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HomeMy WebLinkAbout1996-01-23; City Council; 13492; Green Valley Master PlanCr" " OF CARLSBAD - AGE)"" GREEN VALLEY MASTER PLAN MTG. I -A3 -96 EIR 93-02/MP 92-01 /LCPA 93-06/LFMP 87-23 DEPT. RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 96 -37 CERTIFYING EIR 93-02, and APPROVING MP 92-01 , LCPA 93-06 and LFMP 87-23 and INTRODUCE Ordinance No. N$F 3q8 APPROVING MP 92-01. ITEM EXPLANATION On December 13, 1995 the Planning Commission conducted a public hearing on the Green Valley Master Plan. With a vote of 6-1 (Erwin), the Planning Commission recommended certification of the Environmental Impact Report and approval of the Master Plan, Local Coastal Program Amendment and Local Facilities Management Plan with no changes. On December 20, 1995 at a continued public hearing, the Planning Commission approved the Tentative Map as amended: to construct the trails as shown on the Tentative Map as private if the City does not accept liability as a public trail; to implement El Camino Real median improvements as designed for the Plaza de La Costa Real; and to provide a signal interconnect for signals on El Camino Real south of La Costa Avenue. The Tentative Map, Hillside Development Permit and Special Use Permit were approved by the Planning Commission subject to City Council approval of the Master Plan. Commissioner Erwin voted to deny the proposal because although the Master Plan includes development standards which are more restrictive than the Zoning Ordinance, he disagreed that for the sake of design flexibility it may also include standards which are less restrictive. He also felt that it was inappropriate to vote on this project since there is an initiative pending regarding the property. The master plan has been revised since Council last considered it. The revised master plan is referred to as the "Reduced Project Alternative" as reviewed and analyzed in the updated EIR for the project. The Reduced Project Alternative is composed of five Planning Areas, three of which are Open Space (Planning Areas 1, 4, and 5). Planning Area 2 limits commercial development to 300,000 square feet on 18.3 acres and Planning Area 4 is limited to 400 single family homes, detached and/or attached, on 55.8 acres (7.2 dulac). The overall Master Plan is 281.2 acres. Approximately 88.1 acres (32%) will be used for commercial, residential and roadway development. The Master Plan Land uses were determined through community forums and discussion with staff. The proposed actions are in compliance with all applicable plans, ordinances, standards and policies. The attached Planning Commission staff report dated December 13, 1995 provides further detail. A number of persons spoke during the public testimony. Concerns raised included adequate mitigation for urban runoff (pollutants), habitat mitigation ratios, the effect of the Carlsbad Ranch on cumulative traffic impacts, and a general dissatisfaction with the possibility of development on the property. Staff responded to the comments raised at PAGE 2 OF AGENDA BILL NO. / 3; 3 5 L Facilities Zone Local Facilities Management Plan Growth Control Point the public hearing. A full record of comments and the response to questions and comments from the public can be found in the Green Valley Final Program Environmental Impact Report dated December 1995 and the Planning Commission minutes dated December 13, 1995. 23 87-23 11.5 ENVIRONMENTAL REVIEW An Environmental Impact Report was processed addressing all of the discretionary approvals necessary for project approvals. The EIR was supplemented to include additional traffic analysis for the Encinitas Ranch Specific Plan and to discuss the Reduced Project Alternative. The report was found by the Planning Commission to be completed in compliance with City and State regulations. The project would result in significant cumulative impacts to air quality and traffic which cannot be fully mitigated. However, certification of the Final Master EIR 93-01, for the General Plan, by City Council Resolution No. 94-246, included a statement of overriding consideration for both air quality and circulation impacts which applies to all subsequent projects covered by the General Plan's Final Master EIR. This project is included because it is consistent with the General Plan. FISCAL IMPACT It is anticipated that the project would generate a positive net annual cash flow. Surplus could range from approximately $170,000 in the first year of project operation to approximately $421,000 by the fourth year and thereafter. There is the potential of a cumulative net cash surplus to the City over a ten year period of $3.7 million. GROWTH MANAGEMENT STATUS IFt density I 400 Special Facilities I C.F.D. No.1 EXHIBITS 1. City Council Resolution No. 96 -3 3 (EIR 93-02, MP 92-01, LCPA 93-06, LFMP 87-23) 2. City Council Ordinance No. h(s 348 (MP 92-01) 3. Location Map 4. 5. 6. 7. Planning Commission Resolutions Nos. 3855, 3856, 3857, 3858 Planning Commission Staff Report, dated December 13, 1995 Excerpt from Planning Commission Minutes, dated December 13, 1995 Correspondence submitted to the Planning Commission d A h PAGE 3 OF AGENDA BILL NO. /3,35 5 8. *Green Valley Master Plan Final Program EIR, dated-f%zember 1995. (previously distributed) 9. Green Valley Master Plan, dated November 29, 1995 (previously distributed) 10. *Zone 23 Local Facilities Management Plan, dated December 1995 (on file with the City Clerk). *These documents are filed on the shelf in the Vault. 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 RESOLUTION NO. 96-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA CERTIFYING A PR,OGRAM ENVIRONMENTAL IMPACT REPORT, APPROVING CANDIDATE FINDINGS OF FACT AND THE MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING A LOCAL COASTAL PROGRAM AMENDMENT, LOCAL FACILITIES MANAGEMENT PIAN FOR ZONE 23, AND GREEN VALLEY MASTER PLAN FOR 281.2 ACRES GENERALLY LOCATED AT THE SOUTHWEST CORNER OF LA COSTA AVENUE AND EL CAMINO REAL. CASE NAME: GREEN VALLEY MASTER PLAN CASE NO. EIR 93-02/MP 92-Ol/LCPA 93-06/LFMP . WHEREAS, on November 29 and December 13, 1995 the Carlsbad Planning Commission held a duly noticed public hearing to consider the Environmental Impact Report (EIR 93-02), Green Valley Master Plan (MP 92-Ol), Local Coastal Program Amendment (LCPA 93-06), Local Facilities Management Plan Zone 23 (LFMP 87-23), Hillside Development Permit (HDP 92-15) and Special Use Permit (SUP 92-05) and adopted Planning Commission Resolutions Nos. 3855, 3856, 3857, 3858 respectively recommending to the City Council that EIR 93-02 be certified and MP 92-01, LCPA 93-06 and LFMP 87-23 be approved and adopted Planning Commission Resolutions Nos. 3860 and 3861 approving HDP 92-15 and SUP 92-05 subject to City Council approval of MP 92-01; and WHEREAS, on November 29, December 13, and December 20, 1995 the Carlsbad Planning Commission held duly noticed public hearings to consider Carlsbad Tract (CT 92-08) and adopted Planning Commission Resolution No. 3859 approving CT 92-08 subject to City Council approval of MP 92-01; and WHEREAS, the City Council of the City of Carlsbad, on January 23, 1996 held a public hearing to consider the recommendations and heard all persons interested 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 in or opposed to EIR 93-02, MP 92-01, LCPA 93-06, and LFMP 87-23; and WHEREAS, an Environmental Impact Report was prepared and submitted to the State Clearing House and a Notice of Completion filed, published, and mailed to responsible agencies and interested parties providing a 45 day review period. Responses were prepared and incorporated into the Final Program Environmental Impact Report for all comments received from that review period; and WHEREAS, mitigation measures are fully incorporated into the conditions of approval and these conditions will be reviewed through a mitigation monitoring and reporting program set up for this project. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Environmental Impact Report (EIR 93-02) on the above referenced project is certified and that the Candidate Findings of Fact and the Mitigation Monitoring and Reporting Program are approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 3855, on file with the City Clerk and incorporated herein by reference, are the findings of the City Council. 3. That the recommendation of the Planning Commission for the approval of the Green Valley Master Plan is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 3856, on file with the City Clerk and incorporated herein by reference are the findings and conditions of the City Council Resolution No. 96-37 and Ordinance No. NS-348 shall be contemporaneously adopted. 4. That the recommendation of the Planning Commission for the approval of the Local Coastal Program Amendment (LCPA 93-06) is approved and that the findings of the Planning Commission contained in Planning Commission Resolution No. 3857, on file with the City Clerk and incorporated herein by reference, are the findings of the City Council. 5. That the recommendation of the Planning Commission for the approval of the Local Facilities Management Plan (LFMP 87-23) is approved and -2- 3” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .a.. - that the findings of the Planning Commission contained in Planning Commission Resolution No. 3858, on file with the City Clerk and incorporated herein by reference, are the findings of the City Council. 6. This action is final the date this resolution is adopted by the City Council. The provision of Chapter 1,16 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: “NOTICE TO APPLICANT” “The time limit within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1.094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court no later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of the preparation of such record, the time within which such petition may be filed in the court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney or record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008.” -3- & 1 2 EFFECTIVE DATE: This resolution shall be effective upon its adoption. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 23rd day of JANUARY 1996, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ABSTAIN: None ATTEST ALETHA L. RAU (SEAL) -4 1 ;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 - - ORDINANCE NO. NS-348 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING GREEN VALLEY MASTER PLAN FOR PROPERTY GENERALLY LOCATED NORTH AND EAST OF THE CITY OF ENCINITAS, SOUTH OF LA COSTA AVENUE, AND WEST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 23. CASE NAME: GREEN VALLEY MASTER PLAN CASE NO: MP 92-01 WHEREAS, Carlsbad Partners Limited has reviewed and considered a Master Plan as provided by Chapter 21.54 of the Carlsbad Municipal Code; and WHEREAS, after procedures in accordance with the requirements of law, the City Council has determined that the public interest indicates that said plan be approved. NOW, THEREFORE, the City’ Council of the City of Carlsbad, California does ordain as follows: SECTION I: That the Green Valley Master Plan, MP 92-01 on file in the Planning Department is incorporated by reference herein, is approved. SECTION II: That the findings and conditions of the Planning Commission in Planning Commission Resolution No 3856 shall also constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the newspaper of general circulation within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 23rd day of JANUARY , 1996, by the following vote, to wit: 1 1 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 PASSED AND ADOPTED at a regular meeting of said City Council held on PASSED AND ADOPTED at a regular meeting of said City Council held on the the day of day of , 1996, by the following vote, to wit: , 1996, by the following vote, to wit: AYES: AYES: NOES: NOES: ABSENT: ABSENT: ABSTAIN: ABSTAIN: CLAUDE A. LEWIS, Mayor CLAUDE A. LEWIS, Mayor ATTEST: ATTEST: ALETHA L. RAUTENKRANZ, City Clerk ALETHA L. RAUTENKRANZ, City Clerk (SEAL) (SEAL) 1 CITY 01 CNCJNJTU . . . . . . . . . . . . . . . . . . . COUNTY 01 s*N DJrOa EXHIBIT 3 GREEN VALLEY MASTER PLAN EIR 93002/MP 92-01/ LCPA 93-06/ LFMP 87-23 IO 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 20 EXHIBIT 4 PLANNING COMMISSION RESOLUTION NO. 3855 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING CERTIFICATION OF A PROGRAM ENVIRONMENTAL IMPACT REPORT, FINAL EIR 93-02, FOR THE GREEN VALLEY MASTER PLAN ON 281.2 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHWEST CORNER OF LA COSTAAVENUE AND EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 23. CASE NAME: GREEN VALLEY MASTER PLAN CASE NO: EIR 93-02 WHEREAS, Carisbad Partners Limited has filed a verified application for certain property, to wit: A portion of Section 2. Township 13 South, Range 4 West; and a portion of Section 35, Township 12 South, Range 4 West, San Bernardino Meridian, City of Carisbad, County of San Diego, State of California with the City of Carlsbad, which has been referred to the Planning Commission; and WHEREAS, said application constitutes a request for approval of the Green Valley Master Plan as is more fully described in the Final Program Environmental Impact Report as the Reduced Project Alternative, EIR 93-02 as provided in Chapter 19.04 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 19th of January, and the 2nd day of February, 1994, and the 13th day of December, 1995, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, a Reduced Project Alternative has been proposed by the applicant which reduces the project’s proposed commercial square footage by half to 300,000 square feet and increases the residential portion to 55.8 acres; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the project; and 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 4 B) C> D) E) Findinps: That the foregoing recitations are true and correct. That the Program Environmental Impact Report EIR 93-02 will be amended to include the comments and documents of those testifying at the public hearing and responses thereto ihereby found to be in good faith and reason by incorporating a copy of the minutes of said public hearings into the report. That the program Environmental Impact Report EIR 93-02 as so amended and evaluated is recommended for acceptance and certification as the final Program Environmental Impact Report and that the final Program Environmental Impact Report as recommended is adequate and provides reasonable information on the project and all reasonable and feasible alternatives thereto, including no project. That among the alternatives evaluated, it is recommended that the Reduced Project Aiternativewhich incorporates mitigation measures as discussed below, be approved for implementation. That based on the evidence presented at the public hearing, the Commission RECOMMENDS CERTIFICATION of the Final Program Environmental Impact Report, EIR 93-02, APPROVAL of the Candidate Findings of Fact (“CEQA Findings”) Dated December 13, 1995, and attached hereto marked Exhibit “A” and incorporated by this reference; and APPROVAL of the Mitigation Monitoring and Reporting Program (“Program”) Dated December 13, 1995, attached hereto marked Exhibit “B” and incorporated by this reference; and based on the following findings and subject to the following conditions. 1. The Planning Commission does hereby find that Final Program EIR 93-02, the CEQA Findings, and the Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Carlsbad. 2. The Planning Commission of the City of Carlsbad has reviewed, analyzed and considered Final Program EIR 93-02, the environmental impacts therein identified for this project; the Candidate Findings of Fact (“Findings” or “CEQA Findings”) attached hereto as Exhibit “A” and the Mitigation Monitoring and Reporting Program (“Program”) attached hereto as Exhibit “B”, which is incorporated herein by this reference, prior to recommending approval of the project. PC RESO NO. 3855 -2- 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 20 3. The Planning Commission finds that Final Program EIR 93-02 reflects the independent judgment of the City of Carlsbad Planning Commission. 4. The Planning Commission does hereby recommend approval, accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the “Candidate Findings of Fact” Exhibit”A”. 5. As is more fully identified and set forth in Final Program EIR 93-02 and in the Candidate Findings of Fact, the Planning Commission hereby finds and recommends that the City Council find pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures described as feasible in the above referenced documents, are feasible, and will become binding upon the entity assigned thereby to implement same. 6. As is also noted in the above referenced environmental documents described in the above finding number 4, some of the alternatives to the project which were identified as potentially feasible in Final Program EIR 94-01 are found not to be feasible since they could not meet both the objectives of the project and avoid the identified significant environmental effects through implementation of feasible mitigation measures for the reasons set forth in said Candidate Findings of Fact. 7. As required by the Public Resources Code Section 21081.6, the Planning Commission hereby recommends adoption of the Mitigation Monitoring and Reporting Program (“Program”) (Exhibit “B”). The Planning Commission hereby finds that the Program is designed to ensure that during project implementation the developer and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the Candidate Findings of Fact and the Program. 8. The Record of Proceedings for this project consists of the following: a) The Draft and Pinai Program EIR for the Project, including appendices and technical reports, comments and response to comments; b) Ail reports, applications, memoranda, maps, letters and other planning documents prepared by the planning consultant, the project Applicant, the environmental consultant, and the City of Carisbad that are before the decisionmakers as determined by the City Clerk; d Ail documents submitted by members of the public and public agencies in connection with the EIR on the project; d) Minutes and verbatim transcripts of ali workshops, public meetings and public hearings; and e) Matters of common knowledge to the City of Carisbad which they consider, including but not limited to, the Carisbad General Plan, Carisbad Zoning PC RESO NO. 3855 -3- /3 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 20 Ordinance, and Local Facilities Management Plan, which may be found at City Hall located at 1240 Carl&ad Village Drive and the Community Development ORice located at 2075 Las Palmas Drive in the custody of the City Clerk and Director of Planning. Conditions: 1. R&er to Exhibit “B”, Mitigation Monitoring and Reporting Program, for the mitigation measures and monitoring programs applicable to development of the Green Valley Master Plan Project. 2. The attached errata sheet dated December 13, 1995 shall be incorporated into the Final Program Environmental Impact Report. 3. Within 30 days of a California Coastal Commission approval of the project, the applicant shall provide an agreement to the satisfaction of the City Attorney and the City Manager that the applicant will indemnify and hold harmless the City and its officers, employees, and agents from any and all costs of defense including any judgements, attorney fees, costs and expenses arising out of an action attacking the adequacy of the environmental documents pertaining to this pmject. PASSED, APPROVED, AND ADOPTED at a special meeting of the Planning Commission of the City of Carlsbad, California, held on the 13th day of December, 1995, by the following vote, to wit: AYES: Chairperson Welshons, Commissioners Compas, Monroy, Nielsen, Noble and Savary NOES: Commissioner Eti ABSENT: None ABSTm None KIM’WELSHONS, Chairperson CARLSBADPLANNIN G coMMISSION AT-I-ES-F Planning Director PC RESO NO. 3855 -4- r GREEN VALLEY MASTER PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, California 92009-9859 December 6, 1995 GREEN VALLEY MAST&r, PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT Section I. II. III. IV. V. VI. VII. VIII. IX. T’BLE OF CON:TENTS I Paae INTRODUCTION ............................................ 1 PROJECT DESCRIPTION ....................................... 1 PROGRAMEIR ........................................... ...5 RECORD OF PROCEEDINGS .................................... 6 TERMINOLOGY/THE PURPOSE OF FINDINGS UNDER CEQA ............. 7 LEGAL EFFECT OF FINDINGS ................................... 8 MITIGATION MONITORING PROGRAM ............................ 8 IMPACTS DETERMINED TO BE INSIGNIFICANT ...................... 9 DIRECT SIGNIFICANT EFFECTS AND MITIGATION MEASURES ........... 9 A. B. C. D. E. F. G. H. I. J. K. L. LandUse.............................................lO Visual Quality/Landform Alteration ........................... 10 Agriculture ............................................ 11 Biological Resources ..................................... 12 Cultural Resources ...................................... 15 Paleontological Resources ................................. 16 Geology Soils .......................................... 16 HydrologyMlater Quality .................................. 18 Circulation ............................................ 19 Noise ............................................. ..2 3 Air Quality .......................................... ..2 6 Public Facilities and Services ............................... 28 December I995 Table of Contents Page i A. GREEN VALLEY MAST& PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT -4 FINAL CEQA FINDINGS OF FACT X. CUMULATIVE SIGNIFICANT EFFECTS AND MITIGATION MEASURES . . . . . . 29 XI. FEASIBILITY OF POTENTIAL PROJECT ALTERNATIVES . . . , . . . . . , . . . . . 41 TABLE OF CONTENTS I A. B. C. D. E. F. G. H. I. J. K. L. Land Use ............................................. 29 Visual Quality/Landform Alteration ........................... 29 Agriculture ............................................ 30 Biological Resources ..................................... 30 Cultural Resources ...................................... 32 Paleontological Resources ................................. 33 Geology Soils .......................................... 33 Hydrology/Water Quality .................................. 34 Circulation ............................................ 35 Noise .............................................. .37 AirQuality............................................39 Public Facilities and Services ............................... 41 December 1995 Table of Contents Page ii t2 -. - GREEN VALLEY MASTE,. PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT BEFORE THE CARLSBAD CITY COUNCIL RE: GREEN VALLEY MASTER PLAN FINDINGS OF FACT I. INTRODUCTION The Final Program Environmental Impact Report (FPDEIR) prepared on this project addressed the potential environmental effects of developing 281.2 acres of land and associated supporting public facilities and infrastructure. The Green Valley Master Plan submitted by Carlsbad Partners, Ltd. contained both a land use plan and policy language to guide the long- term development of approximately 86.4 acres. The Master Plan, also referred to as the Reduced Project Alternative, proposes residential and commercial development. Additionally the applicant’s preferred project involves designation of approximately 194.8 acres as natural or revegetated open space. In addition to the Green Valley Reduce Project Alternative the FPDEIR evaluated four alternatives to the proposed project. These included the No Project Alternative, the development using the combination of three land uses allowed under existing General Plan Designations, an Environmentally Preferred Alternative, and an Off-Site Project Alternative. II. PROJECT DESCRIPTION The Green Valley Master area contains a total of 281.2 acres. The purpose of the Green Valley Master Plan is to provide a comprehensive set of guidelines, regulations, and implementation programs for guiding and ensuring the orderly development of the property in accordance with the City’s General Plan. The Master Plan defines the allowable type and intensity of land use, provides detailed development and design standards and criteria, and describes the method by which the Green Valley Master Plan will be implemented. City Council adoption of the Master Plan will establish the zoning and development standards for this property. The Green Valley Master Plan will ensure that the subject property is developed in full accordance with the City of Carlsbad General Plan, Local Coastal Program, Zone 23 Local Facilities Management Plan, Noise Policy (Noise 171, Open Space and Conservation Resource Management Plan, El Camino Real Corridor Standards and Carlsbad Habitat Management Plan. December 1995 Page 1 GREEN VALLEY MASTkrr PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT The proposed land uses for the Master Plan are residential, community commercial, and open space. These are described as follows: Planning Ares I - Encinitas Creek Conservation and Buffer Corridor Encinitas Creek traverses the project site in a south to north direction and is adjacent to El Camino Real. This corridor, approximately 400 to 600 feet wide (including proposed revegetation areas) and 5900 feet long is comprised largely of riparian woodland. This area is an important biological area not only for the plant communities associated with the habitat, but also for the birds and wildlife which live in such an environment. As such, it is necessary to maintain this habitat in permanent open space and to ensure that the area is not significantly impacted by any development which occurs in the vicinity. Therefore, the entire existing riparian woodland area has been placed in an open space easement. The Encinitas Creek Conservation and Buffer Corridor, Planning Area 1, contains approximately 79 gross acres. Two roadways over the creek provide access to the project site. These crossing points are at Levante Street and the future Calle Barcelona, located approximately 0.5 miles and 0.9 miles, respectively, south of La Costa Avenue. There will be as little disturbance as possible from this construction and, to mitigate for the loss of habitat, appropriate adjacent area will be planted with new native vegetation in accordance with the requirements of the Local Coastal Program. In addition to preserving sensitive biological resources, the Encinitas Creek Conservation and Buffer Corridor acts as a visual buffer between El Camino Real and planned on-site development to the west of Encinitas Creek in Planning Areas 2 and 3. It enables the site to retain much of its present character when viewed from El Camino Real. Planning Area 2 - Retail Center The approximately 18.3-NDA (Net Development Acres) Planning Area 2 is located in the south part of the disturbed portion of Green Valley, west of Planning Area 1. The planning area extends from the residential area north of Calle Barcelona to the southerly property boundary. Planning Area 2 consists of a retail center. A total of up to 294,000 square feet of commercial development may be allowed in Planning Area 2, subject to approval of a Precise Development Plan or PUD by the City Council. Planning Ares 3 - Single-Family Residential The approximately 55.8-NDA Planning Area 3 is located in the central-northern disturbed portion of Green Valley. A total of up to 400 single-family .dwelling units, 15% of which must December 1995 Page 2 h - GREEN VALLEY MASTt/r PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT be made available to low income households (Chapter 21.85 Carlsbad Municipal Code), may be approved in this area subject to a Site Development Plan or PUD. The single-family residential may be comprised of detached units, townhomes, garden or patio homes. Planning Area 4 - Upland Bluff Ares Planning Area 4 includes the hillside area on the western side of the property that is characterized by relatively steep slopes. This area contains approximately 124.1 acres. The highest elevations are on the western boundary, with slopes descending to the east. The bluff area, containing several slopes greater than 25% and a few slopes greater than 40%, is generally overlain by southern maritime chaparral, a vegetation community which is declining in the area primarily due to development. Southern maritime chaparral is considered an important plant community on-site in that it is the habitat for sensitive plant species. The upland bluff sensitive habitat area has been permanently preserved with an open space easement and acts as a dramatic backdrop to retail and residential development in Planning Areas 2 and 3. The Upland Bluff Area is a potential mitigation area under the provisions of Carlsbad ordinances related to the approval of such mitigation areas. Planning Area 5 - Convenience Commercial The approximately 1.7-NDA Planning Area 5 is located at the corner of El Camino Real and La Costa Avenue. It is currently the site of the building known locally as the “Red Barn.” A maximum of 6,000 square feet of commercial development may be allowed in Planning Area 5, subject to approval of a Site Development Plan. The permitted land uses are limited to an art store, gallery, bank/savings and loan, florist, offices or restaurant. The discretionary actions taken by the decisionmakers in approving this Project are: 1. Master Plan, MP 92-01. The Green Valley property is zoned Planned Community (P-C) (Chapter 21.38). According to the Zoning Ordinance, “The Planned Community Zone is applied to properties in excess of 100 acres in Carlsbad to ensure for the orderly, coordinated development of the site through coordinated planning between the City and applicant.” The Planned Community Zone requires the approval of a master plan prior to the approval of any permits for development. 2. Environmental Impact Report, EIR 93-02 - The Environmental Impact Report (EIR), as required by the California Environmental Quality Act (CEQA), identifies all issues of environmental concern as a result of the proposed on-site development. After a thorough analysis of each issue, the level of impact is December 1995 Page 3 h GREEN VALLEY MASTt,f PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT 3. assessed. If an issue is determined to be significant, appropriate mitigation measures and monitoring programs are established. Local Facilities Management Plan - In 1986 the City of Carlsbad initiated a growth management program which defined 25 Local Facilities Management Plan (LFMP) zones. Each zone corresponds to a specific geographic area within the Carlsbad community. A LFMP plan must be prepared for each zone prior to development. Green Valley is designated by the growth management plan as LFMP Zone 23, which is located in the Southwest Quadrant of the City. This zone plan has been created in accordance with the City of Carlsbad Growth Management Program to address the adequacy of existing and projected project-related public facilities. This analysis includes the zone’s relationship with the eleven identified public facilities: City administration facilities, library, wastewater treatment capacity, parks, drainage, circulation, fire, open space, schools, sewer collection system, and water distribution system. 4. Master Tentative Tract Map, CT 92-08 -The subdivision provides for the initial development of the backbone infrastructure, grading, and environmental protection measures on a tract of land in the central portion of the property. CT 92-08 is intended to be followed by individual tract maps, Planned Unit Developments or Site Development Plans for the development of Planning Areas 2, 3 and 5. 5. Special Use Permit, SUP 92-05 - This permit was required for work within the Encinitas Creek loo-year floodplain which is located in a Special Flood Hazard Area as indicated on the Carlsbad Zoning Map. Work within the floodplain consists of the construction of two access roads; Levante Street and Calle Barcelona. Development within the Special Flood Hazard Zone is subject to all regulations of the Floodplain Management Regulations, Chapter 2 1.1 10 of the Carlsbad Municipal Code. 6. Hillside Development Permit, HDP 92-l 5 - A Hillside Development Permit is required prior to development of all property with a slope of fifteen percent or greater and an elevation differential greater than fifteen feet pursuant to Chapter 21.95 of the Carlsbad Municipal Code. These conditions exist in Green Valley and a Hillside Development Permit was therefore required. December 1995 Page 4 - GREEN VALLEY MAST& PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT Subsequent discretionary approvals that will be required prior to development in the Master Plan area will include one or more of the following: Site Development Plan Coastal Development Permit Non-Residential Planned Development Conditional Use Permit Tentative Map Planned Unit Development Special Use Permit Local Coastal Program Amendment Ill. PROGRAM EIR A Program EIR is an EIR which may be prepared on a series of actions that can be characterized as “one large project” and are related either: (1) geographically; (2) as logical parts in the chain of contemplated actions: (3) in connection with the issuance of rules, regulations, plans, or other general criteria to govern the conduct of a continuing program; or (4) as individual activities carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects which can be mitigated in similar ways (CEQA Guidelines, 14 Cal. Code Reg. § 15 168, subd. (a).) Use of a Program EIR can provide the following advantages. The Program EIR can: (1) provide an occasion for a more exhaustive consideration of effects and alternatives than would be practical in an EIR on an individual action; (2) ensure consideration of cumulative impacts that might be slighted in a case-by-case analysis; (3) avoid duplicate reconsideration of basic policy considerations; and (4) allow the Lead Agency to consider broad policy alternatives and program-wide mitigation measures at an early time when the agency has greater flexibility to deal with basic problems of cumulative impacts; and (5) allow reduction in paperwork. (CEQA Guidelines, 14 Cal. Code Reg. 5 15168, subd. lb).) “Use of the program EIR also enables the Lead Agency to characterize the overall program as the Project being approved at that time. Following this approach when individual activities within the program are proposed, the agency would be required to examine the individual activities whether their effects were fully analyzed in the Program EIR. If the activities would have no effects beyond those analyzed in the Program EIR, the agency could assert that the activities are merely part of the program which had been approved earlier, and no further CEQA compliance would be required. This approach offers many possibilities for agencies to December 1995 Page 5 GREEN VALLEY MASTtti PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT reduce their costs of CEGA compliance and still achieve high levels of environmental protection.” (CEQA Guidelines, 14 Cal. Code Reg., discussion following 4 15 168). The CEQA Guidelines provide that the “degree of specificity required in an EIR will correspond to the degree of specificity involved in the underlying activity.” (Guidelines Section 15 146). IV. RECORD OF PROCEEDINGS For the purposes of CEQA and the findings set forth below, the administrative record of the City Council decision on the environmental analysis of this Project shall consist of the following: l The Draft and Final Program EIR for the Project, including appendices and technical reports; l All reports, applications, memoranda, maps, letters and other planning documents prepared by the Planning Consultant, the Project Applicant, and Environmental Consultant, and the City of Carlsbad that are before the decisionmakers as determined by the City Clerk; l All documents submitted by members of the public and public agencies in connection with the EIR on the Project; l Minutes and verbatim transcripts of all workshops, public meetings, and public hearings held by the City of Cartsbad, or video tapes where transcripts are not available or adequate; l Any documentary or other evidence submitted at workshops, public meetings and public hearings; and l Matters of common knowledge to the City of Carlsbad which they consider, including but not limited to, the following: Carlsbad General Plan Carlsbad Zoning Ordinance Local Facilities Management Plan December I995 Page 6 23 GREEN VALLEY MASTt, I PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT V. TERMINOLOGY/THE PURPOSE OF FINDINGS UNDER CEQA Section 15091 of the CEQA Guidelines requires that, for each significant environmental effect identified in an EIR for a Project, the approving agency must issue a written finding reaching one or more of the three allowable conclusions. The first is that “[clhanges or alterations have been required in, or incorporated into, the Project which avoid or substantiallv lessen the significant environmental effect as identified in the final EIR.” (emphasis added.) The second potential finding is that “[sluch changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.” The third permissible conclusion is that “[slpecific economic, social or other considerations make infeasible the mitigation measures or Project alternatives identified in the final EIR.” Regarding the first of three potential findings, the CEQA Guidelines do not define the difference between “avoiding” a significant environmental effect and merely “substantially lessening” such an effect. The meaning of these terms, therefore, must be gleaned from other contexts in which they are used. Public Resource Code Section 2108 1, on which CEQA Guidelines section 1509 1 is based, uses the term “mitigate” rather than “substantially lessen.” The CEQA Guidelines, therefore, equate “mitigating” with “substantially lessening.” Such an understanding of the statutory term is consistent with Public Resources Code section 21001, which declares the Legislature’s policy disfavoring the approval of projects with significant environmental effects where there are feasible mitigation measures or alternatives that could “avoid or substantially lessen” such significant effects. For purposes of these findings, the term “avoid” shall refer to the ability of one or more mitigation measures to reduce an otherwise significant effect to a less-than-siqnificant level. In contrast, the term “substantially lessen” shall refer to the ability of such measurers to substantially reduce the severity of a significant effect, but not to reduce the effect to a level of insignificance. Although CEGA Guidelines section 15091 requires only that approving agencies specify that a particular significant effect is “avoidfed] g substantially lessen[edl,” these findings, for purposes of clarity, will specify whether the effect in questions has been fully avoided (and thus reduced to a level of insignificance) or has been substantially lessened (and thus remains significant). The purpose of these findings is to systematically restate the significant effects of the Project on the environment identified in the Final Program EIR, and determine the feasibility of mitigation measures and Project alternatives identified in the Final Program EIR which would avoid or substantially lessen those significant effects. Once the City has adopted sufficient December ? 995 Page 7 GREEN VALLEY MAST& PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT measures to avoid a significant impact,t the City does not need to adopt every mitigation measure brought to its attention or identified in the Final Program EIR. It is the policy of the State of California and the City of Carlsbad to not approve a Project if there are available feasible mitigation measures or project alternatives which would substantially lessen that Project’s significant environmental effects. Only when such mitigation measures or Project alternatives are found to be infeasible because of specific economic, social or other conditions set forth in these findings may the City approve a Project in spite of its significant effects. Another purpose of these findings is to bring focus on Project alternative in the ultimate decisionmaker’s decision whether to approve or disapprove the Project. If, after application of all feasible mitigation measures to the Project, significant impacts remain, Project alternatives identified in the FPDEIR must be reviewed and determined to be feasible or infeasible. The findings set forth the reasons, based on substantial evidence in the record, that the decisionmakers conclude any such Project alternatives are infeasible (see further discussion in Feasibility of Alternatives Section). VI. LEGAL EFFECT OF FINDINGS To the extent that these findings conclude that proposed mitigation measures outlined in the Final EIR are feasible and have not been modified, superseded or withdrawn, the City of Carlsbad (“City” or “decisionmakers”) hereby finds itself and any other responsible parties, including the Applicant and its successors in interest (hereinafter referred to as “Applicant”), to implement those measures. These findings, in other words, are not merely informational or hortatory, but constitute a binding set of obligations that will come into effect when the City adopts the resolution(s) approving the Reduced Project Alternative. The adopted mitigation measures are express conditions of approval. Other requirements are referenced in the mitigation monitoring program adopted concurrently with these findings, and will be effectuated through the process of implementing the Reduced Project Alternative. VII. MITIGATION MONITORING PROGRAM As required by Public Resources Code section 21081.6, the City of Carlsbad, in adopting these findings, also adopts a mitigation monitoring and reporting program as prepared by the environmental consultant under the direction of the City. The program is designed to ensure that during project implementation, the Applicant and any other responsible parties comply December 1995 Page 8 GREEN VALLEY MASTtH PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT with the feasible mitigation measures identified below. The program is described in the document entitled “Green Valley Mitigation Monitoring Program.” VIII. IMPACTS DETERMINED TO BE INSIGNIFICANT The following summary briefly describes impacts determined to be insignificant in the preparation of the EIR. Section 4.0 of the Green Valley Master Plan Program EIR addresses a total of 12 issues for the Green Valley Master Plan project that may cause significant environmental impacts. CEQA requires that an EIR also identify and briefly explain why various effects of the project were found not to be significant, and therefore not discussed in detail in the EIR. Several issues were found not to have potentially significant impacts. These are described below. Light and Glare: The proposed project will incrementally contribute to new light and glare sources both within the project site and the surrounding area. Natural Resources: The proposed project will not result in a significant increase in the rate of use of any natural resources or substantially deplete any nonrenewable natural resources. Risk of Upset of Hazardous Substances: The proposed project will not increase the risk of an explosion or the release of hazardous substances into the environment. Population and Housing: The proposed project will not substantially alter the planned distribution or balance of population or housing in the area. The project would provide a approximately 400 dwelling units, some of which will be made available to lower income households. Energy: The proposed project will not result in the use of substantial amounts of fuel or energy, or substantially increase the demand upon existing energy sources. Human Health: The proposed project would not crease any potential health hazards. IX. DIRECT SIGNIFICANT EFFECTS AiUD MITIGATION MEASURES The Final Program EIR identified a number of direct significant environmental effects (or “impacts”) that the Reduced Project Alternative will cause, all of which can be fully avoided through the adoption of feasible mitigation measures. December 1995 Page 9 ab GREEN VALLEY MASTEn PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT A. LAND USE Significant Effect With the reduction of the retail area under the Reduced Project Alternative to accommodate less than 300,000 square feet, each of the land uses will be in conformance with the General Plan land use descriptions. However, 1. Development, as proposed, of Planning Area 5 as a commercial site would conflict with some of the primary and secondary priorities of the Open Space Conservation Resource Management Plan, and development standards of the El Camino Real Scenic Corridor Overlay. Finding Pursuant to Section 15091 (a)(1 1 of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce the impact to below a level of significance. 1. 2. 3. B. Designate Planning Area 5 as open space within the Master Plan. A physical and visual buffer should be provided between the commercial PA2 and the residential PA3. The requirement for buffering shall be included in the Master Plan. As a procedural follow-up recommended in the OSCRMP, all areas designated as open space in the Master Plan will be designated as such on the General Plan Land Use Map and Zoning Map. This action, although not mitigation, strengthens the preservation of lands designated as open space. VISUAL QUALITY/LANDFORM ALTERATION Significant Effect 1. The change from a semi-natural (agricultural) to a built environment. 2. The creation of two road breaks in an otherwise contiguous riparian corridor. December 1995 Page 10 GREEN VALLEY MASTtr, PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT 3. Landform alteration and the creation of manufactured slopes and retaining walls. 4. Intensification of structural development at the southwest corner of El Camino Real and La Costa Avenue. The proposed Master Plan development standards, subject to approval by the City of Carlsbad, will serve as comprehensive guidelines for the project as a whole. These standards include the following: 1. Architectural design standards for scale, massing, rooflines, building color and material guidelines, landscaping, and location on-site shall be used to create a visual blend with the bluff topography, existing vegetation, and colors of the native environment. 2. Landscaping and revegetation shall be used to recreate as closely as possible the continuous visual effect of the riparian corridor. 3. Light overspill shall be minimized through the use of lighting shields, minimum intensity lighting, and minimization of lighted signage. 4. Where possible, project contrast shall be minimized and regulated along any bluff silhouette line or adjacent to native vegetation and Encinitas Creek through landscaping/revegetation and lower pads. Finding Pursuant to Section 15091 (a)(1 1 of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce the impact to below a level of significance. 1. If Planning Area 5 is approved for commercial development, it shall be developed subject to all applicable requirements of the El Camino Real Corridor Standards including the approval of a Special Use Permit and Coastal Development Permit. C. AGRICULTURE Significant Effect Since there is no prime farmland existing onsite, there are no significant impacts to agriculture. December 1995 Page I I GREEN VALLEY MASTha PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT finding No mitigation measures are required. D. BIOLOGICAL RESOURCES SigniZicant Effect 1. Approximately 1 .O acres (4.2 percent) of Diegan coastal sage scrub will be directly impacted by the Reduced Project Alternative. Other potentially occurring sensitive sage scrub species would also be affected. These direct impacts are mitigated by the Master Plan which would create 8.01 acres of new coastal sage scrub. 2. 3. Approximately 4.6 acres (14 percent) of southern riparian woodland will be directly impacted by the Reduced Project Alternative. All of these impacts would occur along Encinitas Creek from the proposed crossings for access to the site and the widening of El Camino Real. These impacts are considered potentially significant because of the sensitivity of this community and species observed in it, such as the least Bell’s vireo, southwestern willow flycatcher, yellow warbler, and yellow-breasted chat. The proposed Master Plan mitigates these impacts to below a level of significance by incorporating 11.75 acresof riparian restoration and 3.5 acres of riparian enhancement into the plan, although the preferred mitigation option is avoidance of impacts. Traffic generated noise represents the most significant indirect impact of this project. The project will increase the amount of area impacted by noise by approximately 2.5 percent in the southern part of the riparian woodland, 3.8 percent in the northern part of the woodland, and not at all in the central portion (Endo Engineering 1993). The area of riparian woodland impacted by project generated noise is estimated to total less than 0.75 acre. This impact is mitigated to a level of insignificance by the 15.25 acres of riparian enhancement proposed by the Master Plan. Because the most preferred mitigation is avoidance, the No Project Alternative would eliminate the impacts and no riparian restoration or enhancements would be required. The following potentially significant biological impacts of the Reduced Project Alternative are not mitigated by the proposed restoration and enhancement plans presented in the Master Plan. However, they can be mitigated by the measures discussed below under Mitigation Measures. December 1995 Page 12 a9 -. GREEN VALLEY MASTtrr PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT 1. Approximately 1 .O acre (13 percent) of southern coastal salt marsh will be directly impacted by the proposed access to the site at Levante Street. This impact is considered a potentially significant cumulative impact because of the sensitivity of this community. 2. The project as proposed will reduce wildlife movement through Encinitas Creek with the placement of the two proposed bridge crossings. This creek is identified as a wildlife corridor in the Carlsbad Habitat Management Plan (HMP). The potential impact to wildlife movement along Encinitas Creek would be considered significant. Although the open space plan presented in the Master Plan incorporates extensive restoration of riparian and upland habitats, potentially significant impacts may still occur from implementation of the project. Finding Pursuant to Section 15091 (a)(1 ) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce the impact to below a level of significance. 1. The effectiveness of the proposed buffer areas between the proposed development and natural areas shall be increased through the use of barrier plantings such as cacti. The planting of the buffer areas shall be subject to the review and approval of the resource agencies. 2. Two acres of southern coastal salt marsh habitat shall be restored on-site. The on-site location of the restoration shall require approval of the California Department of Fish and Game and shall be incorporated into the Master Plan Open Space and Biological Habitat Enhancement Plan. 3. The Proposed Project shall be modified to avoid the 0.6 acres of coastal sage in the south central portion of the site at the foot of the bluffs in order to alleviate any impacts to coastal California gnatcatcher occupied habitat and potentially occurring sensitive plants. (This measure is not required for the Reduced Project Alternative because it does not impact the 0.6 acres of coastal sage.) December 1995 Page 13 30 GREEN VALLEY MASTbt PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT 4. Detailed restoration plans based on the required mitigation ratios and the Open Space and Habitat Protection and Enhancement Plan outlined in the Master Plan shall be prepared, reviewed, and approved by the appropriate resource agencies prior to grading permit. 5. Regarding impacts to wildlife movement along Encinitas Creek; Because the most preferable mitigation is avoidance, the first approach is to eliminate both the Calle Barcelona and Levante Street crossings of the creek to reduce impacts to riparian areas/wildlife movement along Encinitas Creek. Elimination of the crossings will also reduce impacts to southern coastal salt marsh. However, elimination of both crossings is not feasible based on project circulation and access requirements. Since eliminating both crossings renders the project infeasible, the elimination of one crossing is the preferred mitigation. One crossing has the potential to create fewer impacts than two and the greatest biological benefit would be attained from eliminating Levante Street. This would create the largest possible block of riparian habitat and also eliminate direct impacts from the Levante Street crossing which includes disturbance to 0.4 acres of southern coastal salt marsh. However, impacts to wildlife movement can also be mitigated through crossing(s) design. Using either the Otay Ranch Corridor Study (Ogden 1992)’ as a model or other specifications acceptable to the California Department of Fish and Game, adequate opportunity for north-south wildlife movement can be created thereby mitigating impacts to wildlife movement along the Encinitas Creek to a level of less than significant. 6. Traffic noise and other noise impacts to the riparian corridor are considered to be mitigated by the proposed restoration plans presented in the Master Plan. Additional mitigation could further reduce noise impacts in the form of noise attenuation structures adjacent to the riparian corridor and/or elimination of one of the creek crossings. 1 Bridges are preferred to culvert underpasses, and the length of the underpass should be no more than twice its width, a 2 to 1 ratio. Underpasses should be no less than 12 feet in height from grade to ceiling at any given point. If the minimum height is 30 feet or greater, deviation from the 2 to 1 ratio may be considered. December 1995 Page 14 3J - - GREEN VALLEY MASTEn PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT E. CULTURAL RESOURCES Significant Effect Implementation of the Proposed Project and the Reduced Project Alternative would result in a potentially significant impact (i.e., total removal) of the cultural resources at archaeological site GV-4. Finding Pursuant to Section 15091 (a)(1 1 of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce the impact to below a level of significance. One of the following is required. 1. A minimum area of 26 square meters of GV-4 shall be excavated by hand prior to grading. Only Stratum II shall be systematically excavated since Stratum I contains little cultural material and is believed to be imported. Special emphasis shall be placed upon analyzing the fauna1 remains since the test results suggest animal bone is among the most scientifically useful and interesting components of the deposit. 2. A minimum of 52 square meters of GV-4 shall be excavated by controlled mechanical means similar to those described in Van Horn, Murray, & White 1986; and Van Horn 1988. The other conditions set forth in item (1) above would remain the same. The reason for the larger sample as compared to item (1) above is due to the high cost of conventional archaeological excavation conducted by hand. Alternately, controlled mechanized excavation offers the potential for acquisition of a significantly larger sample for substantially less cost. Regardless of which of the two methods is chosen, the archaeologist directing the mitigative work shall have the authority to halt excavations if, in his or her judgment, there is nothing to be gained by continuing. December 1995 Page 15 3a - -\ GREEN VALLEY MASTEI-I PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT F. PALEONTOLOGICAL RESOURCES Significant Effiwt Although the walkover survey and inspection did not result in the discovery of any fossils onsite, the subject area may contain paleontological resources from Eocene and Pleistocene sedimentary units, and Holocene sediments which could be significantly impacted by the Proposed Project. Careful development of this area may increase our knowledge and collections of the fossil assemblages and environment of deposition of the rock units in this area. Finding Pursuant to Section 15091 (a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce the impact to below a level of significance. 1. A paleontological resource monitoring plan shall be developed by a Certified Paleontologist prior to the initiation of grading operations. This plan should include a grading observation schedule to be maintained when grading in bedrock units to further evaluate the fossil resources of the site. 2. Salvage operations shall be initiated and coordinated with the developer if significant concentrations of fossils are encountered. G. GEOLOGY/SOILS Significant Effect The potentially significant geology/soils impacts associated with the project are as follows: 1. The alluvium and slopewash/colluvium that underlies much of the proposed development area may be susceptible to liquefaction and/or seismically induced settlement during significant seismic events. 2. Future development of the site may create conditions where the on-site materials would be susceptible to slope instabilities. The alluvium and the slopewash/colluvium underlying the area proposed for development. is compressible and considered December 1995 Page 16 33 GREEN VALLEY MASTkn PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT 3. 4. 5. unsuitable, in their present state, for the direct support of structural loads. As much as 10 inches of settlement may occur where fills of 20 feet in depth are to be placed. Shallow groundwater may impact the stability and working conditions in trench excavations, drilled pier excavations, or may occur as nuisance water in cutslope excavations. Expansive soils may be encountered in excavations along the eastern site boundary where the Delmar Formation underlies the site. The earth materials onsite are generally susceptible to erosion from running water. Surface runoff has created incised gullies in the loose materials underlying the areas proposed for development. Finding Pursuant to Section 15091 (a)(1 ) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce the impact to below a level of significance. 1. A comprehensive geotechnical evaluation, including subsurface exploration and laboratory analysis, shall be performed to address the potential geotechnical impacts and to provide geotechnical criteria for the design of the proposed improvements. The evaluation(s) shall include appropriate subsurface explorations, laboratory analysis and engineering analysis to evaluate liquefaction potential, compressible soils, expansive soils, slope stability, dewatering parameters, soil corrosivity and other appropriate geotechnical concerns. From this data, recommendations for earthwork, slope stability, surface and subsurface drainage, building foundations, retaining walls, pavement structural sections, and other design considerations shall be formulated. 2. The project grading and foundation plans shall incorporate recommendations provided in the comprehensive geotechnical evaluation, and be reviewed and approved by the project geotechnical consultant. Additional mitigation measures will also be given at the time of the grading plan review if necessary. 3. The project grading and foundation plans shall incorporate recommendations provided in the comprehensive geotechnical evaluation, and be reviewed and approved by the project geotechnical consultant. All cut and fill slopes shall be observed and inspected by the project engineering geologist. Geologic inspection of the cut and fill slopes shall December 1995 Page 77 34 GREEN VALLEY MASTEn PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT be performed at the time of grading in order to confirm conditions of stability. Additional and/or revised mitigation measures may be necessary based upon the geology of the exposed deposits and should be anticipated. H. HYDROLOGYMATER QUALITY Significant Effect 1. The Reduced Project Alternative will increase the 10 year peak runoff on-site less than the 24 percent anticipated for the originally proposed project due to a reduction in impermeable area associated with the commercial land area and the lower density residential development. (No change would result in the peak runoff leaving the site if the storm drain system is built as proposed; see Mitigation Measures.) 2. The Reduced Project Alternative will result in the covering of less than approximately 30 percent of the site with impermeable structures (buildings and paving). Therefore fewer airborne pollutants will collect and become concentrated during the long dry season. The first rain washes these pollutants onto the pavement, which transports them offsite. Food operations in markets and restaurants can result in further pollutants leaking from trash enclosures. This site is located directly adjacent to the biologically-sensitive Encinitas Creek and Batiquitos Lagoon. Without proper mitigation, the project has the potential to significantly impact these resources. 3. Potentially hazardous agricultural chemicals may be present within soils onsite. These materials can come into contact with the receiving waters, and have an adverse impact on the beneficial uses of those waters. Finding Pursuant to Section 15091 (a)(1 ) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce the impact to below a level of significance. 1. Implementation of the Storm Drainage and Desiltation/Depollutant Plan as proposed in the Master Plan. 2. Upon submittal of the final engineering documents, a comprehensive evaluation of the proposed storm drain facilities shall be prepared.. The project facilities plans shall December 1995 Page 18 - GREEN VALLEY MASTL~I PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT - FINAL CEQA FINDINGS OF FACT The traffic study analyzed traffic factors related to the Local Facility Management Plan and the Green Valley project in Zone 23, as well as, the adjacent Encinitas Ranch project located in the City of Encinitas, as referenced in Appendix G [Study (8/23/95)]. Existing conditions have been quantified and projections made for the Years 1998, 2000, and 2010 (Buildout). The SANDAG computer model was utilized in peak hour intersection and road segment analyses to determine future improvement requirements. The originally proposed project access plan assumes project driveways at Levante Street and Calle Barcelona. Alternatives have been analyzed showing impacts of a development that could occur under the General Plan and utilizing various project access alternatives. These alternatives are described in the reports 3. The depollutant basins shall be designed in accordance with the appropriate standards detailed in the California Stormwater Best Management Practices Handbook (March 1993) to the satisfaction of the City Engineer. 4. The maintenance program of the sedimentation and depollutant basins shall be prepared and approved at the final design stage. 5. Proper protection to the creek shall be provided by the use of silt fences and other approved methods during grading between the desiltation basins and the creek. 6. Drainage facilities must be provided concurrent with development of the area. 7. A Phase I environmental analysis shall be prepared for the site to evaluate the existence of hazardous/toxic materials onsite, and to make recommendations for any remediation procedures. 8. No grading shall be performed during the rainy season as determined by the Coastal Commission. 9. I. Detention Basin “C” (located on the east side of El Camino Real per Chang Study) shall be constructed prior to or concurrent with development of the project; or other means utilized to provide required freeboard at the crossings of Encinitas Creek for the project access and El Camino Real. CIRCULATION incorporate recommendations provided in the comprehensive evaluation, and be reviewed and approved by the project hydrological consultant. Additional mitigation measures will also be given at the time of the grading plan review if necessary. December 1995 Page 19 GREEN VALLEY MASTtH PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT entitled “Circulation Facilities, Local Facilities Management Zone 23” and addendum to same, and are included in Appendix G of the EIR. In addition, subsequent to the preparation of the traffic study, some analyses were completed for the Reduced Project Alternative under three potential access configurations. These entire analyses are contained in Appendix G of the EIR [Study Addendum (8/25/95)1 and serve to document the project related traffic impacts of these development scenarios and any needed mitigation measures. Significant Effect Existing Conditions 1. Improvements are required at the La Costa Avenue Ramps (Northbound and Southbound) at the l-5 interchange. Improvements at this interchange are scheduled to begin in late 1995 and be completed by Year 1996-l 997. 2. Improvements are required at the intersection of El Camino Real with Olivenhain Road/Leucadia Boulevard. Improvements at this intersection are currently in work. 1998 lmpac ts 1. La Costa Avenue between l-5 and El Camino Real will require four lanes. However, it can be noted that the critical intersections at each end of this section are/will be improved to the required geometries, which should be considered in the overall evaluation of this issue. 2. The El Camino Real/La Costa Avenue intersection will an added westbound right turn lane. This improvement may not be required for future conditions. 3. The El Camino Real/Olivenhain Road-Leucadia Boulevard intersection will require a northbound through lane. \ 2000 lmpac ts For the Year 2000 conditions, “With” and “Without” the Leucadia Boulevard connection, from I5 to El Camino Real, were analyzed. Calle Barcelona between El Camino Real and Ranch0 Santa Fe was not assumed to be constructed. The proposed Green Valley project was assumed to be completed and Encinitas Ranch is expected to still be at Phase 1. December 1995 Page 20 37 GREEN VALLEY MASTEra PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEOA FINDINGS OF FACT 1. “Without Leucadia Boulevard”, an interim impact at El Camino Real/La Costa Avenue still remains. The project related impact can be mitigated by the added westbound right turn, but the intersection operations remain at LOS E. In other words, there is still an impact due to background traffic, but the project related impacts are mitigated. With the Leucadia Boulevard connection from the l-5 to El Camino Real assumed in place, the El Camino Real/La Costa Avenue intersection is no longer over capacity and the westbound right turn lane is no longer required. 2. Either “With” or “Without” Leucadia Boulevard, from I5 to El Camino Real, the El Camino Real/Leucadia-Olivenhain intersection requires improvement under the three potential alternatives. However, if Alternative 3 (“With” Leucadia) is provided, which includes no site access at Leucadia Boulevard, then LOS E remains even with the mitigation at El Camino Real/Leucadia-Olivenhain. 3. The northbound side of El Camino Real from Leucadia-Olivenhain to Calle Barcelona needs to be widened from two to three lanes (under the “with” Leucadia Boulevard connection from I5 to El Camino Real) and only for Alternative 3. 20 10 lmpac ts For Buildout conditions, the “With” Leucadia Boulevard connection, from I5 to El Camino Real, is assumed to be provided and Calle Barcelona, from El Camino Real to Ranch0 Santa Fe Road, is expected to be constructed as well. The Green Valley and Encinitas Ranch projects are assumed to be fully built out. 1. For reduced development Alternatives 1 and 2 no added intersection mitigation is required. The project access connection configurations serve as mitigation measures in conjunction with the planned road system. If Alternative 3 is provided then mitigation measures are required at the El Camino Real/La Costa Avenue intersection. La Costa A venue and El Camino Real lntersec tion The implementation of subsequent projects that are consistent with and included in the General Plan will result in increased traffic volumes. However, the intersection of La Costa Avenue and El Camino Real will be severely impacted by regional through-traffic over which the City has no jurisdictional control. Even with the implementation of roadway improvements, the intersection is projected to fail the City’s adopted Growth Management performance standards at buildout. December I995 Page 2 1 - - GREEN VALLEY MASTEri PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include but are not limited to 1) measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The recent certification of the General Plan Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for circulation impacts created by projects which are consistent with the General Plan and cumulatively contribute to the failure of intersections at buildout, including the La Costa Avenue/El Camino Real intersection. The Reduced Project Alternative is consistent with the General Plan and is therefore included within the Statement of Overriding Considerations adopted by the City Council for the Genera Plan. To lessen or minimize the impacts specific to the Proposed Project mitigation measures as set forth in Chapter 4.0 and as supplemented or modified by the Reduced Project Alternative as set forth in Chapter 5.0 have been recommended. Finding Pursuant to Section 15091 (a)(1 1 of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce the impact to below a level of significance. For the Reduced Project Alternative those mitigation measures identified in the General Plan Final Master EIR to reduce cumulative circulation impacts shall be incorporated into the Master Plan. 1998 Mitigation 1. La Costa Avenue between I5 and El Camino Real - Add two (2) additional through lanes. 2. El Camino Real/La Costa Avenue - Add a westbound right. December 1995 Page 22 39 GREEN VALLEY MAST&+ PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FA CT 3. El Camino ReaVOlivenhain Road-Leucadia Boulevard -Add a northbound through with a transition lane north of the intersection. 2000 Mitigation 1. El Camino Real/La Costa Avenue - Add a westbound right. (If Leucadia Boulevard is connected from I5 to El Camino Real, then this mitigation measure is not required.) 2. El Camino ReaVOlivenhain Road-Leucadia Boulevard - Add a northbound through with a transition lane north of the intersection. However, under the “with” Leucadia Boulevard connection, from I5 to El Camino Real, for Alternative 3, the intersection still operates at an unacceptable level of service. Even though project impacts will be mitigated with the addition of this traffic lane, the intersection cannot be mitigated to a level of insignificance for Alternative 3. 3. El Camino Real between Olivenhain Road-Leucadia Boulevard and Calle Barcelona -Add a northbound travel lane, only for Alternative 3, under the “with” Leucadia Boulevard connection, from I5 to El Camino Real. 4. Leucadia Boulevard -Connection from I5 to El Camino Real. This connection eliminates the requirement for mitigation measures at the El Camino Real/La Costa Avenue intersection. 20 IO Mitigation 1. Given the reduced development proposal and the planned future roadway system no added mitigation measures are required for future conditions under Alternatives 1 and 2. Therefore, providing these reduced alternative access plans will mitigate all impacts at year 2010. However if Alternative 3 is provided, the added westbound right at the El Camino Real/La Costa Avenue intersection is still required. J. NOISE Biolooical impacts associated with noise are found under the section headino of Biolooical Resources. December 1995 Page 23 - GREEN VALLEY MASTEn PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT Significant Elect 1. 2. 3. 4. 5. 6. Construction activities on-site will result in short-term increases in noise levels adjacent to site access routes and the on-site areas under construction. Project-related traffic noise increases will represent a long-term incremental acoustic impact in the vicinity and will be audible (greater than 3.0 dBA) along one link (Calle Barcelona, east of El Camino Real), potentially audible (between 1 .O and 3.0 dBA) on six links, and inaudible (less than 1 .O dBA) on the twelve remaining roadway links analyzed in 1995. Under year 2000 conditions, project-related traffic noise will be potentially audible (between 1 .O and 3.0 dBA) on up to 5 links, and inaudible (less than 1 .O dBA) on the remaining roadway links analyzed in 1995. Project-related traffic noise increases will represent a long-term incremental acoustic impact in the vicinity and will be potentially audible (between 1 .O and 3.0 dBA) on six links, and inaudible (less than 1 .O dBA) on the fifteen remaining roadway links under year 20 10 conditions. Project impacts will be significant on only one link under one scenario (Calle Barcelona east of El Camino Real under 1995 conditions). On-site noise impacts may result from ultimate traffic volumes on El Camino Real, depending upon the sound propagation rate and site design measures incorporated in the project. finding Pursuant to Section 15091 (a)(l) of the State CEGA Guidelines, changes or alterations are required in, or incorporated into, the Project which avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce the impact to below a level of significance. 1. During construction activities on-site, the following short-term acoustic mitigation measures should be implemented: l Construction activities on-site should take place only during the days and hours specified by the City of Carlsbad to reduce noise impacts during more sensitive time periods. December 1995 Page 24 GREEN VALLEY MAST& PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FiNAL CEQA FINDINGS OF FACT l All construction equipment, fixed or mobile, should be equipped with properly operating and maintained mufflers. l Stationary equipment should be placed such that emitted noise is directed away from sensitive noise receivers. l Stockpiling and vehicle staging areas should be located as far as practical from sensitive noise receptors. l Every effort should be made to create the greatest distance between noise sources and sensitive receptors during construction activities. 2. A noise analysis based upon on-sit&noise monitoring should be performed adjacent to the proposed residential areas, prior to construction of the residential uses in order to determine specific site design measures to be incorporated into the project. Site design measures to reduce noise at the residential building pads on-site over the long-term should include: l Building setbacks and pad elevations can be used in conjunction with acoustic berm or berm and barrier combinations to reduce intrusive noise levels at those building sites located within areas with excessive noise exposures adjacent to master planned roadways on-site prior to the issuance of building permits. l Multi-story buildings located within ultimate unattenuated noise impact areas may require architectural treatments such as double glazing on the upper floor windows, which should be addressed at more detailed levels of planning. l Any courtyards, plazas and open space areas designed for pedestrian uses should be shielded from intrusive noise levels by intervening structures wherever possible. l Prior to the issuance of building permits, the final lot layout, pad elevations, building design, acoustic berm or berm and barrier combinations should be evaluated by an acoustic consultant to insure that proper noise mitigation has been provided. l Commercial truck access, parking area design, air conditioning and refrigeration units, and refuse bin locations should be carefully designed and evaluated at more detailed levels of planning to minimize the potential for acoustic impacts to adjacent residential development. December 1995 Page 25 GREEN VALLEY MASTEn PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT K. AIR QUALITY SigniGcant Effect 1. The development of the project site will generate exhaust emissions from construction equipment and the automobiles of the construction crew, as well as fugitive dust during soil movement. 2. The Reduced Project Alternative would generate carbon monoxide, reactive organic gases, NOx, particulates, and SOx daily upon build-out in the year 2000 due to the use of natural gas, electricity and vehicular activity, however, in lesser quantities than the Project. This conclusion is based on an estimated reduction in project ADT of 8,400 and a reduction in the amount of commercial square footage by 300,000 square feet. Since the San Diego Air Basin is a “non-attainment basin”, any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the General Plan will have cumulative significant impacts on the air quality of the region. The implementation of subsequent projects that are consistent with and included in the General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the 1994 General Plan Update Final Master EIR. These include but are not limited to: 1) provisions for roadway and intersection improvements prior to or concurrent with development, such as improvements to La Costa Avenue and El Camino Real; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services, such as the inclusion of bus stops and bicycle and pedestrian trail systems within the project design; 4) promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The Reduced Project Alternative will be conditioned to comply with the recommended mitigation measures as described in the General Plan and in Section 4.11 (AIR QUALITY) of this EIR. Finding Certification of the 1994 General Plan Update Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for air quality December 1995 Page 26 h - GREEN VALLEY MASTtn PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan Update Final Master EIR. The Reduced Project Alternative is consistent with the General Plan and would be considered a later development project covered by the General Plan Update Final Master EIR and would not require an individual Statement of Overriding Consideration. For the Reduced Project Alternative those mitigation measures identified in the General Plan Final Master EIR to reduce cumulative air quality impacts shall be incorporated into the Master Plan. Incorporation of those mitigation measures and subsequent implementation of the measures on an individual development basis will contribute to the greatest extent possible to the reduction of cumulative air quality impacts. Although the cumulative long-term impacts can not be fully mitigated, potentially significant short-term (construction-related) air quality impacts can be mitigated to below a level of significance by implementing the following measures: 1. 2. 3. 4. 5. Construction operations requiring road closures or other types of traffic impediments affecting roadways adjacent to the site shall be scheduled for off-peak traffic hours. To reduce the amount of fugitive dust generated during construction activities on-site, it is possible after clearing, grading, earth moving, or excavation activities to: l seed and water until ground cover is established; l water construction sites and equipment in the morning and evening; l time activities to avoid windy periods; l conduct street sweeping on local public thoroughfares where silt and sand from . the project site has been deposited by the wind. Adequate watering techniques shall be employed to partially mitigate the impact of construction-generated dust particulates. Portions of the project site that are under-going earth moving operations will be watered such that a crust will be formed on the ground surface (and then be watered again at the end of the day). Any vegetative ground cover to be utilized on-site shall be planted as soon as possible to reduce the amount of open space subject to wind erosion. Irrigation systems needed to water these plants shall be installed as soon as possible to maintain the ground cover. Grading operations shall not be conducted when winds exceed 30 miles per hour. December I995 Page 27 - - GREEN VALLEY MASTEh PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT 6. 7. 8. 9. 10. 11. 12. L. Where possible, diesel-powered construction equipment shall be used rather than gasoline-powered equipment to affect exhaust emission reductions and evaporative and crankcase HC emission reductions. Construction equipment using diesel drive internal combustion engines shall use a diesel fuel with a maximum of 0.05% sulfur and a four degree retard. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. Any construction vehicle access roads where dust is deposited should be cleaned after each work day. Building construction shall comply with the energy use guidelines in Title 24 of California Administrative Code. Low emission building materials such as preprimed and sanded wood molding and trim products and preprimed wallboard, should be considered for construction materials wherever feasible. The use of energy efficient street lighting and parking lot lighting (low pressure sodium vapor lights) should be considered on-site to reduce emissions at the power plant serving the site. PUBLIC FACILITIES AND SERVICES Significant Effect Overall impacts to public facilities and services have been found not to be significant provided that all the appropriate agency conditions for development are met, including payment of public facilities fees. finding Pursuant to Section 15091 (a)(1 1 of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Project which avoid the significant environmental effect as identified in the Final Program EIR. The following mitigation measures would reduce the impact to below a level of significance. December 1995 Page 28 - - GREEN VALLEY MASTER PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FtNAL CEQA FINDINGS OF FACT 1. All the appropriate agency conditions for development shall be met by the Project Applicant, including payment of public facilities fees. X. CUMULATIVE SIGNIFICANT IMPACTS AND MITIGATION MEASURES A. LAND USE Signifhnt Effect Mitigation and adherence to adopted plans will reduce each individual project included within the cumulative scenario land use impacts to less than significant. Finding Pursuant to Section 15091 (a)(1 1 of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Reduced Project Alternative which will avoid the significant environmental effect as identified in the Final Program EIR. 1. Any future site development permit associated with the master plan shall be reviewed for consistency with the master plan and related discretionary actions including the general plan and local coastal plan amendment, local facilities management plan, special use permit, and hillside development permit. The Planning Department shall make a determination that the site development plan is consistent with these plans, prior to approval of the permit. B. VISUAL QUALITY/LANDFORM ALTERATION Significant Effect The cumulative visual quality/landform alteration impact is less than significant. finding Pursuant to Section 15091 (a)(1 ) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Reduced Project Alternative which will avoid the significant environmental effect as identified in this Final Program EIR. December 1995 Page 29 4b - - GREEN VALLEY MASTiin PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT 1. If Planning Area 5 is approved for commercial development, it shall be developed subject to all applicable requirements of the El Camino Real Corridor Standards including the approval of a Special Use Permit and Coastal Development Permit. C. AGRICULTURE Significant Effect The project contains no prime farmland and therefore the buildout pursuant to Series 8 growth projections and the Carlsbad General Plan will not result in a significant cumulative decline in prime agricultural land. Finding Pursuant to Section 15091 (a)(1 1 of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Reduced Project Alternative which will avoid the significant environmental effect as identified in this Final Program EIR. At the time of development and agricultural mitigation fee will be paid pursuant to the Coastal Act section 30171.5 (Public Resources Code). D. BIOLOGICAL RESOURCES Signiikant Effect The proposed project, in conjunction with cumulative projects, will not result in a significant impact to biological resources. Pursuant to Section 15091 (a)(1 1 of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Reduced Project Alternative which will avoid the significant environmental effect as identified in this Final Program EIR. 1. The effectiveness of the proposed buffer areas between the proposed development and natural areas shall be increased through the use of barrier plantings such as cacti. The planting of the buffer areas shall be subject to the review and approval of the resource agencies. December 1995 Page 30 GREEN VALLEY MASTEn PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT 2. 3. 4. 5. Two acres of southern coastal salt marsh habitat shall be restored on-site. The on-site location of the restoration shall require approval of the California Department of Fish and Game and shall be incorporated into the Master Plan Open Space and Biological Ha bit at Enhancement Plan. The Proposed Project shall be modified to avoid the 0.6 acres of coastal sage in the south central portion of the site at the foot of the bluffs in order to alleviate any impacts to coastal California gnatcatcher occupied habitat and potentially occurring sensitive plants. (This measure is not required for the Reduced Project Alternative because it does not impact the 0.6 acres of coastal sage.) Detailed restoration plans based on the required mitigation ratios and the Open Space and Habitat Protection and Enhancement Plan outlined in the Master Plan shall be prepared, reviewed, and approved by the appropriate resource agencies prior to grading permit. Regarding impacts to wildlife movement along Encinitas Creek; Because the most preferable mitigation is avoidance, the first approach is to eliminate both the Calle Barcelona and Levante Street crossings of the creek to reduce impacts to riparian areas/wildlife movement along Encinitas Creek. Elimination of the crossings will also reduce impacts to southern coastal salt marsh. However, elimination of both crossings is not feasible based on project circulation and access requirements. Since eliminating both crossings renders the project infeasible, the elimination of one crossing is the preferred mitigation. One crossing has the potential to create fewer impacts than two and the greatest biological benefit would be attained from eliminating Levante Street. This would create the largest possible block of riparian habitat and also eliminate direct impacts from the Levante Street crossing which includes disturbance to 0.4 acres of southern coastal salt marsh. However, impacts to wildlife movement can also be mitigated through crossing(s) design. Using either the Otay Ranch Corridor Study (Ogden 1992)' as a model or other specifications acceptable to the California Department of Fish and Game, ' Bridges are preferred to culvert underpasses, and the length of the underpass should be no more than twice its width, a 2 to 1 ratio. Underpasses should be no less than 12 feet in height from grade to ceiling at any given point. If the minimum height is 30 feet or greater, deviation hm the 2 to 1 ratio may be considered. December 1995 Page 31 48 GREEN VALLEY MASTEn PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT adequate opportunity for north-south wildlife movement can be created thereby mitigating impacts to wildlife movement along the Encinitas Creek to a level of less than significant. 6. Traffic noise and other noise impacts to the riparian corridor are considered to be mitigated by the proposed restoration plans presented in the Master Plan. Additional mitigation could further reduce noise impacts in the form of noise attenuation structures adjacent to the riparian corridor and/or elimination of one of the creek crossings. E. CULTURAL RESOURCES Significant Effect The proposed project, in conjunction with cumulative projects, will not result in significant cumulative impact to cultural resources. Finding Pursuant to Section 15091 (a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Reduced Project Alternative which will avoid the significant environmental effect as identified in this Final Program EIR. 1. A minimum area of 26 square meters of GV-4 shall be excavated by hand prior to grading. Only Stratum II shall be systematically excavated since Stratum I contains little cultural material and is believed to be imported. Special emphasis shall be placed upon analyzing the fauna1 remains since the test results suggest animal bone is among the most scientifically useful and interesting components of the deposit. 2. A minimum of 52 square meters of GV-4 shall be excavated by controlled mechanical means similar to those described in Van Horn, Murray, & White 1986; and Van Horn 1988. The other conditions set forth in item (1) above would remain the same. The reason for the larger sample as compared to item (1) above is due to the high cost of conventional archaeological excavation conducted by hand. Alternately, controlled mechanized excavation offers the potential for acquisition of a significantly larger sample for substantially less cost. December 1995 Page 32 49 _- -. GREEN VALLEY MASTE~I PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT Regardless of which of the two methods is chosen, the archaeologist directing the mitigative work shall have the authority to halt excavations if, in his or her judgement, there is nothing to be gained by continuing. F. PALEONTOLOGICAL RESOURCES Significant Effect The proposed project, in conjunction with cumulative projects, will not result in significant cumulative impact to paleontological resources. Ending Pursuant to Section 15091 (a)(1 I of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Reduced Project Alternative which will avoid the significant environmental effect as identified in this Final Program EIR. 1. A paleontological resource monitoring plan shall be developed by a Certified Paleontologist prior to the initiation of grading operations. This plan should include a grading observation schedule to be maintained when grading in bedrock units to further evaluate the fossil resources of the site. 2. Salvage operations shall be initiated and coordinated with the developer if significant concentrations of fossils are encountered. G. GEOLOGY/SOILS SigniWcant Effect The proposed project cumulative impact to njunction with cumulative projects, will not result in significant Finding Pursuant to Section 15091 (al{1 I of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Reduced Project Alternative which will avoid the significant environmental effect as identified in this Final Program EIR. December 1995 Page 33 - GREEN VALLEY MASTr.. PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT 1. A comprehensive geotechnical evaluation, including subsurface exploration and laboratory analysis, shall be performed to address the potential geotechnical impacts and to provide geotechnical criteria for the design of the proposed improvements. The evaluation(s) shall include appropriate subsurface explorations, laboratory analysis and engineering analysis to evaluate liquefaction potential, compressible soils, expansive soils, slope stability, dewatering parameters, soil corrosivity and other appropriate geotechnical concerns. From this data, recommendations for earthwork, slope stability, surface and subsurface drainage, building foundations, retaining walls, pavement structural sections, and other design considerations shall be formulated. 2. The project grading and foundation plans shall incorporate recommendations provided in the comprehensive geotechnical evaluation, and be reviewed and approved by the project geotechnical consultant. Additional mitigation measures will also be given at the time of the grading plan review if necessary. 3. The project grading and foundation plans shall incorporate recommendations provided in the comprehensive geotechnical evaluation, and be reviewed and approved by the project geotechnical consultant. All cut and fill slopes shall be observed and inspected by the project engineering geologist. Geologic inspection of the cut and fill slopes shall be performed at the time of grading in order to confirm conditions of stability. Additional and/or revised mitigation measures may be necessary based upon the geology of the exposed deposits and should be anticipated. H. HYDROLOGY/WATER QUALITY signifkant Effect Mitigation measures, including compliance with Regional Water Quality Control Board regulations and implementation of best management practices, will reduce impacts from cumulative projects to a level of less than significant. finding Pursuant to Section 15091 (aI(l-1 of the State CEDA Guidelines, changes or alterations are required in, or incorporated into, the Reduced Project Alternative which will avoid the significant environmental effect as identified in this Final Program EIR. 1. Implementation of the Storm Drainage and Desiltation/Depollutant Plan as proposed in the Master Plan. December 7 995 Page 34 GREEN VALLEY MASTt,, PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT 2. 3. 4. 5. 6. 7. 8. 9. I. Upon submittal of the final engineering documents, a comprehensive evaluation of the proposed storm drain facilities shall be prepared. The project facilities plans shall incorporate recommendations provided in the comprehensive evaluation, and be reviewed and approved by the project hydrological consultant. Additional mitigation measures will also be given at the time of the grading plan review if necessary. The depollutant basins shall be designed in accordance with the appropriate standards detailed in the California Stormwater Best Management Practices Handbook (March 1993) to the satisfaction of the City Engineer. The maintenance program of the sedimentation and depollutant basins shall be prepared and approved at the final design stage. Proper protection to the creek shall be provided by the use of silt fences and other approved methods during grading between the desiltation basins and the creek. Drainage facilities must be provided concurrent with development of the area. A Phase I environmental analysis shall be prepared for the site to evaluate the existence of hazardous/toxic materials onsite, and to make recommendations for any remediation procedures. No grading shall be performed during the rainy season as determined by the Coastal Commission. Detention Basin “C” (located on the east side of El Camino Real per Chang Study) shall be constructed prior to or concurrent with development of the project; or other means utilized to provide required freeboard at the crossings of Encinitas Creek for the project access and El Camino Real. CIRCULATION Significant Effect The Reduced Project Alternative, in conjunction with cumulative buildout forecasts, will result in a significant cumulative impact to traffic and circulation. Mitigation measures including compliance with the Carlsbad Growth Management Program will reduce impacts from cumulative projects to a level of less than significant. December 1995 Page 35 GREEN VALLEY MASTh PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT Mding Pursuant to Section 15091 (a)(1 I of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Reduced Project Alternative which will avoid the significant environmental effect as identified in this Final Program EIR. The recent certification of the General Plan Final Master EIR 93-01, by City Council Resolution No. 94-246, including a “Statement of Overriding Considerations” for circulation impacts created by projects which are consistent with the General Plan and cumulatively contribute to the failure of intersections at buildout, including the Las Costa Avenue/El Camino Real intersection. The Reduced Project Alternative is consistent with the General Plan and is therefore included within the Statement of Overriding Considerations adopted by the City Council for the General Plan. The required street improvements and their phasing, based on ultimate buildout conditions, are as follows: 1998 Mitigation 1. La Costa Avenue between I5 and El Camino Real - Add two (2) additional through lanes. 2. El Camino Real/La Costa Avenue - Add a westbound right. 3. El Camino ReaVOlivenhain Road-Leucadia Boulevard - Add a northbound through with a transition lane north of the intersection. 2000 Mitigation 1. El Camino Real/La Costa Avenue - Add a westbound right. (If Leucadia Boulevard is connected from I5 to El Camino Real, then this mitigation measure is not required.) 2. El Camino ReaUOlivenhain Road-Leucadia Boulevard - Add a northbound through with a transition lane north of the intersection. However, under the “with” Leucadia Boulevard connection, from I5 to El Camino Real, for Alternative 3, the intersection still operates at an unacceptable level of service. Even though project impacts will be mitigated with the addition of this traffic lane, the intersection cannot be mitigated to a level of insignificance for Alternative 3. December 1995 Page 36 - GREEN VALLEY MAST& PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT 3. El Camino Real between Olivenhain Road-Leucadia Boulevard and Calle Barcelona -Add a northbound travel lane, only-for Alternative 3, under the “with” Leucadia Boulevard connection, from I5 to El Camino Real. 4. Leucadia Boulevard -Connection from I5 to El Camino Real. This connection eliminates the requirement for mitigation measures at the El Camino Real/La Costa Avenue intersection. 20 10 Mitigation 1. Given the reduced development proposal and the planned future roadway system no added mitigation measures are required for future conditions under Alternatives 1 and 2. Therefore, providing these reduced alternative access plans will mitigate all impacts at year 2010. However if Alternative 3 is provided, the added westbound right at the El Camino Real/La Costa Avenue intersection is still requiidd. J. NOISE Significant Effect The Reduced Project Alternative will result in an increase in ambient noise levels, which together with projected Series 8 development, will result in a cumulative impact on noise levels. Implementing local noise ordinances, constructing buildings according to state acoustical standards, and proper land use planning can mitigate noise impacts to noise sensitive land uses and habitat areas to less than significant levels. Ending Pursuant to Section 15091 (a)(1 I of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Reduced Project Alternative which will avoid the significant environmental effect as identified in this Final Program EIR. 1. During construction activities on-site, the following short-term acoustic mitigation measures should be implemented: 0 Construction activities on-site should take place only during the days and hours specified by the City of Carlsbad to reduce noise impacts during more sensitive time periods. December I995 Page 37 - GREEN VALLEY MAST&n PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT l All construction equipment, fixed or mobile, should be equipped with properly operating and maintained mufflers. l Stationary equipment should be placed such that emitted noise is directed away from sensitive noise receivers. a Stockpiling and vehicle staging areas should be located as far as practical from sensitive noise receptors. a Every effort should be made to create the greatest distance between noise sources and sensitive receptors during construction activities. 2. A noise analysis based upon on-site noise monitoring should be performed adjacent to the proposed residential areas, prior to construction of the residential uses in order to determine specific site design measures to be incorporated into the project. Site design measures to reduce noise at the residential building pads on-site over the long-term should include: 0 Building setbacks and pad elevations can be used in conjunction with acoustic berm or berm and barrier combinations to reduce intrusive noise levels at those building sites located within areas with excessive noise exposures adjacent to master planned roadways on-site prior to the issuance of building permits. a Multi-story buildings located within ultimate unattenuated noise impact areas may require architectural treatments such as double glazing on the upper floor windows, which should be addressed at more detailed levels of planning. 0 Any courtyards, plazas and open space areas designed for pedestrian uses should be shielded from intrusive noise levels by intervening structures wherever possible. a Prior to the issuance of building permits, the final lot layout, pad elevations, building design, acoustic berm or berm and barrier combinations should be evaluated by an acoustic consultant to insure that proper noise mitigation has been provided. 0 Commercial truck access, parking area design, air conditioning and refrigeration units, and refuse bin locations should be carefully designed and evaluated at more detailed levels of planning to minimize the potential for acoustic impacts to adjacent residential development. . December 1995 Page 38 - - GREEN VALLEY MASTkti PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT K. AIR QUALITY Significant Effect Implementation of the Reduced Project Alternative will contribute to the emissions in the area. Cumulative air quality impacts are anticipated to remain significant and unavoidable. Finding Pursuant to Section 15091 (a)(1 I of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Reduced Project Alternative which will avoid the significant environmental effect as identified in this Final Program EIR. Certification of the 1994 General Plan Update Final Master EIR 93-01 by City Council Resolution No. 94-246 includes a “Statement of Overriding Considerations” for air quality impacts. This “Statement of Overriding Considerations” applies to all subsequent projects covered by the General Plan Update Final Master EIR. The Reduced Project Alternative is consistent with the General Plan and would be considered a later development project covered. by the General Plan Update Final Master EIR and would not require an individual Statement of Overriding Considerations. For the Reduced Project Alternative those mitigation measures identified in the General Plan Final Master EIR to reduce cumulative air quality impacts shall be incorporated into the Master Plan. Incorporation of those mitigation measures and subsequent implementation of the measures on an individual development basis will contribute to the greatest extent possible to the reduction of cumulative air quality impacts. Although the cumulative long-term impacts can not be fully mitigated, potentially significant short-term (construction-related) air quality impacts can be mitigated to below a level of significance by implementing the following measures: 1. Construction operations requiring road closures or other types of traffic impediments affecting roadways adjacent to the site shall be scheduled for off-peak traffic hours. 2. To reduce the amount of fugitive dust generated during construction activities on-site, it is possible after clearing, grading, earth moving, or excavation activities to: l seed and water until ground cover is established; l water construction sites and equipment in the morning and evening; l time activities to avoid windy periods; * December 1995 Page 39 - GREEN VALLEY MASTEH PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT h FINAL CEQA FINDINGS OF FACT 3. Adequate watering techniques shall be employed to partially mitigate the impact of construction-generated dust particulates. Portions of the project site that are under-going earth moving operations will be watered such that a crust will be formed on the ground surface (and then be watered again at the end of the day). 4. Any vegetative ground cover to be utilized on-site shall be planted as soon as possible to reduce the amount of open space subject to wind erosion. Irrigation systems needed to water these plants shall be installed as soon as possible to maintain the ground cover. 5. Grading operations shall not be conducted when winds exceed 30 miles per hour. 6. Where possible, diesel-powered construction equipment shall be used rather than gasoline-powered equipment to affect exhaust emission reductions and evaporative and crankcase HC emission reductions. 7. Construction equipment using diesel drive internal combustion engines shall use a diesel fuel with a maximum of 0.05% sulfur and a four degree retard. 8. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 9. 10. 11. 12. Any construction vehicle access roads where dust is deposited should be cleaned after each work day. Building construction shall comply with the energy use guidelines in Title 24 of California Administrative Code. Low emission building materials such as preprimed and sanded wood molding and trim products and preprimed wallboard, should be considered for construction materials wherever feasible. The use of energy efficient street lighting and parking lot lighting (low pressure sodium vapor lights) should be considered on-site to reduce emissions at the power plant serving the site. l conduct street sweeping on local public thoroughfares where silt and sand from the project site has been deposited by the wind. December 7995 Page 40 57 _- - GREEN VALLEY MASTEh PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT L. PUBLIC FACILITIES AND SERVICES Significant Effect The Reduced Project Alternative contributes to the cumulative impact on Public Facilities and Services. Finding Pursuant to Section 15091 (a)(1 I of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the Reduced Project Alternative which will avoid the significant environmental effect as identified in this Final Program EIR. 1. All the appropriate agency conditions for development shall be met by the Project Applicant including payment of public facilities fees. XI. FEASIBILITY OF POTENTIAL PROJECT ALTERNATIVES Because the Reduced Project Alternative will cause some unavoidable significant environmental effects, as outlined above (see Section XI, the City must consider the feasibility of any environmentally superior alternative to the Reduced Project Alternative, as finally approved. The City must evaluate whether one or more of these alternatives could avoid or substantially lessen the unavoidable significant environmental effects. Citizens for Qualitv Growth v. Citv of Mount Shasta (19881 198 Cal. App.3d 433 [243 Cal. Rptr. 7271; see also Pub. Resources Code section 2 100 1. Because it is a judgment call whether an alternative is environmentally superior these findings contrast and compare all of the alternatives analyzed in the FPEIR. In general, in preparing and adopting findings a lead agency need not necessarily address the feasibility of both mitigation measures and environmentally superior alternatives when contemplating the approval of a project with significant impacts. Where the significant impacts can be mitigated to an acceptable (insignificant) level solely by the adoption of mitigation measures, the agency, in drafting its findings, has no obligation to consider the feasibility of environmentally superior alternatives, even if their impacts would be less severed than those of the Project as mitigated. Laurel Heiahts lmorovement Association v. Reaents of the University of California (19881 47 Cal.3d 376 I253 Cal Rptr. 4261; Laurel Hills Homeowners Association v. Citv Council (1978) 83 Cal.App. 3d 515 [147 Cal. Rptr. 8421 see also Kinas Countv Farm Bureau v. Citv of Handford (1990) 221 (Cal.App.3d 692 [270 Cal. Rptr. 6501. Accordingly, for this Reduced Project Alternative, in adopting the findings December 1995 Page 4 1 _- -4. GREEN VALLEY MASTER PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT concerning project alternatives, the City Council considers only those environmental impacts, that for the finally approved project, are significant. Other than the cumulative impacts discussed below, there are no impacts that are not mitigated to a level of less than significant. Where, as in this Reduced Project Alternative, significant cumulative environmental effects remain even after application of all feasible mitigation measures identified in the Final Program EIR, the decisionmakers must evaluate the project alternatives identified in the Final Project EIR. For this project the only significant cumulative impacts which are not mitigated are air quality and traffic. However, these effects have been previously considered in the 1994 General Plan Update Final Master EIR 93-01. The certification of EIR 93-01 by City Council Resolution No. 94-246, included a “Statement of Overriding Considerations” for air quality impacts and traffic impacts at the intersection of La Costa Avenue and El Camino Real for projects that are consistent with the General Plan. Under these circumstances the decisionmakers may still choose to evaluate the project alternatives identified in the Final Program EIR and make findings on the feasibility of Project alternatives. If there is a feasible alternative to the project, the decisionmakers must decide whether it is environmentally superior to the project. Proposed project alternatives considered must be ones which “could feasibly attain the basic objectives of the Project.” However, the Guidelines also require an EIR to examine alternatives “capable of eliminating” environmental effects even if these alternatives “would impede to some degree the attainment of the project objectives” [CEQA Guidelines section 15 126 subd. (d)] CEQA provides the following definition of the term “feasible” as it applies to the findings requirement: “Feasible’ means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.” Pub. Resources Code 5 21061 .l The CEQA Guidelines provide a broader definition of “feasibility” that also encompasses “legal” factors. CEQA Guidelines, § 15364 (“The lack of legal powers of an agency to use in imposing an alternative or mitigation measure may be as great a limitation as any economic, environmental, social, or technological factor.“). Accordingly, “feasibility” is a term of art under CEClA and thus is afforded a different meaning under CEQA than may be found in Webster’s Dictionary or other traditional sources. Moreover, Public Resources Code section 21081 governs the “findings” requirement under CEQA with regard to the feasibility of alternatives. This provision was recently amended by SB 919. It states in relevant part: December 1995 Pege 42 - GREEN VALLEY MASTER PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT 11 . . . [Nlo public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless the public agency makes one or more of the following findings: (a)(3) Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report.” The concept of “feasibility,” therefore, as it applies to findings, involves a balancing of various economic, environmental, social, legal, and technological factors. See Pub. Resources Code § 2106 I.1 ; CEGA Guidelines, 4 15364; Pub. Resources Code, 5 2 108 1.; see also Citv of Del Mar v. Citv of San Dieao (1992) 1.33 Cal.App.3rd 401, 414-417. In Citv of Del Mar v. Citv of San Dieao (1992) 133 Cal.App.3d 401, 415-417, the Court of Appeal found that the City of San Diego had “. . . considered and reasonably rejected . . . [certain] project alternatives . . . as infeasible in view of the social and economic realities in the region.” Id. at 417. The court determined that San Diego had attempted to accommodate the feasibility factors based upon its growth management plan which included the proposed development project. Accordingly, the court concluded: “Assuming this accommodation is a reasonable one (citation omitted), San Diego is entitled to rely on it in evaluating various project alternatives. The cost-benefit analysis which led to the accommodation is of course subject to review, but it need not be mechanically stated at each stage of the approval process. In this sense, ‘feasibilitv’ under CEQA encomoasses ‘desirabilitv’ to the extent that desirabilitv is based on a reasonable balancina of the relevant economic, environmental, social, and technoloaical factors. We accordingly conclude that San Diego dod not abuse its discretion under CEQA in rejecting various project alternatives as infeasible.” M. (emphasis added). These Findings determine that there are some environmental impacts from the Reduced Project Alternative but they are mitigated to below a level of significance. The findings below compare and contrast the alternatives. In rejecting all of the other alternatives, the decisionmakers have examined the finally approved project objectives and weighed the ability of the various alternatives to meet the objectives. The decisionmakers believe that the Reduced Project Alternatives best meets the finally approved project objectives with the least environmental impact. The objectives considered by the decisionmakers are: December 1995 Page 43 - GREEN VALLEY MASTER PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT 1.1 To create a distinctive sense of place and identity for each community and neighborhood of the City through the development and arrangement of various land use components. 1.2 To create a visual form for the community that is pleasing to the eye, rich in variety, highly identifiable, reflecting cultural and environmental values of the residents. 1.3 To provide for the social and economic needs of the community in conjunction with permitted land uses. 1.4 To develop programs which would correlate the ultimate density and projected population with the service capabilities of the City. 1.5 To achieve a variety of safe, attractive housing in all economic ranges throughout the City. 1.6 To preserve the neighborhood atmosphere and identity of existing residential areas. 1.7 To offer safe, attractive residential areas with a wide range of housing types, styles and price levels in a variety of locations. 1.8 To ensure that new master planned communities and residential specific plans contribute to a balanced community by providing, within the development, adequate areas to meet some social/human service needs such as sites for worship, daycare, youth and senior citizen activities, etc. 1.9 1.10 1.11 To limit the amount of new commercial land use designations to that which can feasibly be supported by the current growth rate of the trade area and the City, and to those which are consistent with the prime concept and image of the community as a desirable residential, open space community. To ensure that all residential areas are adequately served by commercial areas in terms of daily shopping needs which include convenience goods, food, and personal services. To establish and maintain commercial development standards to address landscaping, parking, signs, and site and building design, to ensure that all existing and future commercial developments are compatible with surrounding land uses. December 1995 Page 44 - GREEN VALLEY MASTttf PLAN h PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT PROJECT SPECIFIC OBJECTIVES 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 Maintain the viability of the riparian woodland corridor of Encinitas Creek and the topographic and habitat features of the upland bluff area. Provide for the creation of new riparian woodland and habitat areas contiguous to the existing riparian woodland. Provide an open space network containing pedestrian and bicycle trails to buffer the riparian woodland corridor from development and connect to the future citywide trail system. Utilite the linear form of the property to organize the elements of the project and create the maximum feasible buffer and setback from the riparian woodland corridor. Incorporate as an integral part of the site design and landscape plan appropriate debris removal areas and desiltation/depollutant basins to protect Encinitas Creek and Batiquitos Lagoon. Create an on-site circulation system that provides clear, coherent access to the development areas on-site and includes connections into the adjacent jurisdiction. . Provide sufficient direction for the design of the retail center so that it will respond well to the natural landform and use landscaping to organize and define the main elements of the center. Provide a proportionate fair share of affordable housing opportunities. Guide the visual transition from undeveloped to developed lands through the use of building form, color, and materials. The final program EIR for the Reduced Project Alternative examined a broad range of reasonable on-site and off-site alternatives to the project to determine whether it could meet the project’s objectives while avoiding or substantially lessening one or more of the project’s significant, unavoidable impacts. The City has properly considered and reasonably rejected the other project alternatives as “infeasible” pursuant to CEQA. December I995 Page 45 - GREEN VALLEY MASTER PLAN - PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEOA FINDINGS OF FACT NO PROJECT ALTERNATIVE Descnjltion of Alternative CEQA requires the analysis of the No Project Alternative (Public Resources Code Section 15126). This alternative assumes that the site would not be developed with the Reduced Project Alternative, and the site would remain in its existing condition. The existing uses of the site for agricultural production would continue indefinitely as market conditions, and constraints on agriculture (i.e. water costs) dictate. Finding Finding 3-Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. The project alternative would not feasibly achieve the basic objectives of the project. Facts in Support of Finding This alternative would not meet the City of Carlsbad planning and design objectives established for the City and objectives established specifically for the project as expressed in the Master Plan and Final EIR. These objectives include: General Objectives 1.1 1.3 1.4 1.5 To create a distinctive sense of place and identity for each community and neighborhood of the City through the development and arrangement of various land use components. To provide for the social and economic needs of the community in conjunction with permitted land uses. To develop programs which would correlate the ultimate density and projected population with the service capabilities of the City. To achieve a variety of safe, attractive housing in all economic ranges throughout the City. December 1995 Page 46 GREEN VALLEY MASTER PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT 1.7 To offer safe, attractive residential areas with a wide range of housing types, styles and price levels in a variety of locations. 1.8 To ensure that new master planned communities and residential specific plans contribute to a balanced community by providing, within the development, adequate areas to meet some social/human service needs such as sites for worship, daycare, youth and senior citizen activities, etc. 1.10 To ensure that all residential areas are adequately served by commercial areas in terms of daily shopping needs which include convenience goods, food, and personal services. Project Specific Objectives 2.2 Provide for the creation of new riparian woodland and habitat areas contiguous to the existing riparian woodland. 2.3 Provide an open space network containing pedestrian and bicycle trails to buffer the riparian woodland corridor from development and connect to the future citywide trail system. 2.5 Incorporate as an integral part of the site design and landscape plan appropriate debris removal areas and desiltation/depollutant basins to protect Encinitas Creek and Batiquitos Lagoon. 2.6 Create an on-site circulation system that provides clear, coherent access to the development areas on-site and includes connections into the adjacent jurisdiction. 2.8 Provide a proportionate fair share of affordable housing opportunities. DEVELOPMENT UNDER ALL OF THE EXISTING GENERAL PLAN LAND USE DESIGNATIONS Descn’ption of Ah!wnative The General Plan Land Use Alternative would propose a Master Plan based on the existing General Plan land use designations of C/O/RMHlOS and use the same development area and road circulation system as the Reduced Project Alternative. This would allow for development with a combination of Commercial, Office and Residential Medium High Density, 8-l 5 dwelling units per acre. This alternative would not require a General Plan Amendment. Land uses would be as follows: December 1995 Page 47 GREEN VALLEY MASTER PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT l 400 multi-family dwelling units l 335,000 sq. ft. of retail a 350,000 sq. ft. office In addition to the General Plan land uses, the same Master Plan proposed open space uses would apply. As with the Reduced Project Alternative, each of the identified potentially significant impacts associated with the project are expected to be reduced to less than significant levels by mitigation measures described for the proposed project. The same mitigation measures are expected to be applied similarly to the General Plan Land Use Alternative. Both the originally proposed project and the General Plan Alternative would have the same impacts to biology. No other potential impacts identified as insignificant for the proposed project would be potentially significant under this alternative, due to the similarity of use with the proposed project. Because this alternative only shifts some of the land uses for individual lots, swapping commercial uses of office use, the impacts would remain the same as those expected from the proposed project. Ending Finding 3-Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. This project alternative would not feasibly achieve the basic objectives of the project. Facts in Support of finding The review process for the project and the alternatives has included an extensive public participation process and an analysis of specific conditions which effect the property which included market studies and evaluation of the surrounding community. This process has progressed beyond what the General Plan land use designations anticipated for the property. This alternative, when compared with the Reduced Project Alternative, has a greater amount of development and more impacts. The key factors can be compared and contrasted to the Reduced Project Alternative in Exhibit 1. This alternative would not meet the City of Carlsbad planning and design objectives established for the City and objectives established specifically for the project as expressed in the Master Plan and Final EIR. These objectives include: 1.3 To provide for the social and economic needs of the community in conjunction with permitted land uses. December 1995 Page 48 - GREEN VALLEY MASTER PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT 1.5 To achieve a variety of safe, attractive housing in all economic ranges throughout the City. 1.6 To preserve the neighborhood atmosphere and identity of existing residential areas. 1.9 To limit the amount of new commercial land use designations to that which can feasibly be supported by the current growth rate of the trade area and the City, and to those which are consistent with the prime concept and image of the City as a desirable residential and open space community. ENVIRONMENTALLY PREFERRED ALTERNATIVE Descn~tion of A/temi#tive The “Environmentally Preferred Alternative” is a modified development program and site design which would reduce or eliminate potential impacts of the project. This alternative was identified for comparison to the originally proposed project. In the context of the range of alternatives currently under consideration a more accurate description would be a biologically preferred alternative. This is because the most significant change represented by the alternative is a change to biological impacts. Other key factors between four alternatives can be compared and contrasted in Exhibit 1. The land use designation under this alternative would be consistent with the General Plan Land Use Alternative (previously described) which utilizes all four potential land uses contained in the combination district designation (C/O/RMH/OS). A modified site design would eliminate the 0.6 acre impact to coastal sage shrub adjacent to the upland bluff. Total daily traffic would be further reduced but total peak hour trips would be increased as compared to the Proposed Project. The proposed creek crossing at Levante Street is eliminated by the Environmentally Preferred Alternative to further reduce the impacts to biological resources. Access to the site would be from future Leucadia Boulevard to the south in the City of Encinitas and from El Camino Real to the east via an extension of future Calle Barcelona. Finding The alternative described as the “Environmentally Preferred Alternative” was identified and analyzed as part of the planning review process in 1993-94 prior to the preparation and analysis of the Reduced Project Alternative. The Reduced Project Alternative came about as a result of additional planning review in 1995. A comprehensive comparison of the two alternatives (see Exhibit 1) finds that while the alternative originally described as the December 1995 Page 49 - GREEN VALLEY MASTER PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT - FINAL CEQA FINDINGS OF FACT “Environmentally Preferred Alternative” does reduce biological impacts the Reduced Project Alternative overall produces the environmentally superior project. Facts in Support of Finding The key facts of comparison between the Proposed Project, “Environmentally Preferred Alternative” and Reduced Project Alternative are shown in Exhibit 1 and discussed below. 1. 2. 3. 4. 5. The total development program of the “Environmentally Preferred Alternative” of 685,000 s.f. of commercial development and 400 multi-family dwelling units is more intense than the total development program of the Reduced Project Alternative which is comprised of 300,000 s.f. of commercial development and 400 single-family dwelling units. The development area remains the same for both alternatives. The daily trip generation and combined A.M./P.M. peak hour trip generation is greater for the “Environmentally Preferred Alternative” than the Reduced Project Alternative. The elimination of the project entrance at Levante Street does reduce the impacts to biology, however, the Reduced Project Alternative contains mitigation measures that reduce the biological impacts to below a level of significance. The impact to 0.6 acres of. coastal sage shrub adjacent to the upland bluffs is eliminated from the Reduced Project Alternative as well as the “Environmentally Preferred Alternative”. The second crossing provides benefits over one crossing as noted in the comparison of the three alternatives below. December 1995 Page 50 - ,I GREEN VALLEY MASTER PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT Exhibit 1 COMPARISON OF KEY FACTORS General Plan Environmentally Reduced Proposed Land Use Preferred Project Project Alternative Alternative Alternative Description (1992) (1993-1994) (1993-94) (1995) Total 400 Multi-Family 400 Multi-Family 400 Multi-Family 400 Single- Development D.U. D.U. D.U. Family D.U. Program 600,000 S.F. 335,000 S.F. Retail 335,000 S.F. 300,000 S.F. Retail 350,000 S.F. Office Retail Retail 12,000 S.F. 350,000 S.F. Neigh. Retail Office Daily Trip 34,600 26,950 26,950 25,300 Generation Peak Hour Trip Generation Crossings of Encinitas Creek 910 A.M. 1571 A.M. 3180 P.M. 2929 P.M. 4090 Total 4500 Total 2 2 1571 A.M. 2929 P.M. 4500 Total 1’ 960 A.M. 2540 P.M. 2500 Total 2’ Impacts to 0.6 Acres 0.6 Acres 0 Acres 0 Acres Upland Bluffs Coastal Sage Shrub Habitat 6. The facts noted and illustrated in Exhibit 1 also allow additional comparisons of the environmental impacts of the alternatives. a. The elimination of the point of access at Levante Street would cause the multi- family residents of a project designed in accordance with the “Environmentally Preferred Alternative” to drive significant additional distances thereby creating a further impact to air quality. This is a result of residential trips to or from destinations north of the site having to travel an additional distance to the south, out of the way, before being able to travel in the desired northerly (1) In accordance with the standards established by the Otay Ranch Corridor Study (Ogden 1992). December I995 Page 51 4 GREEN VALLEY MASTER PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT direction. Based on an estimated 30 percent distribution of trips from the site to the north and the master plan maximum of up to 400 multi-family dwelling units, the additional travel could total approximately 160,000 miles per year. The Reduced Project Alternative retains this access point and therefore eliminates this need for this additional travel distance for the maximum of up to 400 single-family dwelling units. b. The orientation of all residential access to the south to Calle Barcelona may not achieve the public health, safety and welfare requirements of the City of Carlsbad. This includes cul-de-sac standards and multiple points of egress for the fire safety. If the specific technical standards were met, there would remain a situation where a brush fire or other incident could block egress at that narrow southern point and residents of the neighborhood would have no alternative evacuation route to the north, west or east. In this respect, the “Environmentally Preferred Alternative” may not be able to meet the City of Carlsbad planning and design objectives as expressed in the Public Safety Element. Disaster Preparedness as follows: 8.2 to establish and maintain safe and effective evacuation routes. The Reduced Project Alternative retains the Levante Crossing as a second point of access and would be able to meet the City of Carlsbad planning and design objectives. OFFSITE ALTERNATIVE D8SCniptiOrI of Attemative In consultation with the Carlsbad Planning Department, the Robertson Ranch property was chosen for evaluation as an alternative site (off-site alternative) for the proposed Green Valley Master Plan project. The Robertson Ranch property is located on the east side of El Camino Real south of Tamarack Avenue and north of the future Cannon Road in the northern portion of Carlsbad. This site is currently being used for agricultural purposes, with native vegetation on some of the steeper slopes. A single residence and several agricultural buildings are currently located on this site. Most of this site is designated as RML, Residential Medium-Low, O-4 dwelling units per acre by Carlsbad’s General Plan. A small portion of the site adjacent to the intersection of El December 1995 GREEN VALLEY MASTER PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT Camino Real and Tamarack Avenue is designated as RM, Residential Medium, 4-8 dwelling units per acre. This property is currently zoned Limited Control, L-C. The Limited Control Zone in Carlsbad is a holding zone which is placed on large properties to allow them to continue in agricultural or open space use until a detailed master or specific plan can be completed. At the present time there are no development plans in process with the City for this property. Approximately 1,122 units were allocated to the Robertson Ranch by the Zone 14 Local Facilities plan. More detailed planning studies could reduce the potential number of units allowed based on a more accurate slope determination and more detailed environmental review of this site. Although approximately 300 acres of the Robertson Ranch is shown as an alternative site, the alternative site design is located on approximately 75 acres of the property located adjacent to the future intersection of El Camino Real and Cannon Road. This portion of the Robertson Ranch was chosen for an alternative analysis because of its comparable size, location near the intersection of El Camino Real and a future Arterial (Cannon Road), single ownership, agricultural use and similar topography to the Green Valley Master Plan. This alternative site is comparable in size to the actual amount of area that will be developed by the Green Valley Master Plan. Although the Green Valley Master Plan covers 281.2 acres 194.8 of these acres will remain in open space while another 10.6 acres will be in public street right-of-way. After subtracting this acreage only 75.8 acres of land remain for the proposed development. finding Finding 3Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. Facts in SupptW of findiing This alternative would not meet the City of Carlsbad planning and design objectives established by the City and objectives established specifically for the project as expressed in the Master Plan and Final EIR. These objectives include: December 1995 Page 53 GREEN VALLEY MASTER PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEOA FINDINGS OF FACT General Objectives 1.1 1.3 1.4 1.9 1.10 To create a distinctive sense of place and identity for each community and neighborhood of the City through the development and arrangement of various land use components. To provide for the social and economic needs of the community in conjunction with permitted land uses. To develop programs which would correlate the ultimate density and projected population with the service capabilities of the City. To limit the amount of new commercial land use designations to that which can feasibly be supported by the current growth rate of the trade area and the City, and to those which are consistent with the prime concept and image of the community as a desirable residential, open space community. To ensure that all residential areas are adequately served by commercial areas in terms of daily shopping needs which include convenience goods, food, and personal services. Project specific obj8CtiV8S 2.2 Provide for the creation of new riparian woodland and habitat areas contiguous to the existing riparian woodland. 2.3 Provide an open space network containing pedestrian and bicycle trails to buffer the riparian woodland corridor from development and connect to the future citywide trail system. 2.5 Incorporate as an integral part of the site design and landscape plan appropriate debris removal areas and desiltationldepollutant basins to protect Encinitas Creek and Batiquitos Lagoon. This alternative would place community commercial land use in an area where it has not been planned and not place it in an area where it has been planned for and supported by the growth and trade area. December 1995 Page 54 CL- h GREEN VALLEY MASTER PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT FINAL CEQA FINDINGS OF FACT SUMMARY The examination of the alternatives has determined on balance that the Reduced Project Alternative represents the approach which best meets the objectives established for the City and the project. There are no impacts that can not be mitigated to below a level of significance and the Reduced Project Alternative, compared to the alternatives, will produce the environmentally superior project. December 1995 Page 55 .- - ExkurT GREEN VALLEY MASTER PLAN -a- ENVIRONMENTAL IMPACT REPORT MITIGATION MONlTORlNG AND REPORTING PROGRAM LAND USE Potential Impacts With the reduction of the retail area to accommodate less than 300,000 square feet, each of the land uses will be in conformance with the General Plan land use descriptions. However, 1. Development, as proposed, of Planning Area 5 as a commercial site would conflict with primary and secondary priorities of the Open Space Conservation Resource Management Plan and result in a significant land use effect. Mitigation Measures 1. Designate Planning Area 5 as open space or unplanned area within the Master Plan. 2. A physical and visual buffer should be provided between the commercial PA2 and the residential PA3. The requirement for buffering shall be included in the Master Plan. 3. As a procedural follow-up recommended in the OSCRMP, all areas designated as open space in the Master Plan will be designated as such on the General Plan Land Use Map and Zoning Map. This action, although not mitigation, strengthens the preservation of lands designated as open space. Checkpoints 1. Approval of the Master Plan Responsible Parties 1. Planning Department Sanctions 1. No approval of the Master Plan without designating Planning Area 5 as Open Space or Unplanned Area. VISUAL QUALlWLANDFORM ALTERATION Potential Impacts 1. The change from a semi-natural (agricultural) to a built environment. 2. The creation of two road breaks in an otherwise contiguous riparian corridor. 3. 4. Landform alteration and the creation of manufactured slopes and retaining walls. Intensification of structural development at the southwest corner of El Camino Real and La Costa Avenue. The proposed Master Plan development standards, subject to approval by the City of Carlsbad, will serve as comprehensive guidelines for the project as a whole. These standards include the following: 1. Architectural design standards for scale, massing, rooflines, building color and material guidelines, landscaping, and location on-site shall be used to create a visual blend with the - bluff topography, existing vegetation, and colors of the native environment. 2. Landscaping and revegetation shall be used to recreate as closely as possible the continuous visual effect of the riparian corridor. 3. Light overspill shall be minimized through the use of lighting shields, minimum intensity lighting, and minimization of lighted signage. 4. Where possible, project contrast shall be minimized and regulated along any bluff silhouette line or adjacent to native vegetation and Encinitas Creek through landscaping/revegetation and lower pads. These development standards will provide sufficient control to negate the potential visual quality and land form alteration impacts of individual development projects approved and implemented consistent with the Master Plan. In conjunction with the Master Plan, the mitigation measures listed below, will mitigate any remaining visual quality impacts to a level of insignificance. Mitigation Measures 1. If Planning Area 5 is approved for commercial development, it shall be developed subject to all applicable requirements of the El Camino Real Corridor Standards including the approval of a Special Use Permit and Coastal Development Permit. Checkpoints 1. Approval of the Master Plan and subsequent discretionary approvals. Responsible Parties 1. Decision making body 2. Planning Department Sanctions 1. No approval of commercial or residential development within the El Camino Real Corridor without a Special Use Permit consistent with Section 21.95080 of the Carlsbad Municipal Code. 2. No approval of the Master Plan without the establishment of development standards consistent with the above criteria. BIOLOGICAL RE!SOURCES Potential Imptzds 1. Approximately 1.0 acres (4.2 percent) of Diegan coastal sage scrub will be directly impacted by the Project Other potentially occurring sensitive sage scrub species would also be affected. These direct impacts are mitigated by the Master Plan which would create 8.01 acres of new coastal sage scrub. 2. Approximately 4.6 acres (14 percent) of southern riparian woodlandwill be directly impacted by the Reduced Project Alternative. All of these impacts would occur along Encinitas Creek from the proposed crossings for access to the site and the widening of El Camino Real. These impacts are considered potentially significant because of the sensitivity of this community and species observed in it, such as the least Bell’s vireo, southwestern willow flycatcher, yellow warbler, and yellow-breasted chat. The proposed Master Plan mitigates these impacts to below a level of significance by incorporating 11.75 acres of riparian restoration and 3.5 acres of riparian enhancement into the plan, although the preferred mitigation option is avoidance of impacts. 73 3. Traffic generated noise represents the most significant indirect impact of this project. The project will increase the amount of area im the southern part of the riparian woodland, !i acted by noise by approximately 2.5 percent in .8 percent in the northern part of the woodland, and not at all in the central portion (Endo Engineering 1993). The area of riparian woodland impacted by project generated noise is estimated to total less than 0.75 acre. This impact is mitigated to a level of insignificance by the 15.25 acres of riparian enhancement proposed by the Master Plan. Because the most preferred mitigation is avoidance, the No Project Alternative would eliminate the impacts and no riparian restoration or enhancements would be required. The following potentially significant biological impacts of the Project are not mitigated by the proposed restoration and enhancement plans presented in the Master Plan. However, they can be mitigated by the measures discussed below under Mitigation Measures. 1. Approximately 1.0 acre (13 percent) of southern coastal salt marsh will be directly impacted by the proposed access to the site at Levante Street. This impact is considered a potentially significant cumulative impact because of the sensitivity of this plant community. 2. The project as proposed will reduce wildlife movement through Encinitas Creek with the placement of the two proposed bridge crossings. This creek is identified as a wildlife corridor in the Carlsbad Habitat Management Plan (HMP). The potential impact to wildlife movement along Encinitas Creek would be considered significant. Although the open space plan presented in the Master Plan incorporates extensive restoration of riparian and upland habitats, potentially significant impacts may still occur from implementation of the project. Mitigation Memures 1. The effectiveness of the proposed buffer areas between the proposed development and natural areas shall be increased through the use of barrier plantings such as cacti. The planting of the buffer areas shall be subject to the review and approval of the resource agencies. 2. Two acres of southern coastal salt marsh habitat shall be restored on-site. The on-site location of the restoration shall require approval of the California Department of Fish and Game and shall be incorporated into the Master Plan Gpen Space and Biological Habitat Enhancement Plan. 3. Detailed restoration plans based on the required mitigation ratios and the Open Space and Habitat Protection and Enhancement Plan outlined in the Master Plan shall be prepared, reviewed, and approved by the appropriate resource agencies prior to grading permit. 4. Regarding impacts to wildlife movement along Encinitas Creek; Because the most preferable mitigation is avoidance, the first approach is to eliminate both the Calle Barcelona and Levante Street crossings of the creek to reduce impacts to riparian areas/wildlife movement along Encinitas Creek. Elimination of the crossings will also reduce impacts to southern coastal salt marsh. However, elimination of both crossings is not feasible based on project circulation and access requirements. Since eliminating both crossings renders the project infeasible, the elimination of one crossing is the preferred mitigation. One crossing has the potential to create fewer impacts than two and the greatest biological benefit would be attained from eliminating Levante Street. This would create the largest possible block of riparian habitat and also eliminate. direct impacts from the Levante Street crossing which includes disturbance to 0.4 acres of southern coastal salt marsh. However, impacts to wildlife movement can also be mitigated through the design of one or two crossings. Using either ‘the Otay Ranch Corridor Study (Ogden 1992) as a model or other specifications acceptable to the California Department of Fish and Game, adequate - opportunity for north-southwildlife movement can be created thereby also mitigating impacts to wildlife movement along the Encinitas Creek to a level of less than significant. 6. Traffic noise and other noise impacts to the riparian corridor are considered to be mitigated by the proposed restoration plans presented in the Master Plan. Additional mitigation could further reduce noise impacts in the form of noise attenuation structures adjacent to the riparian corridor and/or elimination of one of the creek crossings. Checkpoints ~ 1. Grading Permit 2. Mitigation report by consulting biologist submitted to the City Planning Department prior to any grading for construction affecting the site. Responsible Parties 1. Planning Department 2. Engineering Department 3. California Department of Fish and Game 4. U.S. Army Corps of Engineers 5. Consulting Biologist Sanctions 1. No approval of grading permits without acceptable mitigation reviewed and approved by the California Department of Fish and Game for creek crossing. 2. No approval of grading permits without satisfactory landscaping and revegetation plans. 3. No issuance of building or occupancy permits without properly accomplished mitigation. CULTURAL RESOURCES Potential Impacts Implementation of the Project would result in a potentially significant impact (i.e., total removal) of the cultural resources at archaeological site GV-4. Potential impacts to the archaeological resources onsite shall be mitigated to a level of insignificance by excavation and analysis of a representative sample. This shall include one of the following: 1. A minimum area of 26 square meters of GV-4 shall be excavated by hand prior to grading. Only Stratum II shall be systematically excavated since Stratum I contains no significant cultural material. Special emphasis shall be placed upon analyzing the fauna1 remains since the test results suggest animal bone is among the most scientifically useful and interesting components of the deposit. 2. A minimum of 52 square meters of GV-4 shall be excavated by controlled mechanical means similar to those described in Van Horn, Murray, & White 1986; and Van Horn 1988. The other conditions set forth in item (1) above would remain the same. The reason for the larger sample as compared to item (1) above is due to the high cost of conventional archaeological excavation conducted by hand. Alternately, controlled mechanized excavation offers the potential for acquisition of a significantly larger sample for substantially less cost. 4 Regardless of which of the two methods is chosen, the archaeologist directing the mitigative work shall have the authority to halt excavations if, in his or her judgment, there is nothing to be gained by continuing. Checkpoints Report by consulting archeologist submitted to City Planning Department upon completion of work . and prior to grading for construction affecting the site. Responsible Parties 1. Planning Department 2. Engineering Department 3. Consulting Archeologist Sanctions No building permits or grading permits to be issued until mitigation report by consulting archeologist is submitted and approved by the City Planning Department. PALEONTOLOGICAL RESOURCES Potential Impacts Although the walkover survey and inspection did not result in the discovery of any fossils onsite, the subject area may contain paleontological resources from Eocene and Pleistocene sedimentary units, and Holocene sediments which could be significantly impacted by the Proposed Project. Careful development of this area may increase our knowledge and collections of the fossil assemblages and environment of deposition of the rock units in this area. Mitigation Measures The following measures will mitigate to a level of insignificance the potential impacts of the project on any significant paleontologic resources that may be present on the site: 1. A paleontological resource monitoring plan shall be developed by a Certified Paleontologist prior to the initiation of grading operations. This plan should include a grading observation schedule to be maintained when grading in bedrock units to further evaluate the fossil resources of the site. 2. Salvage operations shall be initiated and coordinated with the developer if significant concentrations of fossils are encountered. Checkpoints 1. Prior to issuance of grading permit. 2. Report by consulting paleontologist upon completion of grading. Responsible Patties 1. Planning Department 2. Engineering Department 3. Consulting Paleontologist Sanctions No approval of grading permit without mitigation plan. No building permits to be issued until mitigation report by consulting paleontologist is submitted to City Planning Department. GEOLOGY/SOILS Potential Impacts The potentially significant geology/soils impacts associated with the project are as follows: 1. The alluvium and slopewasbkolluvium that underlies much of the proposed development area may be susceptible to liquefaction and/or seismically induced settlement during significant seismic events. 2. Future development of the site may create conditions where the on-site materials would be susceptible to slope instabilities. The alluvium and the slopewash/colluvium underlying the area proposed for development is compressible and considered unsuitable, in their present state, for the direct support of structural loads. As much as 10 inches of settlement may occur where fills of 20 feet in depth are to be placed. 3. Shallow groundwater may impact the stability and working conditions in trench excavations, drilled pier excavations, or may occur as nuisance water in cut slope excavations. 4. Expansive soils may be encountered in excavations along the eastern site boundary where the- Delmar Formation underlies the site. 5. The earth materials onsite are generally susceptible to erosion from running water. Surface runoff has created incised gullies in the loose materials underlying the areas proposed for development. Mitigution Maasuns The following measures will mitigate to a level of insignificance the potential geologic impacts of the project: 1. A comprehensive geotechnical evaluation, including subsurface exploration and laboratory analysis, shall be performed to address the potential geotechnical impacts and to provide geotechnical criteria for the design of the proposed improvements. The evaluation(s) shall include appropriate subsurface explorations, laboratory analysis and engineering analysis to evaluate liquefaction potential, compressible soils, expansive soils, slope stability, dewatering parameters, soil corrosivity and other appropriate geotechnical concerns. From this data, recommendations for earthwork, slope stability, surface and subsurface drainage, building foundations, retaining walls, pavement structural sections, and other design considerations shall be formulated. 2. The project grading and foundation plans shall incorporate recommendations provided in the comprehensive geotechnical evaluation, and be reviewed and approved by the project geotechnical consultant. Additional mitigation measures will also be given at the time of the grading plan review if necessary. 3. The project grading and foundation plans shall incorporate recommendations provided in the comprehensive geotechnical evaluation, and be reviewed and approved by the project geotechnical consultant. All cut and fill slopes shall be observed and inspected by the project engineering geologist. Geologic inspection of the cut and fill slopes shall be performed at the time of grading in order to confirm conditions of stability. Additional and/or revised mitigation measures may be necessary based upon the geology of the exposed deposits and should be anticipated. Checkpoints 1. Prior to issuance of grading permit. Responsible Parties 1. Engineering Department Sanctions 1. No grading permit until mitigation measures are completed. HYDROLOGY/WATER QUALITY Potential Impacts 1. The project will increase the 10 year peak runoff on-site less than the 24% anticipated for the project due to a reduction in impermeable area associated with the commercial land area and the lower density residential development. (No change would result in the peak runoff leaving the site if the storm drain system is built as proposed; see Mitigation Measures.) 2. The project will result in the covering of less than approximately 30% of the site with impermeable structures (buildings and paving). Therefore fewer airborne pollutants will collect and become concentrated during the long dry season. The first rain washes these pollutants onto the pavement, which transports them offsite. Food operations in markets and restaurants can result in further pollutants leaking from trash enclosures. This site is located directly adjacent to the biologically-sensitive Encinitas Creek and Batiquitos Lagoon: Without proper mitigation, the project has the potential to significantly impact these resources. 3. Potentially hazardous agricultural chemicals may be present within soils onsite. These materials can cOme into contact with the receiving waters, and have an adverse impact on the beneficial uses of those waters. Miti”on Measuw Implementation of the Storm Drainage and Desiltation/Depollutant Plan as proposed in the Master Plan, in addition to the following measures, will mitigate the potentially significant hydrology/ water quality impacts of the project to below a level of significance. 1. Upon submittal of. the final engineering documents, a comprehensive evaluation of the proposed storm drain facilities shall be prepared. The project facilities plans shall incorporate recommendations provided in the comprehensive evaluation, and be reviewed and approved by the project hydrological consultant. Additional mitigation measures will also be given at the time of the grading plan review if necessary. 2. The depollutant basins shall be designed in accordance with the appropriate standards detailed in the California Stormwater Best Management Practices Handbook (March 1993) to the satisfaction of the City Engineer. 3. The maintenance program of the sedimentation and depollutant basins shall be prepared and approved at the final design stage. 4. Proper protection to the creek shall be provided by the use of silt fences and other approved methods during grading between the desiltation basins and the creek. 5. 6. Drainage facilities must be provided concurrent with development of the area. A Phase I environmental analysis shall be prepared for the site to evaluate the existence of hazardous/toxic materials onsite, and to make recommendations for any remediation procedures. 7. No grading shall be performed during the rainy season as determined by the Coastal Commission. 8. Detention Basin “C” (located on the east side of El Camino Real per Chang Study) shall be constructed prior to or concurrent with development of the project; or other means utilized to provide required freeboard at the crossings of Encinitas Creek for the project access and El Camino Real. Checkpoints 1. Prior to final map recordation 2. Prior to grading and/or building permit Responsible Parties 1. Planning Department 2. Engineering Department Sanctions 1. No recordation of final map or issuance of building and/or grading permits without Financing Plan guarantee for construction of required drainage facilities. 2. No approval of grading permit without necessary conditions and proper drainage and- depollutant system shown. CIRCULATION Potential Impacts Existing Conditions 1. Improvements are required at the La Costa Avenue Ramps (Northbound and Southbound) at the I-5 interchange. Improvements at this interchange are scheduled to begin in late 1995 and be completed by Year 1996-1997. 2. Improvements are required at the intersection of El Camino Real with Olivenhain Road/Leucadia Boulevard. Improvements at this intersection are currently in work. 1998 Impacts 1. La Costa Avenue between I-5 and El Camino Real wiU require four lanes. However, it can be noted that the critical intersections at each end of this section are/will be improved to the required geometries, which should be considered in the overall evaluation of this issue. 2. The El Camino Real/La Costa Avenue intersection will an added westbound right turn lane. This improvement may not be required for future conditions. 3. The El Camino Real/Olivenhain Road-Leucadia Boulevard intersection will require a northbound through lane. 2000 Impact3 For the Year 2000 conditions, “With” and “Without” the Leucadia Boulevard connection, from 15 to El Camino Real, were analyzed. Calle Barcelona between El Camino Real and Ranch0 Santa Fe was not assumed to be constructed. The proposed Green Valley project was assumed to be - C completed and Encinitas Ranch is expected to still be at Phase 1. 1. 2. 3. “Without Leucadia Boulevard”, an interim impact at El Camino Real/La Costa Avenue still remains. The project related impact can be mitigated by the added westbound right turn, but the intersection operations remain at LOS E. In other words, there is still an impact due to background traffic, but the project related impacts are mitigated. With the Leucadia Boulevard connection from the I-5 to El Camino Real assumed in place, the El Camino Real/La Costa Avenue intersection is no longer over capacity and the westbound right turn lane is no longer required. Either “With” or “Without” Leucadia Boulevard, from 15 to El Camino Real, the El Camino Real/Leucadia-Olivenhain intersection requires improvement under the three potential alternatives. However, if Alternative 3 (“With” Leucadia) is provided, which includes no site access at Leucadia Boulevard, then LOS E remains even with the mitigation at El Camino Real/L.eucadia-Olivenhain. The northbound side of El Camino Real from Leucadia-Olivenhain to CaUe Barcelona needs to be widened from two to three lanes (under the “with” Leucadia Boulevard connection from 15 to El Camino Real) and only for Alternative 3. 2010 Impacts For Buildout conditions, the “With” Leucadia Boulevard connection, from I5 to El Camino Real, is assumed to be provided and Calle Barcelona, from El Camino Real to Ranch0 Santa Fe Road, is expected to be constructed as well. The Green Valley and Encinitas Ranch projects are assumed to be fully built out. 1. For reduced development Alternatives 1 and 2 no added intersection mitigation is required.. The project access connection configurations serve as mitigation measures in conjunctionwith the planned road system. If Alternative 3 is provided then mitigation measures are required at the El Camino Real/La Costa Avenue intersection. La Costa Avenue and El Camino Real Intersection The implementation of subsequent projects that are consistent with and included in the General Plan will result in increased traffic volumes. However, the intersection of La Costa Avenue and El Camino Real will be severely impacted by regional through-traffic over which the City has no jurisdictional control. Even with the implementation of roadway improvements, the intersection is projected to fail the City’s adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include but are not limited to 1) measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The recent certification of the General Plan Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for circulation impacts created by projects which are consistent with the General Plan and cumulatively contribute to the failure of intersections at buildout, including the La Costa Avenue/El Camino Real intersection. The Reduced Project Alternative is consistent with the General Plan and is therefore includedwithin the Statement of Overriding Considerations adopted by the City Council for the General Plan. The Proposed Project, however, is not consistent with the General Plan because of the inclusion of the Regional Commercial land use designation. Approval of the Proposed Project would therefore require the issuance of a separate Statement of Overriding Consideration. To lessen or minimize the impacts specific to the Proposed Project mitigation measures as set forth in Chapter 4.0 and as supplemented or modified by the Reduced Project Alternative as set forth in Chapter 5.0 have been recommended. Mitigation Those mitigation measures identified in the General Plan Final Master EIR to reduce cumulative circulation impacts shall be incorporated into the Master Plan. Incorporation of those mitigation measures and subsequent implementation of the measures on an individual development basis will contribute to the greatest extent possible to the reduction of cumulative circulation impacts. 1998 Mitigation 1. La Costa Avenue between 15 and El Camino Real - Add two (2) additional through lanes. 2. El Camino Real/La Costa Avenue - Add a westbound right. 3. El Camino Real/Olivenhain Road-Leucadia Boulevard - Add a northbound through with a transition lane north of the intersection. 2000 Mitigation 1. 2. 3. 4. El Camino Real/La Costa Avenue - Add a westbound right. (If Leucadia Boulevard is connected from 15 to El Camino Real, then this mitigation measure is not required.) El Camino Real/Olivenhain Road-Leucadia Boulevard - Add a northbound through with a transition lane north of the intersection. However, under the “with” Leucadia Boulevard connection, from 15 to El Camino Real, for Alternative 3, the intersection still operates at an unacceptable level of service. Even though project impacts will be mitigated with the addition of this traffic lane, the intersection cannot be mitigated to a level of insignificance for Alternative 3. El Camino Real between Olivenhain Road-Leucadia Boulevard and Calle Barcelona - Add a northbound travel lane, only for Alternative 3, under the “with” Leucadia Boulevard connection, from 15 to El Camino Real. Leucadia Boulevard - Connection from 15 to El Camino Real. This connection eliminates the requirement for mitigation measures at the El Camino Real/La Costa Avenue intersection. 2010 Mitigation 1. Given the reduced development proposal and the planned future roadway system no added mitigation measures are required for future conditions under Alternatives 1 and 2. Therefore, providing these reduced alternative access plans will mitigate all impacts at year 2010. However if Alternative 3 is provided, the added westbound right at the El Camino Real/La Costa Avenue intersection is still required. Checkpoints 1. Construction of improvements 2. Approval of tentative map 3. Recordation of final map 4. Building occupancy Responsible Parties 1. Planning Department 2. Engineering Department Sanctions 1. No issuance of building permits if Growth Management standards for traffic levels of service are not met. 2. No approval of tentative map without applicable conditions. NOISE Potential Impacts 1. 2. 3. 4. 5. 6. Construction activities on-site will result in short-term increases in noise levels adjacent to site access routes and the on-site areas under construction. Project-related traffic noise increases will represent a long-term incremental acoustic impact in the vicinity and will be audible (greater than 3.0 dBA) along one link (Calle Barcelona, east of El Camino Real), potentially audible (between 1.0 and 3.0 dBA) on six links, and inaudible (less than 1.0 dBA) on the twelve remaining roadway links analyzed in 1995. Under year 2000 conditions, project-related traffic noise will be potentially audible (between 1.0 and 3.0 dBA) on up to 5 links, and inaudible (less than 1.0 dBA) on the remaining roadway links analyzed in 1995. Project-related traffic noise increases wiU represent a long-term incremental acoustic impact in the vicinity and will be potentially audible (between 1.0 and 3.0 dBA) on six links, and inaudible (less than 1.0 dBA) on the fifteen remaining roadway links under year 2010 conditions. Project impacts will be significant on only one link under one scenario (Calle Barcelona east of El Camino Real under 1995 conditions). On-site noise impacts may result from ultimate traffic volumes on El Camino Real, depending upon the sound propagation rate and site design measures incorporated in the project. Mitigation Measures The following mitigation measures shall be incorporated into the project to reduce noise impacts below significant and insure compliance with applicable noise standards: 1. During construction activities on-site, the following short-term acoustic mitigation measures should be implemented: 0 Construction activities on-site should take place only during the days and hours specified by the City of Carisbad to reduce noise impacts during more sensitive time periods. 0 All construction equipment, fixed or mobile, should be equipped with properly operating and maintained mufflers. 0 Stationary equipment should be placed such that emitted noise is directed away from sensitive noise receivers. l Stockpiling and vehicle staging areas should be located as far as practical from sensitive noise receptors. l Every effort should be made to create the greatest distance between noise sources and sensitive receptors during construction activities. 2. A noise analysis based upon on-site noise monitoring should be performed adjacent to the 83 proposed residential areas, prior to construction of the residential uses in order to determine specific site design measures to be incorporated into the project. Site design measures to reduce noise at the residential building pads on-site over the long-term should include: l l l l l Checkpoints Building setbacks and pad elevations can be used in conjunction with acoustic berm or berm and barrier combinations to reduce intrusive noise levels at those building sites located within areas with excessive noise exposures adjacent to master planned roadways on-site prior to the issuance of building permits. Multi-story buildings located within ultimate unattenuated noise impact areas may require architectural treatments such as double glazing on the upper floor windows, which should be addressed at more detailed levels of planning. Any courtyards, plazas and open space areas designed for pedestrian uses should be shielded from intrusive noise levels by intervening structures wherever possible. Prior to the issuance of building permits, the final lot layout, pad elevations, building design, acoustic berm or berm and barrier combinations should be evaluated by an acoustic consultant to insure that proper noise mitigation has been provided. Commercial truck access, parking area design, air conditioning and refrigeration units, and refuse bin locations should be carefully designed and evaluated at more detailed levels of planning to minimize the potential for acoustic impacts to adjacent residential development. 1. Discretionary approval of residential units. 2. Inspection of constructed improvements. Responsible Parties 1. Planning Department 2. Engineering Department Sanctions 1. No approval of discretionary development permits until noise report submitted and appropriate mitigation implemented. 2. No issuance of subsequent permits. AIR QUALlTY Potential Impacts 1. The development of the project site will generate exhaust emissions from construction equipment and the automobiles of the construction crew, as weU as fugitive dust during soil movement. 2. The project would generate carbon monoxide, reactive organic gases, NOx, particulates, and SOx daily upon build-out in the year 2000 due to the use of natural gas, electricity and vehicular activity. Since the San Diego Air Basin is a “non-attainment basin”, any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the General Plan wiU have cumulative significant impacts on the air quality of the region. - /c- The implementation of suusequent projects that are consistent with and included in the General Plan wiU result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the 1994 General Plan Update Final Master EIR. These include but are not limited to: 1) provisions for roadway and intersection improvements prior to or concurrent with development, such as improvements to La Costa Avenue and El Camino Real; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services, such as the inclusion of bus stops and bicycle and pedestrian trail systems within the project design; 4) promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The Project or the Reduced Project Alternative wiU be conditioned to comply with the recommended mitigation measures as described in the General Plan and in Section 4.11 (AIR QUALITY) of this EIR. Operation-related emissions are considered cumulatively significant because the project is located within a “non-attainment basin”. Certification of the 1994 General Plan Update Final Master EIR 93-01, by City Council Resolution No. 94-246, included a ‘Statement Of Overriding Considerations” for air quality impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan Update Final Master EIR. However, because the Project includes the request for a General Plan Amendment, development of the Project cannot be considered consistent with the General Plan and would therefore require an individual Statement Of Overriding Consideration. Conversely, the Reduced Project Alternative is consistent with the General Plan and would be considered a later development project covered by the General Plan Update Final Master EIR and would not require an individual Statement of Overriding- Consideration. Mitigation Memums Those mitigation measures identified in the General Plan Final Master EIR to reduce cumulative air quality impacts shall be incorporated into the Master Plan. Incorporation of those mitigation measures and subsequent implementation of the measures on an individual development basis will contribute to the greatest extent possible to the reduction of cumulative air quality impacts. Although the cumulative long-term impacts can not be fully mitigated, potentially significant short-term (construction-related) air quality impacts can be mitigated to below a level of significance by implementing the following measures: 1. Construction operations requiring road closures or other types of traffic impediments affecting roadways adjacent to the site shall be scheduled for off-peak traffic hours. 2. To reduce the amount of fugitive dust generated during construction activities on-site, it is possible after clearing, grading, earth moving, or excavation activities to: l seed and water until ground cover is established; l water construction sites and equipment in the morning and evening; l time activities to avoid windy periods; l conduct street sweeping on local public thoroughfares where silt and sand from the project site has been deposited by the wind. 3. Adequate watering techniques shall be employed to partially mitigate the impact of construction-generated dust particulates. Portions of the project site that are under-going earth moving operations will be watered such that a crust will be formed on the ground surface (and then be watered again at the end of the day). 4. Any vegetative ground mer to be utilized on-site shall be planted as soon as possible to reduce the amount of open space subject to wind erosion. Irrigation systems needed to water these plants shall be installed as soon as possible to maintain the ground cover. 5. Grading operations shall not be conducted when winds exceed 30 miles per hour. 6. Where possible, diesel-powered construction equipment shall be used rather than gasoline-powered equipment to affect exhaust emission reductions and evaporative and crankcase HC emission reductions. 7. Construction equipment using diesel drive internal combustion engines shall use a diesel fuel with a maximum of 0.05% sulfur and a four degree retard. 8. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 9. Any construction vehicle access roads where dust is deposited should be cleaned after each work day. 10. Building construction shall comply with the energy use guidelines in Title 24 of California Administrative Code. The mitigation outlined below and in the traffic section wiU partially reduce traffiorelated air emissions and secondary source emissions. However, due to the cumulative incremental nature of these impacts, mitigation to a level of insignificance cannot be fully achieved. 11. Low emission building materials such as preprimed and sanded wood molding and trim products and preprimed wallboard, should be considered for construction materials wherever feasible. 12. The use of energy efficient street lighting and parking lot lighting (low pressure sodium vapor lights) should be considered on-site to reduce emissions at the power plant serving the site.- Checkpoints 1. Grading Permit. Responsible Parties 1. Planning Department. 2. Engineering Department. Sanctions 1. No approval of grading permits without applicable conditions. PUBLIC FACILlTIES AND SERVICES The following is applicable for both the Project and the Reduced Project Alternative: Potential Impacts Overall impacts to public facilities and services have been found not to be significant provided that all the appropriate agency conditions for development are met, including payment of public facilities fees. Mitigation Measures All the appropriate agency conditions for development shall be met by the project applicant, including payment of public facilities fees. CheckpointsiSanctions 1. None are required ERRATA SHEET GREEN VALLEY MASTER PLAN DECEMBER 13, 1995 Ekecutive Summary Page l-3 Mitigation Measures The Reduced Project Alternative 1. Designate Planning Area 5 as open space or unulanned area within the Master Plan. Land Use Page 4.1-26 Mitigation Measures 1 . . . . designated as open space and incorporated into Planning Area 1 ok desimated as umlanned area. Altema tives Page 5-16 1. Designate Planning Area 5 as open space or umlanned area within the Master Plan. Public Facilities and Srevices Page 4.12-6 fi 5, second sentence strike and replace * *t . S The nroiect is withiin the Olivenhain . Municipal Water District service area and both potable and reclaimed water will be nrovided bv the district to the nroiect. Page 4.12-6 fl 6, first line strike and replace OMWD has indicated currently there is sufficient exist&g storage capacity in the . district system to maa+ serve its needs as determined bv the OMWD Board of Directors. 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 - A PLANNING COMMISSION RESOLUTION NO. 3856 A RESOLUTION OF THE P LANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MASTER PLAN ON PROPERTY GENERALLY LOCATED SOUTH OF LA COSTA AVENUE, NORTH AND EAST OF THE CITY OF ENCINITAS, AND WEST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 23. CASE NAME: GREEN VALLEY MASTER PLAN CASE NO: MP 92-01 WHEREAS, Carisbad Partners Limited has filed a verified application with the City of Carlsbad and which has been referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a Master Plan as provided by Section 2138.040 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 19th day of January, and the 2nd day of February, 1994, and the 13th day of December, 1995, consider said request for a Master Plan on property described aS: A portion of Section 2, Township 13 South, Range 4 West; and a portion of Section 35, Township 12 South, Range 4 West, San Bernardino Meridian, City of Carisbad, County of San Diego, State of Caiifornia WHEREAS, a Reduced project Alternative has been proposed by the applicant which reduces the project’s proposed commercial square footage by half to 300,000 square f& and increases the residential portion to SSS acres; and WHEREAS, at said public hearings, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to MP 92-01. NOW, THEREFORE, BE lT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 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 h 4 B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of Master Plan, MP 92-01, according to Exhibit “C”, and MP 92-01 dated November 29,1995, based on the following findings and subject to the following conditions: Findlnps: 1. That the proposed development as described by Master Plan MP 92-01 is consistent with the provisions of the General Plan and any applicable specific plans, in that the proposed land uses and location of proposed land uses are consistent with those identified on the Generai Plan Land Use map and inclusion of those land uses in the Master Plan implements the goals and policies of the Cenerai Plan. 2. That all necessary public facilities can be provided concurrent with need and adequate provisions have been provided to implement those portions of the Capital Improvement Program applicable to the subject property, in that the Master Plan includes conditions requiring the completion of infrastructure identified in the Locai Facilities Management Plan (LFMP) for Zone 23 and will be guaranteed per a financing plan approved by the City Council for LPMP Zone 23. 3. That the residential and open space portions of the community will constitute an environment of sustained desirability and stability, and that it will be in harmony with or provide compatible variety to the character of the surrounding area, and that the sites proposed for facilities such as parks, are adequate to serve the anticipated population and appear acceptable to the public authorities having jurisdiction thereof, in that the public authorities having jurisdiction have reviewed the project and have not rcquircd any facilities over and above those provided within the Master Plan. 4. That the proposed commercial uses will be appropriate in area, location, and overall design to the purpose intended, that the design and development are such as to create an environment of sustained desirability and stability, and that such development will meet performance standards established by Title 21, in that ail future development shall be reviewed for consistency with the Master Pian and that all standards for development found within the Master Plan are equal to or more restrictive than or comparable to Title 21. 5. That the streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon, in that; the anticipated ADT and distribution created by the implementation of the Master Plan has been evaluated and the street system has been designed to accepted standards to meet the demand. Specificaily Levante Street has been designed as a collector with a 68 feet wide right-of-was Calle Barcelona has been designed as a collector street with an 84 and 96 feet wide right-of-way, and street “A” has been designed as a collector with a 60 feet wide right+f-way. 6. That the proposed commercial development can be justified economically at the location proposed and will provide adequate commercial facilities of the types needed PC PESO NO. 3856 -2- 89 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 A at such location proposed, in that; the proposed Community Commercial is consistent with the General Plan Land Use map and that the Market Analysis prepared by P&D Technologies dated January 11, 1993 and reviewed by Douglas Ford and Associates December 14, 1993 identified adequate market absorption for the proposed use at buildout. 7. That the area surrounding the development is or can be planned and zoned in coordination and substantial compatibility with the development, in that; buffers are provided through the Master Plan designation of land uses, the uses proposed are consistent with the General Plan, and the surrounding uses are similarly zoned and or developed with uses that are found in the Master Plan. 8. That appropriate measures are proposed to mitigate any adverse environmental impact as noted in the adopted Final Program Environmental Impact Report (EIR 92-03) for the project, in that the mitigation identified in the EIR has been included as conditions of approval or incorporated into the project and will be monitored according to an adopted mitigation monitoring and reporting program. Conditions: 1. 2. 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The following language shall be incorporated into the Master Plan to the satisfaction of the Planning Director prior to Final Map issuance and/or any City of Carlsbad administrative or discretionary permit: Approval is granted for the Green Valley Master Plan, MP 92-01, as described in Ordinance No. (Exhibit 7’) which has been amended to reflect the Reduced Project Alternative as described in the Final Program Environmental Impact Report, EIR 93-02. A reproducible copy minus redlines and strikeouts of the Master Plan as amended to reflect any modifications required by the Planning Commission and City Council shall be provided to the City within thirty (30) days of adoption. PC RESO NO. 3856 -3- 90 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a special meeting of the Planning Commission of the City of Carlsbad, California, held on the 13th day of December, 1995, by the following vote, to wit: AYES: Chairperson Welshons, Commissioners Compas, Monroy, Nielsen, Noble and Savary NOES: Commissioner ENvin ABSENT: None ABSTAIN: None I~IM wELSHONS, chairperson CARLSBADPLANNIN G COMMISSION ATIESTZ Planning Director PC RESO NO. 3856 -4- 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE ClTY OF CARLSBAD, CALIFORNIA, APPROVING GREEN VALLEY MASTER PLAN FOR PROPERTY GENERALLY LOCATED NORTH AND EAST OF THE CITY OF ENCINITAS, SOUTH OF LA COSTA AVENUE, AND WEST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 23. CASE NAME: GREEN VALLEY MASTER PUN CASE NO: MP 92-01 WHEREAS, Carlsbad Partners Limited has reviewed and considered a Master Plan as provided by Chapter 21.54 of the Carlsbad Municipal Code; and WHEREAS, after procedures in accordance with the requirements of law, the City Council has determined that the public interest indicates that said plan be approved. NOW, THEREFORE, the City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That the Green Valley Master Plan, MP 92-01 on file in the Planning Department is incorporated by reference herein, is approved. SECDON II: That the findings and conditions of the Planning Commission in Planning Commission Resolution No 3856 shall also constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Sun within fifteen days after its adoption. 1 PASSED AND ADOPTED at a regular meeting of said City Council held on - 2 day of , 1995, by the following vote, to wit: 3 AYES: 4 NOES: 5 ABSENT: 6 ABSTAIN: 7 a 9 10 CLAUDE A. LEWIS, Mayor ATTEST: 11 12 13 14 ALETHA L. RAUTENKRANZ, City Clerk 15 (s-1 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 3856 -2- 93 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 h PLANNING COMMISSION RESOLUTION NO. 3857 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDINGAPPROVALOFANAMENDMENTTO THE CARLSBAD LOCAL COASTAL PROGRAM TO ADOPT AN IMPLEMENTING ORDINANCE FOR THE GREEN VALLEY PORTION OF THE EAST BATIQUITOS LAGOON/HUNT PROPERTIES SEGMENT, TO AMEND THE LAND USE PLAN TEXT, AND TO ACCEPT SUGGESTED MODIFICATIONS PREVIOUSLY APPROVED BY THE COASTAL COMMISSION ON PROPERTY GENERALLY LOCATED SOUTH OF LA COSTA AVENUE, EAST AND NORTH OF THE CITY OF ENCINITAS AND WEST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 23. CASE NAME: GREEN VALLEY MASTER PLAN CASE NO: LCPA 93-06 WHEREAS, California State law requires that the Local Coastal Program, General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; WHEREAS, Carlsbad Partners Limited has filed a verified application for certain property, to wit: A portion of Section 2. Township 13 South, Range 4 West; and a portion of Section 35, Township 12 South, Range 4 West, San Bernardino Meridian, City of Carlsbad, County of San Diego, State of California WHEREAS, said application constitutes a request for a Local Coastal Program Amendment Land Use Plan Amendment (text) for the East Batiquitos Lagoon/ Hunt Properties segment dated December 13, 1995, attached hereto marked Exhibit “Dl”; and implementation amendment (Green Valley Master Plan dated November 29, 1995 referenced in the draft City Council Ordinance, Exhibit “C” attached to Planning Commission Resolution No. 3856 and incorporated by this reference, as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of 94 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 C A Title 14 of the California Code of Regulations of the California Coastal Commission Administrative Regulations; and / WHEREAS, in 1988 the California Coastal Commission adopted suggested modifications in approving Local Coastal Program Amendment 3-87; and WHEREAS, the Planning Commission recommends acceptance of the suggested modifications dated December 13, 1995, attached hereto marked Exhibit “DT Local Coastal Program Amendment Land Use Plan Amendment; and WHEREAS, the Planning Commission did on the 19th day of January, the 2nd day of February, 1994, and the 13th day of December, 1995, hold a duly noticed public hearing as prescribed by law to consider the proposed Local Coastal Program Amendment shown on Exhibit “C” and “Dl” and; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Local Coastal Program Amendment. WHEREAS, State Coastal Guidelines requires a sixweek public review period for any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: 4 That the foregoing recitations are true and correct. W At the end of the State mandated six week review period, starting on November 2,1995, and ending on December 14,1995, staff shall present to the City Council a summary of the comments received. C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS ACCEPTANCE of the suggested modifications as shown on Exhibit “D2” and RECOMMENDS APPROVAL of LCPA 93-06 as shown on Exhibit “Dl”, dated December 13, 1995, attached hereto and made a part hereof based on the following findings: PC RBSO NO. 3857 -2- 6 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 FindinPs: 1. 2. That the proposed amendment to the East Batiquitos Lagoon/Hunt Properties segment of the Carlsbad Local Coastal Program is required to bring the Locai Coastai Program segment into conformance with the Carisbad Generai Plan adopted in September of 1994. . That the proposed Green Valley Master Plan is consistent with all applicable policies of the East Batiquitos Lagoon/Hunt Proper&s segment of the Carlsbad Local Coastal Program, in that the specified riparian corridor is designated as open space, a greater than 50 foot buffer is provided on the west side of the riparian corridor, no more than two crossing of the riparian corridor are proposed, onsite mitigation is provided at a ratio of 3 to 1, no slopes greater than 25% with significant habitat will be effected by the implementation of the Master Plan, and the Batiquitos lagoon viewshed has been maintained. PASSED, APPROVED, AND ADOPTED at a special meeting of the Planning Commission of the City of Carlsbad, held on the 13th day of December, 1995, by the following vote, to wit: AYES: Chairperson Welshons, Commissioners Compas, Monroy, Nielsen, Noble and Savary NOES: Commissioner Erwin ABSENT: l None ABSTAINz None Chairperson CARLSBAD PLANNING COMMISSION AlTESTZ Planning Director PC RESO NO.3857 -3- EAST BATIQUITOS LAGOON/HUNT PROPERTIES SEGMENT CARLSBAD LOCAL COASTAL PROGRAM A. Land Use Categories 3. Green Valley b. . ..Development of the entire 280 acres of Green Valley shall be pursuant to a Master Plan which is consistent with the uses allowed by the Carlsbad General Plan adopted as of Ma&&#% , September, 1994. 97 SUGGESTED MODIFICATIONS TO THE EAST BATIQUITOS LAGOON/HUNT PROPERTIES SEGMENT LAND USE PLAN WHICH RELATE TO GREEN VALLEY Dated April 1% 1988 SECTION A-3: GREEN VALLEY The ar8a south of La Costa Avenue and w8st of El Camino Real is designated for a combination of USBS as follows: a. Riparian Corridor of Encinitas Creek (approximately 40 acres) designated Open Space (OS) with a Special Treatment Overlay. 1. Steep Slopes - Slopes 40% or greater area designated Open Space (OS) and constrained from d8V8lOpm8fIt. Slopes 25% to 40% may also be constrained from development (See Grading Section). b. Upland (approximately 240 acres) is designated for a combination of Residential (Medium High Density - RMH - 9-15 du/ac), Commercial (C), is consistent with the us8s allo&d ,...>:<.q..y :. ($#jg@ by th6 Carlsbad General Plan @@#j@#@ ~..:v.w,.. .x <.$X&, . . . . . ,A.. .d.X<.X~~.<~.... , . SECTION C-3: ENVIRONMENTAL SENSITIVE HABITATS 3. Green Valley Riparian Conidor: The riparian conidor (approximately 40 acres) shall be constrained from all _.1..~_.. , shall require Carlsbad approval, a Coastal Development Permit, Stream Alt8ratiOn Agreement, and COE permit: shall require Carlsbad approval, a Coastal Development Permit, Stream Alt8ratiOn Agreement, and COE permit: h A a. Access - A maximum of two (2) crossings shall be permitted to provide access to the developable portions of Green Valley. The access crossing shall be designed to minimize adverse impacts to the habitat value of the b. lagoon is found to-be a mutually exclusive higher priority. SECTION C: ENVIRONMENTALLY SENSITIVE HABITATS The above environmentally sensitive areas shall be protected from any significant disruptive impacts through fee dedication of the wetlands and recordation of open space easements over the lagoon buffer m riparian corridor and SECTION D-3 a.5: GRADING AND EROSION CONTROL 5. All areas disturbed by grading, but not completed during the construction period, including graded pads, shall be planted and stabilized prior to 1st with temporary or permanent (in the case of finished slopes) erosion control measures and native vegetation. The use of temporary erosion control measures, such as berms, interceptor ditches, sandbagging, filtered inlets, debris basin, and silt traps shall be utilized in conjunction with planting to minimize soil loss from the construction site.. . . SECTION G: PUBLIC ACCESS La Costa Avenue is designated a major arterial providing coastal access from inland areas to the east. Construction of La Costa Avenue to major arterial standards shall be d&and ~0 a to limit mvimnmen&l imDac& ff@‘@& 1 ~.~ ~ .,....,.. .~~ _ _ ~~~~~~~~. Any road construction that involves wetlands impacts shall require a .,.~..~.~~_~.~.~~.~.;,~ . . . . . <.:<.7:s* . . . . . . :..<.:.;<<.;*, coastal development permit issued by the Coastal Commission: Wetlands impacts mitigation shall be a condition of the permit. SECTION H: 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 I I PLANNING COMMISSION RESOLUTION NO. 3858 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF THE LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 23 ON PROPERTY GENERALLY LOCATED SOUTH OF LA COSTA AVENUE, EAST AND NORTH OF THE CITY OF ENCINITAS, AND WEST OF EL CAMINO REAL. APPLICANT: GREEN VALLEY MASTER PLAN CASE NO: LFMP 87-23 WHEREAS, Carisbad Partners Limited has filed a verified application with the City of Carlsbad and which has been referred to the Planning Commission, and WHEREAS, said application constitutes a request for adoption of a Local Facilities Management Plan for Zone 23 (Dated December, 1995 on file with the Planning Department) and incorporated by this reference as provided in Section 21.90.125 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 19th day of January, the 2nd day of February, 1994, and the 13th day of December 1995, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearings, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Local Facilities Management Plan for Zone 23 , LFMP 87-23. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 4 That the above recitations are true and correct. W That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of Local Facilities Management Plan - Zone 23, based on the following findings and subject to the following conditions. . . . . 101 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 h FIndin= 1. 2. 3. 4. 5. That the Local Facilities Management Plan for Zone 23 is consistent with the Land Use Element, the Public Facilities Element, and the other Elements contained in Carlsbad’s General Plan. That the Local Facilities Management Plan for Zone 23 is consistent with Chapter 21.90 of the Carlsbad Municipal Code (Growth Management), [as amended by Ordinance No. 8110 and Ordinance No. 98291 and with the adopted 1986 Citywide Facilities and Improvement Plan. That the Local Facilities Management Plan for Zone 23 and the conditions contained therein will promote the public safety and welfare by ensuring that public facilities will be provided in conformance with the adopted performance standards. The Local Facilities Management Plan for Zone 23 will control the timing and locations of growth by tying the pace of development to the provision of public facilities and improvements. The Local Facilities Management Plan for Zone 23 will ensure public facilities and services are available in conformance with the adopted performance standards prior to development occurring. Conditions: 1. Approval of LFMP 87-23 is granted as contained in the Plan titled Local Facilities Management Plan Zone 23 dated December 1995 incorporated herein by reference. 2. Approval of LFMP 87-23 is subject to the approval of EIR 93-02 and MP 92-01. . . . . PC RI30 NO. 3858 -2- roa 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 PASSED, APPROVED, AND ADOPTED at a special meeting of the Planning Commission of the City of Carlsbad, California, held on the 13th day of December, 1995, by the following vote, to wit: AYES:’ Chairperson Welshons, Commissioners Compas, Monroy, Nielsen, Noble and Savary NOES: Commissioner E&n ABSENT: None ABSTAIN: None KIM WEhHONS, Chairperson CARLSBADPIANNlN G COMMISSION ATIESTZ MICHAEL ~OL%IILLER PLANNING DIREflOR PC RESO NO. 3858 -3- 103 EXIWT 5 Item No. 1 0 P.C. AGENDA OF: December 13, 1995 Application complete date: March 12,1993 Project Planner: Chdster Westman Project Engineer: Mike Shirey SUBJECF EIR 93-02/MP 92=Ol/LCPA 93WIPMP ZONE 87-23KT 92-OS/HDP 92-15[ SUP 92-05 - GREEN VALLEY MASTER PLAN - A request for a recommendation of certification of an Environmental Impact Report and recommendation of approval for a Master Plan, Local Coastal Program Amendment, Local Facilities Management Plan, and approval of a Tentative Tract Map, Hillside Development Permit, and Special Use Permit to allow for the future development of 300,000 square feet of community commercial retail and a maximum of 400 single family detached and/or attached residential units on property generally located on 281 acres at the southwest corner of La Costa Avenue and El Camino Real in Local Facilities Management Zone 23. I. RECOMMENDATION That the Planning Commission A) ADOPT Planning Commission Resolution No. 3855 recommending CERTIPICATION of the Environmental Impact Report EIR 93-02; ADOPTION of the CEQA Findings of Fact,(Exhibit A);and ADOPTION of the Mitigation Monitoring Report, (Exhibit B); and B) ADOPT Planning Commission Resolution No. 3856, 3857, and 3858 recommending APPROVAL of Master Plan MP 92-01, Local Coastal Program Amendment LCPA 93-06, and Local Facilities Management Plan LFMP 87-23 and C) ADOPT Planning Commission Resolutions Nos. 3859, 3860, and 3861 APPROVING Tentative Tract Map CT 92-08, Hillside Development Permit HDP 92-15, and Special Use Permit: Floodplain SUP 92-05 based on the findings and subject to the conditions contained therein. II. INTRODUCTION The Green Valley Master Plan was submitted to the City in November 1992 and was first reviewed by the Planning Commission in January 1994. The Planning Commission received public testimony regarding the project environmental impact report and the Master Plan and deliberated regarding the merits and detriments of the proposal. The Planning Commission subsequently recommended that the City Council certify the EIR and approve the Master Plan with modifications. One such modification was the designation of the proposed retail planning area at the comer of El Camino Real and La Costa Avenue as Unplanned. The Planning Commission, under their own authority approved the associated tentative map, hillside development permit and special use permit subject to City Council approval of the Master Plan and related legislative actions. EIR 93-02/MP 92-Ol/LGkti 93-06/ LFMP ZONE 87-23/CTX+&IDP 92-lS/!WP 92-05 GREENVALLEY MASTER PLAN D&EMBER 13,199s City Council was dissatisfied with the scope of analysis in the EIR as it related to the Encinitas Ranch Specific Plan and therefore took no action on certification of the EIR or the master plan. The City Council referred the EIR back to staff for expanded environmental analysis and the master plan for reconsideration of the master plan development program. The Environmental Impact Report has been supplemented and recirculated for public review and the master plan has been modified to reflect a Reduced Project Alternative to the original proposal. The applicant has proposed the Reduced Project Alternative as their preferred project in response to community and City Council issues. The focus of staff’s review has been on the Reduced Project Alternative and staffs recommendation to the Planning Commission is for action on the Reduced Project Alternative. III. PROJECT DESCRIPTION AND BACKGROUND The project is a Master Plan as required by the Planned Community Zone and East Batiquitos Lagoon/Hunt Properties segment of the Local Coastal Program. The Master Plan is divided into five subareas and will serve as the zoning for a 281 acre parcel of land southwest of the intersection of El Camino Real and La Costa Avenue and as the implementing ordinance for the East Batiquitos Lagoon/Hunt Properties segment of the Local Coastal Program. Approximately 184 acres of the total land area is considered to be developable as illustrated in the following TABLE I. PLANNINGAREA I GROSS I CONSTRAINED and LAND USE ACREAGE ACREAGE I NET DEVELOPABLE ACREAGE PA 2 Community I 18.3 I 0.0 I 18.3 Commercial PA 3 Residential I 55.8 I 0.0 I 55.8 PAS 1,4 &s Open Space TOTAL I 281.2 I 97.4 I 183.8 The project proposes preservation and restoration of significant constrained natural open space areas as well as the inclusion of developable areas as open space. Nearly 73% of the total land area is within the three open space planning areas. Per the Zone 23 Local Facilities Management Plan, 15% of the total unconstrained land area within the zone must be set aside as open space. As shown in the following TABLE II the project will provide nearly three (3) times the minimum open space requirement. - EIR 93-02,MP 92-Ol/LCkfi 93-06/ LFMP ZONE 87-23/CI’9i-uo/HDP 92-15/SUP 92-05 GREEN VALLEY MASTER PLAN DECEMBER 13,1995 The actual Gpen Space area within the Master Plan is approximately 194 acres (281.2 acres less planning areas and road improvements) which includes the upland bluf&, riparian corridor, and mitigation areas. All of these acres are within Planning Areas 1, 4 and 5. OPEN SPACE AREA DESCRIPI’ION: LFMP 15% required 2757 ACRES proposed 76s II SUMMARY OF OPEN SPACE CALCULATION II TOTAL Gross Acreage I I 281.2 II Less Required Mitigation Acreage Less Development Constrained Acreage Less Development Acreage + 88.1 Public Street Right-of-Way TOTAL Remaining Unconstrained Open Space The open space planning areas provide a substantial north-south habitat link through the riparian corridor and upland bluffs. A significant connection between the upland bluff and the riparian corridor is located at the northerly end of the master plan which parallels La Costa Avenue. The majority of the open space planning areas will be habitat conservation, however, a portion of Planning Area 1 will be used for trails consistent with the Gpen Space Resource Conservation Management Plan. Development within each of the planning areas will be subject to the development standards of the Zoning Ordinance except for the modifications as described in the master plan. As stated in the Master Plan text, “It is the intent of the Master Plan to serve as the development and preservation policy and design guideline for the Green Valley property. A Master Plan is an instrument under which development occurs in an orderly and positive manner without creating significant impacts to the existing and projected infrastructure and setting. A Master Plan document establishes land uses, delineates development areas, assigns density, considers differing land use interrelationships, delineates specific design criteria, outlines phasing, and provides implementation methodology. It is also the basis for future, more detailed, project reviews, such as individual tentative maps, and Site Development Plans.” The project site can be characterixed by three different land forms. The western portion is vegetated upland hillside with slopes generally greater than 15%, the central portion is vacant gently sloping land previously used for agriculture and the eastern portion is a h EIR 93-02/MP 92-Ol/LLkw 93-06/ LFMP ZONE 87-23/CI92-~/HDP 92-15/SUP 92-05 GREEN VALLEY MASTER PLAN DECEMBER 13,1995 densely vegetated riparian corridor. Near the comer of El Camino Real and La Costa Avenue is the Red Barn which is currently being used by San Diego Cellular as an administrative servicing center. No other commercial or residential uses exist on the property. Associated with the Master Plan and necessary for the creation of the Master Plan are: A. Certification of an Environmental Impact Report addressing all of the potential impacts to the environment created by the implementation of the Master Plan; B. A Local Coastal Program Amendment to the East Batiquitos Lagoon/Hunt Properties segment identifying the Green Valley Master Plan as the implementing ordinance for the Green Valley and a text amendment requiring that the master plan be consistent with the General Plan adopted in September 1994; C. A Tentative Map which will subdivide the property into 11 parcels; D. A Local Facilities Management Plan for Zone 23 which assesses and identifies all of the infrastructural needs associated with development within the zone; E. A Hillside Development Permit required by Title 21 because the subject property has an overall slope greater than 15% and an elevation differential greater than 15 feet; and F. A Special Use Permit which allows the alteration to land form within a flOOdplain. IV. ANALYSIS To a great degree, the Reduced Project Alternative master plan text is similar to the master plan which was reviewed by the Planning Commission in January 1994. The most significant differences between the two are the reductions in allowable commercial square footage within Planning Area 2 from 600,000 to 300,000 and land area from 56.2 acres to 18.3 acres, the increase of land area dedicated to single family residential uses in Planning Area 3 from 17.9 acres to 55.8 acres while maintaining the same number of residential units (400), and additions to the development standards for the residential Planning Area 3. Although the residential planning area has been increased by more than 200%, the maximum number of units allowed has been set at 400. The restriction on the number of dwelling units allowed within the planning area translates to an average density of 7.2 dwelling units per acre. Figure 1 illustrates the Reduced Project Alternative land use distribution. FIGURE 1 , ~ ., y::--. . ‘,. :... , _ .. UPLAND BLUFFS.- -- ‘OPEN SPA& I “. , ‘, P.A. 4 .:: I; /. +k ! I.- -45.. T., IEN SPACE EIR 93-02/MP 92-01/L&A 93-06/ LPMP ZONE 87-23/CTL-68/HDP 92-15/SUP 92-05 GREEN VALLEY MASTER PLAN DECEMBER 13,1995 A. GENERAL PLAN AND ZONING CONSISTENCY The General Plan land use designations for the project site are a combination district of Community Commercial/Office/Residential Medium-High and Open Space (C/O/RMH and OS). The property is zoned Planned Community (PC). Uses proposed within the master plan (community commercial, single family residential and open space) are consistent with those General Plan designations. Zoning consistency is created through the master plan which is in conformance with the Planned Community Zone standards and the identification of compatible zoning designations for each of the planning areas. Planning Areas 1,4 & 5 These planning areas are designated as Open Space and C/O/RMH in the General Plan and as Open Space, for the purposes of Zoning, within the Master Plan. The Master Plan does not grant any development rights within any of these planning areas. However, within Planning Area 5, the “Red Barn” will remain as a legal non-conforming use, which means that it may not be expanded or modified. The open space zoning designation is consistent with the General Plan designation of Open Space and is broadly consistent with the other General Plan land uses because open space is typically a part of any use. These planning areas play a significant role in shaping the character of the master plan because they create a natural buffer which surrounds the developable planning areas of the ph Planning Area 2 Planning Area 2 (PA2) is designated as General Commercial (C2), for the purposes of zoning in the master plan and is completely within lands designated as combination district C/O/RMH in the General Plan. Community Commercial (CT) is described in the General Plan as: “...centers that offer a greater depth and range of merchandise in shopping and specialty goods than the neighborhood center although this category may include some of the uses also found in a neighborhood center. Often a supermarket, large variety store, cinema, or discount department store functions as the anchor tenant. The emergence of new anchor tenants( i.e., high volume specialty or warehouse stores) has resulted in new, special forms of community commercial centers. As an example, this type of center may have a grouping of special tenants, who operate a retail/wholesale business dealing with home improvement items. Sometimes a community commercial center is located next to or across the road from a regional center because the two types of centers offer different ranges of merchandise . . . ” EIR 93-02,MP 92-ol/LckA 93-06/ LFMP ZONE 87-23/CI’92WHDP 92-15/SUP 92-05 GREENVALLEY MASTER PLAN DECEMBER 13,1995 The General Plan also describes Community Commercial centers as being on approximately 10 to 30 acres with a range of 100,000 to 300,000 square feet of building. The Reduced Project Alternative is a maximum of 300,000 square feet of building on 18.3 acres. Planning Area 2 is adjacent to the City of Encinitas at the south end of the project site. Because of the development of commercial uses to the south and the natural buffers of the bluffs to the west and the riparian corridor to the east, PA2 has a great degree of compatibility with surrounding land uses. Permitted uses are per Chapter 21.28, the General Commercial zone, and Chapter 21.42, Conditional Uses, of the Carlsbad Municipal Code. Development within PA2 is subject to the standards of 21.28, General Commercial zone, plus the additional standards and design guidelines required by the master plan. Planning Area 3 Typical of land designated as Residential Medium-High in the General Plan, Planning Area 3 (PA3) has been designated for zoning purposes as Residential Density-Multiple @D-M). The General Plan describes Residential Medium-High as: “Urban multiple residential areas characterized by two and three story condominium and apartment developments - 8-15 dwelling units per acre.” However, the General Plan continues to state that in order to meet goals and objectives, including population and environmental considerations, the actual yield of approved development within each land use category may be less than the density range (8-15 units per acre) and it will still be considered to be consistent with the General Plan. The intent of the RD-M zone, as stated in the Zoning Ordinance, is to provide means of development in the low-medium density range as well as the high density range. The master plan implements the General Plan clause regarding development less than the density range and addresses a community interest to maintain a single family residential character within PA3 by restricting development to a maximum of 400 units over 55.8 acres which is equal to 7.2 units per acre. In addition the master plan limits structures to two stories (30 feet) which is typical of single family development. The community forums identified a strong desire to retain this area as a single family, ownership residential neighborhood. Restricting the density and building height helps to achieve that goal. Development of PA3 will be subject to the standards set forth in the Zoning Ordinance except as modified in the Master Plan (see later discussion). - h EIR 93-02JMP 92-Ol/LCPfi 93-06/ LPMP ZONE 87-23/CT92-WHDP 92-15/SUP 92-05 GREEN VALLEY MASTER PLAN DECEMBER 13,199s B. LOCAL COASTAL PROGRAM CONSISTENCY: EAST BATIOUlTOS LAGOON/HUNT PROPERTIES SEGMENT Text Amendment The land uses designated for the Green Valley portion of the Local Coastal Program (LCP) segment are identified as . . “a combination of uses as follows: 1. Riparian Corridor of Encinitas Creek (approximately 40 acres designated as Open Space (OS) with a Special Treatment Overlay. a) Steep Slopes - Slopes 40% or greater are designated as Open Space (OS) and constrained from development. Slopes 25% to 40% may also be constrained from development. (See Grading Section.) 2. Upland (approximately 240 acres) is designated for a combination of Residential (Medium High Density - RMH-9-15 du/ac), Commercial (C), and Office (0) uses. The maximum height of new development shall be limited to 35 feet consistent with the Carlsbad Municipal Code. Additionally, the intensity of development shall be compatible with the currently planned road capacities of La Costa Avenue and El Camino Real. Approval of these land uses shall not be considered precedent for increasing the road capacity of these two corridors. Development of the entire 280 acres of Green Valley shall be pursuant to a Master Plan which is consistent with the uses allowed by the Carlsbad General Plan adopted as of March 1, 1988.” A Local Coastal Program Amendment is required for the adoption of the Green Valley Master Plan as the implementing ordinance for the Green Valley and includes an update to the language regarding consistency with the Carlsbad General Plan. The updated language requires a master plan to be consistent with the General Plan adopted in September 1994 versus March 1988. The land uses have not changed. They are Community Commercial, Office, Residential Medium High and Open Space (C/O/RMH/OS), however, for the sake of clarity the amended language is being pursued. Master Plan Consistency with the LCP Local Coastal Program (LCP) requirements included in the segment follow along with a description of how the master plan complies with the requirement: 1. Development of the Green Valley shall be pursuant to a Master Plan that complies with the policies of the LCP - The project is a Master Plan which has been designed in compliance with the LCP. 2. Twenty-five percent (25%) to forty percent (40%) slopes may be constrained from development - The intent of the LCP is to preserve and enhance slopes EIR 93-02,&Q 92-01/LcI'A 93-06/ LFMP ZONE 87-23/CI92-OWHDP 92-lS/SUP 92-05 GREEN VALLEY MASTER PLAN DECEMBER 13,199s 3. with significant native vegetation that are greater than 25% (Dual criteria slopes). Planning areas proposed for development within the Green Valley Master Plan are primarily confined to disturbed areas with slopes less than 15% and will therefore not affect such slopes. A 50 foot wide buffer area shall be preserved in open space upland of the boundaries of the riparian corridor. Development within the buffer area shall be limited to the construction of a pedestrian path with fencing and other improvements necessary to protect the riparian habitat in the upper (upland) half of the buffer area - A minimum 50 foot varying width buffer is proposed along the western upland side of the riparian corridor which will include a pedestrian path and basins for the protection of the riparian corridor and the Batiquitos Lagoon from urban runoff. 4. The maximum height of new development shall be limited to thirty-five (35) feet - Commercial buildings are limited to a height of 35 feet or less, with an allowance for the encroachment of non-habitable architectural elements and residential development is limited to a maximum height of 30 feet. 5. Conversion of non-prime agricultural lands to urban uses pursuant to the approved master plan shall be consistent with the Coastal Act (Section 30171.5 Public Resources Code) which requires a mitigation fee - At the time of discretionary development approvals, the conversion mitigation fee will be required. 6. Alteration of the riparian corridor shall be limited to access and flood and sediment control projects and shall require Carlsbad approval, a Coastal Development Permit, Stream Alteration Agreement, and COE permit: a. A maximum of two crossings shall be permitted to provide access to the developable portions of the Green Valley - Access was designed with the inclusion of a minimum 36 foot bridge structure over the centerline of the creek. The creation and maintenance of new riparian habitat onsite at a ratio of 3:l has been proposed as mitigation for the impacts to the riparian habitat in association with the construction of the accessways. b. Flood and sediment control projects shall be allowed adjacent to the riparian corridor - Flood control has been proposed adjacent to the riparian corridor which does not involve removal of riparian habitat or diversion of non-flood water flows upon which the habitat is dependant. 7. The viewshed to the lagoon and from the lagoon shoreline are important resources - Development within the master plan is restricted to an area that EIR 93-02MP 92-01/L&A 93-06/ LFMP ZONE 87-23/CT%-WHDP 92-15/SUP 92-05 GREEN VALLEY MASTER PLAN DECEMBER 13, 1995 is set at the base of the bluffs at the western edge of the property and east and south of an extensive riparian corridor with mature riparian vegetation. Development within the identified areas of the master plan will not affect views of the lagoon nor will it significantly alter the views from the lagoon shoreline. 8. A Coastal Development Permit will be required for any development with the Green Valley Master Plan. The Master Plan incorporates the specific criteria listed above. The amendment to the Local Coastal Program segment designates the Green Valley Master Plan as the implementing ordinance and the land uses described therein as the approved land uses for the Green Valley. C. PLANNING AREA 5 As the master plan was originally submitted, there were four (4) planning areas proposed. Land uses within those planning areas were designated as: Riparian Corridor, Retail Center, Multi-Family Residential and Neighborhood Commercial. During early staff review the applicant was directed to separate the upland bluffk from the retail and residential planning areas into a separate open space planning area thereby creating five (5) planning areas. Planning Area 5 was thereby created as a commercial site at the southwest comer of La Costa and El Camino Real. However, after further review of the applicant’s proposal staff directed the master plan to designate Planning Area 5 as open space. Staffs reasons for an open space designation at the comer include: Intersection Spacing - The standards for City improvements require a minimum intersection spacing distance of 1200 feet for a major arterial and 2600 feet for a prime arterial unless no other access to the site can be obtained. In such a case, driveways can be established at one-half the distance of the required intersection spacing provided that acceptable levels of service can be maintained. PA5 cannot be designed for commercial uses per the required vehicular access standards. Intersection Congestion - Intensification of the commercial nature of the site will significantly increase the turning movements and thereby reduce the capacity of the intersection. This, along with inadequate intersection spacing will negatively impact the traffic movement at the intersection. Visual Impact - Development at this comer would lessen the sense of the natural setting created by the adjacent riparian corridor and Batiquitos Lagoon to the north. Open Space Resource Conservation Management Plan (OSCRMP) - A primary action priority of the OSCRMP is the protection of open space alongside El Camino Real. EIR 93-02,MP 92-ol~~A 93-06/ LPMP ZONE 87-23/CI’924u/HDP 92-15/!XJP 92-05 GREENVALLEY MASTER PLAN DECEMBER 13.1995 Preservation of the comer as open space would achieve that action priority. In addition to the previously stated reason, development of the 1.7 acre site requires the approval of .6 acres of fill within the floodplain through the Special Use Permit. Approval of the SUP to increase the area of developable land east of the riparian corridor would also be inconsistent with the primary action priority. The site is also constrained by the development standards of the El Camino Real Corridor Overlay and the proposed Green Valley Master Plan as well as the 100 year floodway. Per the El Camino Real Corridor Overlay and the master plan, a thirty (30) foot setback is required for buildings along El Camino Real. This setback along with the floodway constraint further reduces the viability of the site for the requested extent of commercial development. The applicant’s proposed Reduced Project Alternative proposal included a maximum commercial square footage of 6,000 versus the originally proposed 12,000 and a limited number of commercial uses. Those uses are: . Art Store and Gallery e Bank (with or without drive up windows) . Florist . OffiCe * Restaurant The applicant has prepared a letter to the Planning Commission, see attached, outlining their reasons why the Planning Commission should recommend approval of Planning Area 5 as commercial. However, there are three options regarding action on Planning Area 5 that the Planning Commission may wish to consider. The first 1) is to approve the planning area as proposed by the applicant. The second 2) is to designate the Planning area as open space as presented by staff. And the third 3) is to designate the planning area as Unplanned Area. Each of the options is discussed below. As discussed above, designation of this comer property as commercial (Option 1) is inconsistent with priorities of the Gpen Space Resource Conservation Management Plan. A primary action priority is to retain all constrained lands and to designate constrained land and unconstrained strips of land east of the riparian corridor and west of El Camino Real as open space. This inconsistency has been identified in the EIR as a significant impact. In addition, development of the comer with commercial uses as proposed by the applicant will increase friction at the intersection because the uses proposed are higher traffic generators than the existing use and it will require .6 acres of fill within the floodway. Mitigation of the inconsistency with the OSCRMP and avoidance of the impacts to the intersection and floodway is to either designate the property as open space (Option 2) or as an alternative as unplanned (Option 3). An unplanned designation satisfies the goal of - -4 EIR 9%02/MP !&ol/LckA 93-06/ LFMP ZONE 8723/CI924u/HDP 9245/SUP 92-05 GREENVALLEY MASTER PLAN DECEMBER 13,1995 PAGE 11 the OSCRMP in the short term of maintaining strips of land between El Camino Real and the riparian corridor as undeveloped and also defers impact to the floodway and intersection. However, designation of the PA as Unplanned will require a subsequent General Plan Amendment. For these reasons staff recommends that the Planning Area be designated as open space. D. GROWTH MANAGEMENT LOCAL FACILITIES MANAGEMENT PLAN ZONE 23 The Local Facilities Management Plan (LFMP) does not designate land uses as a General Plan or Master Plan, but makes land use assumptions for the sake of facilities planning. Because the LFMP analysis assumes a greater scope of development than the Reduced Project Alternative, the Reduced Project Alternative is considered to be consistent with the analysis within the LFMP. As indicated in Table III, all Public Facilities will comply with the adopted performance standards through buildout for either the original master plan or the Reduced Project Alternative. A summary of the Zone 23 facilities needs analysis follows: . . :-:: .:.:..: .::.... :,:;.:.::j.. :::: y.::..: ,,: ,:,.::. j.:.+ :. :: i.:‘;‘: .::.. ;., .. : .‘:. ::::..c . . . . +: ..:. :.. : : :.e: : . :., :,: ..; ,: : ,: ..j : j . . . .: . . . . . ,, ; 1,: i j j: :.;.: :. .: :,. .y...:.:: ., - ~~ : . . ,:..:..::: ,.,.. - 4 LFMP IMPACIS ASSESSMENT h EIR 93-02,MP g%ol/LLkA 93-06/ LF’MP ZONE 87-23/CIW-ki/HDP 92-15/SUP 92-05 GREEN VALLEY MASTER PLAN DECEMBER 13,1995 1. See Community Facilities District discussion under following heading. 2. See Traffic/Circulation discussion under following heading. The LFMP analyxes the public facility impacts of a project and recommends appropriate mitigation, including a financing plan for the construction of required infrastructure. The land uses used for determining Zone 23 facilities impacts are reflective of the originally submitted Master Plan; i.e. Extensive Regional Retail, Open Space, Residential Medium High and Neighborhood Commercial. Although the LFMP analysis assumed the development program outlined in the original master plan, the findings of the analysis are still valid for use with the Reduced Project Alternative. As seen in TABLE III above several of the facilities impacts, those based exclusively on population, remain the same. Those facilities which are affected by commercial type and building size have been reduced. As a condition of approval, the project shall comply with all conditions and mitigation measures which are required as part of the Zone 23 LFMP and any amendments made to that plan prior to the issuance of building permits. Significant conditions required of the Local Facilities Management Plan are improvements to El Camino Real and La Costa Avenue along the project frontage as well as improvements to the El Camino Real and Olivenhain intersection and the El Camino Real and La Costa Avenue intersection. The maximum number of units allowed within the master plan, 400, is proposed by the applicant as a carry over from the original master plan proposal of 34.8 developable residential acres. 400 units is 241 units less than could be allowed within an RMH designated property of 55.8 acres. Community Facilities District No. 1 Community Facilities District (CFD) No. 1 was formed by City Council in 1986 in order to fund improvements of specific public facilities throughout the City of Carlsbad. All property which is not located within Local Facilities Management Zones 1,2,3,4, & 6 must be made part of (CFD) No. 1 with the first discretionary approval with the exception of master plans and specific plans. Zone 23 must be annexed into CFD No.1 because a tentative map has been proposed. The project has been conditioned within the tentative map resolution conditions of approval to annex into CFD No.1. Traft’iJcirculation The project is proposed to obtain access from El Camino Real, a six lane Prime Arterial roadway, on the east and Leucadia Boulevard, a four lane Major Arterial roadway, on the south. Access onto the site is proposed to be via Calle Barcelona, a four lane Secondary Arterial roadway and Levante Street, a two lane Collector street. EIR 93-02/MP !%ol/LckA 93-06/ LFMP ZONE 87-23/CI’92-WHDP 92-15/SUP 92-05 GREEN VALLEY MASTER PLAN DECEMBER 13,1995 Three circulation alternatives were analyzed with this Reduced Project Alternative. The components of the on site circulation analysis include proposed Street “A”, proposed Levante Street and Calle Barcelona extensions west of El Camino Real. Alternative 1 is the proposed Reduced Project Alternative. It includes all three of the circulation components with Calle Barcelona connecting to Leucadia Boulevard. Alternative 2 is the same as Alternative 1 minus the westerly extension of Levante Street from El Camino Real. Alternative 3 has the westerly Levante Street and Calle Barcelona extensions without the southerly connection of Calle Barcelona to Leucadia Boulevard. The traffic analysis consists of all approved and planned projects in the area including Encinitas Ranch, Home Depot, Arroyo La Costa and La Costa Southeast. This analysis determined that both Alternatives “1” and “2”, with the recommended improvements, can comply with the Growth Management Ordinance requirements. Neither alternative was technically superior to the other. However, staff recommends Alternative “1” as proposed because retaining both crossings maintains the advantage of separating residential traffic from commercial traffic; provides a secondary access to the residential portion of the master plan from the City of Carlsbad should Calle Barcelona be blocked; provides better access to the residential portion of the master plan from Fire Station Number 2 for fire protection and from the Safety Center for police services; and generally maintains greater opportunity for efficient circulation design. Additionally, the EIR concludes that all biological impacts associated with the Reduced Project Alternative can be mitigated to below a level of significance. E. DEVELOPMENT/DESIGN S-IANDARDS The Master Plan contains a full range of design and development standards and guidelines. A focus of the guidelines is on architecture with the goal of creating development which is rich in detailing and is reflective of the surrounding natural setting. Standards have been established with the intention of limiting the intensity of development and preserving a quality relationship between structures, parking, pedestrian and vehicular circulation areas and natural open space. Adoption of the Master Plan will establish the zoning and development standards for each of the planning areas. Following is a description of the planning area standards: Planning Areas 1,4 and 5 - Open Space: Development within these open space planning areas is limited to roadways, trails, flood control structures, limited signage and habitat enhancement. No commercial, residential or private recreation facilities are permitted. The exception is the allowance of the “Red Barn” to continue as a legal non-conforming use within Planning Area 5. EIR 93-02,MP 92-01/L&A 93-06/ LIMP ZONE 87=23/CIW6&DP 92=15/SUP 92-05 GREEN VALLEY MA!TI-ER PLAN DECEMBER 13, 1995 Because the development of inhabitable buildings is not allowed within these planning areas, there are very limited setback and/or height standards. Planning Area 2 - Retail Cent= Uses: Retail buildings are limited to a maximum of 300,000 combined square feet and uses are typical of a C2, General Commercial zone. BuildinP Heipht: Building height is limited to 35 feet with an exception for non-habitable architectural features allowed up to 45 feet which is consistent with Chapter 21.28 General Commercial Zone. Lot Coveraee: Lot coverage is regulated by the maximum allowed combined square footage of buildings, which is 38% of the 18.3 acre site. Coverage is further regulated by the parking to building area ratio (one space per 200 gross square feet of building), landscape requirements and setbacks. Setback standards proposed within the Master Plan are more extensive than what is found within Chapter 21.28 of the Municipal Code (C-2 GENERAL COMMERCIAL). Specifically, Chapter 21.28 only addresses building height and rear lot lines. The Master Plan includes height and setback regulations as well as architectural guidelines. Process: All development proposals will require review and approval of a Site Development Plan. Uses within a proposed development may also require a Conditional Use Permit and subsequent subdivision of the commercial planning area will require a tentative map and may require a Planned Unit Development. Each of these development processes requires the review of the Planning Commission at a public hearing. Planning Area 3 - Residential: Planning Area 3 contains the greatest extent of development standards in the master plan because of the variety of development scenarios possible. Uses: Planning Area 3 may be developed with detached and attached single family residential units and associated uses such as recreation buildings and recreational vehicle storage. The maximum number of units allowed is 400. The Master Plan requires that 15% of those units be made available to lower income households. Therefore, if 400 units are approved by - EIR 93=02,/MP !&ol/LckA 93-06/ LFMP ZONE 87-23/CT92-&/HDP 92=15/SUP 92-05 GREEN VALLEY MASTER PLAN DECEMBER 13,1995 PAGE 15 future discretionary action, 60 onsite units will be designated as affordable. However, all of the units approved for the site may be market rate if a housing agreement can be approved which provides for the appropriate ratio of affordable units offsite. In that case, if 400 market rate units were approved onsite, 70.59 units will be the required offsite. Develooment Standards: Development standards for the residential Planning Area 3 are based on three sections of the Zoning Ordinance, 21.10 One-Family Residential Zone (R-l); 21.24 Residential Density- Multiple Zone (RD-M); and 21.45 the Planned Development Ordinance, except as modified by the Green Valley Master Plan. Both R-l and RD-M are residential zones which limit uses and identify development standards for the uses within the zone. The Planned Development Ordinance establishes a process and development standards, in addition to the zone standards, which may be applied to any residential development. Because of the variety of single family product type that could be approved within the master plan, the development standards were broken into three categories. The first 1) category covers individual lots, greater than 7,500 square feet, with a detached or attached product (duplex divided by a lot line); the second 2) addresses detached or attached product (duplex divided by a lot line) on individual lots less than 7,500 square feet but greater than 3,500 square feet; and the third 3) covers attached product on a common lot greater than 10,000 square feet. The following TABLES IV, V, VI, VII and VIII are summaries of the basic standards proposed in the master plan for “typical” single family development and attached single family development. Some standards are highlighted ~~~~, some are underlined -, and others are plain. Those standards that are highlighted are in some way are more lenient than the corresponding requirement of the basis zone (Rl or RD-M) or the Planned Development Ordinance (PD). Those standards that are underlined are an addition to or more restrictive than the corresponding requirement of the basis zone or Planned Development Ordinance. Those standards that are neither highlighted nor underlined, are equivalent to the corresponding requirement of the basis zone or Planned Development Ordinance. Standard subdivision 7,500 sq.fi. lots or sreater / Basis = R-l II Minimum Lot Size I 7300 square feet II Minimum Lot Dimension: I II Width I 60 feet II Depth I 65 feet Maximum Lot Coverage Standard subdivision 7,500 sqft. lots or greater / Basis = R-l Setbacks: Calle Barcelona* rear property line side property line 35 feet minimum 20% lot width / 10 feet minimum / 20 feet maximum center plot I 10% lot width / 5 feet minimum / 10 feet maximum - EIR 93=02/MP 9%01/LL'kA 93-06/ LFMP ZONE 87-23/CT924u/HDP 92=15/SUP 92-05 GREEN VALLEY MASTER PLAN DECEMBER 13, 1995 PAGE 16 zero lot street - public 20% lot width / 10 feet minimum / 20 feet maximum structure garage: front loading side loading ._ .) .,.. )‘c _.,.. _. ; . . . . ..__._.._. ~~~~~~~~~~~~~~~ ..i. x .<, * . . . . . . . . . . . . . . . . . . . . c .A., . . . . . ..E&..... A. >..A. A.. . ..A.>.,%<+.< .,....,....A ~....5.~~.,~.~.~~.~.,.~.,.~.. x s.r 20 feet minimum ~~~~~~~~~~~~~~ ‘...’ ..... ‘.‘.Y.,.< . .*w . . . ..n.. L.K.~.. .‘Z .,.~.~~~~~~~.~~~~~.!:~..~.~~~~.~.~.~~.~.~.~~~~.~~ . . . . . . . . . . . . ~...~...~~.!.!.~~.~~.! . . . . <>x . . . . I.>.. ..’ . . . ,. Building Separation:’ 1 story / 1 story 1 story / 2 story 2stoly/2stoly 10 feet 15 feet feet 20 Building Height I 30 feet @ 3:12 roof pitch 24 feet @ less than 3:12 roof pitch l This setback is applicable to all st~ctures and all fences or walls greater than 42 inches in height. Standard Subdivision 7,500 soft. lots or greater / Basis = PD Minimum Lot Size I 7500 square feet Minimum Lot Dimension: I 60 feet I 65 feet Maximum Lot Coverage 1 Building separation is based on 1 story and 2 story elements defined as follows: 1 story element - r Maximum Grst flooxlate hep of 12feet and/or a maximum building height of 15 feet 5 feet from e first oor buildmg t&e. 2 story element - First floor plate he’ 15 feet 5 feet from*: E floor building f&e. ater than 12 feee and/or a building height greater than : .j..j.,:. .: .., .;.. :.i:i:li.:::i.i.:ii ;:: j ‘. : ‘j: :; : ! : : .. :.:.; ,... :.>: ; : :.! .::. ::: .:.,..:i ;,...: ,,: . . ..j :...: .. :.... ::..: ,,. ,( :( ;.... .TmE;E .y:,‘::.:- .::j:j::j::ilji,.~~jj:jj~~~~~~~~~~:~.~~~~~~:, .F Standard Subdivision 7,500 sq.ft. lots or greater / Basis = PD Calle Barcelona* rear property line side property line center plot zero lot street - private: structure garage: front loading side loading driveway: structure garage: front loading side loading Building Separation: 1 story / 1 story 1 story / 2 story 2 story I 2 story Building Height 35 feet minimum 20% lot width / 10 feet minimum / 20 feet maximum 10% lot width / 5 feet minimum / 10 feet maximum I 20% lot width / 10 feet minimum / 20 feet maximum I 15 feet minimum / 20 feet minimum average 20 feet minimum 15 feet minimum / 20 feet minimum average 10 feet minimum / 15 feet minimum average 20 feet minimum 10 feet minimum / 15 feet minimum average 10 feet 15 feet 20 feet 30 feet @ 3:12 roof pitch 24 feet @ less than 3:12 roof pitch - h EIR 93-02/MP 92-01/LaA 93-06/ LFMP ZONE 87-23/CI’92-OWHDP 92-lS/SUP 92-05 GREEN VALLEY MASTER PLAN DECEMBER 13, 1995 PAGE 17 * This setback hr applicable to afl structures and ah fences or walls greater than 42 inches in height. Maximum Lot Coverage EIR 93-02,/MP 92-01/L,CP~ 93-06/ LFMP ZONE 87-23/m2-WKDP 92-1WSUP 92-05 GREEN VALLEY MA!STER PLAN DECEMBER 13.1995 Reduced Lot Subdivision 3,500 sq.ft. lots or greater / Basis = PD Setbacks: Calle Barcelona* rear property line 35 feet minimum 15 feet minimum side property line: center plot zero lot 10% lot width / 5 feet minimum / 10 feet maximum 20% lot width / 10 feet minimum / 20 feet maximum street - public/private: structure garage: front loading side loading driveway: structure: ground floor 15 feet minimum / 20 feet minimum average 20 feet minimum 15 feet minimum / 20 feet minimum average 5 feet minimum second floor I 15 feet minimum garage: front loading 5 feet minimum side loading 10 feet minimum Building Separation: 1 story / 1 story 10 feet minimum 1 story I 2 story 15 feet minimum 2 story I 2 story I 20 feet minimum Building Height I 30 feet @ 3:12 roof pitch or greater 24 feet @ less than 3:12 roof pitch l This setback is applicable to all structures and all fences or walls greater than 42 inches in height. Minimum Lot Size EIR 93-02/MP 92-ol/LckA 93-06/ LFMP ZONE 87-23/CI’92-WHDP 92-15/SUP 92-05 GREEN VALLEY MASTER PLAN DECEMBER 13,1995 PAGE 19 Attached Unit No Subdivision / Basis = RD-M subdivision / project boundaries: structure: front of dwelling side of dwelling rear of dwelling street - public/private: dwelling garage: front loading side loading driveway: dwelling: first floor second floor garage: front loading side loading Building Separation: 1 story / 1 story lstory/2story 2 story / 2 story 10 feet minimum 10 feet minimum 15 feet minimum 10 feet minimum / 15 feet minimum average 20 feet minimum 10 feet minimum / 15 feet minimum average 10 feet minimum 15 feet minimum .~ ‘.~ ‘,y’ _ c~ . . . . .~y’ ~,.~ gg$@g##@..g .A.. ..5. 3. <.A:.<*.. A%.+.< .c<.. . . 10 feet minimum 10 feet 15 feet feet 20 * This setback is applicable to all structures and all fences or walls greater than 42 inches in height. Attached Unit With Subdivision / Basis = PD Minimum Lot Size Maximum Lot Coverage setbacks: Calle Barcelona* subdivision / project boundaries: structure: front of dwelling 10.000 sauare feet m 35 feet minimum 10 feet minimum - EIR 93-02/MP %ollLckA 93-06/ LPMP ZONE 87-23/CI92&/HDP 92-15/SUP 92-05 GREEN VALLEY MASTER PLAN DECEMBER 13,1995 Attached Unit With Subdivision I Basis = PD side of dwelling I 10 feet minimum rear of dwelling I 15 feet minimum street - public/private: dwelling garage: driveway: front loading side loading ~~~~~~~~~~~~~~~~~ SW ..,. c.$%.% F/ rr,*zer::. C, WY 20 feet minimum 10 feet minimum / 15 feet minimum average dwelling: first floor garage: second floor front loading 15 feet minimum 5 feet minimum side loading I 10 feet minimum Building Separation: I 10 feet I 20 feet Building Height 30 feet @ 3:12 roof Ditch or mater * This setback is applicable to all structures and all fences or walls greater than 42 inches in height. Two (2) enclosed spaces is required for each residential unit and one (1) guest space is required for each four residential units developed as a Planned Unit Development per 21.45.090(c)(d). Parking may be permitted on-street if street width allows. Parking for a senior housing development shall be consistent with 21.44.020, Parking. Recreational Onen Snace Area: All projects which require approval of a Planned Unit Development are required to provide common recreational open space areas at a ratio of 200 square feet per unit. A minimum of 25% of that requirement is to be improved as active recreational open space area. At the discretion of the approving body, a credit up to 10% of the required recreational open space area may be granted for the provision of an onsite interior exercise facility that is determined to be proportionately equal in recreational value as the open space. EIR 93-02&W 92-01/LCPA 93-06/ LFMP ZONE 87-23/CI92-OWHDP 92-lS/SUP 92-05 GREEN VALLEY MASTER PLAN DECEMBER 13,1995 Recreational Vehicle Storage: All projects which require the approval of a Planned Unit Development are required to provide recreational vehicle storage within the Master Plan at a ratio of 20 square feet for every unit consistent with 21.45.090(k). Streets/drivewavs: The Master Plan identifies a hierarchy for private streets and driveways. Private residential streets may have a minimum width of 30 feet with no parking, a width of 32 feet with parking on one side and a width of 36 feet with parking on both sides. Internal private common driveways may have a minimum width of 24 feet but may not serve more than 4 units. The common driveway has been used on other projects within the City as part of a “cluster” design for groups of 4 detached single family homes on either individually owned lots or on common lots with exclusive use yard areas. The advantage of a common private driveway is the reduction in the total number of driveway cuts onto a circulation street which in turn benefits the overall streetscape. Private common driveways less than 30 feet in width are subject to the discretionary approval of either the Planning Commission or City Council, whichever has decision making authority over the project application. No parking is permitted on private driveways. F. TENTATIVE MAP An 11 parcel subdivision map has been submitted in conjunction with the Master Plan. Subdivision of the planning areas into independent legal lots allows for separate ownership and development of each parcel. Lots 4 and 5 are Planning Area 2 (Retail Center) and lots 6, 7,8, and 9 are Planning Area 3 (Residential). Lots 1, 2,3, 10, and 11 are designated as open space. All lots proposed are of adequate size and shape to allow for the future development of a retail center and residential community. The tentative map resolution includes a condition which voids the Planning Commission’s prior action on this tentative map. This has been done to eliminate the potential confusion of having two conflicting approved resolutions for the same site. G. HILLSIDE DEVELOPMENT PERMIT The project site has varying terrain which includes 40% slopes and a general topography which has an elevational difference greater than 15 feet. Information has been provided as required by the Hillside Development Regulations identifying hillside conditions and areas of proposed development and undevelopable areas identified. The intent of the Hillside Development Regulations is to visually preserve and enhance the natural contours of Carlsbad’s hillsides. The project proposes preservation of the upland EIR 93-02JVlP %-ol/LckA 93-06/ LFMP ZONE 87-23/CT924u/HDP 92-15/SUP 92-05 GREEN VALLEY MASTER PLAN DECEMBER 13,199s blue which contain slopes greater than 40%, 25% to 40% slopes and nearly all of the slopes greater than 15%. Development is confined primarily to the disturbed agricultural areas of less than 15%. Total grading quantities are approximately a balanced cut and fill of 729,000 cubic yards over 124 acres of disturbance, including mitigation areas, which is approximately 5,900 cubic yards per graded acre. Up to 10,000 cubic yards per acre within non-residential developments and 7,999 cubic yards within residential developments is termed acceptable by the Hillside Regulations. The proposed project grading falls within those limits. Any nonresidential project proposing slopes greater than 30 feet in height shall be justified to the satisfaction of the decision making body. The Retail Center portion of the proposed Master Plan includes cut and fill grading creating a 21 slope within lot 5 of the subdivision of 48 feet. The proposed slope is located along the western edge of Planning Area 2 at the base of the upland bluffs. However, development of the retail center at the base of the blufth will screen the majority of the slope from public view. Therefore, the view of the blu& by the public will not be greatly affected. There is also the need for a crib wall along the Calle Barcelona extension as it curves south to meet Leucadia Boulevard in Encinitas. The crib wall is the result of the need to align the Calle Barcelona extension with the designated point in Encinitas. The grading involves slopes generally under 15% and without natural vegetation (i.e. the need for the crib wall is @ resulting from the grading of steep slopes or natural areas). Therefore, the proposed grading meets the intent of the Hillside Ordinance and the restrictions of the LCP. The Hillside Development Permit (HDP) resolution includes a condition which voids the Planning Commission’s prior action on this HDP. This has been done because there have been some modifications to the HDP which reduce grading impacts and to eliminate the potential confusion of having two conflicting approved resolutions for the same site. H. SPECIAL USE PERMIT A Special Flood Hazard Area (W-IA) is an area having special flood or flood related erosion hazard potential. Encroachment into an SFHA requires analysis and issuance of a Special Use Permit (SUP). The project is located in the Encinitas Creek Basin of the Batiquitos watershed and encroaches into a documented SFHA as shown on Federal Emergency Management Agency (FEMA), Flood Insurance Rate Maps (FIRM). An integral part of the discretionary review process was the analysis of the potential impacts to Encinitas Creek floodplain caused by the proposed development. Development of the proposed project will cause significant but mitigable increases in the water surface elevation of Encinitas Creek during a 100 year storm because of the proposed fill required to achieve the crossings at Calle Barcelona and Levante Street as well as .6 acres of fill required to achieve 1.7 buildable acres within Planning Area 5. EIR 93-02/MP 9%ol/LL'kA 93-06/ LFMP ZONE 87-23/Cl-92-WHDP 92-15/SUP 92-05 GREEN VALLEY MASTER PLAN DECEMBER 13,1995 PAGE 23 Staff is recommending that the Special Use Permit be approved for only those areas necessary to accomplish the crossings at Levante Street and Calle Barcelona. Fill of the floodplain at the comer of El Camino Real and La Costa Avenue for the purpose of acquiring more developable land area will be inconsistent with the primary action priorities of the OSCRMP, as discussed earlier in this report. Therefore, the project has been conditioned to remove the proposed fill associated with the Planning Area 5 from the project exhibits. The Special Use Permit (SUP) resolution includes a condition which voids the Planning Commission’s prior action on this SUP. This has been done to eliminate the potential confusion of having two conflicting approved resolutions for the same site. IV. ENVIRONMENTAL REVIEW Potential environmental impacts have been reviewed in an Environmental Impact Report (EIR 93-02) which was circulated for public review and comment. Significant new information was added to the Draft EIR prior to certification which included a Reduced Project Alternative, a revised traflk analysis which assessed both the project and the recently approved Encinitas Ranch project in the City of Encinitas, a revised Land Use section, a revised Executive Summary, and revisions to CEQA Mandated Sections. The Draft EIR was therefore recirculated for review and comment. Action on the Final EIR will be certification that all of the documents have completely and adequately analyzed all potential impacts associated with the implementation of the Master Plan. Sections of discussion in the EIR are: 1. 2. 3. 4. 5. 6. 3: 9. 10. 11. 12. Land Use Visual Quality/Landform Alteration Agriculture Biological Resources Cultural Resources Paleontological Resources Geology/Soils Hydrology/Water Quality Traffic Noise Air Quality Public Facilities and Services The conclusion reached on the 12 areas of potential environmental impact fell into two categories. Either the significant impact can be avoided or mitigated or the impact was considered in the EIR but found to be less than significant. Significant EnvironmentaI Impacts That Can Be Avoided or Mitigated Mitigation measures are proposed or have been incorporated into the project for the following environmental impact areas to mitigate significant environmental impacts: EIR 93-02,MP %-ol/LCkA 93-06/ LFMP ZONE 87-23/cI%WIIDP 92-15/SUP 92-05 GREEN VALLEY MASTER PLAN DECEMBER 13,1995 (1) Land Use; (2) Visual Quality/Landform Alteration; (3) Biological Resources; (4) Cultural Resources; (5) Paleontological Resources; (6) Geology/Soils; (7) hydrology/Water Quality; (8) Circulation; (9) Noise; (10) Air Quality. The mitigation measures are contained in the EIR as well as the Mitigation Monitoring and Reporting Program attached to the EIR Resolution. Impacts Found To Be Less Than Significant The following environmental impacts were analyzed in the EIR but found to have impacts which are less than significant: (1) Agriculture; and (2) Public Facilities and Service. A’ITACHMENTS i. 3. 4. 5. 6. 2 9. 10. 11. 12. 13. 14. Planning Commission Resolution No. 3855 Planning Commission Resolution No. 3856 Planning Commission Resolution No. 3857 Planning Commission Resolution No. 3858 Planning Commission Resolution No. 3859 Planning Commission Resolution No. 3860 Planning Commission Resolution No. 3861 Location Map Background Data Sheet Disclosure Form Local Facilities Impacts Assessment Form Green Valley Master Plan (previously distributed) Green Valley Master Plan Final Program EIR (previously distributed) Exhibits “E-I”, dated December 13, 1995. CW:kc lrnlrn BACKGROUND DATA SHEET CASE NO: EIR 93-02/MP 92-011LCPA 93-061LFMP ZONE 87-23/(X’ 92-08/HDP 92-15/SUP 92-05 CASE NAME: Green Valley Master Plan APPLICANT: Carlsbad Partners LTD REQUEST AND LOCATION: ADDrOd of a Master Plan south of La Costa Avenue and west of El Camino Real for the future develonment of 300.000 saure feet of communitv commercial and 400 residential units LEGAL DESCRIPTION: A portion of Section 2 TOWIIS~~D 13 South. Range 4 West: and a portion of Section 35. TOWIIS~~D 12 south. Range 4 West. San Bernardino Meridian. Citv of Carlsbad. Countv of San DierJo. State of California APN:216-122-24.36.37: 255-011-8.9.10.11.12: 255-021-5.6.7.8 Proposed No. of Lots/Units Jl- Acres 281.2 GENERAL PLAN AND ZONING Land Use Designation c/O/RMH/OS Density Allowed 11.5 Density Proposed 7.2 Existing Zone PC Proposed Zone PC Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning Requirements) Site PC North PC zoning Land Use Vacant; C/O/RMH/OS Vacant; OS south Encinitas East PC/Cl-Q West Encinitas Ranch S.P. Developing (Encinitas) Residential & Commercial Developing (Encinitas) PUBLIC FACILITIES School District Encinitas Union Elementrv & San Dieeuito High School Water District Olivenhain MuniciDan Sewer District Leucadia County Water Equivalent Dwelling Units (Sewer Capacity) 563.3 Public Facilities Fee Agreement, dated November 6. 1992 ENVIRONMENTAL IMPACT ASSESSMENT . Negative Declaration, issued _ 1 Certified Environmental Impact Report, dated Other, 4 EXHIBIT 6 Minites of: PLANNING COMMISSION Time of Meeting: 6:00 P.M. Date of Meeting: December 13,1995 Place of Meeting: SAFETY CENTER CALL TO ORDER: Chairperson Welshons called the Regular Meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Chairperson Welshons. ROLL CALL: Present: Chairperson Welshons, Commissioners Compas, Erwin, Monroy, Nielsen, Noble, and Savary Staff Present: Michael Holzmiller, Planning Director Gary Wayne, Assistant Planning Director Brian Hunter, Senior Planner Christer Westman, Associate Planner Bobbie Hoder, Senior Management Analyst Rich Rudolf, Assistant City Attorney Lloyd Hubbs, City Engineer David Hauser, Assistant City Engineer Bob Wojcik, Principal Civil Engineer Robert Johnson, Traffic Engineer Mike Shirey, Associate Engineer Raymond Patchett, City Manager Jim Elliott, Financial Management Director COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA: Jim Dyvig, 2067 La Golondrina, Carlsbad, addressed the Commission and stated that he represented Richard Yoder, 7738 Madrilena, Carlsbad. He read a letter from Richard Yoder to the Mayor and Councilpersons dated December 12, 1995 regarding the Green Valley Initiative which states that some erroneous assertions were made at last weeks City Council meeting. The Initiative requires 25 acres of active open space and allows a range of uses for that open space, but does not mandate any specific use(s). There were assertions made that the Initiative spoils or modifies the City’s park plans, that it forces a change in the City’s library plans, and that it imposes significant costs on the City. These assertions are contrary to fact. Mr. Yoder claims that the erroneous assertions have seriously misrepresented a citizen effort to avoid deterioration of residential property values and quality of life. He included an actual copy of the Initiative with his letter and requested redress of damages in the form of an official public acknowledgement. Frederick Barge, Ecencio Terrace, Carl&ad, addressed the Commission and stated that he represented Ben Smith, 3017 Azahar Court, La Costa. He read a letter from Mr. Smith to all Carlsbad public officials dated December 12, 1995 regarding the Green Valley Initiative. The letter states that the initiative process ’ in California is a first amendment right granted by the Constitution. The Green Valley Initiative was signed by 13O/o of the registered voters of Carlsbad and came as a result of a desire by the people to keep Green Valley free of excessive traffic, increased crime, and low-grade tilt-up commercial development. The City is now requesting that the will of the people be subverted in favor of a project which may constitute a “taking” of value from those who live in the area. It also states that misrepresentations of fact by city officials and administrators concerning the Initiative may be viewed as part of that concert of action to deny those rights. /so MINUTES PLANNING COMMISSION December 13,1995 PAGE 2 Both letters were turned in to the Minutes Clerk and will be on file in the Planning Department. CONTINUED PUBLIC HEARING: 1. EIR 93-02MP 92-Ol/LCPA 93-06/LFMP ZONE 67-23/CT 92-06/HDP 92-15/SUP 92-05 - GREEN VALLEY MASTER PLAN - A request for a recommendation of certification of an Environmental Impact Report and recommendation of approval for a Master Plan, Local Coastal Program Amendment, Local Facilities Management Plan, and approval of a Tentative Tract Map, Hillside Development Permit, and Special Use Permit to allow for the future development of 300,000 square feet of community commercial retail and a maximum of 400 single family detached and/or attached residential units on property generally located on 261 acres at the southwest corner of La Costa Avenue and El Camino Real in Local Facilities Management Zone 23. Chairperson Welshons announced to the audience that if the Planning Commission approves this project, some items will automatically be forwarded to the City Council. Others will be final, subject to appeal. All appeals must be filed within ten calendar days. Christer Westman, Associate Planner, reviewed the background of the request and stated that the Green Valley Master Plan was first reviewed by the Planning Commission in January 1994. The City Council referred the EIR back to staff for expanded environmental analysis and the Master Plan for reconsideration. Mr. Westman stated that the EIR has since been supplemented and recirculated for public review and the Master Plan has been modified to reflect a reduced project from the original proposal. The applicant has proposed the reduced project in response to community and City Council issues. Mr. Westman reviewed the reduced project and stated that the most significant difference between the original project and the revised project are the reductions in allowable commercial square footage and the increased land area for residential. Planning Area 2 originally recommended a 600,000 s.f. community retail center, which has been reduced to 300,000 s.f. Planning Area 3 originally recommended 400 units of multi-family residential on 17.9 acres, which has been changed to a maximum of 400 single family dwellings on 55.6 acres. This translates to an average density of 7.2 du/ac. Mr. Westman discussed the supplemental EIR and summarized the assessment of impacts. Mike Shirey, Associate Engineer, gave an overview of the traffic analysis and stated that three traffic studies have been done since 1992. The last study.dated August 25, 1995 analyzes the revised Green Valley project and consisted of all approved and planned projects in the area, including Encinitas Ranch, Home Depot. Arroyo La Costa, and La Costa Southeast. Mr. Shirey stated that the proposed project will be accessed from El Camino Real on the east, and Leucadia Boulevard on the south. Three on-site circulation alternatives were analyzed, including proposed Street “A,” proposed Levante Street, and the extension of Calle Barcelona west of El Camino Real. He reviewed the three alternatives and stated that Alternative 1 was staff’s recommendation. Alternative 1 extends Levante Street west of El Camino Real and connects Calle Barcelona to Leucadia Boulevard. It also retains two crossings which will separate residential traffic from commercial traffic. The EIR concludes that all biological impacts associated with this alternative can be mitigated to below a level of significance. Christer Westman, Associate Planner, completed his review of the EIR and identified the alternates to the proposed project. He stated that staff’s recommendation was a combination of the environmentally preferred alternative and the General Plan land use alternative with the retention of the Levante Street crossing. He stated that the EIR was released for public review in September with notice to 153 interested parties plus to property owners within a 600 ft. radius. Ten letters of comment were received. Mr. MINUTES , 3 / PLANNING COMMISSION December 13,1995 PAGE 3 Westman then discussed the impact assessments for Local Facilities Management Plan, Zone 23. He stated that all public facilities will comply with the adopted performance standards through buildout. He then discussed the Local Coastal Program Amendment, tract map, and Hillside Development Permit. Mr. Westman stated that four letters had been received regarding the Green Valley project, as follows: (1) Letter dated November 26, 1995 from Debby Wright, 7966 Los Pinos Circle, Carlsbad stating that she can accept the revised project because it has been reduced by 50%; (2) Letter dated November 22,1995 from Hans Carl Jensen, City of Encinitas, stating that they would be satisfied with the Tentative Map if the westerly alignment of Calle Barcelona connects to Leucadia Boulevard; (3) Letter dated November 22, 1995 from the Endangered habitats League, 6424A Santa Monica Blvd., #592, Los Angeles, requesting that the applicant be required to permanently dedicate all open space to the City and that any stream crossing be designed as a bridge; and (4) Letter dated December 13, 1995 from Rabbi Yeruchem Eilford, Chabad at La Costa, supporting the project but retaining the Red Barn for a small neighborhood meeting facility. Commissioner Monroy inquired if there are any guarantees that Calle Barcelona will be open and connected to Leucadia Boulevard when the Green Valley project is started. Mr. Shirey replied that the cities of Carlsbad and Encinitas are working together to provide this connection. The Specific Plan is only conditioned to provide a southerly stub; thereafter the City of Encinitas would be responsible. He stated that it may not be connected in time for Green Valley. Commissioner Monroy inquired if the EIR included studies on Levante, Calle Barcelona, and proposed A Street. There has been some concern that Calle Barcelona may need a traffii signal but Levante would not. He would like to know what will happen if Levante is not connected to A Street. Mr. Shirey replied that the real issue is the southerly connection of Calle Barcelona and Garden View. Carlsbad has no control over Encinitas. If that crossing goes away, the project may be held up. Commissioner Erwin inquired if the Initiative has qualified for the ballot. Rich Rudolf, Assistant City Attorney stated yes. The election will be held in March 1996. Commissioner Erwin inquired if the process in California allows the Planning Commission to proceed or if it must wait for the ballot to be counted. Mr. Rudolf replied that there is no California law which covers this. The developer has brought it forward for the Commission’s action. The Commission is required to take some type of action. There is no precedence for continuing a project until an election takes place. Commissioner Monroy inquired when grading would begin. Mr. Westman deferred reply to the applicant. Chairperson Welshons commented that the project needs Planning Commission approval, City Council approval, and Coastal Commission approval and that this will take some time. Commissioner Erwin noted that some of the residential does not meet our minimum requirements. Mr. Westman replied that the Master Plan anticipates a wide range of building types from stand alone to condos. A variety of building types is needed for flexibility. This can be discussed. Commissioner Erwin inquired if the average daily traffic (ADT) would be less with multi-family. Mr. Westman replied yes. Commissioner Erwin inquired if staff believes that the City Council’s concerns have been addressed. Mr. Shirey replied that projects in Encinitas have been incorporated into the last two traffic reports. The City Council has concerns that two huge developments side by side need to work together. That is happening so it has been addressed. MINUTES , 3a PLANNING COMMISSION December 13,1995 PAGE 4 Commissioner Erwin inquired if this project affects Leucadia Boulevard. Mr. Shirey replied that Leucadia Boulevard is in the City of Encinitas. The development agreement states that the Encinitas Ranch developer cannot complete their project until Leucadia Boulevard has been widened to l-5. Commissioner Compas referred to Condition #43, page 13, of Resolution No. 3659 which states that building occupancy cannot be granted until La Costa Avenue has been widened to l-5. He inquired when the project will be completed. Mr. Shirey replied that La CostaIl-5 interchange improvements are scheduled to go to bid in April 1996. Construction would begin in June 1996 with a completion date of July 1997. The widening of La Costa from El Camino Real to l-5 should go to bid in July 1997, construction should start in September 1997 and be complete in June 1996. Commissioner Compas inquired how much the Green Valley project will increase the traffic on Levante. Mr. Shirey replied that there are currently 5,200 ADT at Levante and El Camino Real. Green Valley would add 600 ADT. Commissioner Compas inquired if there was actually a substantial increase in those figures, what would staff do about it. Mr. Shirey replied that consultants monitor the traffic constantly. If there were a measurable increase, mitigation would take place. Commissioner Compas stated that the supplemental EIR states that La Costa Avenue intersection at El Camino Real will fail at buildout in 2010. Mr. Shirey replied that at the time the General Plan was revised, Green Valley was not considered. Commissioner Noble inquired what the Chabad at La Costa is requesting. Mr. Westman replied that they are in favor of having 6,000 s.f. of retail at the Red Barn site. At present, the Barn is only approximately 1,000 s.f. Commissioner Noble inquired what would be considered a significant environmental impact which can’t be avoided. Mr. Westman replied that for some impacts there is no available measure to reduce them. Commissioner Noble inquired if an unavoidable impact might be similar to the smog which we get from Los Angeles which cannot be controlled. Mr. Westman replied yes. Commissioner Nielsen asked if Carlsbad has a financial agreement with Encinitas on the La Costa intersection and the widening. Mr. Shirey replied there is language for a pro rata share by developers. Carlsbad would construct the link unless an Encinitas project develops along the southern part of La Costa Avenue. Commissioner Nielsen inquired if the Master Plan would allow big box construction. Mr. Westman replied that any project would be allowed in the Master Plan if it complies with the zoning ordinance. The short answer is yes. The Master Plan provides design guidelines. It does not specify a particular user. There is no way for the City to say anything specific about Wal-Mart not being allowed. The Master Plan regulates development but does not specify any particular development. Commissioner Monroy inquired if a private trail should be constructed if Carlsbad will not accept liability. Mr. Westman replied that the condition in the tract map is intended to address the maintenance and liability issues associated with trails. If the developer is willing to take on those responsibilities for a private trail, they are welcome to do so. Commissioner Monroy stated that his question is not what the developer wants, but what the City wants. Chairperson Welshons inquired if this is a standard condition which appears in all other resolutions. Mr. Westman replied yes. ) 3 3 MINUTES PLANNING COMMISSION December 13,1995 PAGE 5 Chairperson Welshons inquired if any other versions of this condition (re trails) has come forward. Gary Wayne, Assistant Planning Director, replied that the Commission has not seen a modified version of that condition but there have been other conditions regarding different types of trails. An example would be Poinsettia Shores where the actual location of the public trails were specified in the Local Coastal Program. Commissioner Monroy stated that it seems to him that pedestrian access to the north is inadequate and a trail system would be a benefit. Mr. Westman replied that the Master Plan has trails located within the buffer areas. The condition in the resolution addresses those trails. The balance of the project contains streets. Michael Holzmiller, Planning Director, commented that the City Council has adopted a Citywide trail plan. However, the developer cannot be prohibited from putting in a private trail system. Chairperson Welshons requested staff to show on the overhead where the trail would be located. Mr. Westman complied. Commissioner Compas stated that the project calls for two bridges into Green Valley at Levante and Calle Barcelona and that they are to be built in such a way that there is free movement of wildlife beneath them. He requested staff to explain more about what the bridges would look like. Mr. Westman replied that the bridges would be placed over the creek and would consist of a pre-cast arch allowing at least 36 ft. for wildlife to move north and south along the creek. The general rule is that the width for wildlife should be about the half the width available to cars. The design for the bridges still need to be approved by the Fish & Game Department. Commissioner Erwin inquired about the legal ramifications if we continue this until the first meeting after the election. Rich Rudolf, Assistant City Attorney, replied there are no legal ramifications. It would be the median, they would not be responsible for a traffic signal. If Von’s wants a signal, they could petition the City to put it in since they were obligated to put it in years ago. Chairperson Welshons inquired how that would affect our policy on the placement of intersections. Mr. Shirey replied that it does not meet the intersection spacing but it was conditioned years ago for a traffic signal. If it wasn’t for the Green Valley project, the medians would not be constructed on El Camino Real. Chairperson Welshons stated that if a full median is constructed, persons exiting Van’s to go south would have to exit on La Costa Avenue or make a U-turn. Mr. Shirey replied that is correct. Chairperson Welshons inquired if there are plans for medians on La Costa Avenue. Mr. Shirey replied yes. Commissioner Monroy inquired if things have changed since we conditioned Van’s for a signal; it seems to him that we wouldn’t want a traffic signal at this location now. Mr. Shirey replied that our current intersection spacing requires 2,600 ft. and this is only 1,300 ft. Commissioner Savary inquired if a traffic signal would have an adverse impact. Mr. Shirey replied that it would. Motion was made by Commissioner Erwin to continue the Green Valley Master Plan to the first Wednesday or first available meeting after the March 26, 1996 election. The motion died for lack of a second. Chairperson Welshons invited the applicant to speak. Allen Farris, 2700 Moreland Street, Dallas, Texas, addressed the Commission and stated that he is the Project Manager for Carlsbad Partners. He concurs with the staff recommendation except for Planning -. PLANNING COMMISSION December 13,1995 PAGE 6 Area 5. He would like to see limited use of Planning Area 5 with the ability to come back at a later date to request a modification of the use. Gary Wood, P&D Consultants, 401 West A Street, San Diego, addressed the Commission and stated that P&D Consultants are the planners and engineers for the Green Valley project. Since the project was originally approved in 1992, it was sent back to staff for modifications. The result is a reduced project which has been presented tonight. Mr. Wood stated that the applicant had mailed out 10,000 newsletters describing the reduced project and requesting comments. Four community forums were held discussing the project and questionnaires were passed out soliciting comments. In the original project, the Planning Commission was concerned about clustering residential development on 19.2 acres. Another concern was the use of retaining walls and their safety. All retaining walls have been removed except for one small area adjacent to the Encinitas boundary. A development agreement was signed in the summer of 1994. Carlsbad Partners has donated three acres of land for Leucadia Boulevard. They also adjusted the project boundaries south of Leucadia Boulevard in Encinitas. The applicant supports the staff recommendation with the exception of the Red Barn site. They would also like a revision to Engineering Condition #36(f) to repair the 24” storm drain, if possible, in lieu of replacing it. Commissioner Compas inquired about the phasing time between the commercial and residential. Mr. Wood replied that residential and commercial could occur independently. Commissioner Compas inquired if the the commercial area would be “big box” construction. Mr. Wood replied that all commercial is in the nature of a big box. The Master Plan states it will be community commercial. Commissioner Compas stated that the project calls for a barrier between the residential and the commercial areas. He requested an explanation. Mr. Wood replied that there would be a landscaped area just north of Calle Barcelona. It would consist of 35’ trees and fencing. Commissioner Monroy inquired when grading would begin. Mr. Wood replied that if this project is approved tonight, it could begin next year. He feels the earliest date would be late summer. There are no improvement plans needed for a grading permit. He would like to get the grading permit in the next few months because grading can only occur between April 15 and November 15. Commissioner Monroy is concerned about the south end of Calle Barcelona. If it is not connected when the commercial is opened, it will create a traffic problem. He inquired if there is any guarantee that the connection will be in place when the commercial is open for business. Mr. Wood replied that when the retail center is built, the loop road would be approved. The development agreement obligates Carlsbad and Encinitas to cooperate. The right-of-way already exists so it should be easy to implement. Commissioner Monroy is concerned about the busy wrner at El Camino Real and La Costa Avenue (Planning Area 5). Nobody is obligated to clean up the area so he would favor having commercial there with certain conditions. He is concerned about the traffic and feels that a sit down restaurant with a small footprint, possible two story, would be ideal. There are great views to the north and west from that location. Mr. Wood replied that staff is also concerned about traffic. This has also been suggested as a possible site for a Jewish temple. Commissioner Monroy inquired if the applicant would accept a condition to build a private trail. Mr. Wood replied that the trail in the Master Plan meets the Carlsbad trails requirement. It is also required by the Local Coastal Program. There is already a condition for a trail. Chairperson Welshons inquired if the City decides not to accept liability for the trail, would the applicant be willing to assume liability for maintenance of the trail. Mr. Farris replied that it is not their policy to provide and maintain private facilities for public use. He added that he would also not present plans for a fast food MINUTES ) 33” PLANNING COMMISSION December 13,1995 PAGE 7 restaurant at the PA 5 corner. He is looking for a low impact use at that corner. Something with a right turn in and a right turn out. He could accept a condition to restrict him from using it for a fast food restaurant. Commissioner Monroy inquired if he would also accept a condition for a private trail system. Mr. Farris replied yes. Commissioner Erwin requested Mr. Wood to repeat his concerns on Condition 36(f). Mr. Wood stated that if the 24 inch storm drain can be repaired, they would prefer to do that. Commissioner Erwin inquired why the decision was made to reduce the commercial by 50%. Mr. Wood replied that it came as a result of the community forums. Many citizens were opposed to it. Commissioner Erwin is concerned about the setbacks which are below minimum. He inquired if the applicant would be willing to accept a condition that all setbacks meet Carlsbad’s standards. Mr. Wood replied that a lot of work has gone into designing the Master Plan so that it fits the property. They have tried to use creative designs and in many instances have used side loaded garages. Commissioner Nielsen inquired what would be the best-guess as to when the Master Plan will complete its processing. Mr. Wood replied that he expects it to go to the Coastal Commission in the summer of 1996. Commissioner Nielsen inquired if staff feels this is realistic. Mr. Westman replied yes. Chairperson Welshons inquired if the Red Barn corner has ever been noticed for trash by the code enforcement officer. Mr. Farris replied yes. There has been a problem there with illegal dumping. Chairperson Welshons inquired if he waits for the City to notify them or if they try to keep ahead of the problem. Mr. Farris replied that they try to correct the problem if they see it first. Commissioner Savary inquired if they were to receive a commercial zoning on PA 5, would they retain the Red Barn. Mr. Farris replied that he would prefer to build a structure that is more in tune with the neighborhood. He would be interested in knowing from staff what would happen if the Red Barn structure were to fall into major disrepair. How would he go about getting the necessary approvals for repair if it is classified as a non-conforming use. Commissioner Erwin inquired if he plans to go to the Coastal Commission before or after the Initiative election. Mr. Farris replied that his main objective is to complete the City’s planning process. He will make application to the Coastal Commission as soon as possible, however he doesn’t think that will happen before April. Commissioner Nielsen requested staff to respond to Mr. Farris’ question of what could be done with the non-conforming use. Gary Wayne, Assistant Planning Director, replied that there are a couple of alternatives. If the site is open space, the Red Barn becomes a non-conforming use. If the structure needs repair, the applicant would have to go through the planning process and the Planning Commission could allow repair of the structure but it must meet certain requirements. One requirement is that the applicant must establish a date certain for its abatement. Another alternative would be that the Planning Commission could determine, in advance, a date certain for abatement of the use. Commissioner Nielsen inquired if they could change the existing business to a restaurant. Mr. Wayne replied that the use cannot be intensified. MINUTES / 3 b PLANNING COMMISSION December 13.1995 PAGE 8 Commissioner Savary inquired if the corner remains commercial, would the applicant retain the old eucalyptus tree. Mr. Wood replied that it would be unlikely because it is in the middle of the site and it is not in good condition. Commissioner Monroy commented that if the site were developed as a commercial site, more and different trees could be planted. Mr. Wood concurred. RECESS The Planning Commission recessed at 8:25 p.m. and reconvened at 8:38 p.m. Mr. Wayne commented that he had more information to report on non-conforming uses. He stated that the ordinance is not very specific. Replacement is allowed as long as a replacement use is allowed in the previous zoning and there is no intensification of that use. The Red Barn corner is currently very low intensity. It could not be accelerated to a higher intensity. If the roof needed repair, it would have to come back to the Planning Commission for a conditional use permit. Rich Rudolf, Assistant City Attorney, stated that there are many ramifications to replacement of a non-conforming use. For one thing, the structure would have to be constructed so that it could be easily removed at the time of abatement. Chairperson Welshons opened the public testimony and issued the invitation to speak. John Jones, 3044 State Street, Carlsbad, addressed the Commission and stated that the citizens should get a judge to issue a cease and desist order until the electorate has an opportunity to voice their desires. It will be impossible to mitigate all of the impacts this project is creating. He would like to see the City condemn the land at a price of $700,000 and maintain it as open space in perpetuity. Any action taken tonight will be moot after the election. He has fought this project from the beginning and he will continue to fight it. Commissioner Erwin inquired about his source of information regarding the lien value being $700,000. Mr. Jones replied that staff provided this figure to the City Council in the very beginning. Sharon R. South, 101 So. Ranch0 Santa Fe Road, Encinitas, addressed the Commission and stated that she represents the Encinitas Union School District. She stated that the District supports the proposed project based upon the developer’s agreement to mitigate impacts. She appreciates that Condition ##2 was added to the project since it will require the applicant to mitigate school facilities to the satisfaction of the District. Robert Payne, P. 0. Box 3073, Carlsbad, addressed the Commission and read a prepared statement regarding his concern about hydrology and water quality as a result of the proposed project. He stated that the mitigation measures proposed in the EIR fail to anticipate the difficulty of managing toxins and heavy metals present in the rainfall runoff from the parking lots, streets, and open areas of the Green Valley residential and commercial areas. He stated that the containment tanks being recommended by staff have not been proven and will release a plume of metals and toxins into the delicate habitat of the Batiquitos Lagoon. A copy of his prepared statement was provided to the Minutes Clerk for file. Commissioner Compas inquired if, in fact, these problems would occur regardless of the proposed project. Mr. Payne replied that any development in the Green Valley area will affect the delicate riparian lagoon eco system. Jeff Johnson, 6327 Chorlito Street, Carlsbad, addressed the Commission and stated that is speaking on behalf of himself and Michael Lee, 1445 Gray Oaks Court, Oceanside. He supports the proposed project MINUTES I 3 7 . - PLANNING COMMISSION December 13,1995 PAGE 9 and likes the Red Barn use because of its low impact on traffic. He would like to see this wrner preserved for low impact use as the applicant has recommended. Commissioner Erwin inquired why someone living in Oceanside would care about something in La Costa. Mr. Johnson replied that he had an idea several years ago for a restaurant. He thinks this wrner would be a great location because of the view. Ann Dyvig, 2607 La Golondrina, Carlsbad, addressed the Commission and stated that she is speaking on behalf of herself and Mr. William Dougherty. After comparing the original EIR with the revised EIR, she sees several areas of inconsistency. Mr. Dougherty pointed these out to the City Council several months ago but nothing has been done about it. She finds it inconceivable that a traffic study done in 1995 projects the same amount of traffic as the study which was done in 1993. The study indicates that standards allow 1,800 vehicles per hour per lane traveling along El Camino Real at that intersection. That is one car every two seconds. lnez Yoder, 7738 Madrilena, Carlsbad, addressed the Commission and stated that the things we cannot see are the most dangerous. Wildlife depends on their water source. We need to attribute all pollutants to their source so they don’t destroy the life line for wildlife. Good monitoring is essential. Lighting is also dangerous for wildlife. She would like to know what contingencies will be in place in the event of a pipeline break during construction. Dolores Welty, 2076 Sheridan Road, Leucadia, addressed the Commission and stated that she lives right down the road on La Costa Avenue. This particular piece of property is beautiful and belongs in open space. She would be willing to contribute a goodly sum of money to help defray the cost of purchasing this land for open space. She is concerned that this project does not meet the stringent development standards that Carlsbad has always been noted for. She hopes the Commission will hold the applicant up to the same standards as other developers; she doesn’t want this applicant to receive any special favors. Ms. Welty is most concerned because the project does not meet local coastal program standards for riparian areas which are being destroyed. Mitigation for the loss of such sensitive environmental resources should be 4:l. A roadway should not be permitted to enter a wetland. Lighting is also detrimental to the wildlife. Furthermore, roads are not supposed to be growth inducing. She hopes the Commission will look very carefully at the plans for the trail. A trail was required on the Sammis property but nobody knows where it is. She would be in favor of retaining the Red Barn the way it is now. Leema Klippstein, P. 0. Box 77027-102, Pasadena, California, addressed the Commission and stated that she represents the Spirit of the Sage Council-California, a coalition to presence endangered species. When birds significantly die off, it is an indicator that our environment is dying off and is no longer healthy. The Green Valley area was set aside from previous projects as a place for birds and wildlife. Now there is no place for the habitat. There should be a minimum mitigation of 3:l for replacement of habitat and she would be in favor of 5:l. This project destroys the habit and does not replace it. No consideration was given to the cumulative impacts. Commissioner Monroy inquired if the Sage Council has any experience in transplanting habitat. Ms. Klippstein replied that they do not do restoration. Their charge is just to make sure that people are obeying the laws set down to protect the habitat. Joe Valenti, 3491 Lawrence Street, Carlsbad, addressed the Commission and stated that we have a responsibility to future generations. Who will be around to answer to our kids. He is concerned about the high five’s he observed at the Planning Commission last week. The developers and consultants were all high-fiving one another after the meeting but the citizens dragged out. Money won again and the will of the people lost. He used to live in Oceanside next to an apartment building which was stuffed down the neighborhood’s throat. Today it is crime ridden and covered with graffiti. He is concerned that nobody wants to take responsibility when a project goes bad. / 3 8 MINUTES December 13,1995 PAGE 10 Pat Blanca, 3209 Fosca, Carlsbad, addressed the Commission and stated that the applicant has stated that their plan is fulfilling the thing that the citizens want. It does not fulfil1 her concerns. A big box could be anything they want to design. The applicant wants to leave their options open. El Camino Real will be a four lane highway with the applicant paying 5% of the cost and the taxpayers paying 95%. She is opposed to this project and hopes the Commission will vote on behalf of the citizens of Carlsbad. Barbara Tice-Simons, 7106 Lantana Terrace, Carlsbad, addressed the Commission and stated that she lives in Carlsbad but works in Oceanside. Her associates in Oceanside have commented that our City officials are getting as bad as Oceanside. She moved out of Vista because they were ruining the environment. She doesn’t understand why we want to ruin our environment and kill our sources of revenue. We need agriculture and we need tourism. She urged the Commissioners to pray about their decision and vote with decisiveness and clarity of purpose. Marilyn Jaffa, 2348 La Costa Avenue, Carlsbad, addressed the Commission and stated that before she moved to Carlsbad she lived in Pacific Beach. Three years ago she moved to Carlsbad because of its beauty. There is not one mention in the staff report about the lagoon. She wonders why we don’t maximize the areas around the lagoon. She is very sad to think that we are losing this uniquely beautiful area. Chairperson Welshons allowed the applicant time for rebuttal. Gary Wood, P&B Consultants, 401 A Street, San Diego, addressed the Commission and stated that the desiltation and depollution plan which is included in the Master Plan conditions of approval is based on the best management practices of the national pollution discharge standards. These are the same standards which have been applied to protect the lagoon in the Aviara development. The project does deal with the 100 year flood plain in accordance with Carl&ad’s standards and maintains the flood flows in a satisfactory fashion. The City’s engineers could provide more detail on that if it is needed. The project is in conformance with the City’s general plan and the reduced project is substantially below the original project which was also substantially below what the general plan and growth management program would allow. The project is in conformance with the zoning ordinance and specific design criteria of the local coastal program, all of which were incorporated into the planning of the project. He emphasized that there are no prime agricultural soils on the property. This is different than other projects in Carlsbad which contain prime agricultural soils. The dilemma of agricultural leases on this property has been that the soil is quite poor and requires a lot of nutrients to be added to get anything to grow. A recent tenant farmer lamented that he had to add so much fertilizer that the only thing the soil did was hold the plant upright. It is simply not a prime agricultural site as many people seem to assume. Commissioner Monroy is concerned about water runoff. He inquired if the streets will be public or private. Mr. Wood replied that the streets on site are all public. There may be a private street in the residential area but that has not yet been determined. Commissioner Monroy would like to know who will sweep the streets since that affects the quality of the runoff. Mr. Wood replied that public streets would be the public responsibility and private streets would be the homeowner association’s responsibility. However, the natural runoff from the bluff would not be polluted and is piped directly through the development area to the creek. The rain which falls on the development area, including the public and private streets, all goes into a separate drainage system which goes into depollutant/desiltation basins which are designed in accordance with national pollution discharge standards before there is any discharge into the creek. Commissioner Erwin inquired if he would be willing to adjust the project’s standards to meet Carlsbad’s minimum standards. Mr. Wood deferred response to Mr. Farris. Allen Farris replied that the revised project allows them to wme back with a specific plan. He doesn’t think the Commission should pick and choose what standards they want imposed. The requirements have already been established by staff. iUlNUTES /3 9 h PLANNING COMMISSION December 13,1995 PAGE 11 Staff has already placed additional standards on the project over and above what the chart requires. He could not agree to Commissioner Erwin’s request. Chairperson Welshons called for a staff response. Christer Westman, Associate Planner, and Mike Shirey, Associate Engineer, responded to the public comments and stated: * Hydrology and wafer. Staff has placed certain conditions on the project requiring permanent basins to handle the runoff. The basins are intended to handle a two year storm. This is a Master Plan. When the site development plan wmes in, additional mitigation measures can be imposed. * Traffic circulation, conflicting information. The Encinitas Ranch was included in the recent traffic study. This is a different project now. Retail was reduced by half. Multi-family was changed to single family. ADT assumptions have changed. * Lighting, habitat barriers, etc. The Master Plan identifies land use only. After it is approved, the specific issues will be addressed in the discretionary review process. * Ambiguity; specific benefits of having two crossings. Two crossings are proposed in the Master Plan. The 3:l mitigation identified is the standard. This still needs the approval of the California Fish & Game. * Funding of the La Costa/l-5 intersection. It would be financed by the Carlsbad developers. The widening of La Costa Avenue to four lanes would be funded directly from the CIP. Money from developers flows into the CIP. - Water quality monitoring program. If pollution is identified upstream, the City would contact those individuals and work out the mitigation. - Flood plain. Staff acknowledges that the water surface elevation can rise as much as 9 ft. in the creek but the conditions of approval set forth mitigation measures to address the crossings so they would not be affected. The size of the opening would be addressed in final design. The water would not be there long enough to destroy vegetation. Mike Coleman, Coleman Planning Group, 138 Escondido Avenue, Suite 209, Vista, an EIR consultant to the City, responded to the letter dated December 13, 1995 from Johnson & McCarty. The letter questions the cumulative impact analysis. He referred to the Supplemental EIR, pages 6-l through 6-5. In the cumulative projects section, 13 projects in the region were used to arrive at cumulative impacts. The City’s legal staff and the applicant were satisfied that a good faith attempt was made to quantify the cumulative impacts from other projects. Regarding cumulative water impacts, staff has received a letter from Olivenhain Water District stating that they can serve the proposed project without significant impacts. Regarding air pollution emissions, this has been addressed in the air quality section. Regarding the Green Valley Initiative, CEQA does not require addressment of initiatives as part of a project. Mr. Westman added that traffic resulting from the Carlsbad Ranch project does not affect this project because it has been disbursed by the time it reaches El Camino Real/La Costa intersection. Mr. Shirey added that if any, there would be very minimal impacts. He noted that SANDAG modeling includes the Carlsbad Ranch as background traffic so it was taken into account. Chairperson Welshons inquired if staff can accept the applicant’s proposal for a change to Condition #36(f). Mr. Shirey replied that staff had discussed that proposal with the applicant and they wncur with the language proposed. Commissioner Compas inquired if the reason the Green Valley Initiative was not considered is that CEQA didn’t require it. Mr. Westman replied that a broad range of alternatives were considered; however, there PLANNING COMMISSION December 13,1995 PAGE 12 is a limit as to how many alternatives can be analyzed. Because the applicant submitted a reduced project, staff felt it was satisfactory and there was no need for another alternative. There being no other persons desiring to address the Commission on this topic, Chairperson Welshons declared the public testimony closed and opened the item for discussion among the Commission members. Commissioner Monroy inquired about the City’s obligation to sweep the streets to meet water quality standards. His concern is that when the City gets into a financial problem, they begin to reduce the services. He inquired if there is a standard for street cleaning. Mr. Shirey replied that the City has a street sweeping program in effect and must meet NPDES requirements. Commissioner Monroy inquired if those standards could be incorporated into the project. Rich Rudolf, Assistant City Attorney, replied that this doesn’t belong in a Master Plan document. He suggested that staff meet with Commissioner Monroy on familiarize him with the standards which the City must meet. Commissioner Erwin still thinks that voting on this issue is premature. A legal initiative will go to the voters of Carlsbad in three months. Discussion of this project by the Planning Commission at this time gives the appearance that the City is trying to jam something down our throats. He asked the Commissioners to put themselves in the place of the citizens. He believes that a decision tonight is doing a disservice to everyone. ACTION: Motion was made by Commissioner Erwin, and duly seconded, to continue the Green Valley Master Plan to the first Wednesday or first available meeting after the March 26, 1996 election. VOTE: l-6 AYES: Erwin NOES: Compas, Monroy, Nielsen, Noble, Savary, Welshons ABSTAIN: None ACTION: Motion was made by Commissioner Nielsen, and duly seconded, to (A) adopt Planning Commission Resolution No. 3855, including the errata sheet, recommending certification of the Environmental Impact Report EIR 93-02, adoption of the CEQA Findings of Fact (Exhibit “A”), and adoption of the Mitigation Monitoring Report (Exhibit “B”); and (B) adopt Planning Commission Resolution No. 3856, 3857, and 3858 recommending approval of Master Plan MP 92-01, Local Coastal Program Amendment LCPA 93-06, and Local Facilities Management Plan LFMP 87-23; and (C) adopt Planning Commission Resolution Nos. 3859,3860, and 3861 approving Tentative Tract Map CT 92-08, Hillside Development Permit HDP 92-15, and Special Use Permit: Floodplain SUP 92-05, based on the findings and subject to the conditions contained therein, including the agreement proposed by the developer. ACTION: Motion was made by Commissioner Monroy, and duly seconded, to eliminate the intersection at Levante and A Street, in its entirety.. VOTE: 2-5 (Amendment fails) AYES: Monroy, Welshons NOES: Compas, Erwin, Nielsen, Noble, Savary ABSTAIN: None Commissioner Monroy wants to make sure that Calle Barcelona connection goes through before this development is occupied. MINUTES /+/ PLANNING COMMISSION December 13,1995 PAGE 13 Commissioner Savary commented that she believes this is beyond Carlsbad’s control. Commissioner Monroy replied that there is a traffic agreement between the cities of Encinitas and Carlsbad. Mike Shirey, Associate Engineer, commented that there are two crossings of Encinitas Creek; however, the southerly connection is not needed right away. ACTION: Motion was made by Commissioner Monroy, and duly seconded, that the south end of Calle Barcelona be open to Leucadia prior to any occupation of the retail space in this project. VOTE: 3-4 (Amendment fails) AYES: Erwin, Monroy, Welshons NOES: Compas, Nielsen, Noble, Savary ABSTAIN: None The subject was discussed of having a traffic signal at the Von’s entrance. Chairperson Welshons would prefer not to have a signal because staff has stated that there is insufficient space between that intersection and the La Costa Blvd. signal. However, she would like to have a break, with ingress and egress to Von’s at the El Camino Real western entrance. Commissioner Monroy would like to have a signal and a break, and have the Von’s performance bond pay for the signal. Mr. Shirey stated that it is staffs opinion that no traffic signal at the western entrance could be a safety hazard. However, they would not preclude Von’s from fulfilling their obligation. David Hauser, Assistant City Engineer, stated that having a break and no signal at that location might open the City up to liability issues. Rich Rudolf, Assistant City Attorney, inquired if a traffic break or signal was considered in the EIR. Mr. Coleman, Coleman Planning Group, replied no. This is a program EIR. It would not require the consideration of a turn pocket. Bob Wojcik, Principal Civil Engineer, explained the history on Von’s. At the time Von’s was built (1983) that portion of El Camino Real was under the jurisdiction of San Diego County. The County had different standards than Carlsbad has. The signal was put off to the future because the County didn’t want it at that time. Von’s was required to purchase a performance bond for a future signal. Mr. Wojcik stated that today he tried to call the bonding company and the telephone numbers are no longer any good. The City could find that Von’s is in violation of their bond because they didn’t perform and the bonds have lapsed. Staff would be willing to contact Von’s and try to work out a solution. Gary Wayne, Assistant Planning Director, stated that the signal dilemma is a technical issue and is only related to the Tentative Map. The Commission could pull the Tentative Map aside and act on the rest of the motion. Staff could wme back at the next meeting with some resolution on the Tentative Map. ACTION: Motion was made by Chairperson Welshons, and duly seconded, that the Planning Commission pull the Tentative Map and CT and bring it back for a vote at the next meeting. VOTE: 7-O (Amendment carries) AYES: Compas, Erwin, Monroy, Nielsen, Noble, Savary, Welshons NOES: None ABSTAIN: None MINUTES jp( iik PLANNING COMMISSION December 13,1995 PAGE 14 ACTION: Motion was made by Commissioner Erwin, and duly seconded, that those setbacks within the Master Plan which do not meet Carlsbad’s minimum standards shall be increased to meet Carlsbad’s minimum standards.. VOTE: 3-4 (Amendment fails) AYES: Erwin, Nielsen, Welshons NOES: Compaq Monroy, Noble, Savary ABSTAIN: None ACTION: Motion was made by Commissioner Monroy, and duly seconded, that if the City does not accept liability for the trail before the final plan is approved, the developer shall build the equivalent trail and retain it as a private trail. If the City assumes liability for the trail at a future date, the trail could revert to the City. VOTE: 4-3 (Amendment passes) AYES: Compaq Erwin, Monroy, Welshons NOES: Nielsen, Noble, Savary ABSTAIN: None ACTION: Motion was made by Commissioner Monroy, and duly seconded, to add a new condition that no application for grading may be approved until April 16, 1996. VOTE: 3-4 (Amendment fails) AYES: Erwin, Monroy, Welshons NOES: Compaq Nielsen, Noble, Savary ABSTAIN: None Commission Monroy made a motion to restrict the size of building on the southwest wrner of El Camino Real and La Costa Avenue to no larger than 6,000 s.f. and two stories, with low traffic impacts, specifically eliminating fast food outlets. The motion died for lack of a second. Commissioner Compas would like to see the southwest wrner property remain in its present state. He appreciates that staff and the applicant expended a lot of effort in reducing the size of the project. Commissioner Noble stated that monitoring pollution does work and he feels it can work at this site as well. One night last year a pollution problem occurred in the Terramar development; at dawn there were numerous trucks in place working on the cleanup. Most of the residents didn’t even realize there had been a problem. He thanked staff for their excellent presentation and stated that he would support the project. Commissioner Monroy can support the project. He feels that 400 units should be the absolute maximum. Commissioner Savary appreciates the display of good faith by the applicant and their efforts to do everything possible to meet the City’s demands. She also thinks staff has done an excellent job. She will support it. Commissioner Nielsen feels that everyone has played a part to ensure the best possible project at this site. The rest will be up to the voters. He will support it. Commissioner Erwin has already stated how he feels. He thinks it is premature to vote on this project before the election. He also has a problem that the developer is not willing to meet our minimum standards. Chairperson Welshons is very impressed with the public participation on this project. This is an entirely different project than the first one which was presented in January 1994. She is not opposed to the project and she lives in this neighborhood. She will see it each and every day. She doesn’t represent any special MINUTES )4 3 PLANNING COMMISSION December 13,1995 PAGE 15 interest group. Her main wncern is seeing that there is a balance. She feels that everyone has done a good job trying to address the issues. That is why Commissioners must make their decision after everyone has had an opportunity to speak their piece. Chairperson Welshons stated that the amendments which had passed were to bring back the CT at the December 20, 1995 meeting and to require a private trail system until such time as the City will accept liability for a public trail. She asked if there were any additional errata sheets. Mr. Westman replied there were none other than that which the Commission has. She called for a vote on the main motion. VOTE: 6-l AYES: Compas, Monroy, Nielsen, Noble, Savary, Welshons NOES: Erwin ABSTAIN: None ADDED ITEMS AND REPORTS: Mr. Wayne stated that staff will be responding to the issues brought in the last public comment. The letter will be copied to Commissioners. Chairperson Welshons stated that an earlier social event had been planned but was postponed due to Commissioner Noble’s illness. It will be rescheduled for January, after the holidays. ADJOURNMENT: By proper motion, the Regular meeting of December 13, 1995 was adjourned at lo:12 p.m. BETTY BUCKNER Minutes Clerk MINUTES ARE ALSO TAPED AND KEPT ON FILE UNTIL THE WRITTEN MINUTES ARE APPROVED. MINUTES 14 4, Carlsbad Parhm ltd. •e*~~~oe~~~e~o~m~~**~~eo 2111 Pahw Rirpoft Rod Suite 100 Carlsbad. Ill 92009 C R 0 S S I N G S December 5, 1995 Kim Welshons, Chairperson Carlsbad Planning Commission City of Carlsbad 2075 Las Palmas Drive Carlsbad, California 92009-1576 Re: Green Valley Master Plan - Planning Area 5 Dear Commissioners: The Green Valley Master Plan, Reduced Project Alternative, which has been forwarded to the Planning Commission has been revised, at the direction of the planning staff, to designate Planning Area 5 as open space. This makes the Master Plan consistent with the staff recommendations for this area. In our letter to the Planning Commission dated November 20, 1995, Carlsbad Partners requested a very restricted land use designation and discussed the reasons we felt this was warranted based on a reasonable application of Carlsbad policies. The attached pages are those that describe the restricted uses, development program and design guidelines for Planning Area 5. If the Planning Commission concurs with the applicant's request, these pages would be added to the Master Plan and other references to Planning Area 5 within the document changed accordingly. Thank you for your consideration of this matter. Very truly yours, da&& A?= Allen D. Farris Carlsbad Partners Ltd. Planning Area Develooment Standards and Guidelines !5 PLANNING AREA 5 - COMMERCIAL Description Plannincl Area 5 is a small oarcel (aooroximatelv 3.0 aross acres) in the northeast corner of Green Vallev. The olannina area is bounded on the north bv La Costa Avenue, on the east bv El Camino Real, and on the west and south bv Planninq Area 1. The olannincl area is the location of an existina structure, commonlv referred to as the “Red Barn” which has been used in the east for several different office and retail uses. Site DeveloDment Standards and Desian Criteria The aooroval of a Site Develooment Plan is reauired orior to anv develooment in this olanninq area. All develooment within Plannina Area 5 shall be in conformance with the C-l Neiahborhood Commercial Zone (Cartsbad Municioai Code, ChaDter 21.26). and the El Camino Real Corridor Develooment Standards, exceot as otherwise noted in this chapter. Use Allocation A maximum of 6,000 sauare feet of aross floor area shall be allowed. Permitted Uses Art store and aallery Bank/savinas and loan (with or without drive-thru’sl Florist Offices (business and orofessional uses1 Restaurant (includina sit-down, with or without on-site liquor sales1 Heiaht The maximum allowable heisht in this olanninq area is 25 feet for a buildinq structure includinq roof form and anv other architectural elements. Setbacks The minimum setback alona La Costa Avenue and El Camino Real for structures shall be thirtv feet (30’) from right-of-wav as in conformance with the El Camino Real Corridor Development Standards. The minimum setback for Darkina shall also be twentv feet (20’1 from riaht-of- wav. Green Vale y Master plan P&D Consuttants, Inc. Page VI-43 I#(@ - - Planning Area Development Standards and Guidelines Parkinq Parkinq shall be in conformance with the Carlsbad Darkina standards (Carlsbad Municipal Code, Chaoter 2 1.44). Additional oarkina standards includino Darkinq lot IandscaDe standards are contained in the Soecial Desian Criteria section which follows. Architecture General 1 A The oroiect desiqn conceots shall reflect the kev elements of the existinq “Old California/Hisoanic” develoDment alone the El Camino corridor consistent with the requirements of the El Camino Real Develooment Standards (Februarv 1984). 2, All elements shall aobear intearated into the overall oroiect desian concert. Desiqns that aooear arbitrarv or are inconsistent in form or comoosition shall not be allowed. Buildina Massina and Form 12. Buildinq massinq shall oossess a balance in form and comoosition. 2 2 Buildino facades shall have a firm relationshio to a human scale. 3- The arranaement and desiqn of windows and doors, as a whole, shall be carefully comoosed to comoliment a buildina mass. Buildinq Entries .L A relationshio between site and buildinn shall be firmlv established. Site and landscaoe features that create a link to the buildinq entrv shall be emohasized. 2 2 Primarv buildina entries shall be from the Darkina area oriented awav from the intersection. Heiaht of Buildinas and Structures 1 A The maximum total buildinq heiqht, includina roof-mounted eauibment and screens, shall not exceed twentv-five feet (25’) in heiqht. 2- Unoccuoiable structures such a tower-tvoe architectural features and flaa ooles shall not exceed twentv-five feet (25’). Green Valley Master Han P&D Consultants, Inc. Page VI-44 jc) 7 c- h Planning Area Development Standards and Guidelines Buildino Materials and Finishes 1 A Exterior materials selected for a buildina shall exhibit a hierarchv of order and be consistentlv aoDlied throuahout a oroiect. 2 2 Corruqated, metal-sided, ore-fabricated, and hiah clloss contemporarv buildinqs are not allowed. 3 3 Color palettes shall be oredominantlv liaht in shade, warm in character, and sensitive in the use of color accents. 4 2 The use of tinted and/or moderatelv reflective olazino (such as areen, blue, qrav, or bronze) is encouraaed. Untinted mirrored qlass and hiahlv reflective aold tinted qlass shall not be allowed. 5 -L Monolithic alazino shall not be used as a dominant desiqn theme. “Glass boxes” shall not be permitted. 6 L Exterior wood mav be used, but must be finished with paint or solid based stain. Buildina Roof Desian 1 A The buildinq mav use parapet-screened, built-up flat roof forms. Sloped or curved roof forms mav also be used if thev are expressed as part of the overall architectural desion. Mansard roof forms shall not be Dermitted. 2 -L Due to the orade differences between this olannina area and surroundina areas, roofs will be visible from some exitina develooment. for this reason, all roofs, unless part of a specific desian element (e.a. a standina seam roof oortion), shall be finished in a uniform color reaardless of whether it is visible from around level. All roof elements; includina roof-mounted equipment and components, the inside faces of equipment screens, and back side of parapet walls: shall be painted to match roof color. Roof forms that are part of the architectural theme of the buildina mav be colored in conformance with the aDDroved material and color palette. 3 A Built-uo or membranae roofino shall be effectivelv screened on all sides bv the buildinq parapet. Parapet heiaht must eaual or exceed the heioht of the hiahest ooint of the flat roofina. Roof Drainaae 1 2 Roof downsDouts shall, in all cases, be routed internallv. Green Valley Master flan P&D Consultants, Inc. P8ge VI-45 ld 8 - Planning Area Development Standards and Guidelines 2, A cover piece shall be required for roof overflow drains. This cover piece mav be either flush hinae-mounted or forward fixed-mounted. Cover pieces mav be painted to match the backqround buildina color or, in a contrastinq color and developed as a desian element. 3 A Storm water from roof downspouts shall not be drained into landscaoe areas. Mechanical Equioment Screeninq L Exterior comoonents. whether roof- or around-mounted, shall be screened on all sides bv the buildina itself, such as an extended roof or oarapet wall, that shall be aestheticallv compatible with the architectural desian of the buildina or screen walls desiqned intearallv with the buildina. 2 A Equipment screenina shall be at least the heiaht of the exterior components to be screened and shall effectivelv screen all such eauipment as miaht be viewed from the around elevation. 3- Corruaated metal shall not be allowed as a screenina material. Screen Walls, Fences, and Retainina Walls .L Screen walls less than 42 inches and fences shall adhere to parkinq setback reauirements alona DUbk riahts-of-wav. Screen walls areater than 42 inches shall adhere to the buildina setback requirements. 2- Screen walls and fences shall not exceed eiaht feet (8’) in heiaht. 3- Fencinq and screenins treatments must be desianed as an intearal oart of the overall architecture and landscaDe desian. 4- All fencinq shall be constructed of durable materials and shall be maintained in aood repair. Painted wrouaht iron, metal Dicket, masonrv block (split face, stucco-coated, plaster-coated, or texture finished) or tilt-uo concrete panels are examoles of acceptable fencina materials. Loadina Areas 1, All loadina areas shall be located to be unobtrusive from view from La Costa Avenue and El Camino Real. 2 A Loadina areas must be desianed to not interfere with Dublic streets. Green Valley Master Man P&D Consultants, Inc. Page VI-46 /d 9 ,- - Planning Area Development Standards and Guidelines Outdoor Storaae L No outdoor storaae shall be oermitted. Refuse Collection and Storaae 1, Outdoor refuse enclosures shall be constructed of oermanent materials aestheticallv comoatible in scale, finish, and color with the overall oroiect. Enclosures shall be of sufficient heioht to comoletelv screen the bins within and shall be provided with a gate, in order to screen all refuse containers from adiacent oublic or orivate rishts-of- wav. 2 A Refuse collection areas shall be desianed to contain all refuse aenerated on site between collections. Utilities and Communication Devices Exterior on-site utilities, includina, but not limited to, irriaation and drainaae svstems; gas lines, water and sewer lines, and electrical and telecommunications shall be installed and maintained underaround. ExceDtions to this orovision are electrical transformers and other similar eauioment that is not tvoicallv olaced underaround. Electrical eauioment shall be mounted on the interior of a buildina wherever oractical. When interior mountino is not oractical. such eauioment shall be screened with walls, berms, and/or landscaoino. On-site transformers shall not be Dlaced within the buildina setback, nor where readilv visible uoon site entrance. All transformer areas shall be screened bv landscaoina. All backflow oreventers, includina fire sorinkler backflow oreventers and above-arade utilitv connections shall be screened bv landscaoins and oainted, when allowed bv code, so as to blend in with the adiacent backaround. Fire sDrinkler valves and alarms shall be Dlaced to visuallv minimize their visual presence. Vehicular Circulation L The vehicular circulation svstem for the olannina area is a throuah drivewav svstem connectina two entrv ooints. The two entrv ooints are limited to a riaht-in/riaht-out movement. 2- The two access ooints will be located alona the El Camino Real frontaoe. Green Valley Master Ran P&D Consultants, Inc. Page VI-47 15’ Planning Area Develo#ment Standards and Guidelines Pedestrian/Bicvcle Circulation 1 2 Efficient, safe nedestrian access shall be brovided from the narkina areas to the buildinafs). 2 2 Where oossible. the sidewalk alone La Costa Avenue will be a widened sidewalk detail consistent with the eiaht-foot (8’1 wide oedestrian/bicvcle trail desianated for this area. The nedestrian/bicvcle crossina of the entrv boint to the, commercial center will be adequatelv marked and detailed to allow bicvcles to avoid anv curbs or drainaqe structures. 3- Bicvcle racks shall be orovided in a convenient, vet unobtrusive location. Parkinq L Parkina shall be reaulated in accordance with the current barkino standards of the City of Carlsbad and the standards described within this ouideline. 2, All uses shall meet or exceed the Citv of Carlsbad oarkina count standards. 3 A On-site vehicular circulation shall be clearlv marked, direct, and efficient. 4- Desionated snaces shall be orovided in convenient locations for handicanued narkina. 5, Designated bicvcle oarkina areas shall be reauired. Bicvcle barkino areas shall have racks and be unobtrusive. 6- Should drive-thru facilities be develooed, circulation desian shall Dreclude car stacking into interior circulation drivewavs. Utilities Desiltation and Debollutant Plan 1, The Green Vallev master olan for siltation and bollution control is contained in Chauter v. 2, The siltation and nollution control for Planninq Area 5 will use an urban oollutant travel filter svstem. The urban oollutant travel filter will use standards of the Citv of Carlsbad or an alternate techniaue or desian if aboroved bv the Citv Enoineer. Green Valley Master Plan P&D Consultants, Inc. Page VI-48 1341 ROBERT PAYNE POST OFFICE BOX 3073 CARLSBAD, CALIFORNIA 92009 619 - 753 - 0007 13 DECEMBER, 1995 GREEN VALLEY E I R SECTION: 4.8 1 -> 6 HYDROLOGY / WATER QUALITY The mitigation measures proposed in the submitted EIR fail to anticipate the difficulty of managing the toxins and heavy metals present in the rainfall run off from the parking lots, streets and open areas of the Green Valley residential and commercial areas. 1. The mitigation plan anticipates no more than l/2 inch of rain in the first downpour of the rainy season. If the rain exceeds l/2 inch, the system designed to stop toxins/heavy metals entering the Encinitas Creek will overflow. The toxins and heavy metals entering the Encinitas Creek may kill the Batiquitos Lagoon. Mitigation of the run off from the Green Valley projects must utilize multiple and redundant containment tanks in a series, in the event the first tanks are overwhelmed by sudden rainfall exceeding expectations. The systems proposed in the EIR are inadequate. 2. The systems intended to contain project runoff are not proven devices. To date, there is no record on the designs. City of Carlsbad Planning Department staff cite the success of the devices now employed at Price Club at Palomar Road. However, the Price Club devices process less run off and discharge the run off to a creek, then to the Pacific Ocean. This system and situation does not even approximate the size of the Green Valley Crossings projects and the delicate creek- riparian-lagoon eco system downstream of the Green Valley Crossings project. downstream of the Green Valley Crossings project. 3. The containment tanks require forethought, financial dedication, and stipulations extending into the coming century. At no time may the toxins/heavy metals be allowed to escape into the Encinitas Creek. This would release a plume of metals and toxins into the delicate habitat of the lagoon. 4. Not mentioned in the E I R is the fact that industrial, household, and landscaping chemicals will accumulate in the containment tanks. The industrial chemicals to be used in the retail areas are of proven lethality. All chemicals will eventually flow to the containment tanks. The household chemicals will include thousands of compounds of varying toxicity. The landscaping chemicals -- fertilizers, pesticides, and herbicides --will also flow to the containment vessels. With the first rain of the year -- or fire fighting anywhere in the Green Valley area -- runoff will carry these chemicals into the Batiquitos Lagoon. 5. Often, developers claim the paving of agricultural lands will create a gain in water quality. They claim this because there will be no more use of agricultural chemicals. This is incorrect. They ignore the fact that the application of pesticides and herbicides to crop lands is a strictly monitored process. A farmer must go through a permit process. A suburban homeowner can put any chemical they want on their lawn. In the case of Green Valley, the poisons and chemicals put on the lawns of . the four hundred homes will go # ’ 4. Qbw DEC 13 ‘95 18:49 PFIGE.002 JOHNSON & MCCARTHY KEVIN K. JOHNSON’ A PARTNERSHIP INClUDlNC A PROFESStONAL CORPORAtlON DANIEL 6. .McCAsTHY ATTORNEYS AT LAW IOHN E. EDWARDS 550 WEST “C’ STREET, SUITE 1150 HElDI E. BROWN SAN OIECO, CALlFORtiiA 921 Ot -3540 JEANNE L. M,UKlNNON . * * P?oFlssour* LAW cmrIc*( December 13, 1995 Planning Cozamission City of Carlsbad 2075 Las Palmos SC0J-r D. SCHAUACKER oc COUNSU TELEPHONE (619) 696-6211 TELECOPIER (619) 696-7516 Carlsbad, CA 92009-157 6 Re: Program Environmental Impact Report for the Grekn Valley Master Plan-and Maker Tentative Map Mp92-01/CT92-08/HoP92-15/SUP92-05 EIR93-02 Ladies and Gentlemen: Johnson & McCarthy has been asked by Carlsbad Citizens/Green Valley to comment upon the alternative project analysis and the cumulative impact analysis in the ~lSupplemental Information to the Program Environmental Impact Report." The cumulative impact analysis found in section 6.3 is incomplete and legally defective. Initially we observe that the analysis fails to consider the Carlsbad Ranch Project which is proceeding at this time within the City of Carl&ad. A copy of the Draft Program Environmental Impact Report for Carl&ad Ranch is sukmitted herein under separate cover. The documentation related to that project from the city files is hereby incorporated by reference into the record on the Green Valley Project. We understand that the Planning Commission is intimately familiar with the documentation and details regarding the results of environmental studies for the Carlsbad Ranch project. In view of the Carlsbad Ranch documentation as well as the suppl~tal information to the Green Valley EIR, it is clear that there are related and cumulative impacts that must be considered between the two projects and amongst the other projects that are listed in the respective EIR materials. CEQA Guidelines, 515130, subd. (b) provides that an adequate dikussion of cumulative impacts must include: the following elementsr (1) either (a) a list of past, present, and reasonably anticipated future projects, including those outside the agency's corkrol, that have produced, or are likely to produce, related or cumulative impacts, or (b) a summary of projections contained in an adopted general plan or related planning document that is designed to evaluate regional or areawide conditions, DEC 13 '95 18:58 .- Planning Commission City of Carlsbad Page 2 December 13, 1995 PFlGE. OB3 provided that such docUment6 are referenced and made available for public inspection at a specified location; (2) a sumary of such individual projects' expected environmental effects, with specific reference to additional information stattng where such information is available; and (3) a reasonable analysis of all of the relevant projects' cumulative impacts, with an examination of reasonable options for mitigating or avoiding such effects + (CEQA Guidelines, 515130, SUM. (b) 4 Among other problems, we note that the Green Valley cumulative bpacts analysis found in $6.3 does not add together and summarize the specific numerical impacts from the various projects identified. In most cases impacts from individual projects are non-numertcally noted, with insufficient detail to allow meaningful analysis. We note, by way of comparison, that the. Carlsbad Ranch environmental document at Table 5-20, has "Estimated Water Demand for Carlsbad Ranch" data. It specifically identifies the expected water needs of all the component parts of the project. (Exhibit *AU. ) The specific, numerical water needs of all of the projects listed under the Green Valley cumulative impact section should be included and added together in the Green Valley document. Similarly, with respect to all of the other environmental im acts of each of the listed projects, there should be qu L GALAWLAUI~ WL ,,,J+,L Lr-L url &hum I Lmb~lntinn of the impacts cumulatively. DEC 13 ‘95 18:51 - PFlGE. BQ4 Planning Commission City of Carlsbad Page 3 December 13, 1995. is perhaps related to the out-and-out failure of the EIR consultants and the City to consider an obvious, environmentally superior project detailed in the Green Valley initiative. That initiative is on the March, 1996 ballot and was filed with the City in November, 1994, well before the supplemental ETR was prepared. Under CEQA, the environmental documents are required to address a reasonable range of project alternatives. The complete absence of an analysis regarding the Green Valley initiative, a copy of which is submitted under separate cover, is a failure in letter and in spirit to comply with CEQA, As authors of the initiative, we can state that the project therein was designed to minimize impacts at the particular project site as well as cumulative impacts in the subregion. The EIR fails to state why the initiative alternative was not considered. The heart of the CEQA process is public participation and hopefully, informed decision making. To ignore the initiative measure from the standpoint of the alternative project analysis and the cumulative impact analysis is inexcusable. . We urge you to comply with CEQA requirements and with good planning principles. It is unfair to the public and, in particular, the proponents of the Green Valley Initiative that the ~;~~t~;lly ignores a well tpought-out and publicly supported As you are aware, Itn order to qualify for the ballot, the initia'tive had to be supported by at least 10% of the registered voters of the City. The subject initiative qualified with more than 13% in support thereof. We also find that your alternatives analysis fails to explain in meaningful detail the reasons and.facts supporting the EIR conclusions. Specific impacts should be quantified throughout the EIR, as done in the Carlsbad Ranch document. Thank you for your consideration on these matters. Very truly yours, KKJ/dlf cc: Carl&ad Citizens/Green Valley DEC 13 ‘95 la:51 - .DRAFT . PRGE.005 CARLSBAD RANCH SPECIFIC PLAN AMENDMENT DRAFT PROGRAM ENVIRONMENTAL IMPACT REPORT d UTY OF -SBAD -- a AUGUST 1995 COTTON/BELAND/ASSOCIA’TES fe! t EZ E ~Q3 189 1. IJI I If 3 m 8 d o,ss 0 0 5238 0 3 I I I __ _- - -- I- 1-t I 1 I I I I I I 1 I -----.---.-.. -...-.- -.,._ -.- --_. _ -..-. l_. --,-...a m . - DEC 13 ‘95 18:s~ TABLE S-6 PROJEWD AIR POLLUTANT EMISSIONS ‘YEAR 2ooo (Pounds Per Day) . Pomttant CO ROG .r”- PRGE.007 TnIlir facton bku -es, Aupuc 19M and May, 1M. The project’s long-term operation impact on air quality is considered signifkmt. Mitigation Measure 1 has been proposed to reduce this impact to a Ievei less than significant TABLE s-7 PROJECTED AIR POLLUTANT EMISSIONS AT BUILDOUT, YEAR 2010 (Pounds Per Day) co 6.075 21 6a96 . ROG 294 2 2% NO% , 675 122 LO60 - skitive Receptors . The development within the specilic plan amendment area will in&de a vocational school campus with dormitories, two hotels, and recreation facilities such as LEGOUND Carlsbad and golf courses, which arc used by large numbers of people. These uses are compatible with other development anticipated under the proposed specific plan amendment, including open space, retail, and research and civ#udms flcPlbnMr --P-J eagcsi 524 Gy of Cadsbad Aupm 1995 c . DEC 13 ‘95 18:53 TABLE 5-19 ESTIMATED SEWAGE FLOW PQGE . 00d” . ! Existing City requirexnents wiIl adequately reduce impacts. No additional mitigation measures arc required. DEC-13-95 WED 13:345 CHFIBQD FIT LQ COSTA 619 943 8892 Chabad at L Costa 1980 ta Costa Ave. ta Costa. CA 92009 . ;1’a (619) 943-8891 FAX (619) 943-8892 U/13/95 Kim Welshons, Chairperson Carisbad Planning Commission City of Carlsbad 2075 Las Palmas Dr. Carlsbad, CA 92009- 1576 Re: Green Valley Crossings - Planning Area 5 Dear Ms. Welshons, We are unable to attend the Planning Commission meeting tonight, however, please enter our position into the public record. We support the project as recommended by staff with the exception of staffs position to remove use of the Red Barn site, Planning Area 5. This recommendation of staff to completely remove any use of the Red Barn site is clifikult to understand. This location has been successfully used for many years. The limited uses proposed in the master plan, at a maximum of only GO00 square feet, represent desirable and finctional activities. We are particularly interested in the site for a small neighborhood meeting facility consistent with the standards proposed by the property owner. Please retain options for use of the Red Barn site as proposed by the property owner. We believe use of this comer can offer a real benefit to the community. Sincerely, Director of Chabad at La Costa . \ c /, Serving all of your Jewish needs in the North County / Cdastal region. Rabbi Yeruchem EilEort /&I ,- December 12, 1995 Honorable Mayor and Councilpersons: In Carl&ad Council chambers last week some seriously untrue assertions were made. I am here to correct those errors. The Green Valley Initiative will appear on the ballot next March. I read from the official text of the Initiative. . the Green Valley Planning Area “shall provide a minimmn of 25 acres of active space. . . . this category shall s be construed to be limited to public use. . . A range. . of specific uses is allowed. . These uses include active recreational facilities, passive recreational facilities, community center facilities, the possible . site for a community library, a small amphitheater, commercial agricultural. . use. . .a public cultural arts/festival center. . .” The specific selection will be made by the normal planning process consistent with the General Plan. These are the exact words of the Initiative. In summary, the Initiative reuuires 25 acres of active open space It specifically allows a range of uses for that open space, but does not mandate any of them. The use will be selected by the normal Planning process in accordance with the General Plan. Any assertion that the Initiative spoils or modifies the City’s park plans is contrary to fact. Any assertion that the Initiative forces a change in the City’s library plans is contrary to fact. Any assertion that the Initiative imposes significant costs on the City is contrary to fact. It specifically allows low-cost passive recreational use or (even) revenue-earning agricultural use. I can only conclude that the Councilmembers had not personally read the Initiative. Perhaps they relied on biased summaries from other persons. For the Council’s convenience I am providing photocopies of the open space sections of the Initiative. The erroneous assertions made at last week’s Council meeting have seriously misrepresented a citizen effort to avoid deterioration of residential property values and quality of life. The errors have done damage and injury to a legal endeavor to which many public-spirited citizens have devoted thousands of hours of effort I am hopeful that the Council, after personally reviewing the actual text of the Initiative, will wish to redress this injury by an official public acknowledgment. This would be the fair thing to do, and would refute any appearance of unfair political practice. I will provide the City Clerk with a w of my remarks and the open space section of the Initiative. I for- mally request that they be placed upon the records of this meeting. Sincerely, J. Richard Yoder Xeroxed from the Green Valley B <“wed Use and Traffic Control Initiative” be on the Mar ‘96 ballot. (These are the only, and all, references to park tir library ,) For complete Initiative, C~JI AZ-01 59 xi $ 0 8 B .il 3 8 ‘3 e Q ii .m 3 B 8 zl .- z! 0 & ‘3 5 !3# h Ben Smith 3017 Azahar Court Ranch0 La Costa, CA 92009 619-436-9960 December 12. 1995 TO: THE PLANNING COMMISSION, MAYOR, CITY COUNCIL AND ADMINISTRATION OF THE CITY OF CARLSBAD One of society’s oldest political rights is that of petition. The first amendment of our constitution says that “Congress shall make no law. . . . abridging the right of the people peaceably to assemble, and to petition the government for a redress of grievances”. In California the initiative right to correct political actions not desired by the people is part of our state Constitution. In Carlsbad, when the city administration and the Hunt brothers of Texas who own Green Valley failed to produce a plan for Green Valley acceptable to citizens, more than 5000 registered voters used their right of petition to master-plan Green Valley to keep it free of excessive traffic, of increased crime, and of low-grade tilt-up commercial development. The Initiative was signed by 13% of the total registered voters of Carlsbad and an estimated majority of voters in the area. Subsequently the Supreme Court ruled that the initiative process could be used for planning and zoning. In opposition to the will of the people you are now asked by a Texas-based de- veloper, acting in concert with the city administration, to favor a plan that would scuttle the Green Valley Initiative and the petition of 5000 citizens. Actions taken by the city in concert with others to deny our right of petition and redress may violate political rights more fundamental than simple zoning and planning, and may constitute a ‘taking’ of value from those who live in the area af- fected. Further, misrepresentations of fact by city officials and administrators con- cerning the Initiative may be viewed as part of that concert of action to deny those rights. Sincerely, November 28, 1995 Mr. Kim Welshons Chairman of the Planning Commission 2075 Las Palmas Drive Carlsbad, CA 92009 1’ .; -;, . $” .I,i Dear Mr. Welshons, The purpose of this letter is to express my opinion on the Green Valley Crossings project. I've lived in my home in the Ranch0 Ponderosa development for 19 years. Though it does not please me to see every field being paved, I know it is inevitable. Therefore, I find it best to work towards a compromise that will satisfy most residents as well as the developer rather than try to completely stop a project. I attended the very first meeting regarding this project at a home in La Costa probably 2 years ago. At that time, I was one of many who opposed this huge project. However now that the project has been reduced by 508, I am no longer against it. In fact, I don't know why anyone would be. We shouldn't chase off a developer who is willing to work with the community. I urge you to approve this reduced project. 7966 Los Pinos Circle Carlsbad, CA 92009 .- ENDANGERED HABITATS LEAGUE Dedicated to the Pro&&n 4 CaaJtal sage Scrub and Other T7wcatcnaf Ecosystems Dan Silver l Coordinator 8424A Santa Monica Blvd. 692 Los Angeles, CA 90069-4210 TEL/FAX 213-654-1456 City of Carlsbad Planning Commission ATTN: Mike Holzmiller, Planning Director 1200 Carl&ad Village Dr. Carlsbad, CA Nov. 22, 1995 . re, liL;l$qc :- , Q Jd ,. ,_ :::j, ,;-$ . . .- ‘., .;: .r RE: Green Valley MP 92-O l/CT 92-OS/EIR 93-02KCPA 93-06/HDP 92-IS/SUP 92-05LFMP Zone 87-23 Hearing date, Nov. 29, 1995 - Honorable Commissioners: The Endangered Habitats League is an organization of Southern California conservation groups and individuals dedicated to ecosystem protection, improved land use planning, and collaborative conflict resolution. We are active participants in the Carlsbad Habitat Management Plan, a effort we strongly support. We wish to submit for the record the following comments on the proposed project in Green Valley. This site is a critical one for the eventual success of Carlsbad’s habitat planning program. A proper dedication of natural open space and adequate wildlife corridor width along the stream are essential components. The Environmentally Preferred alternative, with a single stream crossing, best approaches these requirements, and should be the basis for further improvement in terms of additional natural open space. Related concerns are that the applicant be required to permanently dedicate all open space to the City at this time, and that any stream crossing be designed as a bridge. An additional issue is the polluted runoff from both this project and neighboring projects in Encinitas. Rest management practices for non-point sources should be defined and made conditions of approval, and a water quality monitoring program should be put in place. Thank you for considering our views and for advancing the habitat conservation programs. With best regards, Dan Silver, Coordinator : IS z :-.; NOV 1995 :;:,! : PLANNINGDEPARTM~T ;; City Df carlsbad November 22, 1995 City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-l 576 Re.: MP 92-Ol/CT 92-08/EIR 93-02/HDP 92-l S/SUP 92-05/LFMP Zone 87-23 Green Valley Dear Sir: The City of Encinitas is vitally interested in the proposed Green Valley - Development. The specific concern of the City of Encinitas is the proper connections of the transportation system between the developments taking place at this time in both Encinitas and Carlsbad. It is important that the connection be made from Leucadia Boulevard northerly into the Green Valley area of the City of Carlsbad west of the Encinitas Creek. The City of Encinitas has received adequate information from P&D Consultants, Inc. to clarify the question of the provision of a traffic connection from Leucadia Boulevard northerly into the proposed Green Valley Development. We are satisfied that the agreement between the two cities is being met if the Green Valley Master Tentative Map, showing the Calle Barcelona alignment going westerly and turning southerly to connect to Leucadia Boulevard, westerly of Encinitas Creek is indeed the tentative map being presented and discussed. I hope this will clarify our position. If you have any questions, please call at 633-2776. Sincerely Subdivision Engineer 1 GJ TEL 619-633-2600 / FAX 619-633-2627 505 S. Vulcan Avenue, Encinitas. California 92024-3633 TDD 619-633-2700 -I r,qcyc/edpaper l GENERAL PLAN COMPLIANCE . PROVISION FOR OPEN SPACE l DRAINAGE - PROTECTION FOR ENCINITAS CREEK AND BATIQUITOS LAGOON GREEN VALLEY MASTER PLAN OPEN SPACE ACRES GENERAL PLAN 97.4 GROWTH MANAGEMENT 27.57 MASTER PLAN 69.83 TOTAL 194.80 . . d) Td 0 c c) tr! CI e (1 - 8 8 8 8 8 8 8 0 a 8 : E s 8 5: F r / il I’ !’ I! !, !* I !’ I / I I I / i !, - - Q 8 8 0 8 0 8 : 0 G oj cu‘ ; ; Qo cn CD ‘\ [II a W * ;.g 2 I QJ _-- # 4- LI 0 c 0 ” ‘0 Q) E: cd Ya a bl) El du l d iz 0 0 40 .;*’ !rg a# E .$I# ‘, : 3 0 ilbrlll $a!# E . . . f Ben Smith 3017 Azahar Court Ranch0 La Costa, CA 92009 6 19-436-9960 - AN OPEN LETTER TO: January 23, 1996 MAYOR LEWIS, THE CITY COUNCIL AND ADMINISTRATION OF THE CITY.OF CARLSBAD. Long before the Magna Carta in the thirteenth century free people used the right of petition. We repeatedly appealed to the Crown preceding our Declaration of Independence. The right of petition is embedded in the first amendment of our Constitution and in the initiative process Fn California. It should not be lightly dismissed or denied to the people, whether directly or by subterfuge, delay and, as Shakepeare put it, by "the insolence of office". More than 5000 Carlsbad voters put the Green Valley Initiative on the coming March 26, 1996 ballot ---- not simply a handful of 'activists' as is claimed. It is a good plan and is the will of the majority of voters in the southeast quadrant, and deserves unimpaired attention at the ballot box.‘ Tonight you will consider a plan that can impair and nullify our Initiative before it is presented to the people. While this may be clever politics, it strikes at the heart of the right of petition and smacks of collusion. Your approval can easily be viewed as part of a common scheme, plan, and concert of action between Carlsbad Partners and the City to trample the expressed will of over 5000 Carlsbad voters who signed the Green Valley Initiative. The use of lies and innuendoes which seek to discredit the Initiative, and which follow, lend support this view: Namely that + 'Small groups of activists have caused an expensive election to plan Green Valley on a piecemeal basis' when in fact more than 5000 voters endorsed the Initiative professionally prepared by qualified city planners. + 'The City may b e subject to litigation for ‘inverse condemnation" when in fact the only value of the property in question untfl some plan goes into effect is as agricultural land and open space. + 'The Initiative process should not be used for city planning' when in fact the California Supreme Court recently held that city planning is a proper use of the initiative process.. -i - Given these allegations, petitioners have the right to ask and be given straight anwers to the following questions + What agreements, if any, express or implied, were reached by Carlsbad Partners and City officials and administrators that would lead Carlsbad Partners to believe that its property would have a specific value from which it would suffer a loss? + What agreements, if any, express or implied, between Carlsbad Partners and city officials were made prior to the plan initially presented by the Partners two years ago as to its probable adoption before it was protested, and what agreements have been made, if any, concerning the strategy of delay and timing of this new plan to defeat of the Green Valley Initiative? + What considerations, if any, have passed between the Partners and city officials, directly or by innuendoes, in agreeing to act together to defeat the Green Valley Initiative before it is voted upon? ‘Y + What documentation is there to support the allegations that the Initiative Process should not be used to C' plan development in a community? Carlsbad Partners present,ed a flawed plan two years ago that was supported by city planners but which had to be withdrawn because of an faulty EIR and public outcry. City planners then set up a series of meetings with leaders of the Green Valley movement which were unilaterally cancelled by the planners after only two meetings. Then, Carlsbad Partners and the city sat without a plan until after the Green Valley Initiative was qualified for the ballot. Only then did the developer and city bring in thei- present plan which, if one is adopted simply !:by t7.e !1't 7.1. : :I :/ be as easily altered by the T,Lty r;c ~z:.:;-~T;~- ! .I... l!S?v~~?~~pmo~~l: arl,:i put in the plan the deveL::;:+:- ' i :'a=,!. ~)rc>pa:se!-i. r t i :3 1: ; eat- +‘I--~.-T .rr.~:!irr+:~t.fs presented by those who support - ?)A c 1 --' y it.5 ,-! i3 3 I- i. ii+ r-s pl an that they want the City to have -3 ,!5! ) :i. II t; H control of planning and want to prohibit citizens from using their right of petition expressed in the Initiative :Process. So the choice tonight is whether or, not to abridge the peoples right of petition expressed in the Initiative. Sincerely, Ben Smith * SENT BY: --; l-23-96 : 13:59 ; 6 *-';31355+ .t. 23 January, 1996 Mayor and City Council members, We wish to express our concern over development in the Green Valley ~lceb As residents of La Costa we’re concerned that a large development in that area will lead to gridlock trafEc on El Camino Real and excess noise and danger for residents near Levante street. The Green Valley area has seen extensive development in the past, and the effects of the Ecke Ranch monstrosity has yet to be determined. Please don’t let this section of Green Valley end up like the strip mall hell in Encintitas. Over the past two and half years, we’ve seen quite a few battles of developers verses residents. So far, the city councils involved have sided with developers every time, Take into consideration the people who voted you in office, They have to live with your decisions, Sincerely, Jeff and Joyce Larson January 23. 1996 Carlsbad City Council Rr Mayor 1200 Carlsbad Village Drive Carlsbad. CA 92008 RE: Green Valley We hope the City Council will not approve the Green ValleyKarlsbad Partners project as it stands. Cities today rely too much on retail sales tax promises. We in Carlsbad do not need another retail center which will be vacant most of the time. Vacancy is due to overbuilding and having the same shops or same type shops all within a 5-10 mile radius. Therefore the City does not make the revenue the developer promised, there are vacant buildings, and the citizens have to look at more shopping centers and reduced home values. It truly is a fact that in the EIR reports they did not take a cumulative effect in reviewing the Green Valley project. In addition. when a new housing project is reviewed, it seems to be ignored that families do not have just one car today. Most families have at least two vehicles and sometimes three and four vehicles. This is not taken into account in the EIR reports. Why the EIR did not take into account the housing projects in Encinitas Ecke, ones on Ranch0 Sante Fe Road. and the prqiect that will go in next to the Ranch0 Ponderosa homes and also not take into account the commercial/retail development that wiii also be rebuilt at the corner of La Costa and El Camino Real and the Ecke project is beyond common sense. Therefore the EIR is not worth the paper it is written on. .4 community such as you advertise and prqiect to the rest of the country will not be a good place to live or vacation to in the tilttIre if vou continue to allow developers to run your business. They are after their own fast buck. they really don’t care what idle promises they give to our City otlicials. 1-0~ should not allow this prqiect to proceed as it stands due to over building of retails areas and the amount of available housing on the market today. This will continue to drive down the real estate prices so in the long run you receive less property tax revenues and residences eventually becomes undesirable due to increased traffic. pollution. and vacant retail buildings. Batiquitos Lagoon Foundation Preserve, Protect, and Enhance Post 0ff1ce Box 3103 Carlsbad, California 92009 ALL RZCEIVED 8 January 1996 Mayor Claude “Bud” Lewis City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Dear Mayor Lewis: The Batiquitos Lagoon Foundation (BLF) has been briefed by the applicant for the Green Valley Crossings project and we have reviewed the City staff’s report on the revised project. Based on this review we note that the revised project includes reduced commercial development and lower densities of residential development, revisions that will reduce the project’s overall impact. The BLF does wish to point out that the development of Green Valley will impact the riparian corridor along El Cumino Red. This area sewes as a sediment trap for the lagoon. Therefore development along the corridor intist be designed and niaintairied to minimize sediment run-off. In addition the BLF with the assistance of City staff is working to establish a trail along the north shore of Batiquitos Lagoon running from El Camino Real to the ocean. The City-wide trail plan calls for the lagoon trail to be connected to the Green Valley trail. We request that the City take note of this connection and condition the Green Valley Project accordingly. In effect we ask that the BLF have the right to review and comment on specific features of the Green Valley Crossings plans prior to construction. Our interest is only on the features that pertain to the riparian corridor, hillsides, and public trail access. We would expect to make recoinmcndatiorts tit a lare;. daic dealing viith conirol of pol!aion/sediment into the lagoon, detention basins, trail signs, obsenwion points, revegetation, and coordination with the public information program around the lagoon. It would be preniature to make such reccomendations now but we wish to be on record so that the door will be open in the future. Cordially, Seth Schulberg- President cc: City Council We are strongly opposed to this development. We hope you will think about the interests of the residents to who live and shop here and have invested their hard earned monies and retirements in this communitv. Stop Green Valley as it is planned. Regards. Kurt and Laurie Johnson 6423 La Paioma Street Carlsbad. CA 92009 PLEASE NOfE PROGRESS CIiF CASE; &Ml 1090 (loisa) Harbor View Medical Center 120 Elm Street San Diego, California 92101 L-_ -. -- -4 . January 23, 1996 TO: MAYOR & COUNCIL MEMBERS FROM: Bonnie PHONE CALL RE GREEN VALLEY Katherine Tenny, 2004 Pintoresco Court, Carlsbad, called to voice her opinion that she does not feel the Council should vote on the Green Valley issue until after the initiative which will be voted on by the citizens in March. Feels Council should wait until after the results of the election. If you wish to discuss this, her work phone number is 967-2842. cc: City Manager PROOF OF PUB. - ATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, under the dates of June 30, 1989 (Blade-Citizen) and June 21, 1974 (Times- Advocate) case number 171349 (Blade-Citizen) and case number 172171 (The Ttmes-Advocate) for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and the North County Judicial District; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: January 12, 1996 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at California, this 12 day of January, 1996 b%& ----_-------- ------ Signature NORTH COUNTY TIMES Legal Advertising This spact fij for the County Clerk’s Filing Stamp 4 Proof of Publication of Notice of Public Hearing ---------B------------B--- l --m----m- - NOTICE OF PUBLIC, .HEARjNG GREEN VALLEY MASTER PLAN ,’ - w m PA 934LFMP 87-73 NoTlCErs,~G~~thattheCityCaurildtheCityofCarlsbadwillholdapubli hearingattheCityCollKilChambersl1#W)Carfsbad~~~Ikiw,Carlsbad,Califomiaai QiN p., CJO Tuesday January 23,1996, to amider a reqwst for mtitkath of ar Enviravnental~~Reportandan~pplicatianfaaMaPterPlaBLocalCoastalRogmm Amadment,and~FailitiesManagenientPkntoallowforthefuturedevelapnentol 3MpoosqUarefeet0f~~unityCrmmerdalletail~alMwimumol4wsingle~~ detachedand/orattachedresidentiallmitson281asesdpropertygeneranylocatedat$I; ~~~thwst comer of La Costa Avenue and El ‘Chrdno Real, 11\ Local Facilities Mimagemen Zme23,andmoreparticularlydesaibedas: A~~or~2,T~l3~~~~e4~~a~~~~~~ TownshipWoWangeIWSaaBenuadinoti~kth!~d~ ccmtydSanDiego,SQteofcalifomia. Pyiuhaveaoyquestions~timtter, base contact Ch&ter Westman ih the If you the Master plan, :-. GREEN VALLEY MASTER PLAN MP-920l/EIR 93=2/LCPA 93=6/LFMP 87-23 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m., on Tuesday, January 23, 1996, to consider a request for certification of an Environmental Impact Report and an application for a Master Plan, Local Coastal Program Amendment, and Local Facilities Management Plan to allow for the future development of 300,000 square feet of community commercial retail and a maximum of 400 single family detached and/or attached residential units on 281 acres of property generally located at the southwest corner of La Costa Avenue and El Camino Real, in Local Facilities Management Zone 23, and more particularly described as: A portion of Section 2, Township 13 South, Range 4 West; and a portion of Section 35, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California. If you have any questions regarding this matter, please call Christer Westman in the Planning Department at (619) 438-1161, extension 4448. If you challenge the Master Plan, Environmental Impact Report, Local Coastal Program Amendment, and/or Local Facilities Management Plan in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk's Office at, or prior to, the public hearing. APPLICANT: Carlsbad Partners, Ltd. PUBLISH: January 12, 1996 CITY OF CARLSBAD CITY COUNCIL GREEN VALLEY MASTER PLAN EIR 93002/MP 92-Ol/ LCPA 93006/LFMP 87-23 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Car&bad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, November 29, 1995, to consider a request for certification of an Environmental Impact Report and recommendation of approval for a to allow for the future development of 300,000 square feet of community commercial retail and a maximum of 400 single family detached and/or attached residential units on property generally located on 261 acres at the southwest comer of La Costa Avenue and El Camino Real in Local Facilities Management Zone 23. A portion of Section 2, Township 13 South, Range 4 West; and a portion of Section 35, Township 12 South, Range 4 West, San Bernardino Meridian, City of Carlsbad, County of San Diego, State of California. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after November 23, 1995. If you have any questions, please call Christer Westman in the Planning Department at (619) 438-l 161, ext. 4448. If you challenge the Master Plan, F , Environmental Impact Report, Local Coastal Program Amendment, and/or Local Facilities Management Plan in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: MP 92-Ol/w/ElR 93-02/LCPA 93-06- LFMP ZONE 87-23 CASE NAME: GREEN VALLEY PUBLISH: NOVEMBER 16,1995 CITY OF CARLSBAD PLANNING COMMlSSiON I 2075 Las Palmas Drive - Carlsbad, California 92009-60 * (619) 438-l 161 h (Form A) . TO: C1T.Y CLERK’S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice EIR 93-02/MP 92-Ol/LCPA 93-06/LFMP 87-23 - Green Valley Master Plan for a public hearing before the City Council. Please notice the ftem for the council meeting of January 23, 1996 . Thank you. January 5, 1996 Oate / 1 *w-w*~, 1’ / ,/ rn-,,,-¶a - ,/------ -., / \ \ **a-t*.41 \ c&--J4 *w-,*,-w *,,-t*‘-Ol ,,*- :::-’ ‘ii- ** \ -f “--., _._ ___ \ \ I t=-l.9ricmw-w I Surrounding Ownership - 600’ Radius i *’ /----+--I / / A!% i I!,,.,.,. I i I ¶u-al45 I k I I uC)o,-U I I I “,“‘- il I I I I I I I I I I 5u-555-55 I I I I \ \ k- I : -! I I : I : I I I : I : -I : I I I I I I I I I I I I I GREEN VALLEY GREEN VALLEY Pmpcr(J \ , I I I I I I : I I I I i 1-b” I .- z!! i 1 I I I : ; I I 1 : I r,er*r46 I : I /---- -4 l&j I / : I 56. /lm- u li.~.,.,. 8 I : I m- : “------,I I GREEN VALLEY Surrounding Ownership - GREEN VALLEY PWWIY M. SUSAN WHAN 1787 SWALLOWTAIL ROAD ENCINITAS CA 92024 . GOODMAN FAMILY TRUST 7797 CAMINITO MONARCA #102 CARLSBAD CA 92009 NICHOLE & DANIEL JOSEPHSON 148 HILLCREST DRIVE ENCINITAS CA 92024 KAREN DAVIS 7797 CAMINITO MONARCA #104 CARLSBAD CA 92009 EUGENE & HELEN BEDELLION 7767 CAMINITO MONARCA #108 CARLSBAD CA 92009 KYLE BLIFFERT 860 NW FEDERAL STREET BEND OR 97701 PHILLIPS FAMILY TRUST 7758 CAMINITO MONARCA #103 CARLSBAD CA 92009 MARY MARTINELL 7758 CAMINITO MONARCA #106 CARLSBAD CA 92009 DEBRA ZIROLLA JOHN & DENISE MAZUROSKI P 0 BOX 13052 LA JOLLA CA 92039 ,JESSICA KRAEMER 7758 CAMINITO MONARCA # 111 CARLSBAD CA 92009 NORMAN AND MARIE KERSTEN 7787 CAMINITO MONARCA #lOO CARLSBAD CA 92009 SIDNEY AND LOIS TAMKIN 7787 CAMINITO MONARCA #lOl CARLSBAD CA 92009 EARNESTINE KROBLEN P 0 BOX 249 CLAREMONT CA 91711 PAMELA A. DENNIS 7787 CAMINITO MONARCA # 103 CARLSBAD CA 92009 . MICHAEL & DEBORAH WILIMEK 7797 CAMINITO MONARCA #108 CARLSBAD CA 92009 h MARJORIE DITTO JOHN FEATHERSTONE 14088 E. KAMM AVENUE 1255 MYRTLE AVENUE KINGSBURG CA 93631 SAN DIEGO CA 92103 TOMMY D. SHIELDS TRUST WILLIAM & JERI WERNER 1555 BELLA VISTA 8504 ESTRELITA WAY ENCINITAS CA 92024 LAS VEGAS NV 89128 LARCHMONT INSURANCE P. 0. BOX 94303 PASADENA CA 91109 LA COSTA SHOPPING CENTER INC., C/O LUCE FORWARD HAMILTON & ALEXANDER & FLORENCE CHE SCRIPPS P.O. BOX 3417 600 WEST BROADWAY ALHAMBRA CA .91803 SAN DIEGO CA 92037 LEUCADIA WATER DISTRICT JOSEPH & MILLIE MESSINA 1960 LA COSTA AVENUE 159 MT. VERNON DRIVE CARLSBAD CA 92009 CLAYTON CA 94517 &4RRI GROGGINS TRUST ROBERT F. & ARL T INGoLD ROSINE FITZPATRICK TRUST 7777 CAMINITO MONARCA #lOO C/O TA& COMPLIANCE __ CARLSBAD CA 92009 SAN FkANCISCO CA 94131----- /’ DOWNEY SAVINGS & LOAN MANDEL FAMILY TRUST ASSOCIATION 7747 CAMINITO MONARCA #103 P.O. BOX 6010 CARLSBAD CA 92009 NEWPORT BEACH CA 92658 VELEZ FAMILY E.C. 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AND IVALOU 7797 CAMINITO MONARCA #l 11 BELLAMY TRS CARLSBAD CA 92009 7727 CAMINITO MONARCA #lOO CARLSBAD CA 92009 TIPPLE FAMILY TRUST 2848 ESTURION STREET CARLSBAD CA 92009 GEORGE C. ADAMS JUDY L. ADAMS P.O. BOX 15 LAKESIDE MT 59922 CHRISTINE LOGAN 7757 CAMINITO MONARCA #104 CARLSBAD CA 92009 LAURA L. ROGERS 7727 CAMINITO MONARCA #102 CARLSBAD CA 92009 ANTHONY & LORRAINE CARTER 7797 CAMINITO MONARCA #lOO CARLSBAD CA 92009 h AARON & HELENE BURSTEIN WALDEMAR BREHM TRUST CARYL L. BREHM P.O. BOX 1242 2424 LA COSTA AVENUE CARLSBAD CA 92018 CARLSBAD CA 92009 MIGUEL A. & ARELIA G. NUNEZ GINA R. LANDAU 5 130 CAMINITO EXQUISITO 7768 CAMINITO MONARCA #106 SAN DIEGO CA 92130 CARLSBAD CA 92009 SHELDON & PATTY R. GLICKMAN ROBERT W. HOLLISTER 7768 CAMINITO MONARCA #lOO 7768 CAMINITO MONARCA #107 CARLSBAD CA 92009 CARLSBAD CA 92009 ARTHUR E. AND HELEN D. BERNARD D. FINK SCHAUERMANN JOANNE E. FINK 7768 CAMINITO MONARCA #lOl 12924 VIA LATINA CARLSBAD CA 92009 DEL MAR CA 92014 HELMUT E. G. SCHMIDT JAMES & BETTY MACISSAC 7768 CAMINITO MONARCA #102 7757 CAMINITO MONARCA #102 CARLSBAD CA 92009 CARLSBAD CA 92009 BEVERLY K. FULLER 7767 CAMINITO MONARCA # 10 1 CARLSBAD CA 92009 JANE G. SUTTON 7767 CAMINITO MONARCA #102 CARLSBAD CA 92009 BEVERLY A. ALLEN TRUST 7767 CAMINITO MONARCA #103 CARLSBAD CA 92009 DORIS B. DEMONTE 7767 CAMINITO MONARCA #104 CARLSBAD CA 92009 DAVID E. & DEBRA L. SILVA 7767 CAMINITO MONARCA #105 CARLSBAD CA 92009 MARL0 STIL TRUST SUSAN J. MALONE 8579 PRESTWICK 7768 CAMINITO MONARCA #l 10 TONY C. FINN LA JOLLA CA 92037 CARLSBAD CA 92009 7767 CAMINITO MONARCA #106 CARLSBAD CA 92009 JEAN M. SCHUMACHER THOMAS AND JULIE DESMOND 7768 CAMINITO MONARCA #104 7768 CAMINITO MONARCA #ill JAMES E. KOWALSKI CARLSBAD CA 92009 CARLSBAD CA 92009 3907 LA CRESENTA #109 LA CRESENTA CA 91214 MCCANN FAMILY TRUST 7767 CAMINITO MONARCA #lOO JANE SUTTON CARLSBAD CA 92009 7767 CAMINITO MONARCO #102 CARLSBAD CA 92009 ’ NORTH MESA LLC C/O JOHN WHITE 5600 AVENIDA ENCINAS #lOO CARLSBAD CA 92008 SHIRLEY R. LAVIAGUERRE 7787 CAMINITO MONARCA #105 CARLSBAD CA 92009 HUESCA TRUST 7787 CAMINITO MONARCA #106 CARLSBAD CA 92009 TERESA WESTON, MANFRED GREGER 7787 CAMINITO MONARCA #l 11 CARLSBAD CA 92009 ANTHONY P. AND MARTHA T. URBINO 7777 CAMINITO MONARCA #lOl CARLSBAD CA 92009 KATHLEEN H. VAUGHAN 7777 CAMINITO MONARCA #102 CARLSBAD CA 920090 JORDAN N. STOCKHAM III 7777 CAMINITO MONARCA #103 CARLSBAD CA 92009 PATRICIA H. DERBY 7777 CAMINITO MONARCA #104 CARLSBAD CA 92009 DAVID A. AND TAMMY L. ‘RICHKAS 7777 CAMINITO MONARCA #106 CARLSBAD CA 92009 ROBERT R. AND PATRJCIA A. HARMON 7777 CAMINITO MONARCA #107 CARLSBAD CA 92009 LURINDA CHIN 7777 CAMINITO MONARCA #108 CARLSBAD CA 92009 ROBIN AND VIRGINIA REESE 7777 CAMINITO MONARCA #l 10 CARLSBAD CA 92009 GARY FLORENCE 7777 CAMINITO MONARCA #l 11 CARLSBAD CA 92009 THE MAZDAZNAN ELECTOR CORPORATION 1701 ARYANA DRIVE ENCINITAS CA 92024 CARLTAS COMPANY, C/O CHRIS CALKINS 5600 AVENIDA ENCINAS #lOO CARLSBAD CA 92008 SAN DIEGUITO WATER DISTRICT 59 EAST D STREET ENCINITAS CA 92024 FIELDSTONE LA COSTA ASSOCIATES C/O THE FIELDSTONE CO 14 CORPORATE PLAZA NEWPORT BEACH CA 92660 FRANKLIN, ET AL C/O STEPHEN M. KIRKPATRICK P.O. BOX 8600 PALM SPRINGS CA 92263 DOROTHY GRANT 7757 CAMINITO MONARCA # 102 CARLSBAD CA 92009 VARIABLE ANNUITY LIFE JOSEPH & BARBARA WARSOFF C/O AMERICAN GERNAL 7758 CAMINITO MONARCA #l 10 INVESTMENT CORP CARLSBAD CA 92009 2929 ALLEN PARKWAY HOUSTON TX 77019 PATRICK C. WITT 7767 CAMINITO MONARCA #109 CARLSBAD CA 92009 JUDITH & NIEL KUGEL 7737 CAMINITO MONARCA #l 10 CARLSBAD CA 92009 ELSE B. 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CONSTANCE WHEELOCK KATRIN ABRAHAMIAN *#loo # 103 I7727 CAMINITO MONARCA 7727 CAMINITO MONARCA CARLSBAD CA 92009 CARLSBAD CA 92009 DAVlS FAMILY C. MATTHEW SWINDEN #105 SALLY L. ORTH, #106 7757 CAMINITO MONARCA 7757 CAMINITO MONARCA CARLSBAD CA 92009 CARLSBAD CA 92009 / JACQUES A. GUILLOTON KAREN MAY #108 #lo9 7757 CAMINITO MONARCA 7757 CAMINITO MONARCA CARLSBAD CA 92009 CARLSBAD CA 92009 FRANK HERNANDEZ CHRlSTlNA SIDROW #105 #106 7747 CAMINITO MONARCA 7747 CAMINITO MONARCA CARLSBAD CA 92009 CARLSBAD CA 92009 STEPHEN WORKMAN DANIEL FRAZIER #108 #llO 7747 CAMINITO MONARCA 7787 CAMINITO MONARCA CARLSBAD CA 92009 CARLSBAD CA 92009 OCTOBER 22ND TRUST # 104 7727 CAMINITO MONARCA CARLSBAD CA 92009 ROBERT & TERRY FEDDIG #107 7757 CAMINITO MONARCA CARLSBAD CA 92009 EDWARD & PAULINE ZAWlSZA 43845 GALAXY DRIVE LA QUINTA CA 92253 JAI ME GARCIA #107 7747 CAMINITO MONARCA CARLSBAD CA 92009 LINDA LUCAS #llO 7747 CAMINITO MONARCA CARLSBAD CA 92009 HORST KRUPP DAVlD & PATRICIA GERKE #ill 3495 SIT10 BORDE 7747 CAMI NIT0 MONARCA CARLSBAD CA 92009 CARLSBAD CA 92009 . MARK FORSTER 7728 CALLE MADERO CARLSBAD CALIFORNIA 92009 GORDON BlZIEFF KAREN AND RICH BARNES 4729 GATESHEAD ROAD 7623 RUSTIC0 DRIVE CARLSBAD CALIFORNIA 92008 CARLSBAD CALIFORNIA 92009 ROBERT PAYNE 7732 PLACID0 COURT CARLSBAD CALIFORNIA 92009 CORINNE KLEIN-HILDEBRANDT ALAN HILDEBRANDT 7409 BRAVA ST CARLSBAD CALIFORNIA 92009 ENDANGERED HABITATS LEAGUE SUITE 592 DOLORES WELTY 8424A SANTA MONICA BLVD 2076 SHERIDAN ROAD LOS ANGELES CALIFORNIA 90069 ENCINITAS CALIFORNIA 92024 CCG JULIE FISHER 7623 RUSTIC0 DRIVE 126 VILLAGE RUN WEST CARLSBAD CALIFORNIA 92009 ENCINITAS CALIFORNIA 92024 ARCHILENE WYMAN MARILYN RUDOFF 7635 RUSTIC0 DR 7732 PALACIO DRIVE CARLSBAD CALIFORNIA 92009 CARLSBAD CALIFORNIA 92009 BEN SMITH 3017 AZAHAR COURT CARLSBAD CALIFORNIA 92009 GREGORY CARROLL 2122 PLACID0 COURT CARLSBAD CALIFORNIA 92009 PATRICIA KNOX 2002 PINTORESCO COURT CARLSBAD CALIFORNIA 92009 KEVIN JOHNSON SUITE 1150 550 WEST C STREET SAN DIEGO CA 92101-3540 KAREN MESSER # 18 RUTH LEWIS 2399 JEFFERSON ST 2001 AVE OF THE TREES CARLSBAD CALIFORNIA 92008 CARLSBAD CALIFORNIA 92008 MORRIS RABIN MATTHAND 7717 MORADA STREET 2032 CUMBRE STREET CARISBAD CALIFORNIA 92009 CARLSBAD CALIFORNIA 92009 ALLAN WANAMAKER #8 2399 JEFFERSON ST CARLSBAD CALIFORNIA 92008 ROBERT PAYNE PO BOX 3073 CARLSBAD CALIFORNIA 92009 WILLIAM DAUGHERTY 2600 LA GOLONDRINA ST CARLSBAD CALIFORNIA 92009 GEORGE SULLIVAN 2395 TERRAZA PANGA CARLSBAD CALIFORNIA 92009 ANTHONY CARTER # loo 7797 CAMINITO MONARCA CARLSBAD CALIFORNIA 92009 MARIE KERSTEN x loo 7787 CAMINITO MONARCA CALIFORNIA 92009 LARRY CISNEROS 7034 IVY STREET CARLSBAD CALIFORNIA 92009 FRIENDS OF BATIQUITOS LAGOON PO BOX 232736 ENCINITAS CALIFORNIA 92023 INEZ YODER 7738 MADRILENA WAY CARLSBAD CALIFORNJA 92009 ANDREW BOYER 7778 FALDA PLACE CARLSBAD CALIFORNIA 92009 . BUENA VISI’A AUDUBON KKWl-Y PO BOX 480 OCEANSIDE CA 92049-0480 DON BROWNE 2351 LEVANTE STREET CARLSBAD CALIFORNIA 92009 KARLA AND RENATA MULRY 7010 NUTMEG WAY CARLSBAD CALIFORNIA 92009 JOE HOENIGMAN 2207 RECODO COURT CARLSBAD CALIFORNIA 92009 JOE STRAUSS #A 2524 NAVARRA DR CARLSBAD CALIFORNIA 92009 ANNA CAPLES 3117 VISTA RICA CARLSBAD CALIFORNIA 92009 FRED BARGE 2011 ESCENICO TERRACE CARLSBAD CALIFORNIA 92009 IRWIN WEINTRAUB 7112 ALMADEN LANE CARLSBAD CALIFORNIA 92009 HPA #120 2386 FARADAY DR CARISBAD CALIFORNIA 92008 SETH SCHULBERG 2006 PALOMAR AIRPORT ROAD CARLSBAD CALIFORNIA 92008 - LESLIE REILLY 2203 RECODO CT CARLSBAD CALIFORNIA 92009 CARLTAS # loo 5600 AVENIDA ENCINAS CARLSBAD CALIFORNIA JUDITH BERRY 2142 PLACID0 COURT CARLSBAD CALIFORNIA EITAN AHARONI 1824 OAK AVENUE CARLSBAD CALIFORNIA 92008 92009 92008 STEVE AND BARBARA PERRY 2011 CUMBRE COURT CARLSBAD CALIFORNIA 92009 KURT AND LAURIE JOHNSON 6423 LA PALOMA STREET CARLSBAD CALIFORNIA 92009 KEITH SEARS 2001 ESCENICO TERRACE CARLSBAD CALIFORNIA 92009 O’DAY #204 7220 AVENIDA ENCINAS CARLSBAD CALIFORNIA 92009 ENCINITAS UNION SCHOOL DISTRICT 101 S RANCH0 SANTA FE RD ENCINITAS CALIFORNIA 92024 ED AND MARRION ALLARD 3301 PIRAGUA ST CARLSBAD CALIFORNIA 92009 MONARCH HOA 2121 PLACID0 CT CARLSBAD CALIFORNIA 92009 ERNESTINE KROBLEN PO BOX 249 CLAREMONT CALIFORNIA 91711 MONARCH VILLAS HOA SUITE 2A 7720 EL CAMINO REAL CARLSBAD CALIFORNIA 92009 JOHN JONES 3044 STATE STREET CARLSBAD CALIFORNIA 92008 GREEN VALLEY CONSERVANCY #282 7720 B EL CAMINO REAL CARLSBAD CALIFORNIA 92009 LUCY MALONE 2227 BOCA STREET CARLSBAD CALIFORNIA 92009 KATHY AND MARK WINKLER x513 2510 NAVARRA DRIVE CARLSBAD CALIFORNIA 92009 LEAGUE OF WOMEN VOTERS I’0 BOX 727 ENCINITAS CALIFORNIA 92007 STATE CLEARING HOUSE ROOM 121 1400 1OTH STREET SACRAMENTO CA 95814 ’ CALIFORNIA DEPT FISH & GAME U S FISH AND WILDLIFE SERVICE U S ARMY CORPS OF ENGINEERS ATIN: TIM DILLJNGHAM ATT:ELLYN BERRYMAN SUITE 400 4949 VIEWRIDGE AVENUE 2730 LOKER AVENUE WEST 9868 SCRANTON ROAD SAN DIEGO CALIFORNIA 92123 CARLSBAD CALIFORNIA 92008 SAN DIEGO CALIFORNIA 92121 CALIFORNIAL COASTAL COMM BATIQUITOS LAGOON FDN CITY OF ENCINITAS SUITE 200 PO BOX 3130 PLANNING DEPARTMENT 3111 CAMINO DEL RIO NORTH CARLSBAD CA 92018-3130 505 SOUTH VULCAN AVE SAN DIEGO CA 92108-1725 ENCINITAS CALIFORNIA 9& COUNTY OF SAN DIEGO SANDAG/JACK KOERPER DAVID LAWHEAD ENVIRONMENTAL DIVISION SUITE 800 SUITE 270 5201 RUFFIN ROAD 401 B STREET 8885 RIO SAN DIEGO SAN DIEGO CALIFORNJA 92123 SAN DIEGO CA 92101 SAN DIEGO CALIFORNIA 92108 ERIC J HALL SAN DIEGUITO SCHOOL DIST CMWD LEUCADIA CO.WATER DISTRICT 710 ENCINITAS BLVD 5950 EL CAMINO REAL 1960 IA COSTA AVE. ENCINITAS CALIFORNIA 92024 CARLSBAD CALIFORNIA 92008 CARLSBAD CALIFORNIA 92009 FRANK FONTANESI ROBERT & MARY FARRIS LEE CHERESKJN 1966 OLJVENHAJN ROAD 3469 CIRCULO ADORN0 2376-G CARINGA WAY ENCINITAS, CA 92024-5699 CARLSBAD CALIFORNIA 92009 CARLSBAD CALIFORNIA 92009 MORRIS MAROIS 7752 MADRILENA WAY CARLSBAD CALIFORNIA 92009 LEE HOHIMANN, CCE DARRELL SHEAFFER CARLSBAD CHAMBER OF COMMERCE MANAGING DIRJ3XJR SUITE loo LA COSTA RESORT AND SPA 5411 AVENDA ENCMAS COSI-A DEL MAR ROAD CARISBAD cAIIFoRNIA 92oos cARIsBAD, cALFoRNIALlmRNIA 92009 DAN DOWNING DOROTHEA RENIER DISHSUM TIMOTHY J. BREWER 7254 MIMOSA DRIVE 3322 CADENCIA STREET 6663 CORTE MARIA CARLSBAD CALIFORNIA 92009 CARLSBAD CALIFORNIA 92009 CARLSBAD CALIFORNIA 92009 PAT ZIFFERBLATT 2606 GALICIA WAY CARLSBAD CALIFORNIA 92009 CAROL DUGGER LUCY MALONE 7333-D ALICANTE ROAD 2227 BOCA STREET CARLSBAD CALIFORNIA 92009 CARLSBAD CALIFORNIA 92009 ANN WILDE 7049 SNAPDRAGON CARLSBAD CALIFORNIA 92009 ROBERT & MARY LOU PROHASKA 7977 CAMINO GATO CARLSBAD CALIFORNIA 92009 ALFRED B. DAMRON, FR. 7635 PRIMAVERA WAY CARLSBAD CALIFORNIA 92009 JUDY BAYLISS #2 B ALBERT & ANDREA BOERSMA MAX GRJTZMAKER 2517 NAVARRA DRIVE 7720 CORTINA COURT 6535 FLAMENCO STREET CARLSBAD CALIFORNIA 92009 CARLSBAD CALIFORNIA 92009 CARLSBAD CALIFORNIA 92009 , MARY JANE & JIM ASWEGAN 3108 SERRANO DRIVE , CARLSBAD CALIFORNIA 92009 KIMBERLY COOGAN 7245 MIMOSA DRIVE CARLSBAD CALIFORNIA 92009 C.E. DEARBAUGH 6558 CAMINO DEL PARQUE CARLSBAD CALIFORNIA 92009 MICHAEL BORMAN 2833 CEBU PLACE CARLSBAD CALIFORNIA 92009 ROCKENMACHER RESIDENCE 904 POPPY LANE CARLSBAD CALIFORNIA 9uw)9 BEN & RUBY SCHULMAN 7529 GIBRALTAR STREET CARLSBAD CALIFORNIA 92009 ROBERT ARMSTRAONG 6573 I PASEO DEL NORTE CARLSBAD CALIFORNIA 9uw)9 ROBB HERRING 7067 ZUBARON LANE CARLSBAD CALIFORNIA 92009 ROD & MARY SHACKELFORD 7103 MIMOSA DRIVE CARLSBAD CALIFORNIA 92009 VERONICALIFORNIA SISLERY #26 2630 PIRINEOS WAY CARLSBAD CALIFORNIA 92009 LORRAINE J. LERNER 7408 AVENIDA DE PALAIS CARLSBAD CALIFORNIA 92009 LINDA MORENO 2352 ALTISMA WAY CARLSBAD CALIFORNIA 92009 MRS. TAEMON MOORE 6425 LA GARZA COURT CARLSBAD CALIFORNIA 92009 MARYANNE RICCI 2563 NAVARRA DRIVE CARLSBAD CALIFORNIA 92009 DALE & HANNI RYMAS 6972 BATJQUJTOS DRIVE CARLSBAD CALIFORNIA 92009 DIANE HOLLISTER 2403 LA PLUMA LANE CARLSBAD CALIFORNIA 92009 J. OSWALD 6939 SANDCASTLE DRIVE CARLSBAD CALIFORNIA 92009 RESIDENT 2732 LA GRAN VIA CARLSBAD CALIFORNIA 92009 RESIDENT 2607 LA GOLONDRINA STREET CARLSBAD CALIFONIA 92009 RESIDENT 3102 LEVANTE STREET CARLSBAD CALJFORNJA 92009 RESIDENT 6816 MAPLE LEAF DRIVE CARLSBAD CALIFORNIA 92009 RESIDENT 7748 MADRILENA WAY CARLSBAD CALIFORNIA 92009 RESIDENT 6821 ALDERWOOD DRIVE CARLSBAD CALIFORNJA 92009 RESIDENT 3139 CAMINO DEL ARC0 CARISBAD CALIFORNIA 92009 RESIDENT 2419 SACADA CIRCLE CARLSBAD CALIFORNIA 92009 RESIDENT 3137 VISTA MAR CARLSBAD CALIFORNIA 92009 RESIDENT 2941 A UNICORN10 STREET CARLSBAD CALIFORNIA 92009 RESIDENT 7619 GALLEON WAY CARLSBAD CALIFORNIA 92009 RESIDENT 836 SUMMERSONG COURT ENCINITAS CALIFORNIA 92024 RESIDENT 2638 GALJCJA WAY CARLSBAD CALIFORNIA 92009 RESIDENT #7 7500 VIEJA CASTJLLA WAY CARLSBAD CALIFORNIA 92009 RESIDENT HARRY & ALYSON PEARCE 1916 SWALLOW LANE (2732 LA GRAN VIA CARLSBAD CALIFORNIA 92009 CARLSBAD CALIFORNIA 92009 ANNE & JAMES DYVIG SUESAN LARSEN JEAN & LEO KELLY 2607 LA GOLONDRINA STREET 1712 CANNAS COURT 3102 LEVANTE STREET CARLSBAD CALIFORNIA 92009 CARLSBAD CALIFORNIA 92009 CARLSBAD CALIFORNIA 92009 HENE HAMILTON 6817 MAPLE LEAF DRIVE CARLSBAD CALIFORNIA 92009 IRENE DELACOVIAS JULIE RITTER 7748 MADRILENA WAY 6821 ALDERWOOD DRIVE CARLSBAD CALIFORNIA 92009 CARLSBAD CALIFORNIA 92009 GENE CHARTJER ROBERT GEORGE RAYILYN BROWN 3139 CAMINO DEL ARC0 2419 SACADA CIRCLE 3137 VISTA MAR CARLSBAD CALIFORNIA 92009 CARLSBAD CALIFORNIA 92009 CARLSBAD CALIFORNIA 92009 DEN PHILLIPS 2941 A UNICORNIA STREET CARLSBAD CALIFORNIA 92009 MARY KELLY GUERIN NORMAN HARRINGTON 826 SUMMERSON COURT 2638 GALICIA WAY ENCINJTAS CALIFORNIA 92024 CARLSBAD CALIFORNIA 92009 ROD GREEN L. MC JNTIRE MARCOLM MATHESON 7619 GALLEON WAY 1916 SWALLOW LANE 3365 CORTE TIBURON CARLSBAD CALIFORNIA 92009 CARLSBAD CALIFORNIA 92009 CARLSBAD CALIFORNIA 92009 CLAIRE & THERESA MULLIGAN MORMAN ERICKSON MINDA VAN LOWE 2935 LUCIERNAGA STREET 3157 VISTA MAR 902 A CAMINITO MADRIGAL CARLSBAD CALIFORNIA 92009 CARLSBAD CALIFORNIA 92009 CARLSBAD CALIFORNIA 92009 EARLE GALLANDIT 7112 SAN LUIS CARISBAD CALIFORNIA 92009 ALICIA VERSCHOOR 7924 CALLE SAN FELIPE CARLSBAD CALIFORNIA 92009 MICHAEL & CHERYL KASKA 3117 HATACA ROAD CARLSBAD CALIFORNJA 92009 DR & MRS YUJIRO YAMAMOTO ISABEL DeSASKA 1201 VIA LA JOLL4 6721 EL CAMINO REAL SAN CLEMENT-E CA 92672 CARLSBAD CA 92009 -_ FACILITIES FOR CITY CLERK EIR 93-02 - GREEN VALLEY CARLSBAD UNIF SCHOOL DIST SAN MARCOS SCHOOL DIST ENCINITAS UNION SCHOOL 801 PINE AVENUE 1 CIVIC CENTER DR DIST CARLSBAD CA 92008 SAN MARCOS CA 92069 101 SO RANCHO SANTA FE ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DIST LEUCADIA COUNTY WATER VALLECITOS WATER DIST 701 ENCINITAS BLVD DIST 788 SAN MARCOS BLVD ENCINITAS CA 92024 1960 LA COSTA AVE SAN MARCOS CA 92069 CARLSBAD CA 92009 SAN DIEGO COUNTY PLANNING 5201 RUFFIN l2D STE "B" SAN DIEGO CA 92123 CITY OF CAFUSBAD PLANNING DEPARTMENT CHRISTER WESTMAN CITY OF OCEANSIDE 300 NO HILL ST OCEANSIDE CA 92054 CITY OF ENCINITAS 505 S WLCAN AVE ENCINITAS CA 92024 CITY OF VISTA PO BOX 1988 VISTA CA 92085 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CALIF DEPT OF FISH & GAME 330 GOLDENSHORE #50 LONG BEACH CA 90802