HomeMy WebLinkAbout1996-01-09; City Council; 13464 Exhibit 8; Carlsbad Ranch Specific Plan1
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/ EXHBIT g
PLANNING COMMISSION RESOLUTION NO. 3844 1ppN
A RESOLUTION OF THE PLANNIN G COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING CERTIFICATION OF A PROGRAM
ENVIRONMENTAL IMPACI’ REPORT, EIR 94-01, FOR
THE CARLSBAD RANCH SPECIFIC PLAN AMENDMENT
AND RELATED APPLICATIONS ON PROPERTY
GENERALLY LOCATED NORTH OF PALOMAR
AIRPORT ROAD, SOUTH OF THE FUTURE CANNON
ROAD EXTENSION, EXCEPTING APPROXIMATELY 24.2
ACRES LOCATED ON THE NORTH SIDE OF CANNON
ROAD, EAST OF PASEO DEL NORTE AND WEST OF
LOCAL FACILITY MANAGEMENT ZONES 5 AND 8.
CASE NAME: CARLSBAD RANCH/LEGOLAND
CASE NO:
SPECIFIC PLAN AMENDMENT
EIR 94-01
WHEREAS, the Caritas Company has fled a verified application for certain
property, to wit:
A portion of Lots “G” and “I-I” of Ranch0 Agua Hedionda, in the City
of Carisbad, County of San Diego, State of California, according to the
map thereof No. 823, flied in the OfIice of the County Recorder of San
Diego County November 16,1896; and Lots 1,2,7, and 8 of Carisbad
Tract No. 92-7 (Carisbad Ranch Unit 1 and 2), in the City of
Carisbad, County of San Diego, State of California, according to the
map thereof No. 13078, filed in the Office of the County Recorder of
San Diego County on December 28, 1993; and Lots 9-14, inclusive of
Carisbad Tract No. 92-7 (Carisbad Ranch Unit 3), in the City of
Carisbad, County of San Diego, State of California, according to the
map thereof No. 13215, filed in the OMce of the County Recorder of
San Diego County on June 30,1995.
with the City of Carlsbad, which has been referred to the Planning Commission; and
WHEREAS, said application constitutes a request for approval of the
Carisbad Ranch/LEGOLAND Specific Plan Amendment Project (“Project”) as is more fully
described in the Final Program Environmental Impact Report, EIR 94-01 as provided in
Chapter 19.04 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 6th day of December, 1995,
hold a duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to the project; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
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B)
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Findiws:
That the foregoing recitations are true and correct.
That the Final Program Environmental Impact Report consists of the Draft
Environmental Impact Report, EIR 94-01, dated November 1995, appendices,
written comments and responses to comments, as amended to include the
comments and documents of those testifying at the public hearing and
responses thereto hereby found to be in good faith and reason by
incorporating a copy of the minutes of said public hearings into the report, ail
on file in the Planning Department incorporated by this reference, and
collectively referred to as the “Report”.
That the Environmental Impact Report EIR 94-01 as so amended and
evaluated is recommended for acceptance and certification as the final
Environmental Impact Report and that the final Environmental Impact
Report as recommended is adequate and provides reasonable information on
the project and all reasonable and feasible alternatives thereto, including no
project.
That among the alternatives evaluated, it is recommended that the project
which incorporates mitigation measures as discussed below, be approved for
implementation.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS CERTIFICATION of Program Enviromnental Impact
Report, EIR 94-01; APPROVAL of the Candidate Findings of Fact (“CEQA
Findings”) dated December 6,1995, attached hereto marked Exhibit “K-l” and
incorporated by this reference; APPROVAL of the Statement of Overriding
Considerations (“Statement”) dated December 6, 1995, attached hereto
marked Exhibit “K-l” and incorporated by this references; and APPROVAL
of the Mitigation Monitoring and Reporting Program (“Program”) dated
December 6,1995, attached hereto marked Exhibit “L-l” and incorporated by
this reference; and based on the following findings and subject to the
following conditions.
1. The Planning Commission does hereby find that the Report, the CEQA Findings,
the Statement, and Program have been prepared in accordance with requirements of
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the California Environmental Quality Act, the State EIR Guidelines, and the
Environmental Review Procedures of the City of Carlsbad.
The Pianning Commission of the City of Carlsbad has reviewed, analyzed and
considered Final Program EIR 94-01, the environmental impacts therein identified
for this project; the Candidate Findings of Fact (“Findings” or “CEQA Findings”) and
the Statement of Overriding Considerations attached hereto as Exhibit “K-l”, the
Mitigation Monitoring and Reporting Program (“Program”) attached hereto as
Exhibit “L-l”, both of which are incorporated herein by this reference, prior to
recommending approval of the project.
The Planning Commission finds that Final Program EIR 94-01 reflects the
independent judgment of the City of Carlsbad Planning Commission.
The Planning Commission does hereby recommend approval, accept as its own,
incorporate as if set forth in full herein, and make each and every one of the findings
contained in the ‘Candidate Findings of Fact” (Exhibit “K-1”).
As is more fully identified and set forth in Final Program EIR 94-01 and in the
Candidate Findings of Fact, the Planning Commission hereby finds pursuant to
Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that the
mitigation measures described as feasible in the above referenced documents, are
feasible, and will become binding upon the entity assigned thereby to implement
same.
As is also noted in the above referenced environmental documents described in the
above finding number 4, each of the alternatives to the project which were identified
as potentially feasible in Final Program EIR 94-01 are found not to be feasible since
they could not meet both the objectives of the project and avoid the identified
significant environmental effects through implementation of feasible mitigation
measures for the reasons set forth in said Candidate Findings of Fact.
As required by the Public Resources Code Section 21081.6, the Planning
Commission hereby recommends adoption of the Mitigation Monitoring and
Reporting Program (“Program”) (Exhibit “L-l”). The Planning Commission hereby
finds that the Program is designed to ensure that during project implementation the
developer and any other responsible parties implement the project components and
comply with the feasible mitigation measures identified in the Candidate Findings of
Fact and the Program.
Even after the adoption of all feasible mitigation measures and any feasible
alternatives, certain significant or potentially significant environmental effects caused
by the project, will remain. Therefore, the Planning Commission recommends that
the City Council of the City of Carisbad hereby issue, pursuant to Section 15093 of
the CEQA Guidelines, the Statement, which identifies the specific economic, social,
and other considerations that render the unavoidable significant adverse
environmental effects acceptable.
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9. The Record of Proceedings for this project consists of the following:
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b)
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Conditions:
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The Report, CEQA Findings, Statement and Program;
All reports, applications, memoranda, maps, letters and other planning
documents prepared by the planning consultant, the project Applicant, the
environmental consultant, and the City of Carlsbad that are before the
decisionmakers as determined by the City Clerk;
All documents submitted by members of the public and public agencies in
connection with the EIR on the project;
Minutes and verbatim transcripts of ail workshops, public meetings and
public hearings; and
Matters of common knowledge to the City of Carisbad which they consider,
including but not limited to, the Carisbad Generai Pian, Carisbad Zoning
Ordinance, and Locai Facilities Management Plan, which may be found at
City Hail located at 1200 Carisbad Village Drive and the Community
Development OMce located at 2075 Las Paimas Drive in the custody of the
City Clerk and Director of Planning.
Refer to attached Exhibit “L-l”, Mitigation Monitoring and Reporting Program, for
the mitigation measures and monitoring programs applicable to development of the
Carisbad Ranch/LEGOLAND Specific Plan Amendment Project.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on the 6th day of December,
1995, by the following vote+ to wit:
AYES: Chairperson Welshons, Commissioners Compas, Nielsen, Noble
and Savary
NOES: Commissioner Ewin and Monroy
ABSENT: None
ABSTAINz None
KIM’WELSHONS, Chairperson
CARLSBADPL,ANNlN G COMMISSION
ATTEST:
Planning Director
CARLSBAD RANCH SPECIFIC PLAN AMENDMENT PROGRAM EIR
FINAL CEGA FINDINGS OF FACT
and
STATEMENT OF OVERRIDING CONSIDERATIONS
TABLE OF CONTENTS
PAGE
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IV.
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VI.
VII.
WI.
IX.
INTRODUCTlON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,3
PRWECTDESCRlPTlON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...4
PROGRAM EIR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . 10
RECORD OF PROCEEDINGS . . . . . . . . . . . . . . . . . . . . . . . . . , . , . 11
TERMINOLOGY/THE PURPOSE OF FINDINGS UNDERCEQA........................................12
LEGAL EFFECT OF FINDINGS . . . . . . . . . . . . . . . . . . . . . . . . . . , . 13
MITIGATION MONITORING PROGRAM . . . . . . . . . . . . . . . . . . . . . . 13
IMPACTS DETERMINED TO BE INSIGNIFICANT . . . . . . . . . . . . . . . 13
DIRECT SIGNIFICANT EFFECTS AND MlTlGATlON MEASURES..........................................17
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Air Quality ...................................... 19 Archaeological and Paleontological Resources ............ 20 Biological Resources .............................. 22
Traffic/Circulation ................................. 24
Hazardous Waste/Pesticide Residue ................... 26
Land Use Compatibility ............................. 28 Noise ......................................... 29
Public Services and Utilities ......................... 29 Solid Waste.. ................................... 30 Visual Aesthetics/Grading ........................... 31
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. ” TABLE OF CONTENTS
(Continued)
X. CUMULATIVE SIGNIFICANT EFFECTS AND MITIGATION
MEASURES . . . . . . . . . . . . . . . . . . . ..a . . . ..a . . . . . . . . . . . . . . . . . . 32
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Agricultural Resources ............................. 32 AirQuality.. .................................... 32
Archaeological and Paleontological Resources ............ 34 Biological Resources .............................. 36 Traffic/Circulation ................................. 37 Hazardous Waste/Pesticide Residue ................... 39 Land Use Compatibility ............................. 40 Noise .......................................... . Public Services and Utilities ......................... 41 Solid Waste ..................................... 42
Visual Aesthetics/Grading ........................... 43
Water Quality .................................... 43
XI. FEASIBIUTY OF POTENTlAL PROJECT ALTERNATIVES. . . . . . . . . . . . . . . 44
XII. STATEMENT OF OVERRIDING CONSIDERATIONS . . . . . . . . . . . . . . . . . . 54
BEFORE THE CARLSBAD CITY COUNCIL
RE: Carlsbad Ranch Specific Plan Amendment
FINDINGS OF FACT
INTROdiJCllON
The Final Program Environmental Impact Report (FPEIR) prepared on this project addressed the potential environmental effects of developing 471.60 acres of land and improvements to the M/Cannon Road interchange. The Carkbad Ranch Specific Plan
Amendment submitted by The Carltas Company contained both a land use plan and policy language to guide the long-term development of 447.40 acres. The Specific Plan Amendment proposes a mix of office, research and development, related light manufacturing, commercial, hotel, destination resort, golf course, agriculture, a vocational
school campus, and LEGOLAND Cat&bad. Additionally, the proposed project involves the development of a portion of the proposed golf course on a 24.2 acre parcel under SDG&E ownership, and improvements to the M/Cannon Road interchange.
In addition to the Car&bad Ranch Specific Plan Amendment, the FPEIR evaluated three alternatives to the proposed project. These included the No Project/No Development Alternative, the Development Under Existing Catisbad Ranch Specific Plan Designations Alternative, and the Alternative Location.
II. PROJECT DESCRIPTION
The Carlsbad Ranch Specific Plan Amendment area contains a total of 447.40 acres. The purpose of the Carlsbad Ranch Specific Plan Amendment is to provide a comprehensive set of guidelines, regulations, and implementation programs for guiding and ensuring the orderly development of the Carlsbad Ranch in accordance with the City’s General Plan. The specific plan defines the allowable type and intensity of land use, provides detailed
development and design standards and criteria, and describes the method by which the
Carlsbad Ranch Specific Plan Amendment will be implemented.
City Council adoption of the specific plan will establish the zoning and development standards for this property. The Carlsbad Ranch Specific Plan Amendment will ensure that the subject property is developed in full accordance with the City of Carlsbad General Plan,
Local Coastal Program - Mello II Segment, Zone 13 Local Facilities Management Plan, McClellan-Palomar Airport Comprehensive Land Use Plan, and Land Conservation Contract 76- 1.
The proposed land uses for the Specific Plan reflect a mix of non-residential uses. Proposed uses include office, research and development, related light manufacturing, commercial, hotel, destination resort, golf course, agriculture, a vocational school campus and LEGOLAND Carlsbad.
Gemobgid Iidtute of America (Planning Area I)
The Gemological Institute of America (GIA) planning area consists of 28.93 net acres located in the northwest portion of the specific plan on the corner of LEG0 Drive and Cannon Road. The GIA planning area is proposed for a vocational campus including classroom facilities, auditoriums, research and laboratory facilities, libraries, administrative offices, manufacturing, warehousing, museum, bookstore, dining and recreational facilities, and dormitories. A total of 550,000 square feet of building is proposed within this area. The GIA currently has an approved site development plan permit for this planning area. The Site Development Plan was approved pursuant to the existing Carlsbad Ranch Specific Plan (SP207).
Reward8 Lb Devetopent/* (Phmningha 2)
The Research & Development/Office planning area consists of 40.01 net acres located in
the central portion of the specific plan, south of Planning Area 1 on the east side of Armada Drive. A combination of approximately 300,000 square feet of office and
approximately 500,000 square feet of research and development uses are proposed within this area.
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Clmamdy Hdel & Retail (Planning Area 3)
The Community Hotel & Retail planning area consists of 10.48 net acres located south of
Planning Area 2 on the west side of Armada Drive overlooking the flower fields. A
mixture of retail, lodging, timeshare, and office uses are proposed in this area which would
consist of a 280 room hotel, and 20,000 square feet of retail.
LEGOLAD Cadrbad (Planning Area 4)
The LEGOLAND Carlsbad planning area consists of 128.32 net acres proposed within the
southeast quadrant of the specific plan. The LEGOLAND Carlsbad planning area is a
themepark which features LEG0 models and child oriented activities for children in the
2-13 age group and their families. This area will consist of parking, an inner park of active and passive clusters, an outer park and service and administration area. A total of 425,750 square feet of building area is proposed within this area.
Resoit (Pkhnnihgha 5)
The Resort planning area consists of 52.8 net acres located north of Planning Area 4 at the
eastern edge of the specific plan. A full-service destination resort which may include up
to 700 suites, meeting space, restaurants, recreation and associated
facilities is proposed within this planning area. The resort architecture will be
compatible with the same Mediterranean architectural vocabulary prevalent throughout the
specific plan except within the LEGOLAND Carlsbad inner park. Architectural features will include sloping tile roofs, terraces, arches, and elevated walkways connecting the various buildings. A golf course open to the public is proposed below the resort.
Specialty Retail (Phning ha 6)
The Specialty Retail planning area consists of 26.65 net acres located on the east side of
Paseo De1 Norte. This western-most portion of the specific plan below the flower fields
and adjacent to Paseo De1 Norte will be developed as a specialty retail center. Buildings will be designed and oriented to allow for views of the flower fields to the east. A total of 300,000 square feet of specialty retail is proposed within this area.
Flower Fiei& (Pliuuhg Area 7)
The Flower Fields planning area consists of 53.42 acres located east of Planning Area 6, west of Planning Areas 2 and 3 and north of Palomar Airport Road. This area will continue its existing use as flower fields.
Golf Gnme (Plmyring ha 8a, 86)
The golf course planning area consists of a total of 72.07 net acres located on the south side of Cannon Road in the northern portion of the specific plan The golf course is planned as a nine-hole course open to the public. Access between the eastern and western
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parts of the golf course will be provided on the SDG&E property on the north side of Cannon Road.
Natwd Open Space (Plimning Area 9)
The Natural Open Space planning area consists of 10 net acres and is located east of Planning Area 5 in the northeast corner of the specific plan. This area consists of steep slopes covered with native vegetation. No grading or construction is proposed in this area. Planning Area 9 will remain in its existing condition.
SDG&E Parcel
Approximately 21.16 acres of area north of Cannon Road and outside of the specific plan boundary is proposed as a link between the two golf course areas. This parcel is proposed to be developed with approximately 2 golf course holes, in addition to providing golf cart and pedestrian access to the golf course planning areas 8a and 8b. Additionally, 3.04 acres south of Cannon Road adjacent to the northeastern corner of the Carlsbad Ranch are proposed to provide access to the Resort Planning Area.
This area will be subject to approval of a Conditional Use Permit when development plans for the golf course are available.
Interstate S/Cannon Road Interchange Improvements
A component of the proposed project will consist of improvements to the Interstate S/Cannon Road interchange which will include widening the existing interchange ramps, metering the entrance ramps, signalizing and channelizing the local street and ramp termini intersections, and construction of merge lanes on Interstate 5 north and south of the Cannon Road Interchange. A Project Study Report (PSR) has been prepared for the proposed interchange improvements component of the project by Caltrans. The PSR describes in detail the geometric improvements for the interchange. Cannon Road will be
extended from its existing terminus at Car Country Drive to serve the project site.
The Project objectives as set forth in the FPEIR are hereby incorporated by this reference. (FPEIR, p.3-7 through 3-12) In arriving at its final decision, the decisionmakers took into
consideration objectives set forth in the FPEIR.
The discretionary actions taken by the decisionmakers in approving this Project are:
1. General Plan and Local Coastal Plan Amendment (Mello II Segment). The
applicant is requesting an amendment to the General Plan and Local Coastal
Plan (Mello II Segment). The amendment consists of a change to the
General Plan and Local Coastal Plan Land Use Designations shown on Figure 3-4 to the proposed designations shown on Figure 3-5 of the FPEIR (p.3-15, 3-16). Also proposed is an amendment to the circulation element to replace Hidden Valley Road with Armada Drive. An amendment to the text of the Mello II Segment of the Local Coastal Plan is also proposed.
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2.
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Zone Change. The proposed project will require a zone change to change the existing zoning designations of the project site to make the zoning consistent with the proposed General Plan and Local Coastal Plan designations. The existing zoning designations are shown in Figure 3-6 and the proposed designations are shown in Figure 3-7 of the EIR (p. 3-17,3-18).
Carlsbad Ranch Specific Plan Amendment. The applicant is requesting an amendment to the adopted Carlsbad Ranch Specific Plan which increases the land area of the original specific plan by 23.89 acres. This increase includes the transfer of 20.56 acres from Zone 5 to Zone 13 which is located along the southeast boundary of the project and the inclusion of 3.33 acres south of Cannon Road. The amendment also changes the proposed land uses for the Specific Plan. Although some of the uses will be similar in type to the original Carlsbad Ranch Specific Plan, there will be a significantly reduced office/research & development component and the focus of the project will be recreational, retail, and visitor serving land uses.
Local Facilities Management Plan Amendment (Zone 13). The amendment is required to reflect proposed refinements in land use and adjustments to the Zone 13 boundary. The boundary adjustment incorporates an area which was formerly within Zone 5.
Cancellation of a Land Conservation Contract (Williamson Act) on portions
of the property and an amendment to the Preserve Boundaries. The
proposed project includes the request for cancellation of the Williamson Act
Land Conservation Act Contract on approximately 181.2 acres. The
boundaries of the agricultural preserve will be revised to cover only the acres remaining under contract.
Master Tentative Map. The applicant is requesting approval of a Master Tentative Map for the Specific Plan. A tentative map will be required for implementation of proposed development as analyzed in this document. The tentative map is required for all subdivisions creating five or more parcels pursuant to Government Code Section 66426.
Non-Residential Planned Unit Development Permit. A Non-residential Planned Unit Development Permit is proposed to allow for Street “D” within
Planning Area 2 (Research and Development/Office) to be a private street
with special design features.
Hillside Development Permit. Proposed grading of the project site must be in conformance with the City’s Hillside Development Ordinance. The purpose of this permit is to review this conformance.
Development Agreement. The applicant is requesting approval of a Development Agreement. Approval of a Development Agreement would provide the City of Carlsbad and the applicant certain assurances that, during
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the specified term of the Development Agreement, the various elements of the Carlsbad Ranch Specific Plan can be developed in accordance with the Specific Plan and other City rules, regulations and requirements in effect on the effective date of the Development Agreement.
10. Street Vacation for a portion of Armada Drive associated with proposed alignment changes to this roadway. The proposed project will require a vacation of a portion of Armada Drive due to the plan’s proposed realignment of this roadway.
Discretionary Actions - SDG&E Parcel
The following provides a list of the actions/approvals that will be under consideration by the City Council related to the SDG&E parcel component of the proposed project, and as analyzed in this EIR.
1. Zone Change. Currently, the site has a zoning designation of P-U (Public Utilities) with a general plan designation of OS (Open Space). Since the zoning designation is inconsistent with the general plan designation., a zone change is required to maintain general plan and zoning consistency. The proposed zone change will be from P-U to O-S for the 24.2 acre site and will allow for the development of the two holes of golf north of Cannon Road.
2. Local Coastal Plan Amendment (Agua Hedionda Segment). Minor changes to the Agua Hedionda Lagoon segment of the Local Coastal Plan are required to allow for the development of the two golf holes north of Cannon Road on the SDG&E property. In addition the Local Coastal Plan Amendment includes the Zone Change as the Zoning is the implementing ordinance for the Local Coastal Plan.
3. SDG&E Specific Plan Amendment. Amendment to the boundaries of the SDG&E Encina Specific Plan. The amendment to the SDG&E Encina Specific Plan will be to remove 24.2 acres from the specific plan area. The existing Encina Specific Plan consists of an approving ordinance and a land The revised land use map will supersede the current map and ~~o~pa part of the existing Encina Specific Plan.
Subsequent discretionary approvals that will be required prior to development in the specific plan will include one or more of the following:
0 Site Development Plan 0 Coastal Develo ment Permit 0 Non-Residenti ap Planned Development 0 Conditional Use Permit 0 Tentative Map
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Subsequent discretionary a north of Cannon Road provals that will be required pcor to development in the area mc udes one or more of the followmg: P
l Conditional Use Permit . Coastal Development Permit
III. PROGRAM EIR
A program EIR is an EIR which may be prepared on a series of actions that can be characterized as “one large project” and are related either: (1) geographically; (2) as lo Y ‘cal parts in the chain of contemplated actions; (3) in connection wtth the issuance of ru es, regulations, plans, or other general criteria to govern the conduct of a continuing program; or (4) as individual activities carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects which can be mttigated in similar ways (CEQA Guidelines, 14 Cal. Code Reg. 9 15168, subd. (a).)
Use of a program EIR can provide the following advantages. The program EIR can: (1) provide an occasion for a more exhaustive consideration of effects and alternatives than would be practical in an EIR on an individual action; (2) ensure consideration of cumulative impacts that might be slighted in a case-b reconsideration of basic policy considerations; and (4 r
-case analysis; (3) avoid duplicative allow the Lead Agency to consider broad policy alternatives and program-wide mitigation measures at an early time when the agency has greater flexibility to deal with basic problems of cumulative impacts; and 5 allow reduction in paperwork. (CEQA Guidelines, 14 Cal. Code Reg. $ 15168, subd. (b . 51
“Use of the program EIR also enables the Lead Agency to characterize the overall program as the Project being approved at that time. Following this approach when individual activities within the program are proposed, the agency would be required to examine the individual activities to determine whether their effects were fully analyzed in the pro ram EIR. If the activities would have no effects beyond those analyzed in the E rogram B IR, the agency could assert that the activities are merely part of the program w ich had been ap of ers many possibilities for agencies to reduce their costs of CEQA compliance and still P roved earlier, and no further CEQA compliance would be required. This approach
achieve high levels of environmental protection.” discussion following 0 15 168). (CEQA Guidelines, 14 Cal. Code Reg.,
The CEQA Guidelines provide that the “degree of specificity required in an EIR will correspond to the degree of specificity involved in the underlying activity.” (Guidelines Section 15 146.)
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IV. CORD OF PROCEEDINGS
For the purposes of CEQA and the findings set forth below, the administrative record of the City Council decision on the environmental analysis of this Project shall consist of the following:
s The Draft and Final Program EIR for the Project, including appendices and technical reports;
s All reports, applications, memoranda, maps, letters and other planning documents prepared by the planning consultant, the environmental consultant, and the City of Carlsba B reject Applicant, the that are before the
decisionmakers as determined by the City Clerk;
s All documents submitted by members of the public and public agencies in connection with the EIR on the Project;
m Minutes and verbatim transcripts of all workshops, public meetings and public hearings held by the City of Carlsbad, or video tapes where transcripts are not available or adequate;
s Any documentary or other evidence submitted at workshops, public meetings and public hearings; and
e Matters of common knowledge to the City of Carlsbad which they consider, including but not limited to, the following:
s Carlsbad General Plan Carlsbad Zoning Ordinance - Local Facilities Management Plan
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V. INOLOGY-fI-HE PURPOSE OF FINDINGS UNDER CEQa
Section 15091 of the CEQA Guidelines requires that, for each significant environmental effect identified in an EIR for a Project, the approving agency must issue a written finding or more of the three allowable conclusions. The first is that “[clhanges or ave been required in, or incorporated into, the Project which d or lessa the significant environmental effect as identified in the final EIR.” ded.) The second potential finding is that “[s]uch changes or alterations are sponsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.” “[s] The third permissible conclusion is that ecific economic, social or other considerations make infeasible the mitigation measures or F reject alternatives identified in the final EIR.”
Regarding the first of three potential findings, the CEQA Guidelines do not define the difference between “avoiding” a significant environmental effect and merely “substantially lessening” such an effect. The meaning of these terms, therefore, must be gleaned from other contexts in which they are used. Public Resources Code Section 21081, on which CEQA Guidelines section 15091 is based, uses the term “mitigate” rather than “substantially lessen.” The CEQA Guidelines, therefore, equate “mitigating” with “substantially lessening.” Such an understanding of the statutory term is consistent with Public Resources Code section 21001, which declares the Legislature’s policy disfavoring the approval of projects with significant environmental effects where there are feasible mitigation measures or alternatives that could “avoid or substantially lessen” such significant effects.
For purposes of these findings, the term “avoid” shall refer to the ability of one or more mitigation measures to reduce an otherwise significant effect to a In contrast, the term “substantially lessen” shall refer to the a substantially reduce the severity of a si nificant
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effect, but not to reduce the effect to a level of insignificance. approving agencies s Although CE A Guidelines section 15091 requires only that ecify that a particular significant effect is “avoid[ed] pi substantially lessen[ed],” these fin B ings, for purposes of clarity, will specify whether the effect in question has been fully avoided (and thus reduced to a level of insignificance) or has been substantially lessened (and thus remains significant).
The purpose of these findings is to systematically restate the significant effects of the Project on the environment identified in the Final Program EIR, and determine the feasibility of mitigation measures and Project alternatives identified in the Final Program EIR which would avoid or substantially lessen those significant effects. Once the City has adopted sufficient measures to avoid a significant impact, the City does not need to ado t every mitigation measure broyght to its attention or identified in the Final Program El f; .
It is the policy of the State of California and the City of Carlsbad to not approve a Project if there are available feasible mitigation measures or project alternatives which would substantially lessen that Project’s significant environmental effects. Only when such mitigation measures or Project alternatives are found to be infeasible because of specific economic, social or other conditions set forth in these findings may the City approve a Project in spite of its significant effects.
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Another purpose of these findings is to bring focus on Project alternatives in the ultimate decisionmaker’s decision whether to approve or disapprove the Project. If, after application of all feasible mitigation measures to the Project, significant impacts remain, Project alternatives identified in the FPEIR must be reviewed and determmed to be feasible or infeasible. The findings set forth the reasons, based on substantial evidence in the record, that the decisionmakers conclude any such Pro’ect alternatives are infeasible (see further discussion in Feasibility of Alternatives Section \ .
VI. LEGAL EFFECT OF FINDINGS
To the extent that these findings conclude that proposed mitigation measures outlined in the Final EIR are feasible and have not been modified, superseded or withdrawn, the City of Carlsbad (“City” or “decisionmakers”) hereby binds itself and any other responsible parties, including the Applicant and its successors in interest (hereinafter referred to as “A i np plicant”), to implement those measures. These findings, in other words, are not merely ormational or hortatory, but constitute a binding set of obligations that will come into effect when the City adopts the resolution(s) approving the Project.
The adopted mitigation measures are express conditions of approval. Other requirements are referenced in the mitigation monitoring program ado ted concurrently with these findings, and will be effectuated through the process of imp ementing the Project. P
VII. ITIGATION MONITORING PROGRAM
As re these 9 uired by Public Resources Code section 21081.6, the City of Carlsbad, in adopting indings, also adopts a miti the environmental consultant un f ation monitoring and reporting program as prepared by
ensure that durin er the direction of the City. The program is designed to Project implementation, the Applicant and any other responsible parties comply with the easible mitigation measures identified below. The program is described fp in the document entitled “Carlsbad Ranch Specific Plan Amendment Mitigation Monitoring Program.”
VIII. IMPACTS DETERMINED TO BE INSIGNIFIC4NT
The following summary briefly describes impacts determined to be insignificant in the preparation of the EIR.
Agricultural Resources
l Implementation of the proposed project will convert a proximately 176 acres of existing agricultural uses to urban uses. (FPEIR .l-11) P
Approximately 53 acres of the existing agricultural land on-site will be retained for the flower fields as part of the proposed project.
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l
l
l
Air Quality
l
l
The land uses proposed in the specific plan will provide economic support to an area which will be permanently preserved in agriculture.
The coastal program adopted for Carlsbad includes a statutory provision for mitigation by payment of a fee for agriculture permanently converted to non-agriculture uses.
The conversion program, in combination with the permanent preservation of 53 acres of agriculture on-site, and the policies contained within the specific plan that maximize the agricultural utilization of the project site through the conversion will reduce the project’s impact related to the direct conversion of agricultural land to non-agricultural uses to a level less than significant.
The early cancellation of the Williamson Act contracts on 181.2 acres is a potentially significant impact. (FPEIR ~5.1-12)
- The early cancellation will permit the initiation of the Specific Plan and the ability to create an economic basis that will permit the long term preservation of the remaining 53 acres of agriculture. The earlier that the plan can be initiated the more likely it is that the existing agriculture operation can continue. In addition to the preservation of 53 acres of agriculture, the reject will be re ii uired to pay statutory fees for the conversion. ese factors wi iI reduce tmpacts associated with early cancellation to a level less than significant.
Implementation of the proposed project would not result in indirect im acts to agricultural lands off-site, or in the early conversion of agricultural ands P off-site. (FPEIR 5.1-15)
No impacts related to soil erosion are anticipated (FPEIR 5.1-15)
No significant impacts as a result of construction activity are anticipated. (FPEIR p. 5.2-5)
No si nificant interc I impacts are indicated as a result of the I-S/Cannon Road ange improvements portion of the project. (FPEIR p. 5.2-7)
Archaeology and Paleontological Resources
l No impacts to archaeological resources are antici improvement portion of the proposed project. ( f ated from the interchange PEIR p. 5.3-6)
Biological Resources
l No sensitive or listed plant species were observed on the project site. No impact to plant species is anticipated. (FPEIR 5.4-10)
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l No impact to animal species is anticipated. (FPEIR p. 5.4-10)
l No sensitive biolo ical limits of the I-5/ 8 resources have been identified within the grading annon Road interchange component of the project. No impacts to biological resources are anticipated. roposed (FPE R p. 5.4- P
11)
Traffic and Circulation
l The project is anticipated to result in an increase in demand for arkin in the beach areas as a result of the additional visitors to the increase is not considered significant. (FPEIR p. 5.5-25) &ty. +his
w Mitigation measures proposed in the Air Quality section of this EIR re 1 urre the provision of a shuttle for all specific plan land uses which re uce the project’s contribution to the overall demand on beach parking.
l No impact to parking is
Hazardous Waste/Pesticide Residue
anticipated. (FPEIR p. 5.5-26)
l Implementation of the I-S/Cannon Road interchange improvements portion of the project will not result in a significant impact related to hazardous materials or soil contamination. (FPEIR 5.6-6)
Land Use Compatibility
l No impacts to land use compatibility on-site are anticipated. (FPEIR p. 5.7-
8)
The specific plan provides development standards, policies, and land use design that minimize the potential land use corn between each of these proposed land uses. atibility impacts Buf ering techruques P
P roposed in the specific plan include the use of walls, fences, andscaping, large setbacks, and roadway and grade separations.
l No impacts to land use corn anticipated. (FPEIR p. 5.7-9 P
atibility with surrounding off-site land uses is
l No impacts to land uses adjacent to the I-S/Cannon Road interchange project area are anticipated. (FPEIR p. 5.7-9)
l The amendment to the LFMP Zone 13 in and of itself will not result in a significant impact. (FPEIR p. 5.7-16)
l The amendment to the existing s a significant land use impact. (F F ecific plan will not in and of itself create EIR p. 5.7-17)
l No impact to land use corn anticipated. (FPEIR 5.7-17 P
atibility with the McClellan-Palomar Airport is
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l No land use im acts anticipated. (FP l! associated with the development agreement are IR p.5.7-17)
Noise
l Construction noise impacts are considered less than significant (FPEIR p. 5.8-
4)
l The impact of traffic generated noise is considered less than significant. (FPEIR p.5.8-4)
l The impact of internal operation noise is considered less than significant. (FPEIR p.5.8-5)
l No impact to consistency with the City General Plan Noise Element is anticipated. (FPEIR p.5.8-6).
l No noise impacts to surrounding land uses are anticipated as a result of the improvements to the I-5/Cannon Road Interchange. (FPEIR p.5.8-6)
Public Services
l The impact to fire protection services is considered less than significant. (FPEIR p.5.9-2)
l The impact to sewer facilities is considered less than significant. (FPEIR p.5.9-5)
l The impact to wastewater treatment is considered less than significant. (FPEIR p.5.9-5)
l The pro osed project will not result in an impact to schools. (FPEIR p.5.9- 11 and s .9-12)
Visual/Aesthetics/Grading
l The construction activities will not result in the obstruction of any scenic vista or view open to the public. (FPEIR p.5.1 l-5)
l The project does not have the potential to block scenic views from residential areas surrounding the project site. (FPEIR p.5.11-5)
Water Quality
l With implementation of measures proposed in the specific plan, related to water quality is anticipated. (FPEIR p.5.12-6)
l With implementation of measures proposed in the specific p1a.n + compliance with RWQCB requirements, no significant impacts to erosion ana sedimentation are anticipated. (FPEIR p.5.12-7)
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the closest
no impact
IX. SIGNIFICANT EFFECTS AND MITIGATION MEAS-
The Final Program EIR identified a number of direct significant environmental effects (or “impacts”) that the Project will cause; some can be fully avoided through the adoption of feasible mitigation measures, while others can not be avoided.
Air Quality
Development anticipated to occur in the Carlsbad Ranch Specific Plan Amendment Area will generate additional vehicular traffic which will generate new and additional mobile emissions throughout the region. [FPEIR 5.2-51
Archaeology and Paleontological Resources
Implementation of the proposed project will result in im acts archaeological sites CA-SDI-6132/W-119 and CA-SDI-8797. to significant [ b PEIR p. 5.3-51
The eastern parcel is underlain by geological de producing significant paleontological resources. [ t osits with a high potential for PEIR p. 5.3-61
Biological Resources
Approximately 1.1 acres of Diegan coastal sage scrub will be impacted and occurs on a manufactured slope adjacent to Palomar Airport Road. This community has little biological function and value. [FPEIR p. 5.4-S]
Indirect impacts may occur during project construction, or with activities associated with the developed project and could affect the proposed natural open space, the proposed o B en space deed restriction, Agua Hedionda Lagoon, P reserve Planning Area 3, an any listed or sensitive species therein. [FP EIR p. .4-111
Traffk and Circulation
The whit R roposed project will result in an increase in traffic and congestion in the area wtll reduce intersection level of service at various locations and time periods on roadways surrounding the project site. [FPEIR p. 5.5-S through 5.5-291
Hazardous Waste/Pesticide Residue
Evidence of surface staining and possible esticide contamination was observed at several locations on the project site. [FP F! IR p. 5.6-51
Although no significant levels of soil contaminations from pesticide or herbicides were detected during soil testing in 1989 and 1995, the potential for undetected contamination does exist due to the fact that the project site has been historically used for agriculture production. [FPEIR p. 5.6-51
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I
Surface soil contamination from petroleum hydrocarbons was detected immediately north of the existing a potential impact. k acking facility. Exposure of persons to unremediated soils is [ PEIR p. 5.6-51
Land Use Compatibility
The conversion of the existing uses of the site to an intensive urban use is a significant impact. [FPEIR p. 5.7-71
Implementation of the proposed project will require amendments to the General Plan, Local Coastal Plan, Local Facilities Management Plan, and existing Carlsbad Ranch Specific Plan. [FPEIR p.5.7-10 through 5.7-161
Noise
Noise from aircraft operations at the McClellan-Palomar Airport will affect the specific plan amendment area. [FPEIR 5.8-51
Public Services
The proposed services. [FP F! reject will require additional law enforcement and crime prevention IR 5.9-31
The roposed project will result in an increase in demand for domestic water. [FPEFR p.5.9-161
Solid Waste
The proposed project will result in the generation of a tons of municipal solid waste on an annual basis. [F I% roximately 11,000 to 15,000 IR p.5.10-31
Visual Aesthetics/Grading
The ramp widening and merge lane construction associated with the I-S/Cannon Road interchange improvements will result in the removal of mature trees and associated landscaping. [FPEIR p. 5.1 l-61
Certain of the above impacts cannot be substantially lessened or avoided at the Specific Plan level; but, as described in the Statement of Overriding Considerations, the City Council has determined that the impacts are acceptable because of specific overriding considerations. The following sub-sections describe specific impacts, setting forth either the reasons why they are significant and unavoidable, the mitigation measures adopted to substantially lessen or avoid them, or the reasons why proposed mitigation measures proved to be infeasible due to specific economic, social or other consideration.
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***
Significant Effect: Develo ment anticipated to occur in the Carlsbad Ranch Specific Plan Amendment Area wi 1 generate additional vehicular traffic which will P new and additional mobile emissions throughout the region. [FPEIR 5.2- 0 enerate ]
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce impact to below a level of significance.
i. Individual development projects within the specific plan area shall be required to implement the following mitigation measures, as determined feasible on a project-by-project basis by the City. These measures include:
l
l
.
l
l
l
l
l
l
l
l
l
Provide provide 4 referential parking spaces for carpools and vanpools and ‘2” minimum vertical clearance in parking facilities for van access unless surface parking is provided for vans.
Implement on-site circulation plan in parking lots to reduce vehicle queuing (stacking-up).
Provide shade trees to reduce building heating/cooling needs.
Use energy efficient and automated controls for air conditioning.
Use energy-efficient low-sodium parking lot lights.
Provide adequate ventilation systems for enclosed parking facilities.
Use light colored roof materials to reflect heat.
Synchronize traffic lights on streets impacted by development.
Schedule truck deliveries and pickups for off-peak hours.
Require on-site truck loading zones.
Require employers to provide commuter information areas.
Implement compressed work week schedules where weekly work hours are compressed into fewer than five days:
- 9/80 - 4/40 - 3136
Develop a trip reduction plan to achieve 1.5 AVR for businesses with less than 100 employees or multi-tenant worksites.
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l Construct on-site or off-site bus turnouts, passenger benches, or shelters as deemed necessary by the North County Transit District.
l Construct off-site pedestrian facility improvements such as overpasses and wider sidewalks.
l Provide shuttles to major rail transit centers, multi-modal stations, and other local destinations for all uses within the specific plan.
l Contribute to regional transit systems (e.g., right-of-way, capital improvements, etc.).
l Site Development Plan applications should contain the following:
Bicycle parking facilities, such as bicycle lockers.
- Showers for bicycling employees’ use.
B. OLOGY AND PALEONTOLOGICAL RESOURCES
Significant Effect: Implementation of the proposed project will result in impacts to significant archaeological sites CA-SDI-6 132/ W- 119 and CA-SDI-8797. [FPEIR p. 5.3-51
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce impact to below a level of significance.
1. Prior to issuance of a grading permit for the area north of Cannon Road, a data recovery program shall be completed for CA-SDI-6132 for the portion impacted north of Cannon Road. The data recovery program shall be completed in compliance with the City of Carlsbad’s “Cultural Resource Guidelines”.
2. A portion of site CA-SDI-8797 within the Carlsbad Ranch was identified as
significant/important under City of Carlsbad and CEQA criteria and was recommended to be mitigated of impacts through avoidance (Gallegos and Kyle 1992). This site shall be placed within an open space easement and capped. Capping shall include placement of l-2” of sand followed by 12 tg 24 inches of sterile fill soil. Vegetation allowed within the fill soil should include grasses and other shallow rooted plants that will not penetrate the underlying prehistoric site. This area could also be used for a parking area, upon completion of capping. Placement of utility lines or other underground lines shall be placed outside this sensitive area.
3. Mitigation of impacts for that portion of CA-SDI-8797 within the additional survey area shall be achieved through avoidance or the completion of a City of Carlsbad approved data recovery program. If a data recovery program is
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conducted for this site, the program shall be completed in compliance with the City of Carlsbad’s “Cultural Resource Guidelines”.
4. Prior to the issuance of a grading permit, the applicant shall provide written evidence that a certified archaeologist has been retained, shall be present at the pregrading conference, shall establish procedures for archaeological resource surveillance, and shall establish, in cooperation with the project proponent, procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts as appropriate. If additional or unexpected archaeological features are discovered, the archaeologist shall report such findings to the applicant and to the City. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the applicant for exploration and/or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the review of the City.
Significant Effect: The eastern parcel is underlain by geological deposits with a high potential for producing significant paleontological resources. [FPEIR p. 5.3-61
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce impact to below a level of significance.
5. l Prior to issuance of a mass-grading permit the developer shall present a letter to the City of Carlsbad indicating that a qualified paleontologist has been retained to carry out an appropriate mitigation program. (A qualified paleontologist is defined as an individual with a MS or Ph.D. in paleontology or geology who is familiar with paleontological procedures and techniques.)
A qualified paleontologist shall be present at the pre-construction meeting to consult with the grading and excavation contractors.
A paleontological monitor shall be on-site at all times during the original cutting of previously undisturbed sediments of the Santiago Formation to inspect cuts for contained fossils. Periodic inspections of cuts involving the Lindavista Formation is also recommended. In the event that fossils are discovered in the Lindavista Formation it may be necessary to increase the per/day in field monitoring time. Conversely, if fossils are not being found then the monitoring should be reduced. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials. The paleontological monitor shall work under the direction of a qualified paleontologist.)
When fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In most cases this fossil salvage can be
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completed in a short period of time. However, some fossil specimens (such as a complete large mammal skeleton) may require an extended
salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Because of the potential for the recovering of small fossil remains, such as isolated mammal teeth, it may be necessary in certain instances, to set up a screen-washing operation on the site.
l Fossil remains collected during the monitoring and salvage portion of the mitigation program shall be cleaned, repaired, sorted, and cataloged.
l Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be deposited (as a donation) in a scientific institution with permanent paleontological collections such as the San Diego Natural History Museum. Donation of the fossils shall be accompanied by financial support for initial specimen storage.
l A final summary report shall be completed that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic sections(s) exposed, fossils collected, and significance of recovered fossils.
6. A certified paleontologist shall monitor all grading activity associated with the improvements to the I-S/Cannon Road interchange. If buried cultural materials are unearthed during construction, work shall be halted in the vicinity of the find until a qualified paleontologist can assess its significance. If the testing demonstrates that a resource is significant, then a data recovery program will be necessary. Compliance with this measure shall be verified by Caltrans.
c. BIOLOGICAL
Significant Effect: Approximately 1.1 acres of Diegan coastal sage scrub will be impacted and occurs on a manufactured slope adjacent to Palomar Airport Road.
This community has little biological function and value. [FPEIR p. 5.4-S]
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce impact to below a level of significance.
1. Diegan coastal sage scrub impacts should be mitigated by creation or restoration at ratios of 2:l and 1: 1, respectively, within Preserve Planning Area 3 or the purchase or preservation at a 1:l ratio within the HCP area of Carlsbad.
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2. To avoid direct impacts to the area proposed as natural open space and to the proposed open space deed restriction, the boundaries of these areas should be surveyed and fenced. The erection of fencing and its proper location should be verified by a biologist or planning department representative. After project completion, permanent fencing may need to be established to prevent human intrusion into the areas.
Significant Effect: Indirect impacts may occur during project construction, or with activities associated with the developed project and could affect the proposed natural open space, the proposed open space deed restriction, Agua Hedionda Lagoon, preserve Planning Area 3, and any listed or sensitive species therein. [FP EIR p. 5.4-111
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce impact to below a level of significance.
3. It is anticipated that the gnatcatcher pair located immediately off-site to the east of the project will be taken during construction of the municipal golf course being proposed by the City of Carlsbad. As a result, no mitigation for construction noise impacts that may occur to this pair are proposed. If through final design of the City proposed golf course it is determined that this gnatcatcher pair is not taken, the following mitigation measure for noise impacts shall be implemented:
During the gnatcatcher breeding season (February 15 through August 15), noise levels during grading shall not exceed 65 decibels, averaged over a one-hour period on an A-weighted decibel (dBA), measured at the edge of Diegan coastal sage scrub habitat that is occupied by the coastal California gnatcatcher. Grading could be initiated in areas adjacent to occupied gnatcatcher habitat prior to August 15 if the pair has successfully fledged young and the fledglings are at least three weeks out of the nest. Grading will be allowed adjacent to habitat occupied by unpaired individual birds.
4. Lighting should be selectively placed, shielded, and directed away from the areas listed above, in particular to avoid potential impacts to the coastal California gnatcatcher east of the future LEGOLAND Carlsbad and any that may occur in the proposed open space.
5. During project construction and operation, measures should be implemented to control erosion, sedimentation, and pollution (fertilizers and pesticides from the proposed golf courses) that could impact the proposed natural open space or that could impact Agua Hedionda Lagoon. These measures could include berms, interceptor ditches, sandbags, filtered inlets, debris basins, and silt traps.
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6. Landscaping adjacent to the open space shall include non-invasive plant species.
D. CTRCI Jl *Al-ION
Significant Effect: The proposed project will result in an increase in traffic and congestion in the area which will reduce intersection level of service at various locations and time periods on roadways surrounding the project site. [FPEIR p. 5.5- 8 through 5.5-291
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce impact to below a level of significance.
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1. The following mitigation measures shall be implemented by the applicant to reduce significant impacts on two intersections under the Year 2000 conditions and seven intersections under Buildout conditions to a level of less than significant.
The required street improvements and their phasing, based on ultimate buildout conditions, are as follows:
1997
2ooo
2006
2007
2008
2oos
. orthbound Ramps & Palomar Aimort Road (CMP Location) - Restripe the westbound Palomar Airport Road approach for the following: two through lanes, one shared through/right-turn lane, and one exclusive right turn lane.
. - orthbound Ramps & Camton Road (CMP Jocatlon) - Restripe the westbound Cannon Road approach for the following: one through lane, one shared through/right-turn lane, and one exclusive right-turn lane.
. 4) - Restripe the southbound El Camino Real appr:ach for the following: one left-turn lane, two through lanes, one shared through/right-turn lane, and one exclusive right-turn lane.
. . Avenia Enemas & Palomar Airoort Road (CMP Locatton ) - Restripe the northbound Avenida Encinas approach to provide the configuration: one exclusive left-turn lane, one through lane, and one right-turn lane (already done).
. . . 4 - Restripe the northbound El Camino Real approach for the following: one left-turn lane, two through lanes, one shared through/right-turn lane, and one exclusive right-turn lane.
. J-5 Northbound Ranu>W& - Restripe the westbound Cannon Road approach for the following: one through lane, one
shared through/right-turn lane, and one exclusive right-turn lane. In
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addition, provide an additional eastbound Cannon Road left-turn lane. The resulting lane configuration on the eastbound approach would be two exclusive left-turn lanes and two through lanes.
Buildout . Paseo de1 Norte & Cannon Road (CMP Locam - The southbound approach (SDG&E driveway) should be constructed and striped as follows: one exclusive left-turn lane, one shared through/right-turn lane, and one exclusive right-turn lane. In addition, the eastbound Cannon Road approach would require an additional left-turn lane. The resulting lane configuration in the eastbound direction would be two exclusive left-turn lanes, one through lane, and one through/right turn lane. Also, at a point east of the intersection, an additional westbound Cannon Road through lane would be required. At the intersection, this would result in the following lane configuration in the westbound direction: one exclusive left-turn lane, two through lanes, and a shared through/right-turn lane.
Buildout Paseo de1 Norte & Palomar Airport Road - Restripe the northbound and southbound Paseo de1 Norte approaches to provide the following: two exclusive left-turn lanes, one shared through/right-turn lane, and one exclusive right-turn lane.
If Cannon Road is not extended to El Camino Real by the Year 2000 the developer shall implement the following improvements:
1997 . I-5 Northbound Ramps & Palomar Airport Road&MP locatlpn) - Restripe the westbound Palomar Airport Road approach for the following: two through lanes, one shared through/right-turn lane, and one exclusive right turn lane.
1997 Colle_pe Boule . . vard & Palomar An-nort Road (CMP Jocatio t$ - Restripe the southbound College Boulevard approach for the following: one left-turn lane, one shared through/right-turn lane, and one exclusive right-turn lane.
2. In addition, the Congestion Management Plan (CMP) prepared for the project requires the development and implementation of a deficiency plan for freeway segments. The deficiency plan shall include the following:
0 Assist in Funding Other Improvements - This option would involve providing funds which would be utilized in the construction of other improvements. Several funding mechanisms already exist in the City of Carlsbad and are listed in the Zone 13 Local Facilities Management Plan Finance Plan for impacted facilities. These include:
s Traffic Impact Fees Transne t Funds s Public Facilities Fees s Community Facility District Moneys w Private Developer Construction
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The Carlsbad Ranch development project is already conditioned on financial participation in four of the above five funding mechanisms.
l Implement Transportation Demand Management (TDM) Measures - For applicable land uses within the development, implementation of a TDM program would be a way of reducing the peak hour trips and thus lessening the impacts on the affected facilities. These TDM measures could include but are not limited to: incentives for employees to carpool/vanpool; telecommuting and flex-time; and providing a shuttle from the commuter rail station at Poinsettia Lane.
E. 01 JS WAS~/PESTICIDE RESIDUE
Significant Effect: Evidence of surface staining and possible pesticide contamination was observed at several locations on the project site. [FPEIR p. 5.6-51
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce impact to below a level of significance.
1. During grading, observations shall be made by a qualified hazardous materials specialist for areas of possible contamination such as the presence of underground facilities, buried debris, stained soils, waste drums, and tanks or odorous soils. Should such materials be encountered, further investigation and analysis shall be required to identify the significance of the potentially contaminated area. Soil remediation measures to address any potentially contaminated areas shall be implemented based on the recommendations of the hazardous materials specialist.
2. Randomly selected surface samples shall be collected after each phase of grading and chemically tested for pesticides to verify that toxaphene and DDT plus its derivatives are below the established TTLC and STLL action levels.
3. During site development, soils contaminated with petroleum hydrocarbons shall be mitigated. Mitigation techniques shall include:
l Place the affected soil beneath a proposed road/parking area as a base material:
l Recycle the affected soil; or
0 Bio remediate the affected soil on site.
4. A report documenting results of any future testing shall be prepared. This report shall indicate the measures taken to mitigate contamination, as appropriate. The report shall be submitted to the City of Carlsbad Engineering Department.
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Significant Effect: Although no significant levels of soil contaminations from pesticide or herbicides were detected during soil testing in 1989 and 1995, the potential for undetected contamination does exist due to the fact that the project site has been historically used for agriculture production. [FPEIR p. 5.6-51
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce impact to below a level of significance.
1. During grading, observations shall be made by a qualified hazardous materials specialist for areas of possible contamination such as the presence of underground facilities, buried debris, stained soils, waste drums, and tanks or odorous soils. Should such materials be encountered, further investigation and analysis shall be required to identify the significance of the potentially contaminated area. Soil remediation measures to address any potentially contaminated areas shall be implemented based on the recommendations of the hazardous materials specialist.
2. Randomly selected surface samples shall be collected after each phase of grading and chemically tested for pesticides to verify that toxaphene and DDT plus its derivatives are below the established TTLC and STLC action levels.
3. During site development, soils contaminated with petroleum hydrocarbons shall be mitigated. Mitigation techniques shall include:
l Place the affected soil beneath a proposed road/parking area as a base material;
l Recycle the affected soil; or
l Bio remediate the affected soil on site.
4. A report documenting results of any future testing shall be prepared. This report shall indicate the measures taken to mitigate contamination, as appropriate. The report shall be submitted to the City of Carlsbad Engineering Department.
Significant Effect: Surface soil contamination from petroleum hydrocarbons was detected immediately north of the existing packing facility. Exposure of persons to unremediated soils is a potential impact. [FPEIR p. 5.6-51
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce impact to below a level of significance.
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1. During grading, observations shall be made by a qualified hazardous materials specialist for areas of possible contamination such as the presence of underground facilities, buried debris, stained soils, waste drums, and tanks or odorous soils. Should such materials be encountered, further investigation and analysis shall be required to identify the significance of the potentially contaminated area. Soil remediation measures to address any potentially contaminated areas shall be implemented based on the recommendations of the hazardous materials specialist.
2. Randomly selected surface samples shall be collected after each phase of grading and chemically tested for pesticides to verify that toxaphene and DDT plus its derivatives are below the established TTLC and STLC action levels.
3. During site development, soils contaminated with petroleum hydrocarbons shall be mitigated. Mitigation techniques shall include:
l Place the affected soil beneath a proposed road/parking area as a base material;
0 Recycle the affected soil; or
a Bio remediate the affected soil on site.
4. The applicant shall prepare a report documenting results of any future testing. This report shall indicate the measures taken to mitigate contamination, as appropriate. The report shall be submitted to the City of Carlsbad Engineering Department. All recommendations contained in the report shall be complied with by the applicant.
Significant Effect: The conversion of the existing uses of the site to an intensive urban use is a significant impact. [FPEIR p. 5.7-71
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce impact to below a level of significance.
1. Any future site development permit associated with the specific plan or 21.16 acre SDG&E parcel (golf course) shall be reviewed for consistency with the specific plan and related discretionary actions including the general plan and lo& coastal plan amendment, zone change, local facilities management plan amendment, and hillside development permit. The Planning Department shall make a determination that the site development plan is consistent with these plans, prior to approval of the permit.
Significant Effect: Implementation of the .proposed project will require amendments to the General Plan, Local Coastal Plan, Local Facilities Management Plan, and existing Carlsbad Ranch Specific Plan. [FPEIR p.5.7-10 through 5.7-161
Finding: Pursuant to Section 15091 (a) (I) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce impact to below a level of significance.
1. Any future site development permit associated with the specific plan or SDG&E parcel shall be reviewed for consistency with the specific plan and related discretionary actions including the general plan and local coastal plan amendment, zone change, local facilities management plan amendment, and hillside development permit. The Planning Department shall make a determination that the site development plan is consistent with these plans, prior to approval of the permit.
G. NOISE
Significant Effect: Noise from aircraft operations at the McClellan-Palomar Airport will affect the specific plan amendment area. [FPEIR 5.8-51
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce impact to below a level of significance.
1. The interior noise level of the proposed community hotel building(s) (planning area 3), and resort hotel buildings (planning area 5) shall not exceed 45 DBA CNEL. As stated in the McClellan-Palomar Airport’s Noise/Land Use Compatibility Implementation Directives, all transient lodging buildings, within the airport’s 60-70 CNEL contours must be subjected to an acoustical study to determine that interior levels do not exceed CNEL 45.
2. An avigation easement for noise shall be required to be recorded with the County Recorder as a condition of approval of the project. A copy of the recorded easement is to be filed with the affected airport operator. For all property transactions, appropriate legal notice shall be given to all purchasers, lessees and renters of property in “conditionally compatible” or “interior only, conditionally compatible” areas which clearly describes the potential for impacts from airplane noise associated with airport operations. Notice also will be provided as required on the state Real Estate Disclosure form.
H. PUBTIC SERVICFS AND UTILITIES
Significant Effect: The proposed project will require additional law enforcement and crime prevention services. [FPEIR 5.9-31
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Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce impact to below a level of significance.
1. Prior to Site Development Plan approval, developers shall submit security plans for review and approval by the Carlsbad Police Department. The plans shall be submitted prior to Site Development Plan approval, and shall include information about internal security programs, security systems and devices and any other information required by the Police Department.
Significant Effect: The proposed project will result in an increase in demand for domestic water. [FPEIR p.5.9- 161
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce impact to below a level of significance.
1. Reclaimed water shall be utilized for all agriculture, golf course, and landscaping on the project site to the extent feasible. The reclaimed water facilities shall be installed in accordance with the conceptual reclaimed water facility plan as proposed in the specific plan, and City of Carlsbad requirements.
2. Dual plumbing shall be required for office, commercial, and industrial uses, and the LEGOLAND Carlsbad project as deemed feasible by the Carlsbad Municipal Water District.
I. b ID WASIF
Significant Effect: The proposed project will result in the generation of
approximately 11,000 to 15,000 tons of municipal solid waste on an annual basis. [FPEIR p.5.10-31
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce impact to below a level of significance.
1. As a condition 6f any future site development plans for the project, the applicant shall submit a solid waste management plan for review and approval by the City of Carlsbad. This plan shall provide the following:
(1) The approximate location, type and number of containers to be used to collect refuse and recyclables.
(2) Refuse and recyclable collection methods to be used in each planning area.
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(3) A description and site plan for any planned on-site processing facilities or equipment (balers, compactors).
(4) A description of the types of recycling services to be provided and contractual relationships with vendors to provide these services.
(5) The estimated quantity of waste generated and estimated quantities of recyclable materials in each planning area.
This plan shall also evaluate the feasibility of the following diversion programs/measures:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Source separated green waste collection for specific plan areas designated for agriculture, golf and developed areas with substantial landscaping (in particular the LEGOLAND Carlsbad planning area).
Cardboard recycling in office, retail, and warehousing areas.
Office and retail programs which provide for the separation of wet (disposable) and dry (recoverable) materials.
Where feasible, providing compactors for non-recyclables to reduce the number of trips to disposal facilities.
Glass recycling in restaurants.
Providing on-site recycling containers accessible to the public to encourage the diversion of glass, and aluminum in LEGOLAND Carlsbad.
Where feasible, implement source reduction measures such as reducing excess packaging, paper and polystyrene cups.
J. SUAL AWI’HETICS~GRADING
Significant Effect: The ramp widening and merge lane construction associated with the I-S/Cannon Road interchange improvements will result in the removal of mature trees and associated landscaping. [FPEIR p. 5.1 l-61
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce impact to below a level of significance.
1. Trees shall be replaced at a 5:l ratio. These trees shall be planted at Cannon Road and Palomar Airport Road, with supplemental water systems. Shrubs shall be replaced at a 1:l ratio at Cannon Road only. Replacement trees shall be 15 gallon and replacement shrubs shall be 5 gallon. Species selection shall be determined by the Caltrans project landscape architect.
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2. I-S/Cannon Road landscaping shall be installed concurrently with the interchange construction project in order to allow the planting to become established in time for the opening of LEGOLAND Carlsbad in 1999.
3. A plantable wall system (e.g. crib wall) shall be utilized to reduce the visibility and aid in graffiti deterrence of the proposed retaining walls. If cast-in-place type walls are used, a form-liner texture (e.g. “ripped rope”) shall be incorporated into the design. Furthermore, the walls shall be aligned to allow the planting of vines and shrubs at the base of the walls for graffiti deterrence and to help blend the walls into the surrounding landscape. An agreement shall be reached with the property owner immediately adjacent to this area to plant and maintain the owner’s property.
X. CUMUIATIVE SIGNIFICANT EFFECTS AND MITIGATION MEASURES
A. AGRICULTURAL RESOURCES
Significant Effect: The project in conjunction with the buildout pursuant to Series 7 will result in a cumulative decline in agricultural land and is significant. [FPEIR p. 7-51
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will substantially lessen the significant environmental effect as identified in the Final EIR. The cumulative impact is anticipated to remain significant. Pursuant to Section 15091 (a) (3) of the State CEQA Guidelines, there are no feasible measures that would mitigate the impact below a level of significance. As described in the Statement of Overriding Considerations, the City Council has determined that this impact is acceptable because of specific overriding considerations.
w Approximately 53 acres of the existing agricultural land on-site will be retained for the flower fields as part of the proposed project.
- The land uses proposed in the specific plan will provide economic support to an area which will be permanently preserved in agriculture.
- The coastal program adopted for Carlsbad includes a statutory provision for mitigation by payment of a fee for agriculture permanently converted to non- agriculture uses.
B. AIR QUALITY
Significant Effect: Implementation of the proposed project will contribute to the emissions in the area. Cumulative air quality impacts are anticipated to remain significant and unavoidable. [FPEIR p.7-51
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will substantially lessen the significant environmental effect as identified in the Final EIR. The cumulative impact
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is anticipated to remain significant. Pursuant to Section 15091 (a) (3) of the State CEQA Guidelines, there are no feasible measures that would mitigate the impact below a level of significance. As described in the Statement of Overriding Considerations, the City Council has determined that this impact is acceptable because of specific overriding considerations.
1. Individual development projects within the specific plan area shall be required to implement the following mitigation measures, as determined feasible on a project-by-project basis by the City. These measures include:
Provide preferential parking spaces for carpools and vanpools and provide 7’2” minimum vertical clearance in parking facilities for van access unless surface parking is provided for vans.
Implement on-site circulation plan in parking lots to reduce vehicle queuing (stacking-up).
Provide shade trees to reduce building heating/cooling needs.
Use energy efficient and automated controls for air conditioning.
Use energy-efficient low-sodium parking lot lights.
Provide adequate ventilation systems for enclosed parking facilities.
Use light colored roof materials to reflect heat.
Synchronize traffic lights on streets impacted by development.
Schedule truck deliveries and pickups for off-peak hours.
Require on-site truck loading zones.
Require employers to provide commuter information areas.
Implement compressed work week schedules where weekly work hours are compressed into fewer than five days:
- 9/80 - 4/40 - 3/36
Develop a trip reduction plan to achieve 1.5 AVR for businesses with less than 100 employees or multi-tenant worksites.
Construct on-site or off-site bus turnouts, passenger benches, or shelters as deemed necessary by the North County Transit District.
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l Construct off-site pedestrian facility improvements such as overpasses and wider sidewalks.
l Provide shuttles to major rail transit centers, multi-modal stations, and other local destinations for all uses within the specific plan.
l Contribute to regional transit systems (e.g., right-of-way, capital improvements, etc.).
l Site Development Plan applications should contain the following:
s Bicycle parking facilities, such as bicycle lockers.
Showers for bicycling employees’ use.
c. ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES
Significant Effect: The proposed project, in conjunction with cumulative projects, will not result in a significant cumulative impact to archaeological and paleontological resources. [FPEIR p.7-51
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR.
1. Prior to issuance of a grading permit for the area north of Cannon Road, a data recovery program shall be completed for CA-SDI-6132 for the portion impacted north of Cannon Road. The data recovery program shall be completed in compliance with the City of Carlsbad’s “Cultural Resource Guidelines”.
2. A portion of site CA-SDI-8797 within the Carlsbad Ranch was identified as significant/important under City of Carlsbad and CEQA criteria and was recommended to be mitigated of impacts through avoidance (Gallegos and Kyle 1992). This site shall be placed within an open space easement and capped. Capping shall include placement of l-2” of sand followed by 12 to 24 inches of sterile fill soil. Vegetation allowed within the fill soil should include grasses and other shallow rooted plants that will not penetrate the underlying prehistoric site. This area could also be used for a parking area, upon completion of capping. Placement of utility lines or other underground lines shall be placed outside this sensitive area.
3. Mitigation of impacts for that portion of CA-SDI-8797 within the additional survey area shall be achieved through avoidance or the completion of a City of Carlsbad approved data recovery program. If a data recovery program is conducted for this site, the program shall be completed in compliance with the City of Carlsbad’s “Cultural Resource Guidelines”.
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4. Prior to the issuance of a grading permit, the applicant shall provide written evidence that a certified archaeologist has been retained, shall be present at the pregrading conference, shall establish procedures for archaeological resource surveillance, and shall establish, in cooperation with the project proponent, procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts as appropriate. If
additional or unexpected archaeological features are discovered, the archaeologist shall report such findings to the applicant and to the City. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the applicant for exploration and/or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the review of
the City.
5. l Prior to issuance of a mass-grading permit the developer shall present a letter to the City of Carlsbad indicating that a qualified paleontologist has been retained to carry out an appropriate mitigation program. (A qualified paleontologist is defined as an individual with a MS or Ph.D. in paleontology or geology who is familiar with paleontological procedures and techniques.)
l A qualified paleontologist shall be present at the pre-construction meeting to consult with the grading and excavation contractors.
l A paleontological monitor shall be on-site at all times during the original cutting of previously undisturbed sediments of the Santiago Formation to inspect cuts for contained fossils. Periodic inspections of cuts involving the Lindavista Formation is also recommended. In the event that fossils are discovered in the Lindavista Formation it may be necessary to increase the per/day in field monitoring time. Conversely, if fossils are not being found then the monitoring should be reduced. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials. The paleontological monitor shall work under the direction of a qualified paleontologist.)
l When fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In most cases this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as a,complete large mammal skeleton) may require an extended salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Because of the potential for the recovering of small fossil remains, such as isolated mammal teeth, it may be necessary in certain instances, to set up a screen-washing operation on the site.
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Fossil remains collected during the monitoring and salvage portion of the mitigation program shall be cleaned, repaired, sorted, and
cataloged.
Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be deposited (as a donation) in a scientific institution with permanent paleontological collections such as the San Diego Natural History Museum. Donation of the fossils shall be accompanied by financial support for initial specimen storage.
l A final summary report shall be completed that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic sections(s) exposed, fossils collected, and significance of recovered fossils.
6. A certified paleontologist shall monitor all grading activity associated with the improvements to the I-S/Cannon Road interchange. If buried cultural materials are unearthed during construction, work shall be halted in the vicinity of the find until a qualified paleontologist can assess its significance. If the testing demonstrates that a resource is significant, then a data recovery program will be necessary. Compliance with this measure shall be verified
by Caltrans.
D. BIOLOGICAL RESOURCES
Significant Effect: The proposed project, in conjunction with cumulative projects will not result in a significant impact to biological resources. [FPEIR p.7-51
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR.
1. Diegan coastal sage scrub impacts should be mitigated by creation or restoration at ratios of 2:l and l:l, respectively, within Preserve Planning Area 3 or the purchase or preservation at a 1:l ratio within the HCP area of Carlsbad.
2. To avoid direct impacts to the area proposed as natural open space and to the proposed open space deed restriction, the boundaries of these areas should be surveyed and fenced. The erection of fencing and its proper location should be verified by a biologist or planning department representative. After project completion, permanent fencing may need to be established to prevent human intrusion into the areas.
3. It is anticipated that the gnatcatcher pair located immediately off-site to the east of the project will be taken during construction of the municipal golf course being proposed by the City of Carlsbad. As a result, no mitigation for construction noise impacts that may occur to this pair are proposed. If through final design of the City proposed golf course it is determined that
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this gnatcatcher pair is not taken, the following mitigation measure for noise impacts shall be implemented:
* During the gnatcatcher breeding season (February 15 through August 15), noise levels during grading shall not exceed 65 decibels, averaged over a one- hour period on an A-weighted decibel (DBA), measured at the edge of Diegan coastal sage scrub habitat that is occupied by the coastal California gnatcatcher. Grading could be initiated in areas adjacent to occupied gnatcatcher habitat prior to August 15 if the pair has successfully fledged young and the fledglings are at least three weeks out of the nest. Grading will be allowed adjacent to habitat occupied by unpaired individual birds.
41 Lighting should be selectively placed, shielded, and directed away from the areas listed above, in particular to avoid potential impacts to the coastal California gnatcatcher east of the future LEGOLAND Carlsbad and any that may occur in the proposed open space.
5. During project construction and operation, measures should be implemented to control erosion, sedimentation, and pollution (fertilizers and pesticides from the proposed golf courses) that could impact the proposed natural open space or that could impact Agua Hedionda Lagoon. These measures could include berms, interceptor ditches, sandbags, filtered inlets, debris basins, and silt traps.
6. Landscaping adjacent to the open space shall include non-invasive plant species.
IL TRAFFIC/CIRCUL4TION
Significant Effect: The proposed project, in conjunction with cumulative build-out forecasts, will result in a significant cumulative impact to traffic and circulation. [FPEIR p.7-61
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will substantially lessen the significant environmental effect as identified in the Final EIR. The cumulative impact is anticipated to remain significant. Pursuant to Section 15091 (a) (3) of the State CEQA Guidelines, there are no feasible measures that would mitigate the impact below a level of significance. As described in the Statement of Overriding Considerations, the City Council has determined that this impact is acceptable because of specific overriding considerations.
1. The following mitigation measures shall be implemented by the applicant to reduce significant impacts on two intersections under the Year 2000 conditions and seven intersections under Buildout conditions to a level of less than significant.
The required street improvements and their phasing, based on ultimate buildout conditions, are as follows:
37
1997
2ooo
2006
2007
2008
2008
Buildout
Buildout
. . d Ramps & Palomar An-port Road (CMP Jocatrpn) - Restripe the westbound Palomar Airport Road approach for the following: two through lanes, one shared through/right-turn lane, and one exclusive right turn lane.
. I-5 lW.thbound Ramps & cannon Road !cMP Jmztmd - Restripe the westbound Cannon Road approach for the following: one through lane, one shared through/right-turn lane, and one exclusive right-turn lane.
F.1 Camino Real & Ca on Road (CMP Locat’on) - Restripe the southbound
El Camino Real apprizch for the following: dne left-turn lane, two through lanes, one shared through/right-turn lane, and one exclusive right-turn lane.
. AvewkEw . ‘nas & Palomar Airport Road (CMP Iocatlon) - Restripe the northbound Avenida Encinas approach to provide the configuration: one exclusive left-turn lane, one through lane, and one right-turn lane (already done).
E o Real & Palomar Airnort Road (CMP Iocation) - Restripe the 1 Ca min northbound El Camino Real approach for the following: one left-turn lane, two through lanes, one shared through/right-turn lane, and one exclusive right-turn lane.
. - orthbound Ramps & Cannon Road (CMP Jocanon) - Restripe the westbound Cannon Road approach for the following: one through lane, one shared through/right-turn lane, and one exclusive right-turn lane. In addition, provide an additional eastbound Cannon Road left-turn lane. The resulting lane configuration on the eastbound approach would be two exclusive left-turn lanes and two through lanes.
eo de1 Norte & Cannon Road (CMP Locatton) - The southbound approach (SDG&E driveway) should be constructed and striped as follows: one exclusive left-turn lane, one shared through/right-turn lane, and one exclusive right-turn lane. In addition, the eastbound Cannon Road approach would require an additional left-turn lane. The resulting lane configuration in the eastbound direction would be two exclusive left-turn lanes, one through lane, and one through/right turn lane. Also, at a point east of the intersection, an additional westbound Cannon Road through lane would be required. At the intersection, this would result in the following lane configuration in the westbound direction: one exclusive left-turn lane, two through lanes, and a shared through/right-turn lane.
Paseo de1 Norte & Palomar Airport Road - Restripe the northbound and southbound Paseo de1 Norte approaches to provide the following: two exclusive left-turn lanes, one shared through/right-turn lane, and one exclusive right-turn lane.
If Cannon Road is not extended to El Camino Real by the Year 2000 the developer shall implement the following improvements:
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. . 1997 I-5 - Restripe the westbound Palomar Airport Road approach for the following: two through lanes, one shared through/right-turn lane, and one exclusive right turn lane.
1997 . r Pumort Road (CMP l.ocatlon) - Restripe the southbound College Boulevard approach for the following: one left-turn lane, one shared through/right-turn lane, and one exclusive right-turn lane.
2. In addition, the Congestion Management Plan (CMP) prepared for the project requires the development and implementation of a deficiency plan for freeway segments. The deficiency plan shall include the following:
. Assist in Funding Other Improvements - This option would involve providing funds which would be utilized in the construction of other improvements. Several funding mechanisms already exist in the City of Carlsbad and are listed in the Zone 13 Local Facilities Management Plan Finance Plan for impacted facilities. These include:
Traffic Impact Fees s Transnet Funds Public Facilities Fees Community Facility District Moneys - Private Developer Construction
The Carlsbad Ranch development project is already conditioned on financial participation in four of the above five funding mechanisms.
l Implement Transportation Demand Management (TDM) Measures - For applicable land uses within the development, implementation of a TDM program would be a way of reducing the peak hour trips and thus lessening the impacts on the affected facilities. These TDM measures could include but are not limited to: incentives for employees to carpool/vanpool; telecommuting and flex-time; and providing a shuttle from the commuter rail station at Poinsettia Lane.
F. HAZARDOUS WASTE/PESTICIDE RESIDUE
Significant Effect: The proposed project in conjunction with cumulative projects will not result in a significant cumulative impact to hazardous waste/pesticide residue. [FPEIR p.7- 61
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR.
1. During grading, observations shall be made by a qualified hazardous materials specialist for areas of possible contamination such as the presence of underground facilities, buried debris, stained soils,- waste drums, and tanks
39
or odorous soils. Should such materials be encountered, further investigation and analysis shall be required to identify the significance of the potentially contaminated area. Soil remediation measures to address any potentially contaminated areas shall be implemented based on the recommendations of the hazardous materials specialist.
2. Randomly selected surface samples shall be collected after each phase of grading and chemically tested for pesticides to verify that toxaphene and DDT plus its derivatives are below the established TTLC and STLC action levels.
3. During site development, soils contaminated with petroleum hydrocarbons shall be mitigated. Mitigation techniques shall include:
0 Place the affected soil beneath a proposed road/parking area as a base material;
a Recycle the affected soil; or
a Bio remediate the affected soil on site.
4. The applicant shall prepare a report documenting results of any future testing. This report shall indicate the measures taken to mitigate contamination, as appropriate. The report shall be submitted to the City of Carlsbad Engineering Department. All recommendations contained in the report shall be complied with by the applicant.
G. LAND USE COMPATIBILITY
Significant Effect: Mitigation and adherence to adopted plans will reduce each individual project included within the cumulative scenario land use impacts to less than significant. [FPEIR p.7-61
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR.
1. Any future site development permit associated with the specific plan or 21.16 acre SDG&E parcel (golf course) shall be reviewed for consistency with the specific plan and,related discretionary actions including the general plan and local coastal plan amendment, zone change, local facilities management plan amendment, and hillside development permit. The Planning Department shall make a determination that the site development plan is consistent with these plans, prior to approval of the permit.
H. NOISE
Significant Effect: The proposed project will result in an increase in ambient noise levels, which together with projected Series 7 development, will result in .a cumulative impact on
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noise levels. Implementing local noise ordinances, constructing buildings according to state acoustical standards, and proper land use planning can mitigate noise impacts ta noise- sensitive land uses to less than significant levels. [FPEIR p.7-71
Finding: Pursuant to Section 15091 (a) (I) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR.
1. The interior noise level of the proposed community hotel building(s) (planning area 3), and resort hotel buildings (planning area 5) shall not exceed 45 DBA CNEL. As stated in the McClellan-Palomar Airport’s Noise/Land Use Compatibility Implementation Directives, all transient lodging buildings, within the airport’s 60-70 CNEL contours must be subjected to an acoustical study to determine that interior levels do not exceed CNEL 45.
2. An avigation easement for noise shall be required to be recorded with the County Recorder as a condition of approval of the project. A copy of the recorded easement is to be filed with the affected airport operator. For all property transactions, appropriate legal notice shall be given to all purchasers, lessees and renters of property in “conditionally compatible” or “interior only, conditionally compatible” areas which clearly describes the potential for impacts from airplane noise associated with airport operations. Notice also will be provided as required on the state Real Estate Disclosure
form.
I. PUBLIC SERVICES AND UTILITIES
Significant Effect: The project’s contribution to the cumulative impact on Public Services and Utilities will be less than significant. [FPEIR p.7-71
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR.
1. Prior to Site Development Plan approval, developers shall submit security plans for review and approval by the Carlsbad Police Department. The plans shall be submitted prior to Site Development Plan approval, and shall include information about internal security programs, security systems and devices and any other information required by the Police Department.
1. Reclaimed water shall be utilized for all agriculture, golf course, and landscaping on the project site to the extent feasible. The reclaimed water facilities shall be installed in accordance with the conceptual reclaimed water facility plan as proposed in the specific plan, and City of Carlsbad requirements.
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2. Dual plumbing shall be required for office, commercial, and industrial uses, and the LEGOLAND Carlsbad project as deemed feasible by the Carlsbad Municipal Water District.
J. SOLID WASTE
Significant Effect: The proposed project, in conjunction with cumulative projects, will not result in a significant impact to cumulative solid waste generation. [FPEIR p.7-71
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR.
1. As a condition of any future site development plans for the project, the applicant shall submit a solid waste management plan for review and approval by the City of Carlsbad. This plan shall provide the following:
(1)
(2)
(3)
(4)
(5)
The approximate location, type and number of containers to be used
to collect refuse and recyclables.
Refuse and recyclable collection methods to be used in each planning
area.
A description and site plan for any planned on-site processing facilities or equipment (balers, compactors).
A description of the types of recycling services to be provided and contractual relationships with vendors to provide these services.
The estimated quantity of waste generated and estimated quantities of recyclable materials in each planning area.
This plan shall also evaluate the feasibility of the following diversion programs/measures:
(1) Source separated green waste collection for specific plan areas designated for agriculture, golf and developed areas with substantial landscaping (in particular the LEGOLAND Carlsbad planning area).
(2) Cardboard recycling in office, retail, and warehousing areas.
(3) Office and retail programs which provide for the separation of wet (disposable) and dry (recoverable) materials.
(4) Where feasible, providing compactors for non-recyclables to reduce the number of trips to disposal facilities.
(5) Glass recycling in restaurants.
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(6) Providing on-site recycling containers accessible to the public to encourage the diversion of glass, and aluminum in LEGOLAND Carlsbad.
(7) Where feasible, implement source reduction measures such as reducing excess packaging, paper and polystyrene cups.
K VISUAL AESTHETICS/GRADING
Significant Effect: The cumulative landform alteration/aesthetic impact is less than significant. [FPEIR p.7-81
Finding: Pursuant to Section 15091 (a) (I) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant
environmental effect as identified in the Final Program EIR.
1. Trees shall be replaced at a 5:l ratio. These trees shall be planted at Cannon Road and Palomar Airport Road, with supplemental water systems. Shrubs shall be replaced at a I:1 ratio at Cannon Road only. Replacement trees shall be 15 gallon and replacement shrubs shall be 5 gallon. Species selection shall be determined by the Caltrans project landscape architect.
2. I-S/Cannon Road landscaping shall be installed concurrently with the interchange construction project in order to allow the planting to become established in time for the opening of LEGOLAND Carlsbad in 1999.
3. A plantable wall system (e.g. crib wall) shall be utilized to reduce the visibility and aid in graffiti deterrence of the proposed retaining walls. If cast-in-place type walls are used, a form-liner texture (e.g. “ripped rope”) shall be incorporated into the design. Furthermore, the walls shall be aligned to allow the planting of vines and shrubs at the base of the walls for graffiti deterrence and to help blend the walls into the surrounding landscape. An agreement shall be reached with the property owner immediately adjacent to this area to plant and maintain the owner’s property.
L WATER QUALITY
Significant Effect: Typical mitigation measures including compliance with Regional Water Quality Control Board regulations and implementation of best management practices will reduce impacts from cumulative projects to a level less than significant.
Finding: Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which will avoid the significant environmental effect as identified in the Final Program EIR.
The project proposes a stormwater management infrastructure system design concept that utilizes a comprehensive system of water conveyances and detention basins. The detention facilities will be designed to remove pollutants and sediment prior to discharge to the adjacent watersheds.
43
Because the Project will cause some unavoidable significant environmental effects, as outlined above (see Section VIII), the City must consider the feasibility of any environmentally superior alternative to the Project, as finally approved. The City must evaluate whether one or more of these alternatives could avoid or substantially lessen the . unavoidable significant environmental effects. Citizens for Qua1 tv Growth v. City of Mom Shasta (1988) 198 Cal. App3d 433 [243 Cal. Rptr. 7271; See ralso Pub. Resources Code section 21002. Because it is a judgment call whether an alternative is environmentally superior these findings contrast and compare all of the alternatives analyzed in the FPEIR.
FEASIBILITY OF XI. POTENTIAL PROJECT ALTERNATIVES
In general, in preparing and adopting findings a lead agency need not necessarily address the feasibility of both mitigation measures and environmentally superior alternatives when contemplating the approval of a project with significant impacts. Where the significant impacts can be mitigated to an acceptable (insignificant) level solely by the adoption of mitigation measures, the agency, in drafting its findings, has no obligation to consider the feasibility of environmentally superior alternatives, even if their impacts would be less . . severe than those of the Project as mitigated. Laurel Heights Imuro ement Assoctation , Repents of the University of California (1988) 47 Cal.3d-376 [253 Cal Rptr. 4261; &
0 j 8421 -see alsQw&gs Cou ty Fa m (1978) 83 Cal.App.3d 515 [ 147 Cal. Rptr. u eau . City o a ord (1990) 221 Cal.App.3d 692 [270 Cal. Rptr. 6501. AFcordiLglyBfAr thz Projectf E iiopting the findings concerning Project alternatives, the City Council considers only those environmental impacts, that for the finally approved Project, are significant and cannot be avoided or substantially lessened through mitigation.
Where, as in this Project, significant environmental effects remain even after application of all feasible mitigation measures identified in the Final Program EIR, the decisionmakers must evaluate the Project alternatives identified in the Final Program EIR. Under these circumstances, CEQA requires findings on the feasibility of Project alternatives. If no Project alternatives are feasible, the decisionmakers must adopt a Statement of Overriding Considerations with regard to the Project. If there is a feasible alternative to the Project, the decisionmakers must decide whether it is environmentally superior to the Project. Proposed Project alternatives considered must be ones which “could feasibly attain the basic objectives of the Project.” However, the Guidelines also require an EIR to examine alternatives “capable of eliminating” environmental effects even if these alternatives “would impede to some degree the attainment of the project objectives.” [CEQA Guidelines section 15 126 subd.(d)]
CEQA provides the following definition of the term “feasible” as it applies to the findings requirement: “‘Feasible’ means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.” Pub. Resources Code, § 21061.1. The CEQA Guidelines provide a broader definition of “feasibility” that also encompasses “legal” factors. CEQA Guidelines, 8 15364 (“The lack of legal powers of an agency to use in imposing an alternative or mitigation measure may be as great a limitation as any economic, environmental, social, or technological factor.“).
44
Accordingly, “feasibility” is a term of art under CEQA and thus is afforded a different meaning as may be provided by Webster’s Dictionary or any other sources.
Moreover, Public Resources Code section 21081 governs the “findings” requirement under CEQA with regard to the feasibility of alternatives. This provision was recently amended by SB 919. It states in relevant part:
II
. . . [N]o public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless the public agency makes one or more of the following findings:
(a)(3) Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report.”
The concept of “feasibility,” therefore, as it applies to findings, involves a balancing of various economic, environmental, social, legal, and technological factors. &g Pub. Resources Code 5 21061.1; CEQA Guidelines, $ 15364; Pub. Resources Code, 9 21081,;m . also City of De1 Mar v. (,&y of &n Die@ (1992) 133 Cal.App3rd 401, 414-417.
In my of De1 Mar . . . City of San Diem (1992) 133 Cal.App.3d 401,415-417, the Court of Appeal found that Le City of San Diego had “. . . considered and reasonably rejected . .
. [certain] project alternatives . . . as infeasible in view of the social and economic realities in the region.” U. at 417. The court determined that San Diego had attempted to accommodate the feasibility factors based upon its growth management plan which included the proposed development project. Accordingly, the court concluded:
“Assuming this accommodation is a reasonable one (citation omitted), San Diego is entitled to rely on it in evaluating various project alternatives. The cost-benefit analysis which led to the accommodation is of course subject to review, but it need not be mechanically stated at each stage of the approval process. In sense, , . . . er CEOA encowes de&v’ to the sent that irabw ed . . . on a reasqnable ba of the relevant tecmctors . We accordingly conclude that San Diego did not abuse its discretion under CEQA in rejecting various project alternatives as infeasible.”
46. (emphasis added).
These Findings contrast and *compare the alternatives where appropriate in order to demonstrate that the selection of the finally approved Project, while still resulting in significant environmental impacts, has substantial environmental, planning, fiscal and other benefits. In rejecting all of the alternatives, the decisionmakers have examined the finally approved Project objectives and weighed the ability of the various alternatives to meet the objectives. The decisionmakers believe that the Project best meets the finally approved Project objectives with the least environmental impact. The objectives considered by the decisionmakers are:
45
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Plan for a variety of compatible land uses separated and buffered by open space areas and landscape setbacks.
Establish a mixed-use development by combining complementary uses around LEGOLAND Carlsbad that will become a focus and activity center for the City of Carlsbad.
Establish recreational, agricultural and open space uses that maintain the open character and scenic quality of the Carlsbad Ranch property.
Minimize conflicts between agricultural and urban uses.
Develop LEGOLAND Carlsbad to focus on providing fun and creative educational experiences for children in the 2-13 age group and their families.
Grading and drainage approaches for the site should build on the topographic character of the Carlsbad Ranch.
Establish an attractive roadway system that provides access to the Carlsbad Ranch from the north and south.
Provide a circulation system that allows for efficient transit service to the
Carlsbad Ranch.
Cooperate with the regional planning and air quality agencies responsible for developing and maintaining the transportation control management plan and regional air quality plans.
Provide bicycle facilities that promote the use of the bicycle as an alternative mode of transportation.
Develop a strong pedestrian circulation network within the Carlsbad Ranch that connects with planned citywide trail systems.
Provide adequate parking facilities to serve the needs of the commercial and recreational uses on the Carlsbad Ranch.
Additional objectives specific to the site selection for LEGOLAND, the Gemological Institute of America (GIA), a destination resort, a golf course, a regional retail center and other components of the Carlsbad Ranch Specific Plan are as follows:
13. Develop LEGOLAND, a regional retail center and major destination resort in an area that can draw on a regional population base of 15 million people located within a three-hour drive.
14.
15.
Locate LEGOLAND, a regional retail center and major destination resort at a site that is a 30 minute maximum drive from a major metropolis.
Develop LEGOLAND Carlsbad themepark on a minimum 128 net acre site.
46
16.
17.
18.
19.
20.
21.
22.
Develop LEGOLAND, GIA, a major destination resort, a research and development area, and a regional retail center on a site that is an integral element of a well-planned mixed-use project with surrounding uses that are compatible.
Locate LEGOLAND Carlsbad themepark at a site with direct freeway access via a major arterial road and a maximum distance from the freeway interchange to the LEGOLAND Carlsbad site of 2 miles.
Locate LEGOLAND, GIA, a major destination resort, a research and development area, a regional retail center and a golf course at a site with no direct access through existing or planned residential neighborhoods.
Locate LEGOLAND, a major destination resort and a golf course at a site with close proximity to rail service.
Develop LEGOLAND, GIA, a major destination resort, a research and development area, and a regional retail center at a site with major utilities available in close proximity to the site.
Commit the developer and the City to a suitable Master Plan for all surrounding properties to secure quality developments surrounding the LEGOLAND Carlsbad project and safeguard through comprehensive planning against neighboring and undesirable “spin-off” developments.
Require existing or proposed projects surrounding the themepark to include low density developments with high quality landscaping, compatible with the emphasis on landscaping and environmental sensitivity that is provided in the LEGOLAND Carlsbad project.
The Final Program EIR for the Project examined a broad range of reasonable on site and off site alternatives to the Project to determine whether it could meet the Project’s objectives while avoiding or substantially lessening one or more of the Project’s significant, unavoidable impacts. The City has properly considered and reasonably rejected project alternatives as “infeasible” pursuant to CEQA.
NO PROJECT/NO DEVELOPMENT ALTERNATIVE
Description of Alternative
CEQA requires the analysis of the No Project Alternative (Public Resources Code Section 15 126).
This alternative assumes that the site would not be developed with the proposed project, and the site would remain in its existing condition. The existing uses of the site for agricultural production would continue indefinitely as market conditions, and constraints on agriculture (i.e. water costs) dictate.
47
Finding
Finding 3- Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR.
Facts in Support of Finding
A. This alternative would not meet the City of Carlsbad planning and design objectives
for the site as expressed in the Specific Plan and Final EIR. These objectives include:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Plan for a variety of compatible land uses separated and buffered by open space areas and landscape setbacks.
Establish a mixed-use development by combining complementary uses around LEGOLAND Carlsbad that will become a focus and activity center for the City of Carlsbad.
Establish recreational, agricultural and open space uses that maintain the open character and scenic quality of the Carlsbad Ranch property.
Minimize conflicts between agricultural and urban uses.
Develop LEGOLAND Carlsbad to focus on providing fun and creative educational experiences for children in the 2-13 age group and their families.
Grading and drainage approaches for the site should build on the topographic character of the Carlsbad Ranch.
Establish an attractive roadway system that provides access to the Carlsbad Ranch from the north and south.
Provide a circulation system that allows for efficient transit service to the Carlsbad Ranch.
Cooperate with the regional planning and air quality agencies responsible for developing and maintaining the transportation control management plan and regional air quality plans.
Provide bicycle facilities that promote the use of the bicycle as an alternative mode of transportation.
Develop a strong pedestrian circulation network within the Carlsbad Ranch that connects with planned citywide trail systems.
Provide adequate parking facilities to serve the needs of the commercial and recreational uses on the Carlsbad Ranch.
48
Additional objectives specific to the site selection for LEGOLAND, the Gemological Institute of America (GIA), a destination resort, a golf course, a regional retail center and other components of the Carlsbad Ranch Specific Plan are as follows:
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
Develop LEGOLAND, a regional retail center and major destination resort in an area that can draw on a regional population base of 15 million people located within a three-hour drive.
Locate LEGOLAND, a regional retail center and major destination resort at a site that is a 30 minute maximum drive from a major metropolis.
Develop LEGOLAND Carlsbad themepark on a minimum 128 net acre site.
Develop LEGOLAND, GIA, a major destination resort, a research and development area, and a regional retail center on a site that is an integral element of a well-planned mixed-use project with surrounding uses that are compatible.
Locate LEGOLAND Carlsbad themepark at a site with direct freeway access via a major arterial road and a maximum distance from the freeway interchange to the LEGOLAND Carlsbad site of 2 miles.
Locate LEGOLAND, GIA, a major destination resort, a research and development area, a regional retail center and a golf course at a site with no direct access through existing or planned residential neighborhoods.
Locate LEGOLAND, a major destination resort and a golf course at a site with close proximity to rail service.
Develop LEGOLAND, GIA, a major destination resort, a research and development area, and a regional retail center at a site with major utilities available in close proximity to the site.
Commit the developer and the City to a suitable Master Plan for all surrounding properties to secure quality developments surrounding the LEGOLAND Carlsbad project and safeguard through comprehensive planning against neighboring and undesirable “spin-off’ developments.
Require existing or proposed projects surrounding the themepark to include low density developments with high quality landscaping, compatible with the emphasis on landscaping and environmental sensitivity that is provided in the LEGOLAND Carlsbad project.
49
DEVELOPMENT UNDER EXISTING CARLSBAD RANCH SPECIFIC PLAN DESIGNATIONS
Description of Alternative
This alternative assumes that the project site would be developed under the existing approved Carlsbad Ranch Specific Plan designations. The existing specific plan designates the project site as professional office/research and development, community commercial, travel service/community commercial, community commercial/office/research and development, open space, and non-residential reserve. This alternative assumes that no
amendments to the existing plans (specific plan, general plan, local coastal plan) would be required for development under this scenario.
Buildout under the existing Carlsbad Ranch Specific Plan designations would allow for the development of a maximum of 1,450,OOO square feet of office, 220,000 square feet of retail, and a 280 room hotel. The specific plan also allows for a golf range, and the retention of approximately 306 acres of agriculture. The existing Carlsbad Ranch Specific Plan encompasses a total of 423.5 acres.
Finding
Finding,3- Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR.
Facts in Support of Finding
A. This alternative would not meet the City of Carlsbad planning and design objectives for the site as expressed in the Specific Plan and Final EIR. These objectives include:
2. Establish a mixed-use development by combining complementary uses around LEGOLAND Carlsbad that will become a focus and activity center for the City of Carlsbad.
3. Establish recreational, agricultural and open space uses that maintain the open character and scenic quality of the Carlsbad Ranch property.
5. Develop LEGOLAND Carlsbad to focus on providing fun and creative educational experiences for children in the 2-13 age group and their families.
11. Develop a stroni pedestrian circulation network within the Carlsbad Ranch that connects with planned citywide trail systems.
Additional objectives specific to the site selection for LEGOLAND, the Gemological Institute of America (GIA), a destination resort, a golf course, a regional retail center and other components of the Carlsbad Ranch Specific Plan are as follows:
50
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
Develop LEGOLAND, a regional retail center and major destination resort in an area that can draw on a regional population base of 15 million people located within a three-hour drive.
Locate LEGOLAND, a regional retail center and major destination resort at a site that is a 30 minute maximum drive from a major metropolis.
Develop LEGOLAND Carlsbad themepark on a minimum 128 net acre site.
Develop LEGOLAND, GIA,’ a major destination resort, a research and development area, and a regional retail center on a site that is an integral element of a well-planned mixed-use project with surrounding uses that are compatible.
Locate LEGOLAND Carlsbad themepark at a site with direct freeway access via a major arterial road and a maximum distance from the freeway interchange to the LEGOLAND Carlsbad site of 2 miles.
Locate LEGOLAND, GIA, a major destination resort, a research and development area, a regional retail center and a golf course at a site with no direct access through existing or planned residential neighborhoods.
Locate LEGOLAND, a major destination resort and a golf course at a site with close proximity to rail service.
Develop LEGOLAND, GIA, a major destination resort, a research and development area, and a regional retail center at a site with major utilities available in close proximity to the site.
Commit the developer and the City to a suitable Master Plan for all surrounding properties to secure quality developments surrounding the LEGOLAND Carlsbad project and safeguard through comprehensive planning against neighboring and undesirable “spin-off’ developments.
Require existing or proposed projects surrounding the themepark to include low density developments with high quality landscaping, compatible with the emphasis on landscaping and environmental sensitivity that is provided in the LEGOLAND Carlsbad project.
ALTERNATIVE LOCATION
Description of Alternative
This alternative assumes the development of the proposed project at an alternative location. .
The alternative location that is the most suitable site for the entire Carlsbad Ranch Specific Plan Amendment and SDG&E component project is in Oceanside, north of Oceanside Boulevard, east of El Camino Real, and south of Mesa Drive. This site would be able to accommodate the entire Carlsbad Ranch Specific Plan Amendment land uses, could meet
51
some of the basic objectives of the project, could avoid some impacts associated with the proposed project without resulting in additional significant impacts not associated with the proposed project and is currently planned for non-residential uses. Additionally, this site meets the criteria identified for minimum site acreage, distance to freeway, no access through residential neighborhoods, and proximity to rail service. It does not meet the remaining eight criteria which includes a maximum distance from a major metropolis of 30 minutes, site part of a mixed-use with compatible uses, direct freeway access, utilities available nearby and the landowner and developer performance requirements.
Finding
Finding 3Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR.
Facts in Support of Finding
This alternative would not meet the City of Carlsbad planning and design objectives for the site as expressed in the Specific Plan and Final EIR. These objectives include:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Plan for a variety of compatible land uses separated and buffered by open space areas and landscape setbacks.
Establish a mixed-use development by combining complementary uses around LEGOLAND Carlsbad that will become a focus and activity center for the City of Carlsbad.
Establish recreational, agricultural and open space uses that maintain the open character and scenic quality of the Carlsbad Ranch property.
Minimize conflicts between agricultural and urban uses.
Develop LEGOLAND Carlsbad to focus on providing fun and creative educational experiences for children in the 2-13 age group and their families.
Grading and drainage approaches for the site should build on the topographic character of the Carlsbad Ranch.
Establish an attractive roadway system that provides access to the Carlsbad Ranch from the north and south.
Provide a circulation system that allows for efficient transit service to the Carlsbad Ranch.
Cooperate with the regional planning and air quality agencies responsible for developing and maintaining the transportation control management plan and regional air quality plans.
Provide bicycle facilities that promote the use of the bicycle as an alternative mode of transportation.
52
11. Develop a strong pedestrian circulation network within the Carlsbad Ranch that connects with planned citywide trail systems.
12. Provide adequate parking facilities to serve the needs of the commercial and recreational uses on the Carlsbad Ranch.
Additional objectives specific to the site selection for LEGOLAND, the Gemological Institute of America (GIA), a destination resort, a golf course, a regional retail center and other components of the Carlsbad Ranch Specific Plan are as follows:
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
Develop LEGOLAND, a regional retail center and major destination resort in an area that can draw on a regional population base of 15 million people located within a three-hour drive.
Locate LEGOLAND, a regional retail center and major destination resort at a site that is a 30 minute maximum drive from a major metropolis.
Develop LEGOLAND Carlsbad themepark on a minimum 128 net acre site.
Develop LEGOLAND, GIA, a major destination resort, a research and development area, and a regional retail center on a site that is an integral element of a well-planned mixed-use project with surrounding uses that are compatible.
Locate LEGOLAND Carlsbad themepark at a site with direct freeway access via a major arterial road and a maximum distance from the freeway interchange to the LEGOLAND Carlsbad site of 2 miles.
Locate LEGOLAND, GIA, a major destination resort, a research and development area, a regional retail center and a golf course at a site with no direct access through existing or planned residential neighborhoods.
Locate LEGOLAND, a major destination resort and a golf course at a site with close proximity to rail service.
Develop LEGOLAND, GIA, a major destination resort, a research and development area, and a regional retail center at a site with major utilities available in close proximity to the site.
Commit the developer and the City to a suitable Master Plan for all surrounding properties to secure quality developments surrounding the’ LEGOLAND Carlsbad project and safeguard through comprehensive planning against neighboring and undesirable “spin-off’ developments.
Require existing or proposed projects surrounding the themepark to include low density developments with high quality landscaping, compatible with the emphasis on landscaping and environmental sensitivity that is provided in the LEGOLAND Carlsbad project.
53
XII.’ STATEMENT OF OVERRIDING CONSIDERATIONS
The Project would have significant, unavoidable impacts on the following areas, described
in detail in Section VII of these Findings of Fact (Direct Significant Effects and Mitigation Measures):
m Agricultural Resources (Cumulative) w Air Quality (Cumulative) Traffic (Cumulative)
The City has adopted all feasible mitigation measures with respect to these impacts. Although in some instances these mitigation measures may substantially lessen these significant impacts, adoption of the measures will not fully avoid the impacts.
The City has examined a reasonable range of alternatives to the Project. Based on this examination, the City has determined that none of these alternatives both (1) meets Project objectives, and (2) is environmentally preferable to the finally approved Project.
As a result, to approve the Project the City must adopt a “statement of overriding considerations” pursuant to CEQA Guidelines Sections 15043 and 15093. This statement allows a lead agency to cite a project’s general economic, social or other benefits as a justification for choosing. to allow the occurrence of specified significant environmental effects that have not been avoided. The statement explains why, in the agency’s judgement, the Project’s benefits outweigh the unavoided significant effects.
CEQA does not require lead agencies to analyze “beneficial impacts” in an EIR. Rather, EIRs are to focus on potential “significant effects on the environment,” defined to be “adverse”. (Pub. Resources Code, Section 21068). The Legislature amended the definition to focus on “adverse” impacts after the California Supreme Court had held that beneficial impacts must also be addressed. m Wildlife Alive v. Ch’cke ‘ng (1976) 18 Cal. 3d 190, 206 [ 132 Cal.Rptr.3771.) Nevertheless, decisionmakers b:nefi; from information about Project benefits. These benefits can be cited, if necessary, in a statement of overriding considerations. & CEQA Guidelines, Section 15093.)
The City finds that the Project would have the following substantial social, environmental and economic benefits:
1. The proposed project is consistent with and implements the goals and objectives of the City of Carlsbad General Plan.
2. The proposed project provides a compatible mixture of land uses which includes natural open space, public recreation, a resort hotel and visitor serving retail and commercial uses, flower fields, a vocational school campus, and the LEGOLAND themepark.
3. The proposed project will increase employment opportunities in the City of Carlsbad including short-term construction employment and long-term employment associated
54
with the proposed land uses. Total new jobs in both the service and nonservice sector generated by the project range between 4,000-6,000.
4. The proposed project is anticipated to have an overall positive fiscal effect on the City of Carlsbad. Development of the project will result in estimated annual City tax revenues of approximately $5.4 million to $5.5 million. This represents approximately 14% of the City’s 1994-1995 General Fund budget. The net additional annual revenues to the City are estimated to total approximately $3.1 million to $3.2 million. (Fiscal Impact Study and Incremental Revenue Analysis of LEG0 World Theme Park”, Price Waterhouse 1993).
5. The proposed project will allow for the development of the Project as an integrated whole which will foster the agricultural use in perpetuity for the agricultural lands most suitable for use on the site.
6. The project as an integrated whole will provide significant public benefits in education including LEGOLAND, the flower fields, and the Gemological Institute of America campus.
7. The proposed project will provide public recreational uses including LEGOLAND, the golf course, the flower fields and open space.
8. Approval of the proposed project will allow feasibility of bond financing for the circulation improvements by creating the higher, non-agricultural assessments, upon which bond financing is based. Road improvements include the extension of Cannon Road from Car Country Drive to the eastern boundary of the project.
Exmrr “L-r
Decmbw6,I9%
FINAL
PROGRAM ENVIRONMENTAL IMPACT REPORT
MITIGATION MONITORING PROGRAM
for the
CARLSBAD RANCH SPlkIFIC PLAN AMENDMENT
SCH # 9505 1001
EIR 94-01
NOVEMBER 1995
Prepared for:
City of Carlsbad Planning Department 2075 Las Palmas Drive
Carlsbad, California 92009
Prepared by:
Cotton/Beland/Associates, Inc.
747 East Green Street, Suite 400 Pasadena, California 9 1101
6310 Greenwich, Suite 220 San Diego, California 92122
879.00
CARLSBAD RANCH SPECIFIC PLAN AMENDMENT EIR 94-01 MITIGATION MONITORING PROGRAM
PURPOSE OF THE MONITORING PROGRAM
The Mitigation Program is written in accordance with Section 21081.6 of the Public Resources Code, which was added by Assembly Bill 3180 and became effective on January 1, 1989. The purpose of the program is to ensure that the mitigation measures required by the Environmental Impact Report (EIR) for the Carlsbad Ranch Specific Plan Amendment EIR are properly implemented. The City will monitor the mitigation measures required for development and operation of the Carlsbad Ranch Specific Plan Amendment EIR. The Mitigation Monitoring Checklist provides a mechanism. for monitoring the mitigation measures in compliance with the EIR, and general guidelines for the use and implementation of the monitoring program are described below.
MITIGATION MONITORING CHECKLIST
The Mitigation Monitoring Checklist is organized by categories of environmental impacts, (e.g., Biological Resources, Land Use, Traffic/Circulation). For each impact area, the potential impacts identified in the EIR are summarized and the required mitigation measures are listed. The following items are identified for each mitigation measure to ensure proper implementation and to establish a monitoring system: Monitoring Agency, When Implemented, Implementation Mechanism and Status. A description of these items is provided below.
Monitoring Agency
For each mitigation measure, the Monitoring Agency is identified. The monitoring agency is responsible for ensuring that the mitigation measures are properly implemented. City departments charged with community development, resource management, infrastructure and public services are typically assigned monitoring responsibilities. If mitigation measures have been requested by an agency that has jurisdiction by law over some component of the environment, the City can request the agency to prepare a mitigation monitoring program for those mitigation measures.
l
When Implemented
The mitigation measures required for the Carlsbad Ranch Specific Plan EIR will be implemented at various times as development proceeds and during operation. Some measures must be implemented during construction activities, while others must be implemented when the land use is developed and in operation. For each mitigation measure, the implementation schedule is identified as PreConstruction, During Construction and Post Construction (during operation).
Ccvlsbd Ranch S Finai Pmgmn EI f ci’c P/an Amen&mu
Mitigation hfonitonhg Rvgmm 1
Monitoring Mechanism
The Monitoring Mechanism identifies the specific step in the development regulatory process where implementation of the measure will be required. For example, completion of geotechnical studies may be required prior to approval of the grading plan The information in this column tells the Monitoring Agency how specific measures will be incorporated into the development process and when monitoring should occur.
Status
The Status column of the checklist has been intentionally left blank. City staff will use this column to make notes about the progress made in implementing each measure. Upon full implementation of the measure, the completion date will be entered.
HOW TO USE THE MONITORING PROGRAM
The EIR for the Carlsbad Ranch Specific Plan identifies a number of mitigation measures to reduce significant environmental impacts. Some of the mitigation measures apply to the entire project site and must be implemented before any development occurs. Other mitigation measures will be implemented during project operations. As a result, the implementation schedule for each measure varies as described in the table.
G&bad Ranch S ific P&n Amendment Finai Pn.?g?m Elf hfitigution Monitoring Rqpwn 2
Ci of C&bad I? ovember 1995
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3 SE au.0 5s 02 f .-$ ii .e-g .“p+
+3s r&c;d;l
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A RESOLUTION OF THE PI&WIN G COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDINGAPPROVALOFANAMENDMENTTO
THE LAND USE ELEMENT OF THE GENERAL PLAN
FROM OFFICE/PLANNED INDUSTRIAL (O/PI),
COMMUNITY COMMERCIAL/OFFICE/PLANNED
INDUSTRIAL (C/O/PI), TRAVEL/RECREATION
COMMERCIAWOMMUNITY COMMERCIAL (T-R/C),
COMMUNITY COMMERCIAL (C), PLANNED
INDUSTRIAL (PI), OPEN SPACE (OS), AND UNPLANNED
AREA (UA) TO OFFICE/PLANNED INDUSTRIAL (O/PI),
REGIONAL COMMERCIAL (R), TRAVEW2ECREATION
COMMERCIAUCOMMUNITY COMMERCIAL (T-R/C),
TRAVEURECREATION COMMERCIAL (T-R) AND OPEN
SPACE (OS) INCLUDING AN ADJUSTMENT TO THE
BOUNDARIES OF THE OFFICIAL OPEN SPACE AND
CONSERVATION MAP ON PROPERTY GENERALLY
LOCATED NORTH OF PALOMAR AIRPORT ROAD,
SOUTH OF FUTURE CANNON ROAD, EAST OF PASEO
DEL NORTE AND WEST OF LOCAL FACILITY
MANAGEMENT ZONES 5 AND 8 IN ADDITION TO AN
AMENDMENT TO THE CIRCULATION ELEMENT TO
REPLACE HIDDEN VALLEY ROAD WITH ARMADA
DRIVE.
CASE NAME: CARLSBAD RANCH/LEGOLAND
SPECIFIC PLAN AMENDMENT
CASE NO: GPA 94-03
WHEREAS, the Caritas Company has filed a verified application for certain
property, to wit:
A portion of lots “G” and “H? of Ranch0 Agua Hedionda, in the City
of Carisbad, County of San Diego, State of California, according to the
Map thereof No. 823, filed in the Office of the County Recorder of San
Diego County on November 19, 1896; and Lots 1, 2, 7 and 8 of
Carisbad Tract No. 92-7 (Carlsbad Ranch Unit 1 and Unit 2) in the
City of Carisbad, County of San Diego, State of California, according
to the map thereof No. 13078 filed in the Office of the County
Recorder of San Diego County on December 28,1993; and Lots 9-14,
inclusive of Carisbad Tract No. 92-7 (Carisbad Ranch Unit 3), in the
City of Carisbad, County of San Diego, State of California, according
to the map thereof No. 13215, fIied in the Office of the County
Recorder of San Diego County on June 30,1995
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WHEREAS, said application constitutes a request for a General Plan
Amendment dated December 6,1995, attached hereto marked Exhibit Y and incorporated
by this reference+ and Open Space and Conservation Map Boundary Adjustment dated
December $1995, attached hereto marked Exhibit Y and incorporated by this reference,
and Circulation Element Amendment dated December 6, 1995, attached hereto marked
Exhibit “2” as provided in Government Code Sections 65350 et seq. and Section 2152.160
of the Carlsbad Municipal Code, respectively; and
WHEREAS, the Planning commission did, on the 6th day of December, 1995,
hold a duly noticed public hearing as prescribed by law to consider said request;
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to the General Plan Amendment.
NOW, THEREFORE, BE lT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
4
B)
That the above recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL, of General Plan Amendment, GPA 94-03,
based on the following findings and subject to the following conditions.
Findinns:
1. The Planning Commission finds that the project, as conditioned herein for an
amendment to the General Plan Land Use Designations as shown on Exhibits “x”
and Y as well as an amendment to the Circulation Plan as depicted on Exhibit “Z”,
is in conformance with the Elements of the City’s General Plan, based on the
following:
Land Use Element
Goal A.1 (Land Use Coals) A City which preserves and enhances the
environment, character and image of itself as a desirable residential, beach
and open space oriented community. The project proposes naturai open
space, a public golf course, and the retention of the existing flower fields
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2)
3)
4)
5)
6)
B.
1)
2)
thereby satisfying this general plan goal.
Goal A.3 A (Land Use Goals) A City which provides for land uses which
through their arrangement, location and size, support and enhance the
economic viability of the community. The project proposes a variety of land
uses which have been carefully planned to maximixe the best use of the site,
and contribute to the economic viability of the city.
Goal A.1 (Growth Management and Public Facilities Goals) A City which
ensures the timely provision of adequate public facilities and services to
preserve the quality of life of residents. The specific plan includes provisions
which ensure that all necessary public facilities will be available concurrent
with demand. The specific plan has been developed to be consistent with and
implement the Zone 13 L+ocai Facilities Management Plan.
Goal A.4 (Commercial Goals) A City which promotes recreational and
tourist oriented land uses which serve visitors, employees of the industrial and
business centers, as well as residents of the city. The retail commercial uses
are intended to help attract and accommodate locai residents in addition to
meeting the needs of the specific plan tenants and guests.
Goal A.1 (Agriculture Goals) A City which prevents the premature
elimination of agricultural land and preserves said lands wherever possible.
The specific plan will result in the termination of a Williamson Act Land
Conservation Contract and the conversion of existing agricultural land to
urban uses. However, the specific plan also provides for the preservation of
approximately 53 acres of agricultural uses for the flower fields. Although the
project will result in the conversion of agricultural land, it wiii also provide
for the long-term preservation of agricuiturai land which would othetwise be
unprotected from development in the future.
Policy C.4 (Agricultural Policies) Attempt to preserve the flower fields or
lands east of I-5 to the first ridgeline between Cannon Road and Palomar
Airport Road, through whatever method created and most advantageous to
the City of Carlsbad. The specific plan proposes to retain the flower fields
through proJect design, and through subsidizing operations from revenue
generated from proposed urban development within the specifk plan.
Circulation Element
Objective B.l (Streets and Traffic Controls) To provide an adequate
circulation infrastructure concurrent with or prior to the actual demand for
such facilities. A phastng plan has been prepared for the project which
identifies necessary improvements prior to each level of development.
Policy C. 1 (Streets and Traffic Controls) Require new development to comply
with the adopted (September 23, 1986) Growth Management performance
standards for circulation facilities. A transportation analysis has been
44 PC RESO 3845 -3- a-&
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2.
3.
. . . .
3)
4)
5)
C.
1)
prepared for the project which shows the project% compliance with Growth
Management performance standards.
Objective B.l (Alternative Modes of Transportation) To provide
infrastructure and facilities necessary to accommodate pedestrians, bicycles,
and other non-automobile modes of transportation. The specific plan
provides a system of pedestrian, bicycle, and golf cart paths throughout the
plan area, which provide connections to land uses within and surrounding the
project site.
Policy C.4 (Alternative Modes of Transportation) Link public sidewalks to
the network of public and private trails systems. The specific plan provides
a linkage for public sidewalks surrounding the project to the plan’s proposed
trails.
The amendment to the Circulation Plan (Map 1, page 11) contained in the
circulation element to replace Hidden Valley Road with Armada Drive will
maintain a north/south connection between Paiomar Airport Road and
Cannon Road while reducing potential environmental impacts associated with
the northern alignment of Hidden Valley Road.
Open Space and Conservation Element
Goal A.1 (Open Space and Conservation) An open space system of aesthetic
value that maintains community identity, achieves a sense of natural
spaciousness, and provides visual relief in the cityscape. Open space will be
provided on-site through the proposed golf course use, and flower fields which
will provide aesthetic value, maintain community identity and provide visual
relief. A ten-acre parcel in the northeastern portion of the specific plan will
be retained as natural open space,
That the proposed open space area is equal to or greater than the area depicted on
the Official Open Space and Conservation Map. The total acreage designated as
Generai Plan Open Space on the project site will increase from approximately 63.6
acres to approximately 135.49 acres.
That the proposed open space area is of environmental quality equal to or greater
than that depicted on the Official Open Space and Conservation Map. The area
subject to the open space boundary adjustment is approximately 24.5 acres
designated in the Carisbad Ranch Specific Plan for a golf driving range. The 24.5 acre area contains no sensitive environmental resources and has been utiiized for
agricultural production. The additional open space proposed is of environmental
quality which is equal to or greater than the area being replaced as it includes 10
acres located in the northeastern corner of the site containing sensitive biological
resources, approximately 1432 acres which will be added to the flower field area to
be preserved, and 72.07 acres to accommodate golf course development.
PC RESO 3845 b 4
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4. That the proposed open space, as depicted on the Official Open Space and
Conservation Map, is contiguous or within close proximity to open space as shown
on the OfTicial Open Space Map. The adjustments to the current open space
boundaries are contiguous or within close proximity to the open space shown on the
OMciai Open Space and Conservation Map as additional acreage will be added to
the open space designation shown on the map for the fiower field area, the 10 acres
in the northeast corner is contiguous to open space designations existing on the
Veteran’s Memorial Park property, and the open space proposed over the golf course
area is contiguous to the flower fields and in close proximity to the 24.5 acre driving
range area which is the subject of the boundary adjustment.
Conditions:
1. Approval of GPA 94-03 is granted subject to ‘the approval of EIR 94-01, LCPA 90-
OS(B), ZC 94-02, SP 207(A), SP 144 (G), LPMP 87-13(B), and AP 761)1(D). GPA
94-03 is subject to all conditions contained in Planning Commission Resolution No.
3844 for the Program EIR
EFTFECT’IVE DATE: This resolution shall become effective upon adoption
and the General Plan Amendment affected thereby shall become effective 30 days
thereafter.
, PCRESO3845
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I PASSED, APPROVED, AND ADOPTED at a regular meeting of the
I Planning Commission of the City of Carlsbad, California, held on the 6th day of December,
1995, by the following vote, to wit:
AYES: Chairperson Welshons, Commissioners Compas, Nielsen, Noble
and Savary
NOES: Commissioners Erwin and Monroy
ABSENT: None
ABSTAIN: None
CARL,SBADP LANNING COMMISSION
ATTEST:
Planning Director
PC RESO 3845 -6-
EXMBIT “X” Decembew6,?995
EXISTING GENERAL PLAN LAND USES
. . OS
El OS OPEN SPACE
I T-R TRAVEL/RECREATION
COMMERCIAL
El R REGIONAL COMMERCIAL COMMUNITY COMMERCIAL
OFFICE/PLANNED
INDUSTRIAL El UA UNPLANNED AREAS
PROPOSED GENERAL PLAN LAND USES
. . OS
PALOMAR AIRPORT RD
OPEN SPACE El T-R TRAVEL/RECREATION
COMMERCIAL
El R REGIONAL COMMERCIAL / C COMMUNITY COMMERCIAL
OFFICE/PLANNED INDUSTRIAL
EXHBIT “2”
December6J995
REMOVE: WDEN VALLEY RD
ADD: ARMADA DR
PACIFIC
OCEAN
CITY OF CARLSBAD CRCULATION PLAN \
+I-+- RANROAD
- FREEWAY
- PfWE ARlERlAL
,..I
- MAJORARTERAL c
- SECONDARYARTEIWL I
. . . . . . . ..I C~Tofj m ‘/\-I
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PLANNING COMMISSION RESOLUTION NO. 3846
A RESOLUTION OF THE PLANNIN G COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDINGAPPROVALOFANAMENDMENTTO
THE TEXT OF THE AGUA HEDIONDA AND MELLO II
SEGMENTS OF THE LOCAL COASTAL PROGRAM, AN
AMENDMENT TO THE MELLO II SEGMENT LAND USE
PLAN. MAP OF THE CARLSBAD LOCAL COASTAL
PROGRAM TO BRING THE DESIGNATIONS ON THE
LOCAL COASTAL PROGRAM, GENERAL PLAN, AND
ZONING MAP INTO CONFORMANCE ON PROPERTY
LOCATED NORTH OF PALOMAR AIRPORT ROAD,
SOUTH OF THE FUTURE CANNON ROAD EXTENSION
EXCEPTING APPROXIMATELY 24.2 ACRES LOCATED
ON THE NORTH SIDE OF CANNON ROAD, EAST OF
PASEO DEL NORTE AND WEST OF LOCAL FACILITY
MANAGEMENT ZONES 5 AND 8 AS WELL AS
AMENDMENTS TO THE IMPLEMENTATION PLAN
WHICH CONSIST OF A ZONE CHANGE AS WELL AS
TEXT AMENDMENTS TO THE CARLSBAD RANCH
SPECIFIC PLAN AND THE COASTAL AGRICULTURAL
OVERLAY ZONE AND ACCEPTANCE OF SUGGESTED
MODIFICATIONS PREVIOUSLY APPROVED BY THE
CALIFORNIA COASTAL COMMISSION.
CASE NAME: CARLSBAD RANCH/LEGOLAND
SPECIFIC PLAN AMENDMENT
CASE NO: LCPA 90-08(B)
WHEREAS, California State law requires that the Imal Coastal Program,
General Plan, and Zoning designations for properties in the Coastal Zone be in !
conformance; I
WHEREAS, the Carltas Company has filed a verified application for certain 1
property to wit:
A portion of lots “G” and “II” of Ranch0 Agua Hedionda, in the City
of Carisbad, County of San Diego, State of California, according to the Map thereof No. 823, ikd in the Office of the County Recorder of San
Diego County on November 19, 1896, and Lots 1, 2, 7 and 8 of
Carisbad Tract No. 92-7 (Carisbad Ranch Unit 1 and Unit 2) in the
City of Carisbad, County of San Diego, State of Caiifornia, according
to the map thereof No. 13078 filed in the OMce of the County
Recorder of San Diego County on December 28,1993i and Lots 9-14,
inclusive of Carisbad Tract No. 92-7 (Carisbad Ranch Unit S), in the
City of Carisbad, County of San Diego, State of California, according Sk b
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to the map thereof No. 13215, filed in the OffIce of the County
Recorder of San Diego County on June 30,1995
WHEREAS, said application constitutes a request for Local Coastal Program
Amendment Land Use Plan Amendments (land use designations and text) for the Agua
Hedionda and Meiio II Segments dated December 6,1995, attached hereto marked Exhibit
“B-l” and “B-2”, respectively, and implementation amendments (Carisbad Ranch Specific
Plan Amendment dated October 1995 referenced in the draft City Council Ordinance+
Exhibit “F-l” attached to Pianning Commission Resolution No. 3848 and Zone Change 94
02 referenced in the draft City Council Ordinance, Exhibit “C-l”, attached to Planning
Commission Resolution No. 3847, and ail incorporated by this reference, as provided in
Public Resources Code Section 30574 and Article 15, Subchapter 2, Chapter g, Division 5.5
of Title 14 of the California Code of Regulations (the California Coastai Commission
Administrative Regulations); and
WHEREAS, in 1993 the California Coastal Commission adopted suggested
modifications in approving Locai Coastai Program Amendment 90-O@ and
WHEREAS, the Pianning Commission recommends acceptance of the
suggested modifications dated December 6, 1995, attached hereto marked Exhibit “A-l”
Locai Coastal Program Amendment Land Use Pian Amendments; and
WHEREAS, the Planning Commission did on the 6th day of December, 1995,
hold a duly noticed public hearing as prescribed by law to consider all of the above; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to the Local Coastal Program Amendment.
WHEREAS, State Coastal Guidelines require a six week public review period
for any amendment to the Local Coastal Program.
PCRJZSON0.3846 -2-
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
4 That the foregoing recitations are true and correct.
B) At the end of the State mandated six week review period, starting on
September 20,1995, and ending on November 1, 1995 staff shall present to
the City Council a summary of the comments received.
C) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS ACCEPTANCE of the suggested modifications as shown on
Exhibit “A-l” and RECOMMENDS APPROVAL of LCPA 9O-OS(B).
Pindiws:
1. That the proposed Local Coastal Program Amendment is consistent with all
applicable policies of the Agua Hedionda and Mello II segments of the Carlsbad
Local Coastal Program, in that:
& the amendment to Policy 2-2 (Agriculture) of the Agua Hedionda Segment to
permit a 24.2 acre area adjacent to and north of Cannon Road to be utiiized
as part of a proposed golf course and allowing for it to be zoned as Open
Space (O-S) rather than Exclusive Agriculture (E-A) will allow for an open
space use on this area in place of agriculture which is compatible with the
land use and environmental policies contained in the coastal program;
b. the alignment of Cannon Road is substantially as shown on Exhibit G of the
Agua Hedionda segment of the Locai Coastai Program and the proposed golf
course use of the approximately 24.2 acre area complies with all policies
regarding environmentaily sensitive habitats, water, and marine resources;
C. the amendment to the Meiio II Segment to apply policy 2-1 to the area of the
Cadsbad Ranch within the agricuitural preserve with the exception of the
approximately 53.42 acres to be retained for agricultural use, and providing
that any acreage that is under the control of a public entity for use as public
recreation or open space use will be exempt form policy 2-1, will allow for the
agricultural conversion of additional areas of the Carisbad Ranch consistent
with previous Coastal Commission actions by requiring compliance with one
of the three conversion options specified in the plan. In addition it will
support the development of public recreational or open space uses in the
coastal zone by exempting public entity projects from the agricuiturai
conversion requirements;
d. the amendment to Policy 2-2 of the Mello II Segment allows for the
conversion of additional agricuitural land to urban uses in addition to that
previously provided for in this policy and establishes the appllcabiiity of the
mitigation requirements of Policy 2-1 to the conversion to reduce the impact;
PC RESO NO. 3846 -3- 4
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e.
f.
g*
h.
I.
the reduction in the structure setback required in Policy 2-2 of the Mello II
Segment from 50 feet to a minimum of 25 feet from adjacent agricultural
areas will provide an adequate buffer between agricultural and urban uses
when implemented with other measures such as required wails, berming, and
landscaping based on the findings of the Soil and Piant Laboratory, Inc. that
the texture of the soil is low in potential for dust generation;
the Mello II policy regarding the preservation of steep slopes with sensitive
vegetation is being complied with;
all drainage and runoff control measures specified in the Local Coastal
Program will be complied with as evidenced by the storm water management
program in the Carlsbad Ranch Specific Plan;
the amendment to the Carlsbad Ranch Specific Plan which is the
implementation plan for this area complies with ail policies of the Melio II
Segment and will provide for consistency between the implementation plan
and the land use plan;
the amendment proposed to the Coastal Agricultural Overlay will provide for
consistency between the implementation plan and the land use plan;
2. That the proposed amendment to the Agua Hedionda and Mello II segments of the
Carlsbad Local Coastal Program is required to bring the designations of the City’s
General Plan Land Use Map (as amended), Zoning Map (as amended) and Agua
Hedionda and Mello II Land Use Plans into conformance.
Conditions:
1. Approval of LCPA !&08(B) is granted subject to the approval of EIR 94-01, GPA 94-
03, ZC 94-02, SP 207 (A), SP 144 (G), LIMP 8743(B), and AP 7641 (D). LCPA
90-08(B) is subject to all conditions contained in Pianning Commission Resolution
No. 3844 for the Program EIR
PC RESO NO. 3846 -4
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, held on the 6th day of December, 1995, by
the following vote, to wit:
AYES: Chairperson Welshons, Commissioners Compas, Nielsen, Noble,
and Savary
NOES: Commissioners Ewin and Monroy
ABSENT: None
ABSTAIN: None
KIM WELSHONS, Chairperson CARLSBAD PLAFkING-COMMISSION
ATTEST:
MICHAEL J.#OL&ILLER
Planning Director
PC MS0 NO. 3846 -5-
EXHIBIT “A-l”
December 6,1995
CARLSBAD RANCH AND MELLO II SUGGESTED MODIFICATIONS
A. Mello II Segment Land Use Plan
1. On page 2, Policy 2-1 “Conservation of Agricultural Lands,” new policy language shall
be added to read:
(1) Consistent with the provisions of Section 30241 and 30242 of the Coastal Act,
it is the policy of the City to contribute to the preservation of the maximum
amount of prime agricultural land throughout the coastal zone by providing
for the balanced, orderly conversion of designated non-prime coastal
agricultural lands. Non-prime agricultural lands identified on Map X ~~~~~~~~~~ are designated &ad Agriculture j:::.:.:., ,._.,. _ )>,. .,.. :.<., ::..r> ..x.. . A.... >,: _ C.n. ., . . . .&&.p. . . . . :,: !: ,:, ::y..>*...,..>w2:~: . . . . A. ,..: h : .5 . . . 1 ._ and shall be pe~~~~d;to‘.~~~~~.~~..~~~~ uses subject to *e agricultural
mitigation or feasibility provisions set forth in the LCP.
(2) Conversion of designated coastal agricultural lands shall be permitted
provided that: a) conversion would preserve prime agricultural lands within the statewide coastal zone consistent with sections 30241 and 30242 or
concentrate new development consistent with section 30250 of the Coastal
Act; or b) continued or renewed agricultural use is not feasible.
(3) Conversion of non-prime coastal agricultural lands shall be permitted pursuant v,.<.,~<.. .q+ ye .*,v to either Option 1 (mitigation), Option 2 (Feasibility Analysis), $@#Q&@@@ ~~~~~~~~ (.’ 2:. > P.> :...*&qw&,
::. :.y.:.:..::.:yyx. .~~.~,~*;~‘~.~~~~~~~~*:~.~ 30242 .%&..& x. as set forth below in this policy. Consistent GKSection
ct. no feasibilitv analvsis shall be required if a landowner
se.&& option 1~~~~. l
. ’ ,.x%.x, .<< .%u*
’
Option 1 - Mitigation
Non-prime coastal agricultural lands shall be converted to urban use consistent with the
Carlsbad General Plan iE, prior to approval of a subdivision map, a mitigation program is
in effect that permanently preserves one acre of prime agricultural land within the statewide
Coastal Zone for each acre of net impacted agricultural land in the LCP that is converted.
For purposes of calculating required mitigation acreage, net impacted agricultural lands are
the par-b and acreage designated on Map X ~~~~~~~~~, &us “G ’ “%.>.,4. s..(s. X?.<Li< *e acreage in steep slopes (w% or greater) ~~~~~~..~~~~~nsiti~e coastal resources
that would preclude development.
The standards and procedures for such a mitigation program shall be set forth in LCP
implementing ordinances. Recipients of prime agricultural land interests pursuant to this
policy shall be limited to: 1) local or state agencies; or 2) tax exempt organizations whose principal charitable purposes are consistent with the agricultural mitigation program and
qualify under Section 501(c)(3) of the U.S. Internal Revenue Code. Further, mitigation
priority shall be given to preserving prime agricultural lands in the coastal zones of counties
selected by the State Coastal Conservancy for pilot program funding, and other counties
with similarly qualified programs.
Page 1 a?’
Option 2 - Determination of Agricultural Feasibility
If the feasibility of continued agricultural is questionable, either the City or involved
landowners may complete an agricultural feasibility study for: a) all coastal agricultural lands
in the LCP, b) 3 or 4 subareas which constitute logical subunits; or c) contiguous
landholdings in single ownership of at least 100 acres. If Option 2 is selected, that portion
of the study area determined to be feasible for continued agriculture, if any, shall be
converted upon request of the landowner to urban use subject to compliance with the
provisions of Option 1 above. That portion of the study area determined not to be feasible
for continued agriculture could be converted only after; a) the City approves the feasibility
study; b) an LCP amendment is prepared and submitted to the Coastal Commission that
provides for the conversion; and c) the Coastal commission certifies the LCP amendment
as to its conformance with the Coastal Act.
For purposes of implementation, neither Option 1 nor Option 2
priority over the other.
shall have
Page 2
2.
3.
(4)
(9
To maximize and expedite the preservation of prime agricultural lands
throughout the state coastal zone, all parcels designated coastal agriculture in the LCp ~~~~~~~~~~~~~~ &a have an under,,&,g urban ,~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~
. ..A w.,y..y . . ..A. Y.%,v :k.:?.?~ . . . . . . .,.. _. x* t* CWS* .~ .A.. <Yt , 44 *a. :..s , *b,.:?>&b,. ?. p ~~~~. Conversions of coastal agriculture land permrtted by the Arty .::.. A.. :.:a 4< A. .<I a.. L.2 . ..A. :.,:a -,...:.:,.>:.. . ..< . ..A. &.>.A..&qy 111 conformance with either Option 1 or Option 2 #$@-a as set forth in . :.j~<.:.:+:. :;.:.~~.~<.~>~~.>.. Policy 2 shall be consistent with the land use desrgnatrons on Map Y ~@@@## :~~~~~~~~. :j~~~:~::~.:.~~~~:~:.:~:.:.:.j:~.:.:.:.~~~.:.:.:.:.~~ . . . . + . ..j..&&:,:* . . . . . . . <.: ..,,,. .
Conversions or parcels designated coastal agriculture that are requested for
uses other than the underlying land use designation on Map Y @.@#Q ‘.. .<..:&a x ~~~~~~~~ shall h subject to a LQ amendment TV dm ::~:j::::::j:~~.~::.:.:.:.:.~~.:.:~::~::.~.~.:.:.:.~:~... _ . . . . _ . . . y y ..~.~,~.~,ki~.~.~.~~.~ rr the C&y and the Coastal Commission to determine the consistency of
proposed urban uses with other applicable provisions of the LCP and the
Coastal Act.
In Section II of the Specific Plan, the following statement shall be added:
8.. :y:: y+~‘y .Y .y.... yy<>. .+..+.&A~+: x..
~~~~~~~~~~~~~~~~~~~~~~~~~~~~ . .._ c .A...,. ~.:~.~~~:.~~~~~~.~: , :.:.:.:.q+:.. :*, z ‘Y’.p.~*~fi~>.p. ~~~~:~.~..~,;...~.~~~~~.~~ 5 ’ ‘xu.~...::::::~:.:~.:~..:.~~~~:j..~:.~.~:::~.;.. ~~~~~~~~~~~~~~~~~~~~~~~~~
. . . . . . ,. ,. .: . . . . . . . . . :. . .: . :.:.:.:.xX&:.*.... . >... . . . s >.;, ‘.‘r:. ‘<p . f;. .:..j~.~;)#+..: ..A.. &p.$ <cx., ;+.: >
: . . . . . . . ..i...... &..+..:...:...: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ::: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
~~ .~~~~~~~~~~~~~~~~~~~~~~~~i~~
“,““. . . . . . . . . . . ..~~~~~.~.~~~....~..~ .:..$g >,:<.xv,.,.A+>.> .A .‘.. ..,j,..:.:~~.:,~..., . . . . ,. . . . r . ~~~~~~ .~~~,~~~.~.~~~~.~~.~,. . . ..:.,.~.,;..~.~.~~.~~~~.~:~j~
.~.:.~.~:.:.~.,~..,~.~~....~~~~j..~j~. .&xc . .&+.~& A.V
On page 18, under “Environmentally Sensitive Habitat Areas,” a new Policy
shall be added:
#3-7
Page 3
4. In section IV of the Specific Plan, the following provision shall be added:
.B. Mello II Segment Implementing Ordinances
5. Section 21.83.020 of the Coastal Agricultural Zone shall be amended as follows:
A. “Coastal Agricultural Lands” means those agricultural lands
identified on Map X attached to the Land Use Plan certified June 3,
1981. The following are the lands identified on Map X:
Site II
Site III
Site IV
Lusk
Bankers
Hunt (portion thereof)
377 approximate acres
275 approximate acres
109 approximate acres
93 approximate acres
27 approximate acres
200 approximate acres $cowHm: GORE . . ,.. v . . . yc<.., ..qy.,p,y >v .A,. ~~~~~~~~~ ‘. 2 x,.<+... A> . . . . . . A . . . , .., .X$ <
E. “Net impacted Agricultural Land” means for purposes of calculating
required mitigation acreage, the parcels and acreage designated on PM,. . p ,yA.y...y .:.v.v,+.<.:.:<+~ Map X ~~~~~~~~~~~~~ suitable for agricultural use . , ,.x..wwe.*> .t*<.,.< &. . ..>.&>. cd!?.< ! 6 minus the acreage m steep slopes (25% of greater) and areas
containing sensitive coastal resources that would preclude
development.”
6. Section 21.82.060, Subsection C of the Coastal Agricultural Zone shall be amended
as follows:
1. An applicant or group of applicants may complete an agricultural
feasibility analysis for one or any combination of the following study
areas: (1) all coastal agricultural lands in the LCP area; (2) individual
feasibility analyses for each of the four subunits in the LCP (refer to
Map x)
Page 4
Site II 377 approximate acres
Site III 275 approximate acres
Site IV 109 approximate acres
Lusk/Bankers Site 120 aptwoximate acres
or, (3) an individual study for the Hunt property may be submitted as
part of a submitted master plan for each of its subunits.
7. In Section VII of the Specific Plan, the following statement shall be added:
The Carlsbad Ranch Specific Plan is supplemental to the existing
certified Mello II Implementing Ordinances. All of the municipal code
provisions and implementing ordinances of the existing Mello II
Implementation Plan are applicable to the Carltas property.
8. Architectural Embellishment/Hotel Site. In Section IV of the Specific Plan
Design Guidelines, the following provision shall be added:
under
A single architectural accent feature, not to exceed 65 feet, may be
allowed for the hotel development as long as it is restricted in bulk to
no more than ~~~~~~ of the hotel’s overall roof surface. $y+.g$ i.. .% .:A:...>.. <it. pyq-;,“s’./.*~<<.. .q< ~~~~~~~~~~~~~~~~~ .. . . . ..A.. “““‘::“:. . . . . . . . . . . ..,..L ‘.<... . . . . . . . . . . . . . . . . . . 6. :.. ..a. .:,:.:.:,:,: (.:.:. ,. (..,. <s,x.: ..,..,. :.:.q..jp..:.. .,.~<~,, .. c P .**. Q .~,~~..~~~.~,..j,~~~~~ ~~~~~~~~~~~~~~~~~~
$#fgqp@@@ , k$.. .<:... .;,. : .&y*j&4 All other :.:x.x v.. n.,... ,. ,. . . . . . . . ..A < .A.... , )A >. . .)> . . . . ,.).j . . . . . . . . p.>..,,*,<, ,. .~~.~.~.~~~~~.j.~.~~,,.~j~.. developments wthm the wllage center shall not exceed 45 feet in
height, inclusive of architectural embellishments.
9. In Section IX of the Specific Plan, under Specific Plan Administrations, the following
statement shall be added:
Page 5
PROPOSED LOCAL COASTAL PLAN
LAND USES
PALOMAR AIRPORT RD
F-l OPEN SPACE TRAVEL/RECREATION
COMMERCIAL
I R REGIONAL COMMERCIAL I C COMMUNITY COMMERCIAL
I O/PI OFFICE/PLANNED INDUSTRIAL
EXHIBIT “B-2“
LOCAL COASTAL PROGRAM AMENDMENT 90-08(B)
AGUA HEDIONDA SEGMENT LAND USE PLAN TEXT CHANGE
Policy 2.2 The south shore agricultural lands shall be designated “Open Space”. This - shall be zoned “Exclusive ~~~~~~~~~~~ ~~~~~~~~~~ ._/..._...... : : : : : .‘... : :‘:‘:Y ~~~:~~~~~~~~~~~~~~~~~~~~~ . . . . . . . . . . . . . . . . . . . ) .: ‘.( . . . . :.:.:.: ):’ :.:.>):.:.):...> . . . . :-:.:.:.:.:.:.:.:.:,:.;:.:.:., : ..>::.:.:...:.:.:.:.~;:.:.:...:, : .: :.:.:.::.:.:.>:.::..: . . . . . ...> . . . . . . . ..._./... ,, ,,, ,_ ,__ . . . . .._.. .(,.,_,., /.,. ~~~~~~~~~~~...~~ the implementation phase of the plan,
Land Use - Meli0 II Chapter II-3
2. AGRICULTURE
Policy 2-l CONSERVATION OF AGRICULTURAL LANDS
(a) Basic Agricultural Policies
(1) Coastal Agriculture:
Consistent with the provisions of sections 30241 and 30242 of the Coastal Act,
it is the policy of the City to contribute to the preservation of the maximum
amount of prime agricultural land throughout the Coastal Zone by providing
for the balanced, orderly conversion of designated non-prime coastal
agricultural lands. Non-prime agricultural lands identified on Map X,
including the Z&97 ~~~~ acre Carltas Property, are designated Coastal
Agriculture and shall be permitted to convert to urban uses subject to the
agricultural mitigation or feasibility provisions set forth in the L.C.P. &@ .,. . . . . . . . . . . . . . . . . . . . . ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~:~:~,:,1:1:61:~:,,,~~~:~~~~~:~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I:~::i:i~~:.~:~~:~.~.~.~.~.~.:::~~~::~,~,~;::~~~,~;~.~.~~~.~~”’~~‘~~~~~~’ ,(... . . . ..I . . _.......... . 2ij~~~~~~~~~~~~~~~~~~~~~~~~~~~ I ..,.
::::::::.:::::::.:::::.., ..:.:.:.:.:.:.:.):f.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.~~~~.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.~:.:.~~:.:.~:.:.:.:.:.:.:.:.:.:.:., __ :.:.:.:.:... _...... :.~.~~.~.~,~.~.~,~,:,:,~f.~.~.~ .:,:. :.~,:.:.:.:.:.:.:,:.~,~,:f,:,~.~.~ .:.:. :.:.:.: .:.:.;. ~:.:.:.:.:.:,:.:.:.:L .+:.~.:.:,:.~,:,:.i;:.,.~.,,,.~,~.~.~.~.~ ,:,>:.>x .:,:. >:,:‘,+:,:. f
(2) Conversion of Coastal Agriculture:
Conversion of designated coastal agricultural lands shall be permitted
provided that: a) conversion would preserve prime agricultural lands within
the statewide coastal zone consistent with sections 30241 and 30242 or
concentrate new development consistent with Section 30250 of the Coastal
Act; or b) continued or renewed agricultural use is not feasible.
(3) Conversion Options:
Conversion of non-prime coastal agricultural lands shall be permitted pursuant
to either option 1 - Mitigation, Option 2 - Feasibility Analysis or Gption 3 -
Conversion Fee as set forth below in this policy. Consistent with Section
30242 of the Act, no feasibility analysis shall be required if a landowner
selects Option 1 or Option 3.
Lnd UK - Mello II
L
di
b
I
,-. : - -. -- .-
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:- : - . -. ZL ; f: I- -- ‘, .-2 -e \ -- d .-2 q
=. -.
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ExhiSit 3.3 - Map X
City of Car&bad 96 Loccai Coarrcl Program
a-?”
. .,.
s Y 3
t
LOCAL COASTAL PROGRAM
LAND USE - MELLO II SEGMENT
(PORTION OF MAP X)
Land Use - Mel0 II Chapter II-3
Option 1 - Mitigation (Prime Land Exchange)
Non-prime coastal agricultural lands shall be converted to urban use consistent with the
Carlsbad General Plan if, prior to approval of a subdivision map, a mitigation program is
in effect that permanently preserves one acre of prime agricultural land within the statewide Coastal Zone for each acre of net impacted agricultural land in the LCP that is converted.
For purposes of calculating required mitigation acreage, net impacted agricultural lands are
the parcels and acreages designated on Map X and the 3n @$@# acre Carltas Property :.:.:.:.:.~:.:.:.:~.:::::::::::: and areas containing sensitive coastal resources that would preclude developments.
The standards and procedures for such a mitigation program shall be set forth in LCP
implementing ordinances. Recipients of prime agricultural land interests pursuant to this
policy shall be limited to:
a) local or state agencies; or,
9 tax exempt organ&&ions whose principal charitable purposes are consistent
with the agricultural mitigation program and qualify under Section 501(c)(3)
of the U.S. Internal Revenue Code. Further, mitigation priority shall be given
to preserving prime agricultural lands in the coastal zones of counties selected
by the State Coastal Conservancy for pilot programs funding, and other
counties with similarly qualified programs.
Option 2 - Determination of Aericultural Feasibilie
If the feasibility of continued agriculture is questionable, either the City or involved
landowners may complete an agricultural feasibility study for: a) all coastal agricultural
lands in the LCP; b) 3 or 4 subareas (See Exhibit 3.3, Page 69) which constitute logical
subunits; or, c) contiguous landholdings in a single ownership of at least 100 acres. If
Option 2 is selected, that portion of the study area determined to be feasible for continued
agriculture, if any, may be converted upon request of the landowner to urban use subject
to compliance with the provisions of Option 1 above. -I-hat portion of the study area
determined not to be feasible for continued agriculture could be converted only after: a)
the City approves the feasibility study; b) an LCP amendment is prepared and submitted to
the Coastal Commission that provides for the conversion; and c) the Coastal Commission
certifies the LCP amendment as to its conformance with the Coastal Act.
Option 3 - Aericultural Conversion Mitieation Fee
In lieu of the procedures established by the above options, property may be converted to
urban uses upon payment of an Agricultural Conversion Mitigation Fee. The amount of the
fee shall be determined by the City Council at the time it considers a coastal development
permit for urban development of the property. The fee shall not be- less than five thousand
dollars nor more than ten thousand dollars per net converted acre of agricultural land and
shall reflect the approximate cost of preserving prime agricultural land pursuant to the off-
site mitigation program (Option 1). The fees shall be paid prior to the issuance of building
permits for the project. All mitigation fees collected under this section shall be deposited 9’
Land Use - MeuO II Chavter II-3
in the state Coastal Conservancy Fund and shall be expended by the State Coastal
Conservancy in the following order of priority:
a) Restoration of natural resources and wildlife habitat in Batiquitos Lagoon,
including but not limited to, payment for operation by maintenance of a
lagoon enhancement program.
9 Development of an interpretive center at Buena Vista Lagoon.
4 Restoration of beaches managed for public use in the coastal zone in the City
of Carlsbad.
4 Purchase of agricultural lands for continued agricultural production within the
Carlsbad Coastal Zone as determined by the Carlsbad City Council.
e) Agricultural improvements which will aid in continuation of agricultural
production within the Carlsbad Coastal Zone as determined by the Carlsbad
City Council.
For purposes of implementation, neither Option 1 nor Option 2 nor Option 3 shall have
priority over the other.
(4) Underlying Urban Designations of Coastal:
To maximize and expedite the preservation of prime agricultural lands
throughout the state coastal zone, all parcels designated coastal agriculture
(See Exhibit 3.3, Page 69, and Table 5.1) in the LCP including the ?D
~~~~ acre Carltas property shall have an underlying urban land use
designation as identified on Map Y, and the Carlsbad Ranch Specific Plan.
Conversions of coastal agriculture land permitted by the City in conformance
with either Option 1 or Option 2 or Option 3 as set forth in Policy 2 shall be
consistent with the land use designations on Map Y and the Carlsbad Ranch
specific Plan.
(5) Conversions of Coastal Agriculture Inconsistent with Underlying Urban
Designations:
Conversions of parcels designated coastal agriculture that are requested for
uses other than the underlying land use designation on Map Y and the
Carlsbad Ranch Specific Plan shall be subject to an LCP amendment to allow
the City and Coastal Commission to determine the consistency of proposed
urban uses with other applicable provisions of the LCP and the Coastal Act.
(b) Designated Coastal Agricultural Lands
“Designated Coastal Agricultural Lands” are those agricultural lands identified
on Map X (See Exhibit 3.3, Page 69) attached to the Land Use Plan certified 8% >
Land Use - Meib II Chapter II-3
on October 24,1985. The following are the lands identified on Map X (See
Exhibit 3.3, Page 69):
Approximate Acres
Site II 377
Site III 275
Site IV 109
Lusk 93
Bankers 27
Hunt (Mello I LCP Segment) 200
~ ~~~~
TOTAL: ~~~
M=
(c) Permitted Uses on Designated Coastal Agricultural Lands
The land uses described below shall apply to any designated coastal
agricultural land which has m been approved for development.
(1) On any Class I through Class IV Agricultural Lands:(See Exhibit 4.2,
Page 63) the following uses only are permitted:
9
b) 4 d) e) 9
s)
Cattle, sheep, goats and swine production, provided that the
number of any one or combination of said animals shall not
exceed one animal per half acre of lot area. Structures for
containing animals shall not be located within fifty feet of any
habitable structure on the same parcel, nor within three
hundred feet of an adjoining parcel zoned for residential uses.
Crop production.
Floriculture.
Horses, private use.
Nursery crop production.
Poultry, rabbits, chinchillas, hamsters and other small animals,
provided not more than twenty-tie of any one or combination
thereof shall be kept within fifty feet of any habitable structure,
nor within three hundred feet of an adjoining parcel zoned for
residential uses.
Roadside stands for display and sale of products produced on
the same premises, with a floor area not exceeding two hundred
square feet, and located not nearer than twenty feet to any
street or highway.
Land Use - Meib II Chapter II-3
h)
0
i)
k)
1)
Tree farms.
Truck farms.
Wildlife refuges and game preserves.
Other uses or enterprises similar to the above customarily
carried on in the field of general agriculture including accessory
uses such as silos, tank houses, shops, barns, offices, coops,
stables, corrals, and similar uses required for the conduct of the
uses above.
One single family dwelling per existing legal building parcel.
(2) On any Class V through VIII Agricultural Lands (See Exhibit 4.2, Page
63) the following uses only are permitted:
al
9
C)
d)
e)
All of the permitted uses listed above.
Hay and feed stores.
Nurseries, retail and wholesale.
Packing sheds, processing plants and commercial outlets for
farm crops, provided that such activities are not located within
100 feet of any lot line.
Greenhouses, provided all requirements for yard setbacks and
height as specified in Chapter 21.07 of the Code are met.
POLICY 2-2 LCPA 9068 CARLSBAD RANCH SPECIFIC PLAN “MIXED-USE”
DEVELOPMENT
This policy provides conditional development standards for the area of approximately
423 acres north of Palomar Airport Road, east of Paseo de1 Norte, and east of Car
Country Drive (See Exhibit 4.3, Page 93). All such lands owned either by Carltas or
Ecke or their successors in interest shall be permitted, pursuant to approval of a
Specific Plan to convert certain agricultural lands to residential and/or non-residential
(including tourist-serving commercial) development as a means of providing
supplementary uses which will assist in the retention of agricultural and public
recreation uses on the remaining portions of these parcels. It should be noted that
residential uses are possible only where they do not conflict with the Airport
influence Area and where they are compatible with adjacent uses.
(a) Basic Permitted Uses on Existing Legal Parcels. Where each existing legal
parcel as of July 14,1987, (See Exhibit 4.3, Page 93) is developed individually,
permitted uses shall be those described above in Policy 2-l C Permitted Uses
on Desianated Coastal Agricultural Lana.
(b) Uses Conditionally Permissible Pursuant to the DeveloDment of the Entire Area Subject to a Snecific Plan.
(1) Consistent with the Carlsbad General Plan residential, commercial
(including tourist setig commercial), and other non-residential uses
may be developed on up to 92.6 acres of the approximately 423 acre 3-8 L,
Land Use - MeUo II Chapter II-3
(2)
(3)
(4)
(9
(6)
(7)
(8)
site subject to a Specific Plan for the entire site. Development of land
within the Agricultural Preserve will be subject to the provisions of the
Williamson Act and specifically the Land Conservation Contract in
effect at the time of development. ~~~~~~~~~ . . . . . . . . . . . . n.... :.:.:.q<.: .x,.t .~ .:.: i” :......,. . . . . . ..__.. ‘.,. *. ~~~~~~~~~~~~~~~~ ._.,_... ,, ..A . . . . . . . . . . . 2 . . . . y.7.v . ._ ~ . . . . . . . . ,.yq . . . . $..< ..)‘,’ ~<.g<.<.c.. A.. .~t.~~.~.~~.~~~*~~,.~~;. ~~~~~~~~~~~~~~~ : ..i... . . . . ..i _L........ . . . . . . . . . . ..C. <,.I., ,., . ..-. ~~~~~~~~~~~~~~~ :.~.~.:.~.~.:.:.~.~~z.~.. ik:::::$:::::::::$$. . .,., ,, . . . . . . . . . . . . . . . : “’ ..,.~::‘.~.., _ ,W.. ::.. . ..~..-~~~~~~~~~~~~:~:::~~~::~~:~~:~~~:~:~~~:::.~~~:~:~~;:~~~:~~~::~:~~::~;:;~~~::::~::::::~:::::~ *., ,y*
Development shall be clustered along Palomar Airport Road, Paseo
de1 Norte, and Cannon Road and clustered on the first major ridge
area as designated on Exhibit 4.3A.
Any amendment to the location of the developable area shall be
required to prove that the new area for development is not more
suitable for agriculture than the previously developable area. The
intent of this requirement is to cluster development on lands least
suitable for agriculture.
All remaining lands as shown on Exhibit m
shall as a condition of the Specific Plan be preserved in agriculture
and/or public recreation for as long as feasible. Feasibility shall be
determined for the entire area covered by this restriction. Further,
feasibility shall be subject to the requirements of the Mello II Coastal
Agricultural Overlay Zone Section 21.82.060(c).
Pursuant to Section 51257 of the Government Code, the boundaries of
the lands designated for agriculture may be amended.
Item No. 6 on page 8 of Exhibit “C” which deals with the amendment
to the Local Coastal Plan was revised by CCC action to read as
follows:
As an interim step (prior to a complete Specific Plan) up to a 35 acre
portion of the 137 acres of developable land located adjacent and
easterly to Phase I of Carlsbad Car Country may be developed as a
Phase II expansion of Carlsbad Car Country pursuant to a Specific
Plan.
The 92.6 acres of developable land ;yrl
includes the remaining developable portion of the original 482 acre site
(See Exhibit 4.3A) that has not been developed.
The Specific Plan shall provide a mix, location and intensity of land
uses that are compatible with and will not adversely impact the long
term viability of agricultural and/or public recreation uses.
Land Use - MeUo II Chapter II-3
(9)
(10)
(11)
(14
(13)
(14)
(15)
(16)
All development shall include special treatment buffers either through
design or through physical barriers that stabilixe the urban-agricultural
boundaries and limit to a level of insignificance agricultural impacts on
the urban uses.
All tenants of developable portions of the site shall be notified as to
the requirements of the Specific Plans and agricultural uses on the
designated land.
In implementing the Specific Plan all land owners and tenants within
the 423 acre site shall waive any right to file nuisance claims against
normal agricultural operations.
All development shall be located so as to not interfere with normal
agricultural operations including but not limited to cultivation,
irrigation, and spraying.
As a condition of approval of either the Specific Plan or the Specific
Plan for the Phase II expansion of Carlsbad Car Country, whichever
occurs first, the property owners (Carltas and/or Ecke or their successors in interest) shall record a deed restriction endorsed by the
Coastal Commission or it successor in interest and the City of Carlsbad
that the agricultural land identified on Exhibit 4.3 are designated for
Agricultural uses and any modification of use shall require a LCP
amendment. As a condition to any amendment to the developable
area, the property owner shall execute an amendment to the deed
restriction reflecting the modification to restricted and unrestricted
lands.
It is recognized that roads can function as buffers between dissimilar
land uses as well as providing access to uses. Therefore, roads may be
located entirely or partially or not at all within areas designated for
agricultural use. The decision to include or exclude (either partially or
entirely) roads shall be a condition of the coastal development permit
that includes the construction of the road.
In order to tie the eastern and western agricultural areas together the
proposed north/south road shall incorporate a grade separation at its northerly portion. The grade separation shall be of sufficient
dimensions to allow farm vehicles and equipment to move freely
between the east and w
Concurrent with the construction of the proposed north/south road the
developer shall grade area Y as shown on Exhibit “A”, subject to the
satisfaction of the Planning Director so as to create an area level
enough to allow the same type of agriculture that occurs westerly of Plc\
Land Use - iMel% II ChDtM II-3
(17)
(18)
(19)
(20)
(21)
(24
(3
(24)
the west ridge to continue around the ridge on the south facing slopes
of said ridge. In order to ensure agricultural viability the developer
shall amend the soils after grading the area to be equivalent to the
existing Class III Marina soils in capability.
All structures to be located in the future developable area shall be
setback a minimum of 58 ## feet from the adjacent area designated for
agriculture.
A solid wall or fence shall be installed around the entire perimeter of
the developable area. The wall (Fence) shall be a minimum 6 feet in
height and shall be incorporated into the grading where feasible. The
intent of this measure is to provide a physical barrier between
agricultural and urban uses. The wall or fence shall function to both
restrict uncontrolled access into agricultural areas and to reduce drift
of dust and spray materials into urban areas. The perimeter wall or
fence shall be constructed concurrent with development of the
property, except that, if the road is built in one phase, which would
open the access through the agricultural lands, an appropriate barrier
shall be incorporated along the roadway. Alternative forms of barriers
may be considered provided they satisfy the intent of this measure.
Windbreaks (landscaped) shall be installed on the developable portions
to aid in reducing the effects of farm spraying and dust generation.
Landscape plant material in the developable area shall be selected for
resistance to pests, particularly aphids, thrips, white fly and spider
mites. Landscape plantings shall be inspected routinely for presence
of pests and treated as required to control them. All pests shall be
eliminated by means that do not adversely impact agricultural crops.
Landscaping with herbaceous plantings shall be discouraged, since they
are likely to be hosts of the pests likely to invade the farm crops.
Drainage water from buildings, streets, parking areas and landscape in
the development shall be disposed of through storm drains or
otherwise in a manner that will avoid any runoff onto farming areas
whether planted or fallow.
If development of the proposed developable portion impacts water
rates on the agricultural land then the developer shall subsidize the
water rates to the extent that they equal farm water rates.
The developer shall notify in a manner satisfactory to the City
Attorney all tenants/users of this proposed developable portion that the
area is subject to dust pesticides, and odors associated with adjacent
farm operations and that the tenants/users occupy the area at their
Land Use - MeUo II Chapter II-3
(26)
own risk.
The cost of the above mitigation measures shall be borne by the
developer and shall not be passed on to the agricultural operators
(existing or future). For all agricultural land that Carltas or its
successor in interest chooses not to farm on a yearly basis, a
reasonable effort shall be made to offer the agricultural land for lease
or rent at a value equal to or less than the average prevailing market
rents for similarly situated Coastal agricultural land found within a 30
mile radius of the Carltas property.
As part of a farm operator’s lease, there shall be a requirement to
keep dirt roads watered regularly to minimize dust impacts on crops
as well as on adjacent non-agricultural uses.
Implementation - Meilb II ChuDter III-3
Sections:
21.202.010
21.202.020
21.202.030
21.202.040
21.202.050
21.202.055
21.202.060
21.202.070
21.202.075
21.202.080
21.202.090
ATI’ACHMENT 1
Chapter 21.202
COASTAL, AGRICULTURE OVERLAY ZONE
Intent and Purpose
DdiDitiOnS
Development of Coastal Agricultural Land
Permits Required
Permitted Uses on Agricultural Lands
Lot and Yard Standards - Agricultural Lands
Development of Coastal Agricultural Land
Findings Required Before Conversion to Urban Areas
Development on Coastal Agricultural Lands Not Consistent with
Underlying Land Use Designation
Proximity of Urban Development to Existing Developed Areas
Review by Planning Commission
21.202.010 Intent and Purpose
The Coastal Agriculture Overlay (CA) Zone is established to implement Sections 30170 (f),
30171,30241,30242 and 30250 of the California Coastal Act and the Local Coastal Program
Land Use Plan certified on June 1981. This zone recognizes agriculture as a priority use
under the Coastal Act and protects that use by establishing mechanisms to assure the
continued and renewed agricultural use of agricultural lands. The local coastal program
recognizes that long term agriculture may not be feasible and establishes agriculture as an
interim use. Therefore, this zone allows urban development of such lands if specific findings
are made or mitigation measures are undertaken. The Coastal Agriculture Zone is an
overlay zone; no use shall be allowed on any property zoned coastal agriculture unless such
use complies with the provisions of this chapter and with the provisions of any other
chapters of this title which are applicable to the property.
21.202.020 Definitions
For the purposes of this zone, terms used herein are defined as follows:
A. Coastal Amicultural Lands: Means those agricultural lands identified on Map X
attached to the Land Use Plan certified on September 1980. The following are the
lands identified on Map XI
Implementation - Mdo II Chapter III-3
Approximate Acres
Site II 377
Site III 275
Site IV 109
Lusk 93
Bankers 27
Hunt 200
Carltas 29s z@ggi@ ..: . . . . . . . . . . . . . . . . . . ...! . . . . .
B. Class I-IV Agricultural Land: Means all land which qualifies for rating as Class I
through Class IV in the U.S. Department of Agriculture Soil Conservation Service
Land Use Compatibility Classification.
C. Class V-VIII Aericultural Land: Means all land which qualified for rating as Class
V through Class VIII in the U.S. Department of Agriculture Soil Conservation
Service Land Use Compatibility Classification.
D. Land Division: Means the creation of any new property line whether by subdivision
or other means.
E. Net Imnacted Anricultural Land: Means for purposes of calculating required
mitigation acreage, the parcels and acreages designated on Map X and the ?9# :+’ M acre Carltas nroner@ suitable for agricultural use minus the acreage in steep : : ;:;i:. . . ..i .._.. .i . . . . ..i... .,... slopes (25% or greater) and areas containing sensitive coastal resources that would . . preclu,-e development ~~~~~~~~~~~~~~~~~ . . ..A I. . . . . . ..A...,.%. ‘.‘.‘.~.“‘.~.‘.~.‘.‘.‘.:.:.~~:~::::::~:~.:.:.:.:~.:.:~~:~.~:~~:. * . . . . . . ...>. ::.... +....‘.,...,.,,_.,.~..._.,.........,.......... ,<$$:<,.ya, . ../.A.‘.... L $ ~:~~~~~~~~~~~~~~~~ .v.. . ,. A. A. ,. i..... . . >. I ,. . ,. . . ..~.~.....~A~ .,.~~.:.:.:.):.:*):.:.l:.: .,.... ~.. ~ ..,.,..._ ...i.,.... :,;:.:.:.:.::c.:.: I./,Y,.....,.,Y,. . . . .,.,. .i,.....,.,
.::::::::;:.::..: .‘- .Z’.‘.’ . . . . . . . . . .,:.“,..:.:...:.~.....:.:,~.:.~,~.:.~.~...~.~.:.:.:,.~~~~. .,.,,_ : 9. ..cy.y&.+:.:> . . . . . . ..,...... <.:.:.;...
F. Underlvinn Land Use Designation: Means those urban uses which are consistent with
the urban land use designation established by the Carlsbad General Plan and the
Local Coastal Program Land Use Plan, which agricultural lands may be converted in
conformance with this chapter.
G. Urban Uses: Means any use other than a use permitted by Section 21.202.050
including any use necessary or convenient to urban use.
21.202.030 Urban Development of Coastal Agricultural Land
Coastal agricultural land may be converted from agricultural use and developed for urban
use in compliance with the procedures of this chapter.
21.202.040 Permits Required
No development, including but not limited to land divisions, as defmed in Section 21.04.108
Implementation - Mello II Chapter III-3
of this Code shall occur without a Coastal Development Permit having first been issued
pursuant to Chapter 21.201 of this Code. A master plan or a planned development permit
processed according to Section 21.202.060 shall be considered a coastal permit if also
processed in compliance with Chapter 21.201.
21.202.050 Permitted Uses on Agricultural Lands
The provisions of this section shall apply to any coastal agricultural land which has not been
approved for development pursuant to this chapter.
A. On any Class I through Class IV Agricultural Land the following uses only are
permitted:
1. Cattle, sheep, goats and swine production, provided that the number of any
one or combination of said animals shall not exceed one animal per half acre
of lot area. Structures for containing animals shall not be located within fifty
feet of any habitable structure on the same parcel, nor within three hundred
feet of an adjoining parcel zoned for residential uses.
2. Crop production.
3. Ploriculture.
4. Horses, private use.
5. Nursery crop production.
6. Poultry, rabbits, chinchillas, hamsters and other small animals, provided not
more than twenty five of any one or combination thereof shall be kept within
fifty feet of any habitable structure, or within three hundred feet of an
adjoining parcel zoned for residential uses.
7. Roadside stands for display and sale of products produced on the same
premises, with a floor area not exceeding two hundred square feet, and
located not nearer than twenty feet to any street or highway.
8. Tree farms.
9. Truck farms.
10. Wildlife refuges and game preserves.
11. Other uses or enterprises similar to the above customarily carried on in the
Implementation - MeUo II Chavter III-3
field of general agriculture including accessory uses such as silos, tank houses, shops, barns, offices, coops, stables, corrals, and similar uses required for the
conduct of the uses above.
12. One single family dwelling per existing legal building parcel.
B. On any Class V through VIII Agricultural Land the following uses only are
permitted:
1. All of the permitted uses listed above.
2. Hay and feed stores.
3. Nurseries, retail and wholesale.
4. Packing sheds, processing plants and commercial outlets for farm crops,
provided that such activities are not located within 100 feet of any lot line.
5. Greenhouses, provided all requirements for yard setbacks and height as
specified in Chapter 21.07 of this Code are met.
21.202.055 Lot and Yard Standards - Agricultural Lands
The provisions of this section shall apply to any coastal agricultural land which has not been
approved for development pursuant to this chapter.
1. The minimum required lot area of any newly created lot shall not be less than ten
acres unless the City Council finds that smaller parcel sizes will not adversely affect
the agricultural use of the property.
2. Every newly created lot shall have a minimum width of the rear line of the required
front yard of not less than three hundred feet.
3. Every lot shall have a required front yard of forty feet. Except as otherwise provided
in Section 21.202.050 no building or structure shall be located on the required front
yard.
4. Every lot and building site shall have a side yard on each side of the lot or building
site not less than fifteen feet in width unless otherwise permitted by Section
21.202.050.
5. Every lot and building site shall have a rear yard of not less than twenty five feet
unless othenvise permitted by Section 21202.050.
Implementation - Mello II Chapter III-3
6. No building or structure shall exceed thirty five feet in height.
7. Buildings and structures shall not cover more than forty percent of a lot.
8. AU residential structures shall conform to the provisions of Section 21.07.120 of this
Code.
21.202.060 Development of Coastal Agricultural Land
Coastal agricultural lands may be converted from agricultural to urban uses pursuant to the
following procedures:
A. Zoning approvals:
1. For property over 100 acres in area a master plan shall be submitted and
processed according to the provisions of Chapter 21.38 of this Code. The uses
permitted pursuant to the master plan shall be those permitted by the
provisions of the Carlsbad General Plan and certified Local Coastal Program
in effect at the time the application is submitted.
2. For property less than 100 acres in area, a planned development permit shall
be submitted and processed pursuant to Chapter 21.45 or 21.47 of this Code,
whichever is applicable. The uses ‘permitted pursuant to the planned
development permit and the development standards shall be as follows:
Land Designation on Carlsbad
General Plan
Permitted Uses and
Development Standards
Residential Low Density R-l 40000
Residential Low Medium Density R-l 10000
Residential Medium Density RD-M
Residential Medium to High Density RD-M
Planned Industrial P-M
(Map Y of the Certified Local Coastal Program shows existing
permitted land use categories)
B. Development permitted based upon mitigation of lands zoned coastal agricultural.
A master plan or planned development permit for urban development of lands zoned
coastal agriculture shall, in addition to complying with all aspects of the City’s
General Plan, shall include the following items:
Implementation - Mdlo II Chapter III-3
1.
2.
An enforceable, non-revocable commitment by the property owner to preserve
permanently one acre of prime agricultural land within the California Coastal
Zone for each net impacted acre of non-prime coastal agricultural land in the
Local Coastal Program proposed for development. The preserved land shall
be located in an area selected by the State Coastal Conservancy and approved
by the City Council. This enforceable commitment shall require, prior to
issuance of a building permit, the permanent transfer or dedication of interest
in the prime agricultural land to a grantee that is a local or state agency, or
a tax exempt organization qualifying under Section 501(c)(3) of the U.S.
Internal Revenue Code. Grantees also shall be limited to organizations and
agencies whose principal purposes are consistent with the preservation of
agriculture.
The following documentation pertaining to the prime agricultural land outside
the Local Coastal Program that is being permanently preserved:
a. Parties. Identification of the grantor and grantee (i.e. property owner,
and government agency or tax exempt organization having a letter
determination from the IRS documenting qualification per Section
501(c)(3) of the Internal Revenue Code).
b. Lena1 Descrintion. A legal description of the prime agricultural lands
being preserved.
C. Tvpe and Pumosc of Easement. A clear statement defining the type
and purpose of the easement or other form of property interest being
used to protect prime agriculture. Acceptable interests include, but
shall not be limited to, conservation easements, transfers in trust,
common law easements, open space easements, restrictive covenants,
equitable servitudes, fee ownership or any other permanent restriction
approved by the City Council.
d. Statement of Intent. A statement of intent by the grantor shall be
submitted declaring an intent to protect agriculturaI land through the
creation of easements or other interests running with the property, and
a declaration of intent by the grantee to honor such grantor intent in
perpet-u%
e. Documentation. Maps, reports, aerial photographs shall be
incorporated into the easement showing evidence of the agricultural
lands that grantor and grantee intend to preserve.
Iwlementation - Melh II ChaDter III-3
E Rinhts. Restrictions, Permitted Uses and Reservations. Grantee shall
demonstrate the necessary authority to monitor and enforce
compliance with terms of the agreement as the trustee or guardian.
Restrictions shall prescribe all reasonable foreseeable activities that
could be potentially harmful to conservation values.
Executors Limitation. Provisions for forfeiture of the easement or
interest by the grantee to another qualified organization should the
grantee fail to maintain the land for agricultural use shall be included.
h. Asknment. Grantee shall agree to hold easements or interests for
conservation purposes and guarantee that he will not transfer the
easement except to an organization qualified to hold such interests
under the relevant California and Federal laws and the terms of this
section.
i. Habendum Clause. The interest in property shall inure to the benefit
of the grantee. All restrictions shall bind all subsequent purchasers or
title holders of the restricted land and shall continue as a servitude
running with the land in perpetuity.
3. Prior to building permit issuance, the property owner shall present to the City
Manager proof of dedication by grantor and acceptance by grantee of an
appropriate interest in prime agricultural lands pursuant to subsection b.2.
C. Urban development of lands shown to be not feasible for continued or renewed
agricultural use. In lieu of the procedures established by subsection b. or subsection
d. property owners may complete an agricultural feasibility study prior to conversion
of lands designated coastal agriculture. The purpose of the feasibility study shall be
to determine, consistent with Section 30242 of the Coastal Act, if continued or
renewed agriculture is feasible on the subject property.
1. An applicant or group of applicants may complete an agricultural feasibility
anaIysis for one or any combination of the following study areas: (1) all
coastal agricultural lands in the Local Coastal Program area; (2) individual
feasibility analyses for each of four subunits in the Local Coastal Program
(refer to Map X);
Approximate Acres
Site II
Site III
Site IV
Lusk/Bankers Site
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275
109
120
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Implementation - Mdo tZ Chapter III-3
Carltas Site a!J? . . .
(3) an individual study for the Hunt property may be submitted as part of a
submitted master plan for each of its subunits, or (4) feasibility studies may
be submitted for contiguous land holdings of 100 acres or more in single
ownership.
2. Feasibility studies submitted for the purpose of determining the viability of
continued or renewed agriculture on coastal agricultural parcel(s) shall
provide the following:
a. Description of the farm unit under study including discussions of land
capabilities, crop patterns, and minimum economic farm size.
b. Investment cost analysis including cost of land for agricultural
Purposes*
C. Farm unit cash flow analysis (production costs, income, etc.).
d. Tax considerations relative to feasibility.
e. Implications of future trends in water cost and availability, land and
labor costs, and market competition.
3. Upon completion, the agricultural study shall be submitted to the City for
review and approval concurrent with the filing of a master plan or planned
development permit.
a. If the study finds that continued or renewed agriculture is feasible, the
property owner has the choice of: (1) maintaining agricultural uses; or
(2) proceeding with conversion and mitigation pursuant to the
procedures set forth in subsection b. of this section.
b. If the feasibility study finds that continued or renewed agriculture is
not feasible and City Council concurs, the City shall review the
submitted master plan or planned development permit on its merits
and for consistency with the other provisions of this Code and the
Local Coastal Program. If City Council determines that the
development is in conformance with all provisions of the Code and the
Local Coastal Program, it may be approved without mitigation for
conversion of agriculturaI land. The approved feasibility study and
master plan or planned development permit approved by the City shall
be prepared as a Local Coastal Program amendment and submitted to
Implementation - MeUo II Chapter III-3
D.
the Coastal Commission for certification. The master plan, planned
development permit or coastal permit shall not be final unless the
Local Coastal Program amendment is approved by the Coastal
Commission.
Agricultural conversion mitigation fee. In lieu of the procedures established by
subsection b. or subsection c., property may be converted to urban uses upon
payment of an Agricultural Conversion Mitigation Fee. The amount of the fee shall
be determined by the City Council at the time it considers a Coastal Development
permit for urban development of the property. The fee shall not be less than five
thousand dollars nor more than ten thousand dollars per net converted acre of
agricultural land and shall reflect the approximate cost of preserving prime
agricultural land pursuant to subsection b. The fees shall be paid prior to the
issuance of building permits for the project. All mitigation fees collected under this
section shall be deposited in the State Coastal Conservancy Fund and shall be expended by the State Coastal Conservancy in the following order of priority:
1. Restoration of natural resources and wildlife habitat in Batiquitos Lagoon
including but not limited to, continued funding of any maintenance, operation
or enhancement costs necessary to implement any lagoon enhancement
program approved by the City Council.
2. Development of an interpretive center at Buena Vista Lagoon.
3. Restoration of beaches managed for public use in the coastal zone in the City
of Carlsbad.
4. Any other project or activity benefiting natural or agricultural resources in the
coastal zone in the City of Carlsbad that is provided for in the certified Local
Coastal Program.
21.202.070 Findings Required Before Conversion to Urban Uses
A. Where a property owner has agreed to preserve prime agricultural land elsewhere in
the state coastal zone pursuant to Section 21.202.060 then the City Council prior to
approval of a master plan or planned development permit must find that:
1. The conversion would preserve prime agricultural land in a manner consistent
with Section 30242 of the Public Resources Code, the certified Local Coastal
Plan and this chapter.
Implementation - Mello n Chapter III-3
2. The master plan or planned development permit is consistent with the
certified Local Coastal Program.
3. Conversion would concentrate urban development consistent with Section
30250 in areas able to accommodate it, and within or adjacent to developed
areas.
4. Conversion would be compatible with continued agriculture on adjacent
agricultural lands.
5. Consistent with the certified Local Coastal Program and Section 30241 of the
Coastal Act, conversion would contribute to limiting conversions of prime
agricultural land and create stable urban/rural boundaries within prime
agricultural lands located elsewhere in the coastal zone.
B. Where a property owner has elected to complete an agricultural feasibility analysis,
and the property owner and City agree, based on that analysis, that continued or
renewed agriculture is not feasible on the subject lands, and a City Council approved
feasibility analysis and master plan/planned development permit must incorporate
City findings declaring that:
1. Continued or renewed agriculture is not feasible on the subject parcel(s) and,
consistent with Section 30242 of the Coastal Act, conversion of the parcels
designated coastal agriculture in the Land Use Plan shall not require the
preservation of prime agricultural lands elsewhere in the coastal zone.
2. Development permitted is consistent with the certified Local Coastal Program.
3. Permitted development is compatible with continued agriculture on adjacent
agricultural lands.
C. Where a property owner has agreed to pay an agricultural conversion mitigation fee
pursuant to Section 21.202.060 then the City Council prior to approval of a master
plan or planned development permit must find that:
1. The master plan or planned development permit is consistent with the
certified Local Coastal Program.
2. Conversion would be compatible with continued agriculture on adjacent
agricultural lands.
3. The property owner has executed an agreement to pay the fee and the
agreement has been approved by the City Council.
Implementation - Mello II ChaDter III-3
21.202.075 Development on Coastal Agricultural Lands Not Consistent With
Underlying Land Use Designation
Conversions of coastal agricultural lands to urban uses other than those underlying land use
designations which may be permitted pursuant to the procedures and Endings set forth in
Sections 21.202.040 and 21.202.070 relative to the preparation and submission of a Local
Coastal Program amendment for Coastal Commission certification. Uses other than those
underlying land uses shall require an amendment to the Local Coastal Program.
21.202.080 Proximity of Urban Development to Existing Development Areas
Urban development of agricultural lands shall be located:
1. Contiguous with or in close proximity to existing developed areas;
2. In areas with adequate public facilities and services;
3. Where it will not have significant adverse effects, either individually or cumulatively,
on coastal resources.
21.202.090 Review by Planning Commission
Applications for conversions from agricultural to urban use shall be reviewed by the
Planning Commission in the same manner as applications for zone changes under Chapters
21.52 and 21.54 of this Code.
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PLANNING COMMISSION RESOLUTION NO. 3847
A RESOLUTION OF THE PLANNIN G COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF A ZONE CHANGE
FROM O-Q/P-M-Q, C-2-Q/O-Q/P-M-Q, C-T-Q/C-2-Q, C-2-Q,
P-M, E-A, OS AND P-U TO O-Q/P-M-Q, C-T-Q/C-2-Q, C-2-
Q, C-T-Q, AND OS ON PROPERTY GENERALLY
LOCATED NORTH OF PALOMAR AIRPORT ROAD,
SOUTH OFTHE FUTURE CANNON ROAD EXTENSION,
EXCEPTING APPROXIMATELY 24.2 ACRES LOCATED
ON THE NORTH SIDE OF CANNON ROAD, EAST OF
PASEO DEL NORTE AND WEST OF LOCAL FACILITY
MANAGEMENT ZONES 5 AND 8.
CASE NAME: CARLSBAD RANCHILEGOLAND
SPECIFIC PLAN AMENDMENT
CASE NO: ZC 94-02
WHEREAS, Carltas Company has filed a verified application for certain
property, to wit:
A portion of lots “G” and “II” of Ranch0 Agua Hedionda, in the
City of Carisbad, County of San Diego, State of California,
according to the Map thereof No. 823, filed in the OfIke of the
County Recorder of San Diego County on November 16,lSW;
and Lots 1,2, 7 and g of Carisbad Tract No. 92-7 (Carisbad
Ranch Unit 1 and Unit 2) in the City of Carisbad, County of
San Diego, State of California, according to the map thereof
No. 13078 flied in the OfIke of the County Recorder of San
Diego County on December 28,1993; and Lots 9-14, inclusive
of Carisbad Tract No. 92-7 (Carisbad Ranch Unit 3), in the
City of Carisbad, County of San Diego, State of California,
according to the map thereof No. 13215, filed in the Office of
the County Recorder of San Diego County on June 30,199s
,
WHEREAS, said application constitutes a request for a Zone Change as
shown on Exhibits “D-l” and “E-l”, dated December 6, 1995, attached and incorporated
herein, has been filed with the City of Carlsbad, and referred to the Planning Commission
as provided by Chapter 21.52 of the Carlsbad Municipal Code; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to the Zone Change; and
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1.
2.
3.
4.
That the proposed Zone Change from the designations shown on Exhibit “D-l” to the
designations shown on Exhibit “E-l” is consistent with the goals and policies of the
various elements of the General Pian, in that rezoning this site to the designations
proposed will:
& preserve the flower fkid area east of I-5 to the first ridgeiine between Cannon Road and Paiomar Airport Road as well as preserve additional open space
as part of a larger open space system consistent with Policy C.4 (Agricultural
Poiicies) of the Land Use Element and Goal A.1 of the Open Space and
Conservation Element;
b. provide for the development of a variety of land uses which have been
carefully planned to maximize the best use of the site, and contribute to the
economic viability of the city in compliance with Goai A.3 of the Land Use
Element;
co permit the development of recreational and tourist oriented land uses which
serve visitors, employees of the industrial and business centers as well as
residents of the city in conformance with Goal A.4 (Commercial Goals) of the
Land Use Element.
That the Zone Change will provide consistency between the General Pian and Zoning
as mandated by CaIifornia State law and the City of Carisbad Generai Plan Land
Use Element, in that the zoning designations shown on Exhibit “E-l” implement the
Generai Pian designations shown on Exhibit “Y” and are consistent with the uses
aiioweci in each area by the Carl&ad Ranch Specific Pian Amendment.
The nonresidential uses allowed by the proposed zone change are compatible with
surrounding existing and proposed agricultural and nonresidentiai uses.
The Q-overlay Zone, made a part of the proposed zone change, provides the City
with discretionary review over development of the site to assure that allowed uses are
compatible with surrounding land uses and conform to the requirements of the
Carisbad Ranch Specific Plan Amendment.
PC RESO NO. 3847 -2- 3'
NOW, THEREFORE, BE lT HEREBY RESOLVED by the Planning
Commission as follows:
4 That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of Zone Change 9442, according to Exhibit
“E-l”, attached to Exhibit “C-l”, attached hereto and based on the following
findings and subject to the following conditions:
Findines:
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I Conditions:
1. Approval of ZC 94-02 is granted subject to the approval of EIR 94-01, GPA 94-03,
LCPA 904M(B), SP 207(A), SP 144(G), LFMP 87-13(B), and AP 76=01(D). ZC 94-02
is subject to all conditions contained in Planning Commission Resolution No 3844
for the Program EIR.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on the 6th day of December,
1995, by the following vote, to wit:
AYES: Chairperson Welshons, Commissioners Compas, Nielsen, Noble,
and Savary
NOES: Commissioners Erwin and Monroy
ABSENT: None
ABSTAIN: None
Chairperson
CARLSBAD P LANNING COMMISSION
ATTEST:
- MICHAEL J. HOL%lILLER
Planning Director
PC RESO NO. 3847 -3- 33 0
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PLANNING COMMISSION RESOLUTION NO. 3848
A RESOLUTION OF THE P LANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF SPECIFIC PLAN
AMENDMENT NO. 207(A) ON PROPERTY GENERALLY
LOCATED NORTH OF PALOMAR AIRPORT ROAD,
SOUTH OF FUTURE CANNON ROAD, EAST OF PASEO
DEL NORTE AND WEST OF LOCAL FACILITY
MANAGEMENT ZONES 5 AND 8.
CASE NAME: CARLSBAD RANCH/LEGOLAND
CASE NO:
SPECIFIC PLAN AMENDMENT
SP 207(A)
WHEREAS, Carltas Company has filed a verified application with the City
of Carlsbad which has been referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Specific Plan
Amendment as provided by Government Code Sections 65450 et seq. and Section II. C. 10,
Combination District, of the Carlsbad General Plan Land Use Element; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 6th day of December, 1995, consider said request on property
described as:
A portion of lots “G” and “II” of Ranch0 Agua Hedionda, in the
City of Carisbad, County of San Diego, State of California,
according to the Map thereof No. 823, filed in the Office of the
County Recorder of San Diego County on November 19,18%;
and Lots 1, 2, 7 and 8 of Carisbad Tract No. 92-7 (Carisbad
Ranch Unit 1 and Unit 2) in the City of Carisbad, County of
San Diego, State of California, according to the map thereof
No. 13978 filed in the Office of the County Recorder of San
Diego County on December 2?$1993; and Lots 9-14, inclusive
of Carisbad Tract No. 92-7 (Carisbad Ranch Unit 3), in the
City of Cart&ad, County of San Diego, State of California,
according to the map thereof No. 13215, flied in the Office of
the County Recorder of San Diego County on June 30,1995
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to SP 207(A).
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
4 That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of Specific Plan Amendment, SP 207(A),
according to Exhibit “F-l”, and SP 207(A) dated October 1995, based on the
following findings and subject to the following conditions:
Findine
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2.
3.
4.
5.
6.
7.
Specific Plan Amendment 207(A) is consistent with and implements the goals and
policies of the general plan as demonstrated in the section of the specific plan titled,
“Compliance with the Generai Pian.
Ail necessary public improvements to implement Specific Plan Amendment 207(A)
have been provided or are required as conditions of approval.
The specific plan amendment will serve as the zoning ordinance for the Carisbad
Ranch. Where the plan varies from existing city regulations, specific policy
statements are presented‘ to ciarib the intent and purpose of the proposed
regulation.
Development standards and design guidelines contained in the specific plan address
land use compatibility with agricultural operations and Paiomar Airport,
preservation of open space, visual aesthetics of the development, and provision of
adequate public faciiities and improvements.
The Carisbad Ranch Specific Pian Amendment is also consistent with and
implements the Local Coastai Program - Meiio II Segment (as amended) and the
Zone 13 Locai Facilities Management Plan (as amended).
The Carisbad Ranch Specific Pian Amendment provides the additional
comprehensive planning and required specific plan to permit Combination Generai
Pian Land Use Designations on the property as required by Section II. C. 10 of the
Generai Pian Land Use Element.
Ail requirements of Government Code Sections 65450 et seq. have been incorporated
into the Carisbad Ranch Specific Pian Amendment thereby demonstrating its
compliance with applicable provisions of State Planning and Zoning Law.
Conditions:
1. Approval of SP 207(A) is granted subject to the approval of EIR 9441, GPA 94-03,
LCPA 90=08(B), ZC 94-02, LFMP 87-13(B) and AP 76-01(D). SP 207(A) is subject
to all conditions contained in Planning Commission Resolution No. 3844 for the
PC RESO NO. 3848 -2- 305
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2. Amend Specific Plan text, Page 69, Section A.1.d. and page 134, Section div., to read
as follows:
The height protrusions as described in Section 2146.020 of the Carlsbad Municipal
Code are not permitted. Architectural features such as flagpoles, steeples or
architectural towers are not permitted to exceed a height of 45 feet.
3. Amend Specific Plan text, Page 120, Section 2.b., to read as follows:
Within Planning Area 3, an architectural feature (e.g., tower) which exceeds 35 feet
in height is encouraged for the hotel only to enhance the building silhouette. The
architectural feature must meet the criteria listed under building height in Section
III.A.l. of this specific plan.
4. Amend Specific Plan text, Page 167, Section d., to delete the second paragraph in
this section.
5. Amend Specific Plan text, Page 175, Item e., Access, to read as follows:
Vehicular access to Planning Area 7 shall be at a City Engineer approved location
on the east side of Paseo de1 Norte north of the intersection of Paseo de1 Norte and
Palomar Airport Road.
6. Amend Specific Plan Figure 49, page 176, to reflect condition 5.
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Program EIR.
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PASSED, APPROVED, AND ADOmD at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on the 6th day of December,
1995, by the following vote, to wit:
AYES: Chairperson Welshons, Commissioners Compaq Nielsen, Noble
and Savary
NOES: Commissioners Envin and Monroy
ABSENT: None
ABSTAIN: None
KI&I’WELSHONS, Chairperson
CARLSBAD PLANNIN G COMMISSION
ATIES
- MICHAEL J. HOLZMLLER
Planning Director
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PLANNING COMMISSION RESOLUTION NO. 3849
A RESOLUTION OF THE PLANNIN G COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF SPECIFIC PLAN
AMENDMENT NO. 144(G) TO REMOVE
APPROXIMATELY 24.2 ACRES FROM THE SAN DIEGO
GAS AND ELECTRIC ENCINA POWER PLANT SPECIFIC
PLAN ON PROPERTY GENERALLY LOCATED NORTH
OF CANNON ROAD, SOUTH OF THE AGUA HEDIONDA
LAGOON, EAST OF INTERSTATE 5 AND WEST OF LOCAL FACILITIES MANAGEMENT ZONE 8.
CASE NAME: CARLSBAD RANCH/LEGOLAND
SPECIFIC PLAN AMENDMENT
CASE No: SP 144(G)
WHEREAS, Carltas Company has fled a verified application with the City
of Carlsbad and which has been referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Specific Plan
Amendment as provided by Government Code Sections 65450 et seq; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 6th day of December, 1995, consider said request on property
described as:
That portion of Lot “II” of Ranch0 Agua Hedionda, In the City
of CarIsbad, County of San Diego, State of California,
according to Map No. 823 filed in the Offke of the County
Recorder of said County, November 16, 1986, and more
particularly described on adjustment plat 463.
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to SP 144(G).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
4 That the foregoing recitations are true and correct.
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9 That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of Specific Plan Amendment 144(G), according
to Exhibit “G-l”, based on the following findings and subject to the following
conditions:
Findines:
1. The 24.2 acre area being removed from the SDG&E Encina Specific Plan is not
needed for public utility use.
2. Development of the 24.2 acre area will be regulated by the requirements of the Open
Space Zone and is intended to be utiiized for golf course development proposed as
part of the Carisbad RanchLEGOLAND Specific Pian Amendment project
3. The proposed amendment consists of a revision to the boundaries of the area subject
to the SDG&E Encina Speciiic Plan and will not impact the ezisting requirements
contained within the plan.
4. The proposed amendment has been anaiyzed for Environmental Impacts within the
Program EIR prepared for the Carisbad Ranch/LEGOLAND SpeciiIc Plan
Amendment.
Conditions:
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Approval of SP 144(G) is granted subject to the approval of EIR 94-01 and LCPA
90-08(B). SP 144(G) is subject to all conditions contained in Planning Commission
Resolution No. 3844 for the Program EIR
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on the 6th day of December,
1995, by the following vote, to wit:
AYES: Chairperson Welshons, Commissioners Compas, Nielsen, Noble
and Savary
NOES: Commissioners Envin and Monroy I
ABSENT: None
ABSTAIN: None
KIM WELSHONS, Chairperson
CARLSBAD PL,ANNlN G COMMISSION
Planning Director
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PLANNING COMMISSION RESOLUTION NO. 3850
A RESOLUTION OF THE PLANNIN G COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDINGAPPROVALOFANAMENDMENTTO
THE LOCAL FACILITIES MANAGEMENT PLAN FOR
ZONE 13 WHICH INCLUDES REMOVING PROPERTY
FROM ZONE 5 AND PLACING IT WITHIN ZONE 13 ON
PROPERTY GENERALLY BOUNDED BY AGUA
HEDIONDA LAGOON ON THE NORTH, PALOMAR
AIRPORT ROAD TO THE SOUTH, THE CAR COUNTRY
MALL AND PASEO DEL NORTE TO THE WEST AND
MACARIO CANYON AND HIDDEN VALLEY ROAD TO
THE EAST.
CASE NAME: CARLSBAD RANCH/LEGOLAND
SPECIFIC PLAN AMENDMENT
CASE NO: LFMP 87-13(B)
WHEREAS, Carltas Company has fiIed a verified application with the City
of Carlsbad which has been referred to the Planning Commission, and
WHEREAS, said application constitutes a request for Locai Faciiities
Management Plan Amendments for Zones 5 and 13 (dated October 1995 on file in the
Planning Department) and incorporated by this reference (coiiectiveiy referred to as the
“Locai Faciiities Management Plan Amendments”), as provided in Section 2190.125 of the
Carisbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of December, 1995,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to the Local Facilities Management Plan Amendment for Zone 13.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
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RECOMMENDS APPROVAL of an amendment for Local Facilities
Management Plan - Zone 13 and a concurrent amendment to the Locai
Faciiities Management Plan for Zone 5 to transfer 20.66 acres from the
faciiities zone to Zone 13 based on the following findings and subject to the
following condition:
Findiws:
1. That the Local Facilities Management Plan for Zone 13 is consistent with the Land
Use Element, the Public Facilities Element, and the other Elements contained in
Carlsbad’s General Plan, in that consistent with Growth Management Poiicies C.l,
C.2 and C3 of the Land Use Element of the General Plan:
a. adequate provision has been made for public faciiities concurrent with need;
b. ail public faciiities performance standards will be complied with, and
C. funding for ail necessary public faciiities and services will be guaranteed
prior to any development approvals, grading or building permits.
2. That the Local Facilities Management Plan for Zone 13 is consistent with Section
21.90 of the Carlsbad Municipal Code (Growth Management), as amended by
Ordinance No. 8110 and Ordinance No. 9829 and with the adopted 1986 Citywide
Facilities and Improvement Plan, in that this Facility Plan has been amended
consistent with Section 21.90.110, and ail facility and service impacts (demands)
associated with the proposed land use changes have been anaiyzed and adequate
mitigation measures incorporated where required.
3. That the Local Facilities Management Plan for Zone 13 and the conditions contained
therein will promote the public safety and welfare by ensuring that public facilities
will be provided in conformance with the adopted performance standards and will be
available prior to development occurring, in that ail public faciiities and sewices
required for the development of the Carisbad Ranch Specific Plan Amendment (SP
207(A)), processed in association with this LFMP amendment, are either already in place or will be provided through conditions of approval placed on the master
tentative map.
4. The Local Facilities Management Plan for Zone 13 will control the timing and
locations of growth by tying the pace of development to the provision of public
facilities and improvements, in that the plan contains a phasing plan as weii as a
facility financing plan to ensure the coordination of development with the provision
of necessary public faciiities and services.
5. The Local Facilities Management Plan for Zone 13 will ensure public facilities and
services are available in conformance with the adopted performance standards prior
to development occurring as it links the rate of development to the provisions of
necessary public faciiities and services.
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Conditions:
1. Approval is granted for an amendment to Local Facilities Management Plan - Zone
13 as contained in the Plan titled Local Facilities Management Plan Zone 13, dated
October, 1995, incorporated herein by reference. The amended Zone 13 Locai
Faciiities Management Plan, dated October 1995 shall replace in its entirety the
Zone 13 LFMP dated May 6,1992.
2. Approval of LFMP 87-13(B) is granted subject to the approval of EIR 94-01, GPA
94-03, LCPA 90-08(B), ZC 94-02, SP 207(A), and AP 76-01(D). LFMP 87-13(B) is
subject to all conditions contained in Planning Commission Resolution No(s) 3844
for the Program EIR
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on the 6th day of December,
1995, by the following vote, to wit:
AYES: Chairperson Welshons, Commissioners Compas, Nielsen, Noble
and Savary
NOES: Commissioner Erwin and Monroy
ABSENT: None
ABSTAIN: None
mf WELSHONS, Chairperson
CARLSBADPLANNIN G COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER
PLANNING DIRECTOR
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PLANNING COMMISSION RESOLUTION NO. 3854
A RESOLUTION OF THE P LANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND LEG0 PARR PLANNIN G INC. (LPPI) TO PROVIDE
FOR THE CONSTRUCTION OF A LEGOLAND PARR IN
CARLSBAD.
CASE NAME: CARLSBAD RANCH/LEGOLAND
SPECIFIC PLAN AMENDMENT
CASE NO: DA 94-01
WHEREAS, LEG0 Park Planning Inc. (LPPI) has filed a verified application
with the City of Carlsbad which has been referred to the Planning Commission, and
WHEREAS, the application is a request for a Development Agreement
pertaining to only the LEGOLAND portion of the Carisbad Ranch Specific Plan
Amendment project; said portion being legally described as Lot 18 of Carisbad Tentative
Tract map CT 9*, and
WHEREAS, said application constitutes a request for approval of a
Development Agreement, dated December 6, 1995, attached to the drait City Council
Ordinance attached hereto marked Exhibit “M-1” and incorporated by this reference
(“LEG0 development Agreement” or “Development Agreement”), as provided in Government
Code Section 65864 et. seq. and Chapter 21.70 of the Carisbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of December, 1995,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to the LEG0 Development Agreement.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
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B)
That the above recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of DA 9441, LEG0 Development Agreement,
based on the following findings:
Findings:
1. Approval of the Development Agreement complies with ail the provisions of state law
(Government Code Sections 652364 et seq.) which enables the City to enter into such
agreements including the following:
A)
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The Development Agreement specifies the duration of the Agreement, the
permitted uses of the property, the density or intensity of use, the maximum
height and size of proposed buildings and provisions for reservation or
dedication of land for public purposes as the Agreement incorporates the
Amended Carisbad Ranch Specific Plan and other project approvals by
reference.
The Development Agreement includes conditions, terms, restrictions, and
requirements for subsequent discretionary actions, however, the conditions,
terms, restrictions and requirements do not prevent development of the land
for the uses and to the density or intensity of development set forth in the
agreement, and are consistent with the development standards, design
guidelines, and other provision of the specific plan and existing rules,
regulations and poiicies.
Unless otherwise provided by the Development Agreement, rules, regulations,
and official poiicies governing permitted uses of the land, governing density
and governing design, improvement, and constnrction standards and
specifications, applicable to development of the property subject to the
Development Agreement shall be those rules, regulations and ot’ficiai policies
in force at the time of execution of the agreement.
The Development Agreement does not prevent the City, in subsequent actions
applicable to the property, from applying new rules, regulations, and policies
which do not conflict with those rules, regulations, and policies applicable to
the property as set forth in the Agreement, and which do not materiaiiy,
adversely affect the timing or phasing of construction of development as
further set forth in the agreement, nor does the Development Agreement
prevent the City from denying or conditionaiiy approving any subsequent
development project application on the basis of non-compliance with existing
rules, regulations and policies.
The Development Agreement includes terms and conditions relating to
financing of necessary public facilities.
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F) The applicant for the Development Agreement has a iegai or equitable
interest in the reai property which is the subject of the Agreement,
G) ‘Ihe Development Agreement requires an annual review at which time the
applicant shall be required to demonstrate good faith compliance with the
terms of the agreement. If, as a result of such annual review, the City finds
and determines, on the basis of substantial evidence, that the applicant has
not complied in good faith with terms or conditions of the Agreement, the
City may terminate or mod@ the Agreement.
H) The Development Agreement is consistent with City’s Locai Coastai Program.
2. Approval of the Development Agreement complies with Chapter 21.70 of the
Carisbad Municipal Code. Ail noticing, review and other procedurai requirements
have been accomplished in compliance with the Chapter. The findings required by
the Chapter have been met as follows:
A)
B)
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D)
The Development Agreement is consistent with the objectives, poiicies, generai
land uses and programs specified in the Generai Plan and any applicable
specific plan. The Agreement implements and incorporates by reference the
other project actions and approvals including the Generai Pian and Locai
Coastal Program amendments and the Amended Carisbad Ranch Speciiic
Plan. The Agreement does not permit any uses or location or distribution or
intensity of uses that is inconsistent with the other project actions.
The Development Agreement is compatible with the uses in and the
regulations prescribed for the land use district in which the reai property is
located and the provisions of Title 21 of the Carisbad Municipal Code.
Again, the Agreement implements and incorporates by reference the other
project actions and approvals including the zoning of the reai property and
the Carisbad Ranch Specific Plan. These other actions establish the
permitted uses of the property, the density and intensity of use, the maximum
height and size of proposed buildings and provisions for reservation or
dedication of land for public purposes.
Approval of the Development Agreement is in conformance with public
convenience, generai welfare and good land use practices as it will result in
a use that has been planned in a comprehensive manner, which provides
benefits to the community in terms of cultural, recreational and economic
factors and has been reviewed in terms of protecting the generai welfare of
the community.
Because the other project approvals have been anaiyzed in terms of their
effect on the generai public health, safety and weifarc and approval of the
Development Agreement is consistent with the other project actions and
approvals, the Agreement will not adversely affect or be detrimental to the
generai health, safety and welfare.
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F)
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By providing assurance that the project can proceed as approved by the City and reducing future uncertainty, approval of the Development Agreement will
not adversely aifect the orderly development of the property or the
preservation of values.
The Deveiopment Agreement is consistent with the Caiifornia Government
Code Sections 65864 et seq. as detailed in Finding No. 1 of this resolution.
The Development Agreement identifies the public facilities, improvements and
infrastructure needed to allow the project to be built. Also, the Agreement
contains provisions requiring compliance with the Growth Management Plan.
Therefore, the Agreement helps ensure provision of public faciiities in a
manner consistent with the Generai Plan.
Where applicable, the Development Agreement is consistent with the
provisions of Title 20 of the Carisbad Municipal Code regarding the
subdivision of land. The Development Agreement incorporates by reference
the Master Tentative Subdivision Map CT 94-09 being processed
simultaneously herewith, which implements the requirements of Title 20. An
adjustment piat is being processed as part of the other project approvals and
nothing in the Agreement is inconsistent with this other action and approval.
The proposed project will result in substantial economic, social, recreational
and cultural benefits to the City which would not be attainable without
approval of the Development Agreement as detailed in Finding No. 3 of this
resolution. The Development Agreement provides more certainty that the
project will be built thus increasing the iikeiihood of the resulting benefits.
3. The Development Agreement has been drafted, processed, negotiated and reviewed
in terms of compliance with City Council Policy No. 56. Approval of the Agreement
conforms to the Council determinations identified in the Policy for approving an
agreement as follows:
A) The proposed development, LEGOLAND, has been determined to be in the
best interest of the City. It will provide substantial economic, social, cultural
and recreational benefits. It has been designed in compliance with the City’s
Growth Management Plan. It will stimulate other economic development in
the City. It is a project for which the citizens passed an advisory measure to
have the project considered.
B) The proposed development, as well as the larger project of which it is a part,
the Carisbad Ranch, is a large comprehensive development involving
numerous buildings, extensive design work and preconstruction phasing and
planning. The project will require a substantial expenditure by the applicant
of time and predeveiopment costs and risk prior to the approval of building
permits and other land use entitlements. This justiiIes and is a reasonable and appropriate request for entering into a Development Agreement. A
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degree of certainty is needed so that if the project is approved, it can proceed
forward to construction and operation.
0 Mqjor public faciiities and infrastructure will be required in order to open
and operate the proposed development. The development will require a
substantial expenditure to design and construct public infrastructure faciiities
that will benefit the community including two maJor road projects that will
provide future benefits to the entire communi@, the Cannon Road/I-5
interchange expansion and the easteriy extension of Cannon Road.
W The Development Agreement includes iegaiiy binding commitments by the
applicant to provide substantial public benefits over and above those which
the applicant would otherwise be obligated to provide as a condition of
project approval in the absence of a Development Agreement. These include
the requirement to construct and open LEGOLAND within five years, a
requirement to make a financial payment to the City if the applicant decides
not to open LEGOLAND, a requirement that the property must be cleared of
ail themetype structures if construction of the project is not completed or the
operations are ceased and the requirement to pay a Quality of Life Fee if the
annual attendance at LEGOLAND exceeds 22 miiiion people as projected
during the term of the Agreement.
El The project will provide substantial economic benefits to the City. In
addition to the revenues generated by the project itself, LEGOLAND will
stimulate the development of other uses in the Carisbad Ranch project such
as the resort hotel which will also generate significant revenues for the City.
A significant number of job opportunities will also be created as a result of
the project.
F) Approval of a Development Agreement is a reasonable and appropriate
request in return for the benefits the City derives from the project. It is
highly unlikely that the proposed development , including the public benefits
to be derived therefrom, would occur when and as Provided in the Agreement
in the absence of the vesting assurances incorporated in the Development
Agreement.
4. The Development Agreement is consistent with the City’s Growth Management Plan.
The Agreement includes terms and conditions relating to the financing of necessary public faciiities and services. The Agreement requires continued, ongoing
compliance with the Growth Management Plan during the entire term of the
Agreement.
5. The Development Agreement removes uncertainty in the approval of the development
project which can result in a waste of resources, escalate the cost of development and
discourage significant investment in the community and in a commitment to
comprehensive planning.
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6. The Development Agreement provides assurance to the applicant for the project that
upon approval of the project, the applicant may proceed with the project in
accordance with existing policies, rules and regulations, and subject to conditions of
approval. This will strengthen the public planning process, encourage private
participation in comprehensive planning, and reduce the economic costs of
development.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on the 6th day of December,
1995, by the following vote, to wit:
AYES: Chairperson Welshons, Commissioners Compas, Nielsen, Noble
and Savary
NOES: Commissioner Erwin and Monroy
ABSENT: None
ABSTAIN: None
ATTEST
KIM WlkSHONS, Chairperson
CARLSBADP LANN-ING COMMISSION
Planning Director
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