), no hazardous materials are, or would be, present on the project site. EIR 91-1 - RANCHO S AI@- L ROAD REALIGNMENT AND MAS 51, u-A~ING MARCH 18,1992 PAGE 9 0 Powlation The project would not increase the residential density of the project area as shown on the General Plan Land Use Map. However, the ultimate development of the area would increase existing population levels. 0 Housing The project would not create a demand for additional housing. 0 = No substantial energy usage will occur as a result of the project. 0 Human Health No hazardous conditions would exist at, or near, the project site. 0 Recreation No adverse effect on recreational facilities would occur because the City's Local Facilities Management Program coordinates the development of recreational facilities with residential development. 0 Law Enforcement Provisions of the Public Facilities Element of the General Plan ensure that adequate law enforcement would be available prior to buildout of the project area. Libraries The Local Facilities Management Plan contains performance standards that ensure library space would be available consistent with development activities. SIGNIFICANT BUT MITIGABLE IMPACTS EARTH RFSOURCES (EIR pg~. 5.1-1 through 10) ImDact: Implementation of the project will require the mass grading of approximately 448 acres of mostly undeveloped land extending noWsouth along Rancho Santa Fe Road. The terrain is rolling, with occasional steep slopes and canyons. Drainage is conveyed by tributaries to San Marcos Creek in the northwest portion of the site, and Enchitas Creek in the southern extent of the site. EIR 91-1 - RANCHO S AN@. d ROAD REALIGNMENT AND MAS @ u,,IDING MARCH 18,1992 PAGE 10 Grading for the project will occur over a smaller area than grading needed for development to the full extent of the RL, RLM, C, and 0 land use designations of the existing General Plan, thus lessening the impacts to Earth Resources. The grading of land adjacent to the roadway is necessary to ensure an increase in the value of the adjoining land, in order to permit the financing of the road. Findhns: Mitigation measures are included on pgs. 5.1-9 and 10 of the EIR and would become conditions of project approval. These measures were prepared by the consulting Geologic Engineer and address blasting and filling operation, seismic hazards, erosion control measures and landslide remediation. Requirements of the Uniform Building Code, the City's Hillside Development Ordinance and Grading Ordinance would be included in the project review and approval of the grading plans, the grading permit and subsequent development approval. Mitigation Measure #4 (pg. 5.1-9) has been modified to state that the applicant shall adhere to the grading restrictions set forth in the La Costa Master Plan or any amendments thereto. No grading shall occur between October 1 and April 15, except when special measures can be taken to control siltation. This shall be met to the satisfaction of the City Engineer. The mitigation measures would reduce impacts to a level less than significant. WATER RESOURCES (EIR pgs. 5.3-1 though 7) Impact: The project site is located in the watersheds of the San Marcos Creek and Enchitas Creek. Surface runoff from the project site ultimately enters either San Marcos Creek or Enchitas Creek which meet at the Batiquitos Lagoon in the City of Carlsbad be- fore entering the Pacific Ocean. Erosion and sedimentation impacts during the grading and construction period would be short-term, after storm events only, and would be potentially significant. Diversion of drainage flows could occur during grading operation temporarily and artificially increasing flows in adjacent tributaries or watersheds. Grading of the projects 448 acres will cause fewer significant impacts due to flooding and drainage than grading 550 acres to the full extent of the RL, RLM, Cy and 0 land use designations of the existing General Plan. Findings: Implementation of the measures contained in the geotechnical evaluation, the City's Grading, Clearing and Grubbing Policy, Grading Ordinance and Landscape Manual would minimize erosion and provide for a comprehensive maintenance program for erosion control and drainage facilities. The Stanley Mahr reservoir spillway capacity would be maintained and no additional runoff into the reservoir would result from the approved grading plans. Conditions of approval would include the preparation of a hydrology study for San Marcos Creek and the recommendations of the consulting bridge engineer. The south-central trending drainage channel would be maintained in a natural vegetated condition as a "best management practice" consistent with RWQCB Order Number 90-42. EIR 91-1 - RANCHO SaL d ROAD REALIGNMENT AND MAS&DING MARCH 18,1992 PAGE 11 The mitigation measures would reduce impacts to a level less than significant. BIOLOGICAL RES0LJRCF.S Impact: Grading of the project will result in a disturbance of existing vegetation cover owing to the realignment of the road and the mass grading. The amount of disturbed area within the project site would change from approximately 88.4 acres to 369.5 acres. This will result in both direct and indirect impacts to plants and animals. Several sensitive habitats, including Diegan coastal sage scrub, cottonwood-willow riparian and oak riparian, would be impacted by the project. Up to 14 pairs of the 22 pairs of California Gnatcatchers on the project site may be adversely impacted or lost. Indirect impacts would mainly result from habitat fragmentation and a residual amount of downstream siltation. Findings: Onsite mitigation would include the dedication of an area of Diegan coastal sage scrub of a size, configuration and topography large enough to support a minimum size of 8 pairs of California Gnatcatchers in perpetuity. Specific criteria to be considered in the selection of the area to be dedicated are listed on page 5.4-18 of the EER. The mitigation of biological impacts as set forth in the EIR is adequate and complies with the criteria, to provide: 1. Onsite mitigation 2. Offsite mitigation 3. Contribution to funding for planning local, sub-regional and regional conservation plans, and funding a directed life history study for the California Gnatcatcher. Mitigation which meets the criteria and is in accord with mitigation measures set forth in the EIR will not appreciably reduce the likelihood of the survival and recovery of the Gnatcatcher and other Species of Concern in the wild. Based on the best available information, the project, and a Mitigation Plan minimizes to the maximum extent practicable, the impacts on Scrub Habitat and the Species of Concern. The project will also contribute to the approximately 3,800 residential units and 60 acres of commercial development which are necessary to provide the approximately $60,000,000 which will be necessary to finance the roadway infrastructure improvements in this area. Other mitigation measures include modifving the proposed project grading to preserve 100% of the "dense" area of San Diego goldenstars and a minimum of 75 percent of the "sparse't area of San Diego goldenstars, and applying for and obtaining, if required, a Clean Water Act, Section 404 permit and a Section 1600-1603 agreement. The mitigation measures listed in the EIR, if approved by the City Council and then implemented, would reduce impacts to a level of insignificance. The mitigation plan will add considerable cost to the Rancho Santa Fe Road project and assessment district. If it EIR 91-1 - RANCHO S AN(). d ROAD REALIGNMENT AND MAS @ *&ING MARCH 18,1992 PAGE 12 is determined that these costs are prohibitive and the mitigation plan is not approved and implemented, impacts to biological resources would not be mitigated to a level of insignificance. The City has entered into the Memoranda of Agreements (MOA'S) with the U.S. Fish and Wildlife Service (F'WS) and State Department of Fish and Game (DFG) for the development of a multi-species, Citywide Habitat Management Program (''HMP''), and, as part of that program, for the development of a Habitat Conservation Plan ("HCP") for the conservation of Scrub Habitat and Species of Concern. The MOAS contemplate that the species covered will be addressed as if they were listed as "endangered" under the Endangered Species Act (ESA) and the California Endangered Species Act (CESA), and that appropriate mitigation will be provided. As part of the early phases of the HMP, it is contemplated that the Rancho Santa Fe Road project would be addressed as an "interim project'' and considered for approval by the City, DFG and FWS under the HCP. It should be noted that more than one HCP may be prepared at various phases of the HMP. The work program and time-line for the adoption of the project HCP are included in Appendix J of the EIR. NOISE (EIR pgs. 5.5-1 through 7) Impact: Implementation of the proposed project would result in widening of the roadway, and realignment of the roadway to a location approximately one-quarter mile east of the La Costa Vale subdivision. Traffic-generated noise levels along the realigned Rancho Santa Fe Road will be substantial at completion of the project and at build-out of the City. Other noise sources associated with the project include short-term noise generated by construction operations such as blasting and crushing of resistant rock, hauling of material off-site to the Arroyo La Costa subdivision, and construction equipment noise. Findings: The City would implement policies and action programs of the General Plan Noise Element and Administrative Policy Number 17 which apply to construction of the proposed project. Other measures include placing stockpiling and staging areas away from occupied dwellings and creating the greatest distance possible between noise sources and receptors during construction and Complying with state standards for noise emission and control. Realignment of the road to the east will substantially decrease the impact of noise on the existing residences. The impact of this major improvement project on the existing resi- dences is a significant concern and was contrary to the alternatives which left the alignment in its present location. Mitigation of noise impacts to future residences will be achieved through adherence to Administrative Policy #17 i.e. site and sound attenuation barriers. EIR 91-1 - RANCHO S a dfA r'E ROAD REALIGNMENT AND MA&IDING MARCH 18,1992 PAGE 13 The mitigation measures would reduce impacts to a level less than signrficmt. LIGHT AND GLARE (EIR pgs. 5.6-1,2) Increases in light and glare would impact the existing residential land uses to the south and west of the proposed roadway alignment and future development on both sides of the roadway. Urbanization of the natural surface cover increases light emission and reflectance. Findings: Mitigation measures include the use of roadway landscaping to limit headlight intrusion into residential areas, directing street lighting to limit excess light and consideration of the use of low pressure sodium street lights. The mitigation measures would reduce impacts to a level less than sigruficant. LAND USE (EIR pgs. 5.7-1 through 13) As a program EIR, the document has analyzed the realignment of RSF and the adjoining mass grading as the project and has also analyzed some aspects of potential future projects, i.e. subsequent tract maps, site development plans, etc. A clear distinction must be made while reviewing the LAND USE section of the EIR between the impacts from project grading and the impacts from subsequent development. Impact: Subsequent development of the project will result in conversion of 448 acres of vacant and undeveloped lands to a prime arterial surrounded by residential and commercial land uses, interspersed with large areas of open space. Subsequent development of the project is inconsistent with the General Plan Land Use map and La Costa Master Plan. General Plan and La Costa Master Plan Amendments are needed for implementation of the project to be consistent with the long-range land use planning of the area. The FEIR states that grading on M.A.G. properties will eliminate Open Space designated in the General Plan on the Comprehensive Open Space Network Map. The proposed project grading will neither remove nor preclude the conceptual open space areas of the Comprehensive Open Space Network Map and is therefore not inconsistent with the General Plan. A General Plan and La Costa Master Plan Amendment are needed prior to implementation of the subsequent development of the M.A.G. properties to be consistent with the long-range land use planning of the area. Findings: Prior to development, mitigation measures to be completed include conforming to land uses and respective acreages on the General Plan Land Use map and dwelling unit allocations in the Local Facilities Management Plan or proposing amendments to the General Plan, La Costa Master Plan, and Local Facilities Management Plan. Proposed land uses shall be consistent with the Land Use Element guidelines. The applicant shall also propose an amendment of the City's Comprehensive Open Space Network Map consistent with the Open Space and Conservation Element of the General Plan. EIR 91-1 - RANCHO SAN'L~ * **E ROAD REALIGNMENT AND MAS !@ IADING MARCH 18, 1992 PAGE 14 The mitigation measures would reduce impacts to a level less than significant. TRAFFI~CIRCULATION (EIR pg~. 5.8-1 though 16) Impact: The impact of the project on the circulation system was considered for 1995, one year after project completion, and 2010, the year when the County road system is projected to be completed. For 1995, all road segments and intersections of Rancho Santa Fe Road would operate with a Level of Service (LOS) of A or B with three lanes in each direction, For 2010, all segments and intersections of Rancho Santa Fe Road would operate under acceptable conditions (LOS of C or D). Under existing conditions (the "no project" alternative) all of Rancho Santa Fe Road and Questhaven Road would operate with an LOS of,F in the year 2010, an unacceptable condition. Eventual development in the area would increase traffic volumes on the roadway causing adverse impacts. Findings: Mitigation measures contained in the EIR would require the City to construct intersection and road segment geometrics as proposed for 1995 without the SA-680 connection and to retain right-of-way that will be sufficient for creation of the intersection of Rancho Santa Fe Road and the future Melrose Drive south. The Cities of Carlsbad and San Marcos would create a mechanism to determine the configuration of this intersection. An interim signal would be constructed at the intersection of Rancho Santa Fe Road and Questhaven Road and a full signalized intersection would be constructed at Rancho Santa Fe Road and Cadencia Street. The mitigation measures would reduce impacts to a level less than significant. PUBLIC SERVICES (EIR pgs. 5.9-1 through 10) Fke Protection Impact: Demand for fire protection services to the project area will be increased by ultimate development of the area. Findings: Ultimate development plans would be conditioned to require the construction of a permanent fire station No. 6 along the alignment of Rancho Santa Fe Road. The mitigation measures would reduce impacts to a level less than significant. schools Impact: Ultimate development of the project would generate 1,203 elementary students, 386 junior high students and 799 high school students. EIR 91-1 - RANCHO S AI#!! r'E ROAD REALIGNMENT AND MAS R, &ING MARCH 18,1992 PAGE 15 Findings: Prior to the approval of a final map for any project within the San Marcos Unified School District an agreement shall be entered into providing for the deeding of an acceptable school site, guaranteeing the financing and construction of a school unless modified or waived by the District. The mitigation measures would reduce impacts to a level less than significant. Water Impact: Water demand at ultimate development of the project site would be 590,600 gallons-per-day. However, this is approximately 30 percent lower than water demand under buildout conditions according to the existing General Plan. Findings: Water demand would be assessed during the development review process by the Vallecitos Water District and Olivenhah Municipal Water District to ensure that Zone 11 will remain in conformance with adopted performance standards. Water saving devices and reclamation, where feasible, would be required. The mitigation measures would reduce impacts to a level less than significant. sewer ImDact: Sewage generation at buildout of the project area would be 496,000 gallons-per- day. Findings: New development within the project area would be required to comply the City's performance standards for sewer service. The mitigation measures would reduce impacts to a level less than significant. Solid Waste Impact: Solid waste generation at buildout of the project area would be 7.3 tons-per-day. Findings: The siting and expansion of landfills in the area are currently being pursued by a variety of agencies to ensure that adequate landfill capacity will be available to the region. The mitigation measures would reduce impacts to a level less than significant. Natural Gas and Electricity Impact: Electricity and natural gas demand at buildout of the project area would be 52 megawatt hours and 210,000 cubic- feet per day. EIR 91-1 - RANCHO S AN@. d ROAD REALIGNMENT AND MAS @ .dDING MARCH 18, 1992 PAGE 16 Findings: The applicant would provide adequate infrastructure and, whenever possible, incorporate energy saving devices within the project development. The mitigation measures would reduce impacts to a level less than significant. LANDFORM ALTFRATION/VISUAL QUALITY (EIR pgs. 5.11-1 through 7) Impact: Implementation of the project will result in the extensive modification of existing topography. The proposed project will alter the existing landscape with grading and the creation of cut and fill slopes. In order to provide adequate surface area for the construction of the proposed roadways, large volumes of earth will be displaced and reorganized into broad, flat surfaces. Other areas will be graded for future uses including residential, commercial and office. The proposed landform alteration will result in 3,844,000 cubic yards (cu.yds.) of cut and 4,197,000 cu. yds. of fill. This equates to a grading ratio of approximately 8,357 cu.yds. per acre (quantity for Rancho Santa Fe Road as a circulation element roadway grading excluded). The area to be mass graded may remain undeveloped for several years while development plans for the property are being prepared, reviewed and approved. The Final EIR states that as proposed the grading plans conflict with sections of the City of Carlsbad Open Space and Conservation Element. Since the date of completion of the DER, the General Plan has been updated with a revised Open Space and Conservation Element. The updated General Plan element has revised language pertaining to the goals, policies and actions but retains the intent of the previous element. Mitigation of the described inconsistencies to a level of insignificance will be achieved through adherence with the Hillside Development Ordinance and Grading Ordinance. Adherence with these ordinances will mitigate the impact to a level less than significant. The FEIR also indicated that the proposed grading is inconsistent with the City's Scenic Highways Element. Mitigation of the inconsistency to a level of insignificance will be achieved through landscaping and adherence to the Scenic Corridor Study adopted July 1, 1988. The grading that will occur as a result of the project will have significant impacts ta surrounding landform and visual quality, however, the currently adopted General Plan allows the realignment of Rancho Santa Fe Road and similar development of the project site. Also, the City of Carlsbad Local Facilities Management Plan (Zone 11) shows Ranchc Santa Fe Road as having a future alignment which is consistent with the alignmen1 proposed by the project. The project is consistent with the alignment approved by the Ciq Council in 1987. Impacts to landform alteration and visual quality associated with the project will be les: than the impacts of landform alteration resulting Erom grading to the full extent of the RL EIR 91-1 - RANCHO sa r~ ROAD REALIGNMENT AND &,mING MARCH 18,1992 PAGE 17 RLM, C and 0 land designations according to the adopted General Plan. The proposed project will serve to provide for reduced landform alteration and improved visual quality at the conclusion of development. Findings; The 8,357 cu.yds,/acre is within the potentially acceptable range as defined in the City's Hillside Development Ordinance (0-7,999 cu.yds./acre is acceptable). Requirements of the City's Grading Ordinance and Hillside Development Ordinance will be implemented through the grading plan review process. As discussed in LAND USE, a General Plan and La Costa Master Plan amendment is needed prior to implementation of the project development. The mitigation measures would reduce impacts to a level less than significant. CULTURALJHISTORIC RESOURCES (EIR pgs. 5.12-1 through 4) ImDacts: Six of the seven sites located in the project area would be impacted by grading activities and could destroy potentially significant prehistoric resources. The full extent of subsurface material of the sites is not fully known at this time and further testing should be completed prior to site alteration. Findings: Subsurface testing of five sites would be required as a condition of project approval. If significant resources are located, a research design and data recovery plan would be implemented. The provisions of the Historic Preservation Ordinance would be followed in completing the mitigation program. The mitigation measures would reduce impacts to a level less than significant. CUMULATIVE IMPACTS (EIR pgs. 7-1 through 12) Impact: The ultimate development of the proposed project, in conjunction with 51 other projects in a 30 square-mile area surrounding the project site would result in the construction of approximately 10,600 dwelling units and 9 million square-feet of non. residential floor space. These projects would add approximately 26,000 people to the arei (based on 2.47 persons per dwelling unit). At buildout, air quality impacts would be significant and unmitigated. Region-wide implementation of alternative modes ol transportation will serve to reduce impacts. The ultimate residential development of the area to be mass graded would contribute tc the significant cumulative air quality impacts. The increased emissions resulting from thc number of daily trips generated by the project would constitute an impediment to tht region's ability to attain the national ambient air quality standards. The San Diego AG Basin is a non-attainment area for ozone and particulates, and therefore, any increase iI these air pollutants is a cumulative significant air quality impact. EIR 91-1 - RANCHO S A. E ROAD REALIGNMENT AND M Aa. ADING MARCH 18,1992 PAGE 18 Findinns: The ultimate development of the project area would contribute to unmitigated significant cumulative air quality impacts. ImDact: The realignment of Rancho Santa Fe Road and the mass grading would result in the direct loss of 216.9 acres of Diegan costal sage scrub habitat and the potential loss of up to 14 pairs of California Gnatcatchers. Indirect impacts would result from fragmentation of the habitat. Findings: Impacts to Diegan costal sage scrub habitat and the California gnatcatcher can be mitigated to a level of less than significant with the implementation of the mitigation program described in the biological discussion above. However, if the mitigation plan is not approved by the City Council and implemented, impacts to biological resources would be significant and unmitigated. GROWTH INDUCING IMPACTS (EIR pg. 7-12) Impact: The incremental difference in growth of the project site under the proposed project is small when compared to buildout of the site according to the General Plan. The LFMP for zone 11 & 12 of the City anticipate the development of this area. Findings: City ordinances will ensure that adequate public infrastructure is available to service this and adjoining properties as they develop. The project will not cause significant growth inducing impacts. SIGNIFICANT AND UNMITIGATED IMPACTS AIR QUALITY (EIR pgs. 5.2-1 though 10) Impact: The ultimate development of the project would generate 12,753 lbs/day of emissions. Widening of the roadway would provide for a more efficient circulation system and less congestion, which would result in a reduction of 6,507 lbs/day of vehicular emissions from the "no project" emissions levels. Findinns: A variety of mitigation measures are recommended in the EIR to minimize short- term air quality impacts. Measures involving bikeways, trails and transit facilities are also recommended to reduce the reliance on automobiles. However, implementation of the proposed project would cause significant, and unmitigated long-term impacts to air quality within the San Diego Air Basin. Short-term impacts are not significant locally, but are cumulatively significant because the area is located within a non-attainment basin. Impacts to air quality are therefore significant and unmitigated. EIR 91-1 - RANCHO S AI&, E ROAD REALIGNMENT AND MAS @ *mING MARCH 18,1992 PAGE 19 BIOLOGY As previously explained, a mitigation plan has been proposed which will reduce impacts to coastal sage scrub habitat to a level of insignificance. However, if this mitigation plan is not ultimately approved by the City Council and then fully implemented, impacts to coastal sage scrub and the California Gnatcatcher would be significant and unmitigated. STATEMENT OF OVERRIDING CONSIDERATIONS Section 21081 of the California Environmental Quality Act (CEQA) requires that no public agency shall approve or carry out a project for which an environmental impact report has been completed which identifies one, or more, significant effects thereof unless such public agency makes one of the following findings: 1. Changes or alterations have been required in, or incorporated into, such project which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. Those changes or alterations are discussed in the preceding significant but mitigable impacts section. Such changes or alterations are within the responsibility and jurisdiction of another public agency and such changes have been adopted by such other agency or can and should be adopted by such other agency. There were no changes or alterations to the project that are the responsibility of another agency. Specific economic, social, or other considerations make infeasible the mitigation measures of project alternatives identified in the environmental impact report. 2. 3. The City of Carlsbad has original jurisdiction over the project and is required, under the provisions of CEQA, to ensure either mitigation of impacts to a level of less than significant or a finding and statement of overriding consideration as to any impact which remains significant and incapable of mitigation. CEQA further requires that, where the decision of the public agency allows the occurrence of significant effects which are identified in the Final EIR, but are not at least substantially mitigated, the agency shall state in writing the specific reasons to support its action based on the Final EIR and/or other information in the record (Section 15093 of the CEQA Guidelines). The FER concludes that ultimate development of the project would result in significant, unmitigated cumulative air quality impacts and significant impacts to biological resources if the mitigation plan for impacts to coastal sage scrub habitat is not implemented. EIR 91-1 - RANCHO S Ad! A E ROAD REALIGNMENT AND d.mING MARCH 18,1992 PAGE 20 The following factors support approval of the project despite any significant impacts identified in the FEIR Rancho Santa Fe Road must be improved in order to protect the public health, safety and welfare of the citizens of Carlsbad and the other users of this major regional facility. Reconstruction and realignment of the roadway segment will improve its efficiency thereby reducing potential future traffic hazards which could otherwise increase as the number of trips on the road increases due to the population growth of the region. Construction of this prime arterial road and associated infrastructure will cost approximately sixty million dollars ($60,000,000) which the City cannot afford. The City has investigated various methods for funding the construction of this major regional facility, including the use of funds from the state and various County organizations. The City has determined that a public assessment district is the most fiscally sound and the mechanism which will provide the necessary funds within the shortest amount of time. The use of a public assessment district requires the City to assess property which is, and will be, benefitted by the construction of the road. The creation of the assessment district requires the identification of undeveloped real property in order to ensure an adequate increase in the assessed value of the property in order to support the funding for the road. The property available for assessment, and thus funding the construction of the road, is the real property through which the road currently traverses. The proposed project will provide the necessary improvements to Rancho Santa Fe Road and will provide the land development necessary to support the assessment for the road. The grading for the road and the development of the adjoining mass graded property will have less environmental impact than comparable development pursuant to the existing City General Plan Land Use Element. Further development of the adjoining mass graded property (i.e., subdivision maps and building permits) will require additional environmental review as the specifics of design, location and infrastructure are identified. The phasing of the various stages of subsequent development will allow for further refinement of the environmental, social and economic issues which the City must consider. This FEIR, as a program EIR for the subsequent projects, identifies the issues which must be addressed prior to the approval of other development entitlements for the property. Construction of the road is part of the Carlsbad General Plan, the Local Facilities Management Plan (Zone 11) and the La Costa Master Plan. Construction of the road is an integral component of these documents and as such is necessary for the orderly development of the City. The proposed grading and ultimate development of the graded area will not result in more residential units in the area but will redistribute them in a manner which will result in less EIR 91-1 - RANCHO S AI@I-E ROAD REALIGNMENT AND MAS st Id4DING MARCH 18,1992 PAGE 21 environmental impacts than the grading of the developable area allowed by the existing General Plan. The ultimate development of additional office and commercial space, from that contemplated by the existing General Plan, will provide social, cultural and economic benefits to the residents of the City by providing additional jobs and services in a location closer to their home. Furthermore, this project will provide significant revenues to the City by way of sales tax and property tax which will provide for City services. Upon completion of a subsequent General Plan amendment, it is anticipated that the project will provide 102 acres of additional General Plan open space. Construction of the project may also include the construction of a reclaimed water system which would assist the City and the water agencies in the area to more efficiently use their limited water resources and ensure an adequate water supply for the area's residents. The realignment of the road will lessen the existing and the future noise impacts on existing residents. The ultimate development of the property adjacent to the road will provide for the housing needs of the City. The proposed project, unlike the alternatives which consider improving the road in its present location, provides the most flexibility to meet engineering design issues for future intersecting roads, including the intersection of La Costa Avenue and Melrose Street. Rancho Santa Fe Road is designated as a "regionally significant arterial" in the 1990 Regional TransDortation Plan prepared by the San Diego Association of Governments (SANDAG). This system is part of the street and highway network which provides for accessibility between communities within the region. The circulation analysis for the City's Local Facilities Management Plan for Zone 11 is based on the projected levels of regional traffic as well as locally generated traffic. The traffic analysis completed for the Rancho Santa Fe Road EIR concludes that the roadway would operate at unacceptable levels of service (LOS F) with the existing &lane road in 1995 (pg. 5.8-6). Consequently, the improvement of the roadway is required to ensure that adequate levels of service are maintained. The Carlsbad Citywide Facilities and Imm-ovements Plan was adopted by the City to, "assure the elimination of the shortages of public facilities identified by the City Council to be detrimental to the public health, safety and welfare of the citizens of Carlsbad." (Citywide Facilities and Improvements Plan, 9/16/86, pg. 2). With regard to circulation the plan provides that: EIR 91-1 - RANCHO S At@! &.E ROAD REALIGNMENT AND A-mING * MARCH 18,1992 PAGE 22 No road segment or intersection in the zone nor any road segment or intersection out of the zone which is impacted by development in the zone shall be projected to exceed a service level C during off-peak hours, nor service level D during peak hours. Impacted means where 20% or more of the traffic generated by the local facility management zone will use the road segment or intersection. (pg. 40). The Local Facilities Manazement Plan-Zone 11 (LFMP) dated 1/20/88 identifies a need to construct Rancho Santa Fe Road to Prime Arterial standards by 1995. The LFMP also requires that a comprehensive financing plan guaranteeing construction of Rancho Santa Fe Road to Prime Arterial Standards be approved prior to the recordation of the first final map within Zone 11 (LFMP, pg. 19). The location, grading and ultimate construction of Rancho Santa Fe Road has been studied by the City of Carlsbad for a number of years. In addition, the property owners have also considered the same issues when planning for the development of their property. The decision regarding the location of the roadway considered the potential impacts to existing residences in the area and the need to minimize the amount of grading associated with the development to the surrounding vacant land. The development of the surrounding land must be considered a likely result of construction of the roadway due to the cost associated with this major public improvement. The proposed project balances these many issues by recognizing the appropriateness of relocating the road and amending the General Plan. Furthermore, the grading of the land adjacent to the roadway will ensure an increase in the value of the real property which will permit the funding of this expensive public improvement and associated infrastructure of $60,000,000. The need to increase the value of the adjoining property makes the proposed project the only feasible alternative. The construction of Rancho Santa Fe Road to prime arterials standards will reduce future air pollution emissions by 6,507 lbs/day. This reduction will result from a more efficieni circulation system and less roadway congestion. This reduction will reduce cumulativelj significant air quality impacts on a regional basis. No further reduction in emissions an possible as a result of the road widening project. HILLSIDE DEVELOPMENT ORDINANCE (HDO) Hillside Development Permits will be required to be issued as an administrative action bj the Planning Director prior to the issuance of grading permits. Staff has conducted a~ analysis of the project as described in the FEIR and with the conditions, modifications, an( exclusions allowed per the HDO has found the project to be in conformance with tht development standards of the HDO. EIR 91-1 - RANCHO S A#!. E ROAD REALIGNMENT AND MASJt --DING MARCH 18, 1992 PAGE 23 GRADING ORDINANCE Prior to issuance of a grading permit, plans must be submitted to the City Engineer for review and approval in accordance with the Excavation and Grading Ordinance; Chapter 11.06 of the Carlsbad Municipal Code. Grading proposed must also conform to plans and conditions approved under a Hillside Development Permit. V. SUMMARY Realignment and construction of Rancho Santa Fe Road at prime arterial standards and the adjoining mass grading is in conformance with the General Plan and applicable Zoning Ordinances. The Environmental Impact Report has been prepared in compliance with the provisions of the California Environmental Quality Act (CEQA) and the analysis of the environmental impacts to the project area is complete and adequate. The FEIR has identified one area which will be significantly impacted and cannot be mitigated. The FEIR has also identified one area, biological resources, for which a mitigation plan is possible to reduce impacts to an insignificant level but which may be found to be cost-prohibitive. This area, therefore, may also be significantly impacted and not adequately mitigated. Staff requests that the Planning Commission recommend certification of EIR 91-1 through adoption of Resolution No. 3371 which includes a statement of overriding considerations. ATTACHMENTS 1. 2. Location Map 3. 4. Attachment "A", Historical Summary of Alternatives for Minimization and 5. EIR 91-1 (previously distributed). Planning Commission Resolution No. 3371 Figure 1 - Road Alignments Reconfiguration of Rancho Santa Fe Road/Mass Grading Project CW:km:vd January 24, 1992 e 0 LOCATION MAP - city of carlsbad EIR 91-1 RANCHO SANTA FE RD ALIGNMENT & MASS GRADING 4 FIGURE 1 .e e 9 1 4 --.-.---.--. ORIGNAL AUGNMENT - EXISTING AUGNMENT (WITH BYPASS) .........I FUTURE A- bty of Carlsbad EIR 91-1 RANCHO SANTA FE RD ALIGNMENT & MASS GRADING 0 0 AlTACHMENT A HISTORICAL SUMMARY OF ALTERNATIVES FOR MINIMIZATION AND RECONFIGURATION OF RANCHO SANTA FE ROADlMASS GRADING PROJECT -0 0 HISTORICAL SUMMARY Of ALTERNATIVES for MINIMIZATION AND RECONFIGURATION RANCHO SANTA FE ROADIMASS GRADING PROJECT Jnrrodiicrion The Fieldstone Company owns approximately 2,300 acres within the Southeastern portion ( Carlsbad. Of this acreage, approximately 678 acres are bifurcated by Rancho Santa Fe Roac a north-south link in the City's General Plan Circulation Element. The City's General Plan ar Growth Management Ordinance require that financing for realignment and improvement of th road be guaranteed prior to recordation of a final map, issuance of grading or building permit whichever occur first for further development within southeast carlsbad (Zones 11 and 12). I addition, the road has been identified as "regionally significant" in the SANDAG report entitle Regional Transportation Plan and Congestion Management Plan. Tlie design and construction of Rancho Santa Fe Road is inextricably linked to the developmei of adjacent land in three ways. First, the specific design and alignment of the road affects tt. physical pianning for the surrounding property. Second, and most importantly, improvemen to Rancho Santa Fe Road are necessary to alleviate an existing health and safety hazard and t provide adequate capacity for anticipated local and regional traffic increases. Third, th financing and construction of the road is dependent upon a proposed assessment district that wi assess tlie future development on those adjacent properties. This development is necessary t provide a minimum basis to support the assessment district. Although future development i Carisbad will equate to only 34%' of the total projected traffic on this road segment, per th requirements of tlie Carlsbad Growth Management Program, the road improvements must b tinaiiciaily guaranteed prior to future development. The Fieldstone Company's participation i the assessment district is approximately 60% of the total assessment. During the design process, the City of Carlsbad and the Fieldstone Company perceived that th proposed Rancho Santa Fe RoadIPrivate grading project would result in impacts to Diega coastal sage scrub. They have entered into an agreement with the U.S. Fish and Wildlit Service and the California Department of Fish and Game for mitigation of impacts to Diega coastal sage scrub resulting from the proposed project. For tlie purposes of this process, thi paper will describe the evolution of the project configuration, alternatives which werc considered, and efforts to minimize impacts to biological resources. In addition, it will describc how these efforts have been affected by both the Rancho Santa Fe design and fundin; considerations. I This percentage is based on SANDAG post 2010 model analysis with connection o Melrose Avenue Soiith. 0 e I. RANCHO SANTA FE ROAD ALICMIENT SET (1972-1987) The following is a description of the events which led to the realignment of Rancho Santa 1 Road by the City of Carlsbad in 1987. 1972 - Rancho Santa Fe Road Annexation/Change of Classification The City of Carlsbad annexed Rancho Santa Fe Road from the County of San Diego, changii the County’s prime arterial (six-lane) designation to major arterial (four-lane) on the Carlsb; General Plan Circulation Element. 1972 - 1984 - Adiacent Deveioument Occurs Several residential subdivision were approved and constructed immediately adjacent to the we. side of Rancho Santa Fe Road, north of La Costa Avenue. Final occupancy permits were issue over a period of seven years with the last occupancy permits being issued during 1979. 1981 - General Plan Circulation Element Studied The City of Carisbad undertook a citizeiis review of the General Plan including the Circulatio Element. The Citv’s consultant prepared a study of the Circulation EIement and a coinmitte was appointed to rkview the study. The committee agreed with the consultants conclusions t maintain the current road alignment, however, the committee disagreed on the classification an recommended upgrading Rancho Santa Fe Road from major arterial (four-lane) to prime arteri: (six-lane). Staff supported the recommendation since the traffic projections indicated that th road would need to carry 50,000 ADT at build out and a four-lane arterial is designed to caT 40,000 ADT. Furthermore, staff coilsidered it a possibility that Melrose Avenue (a north-south coiinectoI south of Rancho Santa Fe Road might never be constructed, further contributing to traffic or Rancho Santa Fe Road. (The status of this roadway has remained tentative due to uncertainti of connection through adjacent jurisdictions). A General Plan Amendment to the Circulation Element map was prepared by staff incorporatin! the committee’s findings and taken fonvard for review by the Planning Commission and Cit} Council. Awiist 21, 1984 - Council Amroves Upgrading from Maior to Prime Arterial After hearing the report arid recommendations from the Circulation Committee, the City Council approved upgrading of Rancho Santa Fe Road from major arterial to prime arterial designation. Council directed staff to undertake a review of all General Plan Elements for consistency witl- *. . 2 e a the amendment to the Circulation Element. At about the same time, SANDAG designated f road as "regionally significant." (It is the only north-south roadway east of El Camino Real) March 21, 1987 - Adiacent Residents become Concerned Over Noise and Safetv Over the years, as development of surrounding areas occurred and traffic became heavier Rancho Santa Fe Road the City became aware of problems on Rancho Santa Fe Road regardit speeding, non-fatal and fatai accidents, and noise genemfed by the traff\c \nvc\ing \he 102 An increasingly active citizen group began soliciting the City to address these concerns. Ma of the most vocal citizens were residents of a subdivision approved and constructed during tl period in which Rancho Santa Fe Road was designated a major (four-lane), rather than prin (six-lane), arterial. Staff began studying ways to mitigate the citizen concerns. On March 21, 1987, the City 1 Carlsbad held a meeting to solicit public input regardiiig the Rancho Santa Fe Road corrido Five potential solutions were presented by staff at this meeting, ranging from slight realignme of the road with noise attenuation measures to significant realignment. These studies followc two conceptual corridor alignments. Mitigated Alternative #I (see attached) proposed to p~ the road away from existing homes approximately 30 to 50 feet while generally maintaining tt existing alignment and incorporating noise mitigation. Alternative #2 (see attached) as propose relocated the road southeasterly into a canyon in the vicinity of the current truck bypa! alignment. Representatives of the MAG properties and La Costa Ranch Company (predecessors to Th Fieidstone Company), major developersl land owners affected by the alignment of the road, wer present at the meeting. Both expressed concerns regarding the need for an equitable solutio to the problem and a willingness to cooperate and expedite the solution. Citizen input was focused in two areas: 1) inany owners felt that a six-lane ,merial adjacent 1 their homes was unacceptable and the circulation plan should be scrutinized to determine if th status of Rancho Santa Fe Road should be changed from six lanes to four or less: and 2) th existing alignment (Alternative #I) would not be acceptable, regardless of the number of lanes and therefore the residents desired to see it realigned "as far away from La Costa as possible. As a result of this input. the City Council appointed a Circulation Committee to review th Rancho Santa Fe Road corridor. This coininittee was composed of Planning Commissioners City Staff, development representatives and citizens. The first meeting of this committee wa convened on April 30, 1987. Ami1 30, 1987 - June 25. 1987 - Circulation Committee Works with Citizens on Alternativl Solutions The Circulation Coninlittee held a series of public meetings to review the alignment an( mitigation proposals. Through its deliberation, the Committee explored many alternatives bu .* 3 0 0 constrained by slopes and would have required significant grading. The canyon alignm recoinmended by the circulation coinmittee met all City design standards, however, crea significant grading and could not easily be phased. The Committee's report stated the environmental consultant reviewed the alignment and deemed that there were no archeologic biological or paleontological restrictions. The estimated cost for constmchon Of Allernat Alignment #z was S14,434,000. The Committee deemed that grading cost and construct scheduling would appear to be the primary negative aspects of the canyon alignment. Conc 1 usion s To fully compare costs of the two alternatives was not possible without complete land plans the time. Preliminary cost estimates included in the committee's final report were qualified "ignoring any land deveiopinent economics,'' (Rancho Santa Fe Road Alioninent Stu Cornmi ttee Report, September, 1987, p.3) The committee concluded that although the cum alignment with noise mitigation (Alternative #I) [nay be the optiinum economical design, t majority of the Committee felt that this alignment would riot adequately mitigate noise and 0th environmental impacts. Therefore, the committee recommended that Council adopt t realignment of Rancho Santa Fe Road southeasterly into the canyon area. October 20. 1987 - Council AdoDts Alternative i\li9ntnent #2 After reviewing the findings of the Circulation Committee and hearing public testimony, Ci Council approved the Alternative #2 canyon alignment for Rancho Santa Fe Road. The Counc directed staff to expedite the required financing and planning effons to insure the earlie. possible cotistructioii of the roadway. Staff was also directed to amend the City's Circulatio Plan and prepare the necessary environiiierital documents. 11. City Adopts Growth kIalino,emeiit Pt'ogixiii Requiriiig Rancho Saiitn Fe Roa Impt'ovenieiits (1986- 1988) In July of 1986, the City adopted a Growth Management Program to implement the General Plal and Zoning Ordinance by ensuring that public facilities are provided commensurate witi development. The tint phase included approval of the Citywide Facilities and Improvement Plai (CFIP) which was adopted in September of 1986. The CFIP was prepared by the City an( provided the for the following: I) identification of existing development and projected ultiinatt buildout. 2) division of the City into 15 Local Facilities Management Zones for subsequen analysis, 3) identitication of eleven public facilities to be analyzed for each zone, and 4 specification of perforniance standards for each of the eleven facilities. The second phase of the Growth Management Prognm involves the preparation and approval of the individual Local Facilities Management Plans (LFMP) for each of the 25 zones identifiec in the CFIP. Per the Growth Management Prograin. LFMPs were prepared and approved fa 5 e 0 Zones 11 and 12 within the southeast quadrant of tlie City. The traffic analysis prepared fc these plans projected that Rancho Santa Fe Road would require upgrading by the year 1989. The Growth Management Prograin also requires that improvements identified as necessary i the LFMPs be financially guaranteed prior to filial map, issuance of a grading or buildin permit, whichever occurs tirst for further development in the zone. The Zone 11 and 12 LFMF require financing of four major roadway projects totalling an estimated S60,000,000. Th current estimate for the Rancho Santa Fe Road project is $38,000,0002. The Fieldstone Company's participation in funding these improvements will has been estimate at 60%. The remaining 40% will be funded by MAG properties, a commercial developrner company, and other owners representing smaller residential and commercial holdings withi Zone 11. The MAG parcel is part of tlie proposed private grading plan identified in the EIR This owner will eveiitualIy participate in the proposed mitigation plan for the project. 111. Development Initial Road and Development Area Design/Feasibiiity Aiialysis (1988) In response to the financing and timing requirements imposed by the Growth Managemen' Program, once the alignment and ciassification were set, the property owner began preparinz preliminary engineering studies on the Rancho Saiita Fe Road design. Concurrently, tht property owner began conceptual planning studies for land. In addition. the property owner: within Zones 11 and 12 began development of a finance plan. Of the properties in Zones 11 and 12, The Fieldstone Company's 678 acre property known z Southeast I1 is most impacted physically by the aligniiieiit and design of Rancho Saiita Fe Road. The current General Plan designates the Fieldstone property for Low (0- I dwelling unitlacre) and Low-medium (0-4 dwelling unitdacre) density residential uses. The General Plan texi describes these uses as typically single-family detached residential products. Under Growth Management program. areas which are considered constrained for density calculation purposes include: major powerline easements; circulation element roads; raiiroad beds or right-of-ways; slopes greater than 40% ; significant riparian or woodland habitats: significant wetlands; tloodways: water bodies: other significant features; and half credit for slopes of 2540% steepness. After consideration of these constraints, approximately 5 17 of the original 678 acres were considered developable or "net" acreage. Coastal sage scrub was not specified as a constraint. Per the Growth Management Program, a mid-point density is associated with the General Plan residential categories. These are 1.0 and 3.2 dwelling Linitshet ' Uiiintlated construction cost estimate. Does not include issuance costs connected with the assessment district. 6 e 0 acre for Low and Low-Medium, respectively. Application of the Growth Management Contrc Point densities would allow approximately 1,WP’ dwelling units on the TFC property. Once the density was established, the physical design constraints were overlayea to betermin opportunities and constraints. A primary factor in this analysis is the City’s HiIlsid Development Ordinance which includes provisions prohibiting disturbance of slopes greater tha 40% steepness, llmitation of manufactured slope heights to a 30 foot maximum, an1 requirements for unduiation of manufactured slopes. North-south trending bands of 40% anl greater slope occur in the eastern portion of the Fieldstone property. Largely because of thes slopes, the constraints analysis showed access to be restricted to portions of the eastern projec site which were otherwise developable. The Fieldstone Company’s target market was determined to be single family detached products Preliminary design studies showed that the developable area would likely accoinmodatl approximately 900 to 1,000 single family detached homes on lots ranging from 5,000 square fee to 7,000+ square feet in site. This would have been siiililar to the recently approved Arroyc La Costa project (Zone 12) in which the decision iiiakers had discouraged lots of 4,000 squarc feet and less. A preliminary financial feasibility analysis showed that Rancho Santa Fe Road and other. smallei road facility assessinents propossd for a srrictly detached home project were inanageable, giver an assumed larger ultimate value on larger homes which would tit the assessment burden intc a total tax (including real property taxes) of a riiaxiinuiii of 3% of home value. Coastal Sage Scrub Perceived as mi Issue (1989) In 1989, during preparation for submittal of the proposed projects, preliminary biologica reconnaissance was prepared by the property owner. This investigation idelitifred the presence of 458 acres of Diegan coastal sage scrub on the Fieldstone property the inajority of which iL located in otherwise det#eIopable property. This tegetation type was identified as being a State species of special concern. The Fieldstone Coinpuny recognized this to be an issue. The original market feasibility analysis (conceptual) estimated that assuming an average 7,000 square foot lot, Growth Management densities could be achieved. A decision was inade to proceed with a design which would depend on using more attached product than originally considered to reduce the footprint of development, where possible. Had the property owner not opted to utilize attached product. the potential yield analysis assuming single family dwellings would have dropped to approximately 750 homes. This resulted in a total of 241 acres of sage scrub presenvd. The design would now provide a mix of single-faillily detached and attached product in the approximate ratio of 65 % to 35 ’%. 11’. 3 Does not include the transfer of I89 Dus froill Zone 12 and 206 Dus from Zone 10 as approved in the Zone 11 and Zone 12 LFhZPs. 7 0 0 Since a majority of the developable property possessed coastal sage scrub, altemath configurations for the development footprint do not appreciably alter primary impacts to coast sage scrub. However. it was felt that configuration could appreciably affect indirect impacts t the habitat from fragmentation and road noise impacts. In addition, conflicting objectives existe of creating either (1) a large, contiguous and viable habitat area, or (2) fulfilling th~ absolur requirement for sufficient dwelling units of a value to support an Assessment District t construct Rancho Santa Fe Road. Upon consideration of these factors, a decision was made to aggregate development in on bubble conforming primarily to the alignment of RSF. This was thought to reduce habita fragmentation which might occur with development of several "fingers" of development. 11 addition the desigri allowed for preservation of large blocks of habitat thereby reducing the "edgr effect" from adjacent uses. All of these design changes were accomplished internally at Th Fieldstone Company prior to suggesting and discussing the project description for the EIR wit1 the City. V. Preliminary Plans for Rancho Sarita Fe Ro;ld/l\lass Grading are completed and foimall! submitted to Cit!iEnvironmeiit~l Review Initiated (January 1990) Once the above design issues were addressed to the extent possible, the project was submitted for Preliminary Environmental Revieiv. For purposes of the environmental document, the project description identified 448 acres of grading including Rancho Santa Fe Road and the associated adjacent private project grading for the Fieldstone Company and MAG properties. The total project area included approximately 760 total acres of which Fieldstone and MAG properties own 678 and 82 acres respectively. This description allowed for anaIysis of cumulative project impacts. For purposes of creating a c!early understandable public document, the City and Fieldstone Conipany resolved to propose project grading boundaries in the EIR which would reduce impacts to a level of insignificance prior to public review of the EIR document. This resulted in a dociirnent which iiiore clearly explained the iiiipacts which would not be mitigated as a part of the tinal project design. The grading project was at this tiwe redesigned to avoid significant impacts to oak woodland habitat and goldenstar. However, impacts to the California gnatcatcher were deemed significant and unmitigated. Further reduction of impacts to coastai sage scrub and the California gnatcatcher were evaluated in the following manner: A majority of the developable land within the project description owned by Fieldstone possessed coastal sage scrub. The value per developable acre in SE I1 is approximately $176,000. To preserve, for exampie, sufficient habitat for 20% of the impacted bird pairs, or three pairs at 20 acres per pair. would result in a cost of approximately $10,560,000. However, the resulting mitigation area would not be significantly less impacted by fragmentation and noise impacts from 8 8 0 0 the roadway despite requiring commitment of significant funds. Moreover, reducing tk number of dwelling units would prevent a successful assessment district for the road as require by the City. A consensus was reached that pursuit of wholly onsite mitigation would not achieve the City objective for construction of the road and formation of a financing district. It was determine that a process was needed to be developed with the goal of achieving mitigation criter acceptable to the City, resource agencies, and the private developer. .* 9 e 0 . ' ,l -. (D' RANCH -.a. .- . . .. e a .. .-_ ---- ___ .: LA COST ALIGNMENT STUDY I COMPA" RANCHO SANTA FE &E'- RANCH .. rn F,v =--E m m- -IF=-- .. 4 Q)' RANCH e-.mmmmc 3 __ - ----n-a~ e .. --- ---- -___..: LA COSTA RANCH ALIGNMENT STUDY 1 COMPANY 4 0 FIELDSTOXE *LA COSTA F-; FOR THE iN!W?MATiON ---AT- Of WE CIN COUNC April 21, 1992 - CIM MANA. .I DATE -.--. -- I Mr. Michael Holzmiller Planning Director City of Carlabad . 2875 Las Palmas Drive Carlsbad, California 92009 bear Michael: The purpose of this letter is to inform you and the Carlsbad City Council that we agree to and support the proposed 30 day continuance Of the public hearing for the Rancho Santa Fe Road Environmental Impact Report and the Hillside Deve~opment Permit fox the same projrct. while agreeing to this continuanca, we feel it is important tc atate mat we Will not rruppart any additional continuanco of the public hearing- As you are aware, we have workad on this prejrct for over two years and we feel the document is ready for Citi Council consideration, as does tho Planning Commission by theiz unanimous, reconmending vote. ~lso, as you are aware, tha purpose of the proposed extension is tc allow an appropriata time frame to complete dircussions with thc U.S. Fish t Wildlife Service. I cannot think of a set oj circumstances within which we will not have complQt8d OUI discusaions in this time frame. We may or may not come tc agreeaent in 30 days, but we will have completed those discussions Thank you ZOr your consideration and cooperation on this matter. Sincaraly, - 0 P UG AVXS DA: jb r PO. BOX 9WO-X6+C~isbad.C.4 92018 * 619-931-8?47 + FAXS19-931-1946 -7-f /- a %-& FAX TRA NSMIT T A 11 NUMBER OF PAGES BEING TRANSMITTED: (INCLUDING FAX TRANSMrTl'AL] 2 *- J DATE: FROM: MICHAEL HOLZM PLANNING DEPN DEPT: TIME SENT! 2; $9 c Citv Clerk I s DfflcF! 3 TO: COMPANY: - - PHONE W: (619, 4.38-1161 E - PHONE #: 7 (619 430-0094 FAX #! I FAX 1st: EWE INWcTtONS: THIS IS A REVISED COPY, -n75 ' !ran Q-'** TT Whm Cnrlabad C.m'?+vnia 92009-4859 I fBl9'1 4338-1 1 c 0 (Ir REVISE1 MAY 18, 1992 TQ f CITY COWCTL VIA: City Mannger FROM f Planning Director RAMCRO SMTA B1 MAD EIRIAGENDA ITEM NO. 10 - CITY COWCIL mEPXN 0% MY 191 2992 As the City Council is aware, the City, the wildlffa agencies, th F ddstone Company and the einvirenmental camunity have reache agreement on an acceptable Habitat Conservation Plan (HCP) fo impacts to biological raseurces &a a result of the Rancho Santa F Road project and aS8ociated private grading. Thr HCP praceas wai identified in the EfR but tha geographical scape of the Plan is nQi larger than anticipated when the EIR wa5 pr8pared. As a result the WCP will require additional tima ta fomaliee sand tu completr supplemental enviranmental review. It ie necessary ea go forwarc and cerrtify the present EIR at this time se that the formation o tho Assessment Dirrtrict to finance the construction of Rancho Santi Fe Road can begin. The Assessment District is a lengthy proces: that cannot cammence until the EIR is ctmtiffod. The scape of thr Assessment District is adequately addressed in the EIR. Thua, certification of the EIR will permit the City to proceed with thr Assessment District formation while the HCP is completsd. However, in order to adequately recagnizc that progrem has beel mad+ on the HCP and that ft would be the preferred mitigation foi the project, staff is recommending that two additional conditions be addrd by the City Council to the reeolution certifying the EIR. Thess would be in addition to th8 onas already rscamonded by thr Planning Cammission contained in Planning Commission Resolution No. 3371. The additional conditions are aa follows: 1, "If an HCP is completed, including envh-onmental review under the provision8 #f the California Environmrntal Quality Act and the Nati0ha.l EnVirarmental PmteEthn A&, and approved by thm-City, FW6 and PFG pXbr ka the hplemontation of the Mitigation Plan presently containrd in the EIR, the HCP may be implemented as an alternative Mitigation Plan, Such an alternative plan would also have tha affect of reducing biological impacts tb a level of insignif icancr. 8t 2. "All interseted parthg are UesirGus of completing and imghmrnting thr KCP altarnative. Thmrrforr, grading permits shall not be issued for tha project for CI period of at lrast 60 days from Council crrtfficatian of the EIR. An extension to this time period may be authorfeed by the Planning Director and City Engineera" .A4 MICHAEL J. HOLZM LER Planning Director arb 49c 1 0 -G2/ Shoreline Study Center 1 May 19, 1992 Carlsbad City Council Members 1200 Carlsbad Village Drive Carlsbad, CA 92008 Honorable Members: We have supported the US Fish and Wildlife through negotiations on the mitigation plan (see attached) on Rancho Sante Fe Road and Mass Grading. Since F&WS is a Federal Agency, it is not respon- sible for the CEQA process. We feel obligated, therefore, to point out that Section 15096 Sub section G2 and 15126 Sub section C of CEQA Guidlines strongly intimates that the mitigation plan be presented in the Final EIR before certification. 46 President Inez Y d , 199 !Ir,& EL Camino Real Suite 411 Encinitas, CA 920.24 % . .. . ............... e . .’ ,_._______ .-_..._ .._. .....-.-.-- C 0 N S U LTANTS C 0 LLABO RAT IVE ----.------ ._._._ -_ __ __- ( To : HCP Facilitation Team From: Rick Alexander Re : Date: May 6, 1992 I have prepared a draft final listing of those project design, habitat conservation, and mitigation actions which will be part of a final agreement on the Carlsbad HCP. Following review by the participating parties, a joint proposal will be finalized which incorporates these points of agreement for public environmental review. 1. Draft Final Preservation/Mitigation Criteria for HCP Agreement All three Fieldstone project areas are included in the agreement: - Southeast I1 (RSF Road) - Rancheros - Northwest 2. Southeast I1 Agreement Details A. Cross-Project Corridor: - Preserve and revegetate a wildlife habitat corridor across the project linking the Rancheros parcel with open land in natural vegetation to the southeast. In discussion of this point, both a ‘Inorthernii and llsouthern” corridor were considered. Fieldstone has chosen to preserve the ilnorthernii corridor which will: + Have a minimum width of 1,000 feet. - support two nesting pairs of California gnatcatchers with 75% of each pair’s territory located in the corridor. sites for these two pairs must also be in the corridor boundaries. Alternatively, the Fish and Wildlife Service may choose other criteria proposed by Fieldstone to demonstrate the biological integrity of the “northern corridor. It The corridor must encompass the northwestern population of Muilla clevelandii. Nesting - ..... ___ ___. ...... .- - .._-....._-.-. .._ 570 Rancheros Drive, Suite 201 San Marcos, CA 92069 ...... -.- ....... .. ._.__.-_---. ------. .. - ___-.--..-. -.-- ........ .......... 6191471-2365 FAX 6191 471-2383 0 0 - In any event, the #'southern corridor1' area may not be disturbed until the Fish and Wildlife Service has agreed that the proceeding criteria are met. B. Water District Land i - Attempt to reach an agreement with the Vallecitos Water District on future use and/or reveqetation of District lands surrounding the reclaimed water reservoir which are adjacent to the corridor. In any event, quality of natural habitat on District land can be no worse than at the time of this Agreement. C. Parcel East of Rancho Santa Fe Road - Fieldstone and the City will resolve the future use of the approximately 17 acres south of the new location of Questhaven Road: including as an option preservation of this area as part of the corridor. D. San Marcos Creek Wildlife/Habitat Corridor: - To be designed cooperatively with the City of San Marcos and University Commons development. Takes advantage of RSF Road bridge height to provide wildlife access underneath. - - Average width 2,400 feet. - Explore potential revegetation of private park along creek corridor in San Marcos. E. Melrose Avenue: - Redesign Melrose alignment to retain California gnatcatcher "use areas 5 and 21." - Downgrade Melrose from prime arterial to major - Agreement on taking of habitat associated with arterial in order to reduce right-of-way width. Melrose applies only to that portion of the road alignment contained within the boundaries of the SE I1 project area. I * 0 F. Summary of Impact and Mitigation for Southeast I1 Parcel 750 approximate total acres 457 ac. of Coastal Sage Scrub 218 ac. of CSS impactdd 22 pairs California gnatcatchers 16 pairs CGC impacted 8 pairs CGC retained, including 2 pairs reestablished in the cross-project corridor 3. Rancheros Agreement Detail A. Design project to preserve most Coastal Sage Scrub on- site and 2/3 of the California gnatcatcher pairs. B. Agree to a generalized site plan and on-site minimization which reflects this Dreservation. Fish & Wildlife will conduct a verification survey for gnatcatchers for the purpose of improved information. Fieldstone will be consulted on survey design, criteria, and conduct. c. D. Supmary of Impact and Mitigation for Rancheros Parcel 750 approximate total acres 240 ac. of Coastal Sage Scrub 100 ac. CSS impact 13 pairs California gnatcatchers currently 1/3 of CGC pairs impacted 2/3 of CGC pairs retained identified 4. Northwest Agreement Detail A. Agree to a generalized site plan and on-site B. Fieldstone to provide off-site mitigation for minimization of take. gnatcatcher pairs at a ratio of 1:l for the allowed take at an anticipated cost of $5,000,000. - Off-site mitigation would be in a corridor study area generally linking Carlsbad and the SE I1 project site to the San Dieguito JPA boundary. site mitigation in the study area, subject to final approval of the Service and the California Department of Fish and Game. - Parties would jointly develop criteria for off- e 0 *r t c. Summary of Impact and Mitigation for Northwest Parcel 350 approximate total acres 119 acres of Coastal Sage Scrub 69 ac. of CSS impacted 13 pairs CalifornJa gnktcatchers 5. Areas of Agreement Which Apply to All Three Parcels A. Phase Grading: - Fieldstone and the City will develop a plan for phasing of grading in all three project areas, although grading associated with Rancho Santa Fe Road will proceed. B. Revegetation Plan - Fieldstone will develop a revegetation/maintenance plan for all appropriate areas once final agreement is reached on areas developed and preserved. An institutional management structure will also be established. C. Fund CarISbad HMP - Fieldstone will provide funding for the HMP not to exceed $150,000. - Fieldstone will provide $50,000 in additional funding for independent scientific research on the California gnatcatcher. 0 0 I Miowiiric. htiid! (:t-ritc.r Hay 10, i992 Carrie Phillips U.S. Fish & Wildlife Service Carlsbad, CA 92008 Dear Carrie: You may need this information if you don’t already have it. I’ve tried to reach you by phone a few times. I can imagine you are swamped up with what must have been set aside for negotiations. In case you are not familiar with the Open Space Element of Carlsbad’s General Plan, here are some details pertinent to lands Locar St with tying up details on the mitigation and catching .’ set aside for mitigation: Many descriptions are placed under the one unbrella called Open Space -- ball fields, school yards, lawns of City-owned property, lagoons, recreational areas such as tennis courts or other play areas which are lighted. Open Space designation allows an equipment storage shed or a clubhouse to be built, concrete walkways, or trails and picnic areas -- amenities which might serve the citizens or tourists. There is no distinction made between people-serving and wildlife-serving Open Space except as demanded by Resource Agencies or the Coastal Commission. You may be familiar already with Carlsbad’s General Plan but, for preservation into the future, Open Space designated land is not protected land. Sincerely, Inez Yoder, President IT, ,l ,,, , r,,,, , I r,, I> r, I I (9 I r, 0 . -7;v- 2076 Sheridan Road Leucadia, CA 92024 May 19, 1992 Mayor Buddy Lewis City Councilpersons City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 RE: Rancho Santa Fe EIR t Dear Mayor Lewis: Thank you for this opportunity to comment. And thank you to all those people who worked so diligently and cooperatively to come up with the proposal in front of you tonight. This is a precedent-setting process. Once again a Carlsbad project is of national importance, attracting national attention. I am delighted as a member of the environmental community to have this opportunity to comment. We strongly support the environmental gains made during this process. To quote Mike Holzmiller: the city has "been well educated by the U.S. Fish and Wildlife Service to set environment as the first consideration." I will be delighted to watch the city accept and utilize this statement as policy in future development proposals. We fully support and commend the HCP participants and our environmental representatives for the following: 1. The HCP committee agreement to maintain gnatcatcher habitat within the city limits of Carlsbad, rather than relegating Carlsbad gnatcatcher habitat and Carlsbad open space to the Wild Animal Park. 2. That this agreement lays out the intention and policy of the city to connect the remnants of coastal sage within Carlsbad with each other and with other areas of coastal sage east of Carlsbad through the use of wildlife corridors, a giant step forward in habitat preservation. 3. The emphasis, for the first time, on multi-species protec- tion by focusing on habitat rather than on single species preser- vation. While the pending listing of the gnatcatcher as an - lJ&h$ Q I , 0 0 endangered species was the driving force for the HCP, everyone recognized that at least 62 species are dependent upon Coastal Sage Scrub habitat, and the focus was on habitat preservation. 4. Representatives of the environmental community were invited to the closed table of negotiations. No minutes were kept so it is difficult to know if their input was seriously considered, but they were invited to the table. Nevertheless, we have concerns with the process for many reasons: elitism, speed, complexity, status of the HCP agreement, coordi- nation with other city documents, lack of coordination with national environmental organizations, emphasis of habitat conser- vation plans on habitat already on the brink of extinction and cost. PROCESS: EL: ,ITISM 1. First, not all environmental groups have been included in this process. Local environmental groups and chapters of national organizations were asked to get together and choose two persons to represent them on this committee. That isn't the way organizations work, and you received letters to that effect. I attach one for the record (see Attachment "A"). It isn't possible for the League of Women Voters, for example, to give over the authority of their group to any one person, and even local organizations rarely find that their by-laws allow them to be ruled by the decision of a single representative. SPEED AND COMPLEXITY 2. So we all tried to keep up-to-date, keep informed, and keep our members and boards informed, but when the final compromise was made, we were asked to support it without anything in writing and without proper time to carry it back to the organization even to explain it, much less discuss and critique it. The first written agreement from the HCP is a 4-page outline summary of the HCP agreement, dated May 6. When was this handed out? Did the city realistically expect that this document could be circulated among the environmental community to be discussed, explained, and accepted or rejected by the time of the May 14 press conference? Now it is Tuesday, May 19, and already the Rancho Santa fe road EIR is before the Carlsbad City Council for approval. What's the rush? This EIR has been on the table since 1987. Suddenly it has to be passed in less than a week with a press conference held even before the City Council holds a public hearing. Even before the City Council adopts the agreement. The only evidence available for the rush is the refusal by Fieldstone in their letter attached to AB 11,655 to continue negotiations beyond May 21, $?!!!i-L* e 0 STATUS OF THE HCP AGREEMENT In fact, the 4-page outline summary of the HCP agreement is not even included in the Agenda bill before us tonight. Instead, this Agenda Bill presents the city with the old, unchanged EIR as if HCP committee negotiations had never taken place. This makes me very nervous. I herewish request that the 4-page outline record along with my own remarks (See Attachment "B"). COORDINATION WITH OTHER CITY DOCUMENTS Furthermore, this EIR is Item 10 on the agenda, and Item 11 is the financing plan for Rancho Santa Fe Road. In other words, this hearing is just a formality and the Rancho Santa Fe Road EIK might as well have been put on the consent calendar. In the rush to get the financing under way so that grading can occur before the gnatcatcher is declared an endangered specie, certification is a done deal, and the democratic process is pure red tape. When the process shifts into warp speed as soon as there is a written decision and before the environmental community can react, there is a feeling we have been used to put a good face on things, to allay public unease, and discourage opposition, but that when the bell goes off environmentalists are left in the paddock while staff slaps the ready-made documents in front of the council as fast as they can be signed. Tomorrow night, the Planning Commission holds a hearing on the new Carlsbad General Plan Open Space Element. Here is another weighty document to read in a very short period of time which also applies to the viability of gnatcatcher habitat. In the past, open space in Carlsbad can be used for public buildings, tennis courts, parking lots and swimmimg pools. An open space designation in Carlsbad does not protect endangered species habi- tat. What designation is being proposed in any document for protected gnatcatcher habitat that will guarantee gnatcatcher preservation? Is Coastal Sage Scrub classified as constrained in the Carlsbad General Plan? What effect does/would this classification have upon the KCP agreement so far? What about the Carlsbad requirement for 15% of open space? How do the Fieldstone properties and the HCP agreements fold into Carlsbad's requirement of a percent of open space? What effect will the HCP agreements have on open space in future proposed developments? COORDINATION WITH NATIONAL ENVIRONMENTAL GROUPS 3. The fate of an endangered specie and an adjustment in the way endangered species are dealt with is not a local environmental issue. It is a national issue, and national environmental groups must be invited to the table if a true consensus is desired. The City of Carlsbad may believe that the existence of the gnatcatcher is at most a state and local issue, but it isn't. Rational environnental groups are very interested summary of the HCP agreement be made an official part of the Lf!L--& Pq3 e 0 in this process and the product that results. They will have input. What attempt has the City of Carlsbad made to include national environmental groups in their HCP or IiMP planning? Which groups were contacted? EMPHASIS OF HABITAT CONSERVATION PLANS ON HABITAT ALREADY ON THE BRINK OF EXTINCTION 4. The fatal flaw in this process and in the NCCP is that they deal only with coastal sage scrub, a habitat on the verge of extinction. Since we already have laws protecting endangered species and providing for their recovery, new processes should deal with habitats that are not yet threatened or be used in conjunction with existing law on habitats that support endangered species. 5. Cost is a process flaw. Neither Fish and Wildlife nor Fish and Game have the resources to spend on another HCP. Accommoda- ting the construction of one city road and its financing plan has been extremely expensive for the the Resource Agencies. If this process is to be used a second time, the Resource Agencies will have to be given a budget increase. PRODUCT Even more important than the HCP process is the environmental product, and here we have definite concern. LOSS OF MORE THAN 50% OF BIRDS ON SITE 1. The original EIR proposes dedication of Coastal Sage Scrub large enough to support 8 pair of gnatcatchers on site in perpe- tuity. The HCP negotiations do not increase the number of gnat- catchers to be preserved on site even though the allowed number of residential units has been decreased by nearly 1000. APPROVAL OF THIS AGENDA BILL AND THIS EIR WITHOUT A FINISHED HCP 2. We would like to be able to add our endorsement of the final project, but we can't. The final project isn't in writing and even if it were, we have not been allowed the time to circulate it winin the environmental community orto the public at large so that questions can be answered and agreement can be reached. The truth is that until the final agreement is in writing and sufficient time has been allowed for comment, it is impossible to agree to support it in entirety. One environmental representative on the committee asked for a written copy of the agreement to take to his organization. None existed. He refused to ask the organization he represented to endorse a verbal and perhaps still significantly fluid agreement. vJ$ r7yq 0 0 IS AB# 11,655 THE FINAL AGREEMENT? negotiated agreement. Specifically, in this Agenda Bill: 1) No habitat or open space maps are included that specify even roughly the areas to be preserved nor the location of the wildlife corridor agreed upon in the HCP. 2) The unconnected 'Northwest (?I' fieldstone parcel is not included in these pages either by map or reference. 3) The Agenda Bill includes without change the original EIR designation of off-site mitigation on the 388 Konyn parcel and the 80-acre Alyea site (Addendum, page x). These specific par- cels have been discarded as mitigation sites during the HCP discussions and the Agenda Bill should so state. 4) The present EIR requires a Habitat Conservation Plan as mitigation, but the Errata sheets in AB# 11,655 change the language of the EIR so that "an approved Habitat Conservation Plan (HCP)" now reads, "the mitigation measures listed below," without inclusion in the Agenda Bill of those measures or any change to those mitigation measures. What is the effect of this language change upon the project and upon the HCP agreements reached but not yet written and not included in this Agenda Bill? 5) Another language change listed in the Errata is to substitute "development" plans for "grading" plans when speaking of adjustments to preserve open space. Since our understanding is that mass grading will precede development plans, we disagree with this change of language and ask for written explanation of impacts to Coastal Sage Scrup and Open Space because ofthis change. What impact does this change of language have on the HCP agreement? 6) The revised grading ratio (page xv, ERRATA) from 7676 CY per acre to 8357 CY per acre means that this project will exceed the city's allowed 0-7999CY per acre in the City's Hillside Development Ordinance. 7) This statement, (page 2, AB 11,655) makes us very nervous, "A significant unmitigated impact has been identified on AIR QUALITY. For this reason a statement of overriding considerations is required and has been included in Planning Commission Resolution #3371. In addition, should the proposed Mitigation Plan regarding Diegan Coastal Sage Scrub habitat and the California gnatcatcher not be fully implemented, the same statement of overriding considerations would apply to the impacts of the project to biological resources," Page 7, lines 16 through 18 of Planning Resolution Eo. 3371 repeat this statement as legal language. What impacts do these statements have on the proposed, but as yet unwritten or adopted, HCP and/or mitigation plan? How do or do not these statements allow the city a legal loop- hole? What scenario is foreseen that causes the city staff to feel the need for these statements? If so, it contradicts the understanding we have of the HCP - d4 FS- 0 0 8) (Mass grading, page 4 PC Reso No. 3371) It was our under- standing that grading would be phased, that 2 gnatcatchers would have to be nesting in the revegetated corridor before Coastal Sage Scrub on Rancheros could be touched. Obviously lines 21, 22, and 23 negate that understanding. Was it a true impression that the Rancheros property would be un-graded until two gnatcat- cher pairs nested in the revegetated corridor and utilized that corridor for 75% of their territory? If not, please explain. 9) Page 3, (PC Reso No. 3371) Natural Resources should be amended to reflect current biology. 10) On page 5, a comparison of impacts to water resources should be made by comparing existing conditions (natural conditions) to the proposed project, not by comparing the proposed project to a hypothetical project. 11) The impact of light and glare on preservation of the gnatcatcher has not been dealt with. 12) The project will reduce the visual quality of the area. I have other concerns, but time constrains ne from presenting any but those I consider to be most important. In summary, What are we to think? Surely the city understands the message they are sending to the public by presenting Agenda Bill 11,655 for approval one week after reaching a conceptual agreement among the participating members of the E-ICP -- without written reference to that HCP surnr?.ary agreement, and without including the 4-page sumnary agreement in the approval package. Planning Commission Resolutions are legal documents. Is not Agenda Bill 11655 legally binding? Will the City suddenly discover that they are legally unable to implenent the EZCP after having approved tonight's agenda bill? khat provision in Agenda E.ill 11655 guarantees the existing HCP agreements and provides for inplenenting those agreenients? Concerning the HCP agreements, people ask, Isn't this a better deal than we had at the start?" The answer is, "Yes, the ZCP agreement is a better deal than we had at the start. But it is not as good a deal as we should have at the finish." 024 Dolores Welty -_ - . - I\ /J /e 0 t ---j- '1 /f71 /r:L;F :* J / p-, t<- (u"ir 1 Slioreliiie Studd (:enter April 16, 1991 Don Rideout Planning Department 2075 Las Palmas Dr Carlsbad, CA 92009-4859 Re: Habitat Advisory Group Dear Mr. Rideout: We note in your invitation and in your meeting of March 21, 1991 that the City has decided to limit: represenration of the envi- ronmental community EO two committee memDers. We regard this as inadequate representation, likely LO be outvotec! by non-environ- mental interests. In accordance with its charter, Shoreline Study Center wishes to retain the right of independenc research, publication, and other actions in the public interest. We request that the name of Shoreline Study Center not be used in any list or representation as participating, subscribing or endorsing the composition or actions of the Habitat Advisory Group/Commitree. .I City of Carlsbad Sincerely, Inez Yoder, President cc: Arboretum Foundation 199 !Vorth F,'/ (itmillo Reo1 Suite 41 I 9 Encutitas. (',4 92024 fi77iulLfld '1 B 'f ' /~t%L:*NTs 'L- COLLABORATIVE To: HCP Facilitation Team From: Rick Alexander Re: Draft Final Presewation/Mitigation Criteria Date : May 6, 1992 I have prepared a draft final listing of those project design, habitat conservation, and mitigation actions which will be part of a final agreement on the Carlsbad HCP. Following review by the participating parties, a joint proposal will be finalized which incorporates these points of agreement for public environmental review. 1. All three Fieldstone project areas are included in the for HCP Agreement agreement: - Southeast I1 (RSF Road) - Rancheros - Northwest 2. Southeast I1 Agreement Details A. Cross-Project Corridor: - Preserve and revegetate a wildlife habitat parcel with open land in natural vegetation to the southeast. In discussion of this point, both a 11northern11 and "southern" corridor were considered. Fieldstone has chosen to preserve the llnorthernll corridor which will: - Have a minimum width of 1,000 feet. - * corridor across the project linking the Rancheros Support two nesting pairs of California gnatcatchers with 75% of each pair's territory located in the corridor. Nesting sites for these two pairs must also be in the corridor boundaries. Alternatively, the Fish and Wildlife Service may choose other criteria proposed by Fieldstone to demonstrate the biological integrity of the "northern corridor. 1' The corridor must encompass the northwestern population of Muilla clevelandii. - 570 Rancheros Drive, Suite 201 San Marcos, CA 92069 - -- - -. . _. . - - - ._ _. - 619 1471-2365 FAX 619 1471-2383 - - -_ ---_ - - -_ 0 0 - In any event, the tlsouthern corridortt area may not be disturbed until the Fish and Wildlife Service has agreed that the proceeding criteria are met. B. Water District Land - Attempt to reach an agreement with the Vallecitos Water District on future use and/or revegetation of District lands surrounding the reclaimed water reservoir which are adjacent to the corridor. In any event, quality of natural habitat on District land can be no worse than at the time of this r~d :'P XI\/ ) -) )I)\ Agreement. p C. Parcel East of Rancho Santa Fe Road - Fieldstone and the City will resolve the future use of the approximately 17 acres south of the new location of Questhaven Road; including as an option preservation of this area as part of the corridor. qwJ D. San Marcos Creek Wildlife/Habitat Corridor: - To be designed cooperatively with the City of San Marcos and University Commons development. - Takes advantage of RSF Road bridge height to provide wildlife access underneath. - Average width 2,400 feet. - Explore potential revegetation of private park along creek corridor in San Marcos. E. Melrose Avenue: - Redesign Melrose alignment to retain California gnatcatcher "use areas 5 and 21." - Downgrade Melrose from prime arterial to major - Agreement on taking of habitat associated with arterial in order to reduce right-of-way width. Melrose applies only to that portion of the road alignment contained within the boundaries of the SE I1 project area. a e F. Summary of Impact and Mitigation for Southeast I1 Parcel 7 'I 750 approximate total acres 457 ac. of Coastal Sage Scrub 218 ac. of CSS impacted 22 pairs California gnatcatchers 16 pairs CGC impacted 8 pairs CGC retained, including 2 pairs reestablished in the cross-project corridor 3. Rancheros Agreement Detail Design project to preserve most Coastal Sage Scrub on- site and 2/3 of the California gnatcatcher pairs. Agree to a generalized site plan and on-site minimization which reflects this preservation. A. .B. C. Fish b Wildlife will conduct a verification survey for gnatcatchers for the purpose of improved information. Fieldstone will be consulted on survey design, criteria, and conduct. Summary of Impact and Mitigation for Rancheros Parcel D. 750 approximate total acres 240 ac. of Coastal Sage Scrub 100 ac. CSS impact 13 pairs California gnatcatchers currently . identified 1/3 of CGC pairs impacted - & W p - W) 2/3 of CGC pairs retained 4. Northwest Agreement Detail A. Agree to a generalized site plan and on-site minimization of take. B. Fieldstone to provide off-site mitigation for gnatcatcher pairs at a ratio of 1:l for the allowed take at an anticipated cost of $5,000,000. - Off-site mitigation would be in a corridor study area generally linking Carlsbad and the SE I1 project site to the San Dieguito JPA boundary. site mitigation in the study area, subject to final approval of the Service and the California Department of Fish and Game. - Parties would jointly develop criteria for off- - e 0 " / f C. Summary of Impact and Mitigation for Northwest Parcel 350 approximate total acres 119 acres of Coastal Sage Scrub 69 ac. of CSS impacted 13 pairs California gnatcatchers 5, Areas of Agreement Which Apply to All Three Parcels A. Phase Grading: - Fieldstone and the City will develop a plan for phasing of grading in all three project areas, although grading associated with Rancho Santa Fe Road will proceed. .B. Revegetation Plan - Fieldstone will develop a revegetation/maintenance plan for all appropriate areas once final agreement is reached on areas developed and preserved. An institutional management structure will also be established. C. Fund Carlsbad HMP - Fieldstone will provide funding for the HMP not tc - Fieldstone will provide $50,000 in additional exceed $150,000. funding for independent scientific research on the California gnatcatcher. APPLICANT: City of Carl sbad PUBLISH: April 10, 1992 CITY OF CARLSBAD CITY COUNCIL 6iii-qpJ b I 4 o*ouLKIp.Brr -------- - -*u..cKTlyITw~l m.DB0Da.H RN*Lc.LLIIT Cq d LdJM I EIR 91-1 RANCHO SANTA FE RD ALIGNMENT & MASS GRADING APPLICANT: City of Carl sbad PUBLISH: April 9, 1992 CITY OF CARLSBAD CITY COUNCIL 9-j 4 -------- -- - uIsn*3*u1*B(T(wm~) mm-mnm ~l~ul~*uo~cn City (I cusw I EIR 91-1 RANCHO SANTA FE RD ALIGNMENT & MASS GRADING * NOTICE OF PUBLIC HEARING e NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Wednesday, March 4, 1992, to consider a request for the certification of an Environmental Impact Report to realign and construct Rancho Santa Fe Road to prime arterial standards from La Costa Avenue north to the existing Melrose Avenue. The project is located in Local Facilities Management Zone 11. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after February 26,1992. If you have any questions, please call Christer Westman in the Planning Department at 438-1161, ext. 4448. If you challenge the Environmental Impact Report in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: EIR 91-1 CASE NAME: RANCHO SANTA FE ROAD REALIGNMENT AND MASS GRADING PUBLISH: FEBRUARY 20, 1992 CITY OF CARLSBAD PLANNING COMMISSION CW:km @ 4 ------__ OROIUL- - EusTlGwo1Bn~mBIRsI) 888888.88. W Urwsn city d c I EIR 9' RANCHO SANTA FE RD ALIGNMENT & MASS GRADING 6 6 (Form A) i TO: CITY CLERK'S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice EIR 91-1 - Rancho Santa Fe Road Enviornmental Impact Report for a public hearing before the City Council. # Please notice the item for the council meeting of 4/21/92 Thank you. 4/3/92 Assist- ity Managa Date * 1) + Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to W.C.C.N. Inc. P.O. Box 230878, Encinifas, CA 92023-0878 (61 9) 753-6543 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled I am principal clerk of the printer of the Carlsbad Journal, a newspaper of general circ published weekly in the City of Carlsbad, County of San Diego, State of California, and which ne1 is published for the dissemination of locaI news and intelligence of a genera1 character, an1 newspaper at all times herein mentioned had and still has a bona fide subscription list of subscribers, and whichnewspaper has been established, printed and published at regular intervz said City of Oceanside, County of San Diego, State of California, for a period exceeding one YE Ll preceding the date of publicatioI I notice hereinafter referred to; and & notice of which the annexed is a 1 copy, has been published in each in any supplement thereof on the t and entire issue of said newspaper -.?e: 'i 1 1) ing dates, to-wit: April 09 I certify under penalty of perjury foregoing is true and correct. Exec Carlsbad, County of San Diego, : Californiaon the 9th day of Aori 1 1992 Clerk of the 4Wl Ir/irOh2.*e I ’ NOTICEOF PUBLIC HEARING RANCHO SANTA FE ROAD REALIGNMENT AND MASS GRADING EIR 91-1 NOTICE IS HEREBY GIVEN that the City Council of the City of Carls- bad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, . California, at 6:OO p.m., on Tuesday, April 21,1992, to consider a request for certification of an Environmen- tal Impact Report to realign and construct Rancho Santa Fe Road to prime arterial standards from La Costa Avenue north to the existing Melrose Avenue. The project is 10- cated in Local Facilities Manage- ment Zone 11. If you have any questions regard- ing this matter, please call Christer Westman in the Planning Depart- ment at 438-1161, extension 4448. If you challenge the Environmen- tal Impact Report in-court, you may be limited to raising only those issues raised by you or someone else at ublic hearing de- scribed i notice or in written correspondence delivered to the at or prior to the public hearing. Applicant: City of Carlsbad CITY OF CARLSBAD CITY COUNCIL , City of Carlsbad, City Clerk’s Office, CJ 6775: April 9.19DZ , 4 ---- ---- QlDuL- - uOR(0~mmnyr) mm- (VIU- I Civ II W 1 EIR 91-1 --_ __~-- - -._I RANCHO SANTA FE RD ALIGNMENT 6 MASS GRADING