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HomeMy WebLinkAbout1996-01-23; City Council; 13480; Annexation city of encinitas Detachment Leucadia Bl reorganization tax exchange agmt Leucadia Boulevard reorganization Res 96-279 3 0 E EL z 0 5 a 6 8 z 3 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 : 0 0 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) I- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e 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 v4 1 2 3 4 5 6 7 8 9 10 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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 e. . .. .. .. .. ., 9 . .: . .- .. . .. I .. . . .. . '. .. ,. .. .' .. .. . . - ,. ,.. .. - ... . .. . .. . .I 1 +A- J ~nn'nhi cc.nT CF;'n7 3317 O~ID-LSS-~W~~L awa NUS at LA1 0 0 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 0 0 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- 0 0 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 w 0 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. 2 0 0 (13) The Executive Officer is hereby authorized and directed to mail certif COpkS Offhis resolution as provided in Section 56853 of the Government Code. 3 @ 0 ’. 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 . w w ,i *. I. : <\ *. .. . .... - I 0. a 7. . 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 w m 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) 0 e .-e. 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: . cdlcrold:lreporulsr062994.cc 1 (6-22-94) W m ' 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) 0 0 . ... .. 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) w W 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) 0 0 .* . 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. - Red at Olivenhain Road, the commercial district access road at ILeucadia Boulevard and Sa ~dl~rold:f~p0nsl~r062994.~~ l(6-22-94) W e 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) 0 0 e. 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) w m .’ 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) e 0 -. '. 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. cdlcdd :/~~~0rtS/~d62994.~~ i (6-22-94) w W 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) 0 0 -. .. 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 cdlcmld:lrtpo&sr062994.cc l(6-22-94) 0 W 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) 0 a *. I$ .. 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. cdlc1~ldd~ponslstC62994~~ I (6-22-94) w W 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) 0 0 .._ 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) w m 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) @ * -.I - '. *- 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) w W 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) a e -- 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) - w W 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 e e -- 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