HomeMy WebLinkAbout1996-01-23; City Council; 13480; Annexation city of encinitas Detachment Leucadia Bl reorganization tax exchange agmt Leucadia Boulevard reorganization Res 96-279
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WY OF CARLSBAD - AGWA BILL F/." t 4, 13 4/80
AB # w%'o - TITLE: DEF
MTG. j -23-5b LEUCADIA BOULEVARD REORGANIZATION CIT
DEPT. PLN TAX EXCHANGE AGREEMENT CIT
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. 76 -2 9 APPROVING a Tax Exc
Agreement with the City of Encinitas.
ITEM EXPLANATION
A reorganization has been proposed for the annexation of approximately 3 a
Carlsbad. The intent of the reorganization is to place all of the right-of-way
proposed Leucadia Boulevard extension westerly from El Camino Real throi
Encinitas Ranch Specific Plan to Interstate 5 within City of Encinitas jurisdiction
The Council indicated their interest in pursuing the reorganization through the ac
of an agreement with the City of Encinitas for the construction of various circ
element roads within the cities of Carlsbad and Encinitas (City Council Resolut
94-193 adopted July 12, 1994).
In order for LAFCO to hold the initial hearing (on February 5, 1996) regard
reorganization, Section 99 of the Revenue and Taxation Code states that
Exchange Agreement reflecting the identified tax amounts to be exchanged betw
annexing city.
The Finance Department has reviewed the documentation provided by the Cc
San Diego Auditor and Controller and is in agreement with the identified am
property tax revenues which will be exchanged (Exhibit "A" to Resolution No. 3
Adoption of City Council Resolution No. 46 -23 will constitute approva
required tax exchange agreement and the Resolution serves as the Ex
Agreement.
As the detaching city, the City of Carlsbad takes a passive role dur
reorganization, but retains veto authority should it determine that detachmer
desired.
ENVIRONMENTAL REVIEW
No environmental action is required for the adoption of the tax exchange agrl
As the annexing city, the City of Encinitas will act as the lead agency
reorganization hearings for the annexation/ detachment and will perform the I
environmental analysis.
FISCAL IMPACT
The estimated annual property tax increment attributable to this property is $98L
the City of Carlsbad receives approximately $1 50.00 or 13.8% of this. Once the I
territury tu the Gity of EnGinitas and the detaGhment of the Same area from the
affected local governments must be adopted by both the detaching city :
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PAGE 2 OF AGENDA BILL NO. / 2~ 3’/0 7
is annexed into the City of Encinitas, this portion of the tax increment will tran
Encinitas .
EXHIBITS
1.
2. Location Map.
City Council Resolution No. qb --,L j7 (Tax Exchange Agreement)
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RESOLUTION NO. 96-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVl NG ATAX EXCHANGE
AGREEMENT WITH THE CITY OF ENClNlTAS
REGARDING THE DETACHMENT OF APPROXIMATELY
THREE ACRES WHICH IS WITHIN THE LEUCADIA
BOULEVARD RIGHT OF WAY.
CASE NAME: LEUCADIA BOULWARD REORGANIZATION
WHEREAS, Revenue and Taxation Code Section 99 * require
negotiation of any exchange of property tax revenue occasioned by jurisdic
changes between agencies affected; and
WHEREAS, the proposed "Leucadia Boulevard Reorganii
consisting of the detachment of territory from the City of Carlsbad and its ann€
to the City of Encinitas, has been filed with the Local Agency Formation Comm
The property is described as follows:
All that portion of the northwest quarter of the southwest quarter 01
Section 2, Township 13 south, Range 4 west, San Bernardino base and
meridian, in the City of Carlsbad, County of San Diego, State 01
California, according to United States Government Survey approved April 19, 1881, lying within the following described boundaries;
Beginning at a point on the east line of said northwest quarter of said
southwest quarter, distant thereon N396'28"W 68.43 feet from the
southeast comer of said northwest quarter; thence along said east line
S396'28"E 68.43 feet to said southeast corner; thence along the soutt
line of said northwest quarter S8931'WW 1249.81 feet to the
southwest comer of said northwest quarter; thence along the west line
of said northwest quarter N5'11'56"W 177.46 feet; thence leaving saic
west line S81"1240"E 158.42 feet; thence S67"34'57"E 98.83 feet
thence S8398'13"E 65.75 feet; thence S8995'37"E 275.52 feet; thencl
N89'52'03"E 292.04 feet; thence S85'54'26"E 381.71 feet to the point c
beginning.
WHEREAS, on July 12, 1994 the Carlsbad City Council i
Resolution No, 94-1 93 indicating its intention to pursue said reorganization;
WHEREAS; as shown on Exhibit "A" attached hereto and mad
thereof by reference, the County of San Diego Auditor and Controller has det
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that property tax revenue is now being collected within the area proposed t
reorganized.
NOW, THEREFORE BE IT RESOLVED by the City Council of the C
Carlsbad, California, as follows:
I.
2.
That the above recitations are true and correct.
That it agrees with the City of Encinitas that for the jurisdic
changes associated with the "Leucadia Boul
Reorganization", the annual property tax and the annu<
increment attributable to the City of Carlsbad (from whic
territory is being detached) shall be transferred to the C
Encinitas (to which the territory is being annexed).
EFFECTIVE DATE: This resolution shall be effective upon its adc
PASSED, APPROVED AND ADOPTED at a Regular Meeting of tt
Council of the City of Carlsbad on the 23rd day of Januaw 1996, I
following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, City Clbrk
(SEAL)
-2-
0 e EXHIBIT "A
-. dr *c.
WltUAM J. x1 ROBERT BOOKER Ed.D. amnig nf $an piE$u
ASStSTAHT AUOlTQR ANC
MmmX AUPITOR AND CONTROUER
(ste) s314413 AUDITOR AND CONTROLLER
le00 PACIPIC HII)HWAV. OAN DIEGO. CALIFORNIA aaiei-2472
Decembev 8, 1945
TO: Local Agencies
FROM: Auditor and Controller
SUBJECT: PROPERTY TAX REVENUE GENERATED WITHIN THE JURISDICTIONAL CHANGE
Section 99 of the Revenue and Taxation Code states that before jurisdictional
changes can occur, a determination must be made concerning the amount of property tax revenues to be exchanged between the affected local governments. Section 996(4) states that upon receipt of the aforementioned estimates the local agencies shall commence negotiations to determine the amount of proper1 tax revenue to be exchanged between the affected local agencies and that the! negotiations shall not exceed 30 days. The negotiable amount may be any
amount of the Prvwty Tax Revenue not to exceed the amount listed below, ani percentay ol the annual tax increment fund ratio up to the percentage listec bel;ru, or. a combination of- both a property &ax revenue amount plus a per- centage of the annual tax increment. The negotiated revenue exchanges shall be on an fndtvidua'l jurisdictional change basis, )Inl.css. a master agreement hi been adopted pursuant to 99(d), with specific agreements being made for each change. In order for this proposed jurisdictional change to be considered b! LAFCO, these negotiations must be completed no later than
We are submitting to you per Section 99 of the Revenue and Taxation Code and Board of Supervisors Pol icy 6-45, informat ion for the followfng jurisdictionl
changer
' Name of Juri $dictional Change: Leucadia Roulevar-.-
January 8, 1995
LAFCO Number: RO95-27 ; Sh95-27
Assessed Value: 98,482
Property Tax Revenue: $984.
cn.A Inn-oN W:OT 36'0~ =a O~T~-LSS-~T~:~ oma NUS Y
e W
~ . *= 9'.
Property Tax Revenue Generated Within the
Page Two
Local Aqenci es Revenue .fund Ratios
County General 110 . .I LO71553 '
Jurl sdict f onal Change
1 95-96 ' 1995-91 -P Property ax Annual ax Incremenl RO95-27; Sh9S-27
City of Carlabad . 146 .13a37882
a 00000000
A11 Other Taxing Agenchs - 738 i75090565
City of Enciairis 0
TOTAL t 984 1.00000000
'.
If property tax negotiatlons have been completed prior to receipt of this letter, those negotiations are valid and this tetter is for informational purposes only.
Should you wish additional Information on jurisdictional change, please contact Jim Criego or Lane Hicks of Property Tax Services at (619) 531-5396 ,,
.. R&'f%
* ROBERT BOOKER, Ed.0. Audi tor and Control 1 er
.PTS : LH: 1 gd
c: Executfve Officer, LAFCO I
' , Planning and land Use
. . Local Agencies
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+A- J ~nn'nhi cc.nT CF;'n7 3317 O~ID-LSS-~W~~L awa NUS at
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ClTY OF c/\ pi/- s3/\ u
@ NORTH
LEUCADIA BLVD. REORGANIZATION
TAX EXCHANGE AGREEMENT
.*
January 25, 1996
Attention: City Clerk's Office
City of Encinitas
505 South Vulcan Avenue Encinitas, CA 92024
Re: Tax Exchange Agreement
The Carlsbad City Council, at its meeting of January 23, 19' adopted Resolution No. 96-27, approving a Tax Exchange Agreeml with the City of Enchitas.
As a courtesy, enclosed is a copy of Resolution No. 96-27 for yl records.
ALETHA OQLtk L. &I- RAUTENKRANZ, CMC
City Clerk
ALR: ijp
Enclosure
1200 Carlsbad Village Drive Carlsbad, California 92008-1 989 (61 9) 434-21
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1600 Pacific Highway 1
San Diego, CA 92101 (619) .WFCQ
San Diego Local Agency Formation Commission
Chairwoman
Dianne Jacob
County Board of CERTIFICATE OF FILING Supervisors
Members
Bill Horn TO: Lauren Wasserman
County Board of
Supervisors
Shirley Horton
Mayor, City of Chula Vita
Lori Howard
Councilmember, City of
Santee
FROM: Executive Officer Local Agency Formation Commission
SUBJECT: "Leucadia Boulevard Reorganization" (City of Encinitas)
(Ref. Nos.: R095-27; SA95-27)
Harry Mathis
Councilmember, City of
Dr. Lillian M. Childs
John Sasso
The above referenced proposal was initiated by a resolution of applic:
by an affected legislative body. The application is now complete
contains the information required by State law and the Commission's ri
Resolutions of agreement to a negotiated exchange of property
revenues for this jurisdictional change, adopted by the local agen
included in the negotiations, have been submitted to this office. Theref
pursuant to Section 56828 of the California Government Code,
Certificate of Filing is hereby issued on Januaw 19, 1996.
This proposal will be considered by the Commission at a meeting tc
held on FebruanJ 5, 1996, and scheduled to begin at 9100 a.m., in Rc
358 of the County Administration Center, 1600 Pacific Highway, San Dit
This proposal will be a public hearing item.
For more information, please call (619) 531-5400. The analyst foi
San Diego
Helix Water District
President, Borrego
Water District
Dr. Linell Fromm
Public Member
Alternate Members
Pam Slater
Supervisors
Councilmember, city of
Carlsbad proposal is Joe Convew.
Juan Vargas
Councilmember, City of
San Diego
Ronald W. Wootton
Vista Fire Protection District
David A. Perkins
Public Member
Executive Officer
Michael D. Ott MD0:hm
Counsel (Acting)
County Board of
Julianne Nygaard
Executive Officer
cc: City of Carlsbad
John J. Sansone
e 1)
NOTICE OF PUBLIC HEARING BY THE
LOCAL AGENCY FORMATION COMMISSION
FOR ADOPTION OF AN AMENDMENT TO THE
SPHERE OF INFLUENCE
FOR THE CITY OF ENCINITAS
NOTICE IS HEREBY GIVEN, that a meeting of the Commission is scheduled for I
a.m., on February 5, 1996 in Room 358, County Administration Center, 1600 Pa
Highway, San Diego, to consider the above referenced proposal,
The territory includes 3.3 acres located adjacent to the Cities of Encinitas and Carlst
north of Encinitas Boulevard, south of La Costa Avenue, east of Sidonia Street, and \I
of El Camino Real.
At the hearing the Commission will hear any person who wishes to speak and
consider the application and report of the Executive Officer. The application may
examined in the LAFCO office. For further information, please call (619) 531-5400
Published: No later than January 19, 1996 Ref. Nos.: R095-27; SA95-27;
"Leu cad ia Boulevard Reorganization
MICHAEL D. OTT, Executive Officer
Local Agency Formation Commission
County of San Diego
*
1600 Pacific Highway F
San Diego, CA 92101 (619) WFGQ *
San Diego Local Agency Formation Commission
Chairwoman
Dianne Jacob Date: August 26, I996 County Board of
Supervisors
Members
Bill Horn
County Board of
Supervisors
Shirley Horton
Mayor, City of
TO: Subject Agencies
Chula Vista FROM: Local Agency Formation Commission
Councilmember, City of SUBJECT: “Leucad ia Boulevard Reorganization” (R095-27)
Councilmember* c@ Of
Dr. Lillian M. Childs
Helix Water District
John Sasso President, Borrego
Lori Howard
Santee
Harry Mathis
San Diego Transmitted herewith for your information is a copy of the recorded Execu,
Officer’s Certificate of Completion, Certificate of Terms and Conditions, i
the conducting authority’s final resolution for the above-referenced char
of organization/reorganization.
Water District
Andrew L. Vanderlaan
Public Member
Alternate Members MICHAEL D. on
Greg Cox Executive Officer County Board of
Supervisors
Julianne Nygaard
Councilmember, City of
MD0:na
Carlsbad Distribution:
City of Carlsbad Juan Vargas
Councilmember, City of
San Diego
Ronald W. Wootton
Vista Fire Protection District
David A. Perkins (Calif. Gov’t Code Section 57203)
Public Member
Executive Officer
Michael 0. Ott
Counsel (Acting)
John J. Sansone
0 0
RECORDING REQUESTED BY: DOC 8t B?pb-B134 19-mkR-1996 02:
SA\ DIE60 fDUbtTY RECORDERY 01
San Diego County LAFCO
AND WHEN RECORDED MAIL TO:
LAFCO
MS A216
UFFICIAL RECORDS I 1659 9 ijfiEGttRY SfiITH 9 COUNTY RECDR r7 FEES:
1: !\
-c
I
i
THIS SPACE FOR RECORDER'S USE C
*.5 c
Certificate of Completion
"Leucadia Boulevard Reorganization" (R095-27)
(Please fill in document title(s) on above line(s)
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
6/94
Rec. Form #R25
SANDIEGOCOUNTY 0 Please retur
CERTIFICATE OF COMPLETION MS /
LOCAL AGENCY FORMATION COMMIS~16610 MI
"Leucadia Boulevard Reorganization"
R095-27
Pursuant to Government Code Sections 57200 and 57201, this Certificate is he
issued.
The name of each city and/or district included in this change organization/reorganization, all located within San Diego county, and the type of chl
of organization ordered for each city and/or district are as follows:
Citv or District Type of Change of Organiz
City of Encinitas Annex
City of Carlsbad Detach
A certified copy of the resolution ordering this change of organization/reorganiz
without an election, or the resolution confirming an order for this chang
organization/reorganization after confirmation by the voters is attached hereto ar
reference incorporated herein.
A legal description and map of the boundaries of the above-cited chang
organization/reorganization are included in said resolution.
The terms and conditions, if any, of the change of organization/reorganizatior
indicated on the attached form.
I hereby certify that I have examined the above-cited resolution for a chan!
organization/reorganization, and have found that document to be in compliance wii
Commission's resolution approving said change of organization/reorganization.
I further certify that (1) resolutions agreeing to accept a negotiated exchange of prc
tax revenues for this jurisdictional change, adopted by the local agencies included
negotiations, have been submitted to this of&e, or (2) a master property tax excb
agreement pertinent to this jurisdictional change is on file.
Date: March 12, 1996
Executive Officer
a 1661
1600 Pacific Highway MFCQ
San Diego Local Agency Formation Commission
San Diego, CA 92101 (619
C hairwornan CERTIFICATE RE: TERMS AND CONDITIONS AND INDEBTEDh
Dianne Jacob
Supervisors County Board of Subject: "Leucadia Boul3vard Reorganization" (City of Encii
(R095-27)
Members
Bill Horn County Board of Supervisors
Shirley Horton
Mayor, City of
Chula Vista
Lori Howard Councilmember, City of I Lauren Wasserman
Santee (Name) (Title)
Harry Mathis Councilmembers Ci of
Certain terms and conditions are required by the Local Agency Form
Commission to be fulfilled prior to the completion of the above-n:
change of organization.
City Manaqer
do hereby certify that the terms and conditions listed below have beer
met. San Diego
Dr. Lillian M. Childs
Helix Water District
John Sasso None President, Borrego
Water District
Dr. Linell Fromm
Public Member
Alternate Members
Greg Cox
County Board of
Supervisors
Julianne Nygaard Will the affected property be taxed for any existing bonded indebtec
Or Contractual obligation?
Yes - NOS If yes, specify. ,
Counciimember, city of
Carlsbad
Juan Vargas
Councilmember, Ci of -
San Diego @&o- - -
Ronald W. Wootton ' signature
David A. Perkins
Vista Fire Protection District & G /96
Date Public Member
Executive Officer
Michael D. Ott
Counsel (Acting)
John J. Sansone
0 e62
RESOLUTION NO. 96-14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ENCINITAS ORDERING TERECCORY
DESIGNATED AS THE LEUCADIA BOULEVARD REORGANIZATION
ANNEXED TO THE CITY OF ENCINITAS
AND DETACHED FROM THE CITY OF CARLSBAD
(“Leucadia Boulevard Reorganization”, City of Enchitas, RO95-27)
(Case NO. 95-274)
WHEREAS, the Local Agency Formation Commission of the County of San I
Boulevard Reorganization” annexing approximately 3.3 acres of territory to the City of Enc
and detaching 3.3 acres of territory from the City of Carlsbad as described in Exhibit “A” att
hereto and by this reference incorporated herein;
adopted its Resolution on February 5, 1996, making determinations and approving the “Leu
WHEREAS, the terms and conditions of reorganization as approved by the Local A
Formation Commission are as follows:
None;
WHEREAS, the reason for this proposed reorganization is to bring the entire rig
way and slope easements for Leucadia Boulevwd into one jurisdiction (City of Encinita
construction and maintenance purposes, insuring the fbture development, planning and n
services for the territory can be provided in a more efficient manner under one govern
structure;
WHEREAS, the regular County assessment roll is utilized by this City;
wHE;REAs, the affected tenitory will not be taxed for existing general b
indebtedness of this City;
wHE3sEAs, the City Council, in their independent judgment as Lead Agency, I
finds that (1) pursuant to Sections 15162 and 15168 of the State of California EnviroIll
Quality Act (CEQA) Guidelines, the City of I&cini@ has reviewed the proposed qut
annexation of the 3.3 acres and has determined that the certified ficinitas Ranch Specific Pli
Leucadia Boulevard Final Program Environmental Impact Report (Resolution 94-28 arbpi
June 25,1994) and adopted Statement of Overxiding Considerations and Mitigation and Mon
Program (Resolution 94-91 adopted on September 21, 1994) adequately describes the assc
potential impacts and mitigation measures; (2) pursuant to Section 15164 (CEQA) an addenc
the EncinitaS Ranch Specific Plan and Leucadia Boulevard Final Program EIR has been pr
and appmved to revise the project description to include the reorganization request and prez
as approved by City Council Resolution No. 95-105; and (3) no additional environ
documentation is required for the purposes of CEQk and t-
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WHEREAS, a public hearing on this annexation was called for and held by this
Council on February 21, 1996, and this City Council finds and determines that the subject ter
than 50 percent of the total assessed value of land within the affected tenitOry. is mhhaMed and the value of writken protests Ned and not withdrawn by the land owners i
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of tht
of Enchitas hereby orders the territory described in Exhibit “A9’ annexed to the City of En(
and detached from the City of carlsbad, and directs the City Clerk to transmit a certified cc
this resolution with applicable fees required by Section 54902.5 of the Government Code I
executive officer of the Local Agency Formation Commission of San Diego County.
PASSED AND ADOPTED this 21st day of February, 1996, by the following vo
wit:
AyeS:
Nays: None
Absent: None
Abstain: None
Aspell, Bond, Davis, DuVivier, Hano
ATTEST:
h
Deborah Cemone, City Clerk
<
0 .&=- i
EXHIBIT <“A”
to
City Council Resolution No. 96-14
Description of Territory
(“Leucadia Boulevard Reorganization”, City of Encinitas, RO95-27)
0 -0
'ILEUCADIA BOULEVARD REORGANIZATION"
(CITY OF ENCINITAS)
ANX. TO TI CITY ENCINITAS R095-27
DETACH. FR. CITY OF CARLSBAD
ALL THAT PORTION OF THE NORTINEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY
GOVERNMENT SURVEY APPROVED APRIL 19, 1881, LYING WITHIN THE
FOLLOWING DESCRIBED BOUNDARIES:
SW DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
BEGZNNLNG AT A POINT ON THE EAST LINE OF SAID NORTHWEST QUARE
SAlD SOUTHWEST QUARTER DISTANT ?'HEREON N3"3628"W 68.43 FEET E
TH[E SOUTHEAST CORNER OF SAID NORTHWEST QUARm, THENCE ALONG
EAST LINE S3'36'28"E 68.43 FEET TO SAID SOUTHEAST CORM% THENCE Al THE SOUTH LINE OF SAID NORTHWEST QUARTER S89"31'OO"W 1249.81 FEE
THE'SOIJTHWEST CORNER OF SAID NORTHWEST QU~~; THENCE ALONC
WEST LINE OF SAID NORTHWEST QUARTER NS011'56"W 177.46 FEET; TI3
LEAVING SAID WEST LINE S81"12'40"E 158.42 FEET; THENCE S67O34'57"E 98.83 ,
THENCE S83O28'13"E 65.75 FEET; THENCE S89"35'37E 275.52 FEET; TH
N89O52'03"E 292.04 FEET: THENCE S85'54'26"E 381.71 FEET TO THE POIE BEGINMNG.
APpra.dbyth8LoalAcllrcl,Fornutlon cOmmnr#, d an pi
r FEB - 5 1996
- Exhibit A
12/95 JGRO .
MAPPING DIVISION
SAN DlEGO COUNTY ASSESSORS OFFICE DATE:^ 2-06-1 995
SCALE: 1 "=200'
TRA.PG: 654 "LEU CAD IA B 0 ULEVARD REOG."
ANX. TO THE CITY OF ENCNTAS TRA:09135 DETACH. FR THE CITY OF CARLSBAD
ORAWN 8Y:JOSE GRO.
LAFCO: f?C
~~~k3.03
PG. NO:1&?
~~225-01
T.B.:l147-I
J
A t -"J' 31 -';j+7-
Minute Item: 6
Ref. Nos.: SA95-27; R095-27
RESOLUTION OF THE LOCAL AGENCY FORMATION COMMISSION
OF THE COUNTY OF SAN DliEGO
ADOPTING AN AMENDMENT TO THE SPHERE OF INFLUENCE
FOR THE CITY OF ENCINITAS
AND
MAKING DETERMINATIONS AND APPROVING THE
"LEUCADIA BOULEVARD REORGANIZATION"
(CITY OF ENCINITAS)
On motion of Commissioner Childs, seconded by Commissioner Cox, the follo\l
resolution is adopted:
WHEREAS, pursuant to Government Code Section 56425, the San Diego L
Agency Formation Commission is required to develop and determine a spher
influence for each local governmental agency within the County; and
WHEREAS, the Commission adopted a sphere of influence for the Cit
Encinitas that was effective upon the incorporation date of October 1 , 1986, and
reaffirmed on February 7, 1994; and
WHEREAS, an application has been made to amend the sphere of influencc
the City of Encinitas; and
WHEREAS, a resolution of application was submitted to this Commission i
reorganization of territory including annexation to the City of Encinitas and detachr
from the City of Carlsbad, which resolution was adopted by the City Council of Encii
as Resolution No. 95-105, dated November 8, 1995, pursuant to Title 5, Divisic
commencing with Section 56000 of the Government Code; and
WHEREAS, the territory proposed for a sphere amendment and reorganizati
as described in the application on file with the Local Agency Formation Commission
WHEREAS, the Executive Officer of the Commission has filed his report on
sphere amendment and reorganization, which report was received and considered t
Commission; and
WHEREAS, pursuant to Government Code Section 56427, the Executive 0
of this Commission set a public hearing on the proposed sphere amendmer
February 5, 1996, and gave notice of the date, time, and place of said heari
accordance with Government Code Sections 56834 and 56835; and
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WHEREAS, all owners of land have consented in writing to the reorganization;
NOW THEREFORE, BE IT RESOLVED, that this Commission hereby finds,
determines, and orders as follows:
(1) The hearing was held on the date set therefore, and due notice of said
hearing was given in the manner required by law.
(2) At that hearing the Commission called for, heard, and considered all
interested parties and read and considered the report of the Executive Officer.
(3) The Commission adopts, pursuant to Section 15086(h) of the State CEQA
Guidelines, the Findings of Fact and Statement of Overriding Considerations previously
adopted by the City of Encinitas, as lead agency, as shown in Exhibit B attached hereto.
The Commission adopts the findings included in the resolution of approval
of the City of Encinitas for the impacts identified in the Environmental Impact Report, and
certifies that the mitigation is within the jurisdiction of the City and not LAFCO because
the affected resources and services will be within the city limits upon annexation.
(4)
(5) The Commission has considered the factors enumerated in Section 56425
prior to adopting the amendment to the sphere of influence for the City of Encinitas.
(6) The Commission hereby determines that territory shall be included in the
sphere of influence for the City of Encinitas as that territory shown on the attached map,
and adopts the Statement of Determinations as provided in Exhibit C pursuant to Section
56425 of the Government Code.
(7) The Commission hereby approves the reorganization with boundaries as
described in Exhibit A attached hereto.
(8) The boundaries of the territory as described in Exhibit A are definite and
certain.
(9) The boundaries of the territory do not conform to lines of assessment and
owners hip.
(IO)
(1 1) The territory proposed for reorganization is hereby designated the
The territory includes 3.3 acres and is uninhabited.
"Leucadia Boulevard Reorganization" (City of Encinitas).
(1 2) The Commission hereby designates the City of Encinitas as the conducting
authority and authorizes the City Council to conduct proceedings in compliance with this
resolution without notice and hearing.
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(13) The Executive Officer is hereby authorized and directed to mail certif
COpkS Offhis resolution as provided in Section 56853 of the Government Code.
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Passed and adopted by the Local Agency Formation Cornmission of the County of !
Diego this 5th day of February, 1996, by the following vote:
AYES: Commissioners Childs, Cox, Fromm, Horton, Howard, Jac
and Sasso
NOES: None
ABSENT: Commissioners Horn and Mathis
ABSTAl N I NG: None
...........................................
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)
1 ss
I, MICHAEL D. OTT, Executive Officer of the Local Agency Formation Commissio
the County of San Diego, State of California, hereby certify that I have compared
foregoing copy with the original resolution adopted by said Commission at its reg
meeting on February 5, 1996, which original resolution is now on file in my office;
that same contains a full, true, and correct transcript therefrom and of the whole ther
Witness my hand this 7th day of February, 1996.
MICHAEL D. OTT
Executive Officer
San Diego Local Agency Formation Commission
.I 0 0 "LEUCADIA BOULEVARD REORGANIZATION"
(CITY OF ENCINITAS)
ANX. TO THE CITY ENCINITAS R095-27
DETACH. FR. CITY OF CARLSBAD
ALL THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 2, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN 88M.DJNO BASE AND MERIDIAH,
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY APPROVED APRIL 19, 1881, LYING WITHIN THE
FOLLOWING DESCRIBED BOUNDARIES:
IN THE CITY OF CARLSBAD, COUNTY C
BEGINNING AT A POMT ON THE EAST LINE OF SAID NORTHWEST QUARTER
TI-KE SOUTIEAST CORNER OF SAD NORTHWEST QUARTER; THENCE ALONG Si
EAST LE S3O36'28"E 68.43 FEET TO SAID SOmST CORN-Ek, THENCE ALO THE: SOUTH LINE OF SA113 NORTHWEST QUARTER S89"31'00"W 1249.81 FEET
THE'SO-ST CORNER OF SAID NORTHWEST QUARTER, THENCE ALONG 1
WEST LMJE OF SAID NORTHWEST QUARTER NS"11'56"W 177.46 FEET; THE3
LEAVING SAID WEST LINE 581"12'40"E 158.42 FEET; THENCE S67"34'57"E 98.83 FE
THENCE S83"28'13"E 65.75 FEET; THENCE S89"35'37B 275.52 FEET; THE?+
N89'52'03"E 292.04 FEET; THENCE S85"54'26"E 381.71 FEET TO THE PON
BEGINNING.
SAID SOUTHWEST QUARTER DISTANT THEREON N3°36r28f'W 68.43 FEET PR(
APFroved by the Local Agency Fomtron Commission of sen Dw
R8 - 5 1996
- Exhibit A
12/95 JGRO .
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Resolution 94-30
FINDINGS AM> STA"T OF OVERRIDING CONSIDERATIONS OF THE CITY COUNCIL OF THE CITY
IMPACT REPORT FOR THE EiiCNTAS RANCR SPECIFIC
PLAY, LEUCADIA BOULEVARD ALIG"T AND ANNEXATION
OF THE ECKE SPHERE OF INFLUENCE
OF ENCIMTAS REGARDING THE FINAL LWOWTAL
The City Council of the City of Encinitas hereby makes the following Fhi
and Statement of Overriding Considerations concerning the Find Environmental Impact R
(FEIR), identified as State Clearinghouse No. 93121012, for the Encinitas Ranch Specific
the Leucadia Boulevard Alignment and the Annexation of unincorporated territory into the
of Encinitas and into appropriate utility districts pursuant to the California Environmental Q
Act ("CEQA"), Public Resources Code Section 21000 et sea., and its implementing guide
14 California Code of Regulations Section 15000 et seq.
I.
FTNDTNGS
Section 15091 of the CEQA guidelines provides, in pertinent part, as foll
(a) No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more
significant environmental effects of the project unless the public
agency makes one or more written findings for each of those
significant effects, accompanied by a brief explanation of the
rationale for each finding. The possible findings are:
(1) Changes or alterations have been required in, or incorporated
into, the project which avoid or substantially lessen the significant
environmental effect as identified in the final EIR.
(2) Such changes or alterations are within the responsibility and
jurisdiction of another public agency and not the agency making
~dl~~old:l~p0d~d62994.~~ l(6-22-94)
Exhibit B
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the finding.
agency or can and should be adopted by such other agency.
(3) Specific economic, social, or other considerations make
infeasible the mitigation measures or project alternatives identified
in the find EIR.
Such changes. have been adopted by such other
1. Findings Regardine Potential Significant Adverse Tmoacts Which Can Be Mitigated.
The analysis presented in the FEIR determined that the potential significant
adverse impacts discussed below can be mitigated to a level of insignificance by adopting the
mitigation measures proposed. All mitigation measures under the jurisdiction of the City as
listed below and contained within the FEE? are hereby adopted and shall be incorporated intc
the project as approved. Pursuant to Section 15091(a)(l), the City Council does hereby find thai
changes or alterations have been required in, or incorporated into, the project which will avoic
or substantially lessen the significant environmental effects listed below and identified in the Ern:
a. Geoloev and Soils.
Sionificant Effect: The FEIR identifies liquefaction or settlemen
of alluvium and uncornpacted fills, unstable cut slopes in Terrace Deposits and Torre)
Sandstone, expansion of clays and erosion of earth materials on-site, and reduced infiltration an(
increased surface runoff as potential impacts associated with geologic and soil conditions withh
the study area.
Facts in Sumort of Findins: The project applicant shal
implement adopted impact control measures by complying with Encinitas Municipal Cod(
Section 23.24.170 and 23.24.180 (grading ordinance), including preparation of subsurface soi
and geology investigations, by a registered soils enginex and certified engineering geologist, a
required by the City Enginer prior to site development, and incorporation in the grading plan
or specifications the recommendations of such investigations as approved by the City Engineer
State registered geologist and engineers also shall conduct comprehensive geotechnica
investigations, including subsurface evaluations and implementation of control recommendations
prior to site development and construction of the Leucadia Boulevard extension.
b. Hazardous Materials.
Significant Effect: The FEIR identifies subsurface pesticides
herbicides and copper in agricultural fields and plant refuse stockpile areas, pesticides, herbicide
and copper in water in Lagoons 1 arid 2, petroleum products in contaminated soil stockpiles, tw
abandoned underground diesel storage tanks, subsurface hazardous materials and vehid
maintenance, chemical storage and greenhouse locations as potential impacts associated wit
hazardous materials in the study area.
~dl~dd:l~p0rul~~C62994 .CC 1 (6-22-94)
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Facts in SuDport of Findins: The project applicant shall wni using licensed and/or registered site assessors, site specific hazardous materials assessmer
certain locations specified in Section 4.2.3 of the FEIR, prior to site development
construction of the Leucadia Boulevard extension. The project applicant shall irnpleme;
remedial measures recornmended in the site specific assessment as necessary.
c. Hvdroloev and Gradin&
0 Sieniitcant Effect: The FER identifies potential impacts
study area: (i) to hydrology and water quality due to increased runoff peak flow, varying 12 percent to 25 percent, in tributary basins A, B, C, D, E, G, H, J, K and L, new or incx urban nutrient pollutant sources, varying from 18 percent to 156 percentT in tributary basi
B, C, D, E, G, H, J, K and L, and sediment from new development in tributary basins
C, D, E, F, G, H, J, K and L; and (ii) to grading and slopdflood plain encroachment (
graded bank heights greater than 30 feet on 19.7 acres, encroachment into slopes with gra
of 25 percent or steeper, with net encroachment of 24.6 acres or 24 percent, and encroac
into the tributary drainage channel and Encinitas Creek flood plain of 15.7 acres of open
recreational uses and channel (i.e.: mitigatiodwetland) improvements.
The project applicant implement adopted control measures to mitigate potential impacts to hydrology and water ( by complying with Encinitas Municipal Code Section 23.24.140 (grading ordkance),
requires a grading plan for grading operations, Sections 23.24.150 and 23.24.160 (g
ordinance), which require interim and final erosion and sediment control plans for g
operations, Section 23.24.380 (grading ordinance), which requires an erosion control systi
grading operations, Section 23 -24.480 (grading ordinance), concerning drainage and grade
terracing to control run-off, section 23.24.5 10 (grading ordinance), concerning requireme
planting of slopes, and Section 23.24.370, which controls wet season work. The applica
shall comply with all water quality and discharge guidelines and requirements of the State
Quality Control Board and the Environmental Protection Agency. The project appficar
conduct site specific comprehensive hydrology studies, including peak run-off, water C
erosion and sedimentation, as described in Section 4.3.3 of the FEIR, and shall imp
control measures recommended by such investigations as necessary. The project applicar
install: (i) flood detention basins; (ii) on-site urban pollutant filtration basins and/or bio
and (iii) on-site sediment trapdbasins in the Quail Hollow East, North Mesa, Qua3 C
East, East Saxony, West Saxony, South Mesa and Gr&n Valley planning areas. The applicant shall SO install on-site sediment trapsibasins in the Sidonia East planning are project applicant shall implement irrigation and fertilizer management programs for tl
course in the Quail Hollow East, North Mesa and South Mesa planning area and the ope1
recreational facilities in Green Valley. Graded banks shall not exceed 30 feet in heighl
feasible for site specific development. All graded banks greater than 15 feet high sht
contour, or land-form graded. Graded bank slope increments should vary and banks u
both vertically or horizontally. The project applicant shall reduce encroachment of steeI
in excess of the allowance by withdrawing grading from the steep slopes in the Quail
Facts in Sumort of Findins:
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cdlcrold:lreporulsr062994.cc 1 (6-22-94)
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' East and North Mesa planning areas as described in the FEIR as the Reduced Effects on
Sensitive Resources Alternative. Bridge structures for roadways to span the Encinitas Creek
flood plain shall be instaLled. The applicant shall prepare a site specific hydrology study and
drainage control plan, prior to development, and shall implement measures recommended in the
plan to minimize the effects of flood plain encroachment and channel relocation by providing
an open, soft bottom environmental channei with vegetative linings, drop structures and other
energy dissipating structures, taking into account necessary Green Valley off-stream urban pollutant and sediment control measures. The Encinitas Creek flood plain encroachment by commercial and mixed use development in the Green Valley Planning Area shall be mitigated
through an amendment to Land Use Element Policy 8.2 to allow flood plain intrusion for limited
reconfiguration of the floodplain to improve the overall storm water drainage system relative to the El Camino Real section of the Encinitas Creek corridor.
d. TopoeraDhic Alteration and Visual Ouality.
Significant - Effect: The FEIR identifies potential impacts: (i) to
landform alteration due to graded banks in excess of 30 feet in height on 19.7 acres of the study
area, encroachment on slopes with a gradient in excess of 25 percent on 24.6 acres or
24 percent, and substantial modification of 25.5 acres of the Encinitas Creek flood plain and
channel; and (ii) to visual quality due to potential partial view blockage and scenic vista
degradation from Sidonia Street, the Sidonia neighborhood and Quail Botanical Gardens, possible
degradation of scenic vista from ET Camino Real and Garden View, Mountain Vista and
Amargosa neighborhoods, visibility of the Leucadia. Boulevard bluff grading and visibility of the
Olivenhain Municipal Water District Wanket Reservoir site.
Facts in Su~uort of Findinq: The project applicant shall
implement adopted impact control measures by complying the requirements of Encinitas
Municipal Code sections 23.24.450, 23.24.460 and 23.24.490 (grading ordinance) which
regulate cuts and fills and require rounding, blending and planting of slopes. Graded bank
heights shall not exceqi 30 feet where feasible for site specific development. ALl banks
exceeding 15 feet in height shall be contour graded. Encroachment of steep slopes in excess of
the IO percent allowance and modification of the Encinitas Creek flood plain and channel shall
be mitigated through implementation of the Reduced Effects on Sensitive Resources alternative
and by amending General Plan Land Use Element Policy LU 8.2 to allow flood plain intrusion
for limited reconfiguration of the floodplain to improve the overall storm water drainage system
relative to the El Camino Real section of the Encinitas Creek corridor. The applicant shall
mitigate possible partid view blockage and scenic vista degradation by implementing the Specific
Plan Zoning Ordinance Sections 6.5.2, 6.6.2, 6.7.2, 6.8.2 and 6.9.2 development standards
concerning building height limits, specific standards, site planning, accessory structures,
auxiiiary structures/equipment, walls and fences, storage, parking and landscaping. The
applicant also shall comply with design guidelines and design review for all development.
Specific Plan General Planning Standards for the North Mesa planning area shall be implemented
for landscape screening around the water tank facility to visually separate and screen tanks from
surrounding areas.
~dl~dd:lnp0rul~r062994.~~ 1 (6-22-94)
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e. Culturai Resources and Paleontolony.
Sipn;Gcant Effect.. The FETR identifies potential impacts: ( historical resources due to possible degradation of the architectural character of the Groh H
by construction of a noise attenuation banier/wall and possible destruction or disturbanc
destruction or disturbance of subsurface paleontological resources in Terrace Deposits
Torrey Sandstone.
The project applicant implement the measures recommended in Section 4.6.3 of the FEIR, which are hcorpo
herein by this reference. The noise attenuation barrier for the Groh House, if necessary,
be designed and constructed of materials complementary to the architect~~d character o
building. Historical architectural equipment shall be relocated as necessary and, if not ret
by the present owner, donated and/or sold to an historical society or other interested part
preservation and display. The applicant shall implement a monitoring program for gr
Section 4.6.3 of the FEIR, including the recovery and preservation of important fossils, il
exposed during development activities.
historid agricultural equipment; and (ii) to paleontolo@d resouTca due to the pos
Facts in Suuuort of Findinq:
activities, conducted by a qualified paleontologist, which shall include the activities specif
f. Land Use Cornuatibilitv.
Sienificant Effect: The FEm identifies potential impa current and future land uses and community character compatibility due to possible conflict
adjacent residential, religious retreat and open space uses where other uses extend to cox
boundaries in the study area.
Facts in Suuwort of FindinP: The applicant shall impleme Specific Plan General Planning Standards, which require landscape buffering don
perimeters of the Specific Plan area, including landscape buffers between proposed and w
development in the Quail Hollow East, East Saxony and Quail Gardens East planning
screen landscape treatments around the existing and future water tanks in the North
planning area, between the school site and existing and future residential development and
West Saxony planning area along on the north and westbound boundaries, as speck
section 4.7.3 of the FEIR. The applicant also shall implement the Specific Plan 1
Guidelines, Special Treatment zone for high intensity land uses, including the rt
commercial, mixed use and multi-family areas, including the optional multi-family and ho
uses in the North Mesa pIanning areas.
edge conditions in the Quail Hollow East planning area, blended transitional zones and t
g. General Plan Consistencv.
Significant Effect: The FEIR identifies potential impact!
following elements and/or policies of the General Plan: (i) Land Use Element impacts
cdlcdd :/~p0ru/~d62994.~~ l(6-22-94)
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imnsistencies with Policy 8.5 as a result of encroachment and alteration of the Encinitas Creek
flood plh in Green Valley, steee slopes of finger canyons in the Quail Hollow East and North
Mesa planning areas and biotic habitat in finger canyons under the special study overlay zone,
with Policy 8.2 as a result of intrusion into the 100-year flood plain by the multi-family and
regional commercial center structures in Green Valley, with Policy 8.6 as a result of associated
fU.l significantly redirecting flood flows and requiring modifications to the floodway, and lack
of full preservation of significant natural features, and with Policy 8.8 as a result of traffic
e, veneratim (68,037 ADT) in excess of the 25,000 ADT cerling; (ii) Housing Element impacts
due to inconsistencies with Policy 3. I 1 as a result of the encroachment into steep slopes and
finger canyons in the Quail Hollow East and North Mesa planning areas and intrusion into the
Encinitas Creek flood plain in Green Valley; Circulation Element impacts due to inconsistencies
with Goal 5 as a result of portions of Leucadia Boulevard exceeding the 85-foot wide major
roadway right-of-way, and inconsistencies with circulation plan classifications for Leucadia
Boulevard (major roadway), Via Cantebria (major roadway) and location of the Garden View
Road extension; (E) Resource Management Element impacts due to inconsistencies with Policy
4.9 as a result of flood plain intrusion in the Green Valley planning area, with Policy 9.9 as a
result of changing the natural drainage channel, with Policy 10.1 as a result of encroachment
of steep slopes supporting sage scrub in the Quail Hollow East and North Mesa planning areas,
and with Policy 10.5 as a result of encroachment into contiguous c~a~ral sage scrub in these
areas; and (id Noise Element impacts due to inconsistency with Policy 1.6 as a result of
unmitigable or partially mitigable noise levels along portions of Leucadia Boulevard. .
Facts in Su~~ort of Findin?: The project applicant shall rectify
certain inconsistencies with policies of the Encinitas General Plan by proposing amendments to
the following elements of the General Plan, as specified in Section 4.8.3 of the FEIR: amend
the Circulation Element to reclassify Leucadia Boulevard to an augmented major roadway, to
reclassify Via Cantebria to an augmented collector roadway and to relocate Garden View Road;
amend the Land Use Element Policy 8.8 and the Circulation Element Policy 2.23, Goal 5,
Policy 5.3 and page C-26 concerning Leucadia Boulevard improvements; amend the Noise
Element Policy 1.6 concerning roadway projects noise mitigation measures where feasible. The
applicant also shall redesign the Specific Plan to withdraw from steep slopes in accordance with
encroachment allowances, to withdraw flood plain encroachments in accordance with
requirements of Land Use Element Policy 8.2, and to withdraw from Diegan sage scrub and
southern maritime chaparral as described in the Reduced Effects on Sensitive Resources
Alternative. In the alternative, the applicant may propose amendment to Land Use Policy 8.2,
as specified in Section 4.8.3 of the FEIR, to address encroachments in the flood plain.
h. Aniculture.
Significant - Effect: The FEIR identifies potential impacts due to
real or perceived conflicts with adjacent residential and community uses where agricultud
operations extend to common boundaries in the study area.
Facts in Supuort of Finding: The applicant shall comply witk
~dl~~ld:l~p0r(Jl~r062994.~~ l(6-22-94)
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Specific Plan General Planning Standards by installing a landscape buffer, as describe
Section 4.9.3 of the-FEIR, between Specific Plan areas designated and classifid for agricultr
uses and adjacent urban uses.
i. Traffic.
Sienificant Effect: The FEfR identifies potentid impacts ir study area due to: (i) deficient conditions in long range intersection ICU values for
intersections of El Camin0 Real at Olivenhain Road, €1 Camin0 Real at Woodley Road, Sa:
Road at La Costa Avenue, El Camino Real at La Costa Avenue and El Camino Real at (
Barcelona; (ii) deficient conditions in interim year intersections of Saxony Road at En&
Boulevard, the northbound ramps of the 1-5 interchange with Encinitas Boulevard, El Car
Road at La Costa Avenue; and (iii) deficient access roads to the commercial center.
Facts in SUDDOT~ of Findinq: The project appbnt shd fit long range intersection deficient conditions by payment of project share fees through the city
transportation improvement program and by implementing a public facilities financing
(development agreement) which shall include provisions for payment of the applicant’s fair :
of costs for traffic improvements required because of the Specific Plan. The project appi
also shall construct the traffic improvements specified in Table 4-24 of the FEE, inch
construction’of Via Cantebria in the Specific Plan area, participating in construction o
northward extension of Via Cantebria, construction of a new intersection of Via Canteb~
Leucadia Boulevard, adding a northbound free right-turn lane on El Camino Real at OLivei
Road, and adding a shared westbound left/through-lane for El Camino Real at Woodley.
applicant shall mitigate interim intersection deficient conditions by implementing a p
facilities fmancbg plan (development agreement) which shall include provisions f01 iippkarlt’s payments for its fair share of costs for traffic improvements required because (
specific Plan. The project applicant also shall construct the improvements spsified in ‘
4-24 of the FETR, including construction of a segment of Leucadia Boulevard adjacent t
Specific Plan area, installation of a traffic signal for the access road at Leucadia Boulevarc
northbound left-turn lane, a second southbound left-turn lane and separate southbound righ
lane, a third southbound through-lane and dual westbound left-turn lanes for El Camin0 R
Olivenhain Road, construct a west leg of the new intersection and add southbound right-tun
for El Camino Real at Woodley, and add a third westbound through-lane for Saxony Rc
Encinitas Boulevard. The applicant shall mitigate the deficient access to the pro
commercial center by configuration of the access drives for Leucadia Boulevard, El Camin(
and Via CantebndGarden View Road as specified in Table 4-25 of the FEIR. The F
applicant also shall develop with the cities of Encinitas and Carlsbad a joint fair share fo
in which the project applicant shall participate on a fair share basis, for additional improve
to intersections located in the City sf Carlsbad on Saxony Road at La Costa, EI Caminc
at La Costa, and El Camino Real at Calle Barcelona.
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Red at Olivenhain Road, the commercial district access road at ILeucadia Boulevard and Sa
~dl~rold:f~p0nsl~r062994.~~ l(6-22-94)
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j. Noise.
Significant Effect: The FEIR identifies potential impacts dl
excessive noise levels: (i) from short-term construction activities encroaching into prope
occupied by sensitive receptors; (ii) along circulation eIement roadways of the Specific
which encroach into the propenies of sensitive rece2tors; (3) from commercial, office, sc€
community and active recreational uses which encroach into properties of sensitive recep and (iv) along the setion of Leucadia Boulevard to be improved, which encroach intc
properties of sensitive receptors.
The project applicant :
implement adopted impact measures by complying with Encinitas Municipal' C
Section 9.32.140 (noise ordinance), to regulate construction noise, and Section 23.24
(grading ordinance) to regulate the time of grading operations. The applicant shall con
comprehensive acousticai studies, using a qualified acoustician, prior to site develop1
involving sensitbe receptors along circdation element roadways, commercial, office, sch
community and active recreational uses adjacent to sensitive receptors, and prior to construc of Leucadia Boulevard improvements dong the existing section. The applicant shall impier
recommendations of such studies as necessary for adequate noise Ievel attenuation, such as w<
earth berms, woodcrete, or combinations thereof, as well as mechanical equipment enclos
and insulation.
Facts in Support of Finding:
k. PubIic FaciIities and Services.
0 Simificant Effect: The FEIR identifies potential impacts: (
water service due to impiementation of pianned domestic water supply distribution facztie
the San Dieguito Water District, the Olivenhain Municipal Water District and-the San Elijo J
Powers Authority, the siting and implementation of reservoirs pIanned by the San Dieg
Water District and the OIivenhain Municipal Water District and the extension of pipelines
additional improvements; (ii) to sewer service due to the study area being outside the L~UC
County Water District current service area, sewer demand greater than the Encinitas Sani
District and Leucadia County Water District projections, implementation of pianned se
transmission facilities and the extension of pipelines and additional improvements; (iii) to
protection services due to implementation of pIanned fire operational resources of the Encir
Fire Protectio'n District needed as development occurs in the study area, including the sitin,
an Encinitas Fire Protection District station in the Green Valley pIanning area; and (iv) to scf
services due to anticipated demand in excess of the planned permanent facility capacity of
Encinitas Union Elementary SchooI District and the San Dieguito Union High School Dist
Facts in Sup~ort of Findinq: The applicant shall prepa
hydraulic analysis of precise pians and/or individual entitlements (e.g., tentative maps and
permits), prior to development, as required by the San Dieguito Water District, OIivenl
Municipal Water District and San Elijo Joint Powers Authority. A water reservoir site shd
selected by San Dieguito Water District and Olivenhain Municipal Water District as neces:
cdlcm/d :lrtp0ns/~rO62994 .CC I (6-22-94)
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prior to development of the golf course in &e North Mesa planning area. The Leucadia C(
Water District shall annex portions of the Specific Plan in its current service ara pd providing Sewer service. Tne applicant shall prepare a ffow analysis of precise plans a
individual entitlements, and shall pay all required fees and insd d required improve
within the planning areas, prior to their implementation, as required by the Encinitas Sa
District and the Leucadia County Water District, The applicant shall pay fire protedo
as required by the Encinitas Fire Protection District prior to implementation of indi
entitlements. A fire statim site shall he select& by fie Enchita~ Fire Protection Dish
necessary prior to deveiopment of the Green Valley planning area. The applicant shall entl a development agreement with the Encinitas Unified Elementaq School District and tL
Dieguito Union High School District for fees, or for land for a school site, to offset !
facility impacts. The applicant shall work with the school districts to develop a school f
financing plan as necessary. The Encinitas Unified Elementary School District shall a1
an elementary school site prior to development of the East Saxony and South Mesa pl;
Findings Regardine Unavoidable Impacts Which Cannot Be Mi
areas.
2.
Below a Level of Significance.
The analysis presented in the FEE! determined that three impacts be mitigated below a level of significance after feasible mitigation measures have been a
for the proposed project: (I) Biological Resources; (2) Noise; and (3) Air Quality.
Pursuant to CEQA Guidelines Section 15091(a)(3), the City Councj that, although changes, alterations or conditions have been incorporated into the project
will avoid or substantially lessen the significant environmental impacts of the'project, th
significant effects listed below cannot be mitigated to fully acceptable leveis and s
economic, social or other considerations make the mitigation measures or the project alten
identified in the FEIR infeasible as a means of diminishing or avoiding the PC
environmental harm. Pursuant to CEQA Guidelines Section 15093, a Statement of Ove
Considerations, balancing the benefits of the proposed project against its unav
environmental risks, is set forth in Section 11 below.
a. The significant unavoidable adverse impacts for which tf
Council hereby makes the finding of Section l509l(a)(3), and the mitigation m
incorporated into the project, are as follows:
(1) Bioloeical Resources,
. Simificant Effect: The FEIR identifies potentid : due to: loss and disturbance of Diegan sage scrub, southern maritime chapanal, southern
riparian woodland, southern riparian scrub, coastal and valley freshwater marsh, dj
wetland, southern willow scrub, and mulefat scrub; fragmentation and isolation of a larg
of bluff scrub and chaparral habitat by the extension of Leucadia Boulevard; the 1
cdlctold:/rrporulsr062994.~~ l(6-22-94)
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disturbance of Encinitas baccharis, Del Mar- manzanita, Del Mar sand aster, Nuttall’s scrub oak
and California adolphia; the loss of habitat for the California gnatcatcher; the elimination or
interruption of wildlife dispersal across a large block of bluff sage and chaparral habitat by the
extension of Leucadia Boulevard; the localized division of bluff habitat from Encinitas Crek
. riparian habitat by development; and the disturbance of habitat by artificial lighting and intmsion
by humans and domestic animals.
. Facts in Su~oort of Finding: The project applicant shall
prepare, prior to development, an impacted sensitive vegetation and sensitive species and or
acquisition plan, which shall consist of two parts: an overaIl concept and strategy for the entire development site, which shall by completed prior to any on-site disturbance of identified
impacted resources; and particuIar requirements for individual sectors of the site, which shall
be completed on a sector by sector basis prior to on-site disturbance of identified impacted
resources in each respective sector. The plan shall satisfy the mitigation requirements specified
in Section 4.5.3 of the FER The applicant shall implement the mitigation measures of
Section 4.5.3 of the FEIR, including: replacement of Diegan sage scrub on-site by restoratior
of disturbed open space areas and off-site by acquisition and restoration of disturbed areas 01
acquisition of existing scrub and placement in permanent open space; off-site acquisition o
southern maritime chaparral and placement in permanent open space; replacement of southen
willow riparh woodland, southern willow scrub/mulefat scrub/freshwater marsh/disturbec
wetlands, southern riparian scrub on-site in the Encinitas Creek environmental channeVflooc
plain open space; replacement of Encinitas baccharis on-site by propagation and introduction kt(
sage scrub restoration locations; replacement of Del. Mar sand aster on-site by propagation an(
introduction into sage scrub restoration locations; replacement of California adolphia off-site b
chaparral with substantial populations of adolphia and placement in permanent open space
acquisition of existing southern maritime chaparral with substantial populations of Del Ma
manzanita and Nuttall’s scrub oak and placement in permanent open space; construction of
wildlife bridge over the Leucadia Boulevard extension through bluff located where wildlif
movement occurs; and instaliation of a wildIife corridor along the north boundary connectin
bluff and riparian habitats. The applicant also shall implement Specific Plan General Plannin
Standards requiring minimum width rear yard and wall or fence at edge of open space i
residential areas and with Zoning Ordinance Sections 6.7.2, 6.8.2 and 6.9.2 Developme!
Standards requiring shielding of outdoor lighting.
.
. acquisition and restoration of disturbed areas or acquisition of existing southern rnaritim
(2) Noise.
0 Sio,nificant Effect: The FEIR identifies potentid impac
due to excessive noise levels along-both sides of the segment of Leucadia Boulevard, from I to Saxony Road, encroaching into the properties of sensitive receptors. Noise attenuatil
measures also will be inadequate for any second story outside balconies within the noiseimp2
con tour.
-
cdlcdd :fr~p0rrs/~d62994.~~ I(6-22-94)
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Facts in Support of Finding: The applicant shall con
comprehensive acoustical studies, by a qualified acoustician prior to site development, and :
implement recommendations of the studies as necessary. Adyuate noise attenuation meas
wa be of doubtful effectiveness and may be aesthetically unaccqtable because nets
barriers dong the roadway must be at least eight feet high to achieve meaningful I
reductions. In addition, there will be gaps in the barriers as a result of driveways come
lots directly to the roadway, which will degrade barrier noise attenuation. Noise barriers
height necessary to achieve adequate attenuation generally are considered visually unplea
particularly along a long corridor with stretches of intermittent wails and no walls.
(3) Air Ouaiity.
Significant Effect: The FEIR identifies potential impacts d
excessive levels of PMlO h fugitive dust from short-term construction activities, excessive 1
of CO and Nox from vehicles in "cold start" modes of operation and excessive loca
pollutant levels from traffic congestion.
Facts in Suu~ort of Findinq The project applicant
implement adopted control meaSureS by complying with City of Enchitas Municipal
Section 23.24400 (grading ordinance) to control dust from grading operations. The pi
applicant shall comply with State Implementation Plan and the Regional Air'QuaIity Str requirements. The project applicant also shall implement the mitigation measures for pot1
impacts due to traffic which are specified in Section 4.10.3 of the FEIR and are incorpc
here by this reference.
.
b. The project will result in significant adverse impacts on biolc
resources, noise and air quality after implementation of all feasible mitigation measures.
chief goal of CEQA is mitigation or avoidance of environmental harm. Alternative:
mitigation measures fulfill the same function of diminishing or avoiding adverse environn
effects. When a significant impact remains after implementation of mitigation measui
reasonable range of alternatives must be analyzed and either adopted or shown to be infe
as a means of reducing or preventing harmfui effects on the environment. Section 1534 '
CEQA Guidelines defines "feasible" as "capable of being accomplished in a successful m:
taking into account economic, environmental, legal, social and technological factors."
The FEIR analyzed six design alternatives, four alter:
development sites and the no project alternative in addition to the proposed project.
following summarizes the feasibility of these alternatives as a means to reduce or avo
significant unmitigated impacts associated with the project:
(1)
- (a) Bioloeicd Resources.
Although the significant impact has been redu
the extent feasible by the design considerations and mitigation measures identified in the
and incorporated into the project, the impact on biological resources cannot be mitigated
acceptable level.
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The City Council finds that, although the project’s
effect on this impact could be avoided by the no project alternative, such alternative is infeasible
because it would not attain the project objectives and would not provide the City with the
benefits of the project described below. Neither project alternatives nor mitigation measures are
capable of avoiding this impact. The City Council further frnds, however, that the Reduced
Effects an Senskbe Rcseutces Alternative may substaddy Iessen this hpact. The city Council further finds that, although the strict adherence to Encinitas General Plan cntena and
County jurisdiction alternatives may lessen this impact, such alternatives are infeasible because
they wodd not attain the project objections as presented in the Specific Plan proposal and would not provide the City with the benefits of the project described beIow. The significant impact is
acceptable when balanced against the mitigation measures adopted to reduce project specific
impacts and the facts set forth above and in the Statement of Overriding Considerations below.
@) Noise.
Although the significant impact has been substantidy
reduced to the extent feasible by virtue of the design considerations and the mitigation measures
identified in the FEIR and incorporated into the project, impacts related to noise remain.
The City Council finds that, although the no projecl
alternative can avoid this impact, such alternative is infeasible because it would not attain the
project objectives and would not provide the City with the benefits of the project. Tht remaining project alternatives which involve development requiring the extension of leu cad^
Boulevard also would result in essentially the same impact. Neither project alternatives noi
mitigation measures are capable of avoiding this impact. The significant impact is acceptable
when bdanced against the facts set forth above and in the Statement of Overriding
Considerations below.
(c) Air Oualitv.
Although thesignificantimpact has been substantiall) reduced to the extent feasible by virtue of the design considerations and the mitigation measure:
identified in the FEIR and incorporated into the project, the impact on air quality cannot bc
mitigated to a leve1 of insignificance.
The City Council finds that, although the project’<
effect on this impact could be avoided by the no project alternative, such alternative is infeasiblr
because it would not attain the project objectives and would not provide the City with th(
benefits of the project. All other alternatives evaluated in the FEIR result in essentially the saml
impacts as the proposed project, except the strict adherence to Enchitas General Plan Cnten;
and County jurisdiction alternatives. These two alternatives would result in substantia
reductions in traffic volumes and resulting impacts on air quality, reducing it to a level 0
insignificance. The City Council finds, however, that these alternatives are infeasible becausi
they would not attain the project objectives and would not provide the City with the benefits 0
the project. Neither project alternatives nor mitigation measures are capable of avoiding this
cdIcmld:lnporulsr062994.c~ 1 (6-22-94)
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impact. The significant impact is acceptable when balanced against the facts set forth ab07
in the Statement of Overriding Considerations below.
The FEIR presents an evaluation of six desi, *n altern: (2)
four alternative locations and the no project alternative to the proposed Specific Plan.
include:
(a) Reduced efiects on sensitive resources;
@) Different Leucadia Boulevard alignment;
(c) Reduced effects on Encinitas Creek flood pl
(d) Different uses and use configuration;
(e) Strict adherence to general plan criteria;
(f) County jurisdiction;
(g) Different locations; and
(h) No project.
The City Council hereby makes the finding Of CEQA Gui
Section 15091(a)(3) as set forth above for the three significant unavoidable impacts and p
the following facts in support thereof concerning the above alternatives:
ALTERNATW~S TO THE PROPOSED SPECTFTC PLAN
A. Reduced Effects on Sensitive Resources (ETR Section 5.1)
This alternative would redesign the project to withdraw from sensitive Dieg
scrub and southern maritime chaparral and to reduce steep slope encroachment, primad
Quail Hollow East and North Mesa planning areas. In these planning areas, the golf cou
single family development would be pulled back further from the finger canyons in the no
sector and away from the eastern bluff edge. There would be an increase in open s
approximately 39 acres, most of which would be natural area. The golf course WI reduced in size by 21 acres, while there would be an increase of a few acres of agricultui
The purpose of this alternative is io reduce effect on sensitive resources.
The City finds that this alternative would substantially reduce stel
encroachment, with a 55 percent reduction in encroachment into slopes with gradj
25 percent or steeper. Steep slope encroachment at 8 percent would be within the 10
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allowance for the site. Landform alteration& would be considerably reduced, particul=ly in
the Quad Hollow East planning area where high banks would be reduced in area and
encroachment of steep finger canyon areas lessened. The City Council further finds that this
alternative wouid considerably Iessen direct impact to sensitive biological resources, with a
24 percent reduction in impacts to Diegan coastal sage scrub, a 33 percent reduction in total
impacts to southern maritime chaparral, and elimination of impacts to southern riparian scrub.
Total impacts to sensitive p&t species also would be reduced.
The City Council further finds that all significant impacts from the proposed
project will be mitigated by the project and the adoption of the mitigation measures outlined in
the mitigation monitoring and reporting program, accept the impacts concerning biological
resources, air quality and noise. The City Council further fmds that this alternative will not
mitigate such impacts to a level below significance. However, this alternative meets project
objectives and considerably lessens project impacts on sensitive resources. Except for the no
project alternative, this alternative is considered environmentally superior to all other dternatives
and is the preferred alternative. For those impacts which cannot be mitigated to below
significance, the City Council has adopted the Statement of Overriding Considerations below.
B. Different Leucadia Boulevard Alignment @?X Section 5.2)
This alternative would redesign the alignment of the Leucadia Boulevan
extension. The FEE? considered four different alignments identified as follows: (i) Encinita Road Standards; (ii) Scheme I; (ii) Scheme II; and (iv) Scheme IE. The first three alia nnment
would be located to the south to maintain a larger continuous block of habitat north of th
roadway to Batiquitos Lagoon; the final alignment would move the roadway slightly to the nort
to reduce impacts to sensitive plant species, particularly Enchitas baccharis.
The City Council finds that the first alignment, which is based on exa
diagonal bluff cut, would result in considerable loss of sensitive Diegan coasral sage scrub a~
southern maritime chapanal, as well as numerous sensitive plants. Schemes I &d XI, which a
in general compliance with City standards, would reduce disruption to the bluff and would 1
responsive to localized biological constraints by being sited to minimize grading and avo
sensitive plants and habitat to the extent feasible for a functional roadway. With Schemes I a~ 11, the golf course would be relocated, the regional commercial center would have a differe configuration and there would be a substantial reduction in dwelling units. Scheme III wou
be similar to that in the Specific Plan, but would be located slightly to the north to reduce bh
grading and to avoid Encinitas baccharis.
compiiance with Encinitas public road standards, would require extensive recreating for
The City Council further fmds that all significant impacts from the propos
project will be mitigated by the project and the adoption of the mitigation measures outlined
the Mitigation Monitoring and Reporting Program, except the impacts concerning biologil
cdlcro/d:/rcpansls&2994.cc 1 (6-22-94)
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resources, air quality and noise. The City Council further finds that, although Schemes I II would result in fewer dwelling units which in turn would generate lower traffic volumes
reduced vehicle emissions, this alternative will not mitigate the impacts to biological resourc
air quality and noise to a level below significance. For impacts which cannot be rnitigatec
below significance, the City Council has adopted the Statement of Overriding Considerat
below.
C. Reduced Effects on Encinitas Creek Rood Plain (ETR Section 5.3)
This alternative would redesign the project to withdraw from the flood plai
the southern portion of the Green Valley planning area. This alternative would relocate
small commercial buildings, together with an additional building, adjacent to El Camino '
on each side of an additional access road crossing over Encinitas Creek, and would elimi
the recreational sports fields in order to Ieave the flood plain open in that location. The pur of this alternative is to reduce efiects on the Encinitas Creek flood plain.
The City Council finds that this alternative would lessen intrusion of the f
plain, would be consistent with Encinitas General Plan *Goals and Policies pertaining to 1
plain preservation, and would result in considerable modification of the flood plain and ch:
in the northern portion of the Green Valley project area.
The'City Cduncil finds that this alternative is impractical due to the fact ths
drainage channel south of the point where Encinitas Creek enters the Specific Plan Area pro
drainage runoff from urbanized areas, the channel has been adversely impacted by past atte
to place the channel into concrete swales, and the channel may be bridged to provide aca
developable areas outside the 100-year flood plain but closer to El Camho Red; the
increasing adverse visual impacts. In addition, the drainage channel is not currently capat
containing 100-year flood plain storm runoff which impacts existing improvements to El Ca
Real and the safety of its use to motorists. The improvements proposed by the Specific
would redirect the drainage channel to be closer to El Camino Real, improve the cham
adequately contain 100-year storm runoff volumes, enhance the channel with a riparian ph
program to restore a more natural condition, and provide for detention areas to filter
pohtants prior to them entering Encinitas Creek and Batiquitos Lagoon beyond.
The City Council further finds that all significant impacts from the pro
project will be mitigated by the project and the adoption of the mitigation measures outli~
the Mitigation Monitoring and Reporting Program, except the impacts concerning bioh
resources, noise and air quality. The City Council further finds that this alternative W
mitigate such impacts to a level below significance. For those impacts which C~XU
mitigated to below significance, the City Council has adopted the Statement of Over
Considerations below.
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D. Different Uses and Use Con&uration (EIR Section 5.4)
This alternative would provide for different uses and use configuration throughout
the Specific Plan area. Agricultural uses would be located in a continuous block in the South
Mesa planning area, single family residential uses would be located in all planning areas except
West Saxony and Green Valley, mixed uses would be located in the West Saxony and East
Saxony planning areas, Quail Botanical Gardens wouid be expanded into the East Saxony area,
community and educational facilities would be located in the South Mesa, North Mesa and
Sidonia East planning areas, a regional commercial center, recreational' uses and other mixed
uses would be located in the Green Valley planning area, and main vehicle transportation
corridors would be Leucadia Boulevard, Quail Gardens Drive, Via Cantebria and Garden View
Road. This alternative also would allow substantially more dwelling units, more
commercial/office space square footage, approximately 32 more acres of agricultural land and no golf course.
The City Council finds that this'alternative would allow more intensive land uses
than the Specific Plan, resulting in increased traffic volumes, vehicle emissions and demand for
services and that other impacts would be similar to or greater than those identified for the
Specific Plan. The City Council therefore rinds that this alternative'can be eIirninated from
consideration.
The City Council further finds that all si,gificant impacts from the proposed
project will be mitigated by the project and the adoption of the mitigation mwures outIined in
the Mitigation Monitoring and Reporting Program, except the impacts concerning biological
resources, noise and air quality. The City Council further finds that this alternative will not
mitigate such impacts to a level below significance. For those impacts which cannot be
mitigated to below significance, the City Council has adopted the Statement of Overriding
Considerations below. '
E. Strict Adherence to Encinitas General Plan Criteria (EIR Section 5.5)
This alternative would redesign the project to comply strictly with the criteria for
development set forth in the Encinitas General Plan. This alternative would involve a slightlj
larger study area, would reconfigure land uses, would substantially reduce the number 01
dwelling units and the total square footage of commercial and office uses, would allow 100,OOc
total square feet of industrial use, would increase the amount of agricultural land, wOU~
eliminate the golf course and would substantially reduce trafirc volumes.
The City Council finds that this alternative would meet most of the projeci objectives. The City Council further finds that this alternative, however, would not provide %
many dwelling units or as broad a range of housing opportunities as the Specific PIm, wouk
limit commercial service to a neighborhood center rather than a regional center, would result
cd/cro/d:/rcports/~r062994.~~ 1 (6-22L94)
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in fewer recreational opportunities and would allow industrid uses which could result in con
With surrounding areas. Accordingly, the City Council finds that this alternative is not fa
The City Council further finds that all significant impacts from the pro1 project will be mitigated by the project and the adoption of the mitigation measures outlin
the Mitigation Monitoring and Reporting Program, except the impacts concerning biolc
resources, noise and air quality. The City Council further fmds that, although this alten
will reduce air quality impacts to-a level of insignificance, this alternative will not mi impacts to noise and biological resources to a level below si, ~nificance. For impacts I
cannot be mitigated to below significance, the City Council has adopted the Stateme
Overriding Considerations below.
F. County Jurisdiction (EIR Section 5.6)
This alternative would not annex the Specific Plan area in the City of En1
and would redesign the project to comply with the General Plan and zoning requirements
County of San Diego. Among other differences in impacts, this alternative would allow :
1,190 dwelling units more than the Specific Plan, would have no commercial or office
would have approximately 126 more acres of agricultural land, and would eliminate th
course.
The City Council finds that this alternative would meet some of the 1
objections. The City Council further finds, however, that this alternative would prov
office space, no commercial services, fewer recreational opportunities, and would €
sufficient because, without annexation, both the City of Encinitas and the County of San
would be involved and the value of any future entitlements have the provision of sen
future development. Accordingly, the City Council finds that this alternative is not fa
The City Council finds that all significant impacts from the proposed proje
be mitigated by the project and the adoption of the mitigation measuresouthed in the Mil
Monitoring and Reporting Program, except the impacts concerning biorogical resources
and air quality. The City Council further finds that, although this alternative would
substantially reduced traffic volume which would lessen air quality impacts to a 1
insignificance, this alternative would not mitigate impacts to noise and biological resoL
a level below significance. For those impacts which cannot be mitigated to below signij
the City Council has adopted the Statement of Overriding Considerations below.
G. Alternative Develoument Sites (ETR Section 5.7)
The following alternative sites were evaluated in the FEIR:
cdlcmld:lrepons/s~2994 .cc 1 (6-22-94)
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outlined in the Mitigation Monitoring and Reporting Program, except the impacts due tc
bioIogical resources, noise and air quality. The City Council fbrther finds that this alternativl
cannot be mitigated to below significance, the City Council has adopted the statement o
overriding considerations below.
will not mitigate such cumulative impacts to a Ievei below significance. For those impacts wfiicl
3. YasuddGim Prouerties
This alternative site consists of combined properties totalling approximatel:
45 acres on the north side of Manchester Avenue adjacent and east of 1-5. The site is partly L
agricultural use, with native vegetation on a bluff along the northern boundary. Surroundin land use is varied, with single family dwellings to the north, a community college to the east
an auto service station to the west and the San Elijo Lagoon Reserve to the south.
The City Council finds that this alternative site does not meet project siz
requirements for the regional commercial center and golf course. Steep slopes and sensitiv coastal sage scrub habitat which further reduce the developable area of this 45-acre site, makin
and east leave no adjacent land for possible combined development. The City Council furthe
finds that use for a commercial center would likely have significant impacts associated Wit
grading, biology, water quality, traffic, air quality, noise, General Plan consistency and land us
compatibility. Access is limited to Manchester Avenue and commercial use would generate
high volume of traffic. The site is designated for residential use and a General Plan amendmer
would be necessary, which would require extensive time for processing. The project sponso
does not own this site or adjacent properties.
it too small for a golf course or regional commercial center. Surrounding land uses to the sout
.
The City CounciI further finds that all significant impacts from th
proposed project will be mitigated by the project and the adoption of the mitigation masure
outlined in the Mitigation Monitoring and Reporting Program, except the impacts due t
bio1ogica.I resources, noise and air quality. The City Council further finds that this alternativ
will not mitigate such impacts to a level below significance. For those impacts which cannc be mitigated to below significance, the City Council has adopted the Statement of Ovenidin
Considerations beIow.
4. Hunt Prouerty
This alternative site has approximately 281 acres and is located in the Cit of Carlsbad along the west side of El Camino Real between La Costa Avenue on the north an
the northern boundary of the Specific Plan area on the south. Portions of the site have bee
used for agricultural purposes, with riparian woodland along Encinitas Creek padelin
El Camino Real and natural vegetation on .a bluff along the west boundary. Surrounding lan
uses are varied, with agricultural use to the south and west, vacant, naturally vegetated Iand t
the east (the Fieldstone La Costa project site), Batiquitos Lagoon to the north beyond La Cost
Avenue, and a neighborhood commercial center to the northeast at La Costa Avenue.
~dl~dd:/~p0nsl~r062994 .CC l(6-22-94)
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The City Council finds that the developable area for this Site wou reduced by sensitive southern maritime chaparral and riparian woodlands, making it too
for a golf course. This site would probably have enough usable area for a regionaf comm
center. Commercial development of this alternative site likely would cause impacts to g~
biology, water quality, traffic, air quality, noise and General Plan consistency. Commerci
would generate a high volume of traffic onto El Camino Real alone if no connection were
to Leucadia Boulevard. The site is designated for community commercial use and a Gc
Plan amendment would be necessary. There is a current proposal to develop 86 acres
600,000 square feet of commercial use on 56 acres and 400 multi-family dwelling units
acres. The project sponsor does not own the site.
The City Council further finds that all significant impacts fro proposed project will be mitigated by the project and the adoption of the mitigation me
outlined in the Mitigation Monitoring and Reporting Program, except the impacts (
biological resources, noise and air quality. The City Council further finds that this alter
will not mitigate such impacts to a level below significance. For those impacts which 1
be mitigated to below significance, the City Council h& adopted the Statement of Ova
Considerations below.
H. No Project (EIR Section 5.8)
The no project alternative is a default alternative required to be included
analysis by CEQA Guidelines Section 15126(d)(2). Adoption of the no project alternative
retain the existing jurisdiction of the County of San Diego and its General Plan designatic
would not preclude future development.
The City Council finds that although the no project alternative would eg
potential impacts that may result from the implementation of the proposed Specific J
would not preclude future development. There would be ongoing erosion of cultivata
in the Green Valley planning area and erosion and sedimentation of the Encinitas Creek C
which would continue to exacerbate off-site sedimentation of the creek and Batiquitos L
The City Council further finds that none of the project objectives would be achieved w
alternative. Without a specific plan for the area, there would be no guidance for its develc
into the future and the precise time frame for improvements to and the extension of Lx
Boulevard would be unknown. In addition, there would be reasonable projection as to WI
roadway and other missing links of the circulation system within the Specific Plan area
be completed.
The City Council further finds that all significant impacts from the PI
project will be mitigated by the project and the adoption of the mitigation measures out
resources, noise and air quality. The City Council further finds that, although these
could be avoided by the no project alternative, such alternative is infeasible because it W(
attain the project's objectives and would not provide the City with the benefits of the
the Mitigation Monitoring and Reporting program, except the impacts concerning bic
edlcrold:Irrpons/sr062994.~~ l(6-22-94)
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For those impacts which cannot be mitigated to below significance, the City Council has
adopted the Statement of Overriding Considerations below.
~d/~1dd:/~p0rul~r062994 .CC 1 (6-22-94)
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IT.
STATEMENT OF OVERRIDING CONSTDERATIONS
The = identifies three unavoidabie environmental impacts which cz
be mitigated below significance by the proposed project: biological resources; noise; an
quality. The City Cound has weighed the benefits of the proposed project against unavoidable environmental risks in determining whether to approve the proposed project.
Pursuant to CEQA Guidefines Section 15093, the City Council hc finds and states that the- benefits of the proposed project outweigh such unavoii
environmental risks, which are found acceptable due to the following overriding considerat
Biological resources are impacted to a level of significance t
extension of Leucadia Boulevard through the inland bluffs. This extension impacts ser
vegetation resources and bisects the vegetation habitat area. All alternatives extending Lei
Boulevard would result in some degree of significant impact to biological resources.
extension of Leucadia Boulevard from El Camino Real to the 1-5 Freeway is an esz component in the City’s General Plan Circulation system, Without the extension, City ’I Models indicate that the future buildout of the City, in accordance with the General Plan,
result in significant degradation of Levels of Service at intersections and road segments ne
Specific Pian area and in other parts of the City. The extension is necessary to accomn
City and regionally generated traffic at adequate Levels of Service. The project, ther cannot mitigate biological impacts to a level below significance since the City’s Generz
requires the Leucadia Boulevard extension. The project will implement, however, mit
measures intended to minimize the impacts on biological resources generated by the prc
the extent feasible.
a.
b. Noise generation levels can be mitigated to below a le
significance within the Specific Plan area by the implementation of adquate buffe
construction techniques to attenuate vehicle noise. However, noise impacts from the ’v
boundary of the site to the 1-5 Freeway will be significant dong Leucadia Boulevard due
proximity of existing residences and the fact that noise attenuation walls cannot be con:
.which do not have breaks in them for driveways and other access points to the prc
fronting Leucadia Boulevard. The extension of Leucadia Boulevard from El CmhO
the 1-5 Freeway is an essential component in the City’s General Plan Circulation
Without the extension, City Traffic Models indicate that the future buildout of the f
accordance with the General Plan, would result in significant degradation of Levels of
at intersections and road segments near the Specific PIan area and in other parts of t];
The extension is necessary to accommodate City and regionally generated traffic at a
Levels of Service. The project, therefore, cannot mitigate noise impacts dong L
Boulevard west of the Specific PI eve1 below significance since the City’s
Plan requires the Leucadia Boulev sion. The project will implement, h
’
~dl~r0ld:l1tp0nrl~r062994.~~ l(6-22-94)
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mitigation measures intended to reduce noise impacts below a level of significance within the
Specific Plan project area.
C. Air quality for San Diego County is in violation of state and federal
standards, resulting in any contribution to this existing problem to be considered cumulatively
significant. Mitigation of this existing problem can only be accomplished on a regional basis.
air quality generated by the project to the extent feasible.
The project will implement mitigation measures, however, inrentit4 to minimize the impacts on
d. The project will improve the general quality of development and
construction by mandating the specific goals, policies and regulations to guide development in
an environmentally sensitive manner on the project site.
e. The project will provide enhancement, restoration and maintenance
of improvements within the riparian corridor of Encinitas Creek and its tributary drainage
channel. The riparian area improvements will be subject to approval by the Amy Corps of
Engineers (404 Permit) and the California Department of Fish & Game (1603 Streambed
Alteration Agreement); in addition to the California Coastal Commission review process. Said
improvements are required as mitigation and are more specifically discussed in Section 4.3.3 of
the Final EIR.
f. The project will preserve approximately 60% of the Specific Plan
area in open space for sensitive vegetation preservation along the inland bluffs and within frnger
canyons on the site, in agricultural preserves (with greenhouse uses), and in recreational
preserves for a golf course (174 acres) and other recreational uses such as playing fields and
hiking trails.
g. The project will increase employment opportunities within the City by providing permanent employment opportunities in association with the commercial uses.
h. The project will result in a capital investment of several million
dollars in commercial resources in the City as evidenced by the projected cost of construction
and equipping the project.
i. The project will provide additional revenues to the City due tc
increased property and sales taxes as evidenced by the projected increase in assessed value Oi
the property and the projected sales revenues for the project.
The project will provide an expanded opportunity for purchasing
goods and services within the City at certain prices for which residents now travel outside the
City to obtain.
j.
Approved by the Local Agency Formation Commission of Sen Diego
cdlcdd :l~p0d~ro62994 .CC 1 (6-22-94) tfE8 - 5 1996
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STATEMENT OF DETERMINATIONS
CITY OF ENClNlTAS
"Leucadia Boulevard Reorganization"
ADOPTED AMENDMENT TO THE SPHERE VF INFLUENCE FOR TH€
The following statement of determinations is prepared pursuant to Section 56425 of
Government Code for designation of the area shown on the attached map as
amendment to the sphere of influence for the City of Encinitas.
(I) The present and planned land uses in the area, including agricultural i
open space lands.
The sphere amendment territory includes 3.3 acres adjacent to the current bound
between the Cities of Encinitas and Carlsbad. The area is currently vacant but will fc
a portion of the Leucadia Boulevard right-of-way when the road is extended
conjunction with development of the Encinitas Ranch Specific Plan.
(2) The present and probable need for public facilities and services in
area.
Please refer to (3).
(3) The present capacity of public facilities and adequacy of public servi
which the agency provides or is authorized to provide.
The purpose of the sphere of influence amendment and reorganization is to bring a
the Leucadia Boulevard roadway into Encinitas' jurisdiction. The City of Encin
provides municipal services within its boundaries. Since the sphere territory coni
only of road right-of-way, the extension of municipal services will not be necessary
The existence of any social or economic communities of interest in
area if the commission determines that they are relevant to the agenc
Social or economic communities of interest are not relevant to this sphere of influe
amendment.
(4)
wvoved by the L~l ngcncy Fornutm
Cornmisrton of b@n QH~
m-5'i995
Exhibit C
DATE: 1 2-06-1 995
SCALE: 1 "=200'
TRA.PG: 65-B "LEUCADIA BOULEVARD REOG."
ANX. TO THE Clr( OF ENCINITAS TRA:09135 DETACH. FR THE CITY OF CARLSBAD
DRAWN 8Y:JOSE GRO.
MAP P IN G D lVlS IO N
SAN DlEGO COUNTY ASSESSOR'S OFFICE
LAFCO: R095-
~~Ek3.03 AC
PG. NO:d 88.68
sn'225-01 I-''
T B.:1147-E4