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Home My WebLink About2000-06-27; City Council; 15803; South Carlsbad Coastal Redevelopment Project.\ -’.- CITY OF CARLSBAD u. AND HOUSING AND REDEVELOPMENT COMMISSION - AGENDA BILL AB# 15, g03’ DEPT. HD. @ - TITLE: MTG. b 121 10 CITY MGR. Redevelopment Project DEPT. H/RED CITY ATTY. Joint Public Hearing on the Redevelopment Plan for the South Carlsbad Coastal RECOMMENDED ACTION: Open and conduct a joint public hearing on the proposed Redevelopment Plan for the South Carlsbad Coastal Redevelopment Project and related Environmental Impact Report. ITEM EXPLANATION: On July 20, 1999. the Housing and Redevelopment Commission (“Commission”) took the first the redevelopment survey area for the South Carlsbad Coastal Redevelopment Project. Since step towards adopting a second redevelopment area within the City of Carlsbad by approving that date, the Commission has been undertaking the necessary additional steps to prepare a Redevelopment Plan for the proposed South Carlsbad Coastal Redevelopment Project (“Plan“) and other required documents, such as the Environmental Impact Report. k! i Requirements for adopting and implementing redevelopment projects are established in the n California Community Redevelopment Law, Health and Safety Code Sections 33300 et. a. ! 2 (“Law”). At this point in the process, the law requires the City Council and Commission to conduct public hearings on the proposed Plan and its related Environmental Impact Report permits these bodies to convene a single, joint public hearing. 1 (EIR). Since members of the City Council also sit as members of the Commission, the Law 3 4 The purpose of the joint public hearing is to receive testimony from all interested parties on the e proposed Plan and its related EIR. Following the close of the joint public hearing, the City ; Council will consider adoption of the Plan on July 11, 2000. If any written objections are 5 i written responses to these objections on July 11, 2000, after which the City Council may J i i submitted during the public hearing, the Commission and City Council will need to first adopt proceed in adopting the ordinance. 5 Notice of the public hearing was completed by the following actions: (1) publication of the notice in the North County Times on May 22,2000, May 29, 2000, and June 5.2000; and, (2) a mailed notice to all affected taxing entities, the Terramar Homeowners Association, and Project Area property owners, businesses, and residences on May 17, 2000. The public hearing was originally scheduled for June 20, 2000. However, the hearing was required to be continued to June 27, 2000 due to the lack of a quorum of Commission and Council members for the originally scheduled hearing date. Notice of the public hearing rescheduling was mailed to all aforementioned parties on June 13, 2000. i Commission staff held a public information meeting on June 1, 2000 to ensure adequate E opportunity for public inquiry and input on the Plan. During the subject meeting, staff shared information on the proposed Plan and other matters pertaining to the South Carlsbad Coastal I Redevelopment Project. Approximately fifty (50) residents, business owners, and interested parties attended the subject meeting. The majority of those attending the public information meeting resided in the Terramar residential community. located at Cannon Road and Carlsbad Boulevard. Although this residential area is located outside the boundaries of the Project Area, some Terramar residents voiced concerns about one of the projects proposed to be potentially funded under the Plan. This project is the potential realignment of Carlsbad Boulevard. Staff and its redevelopment consultant explained that approval of the Plan only provides certain authorities and redevelopment tools to the Commission; no specific projects are being considered or approved as part of the Plan. In fact, as staff pointed out, any specific redevelopment project, including any improvements to Carlsbad Boulevard, w6uld be subject to the City’s review process. This includes environmental review and public discussion during Planning Commission and/or City Council meetings, as applicable. RedeveloDment Plan and Environmental Impact ReDort The proposed Plan is essentially a constitution that sets forth the Commission’s goals, powers, duties, and obligations to implement the redevelopment program. Generally, the Plan provides a framework which allows the Commission to: (1) fund property rehabilitation programs; (2) provide for affordable housing opportunities in conjunction with the City’s Housing Element; (3) construct public facility and infrastructure improvements; (4) acquire property for sale or lease within the Project Area; (5) collect tax increment revenue to fund rehabilitation programs, public improvements and other Commission activities; and, (6) issue bonds for redevelopment implementation. All projects, programs, and land use policies must be consistent with the City’s General Plan, as it exists today or hereafter amended. Since the Plan does not propose any specific projects at this time, a program EIR was prepared by the City. Topics addressed in the document include: (1) aesthetics; (2) air quality; (3) biological resources; (4) cultural resources; (5) geologylsoils; (6) hydrologyhater quality; (7) land uselplanning; (8) noise; (9) transportatiordtraffic; (IO) public seivices/utilities/service systems; (11) hazards and hazardous materials; (12) population and housing; and (13) recreation. The EIR also addressed other related issues as required by the California Environmental Quality Act. The EIR concluded that because of its consistency with the City’s General Plan, adoption of the Plan would not result in any significant impacts. The Plan may indirectly encourage and potentially expedite development in the Project Area (consistent with the General Plan), however, the resulting development and impacts are not anticipated to be beyond City policy as set forth in the General Plan. The EIR identified that there would be indirect, significant impacts to air quality associated with the adoption and implementation of the Plan, even with the incorporation of mitigation measures. This is because San Diego County is already in a non-attainment condition for ozone. Any project which even indirectly facilitates development has a non-mitigable significant impact on air quality. However, a primary motivation for adopting the Plan is to facilitate improvements at the Encina Power Plant, thereby improving air quality and reducing ozone emissions. On June 7, 2000, the Planning Commission unanimously recommended approval of the Plan and certification of its EIR to the City Council and Commission. .. . STAFF RECOMMENDATION: At this time, it is requested that the Commission and Council hold a public hearing and accept public testimony on the adoption of the Plan and certification of its EIR as recommended by staff for approval. FISCAL IMPACT: Part of the purpose for the creation of the South Carlsbad Coastal Redevelopment Project is to enlist the financial resources available through redevelopment to help alleviate blighting conditions within the Project Area. The Commission intends to use tax increment funds, among other funding sources, to implement Plan objectives. Tax increment financing is particularly attractive because it does not burden property owners with the costs of redevelopment project implementation. The Commission has no authority to levy or raise taxes. Currently, the Law imposes no limit on tax increment allocated from the Project Area except the time limitation for collection, which is 45 years from the date of ordinance adoption. The limitation of collection of tax increment for the South Carlsbad Coastal Redevelopment Project will, therefore, expire in 2045. Bonded indebtedness repayable from tax increment revenues is limited to $100 million. Preliminary tax increment projections for the Project Area show the capacity to generate approximately $303 million in gross tax increment revenue over the next 45 years. Twenty percent of this amount, or approximately $61 million, could be available to fund housing programs. EXHIBITS: 1. Redevelopment Plan for the South Carlsbad Coastal Redevelopment Project (on file in the City Clerk’s Office) 2. South Carlsbad Coastal Redevelopment Plan Adoption Program Environmental Impact Report (on file in the City Clerk’s Office) 2 J CITY OF CARLSBAD REQUEST FOR ACTION &@-3 15,m3 I OFFICE OF THE CITY MANAGER I I 1 4 '- -z 0 Please Handle Investigate and Report *+::g 0 Please Call Requestor L.8 &@Respond Directly/Send Copy of Response iviRFA 0 Draft Reply for Signature \ RETURN COMPLETED REQUEST TO Y City f - 92008 ction Taken: @, Yes 0 No 1M Dept./Div. fzeccw. Date 6hlDn fRe1iit-n nrinin.1 white rnnv with rrcmnct.) 69 -2 - . __ - .............. - ..... . ... . .... - ........ . . -. ........... - .. .... .......... .. ...... -. .. .... - -- -. .... . - ...... . . -. - City of Carlsbad June 5,2000 PIARCIA STULTS 5199 LOS ROBLES DRIVE CARLSBAD, CA. 92005 RE: SOUTH CARLSBXD COASTAL REDEVELOPMENT AREA Dear Ms. Stults: Thank you for your letter of >lay 31, 2000 regarding adoption of the South Carlsbad Coastal Redevelopment Area within the City of Carlsbad. As you know from your attendance at the information meeting on June 1, 2000, the City has been worlung towards adoption of the South Carlsbad Coastal Redevelopment Area for nearly two years. Adoption of a Redevelopment Plan involves a process whereby several public meetings are held before the Planning Commission andor City Council ana Housing and Redevelopment Commission. A schedule of these meetings was previously provided to Mr. Woolson, the President of the Terramar Homeowners' Association. The indication we received was that this information would be shared with the homeowners in the area. The purpose of the meeting on June 1" was to discuss the implications of redevelopment on those merties --------_ sgecificallv d __.__._..--.. located . .... within ,-~ __.. ~ the --.-- bo-~,d~~s._of_the-r~~~velopment -110 area. Therefore, notices were mailed to property. o\-vne.rs, resident_s,_and-b-~siaes.s,a~~ers within the area inviting tl%iGKfoXeKd.Xhhough other members of the public could attend, our intent was to focus on the comments and concerns of the property owners, residents and business owners within the iGGii&Zes of the redevelopment area. Th~s was the reason the meeting was not more widely publicized to the general public. We, however, appreciate the input from all those who attended the meeting regardIess of the area of concern. As mentioned in the meeting, there will be other opportunities available at a later datz for property owners and other interested parties to comment on specific development or public infiastructure/facility projects --- -..._- - ___._ ~ __.. ~ ..._ ~...-.I__ It is disappointing to staff that the homeowners within the Terramar Community feel that they have not received appropriate information as related to the proposed Redevelopment Plm. A sincere effort was, in fact, niclde IO provide specific information to the President of the Terramar Homeowners' Association on the process and related plan. Also, since starting the process, there have been several newspaper articles about the redevelopment pian adoption process. Specifically, there were two informative articles about the proposed plan in the Norfh County Times on February 14 and February 16, 2000. I have attached copies of those articles for information purposes. Also. at the request of Jeff Woolson, staff has forwarded various documents and related materials on the redevelopment plan to his attention for distribution. This 2965 Roosevelt St., Ste. B Carlsbad, CA 92008-2389 (760) 434-2810/2811 FAX (760) 720-2037 @ .cI. Stults June 5, 7000 P3ge 2 information was also available io any other interested resident or property owner within the City of Carlsbad. Several residents were added to the list of interested parties as a result of the various newspaper articles on this matter. The following provides a list of documents that were forwarded to blr. Woolson in an effort to keep the Terramar Association informed as to the status of the City's efforts to adopt the subject redevelopment area: September 30, 1999 - Schedule of Actions for adoption of the redevelopment area. September 30, 1999 - Xotice of Planning Commission meeting on October 6, 1999 to select the boundaries of :he area and approve the Preliminary Plan, which identified the goals and objectives of the Plan including a funding source for the Carisbad Realignment Project. October 4, 1999 - Copy of Report to Planning Commission and Preliminary Plan. March 14,2000 - Copy of Draft EIR and Redevelopment Plan Copies of all notices related to all public meetings for action on various documents related to adoption of the proposed Redevelopment Area. 0 . As we mentioned in the information meeting on June lg, there are no specific development or public facilityhnfrastructurure projects approved by adoption of the proposed redevelopment plan. All private development as well as public facilities and projects will be reviewed and approved separately. The redevelopment plan simply establishes a framework as well as rules and rocedures fk redevelopment activities within the boundaries of the proposed South Carlsbad Coasta ----I--- e evelopmentrFor *- -_ ___ - -A. example, the Carlsbad Boulevard Realignment Project IS neither approved nor disapproved as a resuIt of adoption of the Redevelopment Plan. Bv its TT( .if aDDroved) COG~ be padah funded with ta increment financing. The Carlsbad Boulevard Realignment Project would be considered >n&onmental review and land use development purposes. If the project is ultimately not approved by the City, there would be no redevelopment activity related to it. -,---------- -- cy..---- _-_ -_* .--*--- --- ---.-. - .--- The proposed redevelopment plan proposes key objectives which could ultimately benefit the entire community through higher quality development -___ and the provision of additional public recreational and open space ares. Enclosed for your information is a copy of the proposed Rzdevelopment Plan 3s well as the Preliminary Plan prepared in September/October, 1999. We hope you find these documents to be helpful. Copies of the st& report to Council will be fonvarded under separate cover. For scheduling purposes, 3s I mentioned at the information meeting on June Is', the Planning Commission will consider the Redevelopment Plan and the Final Environmental Impact Report on June 7, 2000. .A joint public hearing is currently scheduled before the Housing and Redevelopment Co-mission and City Council for June 20, 2000 to receive public testimony. In light of the fact that a couple of the Council members may be absent on June 20,2000, it is likely that the joint public hearing will be continued to June 37, 2000. If the date for the hearing is L __ -- M. Stultr June 5,2000 Page 2 changed, a separate notice will be forwarded to you. It is important to note, however, that action will not be taken to adopt the proposed Redevelopment Area (if determined to be appropriate) until July 11, 2000. You and other interested persons are invited to attend the joint pcblic to share any comments andor concerns you may have on the proposed plan. Again, thank you for your correspondence. I hope this response is adequate to address your concerns. If not, please feel free IO contact my ofice directly at (760) 434-28 15. Pncerei y, i \ DEBBIE FOUNTAIN Housing and Redevelopment Director ad a, North County Times Wednesday, February 16, 2000 North Countv Times Monday, February 14, 2000 ... .- .......... .... ........ .. Council, -: .I I 6 i toreview. I reporton i I .I , , ., .. , . , .. , 1'. . : _..,,.! .. :. (. .! ,. I I:,. .:; .... ... project!-- ; ,I ' ..Jii.:I'%f 2 ._I .. s , ! SI ' Diego Gas &:Ele'ctric Co. The 1 . '.46-year-old ..... -.. 'plad~&slater.sold -.l. .... - .. ,.-, ; to a pnvate,ip?rpership:;but i the city continued.'% development pl~S-;~> --:, ,. . In 0ctober;the-council ap- i 1 'j proved',th~,~p~~d$~~~.~or - . I ..-, I*\ ,. the i I. 2 555.5-acre':projectjareaisetting : ~ the wheels in motion for the ~ .. adoptiomof-a redevelopment I ' area..If the council, acting as ' !. the,Housing ... and Redevelop- 1 .I. - merit: .Commission, ':approves :,'bthe preliminary rep!rt, it will I : L' sthen .gqi before the-'.ix,ty's Plan-,. ~ ning-Commission.to"check for. , ; ' ,.conformance with'Carlsbad's' j ..... CI:> I d 1 ge+@ ~1.~:::- . A ..... It also needs to be circulated to county officials and other af- fected taxing entities for re- view and comments. A finalized version of the re- development plan is scheduled .to'be presented during a joint public hearing to the City Council and Planning CO~S- si,on on June.20, according to the'report going before council. ... ..y:r,Tlie t...... project .area,st,ietches .. ,fro'm Agua Hedionda Lagoon, south to the city's southern lim-. it, bo$.nde d benyZen'ttiiPadc j ...- Ocein.&d Interstate.S.:Accord-: EXHIBIT A CERTIFICATE OF MAILING CARLSBAD REDEVELOPMENT AGENCY SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT I, Debbie Fountain, whose business address is at 2965 Roosevelt Street, Suite B, Carlsbad, Ca. 92008, do hereby certifj that the notices ofjoint public hearing between the Housing and Redevelopment Commission and the City Council regarding adoption of the South Carlsbad Coastal Redevelopment Project and related actions was mailed, via first class mail, to all property owners, residents, tenants and businesses within the Project Area, as shown on the attached list at the United States Post Office, in Carlsbad, California on May 17,2000. I certifL under penalty of perjury that the foregoing is true and correct. Dated: May 17,2000 n Housing and Redevelopment Director City of Carlsbad - City of Carlsbad Sincerely, May 17,2000 DO YOU WANT TO FIND OUT MORE? Dear Property Owner or Business Tenant: Enclosed is a Notice of a Joint Public Hearing on the proposed Redevelopment Plan for the South Carlsbad Coastal Redevelopment Project. The City Council of the City of Carlsbad and the Carlsbad Housing and Redevelopment Commission will hold the joint public hearing on: Tuesday, June 20,2000 6:OO p.m. (or as soon as possible thereafter) City of Carlsbad Council Chambers 1200 Carlsbad Village Drive; Carlsbad, California Exhibit A to the notice is a map of the Project Area boundaries. According to public records, you either reside, own property, and/or a business within the Project Area. The proposed Plan would allow the Commission to use eminent domain, as a last resort, to acquire property within the Project Area. However, the Commission has no plans to use eminent domain at this time. Any real property acquisition proposed by the Commission would require additional actions, such as a mailed notice to affected property owners, Commission held public hearings, and offers of purchase based upon a fair market value appraisal. The purpose of the joint public hearing is to receive testimony on the proposed Redevelopment Plan. You are invited to testify at the joint public hearing. You may also submit written comments to the City Clerk prior to the hearing. If you have any questions, please contact Debbie Fountain, Housing and Redevelopment Director, at (760) 434-28 15. here will be a community meeting on the proposed Redevelopment Plan on June 1, 2000 at 6:OOpm at he Senior Center (799 Pine Avenue) in Carlsbad. he meeting will be an excellent opportunity to ask uestions and find out more about the proposed I Redevelopment Plan. L aymond Patchett Executive Director Enclosures 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 (760) 434-2821 FAX (760) 720-9461 @ C.\WMoOWS\~jphlU doc - City of Carlsbad NOTICE OF JOINT PUBLIC HEARING ON THE PROPOSED REDEVELOPMENT PLAN FOR THE SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad (“City Council”) and the Carlsbad Housing and Redevelopment Commission (“Commission”) will hold a joint public hearing on Tuesday, June 20,2000, at 6:OO p.m. in the City Council Chambers located at 1200 Carlsbad Village Drive, Carlsbad, Czlifornia, to consider and act upon the proposed Redevelopment Plan (“Redevelopment Plan”) for the South Carlsbad Coastal Redevelopment Project (“Project”) and to consider all evidence and testimony for or against the approval and adoption of the proposed Redevelopment Plan. At any time not later than the hour set forth above for the hearing of comments on or objections to the proposed Redevelopment Plan, any person may file in writing with the City Clerk of the City of Carlsbad, a statement of objections to the proposed Redevelopment Plan. At the day, hour, and place of the hearing, persons having comments or objections to the proposed Project Area and/or question the regularity of any of the prior proceedings, may appear before the City Council and Commission, showing cause to why the proposed Redevelopment Plan should not be adopted. A map of the proposed Project Area is contained herewith as Exhibit A, A legal description of the Project Area is available upon request, free of charge, at the offices of the City Clerk and Commission: Office of the City Clerk 1200 Carlsbad Village Drive Carlsbad, CA 92008 Carlsbad Housing and Commission 2965 Roosevelt Street, Suite B Carlsbad, CA 92008 .Interested persons may inspect and, upon payment of the costs of reproduction, obtain copies of the Project’s proposed Redevelopment Plan, Owner Participation Rules, final Environmental Impact Report, and other pertinent documents. By order of the City Council and the Carlsbad Housing and Redevelopment Commission. Date: May 17,2000 Aletha L. Rautenkranz City Clerk City of Carlsbad Publication Dates in the North County Times: May 22,2000 May 29,2000 June 5,2000 June 12,2000 2S&mw&St., Ste. B . Carlsbad, CA 92008-2389 (760) 434-2810/2811 FAX (760) 720-2037 @ Project Area I Q N I I PUBLIC NOTICE NOTICE OF AVAlLABILITY DRAFT ENVIRONMENT IblPACT REPORT (EIR) State Clearinghouse No. 99101 106 South Carlsbad Coastal Redevelopment Plan Adoption PROJECT: The project includes the adoption of a redevelopment plan to encourage redevelopment within the Project Area. The redwelopment plan is for a period of 45 years with land use controls in effect for 30 years with the remaining 15 years to allow for the collection of tax increment and payment of debt. The Plan will establish the authority for the Carlsbad Housing & Redevelopment Commission to use eminent domain to acquire property for the first hvelve years. The Plan includes public improvement projects that may be funded by the Commission including beach replenishment and rehrbishment, realignment of Carlsbad Boulevard and interchange improvements, construction of beach and recreational facilities along the Carlsbad Boulevard corridor, housing programs, and facilities for drainage, roads, water distribution, and sewer infrastructure. The Project Area totals 513 acres and generally includes the area immediately around the Encina power plant and the westerly portion of the Agua Hedionda Lagoon, south along the Carlsbad Boulevard right-of-way to the southerly city boundary. The Carlsbad Housing & Redevelopment Cornmission, as lead agency for this project, has prepared an EIR-for the project which evaluates the potential environmental effects associated with the adoption and implementation of the Plan. The EIR has been prepared in compliance with the California Environmental Quality Act (CEQA) Public Resources Code §21oOO et seq and the CEQA Guidelines gl5000 et seq and City of Carlsbad environmental procedures for implementing CEQA. Public Reso- Code §21092@) quires that this notice id en^ any significant environmental impacts of the project. In this case, potentially significant impacts have been reduced to a level of insignificance with mitigation measures except for identified air quality impacts. This significant, unavoidable impact will require adoption of a Statement of Overriding Considerations by the Carlsbad Redevelopment Commission if the proposed project is approved. PUBLIC MEETINGS: CEQA does not require formal hearings at any stage of the environmental review process and public comments maybe restricted to written communications. However, two public hearings are scheduled regarding the EIR and proposed Plan: June 7,2000 June 20,2000 City of Carlsbad Planning Commission City of Carlsbad City CounciYCarlsbad Housing & Redevelopment Commission Ifyou challenge the subject application in court, you may be limited to raising only those issues you or someone else raised at a public meeting or described in written correspondence delivered to the Carlsbad Housing and Redevelopment Department at, or prior to, the conclusion of the public review period. Please contact Deborah Fountain at (760) 434-2815 if you have any questions regarding this meeting or if you would like to review or purchase a copy of the EIR. DRAFT EIR REvlEW PERIOD: Written comments on the Draft EIR will be accepted until April 3,2000 at 5 n.m. and should be addressed to: Ms. Deborah Fountain Carlsbad Housing and Redevelopment Department 2965 Roosevelt Street, Suite B Carlsbad, CA 92008-2815 The Draft EIR and all supporting materials are available for review at the above location and at the Carlsbad Main Library located at 1775 Dove Lane, Carlsbad, CA 92009 MARK LEIDER SEACREST KENNELS 7250 PONTO DRIVE . CARLSBAD CA 92009 JAMES SHERLOCK CARLSBAD CA 92009 STILLMAN HEATING & AIR COND 7200 PONTO DRIVE JERRY GRABEN GRABEN'S MIRROR RESlLVElRNG 7248 PONTO DRIVE CARLSBAD CA 92009 GREGORIO AND LUZ ALCARAZ 7244 POND0 DRIVE CARLSBAD CA 92009 CHAPPEE FAMILY TRUST B 654 N. HIGHWAY 101 ENClNlTAS CA 92024 ESS REALTY 1050 W 5THAVENUE 3CONDIDO CA 92025 dARKLElDER $61 MAWMAN AVENUE AKE BLUFF IL 60044 'ALOMAR BEACH RESORTS LLC 329 2ND STREET #A INCINITAS CA 92024 )ALE AND DONNA SCHREIBER 163 ARGONAUTA WAY :ARLSBAD CA 92009 dEST DEVELOPMENT INC. 0 BOX 8617 ANCHO SANTA FE CA 92067 JOANNE WI LLl AMS PET GROOMING 7250 PONTO DRIVE CARLSBAD CA 920C-9 PAUL & LINDA ADDISON ADDISON SHEET METAL 7238 PONTO DRIVE CARLSBAD CA 92OG9 JOSE CORONADO HERNANDEZ UPHOLSTERY 7248 PONTO DRIVE CARLSBAD CA 92009 CABRILLO POWER I LLC 1000 LOUISIANA STREET #5800 HOUSTON TX 77002 CITY OF CARLSBAD ATTN: RAYMOND R. PATCHEU 1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008 JOHN AND CARYL FISCHER 6630 SUNSET CIRCLE RIVERSIDE CA 92505 MEHRAN MAZDYASNI 3335 LOWER RIDGE ROAD SAN DIEGO CA 92130 PONTO STORAGE INC. PO BOX 23 CARLSBAD CA 92018 STATE OF CA LIF. PARKS ti REC. ATTN: MR. RUSTY AREIAS PO BOX 942896 SACRAMENTO CA 942926 DALE SCHREIBER PONTO STORAGE INC. 7290 PONTO DRIVE CARLSBAD CA 92009 MARCUS BASHORE BASHONRE CABINETS 7238 PONTO DRIVE CARLSBAD CA 92009 PAUL & LINDA ADDISON 1175 SOLANA DRIVE DELMAR CA 92014 CANNON ROAD LLC 1745 ROCKY ROAD FULLERTON CA 92831 NANCI DETMER 7258 PONTO DRIVE CARLSBAD CA 92009 GRABEN FAMILY TRUST 6719 CAMlNO DEL PRADO CARLSBAD CA 92009 NORTH COUNTY TRANSIT DlST ATTN: MR. MARTIN MINKOSS 181 0 MISSION AVENUE OCEANSIDE CA 92054 SAN DIEGO GAS AND ELECTRIC ATTN: MR. RICHARD FARMAN 101 ASH STREET SAN DIEGO CA 92101 KENNETH AND SOPHIE WANG 4433 CONVOY STREET #I SAN DIEGO CA 9211 1 MORRIS YANEZ GINA ULBRIGHT - 1000 LOUISIANA ST. STE 5800 72dcl PCLTQ DYNEGY POWER GROUP HOUSTON TX 7702 TIMOT~Y STRIPE GRAND PACIFIC RESORTS 5900 PASTEUR COURT STE 200 CARLSBAD CA 92008 JEFF LVOOLSON PRESIDENT, TERRAMAR ASSOC. PO BOX 860 CARLSBAD CA 9201 8-0860 TIM HEMlG CABRILLO POWER 750 “B’ STREET SUITE 2740 SAN DIEGO CA 92101 MIKE HOWES HOFMAN PLANNING 5900 PASTEUR COURT STE 150 CARLSBAD CA 92008 KENNETH AND SOPHIE WANG 51 88 CARDENO DRIVE LAJOLLA CA 92037 RON ROUSE LUCE, FORWARD, HAVILTON & SCRIPPS 600 W BROADWAY STE. 2600 SAN DIEGO CA 92101 STAN MARKS NRG NORTH AMERICA 750 “B” STREET SUITE 2740 SAN DIEGO CA 92101 RUTH LOVE SEMPRA ENERGY 101 ASH STREET, HG05B SAN DIEGO CA 92101-3017 DAVID LLOYD CABRILLO POWER 750 “B” STREET, SUITE 2740 SAN DIEGO CA 92101 2ND REDEVELOPMENT AREA PROJECT LABELS 2000 ERNIE SOCZKA CABRILLO POWER 750 “6” STREET SUITE 2740 SAN DIEGO CA 92101 FRANK URTASUN SAN DIEGO GAS ELECTRIC 8330 CENTURY PARK CT CP 33G SAN DIEGO CA 92123-1530 LOUIS TASCHNER ATTORNEY AT LAW 1533 SO COAST HIGHWAY STE D OCEANSIDE CA 92054 CAROL ESTES MlRA COSTA COMMUNITY COLLEGE DISTRICT 1 BARNARD DRIVE MS 6 OCEANSIDE CA 92056 MARK LEIDER SEACREST KENNELS 7250 PONTO DRIVE : CARLSBAD CA 92009 JAMES SHERLOCK STlLLlLlAN HEATING & AIR COND 7200 PONTO DRIVE CARLSBAD CA 92009 JERRY GRABEN GRABEN'S MIRROR RESILVEIRNG 7248 PONTO DRIVE CARLSBAD CA 92009 GREGORIO AND LUZ ALCARAZ 7244 POND0 DRIVE SARLSBAD CA 92009 ZHAPPEE FAMILY TRUST B 354 N. HIGHWAY 101 iNCINITAS CA 92024 23s REALTY 1050 W ~I'~AVENUE - !SCONDIDO CA 92025 4ARK LEIDER ' 61 MAWMAN AVENUE AKE BLUFF IL 60044 ALOMAR BEACH RESORTS LLC 29 2ND STREET #A NClNlTAS CA 92024 ALE AND DONNA SCHREIBER 163 ARGONAUTA WAY 4RLSBAD CA 92009 EST DEVELOPMENT INC. 3 BOX 8617 4NCHO SANTA FE CA 92067 JOANNE WILLIAMS PET GROOMING 7250 PONTO DRIVE CARLSBAD CA 92009 PAUL & LINDA ADDISOW ADDISON SHEET METAL 7238 PONTO DRIVE CARLSBAD CA 920C9 JOSE CORONADO HERNANDEZ UPHOLSTERY 7248 PONTO DRIVE CARLSBAD CA 92009 CABRILLO POWER I LLC 1000 LOUISIANA STREET #5800 HOUSTON TX 77002 CITY OF CARLSBAD ATTN: RAYMOND R. PATCHElT 1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008 JOHN AND CARYL FISCHER 6630 SUNSET CIRCLE RIVERSIDE CA 92505 MEHRAN MAZDYASNI 3335 LOWER RIDGE ROAD SAN DIEGO CA 92130 PONTO STORAGE INC. PO BOX 23 CARLSBAD CA 92018 STATE OF CA LIF. PARKS & REC. A7TN: MR. RUSTY AREIAS PO BOX 942896 SACRAMENTO CA 942926 DALE SCHREIBER PONTO STORAGE INC. 7290 PONTO DRIVE CARLSBAD CA 92009 MARCUS BASHORE BASHONRE CABINETS 7238 PONTO DRIVE CARLSBAD CA 92009 PAUL & LINDA ADDISON 1 175 SOLANA DRIVE DELMAR CA 92014 CANNON ROAD LLC 1745 ROCKY ROAD FULLERTON CA 92831 NANCI DETTMER 7258 PONTO DRIVE CARLSBAD CA 92009 GRABEN FAMILY TRUST 6719 CAMINO DEL PRADO CARLSBAD CA 92009 NORTH COUNTY TRANSIT DIST ATTN: MR. MARTIN MINKOSS 181 0 MISSION AVENUE OCEANSIDE CA 92054 SAN DIEGO GAS AND ELECTRIC ATN: MR. RICHARD FARMAN I01 ASH STREET SAN DIEGO CA 92101 KENNETH AND SOPHIE WANG 4433 CONVOY STREET #1. SAN DIEGO CA 92111 MORRIS YANEZ GINA ULBRIGHT - 1000 LOUISIANA ST. STE 5800 72Lcl pLTo n7. DYNEGY POWER GROUP HOUSTON TX 7702 TIMOTHY STRIPE GRAND PACIFIC RESORTS 5900 PASTEUR COUeT STE 200 CARLSBAD CA 92008 JEFF ‘,VOOLSON PRESIDENT, TERRAMAR ASSOC. PO BCX 860 CARLSBAD CA 9201 8-0860 TIM HEMlG CABR!LLO POWER 750 “6’ STREET SUITE 2740 SAN DIEGO CA 92101 VlKE HOWES -IOFhlAN PLANNING j900 PASTEUR COURT STE 150 ZARLSBAD CA 92008 (ENNETH AND SOPHIE WANG $188 CARDENO DRIVE .AJOLLA CA 92037 RON ROUSE LUCE, FORWARD, EXMILTON & SCRIPPS 600 W BROADWAY STE. 2600 SAN DIEGO CA 92101 STAN MARKS NRG NORTH AMERICA 750 “B” STREET SUITE 2740 SAN DIEGO CA 92151 RUTH LOVE SEMPRA ENERGY 101 ASH STREET, HC05B SAN DIEGO CA 92101-3017 DAVID LLOYD CABRILLO POWER 750 “6” STREET, SUITE 2740 SAN DIEGO CA 92101 2ND REDEVELOPMENT AREA PROJECT LABELS 2000 ERNIE SOCZKA CABRILLO POWER 750 “6” STREET SUITE 2740 SAN DIEGO CA 92101 FRANK URTASUN SAN DIEGO GAS & ELECTRIC 8330 CENTURY PARK CT CP 33~ SAN DIEGO CA 92123-1530 LOUIS TASCHNER ATORNEY AT LAW 1533 SO COAST HIGHWAY STE D OCEANSIDE CA 92054 CAROL ESTES MlRA COSTA COMMUNITY COLLEGE DISTRICT 1 BARNARD DRIVE MS 6 OCEANSIDE CA 92056 NOTICE PUBLIC HEARING ON PROPOSED SOUTH CARLSBAD COASTAL REDEVELOPMENT PLAN SCHEDULED FOR JUNE 20,2000 HAS BEEN CONTINUED TO: TUESDAY, JUNE 27,2000 AT 6:OOPM DATE: JUNE 9,2000 VIA CERTIFIED MAIL TO: AUDITOR-CONTROLLER, ASSESSOR, TAX COLLECTOR, CHIEF ADMINISTRATIVE OFFICER, AND CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO, AND STATE BOARD OF EQUALIZATION, AND ALL OTHER AFFECTED TAXING AGENCIES. On May 17*, the City of Carlsbad Housing and Redevelopment Commission sent out notices of a joint CommissiodCity Council public hearing on the proposed Redevelopment Plan for the South Carlsbad Coastal Redevelopment Project. Since sending these notices, two of the four eligible City Council members have notified staff that they will not be able to attend the public hearing originally scheduled for June 20* . Due to the lack of a quorum of eligible members, the City Council and Commission will be continuing the public hearing to Tuesday, June 27,2000 at 6:OO pm. The public hearing will be held in the City Council Chambers at City Hall, 1200 Carlsbad Village Drive. No public testimony will be taken on the original public hearing date, instead you may share your opinions on the proposed Redevelopment Plan on June 27*. We apologize for any confusion or inconvenience this rescheduling may cause. If you have any questions, or wish to consult with the Commission on the proposed Redevelopment Plan, please do not hesitate to call Debbie Fountain, Housing and Redevelopment Director, at (760) 434- 2815. Sincerely, CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION ymond Patchett Executive Director hlr. Walter F. Ekard 8 Chief Adminjstrative Officer County of San Diego I600 Pacific Highway, #209 . San Diego, CA 92 IO I Mr. Bill Kelly Chief Financial Officer/Auditor-Controller county of San Diego I600 Pacific Highway, #I 66 San Diego, CA 92 10 I Dr. Doug DeVore Superintendent Encinitas Union School District 10 1 S. Rancho Santa Fe Road Encinitas, CA 92024 Dr. Tim T. L. Dong, Ph.D. President Mira Costa Community College District 1 Barnard Drive Oceanside, CA 92056 Mr. Robert Wardwell Chief Financial Officer Tri-City Hospital District 4002 Vista Way Oceanside, CA 92056 Mr. Ronald Gastelurn General Manager Metropolitan Water District 7000 N. Alameda Street Los Angeles, CA 900 12 Mr. David J. lMartin TLY Area Services Secticn State Board of Equalizac%n 450 “N” Street, MIC 59 Sacramento, CA 94279 Mr. Thomas J. Pastuszka Clerk of the Board of Supervisors County of San Diego 1600 Pacific Highway, e02 San Diego, CA 92 10 1 Mr. William Berrier Superintendent San Dieguito Union High School District 7 IO Encinitas Boulevard Encinitas, CA 92024 Dr. Rudy Castruita, Ph.D. County Superintendent San Diego County Ofice of Education 640 1 Linda Vista Road San Diego, CA 92 1 1 1 Mr. Tim Jockern General Manager Leucadia County Water District 1960 La Costa Avenue Carlsbad, CA 92009 Mr. Gregory J. Smith AssessorlClerWRecorder County of San Diego 1600 Pacific Highway, # 103 San Diego, CA 92 10 I Mr. Bart Hartman Treasurerflax Collector County of San Diego 1600 Pacific Highway, #112 San Diego, CA 92 10 I Ms. Cheryl Ernst Superintendent Carlsbad Unified School District 80 1 Pine Avenue Carlsbad, CA 92008 Mr. Raymond Patchett City Manager City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Mr. Bob Greaney Deputy Chief of Staff Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 .... . ... , .. , ,. ... ...... ...... . 1 I. ,,~ .. .. ... ,1 .. ..... .:.. :. . ... r. I .. ,. 8 . . I. .. .- ,.. I .. .. ., . ... , . .’ ... I. PROOF OF PUBLICATION (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. 1 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, for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and San Diego County; 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: May 22, 29, Jw.~ 5, 12, 2000 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at sat* Marcos , California day 12th this Jne, 2000 of n - This space is for the County Clerk's Filing Stamp ECEJVED R ;rr D WfY OF CARLSBAD CITY CLERK'S OFFICE Proof of Publication of & Not ice of Jok& Public karkq NOTICE OF JOINT PUBLIC HEARING W THE PROPOSED REOWLLOPMENT PLAN FOR THE SOUTHCARLSBADCQASTAL REDEVELQPMENT PROJECT mce of the Ci he&. 1200 Carlsbad Wage Drlve cprlebad Housing and Commission 2965 RooseMt Street, Suite 6 c&Ubbad,cAem Carkbad, CA 92008 By order of tha city Council and the md Housing and Redevelopment Commission. Date: May 17,2000 Legal 67174. May 22,29, and June 5,12,200(3 NORTH COUNTY TIMES Legal Advertising CERTIFICATE OF MAILING CARLSBAD REDEVELOPMENT AGENCY SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT I, Debbie Fountain, whose business address is at 2965 Roosevelt Street, Suite B, Carlsbad, Ca. 92008, do hereby certify that a second notice of the joint public hearing between the Housing and Redevelopment Commission and the City Council regarding adoption of the South Carlsbad Coastal Redevelopment Project and related actions was mailed, via first class mail, to all property owners, residents, tenants and businesses within the Project Area, as shown on the attached list at the United States Post Office, in Carlsbad, California on June 12,2000. I certify under penalty of perjury that the foregoing is true and correct. Housing and Redevelopment Director City of Carlsbad NOTICE PUBLIC HEARING ON PROPOSED SOUTH CARLSBAD COASTAL, REDEVELOPMENT PLAN SCHEDULED FOR JUNE 20,2000 HAS BEEN CONTINUED TO: TUESDAY, JUNE 27,2000 AT 6:OOPM June 8,2000 Dear Resident, Property Owner, or Business Owner: On May 17"' , the City of Carlsbad Housing and Redevelopment Commission sent out notices of a joint Commission/City Council public hearing on the proposed Redevelopment Plan for the South Carlsbad Coastal Redevelopment Project. Since sending these notices, two of the four eligible City Council members have notified-staff that they will not be able to attend the joint public hearing originally scheduled for June 20"' . Due to the lack of a quorum of eligible members, the City Council and Commission will be continuing the public hearing to Tuesday, June 27,2000 at 6:OO pm. The public hearing will be held in the City Council Chambers at City Hall, 1200 Carlsbad Village Drive. No public testimony will be taken on the original public hearing date, instead you may share your opinions on the proposed Redevelopment Plan on June 27". For those of you attending our June lSt workshop, thank you for getting involved in the process. At the June 27"' public hearing, you will have an opportunity to share your support or concerns for the proposed Redevelopment Plan with members of the City Council and Commission. We apologize for any confusion or inconvenience this rescheduling may cause. If you have any questions, please do not hesitate to call Debbie Fountain, Housing and Redevelopment Director, at (760) 434-2815. Sincerely, CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION Raymond Patchett Executive Director MARK LEIDER . SEACREST KENNELS 7250 PONTO DRIVE. CARLSBAD CA 92009 JOANNE WILLIAMS PET GROOMING 7250 PONTO DRIVE CARLSBAD CA 92009 DALE SCHREIBER PONTO STORAGE INC. 7290 PONTO DRIVE CARLSBAD CA 92009 JAMES SHERLOCK STILLMAN HEATING & AIR COND 7200 PONTO DRIVE CARLSBAD CA 92009 PAUL & LINDA ADDISON ADDISON SHEET METAL 7238 PONTO DRIVE CARLSBAD CA 92009 MARCUS BASHORE BASHONRE CABINETS 7238 PONTO DRIVE CARLSBAD CA 92009 JERRY GRABEN GRABEN'S MIRROR RESILVEIRNG 7248 PONTO DRIVE CARLSBAD CA 92009 JOSE CORONADO HERNANDEZ UPHOLSTERY 7248 PONTO DRIVE CARLSBAD CA 92009 PAUL & LINDA ADDISON 11 75 SOLANA DRIVE DELMAR CA 92014 GREGORIO AND LUZ ALCARAZ 7244 PONTO DRIVE CARLSBAD CA 92009 CABRILLO POWER I LLC 1000 LOUISIANA STREET #5800 HOUSTON TX 77002 CANNON ROAD LLC 1745 ROCKY ROAD FULLERTON CA 92831 NANCl DElTMER 7258 PONTO DRIVE CARLSBAD CA 92009 CHAPPEE FAMILY TRUST B 654 N. COAST HIGHWAY 101 ENClNlTAS CA 92024 CITY OF CARLSBAD ATTN: RAYMOND R. PATCHETT 1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008 ESS REALTY 1050 W 5THAVENUE ESCONDIDO CA 92025 JOHN AND CARYL FISCHER 6630 SUNSET CIRCLE RIVERSIDE CA 92505 GRABEN FAMILY TRUST 6719 CAMINO DEL PRADO CARLSBAD CA 92009 MARK LElDER 461 MAWMAN AVENUE LAKE BLUFF IL 60044 MEHRAN MAZDYASNI 3335 LOWER RIDGE ROAD SAN DIEGO CA 92130 NORTH COUNTY TRANSIT DlST ATTN: MR. MARTIN MINKOFF 1810 MISSION AVENUE OCEANSIDE CA 92054 PALOMAR BEACH RESORTS LLC 829 2ND STREET #A ENClNlTAS CA 92024 PONTO STORAGE INC. PO BOX 23 CARLSBAD CA 92018 SAN DIEGO GAS AND ELECTRIC AlTN: MR. RICHARD FARMAN 101 ASH STREET SANDIEGO CA 92101 DALE AND DONNA SCHREIBER 7163 ARGONAUTA WAY CARLSBAD CA 92009 STATE OF CA LIF. PARKS & REC. ATTN: MR. RUSTYAREIAS PO BOX 942896 SACRAMENTO CA 942926 KENNETH AND SOPHIE WANG 4433 CONVOY STREET #I SAN DIEGO CA 92111 NEST DEVELOPMENT INC. '0 BOX 8617 WNCHO SANTA FE CA 92067 MORRIS YANEZ 7264 PONTO DRIVE CARLSBAD, CA 92009 GINA ULBRIGHT DYNEGY POWER GROUP 1000 LOUISIANA ST. STE 5800 HOUSTON TX 7702 TIMOTHY STRIPE .GRAND PACIFIC RESORTS 5900 PASTEUR COURT STE 200 CARLSBAD CA 92008 JEFF WOOLSON PRESIDENT, TERRAMAR ASSOC. PO BOX 860 CARLSBAD CA 92018-0860 RON ROUSE LUCE, FORWARD, HAMILTON & SCRIPPS 600 W BROADWAY STE. 2600 SAN DIEGO CA 92101 STAN MARKS NRG NORTH AMERICA 750 “B STREET SUITE 2740 SANDIEGO CA 92101 ERNIE SOCZKA CABRILLO POWER 750 “8” STREET SUITE 2740 SANDIEGO CA 92101 FRANK URTASUN SAN DIEGO GAS & ELECTRIC 8330 CENTURY PARK CT CP 33G SAN DIEGO CA 92123-1530 TIM HEMIG RUTH LOVE LOUIS TASCHNER CABRILLO POWER SEMPRA ENERGY ATTORNEY AT LAW 750 “B” STREET SUITE 2740 SAN DIEGO CA 92101 101 ASH STREET, HQ05B SAN DIEGO CA 92101-3017 OCEANSIDE CA 92054 1533 SO COAST HIGHWAY STE D MIKE HOWES HOFMAN PLANNING 5900 PASTEUR COURT STE 150 CARLSBAD CA 92008 KENNETH AND SOPHIE WANG 6188 CARDENO DRIVE LAJOLLA CA 92037 JIM ASHCRAFT 225 STEVENS AVE #201 SOLANA BEACH, CA. 92075 BILL KRESSIN 3981 SCOlT DRIVE CARLSBAD, CA. 92008 DAVID LLOYD CABRILLO POWER 750 “8” STREET, SUITE 2740 SANDIEGO CA 92101 2ND REDEVELOPMENT AREA PROJECT LABELS 2000 DENISE SANCHEZ P.O. BOX 231844 ENCINITAS, CA. 92023 MARY HANSEN 5283 SHORE DRIVE CARLSBAD, CA. 92008 CAROL ESTES MlRA COSTA COMMUNITY COLLEGE DISTRICT 1 BARNARD DRIVE MS 6 OCEANSIDE CA 92056 7238 PONTO DRIVE CARLSBAD, CA. 92009 PAUL & LINDA ADDISON THOS. BWARIE 5273 SHORE DRIVE CARLSBAD, CA. 92008 BOB SIEMER 5441 LOS ROBLES DRIVE CARLSBAD, CA. 92008 DEBORAH MORENO DIANA STANFILL J. WENDEL 526 SAN DlEGUlTO DRIVE 560 DEADWOOD DRIVE 7250 PONTO DRIVE ENCINITAS, CA. 92024 ESCONDIDO, CA. 92029 CARLSBAD, CA. 92009 :ANDY &JOHN MACDONALD PATSY HALE ELLEN MCCARTHY 5267 LOS ROBLES DRIVE 3155 HARDING STREET 3360 LINCOLN STREET =ARLSBAD, CA. 92008 CARLSBAD, CA. 92008 CARLSBAD, CA. 92008 vlARCIA STULTS ;I99 LOS ROBLES :ARLSBAD, CA. 92008 JIM WAGGAMAN 7204 PONTO DRIVE CARLSBAD, CA. 92009 FLOYD WAGGAMAN 7204 PONTO DRIVE CARLSBAD, CA. 92009 NORMA BEWARIE 5273 SHORE DRIVE CARLSBAD, CA. 92008 HOLLANDER FAMILY 8400 CARLSBAD BOULEVARD CARLSBAD, CA. 92008 ROBERT & DEBRA MELENDEZ 5520 EL ARBOL DRIVE CARLSBAD, CA. 92008 LAURA & ROBERT BROWN 51 17 EL ARBOL DRIVE CARLSBAD, CA. 92008 STEVEHARVEY LOT MANAGEMENT 7200 PONTO DRIVE, SUITE B CARLSBAD, CA. 92009 MARY & RICHARD JAMES 5249 LOS ROBLES DRIVE CARLSBAD, CA. 92008 BERKOWITZ FAMILY 5435 EL ARBOL DRIVE CARLSBAD, CA. 92008 DAN DENNIS 7250 PONTO DRIVE CARLSBAD, CA. 92009 BOB ZlSS 5100 LOS ROBLES DRIVE CARLSBAD, CA. 92008 AL & KYLE GELBART 5485 EL ARBOL DRIVE CARLSBAD, CA. 92008 EASLAND FAMILY 5120 LOS ROBLES CARLSBAD, CA. 92008 PATRICIA MEHAN 7437 MAGELLAN STREET CARLSBAD, CA. 92009 SHERMAN E. DEFOREST 7437 MAGELLAN CARLSBAD, CA. 92009 E .. LI (42 a 2 a PI E 0 M rub 00 ss ." -c c> a .I E: 0 ii 8 k 0 c 0 cd 0 r .d U 5 s Q-+ 0 a, cd a + e, 6 a, cd u 'D E: 0 i-' .M .I U 3 0 0 8 6 a, 3 3 .I 3 $ B c .4 !z 0 E .r( +-' cd CJI ..4 2 2 0 .r( + i P 0 a c (d -E 0 0 0 * L4 s E .d c 0 r e 6) 0 (d a LA 6) = > E 0 +-, z a 3 0 c d ..4 LA .* 0. .. LA +-, E 0 0 I bD W cc on .c .c. 2s M E .- E ir; Y s 0 .- - a 4 c-) C V m .- - a 3 M E P .- SOUTH CARLSBAD COASTAL REDEVELOPMENT PLAN CEQA FINDINGS OF FACT and STATEMENT OF OVERRZDING CONSIDERATIONS May 23,2000 1 South.Carlsbad Coasfal Redevelopment Plan Findings of Fact TABLE OF CONTENTS I . INTRODUCTION ............................................................................................................... 2 .................................................................................................. I1 . PROJECT DESCRIPTION 2 I11 . RECORD OF PROCEEDINGS ........................................................................................... 6 IV . V . TERMINOLOGY / THE PURPOSE OF FINDINGS UNDER CEQA .............................. 7 LEGAL EFFECT OF FINDINGS ....................................................................................... 8 VI . VI1 . VI11 . MITIGATION MONITORING PROGRAM ...................................................................... 9 PROJECT SIGNIFICANT IMPACTS AND MITIGATION MEASURES ....................... 9 CUMULATIVE SIGNIFICANT EFFECTS AND MITIGATION MEASURES ............ 16 IX . FEASIBILITY OF POTENTIAL PROJECT ALTERNATIVES ..................................... 22 X .. STATEMENT OF OVERRIDING CONSIDERATIONS ................................................. 29 South Carlsbad Cocstal Redevelopment Plan Findings of Fact BEFORE THE CARLSBAD HOUSING AND REDEVELOPMEAT COMMISSION RE: South Carlsbad Coastal Redevelopment Plan FINDINGS OF FACT I. INTRODUCTION The Carlsbad Housing and Redevelopment Commission (“Commission”) is considering adoption of the South Carlsbad Coastal Redevelopment Plan (“Project” or ”Plan”). A Program Environmental Impact Report (SCH No. 99101106) has been prepared to address the potential environmental effects of the Project. In addition to the proposed South Carlsbad Coastal Redevelopment Plan, the Final Program Environmental Impact Report (FEIR) evaluated a No Project Alternative, Alternative Financing Alternative, and a Change the Project Area Alternative. 11. PROJECT DESCRIPTION The redevelopment project area was selected by the Carlsbad Housing and Redevelopment Department based on existing blighted conditions within the Project Area. Existing blighted conditions are documented in the Preliminary Report and report to the City Council as well as in the EIR. The proposed South Carlsbad Coastal Redevelopment Plan would have a life of 45 years from the date of adoption. The Plan provides for the ability for the Commission to assemble property and outlines debt limits, financing criteria, and a list of public improvement projects the Commission may fund in conjunction with the City of Carlsbad. More detailed information on the various aspects of the Plan are discussed below. Life of the Plan - The Plan would be in existence for 45 years fi-om the date of adoption. The Plan is scheduled for adoption in July 2000. Therefore, the Plan would be in effect until the year 2045. Eminent Domain -The Plan includes the authority of the Commission to use eminent domain to acquire and assemble property within the project area. The Commission would have the authority to use eminent domain to acquire and assemble property during the first 12 years of the Plan. Should the Commission wish to continue to have the authority to use eminent domain after twelve years, the Plan would have to be amended to extend the authority to use eminent domain up to twelve additional years. Although the Plan provides the Commission with the 2 South Carlsbad Coastal Redevelopment Plan Findings of Fact authority to use eminent domain, the Commission plans on using other means to acquire and assemble propep, with eminent domain being used only as a last resort. Debt Limit -The Plan would allow the Department to incur additional debt throughout the life of the Plan. The amount of bond debt that can be outstanding at any particular time during the life of the Plan is $1 00 million. Public Improvement Projects - Provided below is a list of public improvement projects that are listed in the Plan that could, at the Commission’s discretion, be fimded should adequate revenue become available. While the Commission is not required to fund the projects listed, the Commission could fund all or a portion of the projects as revenue becomes available. The public improvement projects included in the Plan include: Drainage Facilities I. Construct Master Drainage Plan facility BAA. 2. Construct the extension of Master Drainage Plan facility CA. 3. Construct Master Drainage Plan facility DA. 4. Construct the replacement 12’ x 5’ reinforced concrete box culvert under southbound Carlsbad Boulevard at Encinas Creek. 5. Cannon Lake Water Quality Improvements-the existing lake bed will need major improvements to maintain and improve the water quality for this lake. Road Facilities 1. 2. Construct the realignment of Carlsbad Boulevard from Manzono Drive to Avenida Encinas to provide additional right-of-way for other potentia1 uses. Widen Carlsbad Boulevard from Cannon Road to Manzano Drive to meet the standards established for Carlsbad Boulevard by the City of Carlsbad Circulation Element. Construct improvements to Palomar Airport Road, including widening and a new bridge overcrossing the railroad tracks, from Avenida Encinas to Carlsbad Boulevard to meet the City of Carlsbad Circulation Element standards for this roadway section. Construct the Ponto Drive/Carlsbad Boulevard frontage roads along the east side of Carlsbad Boulevard adjacent to Lanakai mobile home park and adjacent to the development north of Avenida Encinas to meet City roadway standards such as curb and gutters, sidewalks, and street lights. Also construct the extension of Ponto Drive to City standards that is presently a private road. Construct the Poinsettia Lane bridge and Poinsettia Lane from Avenida Encinas to Carlsbad Boulevard in compliance with the City of Carlsbad Circulation Element. Construct the realignment of Carlsbad Boulevard. 3. 4. 5. 6. 3 South Carlsbad Cocxial Redevelopment Plan Findings of Fact Water Distribution Facilities 1. 2. 3. 4. 5. Construct the up sizing of approximately 560 feet of 6" water line in Avenida Exinas near Cannon Road to a 10" waterline. Replace approximately 2,500 feet of 10" water line along Carlsbad Boulevard north of Palomar Airport Road. Construct approximately 3,350 feet of 12" water line along Carlsbad Boulevard south of Palomar Airport Road. Construct approximately 2,500 feet of 10" water line along Carlsbad Boulevard south of Encinas Creek. Construct approximately 1,500 feet of 12" water line along Poinsettia Land from Avenida Encinas to Carlsbad Boulevard. Sewer Facilities 1. 2. 3. Construct the Vista Carlsbad Sewer trunk line and lift station from Agua Hedionda to the Encinas Treatment Plant. Construct the Avenida Encinas gravity sewer line extension to eliminate existing odor complaints. Construct the Poinsettia Lane sewer relocation improvements along Poinsettia Lane in conjunction with the Poinsettia Lane bridge widening project. Housing Programs .1 . Housing set-aside funds will be invested into affordable housing rehabilitation and development projects throughout the City. Project Objectives The objective of the South Carlsbad Coastal Redevelopment Plan is to remove blight and increase the economic viability of the project area. The proposed Plan would allow the Commission to work with the City of Carlsbad to accomplish this objective by: 1) assisting the City in constructing some or all of the public improvement projects listed in the Plan to benefit the project area and the City; and 2) providing a variety of funding sources for use by the Cornmission to allow the Commission the option to fund projects which can reduce or eliminate blight, provide additional low and moderate income housing and improve the economic viability of the project area. The major goals of the South Carlsbad Coastal Redevelopment Plan are to: eliminate physical blight; create new employment opportunities; improve recreational facilities; mitigate environmental impacts of the Encinas power plant; encourage uniform and consistent land use 4 South Carisbad Coastal Redevelopment Plan Findings of Fact patterns; encourage private commercial/residential rehabilitation; and encourage development and capital investment. The tools of the Plan, including the use of tau increment revenue to assist the private sector and iisting public improvement projects, can be used by the Commission to meet the goals of the Plan. Specifically, the Plan is intended to achieve the following goals: Eliminate blight and environmental deficiencies in the Project Area. Assemble land into parcels suitable for modern, integrated development with improved pedestrian and vehicular circulation in the Project Area. Replan, redesign, and develop properties which are stagnant or improperly utilized. Increase, improve, and preserve the c~mmunity’~ supply of housing affordable to -very low, low, and moderate income households. Develop new beach and coastal recreational opportunities. Facilitate the redevelopment of the Encina power generating facility to a smaller, more efficient power generating plant. Redevelopment of the Encina power generating plant may result in a plant smaller in physical size, but no decrease in power is proposed. Fund the Carlsbad Boulevard realignment which will yield excess property that could facilitate expansion of the Carlsbad State Beach campgrounds and other recreational . facilities. Retain as many existing businesses as possible by means of redevelopment and rehabilitation activities. Enhance commercial and recreational functions in the Project Area. Strengthen the economic base of the Project Area and the community by the installation of needed on- and off-site improvements to stimulate new commercial/industrial expansion, employment, and economic growth. Increase parking and open space amenities. Implement performance criteria to assure quality site design environmental standards to provide unity and integrity to the entire Project Area development. 5 South Carlsbad Cocrstal Redevelopment Plan Findings of Fact Intended Uses of the EIR The intended use of the Program EIR is threefold: 1. The proposed Redevelopment Plan meets the definition of “Project” according to the CEQA Guidelines $15180 and Public Resources Code $21090. After further environmental review it was determined that adoption and implementation of the Plan could has-e significant effects on the environment and an EIR would be prepared. This’ Program EIR meets the CEQA Guidelines requirements for the preparation of an EIR for this project as stated in Section 15 180. 2. The Program EIR meets the requirement of the Health and Safety Code $33352 (k) whereby the Program EIR for the Redevelopment Plan is included as part of the report to the legislative body and describes the existing environmental conditions in the project area, assesses the potential environmental impacts that may be associated with the adoption and implementation of the proposed Redevelopment Plan and recommends mitigation measures when required to mitigate potential significant impacts. 3. The Program EIR would be referenced in the future should the Commission utilize eminent domain to acquire property within the project area or fund the construction of public improvement projects. While the Program EIR for the Redevelopment Plan need only be as specific as the Plan itself, the adequacy of the coverage of the Program EIR as to future public and private development activities and acquisition of property by eminent domain would determine the extent to which those future development activities may require further environmental assessment. According to CEQA Guidelines $1 5 18O(a), no subsequent EIR’s are required for individual components of a Redevelopment Plan unless a subsequent EIR or supplement to an EIR will be required by $15162 or $15163 of the CEQA Guidelines. Additional environmental review would be conducted by the City of Carlsbad in compliance with CEQA in conjunction with all future Commission sponsored/assisted development projects andor acquisitions of property for development utilizing eminent domain. When required by CEQA, subsequent environmental documentation would be prepared by the City of Carlsbad accordingly for each project. 111. RECORD OF PROCEEDINGS For the purpose of CEQA and the findings set forth below, the administrative record of the Carlsbad Housing and Redevelopment Commission decision on the environmental analysis of this Project shall consist of the following: The February 2000 Draft Program Environmental Impact Report (DEIR) and the May 2000 FEIR for the Project, including appendices; 6 1 South Carlsbad Coatal Redevelopment Plan Findings of Fact AI1 reports, memoranda, maps, letters and other planning documents prepared by the environmental consultant and City of Carlsbad that are before the decision makers as determined by the City Clerk; All documents submitted by members of the public and public agencies in connection with the EIR on the Project; Minutes of all workshops, public meetings and public hearings held by the City of Carlsbad and Carlsbad Housing and Redevelopment Commission; Any documentory or other evidence submitted at workshops, public meetings and public hearings; and Matters of common knowledge to the City of Carlsbad and Carlsbad Housing and Redevelopment Commission which they consider, including but not limited to, the following: ’ Carlsbad General Plan Carlsbad Zoning Ordinance Local Coastal Program The Commission has received six comment letters on the February 2000 DEIR. Those comments set forth in the May 2000 FEIR together with the responses thereto. In addition, certain of the comments have been addressed in redlinektrikeout revisions to the text of the DEIR. The Commission has considered all the comments to the DEIR and has addressed those comments adequately and properly in accordance with CEQA. The Commission’s responses represent a good faith and reasonable analysis, supported by factual information in the record. The Commission’s responses to the comments are proper and as required under CEQA. IV. TERMINOLOGY / THE PURPOSE OF FINDINGS UNDER CEQA Section 15092 of the State 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 “[c]hanges or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR.” (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 FEIR.” South Carkbad Cccsfal Redevelopment Plan Findings of Fact Regarding the frst of the three potentia1 findings, The State CEQA Guidelines do not define the difference behvcen “avoiding” a significant environmental effect and merely “substantially lessening” such XI effect. The meaning of these terms, therefore, must be gleaned from other context in which they are used. Public Resources Code Section 21081, on which CEQA Guidelines Section 1509 1 is based, uses the term “mitigate” rather than “substantially lessen.” The State 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 a project with significant environmental e2ects where there are feasible mitigation measures or alternatives that could “avoid or substantially lessen” such significant effects. For the 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-significant level. In contrast, the term “substantially less” shall refer to the ability of such measures to substantially reduce the severiry of a significant effect, but not to reduce the effect to a level of insignificance. Although State CEQA Guidelines Section 1509 1 requires that only approving agencies specify that a particular significant effect is “avoid[ed] or substantially less[ed],” these findings, for purposes of clarity, will specify whether the effectin question has been fully avoided (and thus reduced to a level of insignificance) or has been substantially lessened (and thus remains significant). The purpose of these findings is to systematically restate the significant effects of the project on the environment identified in the FEIR, and to determine the feasibility of mitigation measures and project alternatives identified in the FEIR which would avoid or substantially lessen those significant effects. Once the Commission has adopted sufficient mitigation measures to avoid a significant impact, the Commission does not need to adopt every mitigation measure brought to its attention or identified in the FEIR. It is the policy of the State of California and the Carlsbad Housing and Redevelopment Commission to not approve a project if there are available feasible mitigation measures or project alternatives that would subst‘antially 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 Comniission approve a project in spite of its significant effects. Another purpose of these findings is to bring focus on project alternatives in the ultimate decision-makers’ decision whether to approve or disapprove the project. If, after application of all feasible mitigation measures to the project, significant impacts remain, project alternatives in the FEIR 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 decision-makers conclude any such project alternatives are infeasible (see further discussion in Feasibility of Alternatives section). Soulli Carlsbad Coatal Redeveloptilent Plan Findings of Fact V. LEGAL EFFECT OF FINDINGS To the extent that these findings conclude that proposed mitigation measures outlined in the FEIR are feasible and have not been modified, superceded or withdrawn, the Carlsbad Housing and Redevelopment Commission (“Commission” or “decision makers”) hereby binds itself and my other responsibIe parties to implement those measures. These findings, in other words, are not merely informational or hortatory, but constitute a binding set of obligation that will come into effect when the Commission adopts the resolution(s) approving the project. The adopted mitigation measures are express conditions of approval. Other requirements are referenced in the mitigation monitoring program adopted concurrently with these findings, and will be effectuated through the process of implementing the project. VI. MITIGATION MONITORING PROGRAM As required by Public Resources Code Section 21081.6, the Carlsbad Housing and Redevelopment Commission, in adopting these findings, also adopts a mitigation monitoring and reporting program as prepared by the environmental consultant under the direction of the Commission. The program is designed to ensure that during project implementation, the Commission and other responsible parties comply with the feasible mitigation measures identified below. The program is described in the document entitled “South Carlsbad Coastal Redevelopment Plan Mitigation Monitoring and Reporting Program.” VII. PROJECT SIGNIFICANT IMPACTS AND MITIGATION MEASURES The following summary briefly describes impacts determined to be insignificant in the preparation of the EIR. Land UseRlanning While the Plan does not propose development directly, the adoption and implementation of the Plan would indirectly encourage redevelopment within the Project Area. The Plan incorporates by reference the City of Carlsbad General Plan. Therefore, future development must be in compliance with the City of Carlsbad General Plan Land Use Element as amended from time to time throughout the life of the Plan. The Plan would not have any significant land use impacts. The Plan would have positive land use impacts if the Commission can remove and eliminate existing blighted conditions within the Project Area. GeoIogy/Soils The adoption and implementation of the Plan would not have any direct geology or soils impacts since the Plan does not directly propose any development. Indirectly the Plan is anticipated to South Carlsbad Cocstal Redevelopment Plan Findings of Fact encourage redevelopment of existing buildings andor new development. The adoption and implementation of the Plan would not expose people or property to any new or additional geotechnical constraints that are not present and would occur under existing conditions. HydrologyNater Quality The adoption and implementation of the Plan would not directly increase the amount of runoff generated within the project area, change existing drainage patterns or impact water quality since no development is directly proposed by the Plan. Indirectly the Plan would encourage development which could increase runoff, change drainage patterns and affect water quality. New development would have to meet and comply with all applicable city and state policies regarding runoff and the quality of runoff. The adoption and implementation of the Plan would have positive impacts on hydrology and drainage if the Commission can assist the City of Carlsbad to construct the storm drain improvements listed in the Plan. The following mitigation measures are recommended to reduce indirect hydrology impacts associated with - new development to a level of insignificance: 4.3.1 AI1 development projects as determined by the City of Carlsbad Public Works Department shall prepare a preliminav hydrology study to determine whether or not the existing storm drain system serving the project area has capacity to handle the runofji-om the site. 4.3.2 All projects shall comply with all applicable NPDES requirements and when necessary incorporate all applicable surface water pollution control measures to reduce or eliminate urban pollutants from entering local surface waters. There will be no unavoidable adverse hydrology/drainage or water quality impacts with incorporation of the recommended mitigation measures. TransportationlTraffic The adoption and implementation of the Plan would not directly generate traffic to area roadways and as a result would not have any traffic impacts. Traffic would be generated indirectly by the Plan due to new development that is anticipated to occur in the project area. Future development of private projects with financial assistance by the Commission would generate the same amount of traffic whether projects are developed with or without financial assistance by the Commission. The Plan would have positive impacts if the Commission is able to assist the City of Carlsbad with the construction of the street improvement projects listed in the Plan. South Carlsbad Cocstal Redevelopment Plan Findings of Facf Aesthetics The adoption and implementation of the Plan would not directly result in any new construction or development that would have aesthetic impacts. Indirectly, however, the Plan would encourage redevelopment within the project area that could have aesthetic impacts. . Short-term aesthetic construction impacts could occur during construction of public improvement projects. The incorporation of city adopted design guidelines into private development projects would reduce aesthetic impacts to a level of insignificance. Development must adhere to applicable policies in the Agua Hedionda and Mello I1 Local Coastal Programs relating to scenic and visual resources. Overall, implementation of the Plan is anticipated to result in positive aesthetic impacts within the Project Area as redevelopment activities remove physical blighting conditions and upgrade the character of deteriorated or obsolete structures. The following measure is recommended to mitigate potential short-term aesthetic construction impacts: 4.5. I For any roadway construction project anticipated to last two months or more, one of the following alternative measures shall be implemented by the City to reduce aesthetic impacts to a minimum: - Construction equipment staging areas shall either be screenedpom public view; or - Construction equipment staging areas shall be located in an area away fiom direct public view. With the implementation of the recommended mitigation measure, aesthetic impactswil . be reduced to a less than significant level. Noise The adoption and implementation of the Plan would not directly generate noise, therefore, the Plan would not have any noise impacts. Indirectly the Plan is anticipated to encourage development within the project area resulting in both short and long-term noise impacts. Compliance with the City’s Noise Ordinance would reduce potential noise impacts to a level of insignificance. Air Quality The adoption and implementation of the Plan would not directly have any air quality impacts because the Plan does not propose development that would generate air emissions. Indirectly, the Plan may facilitate the redevelopment of the Encina power generating facility to a smaller, more efficient power generating plant. However, the Plan is anticipated to indirectly encourage redevelopment of existing buildings or demolition of existing buildings and construction of new buildings in their place resulting in both short and long-term air emissions. The San Diego Findings of Fact sodl Cadsbad Cocstal Redevelopment Pian County Air Pollution Control District is non-attainment for ozone. Additional air emissions would significanrly impact the District since it is non-attainment for ozone. The following mitigation measure is recommended to reduce air emissions. While the following measure would serve to reduce air emissions typically associated with development, the measure is not all inclusive. As new air emission reduction measures are identified in the future, the City shall incorporate those air emission reduction measures into projects to further reduce air emissions. However, the following measure would serve to reduce air emissions as practical that are associated with most projects anticipated to be developed in the project area: 4.7. I The City of Carlsbad shall incorporate all applicable air emission reduction measures listed in the March 1994 Final Master EIR for the City of Carlsbad General Plan Update into all Commission assistedprojects. In addition, the City shall incorporate new air emission reduction measures in the future as appIicabIe to fi-rther reduce air emissions during both the short and long-term. There would be significant air quality impacts indirectly associated with adoption and implementation of the Plan even with incorporation of the recommended mitigation measure. Indirect air quality impacts associated with the project are an unavoidable, significant impact. A “Statement of Overriding Considerations” must be adopted if the decision-makers determine to approve the South Carlsbad Coastal Redevelopment Plan. Public Services/UtiIities/Service Systems Water Service The adoption and implementation of the Plan would not have any direct water service impacts because the PlCm does not propose development that would consume or need water. Indirectly, however, the Plan would encourage redevelopment of existing buildings, demolition of existing buildings and construction of new buildings that would require water. New development would have to comply with the City’s Growth Management Ordinance, requiring an adequate water supply prior to project approval. The Plan would have positive impacts to the Carlsbad Municipal Water District if the Commission is able to assist the District in constructing the water facility improvement projects listed in the Plan. Since no significant water supply impacts have been identified, no mitigation measures are recommended. There are no significant water supply impacts with adoption and implementation of the Plan. 12 South Carlsbad Cocsral Redevelopment Plan Findings of Fact Police Senice The adopfon and implementation of the Plan would not impact police services because the Plan does not propose any development or construction. Indirectly, the Plan would encourage redevelopment of existing buildings and/or demolition of existing buildings and conscvction of new buildings in their place. Development would incrementally increase <?e demand for police protection services. However, no significant police protection impacts are anticipated. Since adoption of the Plan would not have any significant police protection impacts, no mitigation measures are recommended. There are no significant adverse police protection impacts with adoption and implementation of the Plan. Fire Protection The adoption and implementation of the Plan would not directly have any fire protection impacts because the Plan does not propose any new development or construction. Indirectly the Plan would encourage redevelopment of existing blighted buildings and/or demolition of existing buildings and conslzuction of new buildings in their place. While new development would incrementally increase calls for fue protection no significant fire protection impacts are anticipated. Since no significant fire protection impacts have been identified, no mitigation measures are recommended. There would be no significant adverse fire protection impacts with adoption and implementation of the Plan. School Facilities The adoption and implementation of the Plan would not have any impacts on school facilities since the Plan does not directly propose any development that would generate new students to area schools. Indirectly the Plan would encourage development which could generate students to the Carlsbad Unified School District and use the services of the San Diego Office of Education. Residential and commercial development in the project area would be required to pay developer fees to the Carlsbad Unified School District to mitigate potential student impacts. The potential impacts of future residential projects cannot be quantified at this time. With the implementation of the following mitigation measures, potential public service impacts wiil be reduced to a less than significant level. 4.8. I Prior to development of any site speclJic development project, an Initial Study shall be conducted per the provisions of Section I5063 of the CEQA Guidelines. Per the provision of Section 15162 of the Guidelines, the baseline data for the 13 Sourh CarIsbad Cocsral Redevdootnent Plan Findings of Fact Initial Study shall be the South Carlsbad Coastal Plan Program EIR. A detailed checklist analysis shall be conducted, with particular attenrion to the following: - .A detailed evaluation of the proposedproject 's impacts qon existing and future City fac il ities, including pub 1 ic sen ices. 4.8.2 Prior to City approval of each residential development project in the Project Area, the City shall submit the proposed residential de7;elopment proposal for review by the Carlsbad UniJed School District. The CUSD shall evaluate the proposal for direct and cumulative school impacts. TT'e City shall consider recommendations of the CUSD in its decisions. 4.8.3 Prior to issuance of building permits, development projects within the Project Area shall pay school impact fees pursuant to Education Code Section 17620, et seq. Wastewater Service The adoption and implementation of the Plan would not directly have any wastewater service impacts because the Plan does not propose development. However, the Plan is anticipated to indirectly encourage new development that would generate wastewater. While existing wastewater collection facilities serving the project area have capacity for additional development several upgrades to existing facilities are needed. Financial assistance by the Commission to construct the sewer facility improvement projects listed in the Plan would have positive impacts on wastewater service in the City of Carlsbad. Since no significant wastewater service impacts have been identified, no mitigation measures are recommended. There would not be any significant wastewater collection and treatment impacts with adoption and implementation of the Plan. Hazards and Hazardous Materials The adoption and implementation of the Plan would not have any hazard or hazardous materials impacts because the Plan does not directly propose development. Indirectly, however, the Plan would encourage development in the project area. There are no land uses allowed in the project area by the Land Use Element of the General Plan that would generate hazardous materials or expose people to hazardous materials. No uses anticipated to be developed in the project area would interfere with any emergency response plans or evacuation plans, including the Encina power plant. With implementation of the following mitigation measure, potential hazard and hazardous materials impacts will be reduced to a less than significant level. 14 South Carhbad Cocsial Redeveloornent Plan Findinas of Facr 4.9.1 Prior to development of any site spec@ development project, an Initial Study skdl be conducted per the provisions of Section 15063 of the CEQA Guidelines, Pir the provision of Section 15162 of the Guidelines, the baseline data for the lt-?j.$al Study shall be the South Carlsbad Coastal Plan Program EIR. A detailed ckeckfist analysis shall be conducted, with particular attention to the following: - .-I detailed evaluation for the presence of any abandoned rvells. Diligent efforts shall be made to avoid land uses over plugged and abandoned wells. Population and Housing The adoption and implementation of the Plan would not directly have any population and housing impacts because the Plan does not include any development. Indirectly, the Plan is anticipated to eccourage redevelopment of the project area which could remove existing residences and businesses and construction of new residential units andor commercial uses.- The Commission has adopted a relocation plan as required by the California Relocation Assistance Act to assist dispIaced residents and business owners due to implementation of the Plan. The Plan would require the Commission to set aside at least 20% of the tax increment collected from the project area for increasing, improving or maintaining low and moderate income housing. Adoption of the Plan would allow the Commission to provide increased funding for low and moderate income housing. Since the City has not met its low and moderate income requirement the Plan could be a positive impact by providing additional funding to help the City meet its low and moderate housing requirement. Future development in the project area is not anticipated to have any significant housing or population impacts because development in the project areas must be consistent with the City’s General Plan. Recreation The adoption and implementation of the Plan would not directly have any recreation impacts because the Plan does not propose any development. The Plan is anticipated to encourage development in the project area which could increase the demand for recreational facilities. All residential development would be required to pay Quimby fees andor dedicate land to off-set impacts due to increased demand for recreational facilities. Biological Resources The adoption and implementation of the Plan would not have any biological impacts because the Plan does not directly propose development. Indirectly, however, the Plan would encourage development in the project area, both private and public, that could impact biological resources either in or adjacent to the project area. The following mitigation measure is recommended to reduce potential biological resource impacts. 15 Soirth Carlsbad Cocsral Redevelopment Plan Findings of Fact 4.12. I The City of Carlsbad Planning Department shall submit proposed improvement pifins for Carlsbad Boulevard and Cannon Lake Water Quality Improvements to C-.S, Fish B PVildlfe Service, US. Army Corps of Engineers and California Department of Fish and Game prior to start of construction to determine whether or not any permits fiom the respective resource agencies are required. The City shall obtain all necessary permits j?om the resource agency 's prior to the, start of construction. 4.12. I The City of Carlsbad Planning Department shall submit proposed improvement plans for Carlsbad Boulevard and Cannon Lake Water Quality Improvements to US. Fish B Wildlife Service, US. Army Corps of Engineers and California Department of Fish and Game prior to start of construction to determine whether or not any permits fi-om the resource agencies are required. The City shall obtain all necessary permits Porn the resource agencies prior to the start of construction. There would not be any unavoidable adverse biological resource impacts with adoption and implementation of the Plan. Cultural Resources The adoption and implementation of the Plan would not have any cultural resource impacts because the Plan does not directly propose development. Indirectly, however, the Plan would encourage development in the project area that could impact paleontological, cultural and/or historical resources. The following mitigation measures have been brought forward from the implementing policies and action programs of the Open Space and Conservation Element of the General Plan and are recommended: 4.13.1 Incorporate the Cultural Resources Guidelines in the environmental review of all public and private development projects assisted by the Commission. 4.13.2 Implement the following measures associated with grading and construction of site suspected of containing paleontological resources: Phase I: Phase I shall consist of a qualified paleontologist doing a literature and records search, surface study, subsurface testing $necessary, the recordation of any sites, and a recommendation regarding the need for ftrrther work. Phase 2: If it is determined during Phase I that further work is necessary, it shall consist of the following: a. A quaIlJied paleontological monitor shall be present at a pre grading conference with the developer, grading contractor, and South Carlsbad Cocital Redevelopment Plan Findings ofFact the environmental review coordinator. The purpose of this meeting would be to consult and cooriinate the role of the paleontologist in the grading of the site. A qualijiedpaleontologist is an individual with adequate knowledge and experience with fossilized remains likely to be present to identifi them in the field and is adequately experienced to remove the resources for further study. No grading permits shall be issued until the monitoring plan has been approved by the Planning Director. b. A paleontologist or designate shall be present during those relative phases of grading as determined at the pre grading conference. The monitor shall have the author@ to temporarily direct, divert or halt grading to allow recovery of fossil remains. At the discretion of the monitor, recovery may include washing and picking of soil samples for micro-vertebrate bone and teeth.. The developer shall authorize the deposit of any resources found on the project site in an institution staffed by qualij?ed paleontologists as may be determined by the Planning Director. The contractor shall be aware of the random nature of fossil occurrences and the possibility of a discovery of such scientij7c andor educational importance which might warrant a long term salvage operation or preservation. Any conjicts regarding the role of the paleontologist andor recovery times shall be resolved by the Planning Director. 4.13.3 Phase 3: Prior to occupancy of any buildings a paleontological monitoring report shall be submitted to the Planning Director and the Carlsbad Historic Preservation Commission. This report shall describe all the materials recovered and provide a tabulation of the number of hours spent by paleontological monitors on the site. With implementation of the recommended mitigation measures, potentially significant cultural resources impacts will be reduced to a less than significant level. VIII. CUMULATIVE SIGNIFICANT EFFECTS AND MITIGATION MEASURES Consistent with 9 15 130(a) of the CEQA Guidelines, cumulative project impacts are discussed and evaluated in Section 5.0 (Cumulative Impacts) of the FEIR. Sorilh Carlsbad Cocsral Redevelopment Plan Findings of Fact Land Use The development of the cumulative projects would increase the amount of residential and commercial development in the City. Along with increased development there would be associated land use impacts such as increased traffic, noise, air emissions, aesthetics, and demand for public services and utilities. Based on the amount of cumulative development proposed some environmental disciplines would be impacted. The City of Carlsbad has several programs/documents that future development would have to comply with depending upon the location of the project. Some of the programsldocuments include the general plan land use element, zoning ordinance, local coastal plans, Growth Management Plan, Beach Overlay Zone, and Airport Master Plan. Conformance of future development with these and other applicable plans would reduce potential land use impacts to a less than si,onificant level. Geology/Soils The cumulative geology/soils impacts could be significant based on a review of existing geotechnical information on file with the City. Many areas of the City are subject to several soils and geotechnical constraints including liquefaction, landslides, lurching, subsidence, etc. As cumulative development continues in the city more people and property would be exposed to the soils and geotechnical constraints resulting in cumulative geology/soils impacts. As the City requires the incorporation of measures into all projects to mitigate or correct significant soil or geotechnical constraints that would be associated with future projects, potential cumulative geology/soils impacts are less than significant. Hydrology/Water Quality Increased surface water runoff and changes to existing drainage patterns would occur with cumulative project construction. The development of vacant open space would not only increase the amount of runoff due to a reduction of permeable open space for water percolation, but existing drainage patterns would also change as a result of grading for building pads, roads, etc. An increase in surface water runoff would impact existing storm drain collection facilities. Since some existing city storm drain facilities are currently inadequate to handle existing surface flow additional surface water due to cumulative projects would significantly impact those facilities currently undersized. As a result, new or upgraded storm drain facilities may be required to adequately handle the additional surface water runoff. Soil erosion would occur during construction of the cumulative projects. Although Storm Water Pollution and Prevention Plans (SWPPP) provide erosion reduction and protection measures some soil erosion would still occur. Increased soil erosion due to wind and water erosion would South Carlsbad Cocstal Redevelopment Plan Findings of Fact impact the quality of surface water runoff from project sites during project grading and construction and could be significant depending the efficiency of the erosion prevention measures. Surface water quality impacts would also occur once projects are completed due to typical urban pollutants including fertilizers, pesticides, herbicides, petroleum based products from automobiles, etc. An increase in residential and other urban land uses would increase the amount of these pollutants entering the storm drain system and surface waters having a cumulative impact on water quality. Projects are required to incorporate measures to reduce and minimize pollutants during both project construction and throughout the life of projects. Through compliance with NPDES and Growth Management Plan requirements, potential cumulative hydrology/water quality impacts will be reduced to a less than significant level. Transportation/Traffic Increased traffic due to cumulative project development would significantly impact the existing transportation and circulation system. The City has several roadways and intersections that currently operate at unacceptable levels of service &OS D and E) that could be further impacted with additional development. In addition, intersections and streets that may not currently operate at unacceptable levels of service could experience an increase in traffic that could result in an unacceptable level of service. Whde traffic improvements can typically be provided to increase the capacity to an acceptable level, some intersections or roadways may be at their maximum capacity with no room physically for improvements. Therefore, some roads or intersections could be significantly impacted and required to operate at unacceptable levels of service. Based on existing traffic volume data for City roadways, it is anticipated that cumulativeprojects would significantly impact some roadways in the City. No mitigation measures beyond those included in each project approval are required to reduce cumulative impacts to a less than significant level. Aesthetics Additional development in the City, particularly in the hillside areas, would result in significant cumulative aesthetic impacts. Development of the hillside areas in the city that are present vacant would be visible throughout the community resulting in significant aesthetic impacts. Residents closest to the hillsides would be more impacted by hillside development than residents located further away. The aesthetic impact of developing hillsides would vary depending upon the distance residents are from the hillside area. Additional development throughout the City would reduce open space resulting in cumulative impacts. While open space associated with lagoons, parks, sensitive environmental and biological areas, etc. would be provided throughout the City, the development of cumulative South Carlsbad Cocstai Redevelopment Plan Findings of Fact projects could reduce the positive benefits of the existifig amount of open space in the community. No mitigation measures beyond those included in each project approval are required to reduce cumulative impacts to a less than significant level. Noise Cumulative project development would result in both short- and long-term noise level impacts. Short-term noise levels would increase during project grading and construction. If there are noise sensitive land uses adjacent to or in the immediate vicinity of a project they could be impacted by construction activity. Cumulative projects would also result in long-term noise impacts. The largest single contributor to noise in the City is vehicular traffic. Additional cumulative development would incrementally increase traffic noise levels along roadways in the city. While existing noise levels along some roadways are not significant, the development of cumulative projects could significantly increase noise levels along some of the larger roadways such as arterials. If noise sensitive land uses such as residential exist adjacent to those roadways the increase in noise levels could significant impact the residents. Cumulative traffic would increase the ambient noise levels throughout the city as a whole which could increase to high levels in the more urbanized area of the community. Each development project is required to adhere to the Carlsbad noise ordinance. No mitigation measures beyond those included in each project approval are required to reduce cumulative impacts to a less than significant level. Air Quality An increase in cumdative traffic would also increase air emissions. Motor vehicles are the single largest generator of air emissions in the city. As traffic levels increase air emissions also increase with subsequent impacts on air quality. The SDAPCD is non-attainment basin for ozone. Additional air emissions due to increased traffic would have significant impacts regarding ozone. Measures to reduce air emissions are incorporated into projects when feasible. However, air emissions would sti!l occur and further impact air quality. Cumulative development would have a significant impact on air quality due to an increase in motor vehicle trips and associated air emissions because the district is a non-attainment basin for ozone. Cumulative air quality impacts are anticipated to remain significant and unavoidable. Pursuant to Section 15091(a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will avoid the significant environmental impacts 20 South Carlsbad Cocrstal Redevelopment Plan Findings of Fact as identified in the FEIR. The cumulative impacts are anticipated to remain significant. Pursuant to Section 15091(a)(3) of the State CEQA Guidelines, there are not feasible measures that would mitigate the impact below a level of significance. As described in the Statement of Overriding Considerations, the Commission has determined that this impact is acceptable because of specific overriding considerations. To lessen or minimize impacts on air quality, the following mitigation measure is included in the FEIR: The City of Carlsbad shall incorporate all applicable air emission reduction measures listed in the March 1994 Final Master EIR for the City of Carlsbad General Plan Update into all Commission assisted projects. In addition, the City shalI incorporate new air emission reduction measures in the future as applicable to further reduce air emissions during both the short- and long-term. 4.7.1 Cumulative air quality impacts on a City-wide basis are an unavoidable, significant impact. A “Statement of Overriding Considerations” must be adopted if the decision-makers determine to approve the South Carlsbad Coastal Redevelopment Plan. Public Services Additional development would increase the demand on public services including police protection, fire protection, water supply, wastewater treatment, schools, etc. Cumulative project development could significantly impact some or all of these services depending upon the ability of the respective departments to meet the increased demand. The City has a Growth Management Plan that requires adequate public services exist before projects can be developed. As a result, the Growth Management Plan mitigates significant public service impacts. Although the Growth Management Plan assures that adequate public services are available for new development the city eventually has to hire additional personnel and/or purchase additional equipment to meet increased service demands. The development of cumulative projects would contribute to cumulative impacts which eventually require the City to improve City services and expand the wastewater treatment plant, drill new water wells, etc. Adherence to the Growth Management Plan reduces potentially significant public service cumulative impacts to a less than significant level. Hazards and Hazardous Materials Cumulative development of vacant parcels of land that have not been developed in the past is not anticipated to have significant cumulative hazardous impacts. Development of in-fill parcels that were developed in the past could expose people to hazardous materials depending the previous use on the site and whether or not hazardous materials used on the property were released or spilled. Development projects are evaluated on a case-by-case basis for the presence and use of hazardous materials. 21 South Carlsbad Cocslai Redevelopment Plan Findings of Fact No mitigation measures beyond those included in each project approval are required to reduce cumulative impacts to a less than significant level. Population and Housing Cumulative residential development would increase the City’s population and housing stock, The development of cumulative projects consistent with the City’s general plan land use element would not change or impact future population or housing estimates since future estimates are determined based on build-out of the General plan land use element. But cumulative project development could result in the City reaching fkture population and housing projections sooner than anticipated. However, as all potential redevelopment projects pursued under the Plan must be consistent with the City’s general plan, potential population and housing cumulative impacts will be less than significant. Recreation The development of cumulative projects would increase the demand on existing park and recreational facilities in the City including City parks and the State beach. Increased use of existing facilities increases maintenance of the facilities to keep them in good repair. Additional development also increases demand for new or additional facilities such as youth sports fields, passive as well as active facilities, etc. If new and expanded facilities are not provided in a timely manner the use of existing facilities can be significantly impacted resulting in secondary impacts such as vehicle traffic congestion in the vicinity of existing facilities, increased maintaance and replacement of equipment, etc. Since the City requires the payment of Quimby Act feks for the development of residential homes, the City would have additional sources or revenue to provide additional recreational facilities to meet the increased demand. Requirement of payment of impact fees will reduce potential cumulative recreation impacts to a less than significant level. Biological Resources The cumulative development of existing vacant open space in the community would incrementally impact biological resources by removing vegetation and habitat that supports wildlife. The cumulative impact could be significant if development removes significant quantities of important and biologically habitat. The Habitat Management Plan for Natural Communities in the City of Carlsbad will protect and preserve habitat in the community that is deemed to be important and significant. The preservation of the areas in the City designated for preservation by the Habitat Management Plan for Natural Communities in the City of Carlsbad would have positive biological resource impacts. The preservation of biological resources determined to be important for both the City and the biological community would reduce cumulative impacts to biological resources to a less than significant level. 22 South Cadsbad Coastal Redevelopment Plan Findings of Fact Cultural Resources There are a number of paleontological, cultural and historical resources in the city that could be significantly impacted due to increased development. Due to its location near the ocean, the City has deposits that ae potentially significant fossil areas. There are also significant archaeological resources present in the community. associated with cumulative project development have the potential to significantly impact these resources. Although the City has measures to protect these resources when discovered, impacts to these resources can OCC;~ nonetheless. Due to the large number of cumulative projects that exist in the City, the potential impacts can be significant. Grading and construction activities The City also has a number of historical structures that have been determined to be important features in the local architectural and historical growth of the community. Although most of the cumulative projects are proposed for vacant land some existing historical properties could be impacted. The City’s Historic Preservation Commission reviews projects for potential impacts to known historical properties. Significant impacts to historical properties are minimized to a less than significant level by the review of projects by the Historic Preservation Commission and adherence to implementing policies and action programs of the General Plan Open Space and Conservation Element. IX. FEASIBILITY OF POTENTIAL PROJECT ALTERNATIVES Because the Project will cause some unavoidable indirect and cumulative significant environmental effects, as outlined above (see Sections VI1 and VIII), the Commission must consider the feasibility of any environmentally superior alternative to the Project, as finally approved. The Commission must evaluate whether one or more of these alternatives could avoid or substantially lessen the unavoidable significant environmental effects. Citizens for Quality Growth v. City of A4iount Shasta (1988) 198 Cal. App. Ed 433 [243 Cal. Rptr. 7271; see also Public Resources Code Section 21002. Because it is a judgement call whether an alternative is environmentally superior, these findings contrast and compare all of the alternatives in the FEIR. 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 effects. Where the significant effects can be mitigated to an acceptable (insignificant) level solely by the adoption of mitigation measures, the agency, in drafting its findings has no obligation to consider the feasibility of environmentally superior alternatives, even if their impacts would be less severe than those of the project as mitigated. Laurel Heights Improvement Association v. Regents of the University of California (1988) 47 Cal. 3d 376 [253 CaI Rptr. 4261; Laurel Hills Homeowners Association v. City Council (1978) 83 Cal. App. 3d 515 [I47 Cal Rptr. 8421; Kings County Farm Bureau v. City of Hanford (1990) 221 Cal. App. 3d 692 [270 Cal Rptr. 6501. Accordingly, for this project, 23 South Carlsbad Cocstai Redevelamrent Plan Findings of Fact in adopting the findings concerning project alternatives, the ’ City Council considers only those environmental efiects that for the finally approved project, are significant and cannot be avoided or substantially lcssened through mitigation. Whereas, in this project, significant environmental effects remain even after application of all feasible mitigation measures identified in the FEIR, the decision-makers must evaluate the project alternatives identified in the FEIR. Under these circumstances, CEQA requires findings on the feasibility of project alternatives. If no project alternatives are feasible, the decision- makers must adopt a Statement of Overriding Considerations with regard to the project. If there is a feasible alternative project, the decision-makers 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 State CEQA 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.” [State CEQA Guidelines Section 15126 sub. (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 successfd manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.” Public Resources Code, 4 21061.1. The State CEQA Guidelines provide a broader definition for “feasibility” that also encompasses “legal” factors. The State CEQA Guidelines, 3 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 CEQA and thus is afforded different meaning as may be provided by Webster’s Dictionary or any other source. Moreover, Public Resources Code Section 2 1080 governs the “findings” requirement under CEQA with regard to the feasibility of alternatives. It states in relevant part: “. . . Wjo 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 Public Resources Code 24 South Carisbad Coastal Redevelopment Plan Findings of Fact $21 06 1.1 ; State CEQA Guidelines, 4 15364; Public Resources Code, DeZMar v. CityufSanDiego(1992) 133 Cal. App. 3rd401,414-417. 2 18 1; see also City of In City of Del Mar v. Ci@ of San Diego (1992) 133 Cal. App. 3rd 401, 414-417, the court of appeal found that the City of San Diego had “. . . considered and reasonably reject. . . [certain] project alternatives . . . as infeasible in view of the social and economic realities of the region.” - Id. At 417. The court determined that San Diego had attempted to accommodate feasibility factors based upon its growth management plan that include 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, yeasibility ’ under CEQA encompasses economic, environmental, social, and technological factors. We accordingly conclude that San Diego did not abuse its discretion under CEQA in rejecting various project alternatives as infeasible.” Id. (emphasis added). These findings contrast and compare the alternatives where appropriate in order to demonstrate that the selection of the finally approved project, while still resulting in significant environmental impacts, has substantial environmental, planning, fiscal, and other benefits. In rejecting all of the alternatives, the decision-makers have examined the finally approved project objectives and weighed the ability of the various alternatives to meet the objectives. The decision-makers believe that the project best meets the finally approved project objectives with the least environmental impacts. The overall objective of the South Carlsbad Coastal Redevelopment Plan is to remove blight and increase the economic viability of the project area. The proposed Plan would allow the Commission to work with the City of Carlsbad to accomplish this objective by: 1) assisting the City in constructing some or all of the public improvement projects listed in the Plan to benefit the project area and the City; and 2) providing a variety of fimding sources for use by the Commission to allow the Commission the option to fund projects which can reduce or eliminate blight, provide additional low and moderate income housing and improve the economic viability of the project area. The major goals of the South Carlsbad Coastal Redevelopment Plan are to: eliminate physical blight; create new employment opportunities; improve recreational facilities; mitigate environmental impacts of the Encinas power plant; encourage uniform and consistent land use patterns; encourage private commercial/residential rehabilitation; and encourage development and capital investment, The tools of the Plan, including the use of tax increment revenue to 25 South Carlsbad Coastal Redevelopment Plan Findings of Fact assist the private sector and listing public improvement projects, can be used by the Commission to meet the goals of the Plan. Specifically, the Plan is intended to achieve the following goals: Eliminate blight and environmental deficiencies in the Project Area Assemble land into parcels suitable for modern, integrated development with improved pedestrian and vehicular circulation in the Project Area. Replan, redesign, and develop properties which are stagnant or improperly utilized. Increase, improve, and preserve the community’s supply of housing affordable to very low, low, and moderate income households. Develop new beach and coastal recreational opportunities. Facilitate the redevelopment of the Encina power generating facility to a smaller, more efficient power generating plant. Redevelopment of the Encina power generating plant may result in a plant smaller in physical size, but no decrease in power is proposed. Fund the Carlsbad Boulevard realignment which will yield excess property that could facilitate expansion of the Carlsbad State Beach campgrounds and other recreational facilities. Retain as many existing businesses as possible by means of redevelopment and rehabilitation activities. Enhance commercial and recreational functions in the Project Area. Strengthen the economic base of the Project Area and the community by the installation of needed on- and off-site improvements to stimulate new commercialhdustrial expansion, employment, and economic growth. Increase parking and open space amenities. Implement performance criteria to assure quality site design environmental standards to provide unity and integrity to the entire Project Area development. 26 South Carlsbad Coastal Redevelopmen f Plan Findings of Fact A. No Project Alternative CEQA requires the analysis of the No Project Alternative (Public Resources Code Section 15126). The No Project Alternative would preclude the Commission from adopting the South Carlsbad Boulevard Redevelopment Plan eliminating the opportunities and abilities by the Commission to assist with the removal and/or upgrading of blighted properties in the project area. The existing blighted conditions in the project area would in all likelihood remain and continue well into the future without adoption of the Plan and assistance by the Commission. Since existing blighted properties are currently slow to be remodeled and upgraded on their own the trend for the slow improvements of the properties would probably continue into well the future. Any opportunity for the Commission to participate with a property owner, or developer, in the rehabilitation and/or demolition of blighted property and development of improved projects would not be available with the No Project Alternative. This project alternative would eliminate and prevent the Commission from capturing tax increment generated from the project area over the 45 year life of the Plan. Should the proposed Plan be adopted the tax increment generated from the project area could be used by the Commission to upgrade and improve existing blighted conditions, including the potential to assist the City of Carlsbad in the construction of needed public improvements in the project area. This project alternative would prevent the Commission from receiving tax increment from the project area and using the revenue to remove blight and improve the economic viability of the project area. Without tax increment revenue the Commission would not be able to improve the project area both physically and economically. This No Project Alternative would also eliminate the opportunity for the Commission to acquire and assemble property for redevelopment. The proposed Plan would provide the Commission the authority to use eminent domain for up to twelve years from the date of adoption to acquire and assemble property. The No Project alternative would prevent the Commission from acquiring and assembling property necessary for specific projects to move forward, thus eliminating one of the Commission’s key objectives which is to remove and eliminate blight in the project area. The proposed Plan would be in existence for 45 years, or until the year 2045. The NO Project alternative would prevent the Commission from having the tools and funding necessary to improve the project area and eliminate and reduce blight during the 45 year period. Existing bIighted conditions, lack of adequate public infrastructure, etc. would continue to exist well into the future making it more difficult for the City to upgrade and improve the economic and social climate within the project area. 27 South Carlsbad Coatal Redevelopntent Plan Findings of Fact The Commission would collect tax increment from the project area and put at least 20% of the rei-enue into a fund to provide, preserve and construct Ion- and moderate income housing. Since the city has not presently met its required low and moderate income housing requirements the additional tax increment revenue from the project area could allow the Commission the ability the opportunity to provide additional revenue to assist the city in meeting its low and moderate income housing requirement. The No Project Alternative would prevent the Commission from possibly assisting the City in meeting its low and moderate income housing needs. The No Project Alternative does not attain the basic objectives of the proposed project and specific or other considerations identified in the FEIR support the determination that the No Project Alternative is infeasible. B. Alternative Financing Alternative One of the benefits of a redevelopment plan is that it offers the Commission financing opportunities to reduce and eliminate blight in the project area that are not readily available to the city through other financing sources. Without the ability to secure revenue to acquire property and fund remodeling andlor new projects, the Commission can not reduce blight and improve the economic viability of the project area. Without redevelopment the City of Carlsbad would have to seek other non-redevelopment sources of financing which can be difficult and time consuming in today’s financing climate. Alternative financing methods the City of Carlsbad would have to find to improve the project area include private funding, selling bonds, obtaining federal and/or state loans, etc. These sources of loans for developing properties in the project area can be difficult to obtain, the source of funds can be expensive and cost prohibitive and availability can change with the market. While alternative funding sources may be available today, the same funding sources may not be available many years from now when the City or a private developer is ready to begin a project. The adoption of the proposed Plan would provide the Commission more consistent and reliable funding sources throughout the life of the Plan due to the financing options available to the Commission that are not available to the City. The Alternative Financing Alternative does not fully attain the basic objectives of the proposed project. C. Change the Project Area Alternative This project alternative evaluates two alternatives to the proposed project: increasing and decreasing the size of the proposed project area. Each variation of this project alternative is discussed separately below: South Carlsbad Coastal Redevelopment Plan Findings of Fact Increase the Project Area This alternative evaluates the potential impacts associated with increasing the size of the proposed project area, In order to increase the size of the project area additional property would hat-e to meet specific criteria. One such criteria is existing land uses have to meet the definition of blight as defined by the Health and Safety Code. Blight is defined both physically as well as economically as discussed below: Physical blight is generally defined as: 1) buildings in which is it unsafe or unhealthy for persons to live or work. These conditions can be caused by serious building code violations, dilapidation and deterioration, defective design or physical construction, faulty or inadequate utilities or other similar factors; 2) factors that prevent or hinder the economic viable use or capacity of buildings or lots; 3) adjacent or nearby uses that are incompatible with each other and which prevent the economic development of those parcels; 4) existence of subdivided lots of irregular form and shapes and inadequate size for proper usefulness and development and are in multiple ownership. Economic blight is defined as: 1) depressed or stagnant property values or impaired investments, including, but not limited to those properties containing hazardous wastes that require the use of Department authority; 2) abnormal high business vacancies, abnormally low lease rates, high turnover rates, abandoned buildings, or excessive vacant lots with an area developed for urban use; 3) lack of necessary commercial facilities that are normally found in neighborhoods, including grocery stores, drugstores and banks; 4) residential overcrowding or an excess of bars, liquor stores or other businesses that cater exclusively to adults; 4) high crime rate that constitutes a serious threat to the public safety and welfare. There may not be other areas in the City that fit the definition of blight that can be incorporated into the proposed project area. Unless additional areas fit the definition, they can not be added to the project area. The area included in the proposed project area fits the definition of blight. Depending upon areas of the City that could be incorporated into the current project area the environmental impacts associated with redevelopment of the area could be greater than the impacts of the proposed project area. Impacts that could be anticipated include traffic, air quality, noise, increased demand for public services and utilities, etc. which may be greater or less than the impacts associated with the proposed project. At the present time there are no other areas of the city that would qualify and meet the definition of blight that could be added to the existing project area. 29 South Carlsbad Coastal Redevelopment Plan Findings of Fact Reduced Project Area The project area could be reduced in size requiring the removal of some properties presently included in the boundary of the proposed Plan. Existing property that couid be removed from the proposed project area includes the Encina power plant, Carlsbad Boulevard or Ponto area. The elimination of the Encina power plant from the project area would prevent the Commission from assisting the private property owner to eliminate blighting influences created by the existing plant. The Commission could not assist the property owner to decommission the existing power plant and build a smaller, more efficient plant which will have enhanced air pollution controls. Also, the Commission could help with other public improvements andor redevelopment of the site. If this area is removed, the Commission could *not provide the assistance required to ensure that the blighting influences in this area are eliminated over time. The elimination of Carlsbad Boulevard would prevent the Commission from assisting the City with the construction of the proposed re-alignment of Carlsbad Boulevard. Completion of the re-alignment of Carlsbad Boulevard would improve traffic flow and circulation along this section of Carlsbad Boulevard. The re-alignment would also increase the amount of open space along the beach area due to the shifting of Carlsbad Boulevard to the east allowing existing right-of-way on the west side of the road to be added to the State Beach. If the Commission is unable to assist the city financially with constructing the re-alignment of Carlsbad Boulevard because it is removed from the project area, it may be many years before the city has the funds necessary for the constrytion. As a result the benefits to the City and the general public due to improved traffic flow and additional open space for the beach may be delayed well into the future. The elimination of the Ponto area would prevent the Commission from assisting private property owners in this area to eliminate existing blight and redevelop their property. There are blighted properties in the Ponto area the Commission could assist the property owners to redevelop. Removing the Ponto area from the Plan wouId require the private community to find the funds necessary to upgrade and improve the properties on their own. Since the property owners have been unable to fund the redevelopment of properties up to this point it is anticipated that without assistance by the Commission the current uses would continue for many years. Several of the residential homes show the lack of routine maintenance and repair and the Commission would not be able to assist the property owners to upgrade their property if the Ponto area is removed from the Plan. The Change the Project Area Alternative does not fully attain the basic objectives of the proposed project. 30 South Carlsbad Cocstal Redevelopment Plan Findings of Fact X. STATERIENT OF OVERRIDING CONSIDERATIONS The project would have significant, unavoidable impacts on the following area, described in detail in Sections VI1 and VI11 of these Findings of Fact. Air Quality (Indirect and Cumulative Impacts). The Commission has adopted all feasible mitigation measures with respect to these impacts. Although in some instances these mitigation measures may substantially lessen these significant impacts, adoption of the measures will not fully avoid the impacts. The Commission has examined a reasonable range of alternatives to the project. Based on this examination, the Commission has determined that none of these alternatives both (1) meets the project objectives, and (2) is environmentally preferable to the finally approved project. As a result, to approve the project the Commission must a “statement of overriding consideration^^^ pursuant to State CEQA Guidelines Sections 15043 and 15093. This statement allows a lead agency to cite a project’s general economic, social or other benefits as a justification for choosing to allow the occurrence of specified significant environmental effects that have not been avoided. The state explains why, in the agency’s judgement, the project’s benefits outweigh the unavoidable significant effects. CEQA does not require lead agencies to analyze “beneficial impacts” in an EIR. Rather, EIRs are to focus on potential “significant effects on the environment,” defined to be “adverse” (Public Resources Code, Section 2 1068). The Legislature amended the definition to focus on “adverse” impacts after the California Supreme Court held that beneficial impacts must also be addressed [see WiZdZife AZive v. Chickering (1976) Cal. Ed 190, 206 [132 Cal. Rptr. 37711. Nevertheless, decision-makers benefit from information about project benefits. These benefits can be cited, if necessary, in a statement of overriding considerations (see CEQA Guidelines, Section 15093). The Commission finds that the project would have the following substantial social, environmental and economic benefits. Overall, adoption of the South Carlsbad Coastal Redevelopment Plan will provide the opportunity to remove blight and increase the economic viability of the Project Area through financing tools including tax increment revenue. The funding opportunities created through adoption of the Plan will be used by the Cornmission to meet the goals of the Plan including the following benefits: 1. The proposed Plan will allow the Commission to assist the City in constructing some or all of the public improvement projects listed in the Plan to benefit the Project Area and the City. 31 -. . I .. South Carlsbad Coastal Redevelopmtent Plan Findings of Fact 2. The proposed Plan will provide a variety of hnding sources affording the Commission the opportunity to fimd development projects providing additional low and moderate income housing and thus increase, improve, and preserve the community’s supply of housing affordable to very low, low, and moderate income households. 3. The proposed Plan will allow creation of new employment opportunities. 4. The proposed Plan will provide opportunity to improve recreational facilities. 5. The proposed Plan will provide funding opportunities for mitigation of environmental impacts of the Encinas power plant. 6. The proposed Plan will provide the opportunity for the Commission to asse-mble land into parcels suitable for modern, integrated development with improved pedestrian and vehicular circulation in the Project Area. 7. The proposed Plan will provide the opportunity for the Commission to fund the Carlsbad Boulevard realignment which will yield excess property that could facilitate expansion of the Carlsbad State Beach campgrounds and other recreational facilities. 8. The proposed Plan will provide the opportunity for the Codssion to strengthen the economic base of the Project Area and the community by the installation of needed on- and off-site improvements to stimulate new commercial/industrial expansion, employment, and economic growth. 32 8 City of Carlsbad ORDINANCE NO. NS-553 APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT Via Certified Mail DATE: JULY 20,2000 TO: STATE BOARD OF EQUALIZATION, ASSESSOR AND AUDITOR-CONTROLLER OF THE COUNTY OF SAN DIEGO, AND OTHER AFFECTED TAXING AGENCIES On July 18, 2000, the City Council of the City of Carlsbad adopted Ordinance No. NS- 553 that adopted the Redevelopment Plan for the South Carlsbad Coastal Redevelopment Project. Pursuant to Health and Safety Code Section 33375, enclosed are the following documents relating to the Redevelopment Plan. 1. Ordinance No. NS-553. 2. Notice of Adoption of the Redevelopment Plan, including a legal description and map of the Project Area boundaries, and statement of institution of proceedings for redevelopment of the South Carlsbad Coastal Redevelopment Project, as recorded with the ClerkRecorder of the County of San Diego. Please advise us within ten (10) days if, for any reason, these documents are not satisfactory for your purposes. Sincerely, CITY OP CARSLBAD Enclosures: Ordinance No. NS-553 Affidavit and Statement Project Area Map Legal Description 1200 Carlsbad Village Drive 0 Carlsbad, CA 92008-1989 * (760) 434-2808 @ Mr. Gregory J. Smith AssessorlClerWRecorder County of San Diego San Diego, CA 92 10 1 Mr. Walter F. Ekard Chief Administrative Officer County of San Diego San Diego, CA 92 10 1 Mr. David J. Martin Tax Area Services Section State Board of Equalization 1600 Pacific Highway, #209 ~ 450 “N’ Street, MIC 59 1600 Pacific Highway, #lo3 49 Sacramento, CA 94279 4% Mr. Bill Kelly Chief Financial OfficedAuditor-Controller County of San Diego 1600 Pacific Highway, # 166 San Diego, CA 92 10 1 Dr. Doug DeVore Superintendent Encinitas Union School District 101 S. Rancho Santa Fe Road Encinitas, CA 92024 Mr. Thomas J. Pastuszka Clerk of the Board of Supervisors County of San Diego 1600 Pacific Highway, #402 Mr. Bart Hartman Treasurerflax Collector County of San Diego 1600 Pacific Highway, # 1 12 San Diego, CA 92 10 1 San Diego, CA 92101 @-& Ms. Cheryl Emst Carlsbad Unified School District 80 1 Pine Avenue Carlsbad, CA 92008 * 7hdm 00 Superintendent Mr. William Berrier Superintendent 7 10 Encinitas Boulevard Encinitas, CA 92024 San Dieguito Union High &-+ Mr. Raymond Patchett City of Carlsbad - -1.. City Manager Dr. Tim T. L. Dong, Ph.D. Dr. Rudy Castruita, Ph.D. County Superintendent San Diego County OWce of Education ’’ President Mira Costa Community College District - 1 Barnard Drive Oceanside, CA 92056 6401 Linda Vis&-Road San Diego, CA 92 1 1 1 1200 Carlsbad Village Drive 7/ZG/& Carlsbad, CA 92008 Mr. Robert Wardwell Mr. Tim Jockem Mr. Bob Greaney Chief Financial Officer General Manager @ Deputy Chief of Staff Tri-City Hospital District 4002 Vista Way Oceanside, CA 92056 Carlsbad, CA 92009 Carlsbad, CA 92008 Mr. Ronald Gastelum General Manager Metropolitan Water District 7000 N. Alameda Street Los Angeles, CA 900 12 Leucadia County Water District 4 1960 La Costa Avenue ,\3,\Db 5950 El Camino Real ,&$ Carlsbad Municipal Water District RECORDHUG REQUESTED BY - 7 DOC # ~000-0380866 JUL 13:. 2000 2=17 FM OFFICIAL RECORDS W DIEGO COUKTY RECORDER’S OFFICE GREGORY J. SMITHY COW KECORDER FEES: 0.00 1. 2. WHEN RECORDED MAIL TO: City of Carlsbad City Clerk’s Office DEVELOPMENT PR INSTITUTED RECORDER OF for recordation. that Redevelopment ant to the California seq.). A description of the Land Within the South Carlsbad Coastal Redevelopment Project is set forth in the legal description document (attached hereto as Attachment “B”) and incorporated herein by this reference. Sincerely, CITY OF CARLSBAD , WOOD, City Clerk Attachment A - Certified Copy Ordinance No. NS-553 Attachment B - Legal Description I. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - EXHIBIT "A" ORDINANCE NO. NS-553 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE REDEVELOPMENT PLAN FOR THE SOUTH CARLSBAD COASTAL REOEVELOPMENT PROJECT The City Council of the City of Carlsbad, California, does ordain as follows: WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad ("Commission") has prepared a Redevelopment Plan ("Redevelopment Plan") for the South Carlsbad Coastal Redevelopment Project ("Project Area"), a copy of which is on file in the office of the City Clerk; WHEREAS, the Commission has prepared a Report to Council on the Redevelopment Plan which provides all information required by the Community Redevelopment law (Health and Safety Code Section 33000, et seq.). A copy of the Report to Council is on file in the office of the City Clerk. The Commission submitted to the City Council the Report to Council, which contains among other things, the Planning Commission's report and recommendations, the Final Environmental Impact Report with respect to the proposed Redevelopment Plan, and the Report of the County Fiscal Officer, and the City Council has duly considered and evaluated the Report to Council; WHEREAS, Rules Governing Participation and Reentry Preferences for Property Owners, Operators of Businesses, and Business Tenants, a copy of which is on file in the office of the City Clerk, have been prepared and adopted by the Commission. WHEREAS, the Planning Commission of the City of Carlsbad ("Planning Commission") has approved a Preliminary Plan for the Project Area, and has submitted to the City Council its report and recommendations regarding the Redevelopment Plan, and has found that the Redevelopment Plan conforms to the City's General Plan, and the City Council has duly considered and evahated the report recommendations and findings of the Planning Commission; WHEREAS, the Commission consulted or attempted to consult with the taxing agencies which levy taxes, or for which taxes are levied, on property in the Project Area with 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 respect to the Redevelopment Plan and to the allocation of taxes pursuant to Section 33670 of the California Community Redevelopment Law; WHEREAS, the Commission and the City Council have certified that the Final Environmental Impact Report for the Project Area was prepared and completed in compliance with the California Environmental Quality Act of 1970, and State and local regulations and guidelines adopted pursuant thereto, and that the Commission and City Council have reviewed and considered the information contained therein, and adopted findings with respect to the environmental impacts of the Project Area as required by law; WHEREAS, the Commission has prepared and submitted a method and plan, should it be necessary, for the relocation of individuals and families that may be displaced as a result of carrying out the Redevelopment Plan; WHEREAS, after due notice as provided by the Community Redevelopment Law, a joint public hearing was held by the City Council and the Commission to consider the proposed Redevelopment Plan; WHEREAS, the City Councif has considered all aspects of the Redevelopment Plan, and has received, considered and evaluated all written and oral evidence and testimony presented for or against all aspects of the Redevelopment Plan, including the adoption of written findings responding to each written objection of an affected property owner or taxing entity; and WHEREAS, all actions required by law have been taken by all appropriate persons and entities. NOW, THEREFORE, be it ordained by the City Council of the City of Carlsbad, California as follows: SECTION 1: The purposes and intent of the City Council with respect to the Project Area are to: 1. 2. Eliminate blight and environmental deficiencies in the Project Area; Assemble land into parcels suitable for modern, integrated development with improved pedestrian and vehicular circulation in the Project Area; -7- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1s 2c 21 22 23 24 25 2c 27 28 3. Replan, redesign, and develop properties which are 4. Increase, improve, and preserve the City’s supply of housin 5. Develop new beach and coastal recreational opportunities; improperly utilized ; very low, low and moderate income households; stagnant or affordable to 6. 7. Facilitate the redevelopment of the Encina Power Generating Facility to a physically smaller, more efficient power generating plant; Provide a funding source for the potential realignment of Carlsbad Boulevard which will yield excess property that could facilitate expansion of the Carlsbad State Beach campgrounds and other recreational facilities,’ andlor development of cultural facilities or other public facilities; 8. Retain as many existing businesses as possible by means of redevelopment and rehabilitation services; 9. Enhance commercial and recreational functions in the Project Area; 10. Strengthen the economic base of the Project Area and the City by the installation of needed on- and off-site improvements to stimulate new wmmerciaVresidential expansion, employment and economic growth; 11. 12. Implement performance criteria to assure quality site design and Increase parking and open space amenities; and environmental standards to provide unity and integrity to the entire Project Area development SECTION 2: The Redevelopment Plan is hereby approved and adopted. The Redevefopment Plan is incorporated herein by reference and made a part hereof as if set out in full herein. SECTION 3: The Redevelopment Area is hereby designated as the official redevelopment plan of the Project Area. SECTION 4: The City Council hereby finds and determines that: 1. 2. The Project Area is a btighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the Community Redevelopment Law; The Redevelopment Plan will redevelop the Project Area in conformity with the Community Redevelopment Law and in the interests of the pubic peace, health safety, and welfare; The adoption and carrying out of the Redevelopment Plan is economically sound and feasible; The Redevelopment Plan is consistent with the City’s General Plan, including but not limited to, the City’s housing element, which substantially complies with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code; The carrying out of the Redevelopment Plan will promote the public peace, health, and safety and welfare of the City of Carlsbad and will effectuate the purposes and policies of the Community Redevelopment Law; The condemnation of real property, as provided for in the Redevelopment Plan, may be necessary for the execution of the Redevelopment Plan and adequate provisions have been made for payment for property to be acquired as provided by law; 3. 4. 5. 6. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2a 21 22 23 24 25 26 27 28 7. The Commission has a feasible method and plan for the relocation of families and persons to be temporarily or permanently displaced from housing facilities in the Project Area; There are, or are shall be provided, in the Project Area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons displaced from the Project Area, decent, safe, and sanitary dwellings equal in number to the number of and available to the displaced families and persons and reasonably accessible to their places of employment. Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Community Redevelopment Law Sections 3341 I and 3343 1.7. Dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to Community Redevelopment Law Sections 33334.5,33413, and 33413.5 8. 9. 10. There are no noncontiguous areas in the Project Area; Inclusion within the Project Area of any lands, buildings, or improvements which are not detrimental to the public health, safety, or welfare is necessary for the effective redevelopment of the area of which they are a part; any area included is necessary for effective redevelopment is not included for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to Section 33670 of the Community Redevetopment Law without other substantial justification for its inclusion; The elimination of blight and the redevelopment of the Project Area cannot be reasonably expected to be accomplished by private enterprise acting along without the aid and assistance of the Commission; The Project Area is predominantly urbanized, as defined by subdivision (b) of Community Redevelopment Law Section 33320.1; The time limitation, if applicable, the limitation on the number of dollars to be allocated to the Commission that are contained in the Redevelopment Plan are reasonabty related to the proposed projects to be implemented in the Project Area and to the ability of the Commission to eliminate blight within the Project Area. 11. 12. 13. SECTION 5: The City Council is satisfied that if any families or persons are displaced by the Redevelopment Plan, permanent housing facilities will be available within three (3) years from the time occupants of the Project Area are displaced and that pending the development of such facitities, there will be available to the displaced occupants adequate temporary housing facilities at rents comparable to those in the City of Carlsbad at the time of their displacement. SECTION 6: All written objections to the Redevelopment Plan received during or prior to the joint public hearing, and all oral objections presented to the City Council at the joint public hearing, having been duly considered by the City Council, are hereby overruled. -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1; 1E IS 2c 21 2; 23 24 2: 2c 2; 21 SECTION 7: In order to implement and facilitate the effectuation of the Redevelopment Plan, it will be necessary for the City Council to take certain official actions, and accordingly, the City Council hereby: 1. 2. Pledges its cooperation in helping to carry out the Redevelopment Plan; and Request the various officials, departments, boards and agencies in the locality having administrative responsibilities in the Project Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the Redevelopment Plan, including the expenditure of money in accordance with the provisions of the Redevelopment Plan to effectuate the Redevelopment Plan; and Stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Redevelopment Plan, and declares its intention to undertake and complete any proceedings necessary to be carried out by the City of Carlsbad under the provisions of the Redevelopment Plan. SECTION 8: The City Clerk is hereby directed to send a certified copy of this Ordinance to the Commission, and the Commission is hereby vested with the responsibility for carrying out the Redevelopment Plan, subject to the provisions of the Redevelopment Plan. 3. SECTION 9: The City Clerk is hereby directed to record with the County Recorder of San Diego County a description of the tand within the Project Area, and a statement that the proceedings for the redevelopment of the Project Area have been instituted in the Project Area under the Community Redevelopment Law. The Commission is hereby directed to effectuate recordation in compliance with the provisions of Section 27295 of the Government Code to the extent applicable. SECTION 10: The Department of Building inspection of the City of Carlsbad is hereby directed for a period of two (2) years after the effective date of this Ordinance to advise all applicants for building permits within the Project Area that the site for which a building permit is sought for the construction of buildings or for other improvements is within a redevelopment project area. SECTION'11: The City Clerk is hereby directed to transmit within thirty (30) days a copy of the description and statement recorded by the City pursuant to Section 9 of this Ordinance, a copy of this Ordinance, and a description and map or plat showing the boundaries -5- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ia IS 2c 21 22 23 24 25 26 27 28 of the Project Area to the Auditor and Tax Assessor of San Diego County, to the governing body of each of the taxing agencies which levies taxes upon and property in the Project Area, and to the State Board of Equalization. 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 a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 11" day of July, 2000, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the lsthday of July 2000, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard and Kulchin. NOES: None ABSENT: Council Member Hall ABSTAIN None. /- ATTEST: /+$&uiX;d b.7fzJi& t6RdAINE M. WOOD, City Clerk (SEAL) -6- South Carlsbad Coastal Redevelopment Project Project Area TXHIBIT "B" CITY OF CARLSBAD SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT LEGAL DESCRIPTION BEING THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF POINSETTIA LANE, 102.00 FEET WIDE, WITH THE EASTERLY LINE OF CARLSBAD BOULEVARD, VARIABLE WIDTH; THENCE ALONG SAID EASTERLY LINE S19"09'02"E, 1,470.51 FEET TO THE NORTH LINE OF MAP NO. 12926, RECORD OF SURVEYS OF SAID COUNTY; THENCE ALONG SAID NORTH LINE S89"09'36"E, 565.07 FEET TO THE WESTERLY LINE OF THE SAN DIEGO NORTHERN RAILROAD (A.T.&S.F.) RIGHT OF WAY, 200.00 FEET WIDE; THENCE ALONG SAID WESTERLY LINE S20"27'52"E, 1,052.99 FEET TO A POINT NO THE NORTH LINE OF SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, S.B.M.; THENCE ALONG SAID NORTH LINE S89"59'04"W, 233.90 FEET TO THE WEST LINE OF SAID SECTION 33; THENCE ALONG SAID WEST LINE S0Oo09'24"W, 110.33 FEET; THENCE LEAVING SAID SECTION LINE S04"41'37"E, 913.85 FEETTO THE EASTERLY LINE OF CARLSBAD BOULEVARD, VARIABLE WIDTH; THENCE ALONG SAID EASTERLY LINE S17"30'37"E, 2,303.09 FEET TO A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF2,350.00 FEET, THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25"15'54", AN ARC THENCE DISTANCE OF 1,036.25 FEET TO A POINT ON A NON-TANGENT LINE; 1 (9) SOUTHEASTERLY ALONG SAID LINE TO A POINT ON THE NORTHERLY LINE OF LOT 10 IN SAID SECTION 33 AS SAID LOT IS SHOWN ON MAPS 505 AND 528 OF RECORD OF SURVEY, RECORDS OF SAID COUNTY, SAID POINT BEING LOCATED S66"46'00W, 132.63 FEET FROM THE NORTHEASTERLY CORNER OF SAID LOT 10; THENCE (10) ALONG SAID NORTHERLY LINE OF LOT 10 AND ITS WESTERLY PROLONGATION S66"46'00W, TO THE ORDINARY HIGH TIDE OF THE PACIFIC OCEAN; THENCE (11) MEANDERING IN A NORTHWESTERLY DIRECTION ALONG SAID ORDINARY HIGH TIDE 14,000.00 FEET MORE OR LESS TO THE SOUTHERLY LINE OF LOT 24 OF THE POINSETTIA BEACH, UNIT NO. 1 AS PER MAP NO. 3897, RECORDS OF SAN DIEGO COUNTY; THENCE (12) ALONG SAID SOUTHERLY LINE N59"21'10E, 192.27 FEET TO THE WESTERLY LINE OF CARLSBAD BOULEVARD, 100.00 EET WIDE; THENCE (13) ALONG SAID WESTERLY LINE N30"38'50W, 3,531.15 FEET TO ATANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 5,298.13 FEET; THENCE (14) NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00"33'37", AN ARC DISTANCE OF 5 1.80 FEET TO THE NORTH LINE OF THE TIERRA DEL OR0 SUBDIVISION AS PER MAP NO. 3052, RECORDS OF SAN DIEGO COUNTY; THENCE (15) ALONG SAID NORTHERLY LINE S65"54'10W, 291.21 FEET TO THE ORDINARY HIGH TIDE OF THE PACIFIC OCEAN; THENCE (16) MEANDERING IN A NORTHWESTERLY DIRECTION ALONG SAID ORDINARY HIGH TIDE, 2,530 FEET MORE OR LESS TO A POINT ON A LINE THAT IS S65"17'40"W, 94.54 FEET AND PERPENDICULAR TO THE WESTERLY LINE OF SAID CARLSBAD BOULEVARD; THENCE (17) ALONG SAID PERPENDICULAR LINE N65"17'40W, 94.54 FEET TO A POINT ON SAID WESTERLY LINE OF CARLSBAD BOULEVARD, 100.00 FEET WIDE, SAID POINT ALSO BEING THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 4,950.00 FEET; THENCE 2 NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12"10'30, AN ARC DISTANCE OF 1,051.84 FEET TO A TANGENT LINE; THENCE CONTINUING ALONG SAID WESTERLY LINE AND TANGENT LINE N36"57'30W, 727.67 FEET TO THE NORTHERLY LINE OF LOT H OF THE RANCHO AGUA HEDIONDA, AS PER PARTITION MAP NO. 823, RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALONG SAID NORTHERLY LINE N78"02'00"W, 1,014.32 FEET; THENCE LEAVING SAID NORTHERLY LINE OF LOT H, S3Oo49'1O"E, 237.58 FEET, THENCE S76'47' 1 OE, 93 1.69 FEET; THENCE S29"17'10"E, 1,100.00 FEET MORE OR LESS TO A POINT ON THE WESTERLY LINE OF THE SAN DIEGO NORTHERN RAILROAD RIGHT OF WAY, 100.00 FEET WIDE; THENCE ALONG SAID WESTERLY LINE N22"30'29"W, 342.20 FEET; THENCE LEAVING SAID WESTERLY LINE N09"4l720E, 233.73 FEET TO THE EASTERLY LINE OF SAID SAN DIEGO NORTHERN RAILROAD RIGHT OF WAY, 150.00 FEET WIDE; THENCE ALONG SAID EASTERLY LINE N22"30'29"W, 302.87 FEET TO A POINT ON THE SOUTHERLY LINE OF THE AGUA HEDIONDA LAGOON; THENCE ALONG SAID SOUTHERLY LINE THE FOLLOWING SIX (6) COURSES: N6Oo48'00"E, 13.61 FEET; THENCE N29"53'009E, 35.00 FEET; THENCE N41°25'00E, 63.50 FEET; THENCE N69"48'00"E, 39.00 FEET; THENCE N72"42'00"E7 205.00 FEET; THENCE S67"30'009E, 332.00 FEET TO A POINT ON THE WESTERLY LINE OF THE INTERSTATE 5 FREEWAY, VARIABLE WIDTH; THENCE 3 _- (33) TRAVERSING ACROSS SAID FREEWAY, N8l010'00"E, 370.00 FEETMORE OR LESS TO A POINT ON THE EASTERLY LINE OF SAID FREEWAY AND THE SOUTHWESTERLY LINE OF SAID AGUA HEDIONDA LAGOON; THENCE (34) SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE THROUGH ITS VARIOUS COURSES TO A POINT ON THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF MAP NO. 7492 RECORDS OF SAID SAN DIEGO COUNTY; THENCE (35) ALONG SAID PROLONGATION S22"29'22"E, 2,063.77 FEET TO THE NORTHEAST CORNER OF SAID MAP NO. 7492, SAID CORNER ALSO BEING A POINT ON A CURVE OF THE SOUTHERLY LINE OF CANNON ROAD AS SHOWN ON SAID MAP, SAID CURVE BEING CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 949.00 FEET; THENCE (36) WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15"17'07", AN ARC DISTANCE OF 253.17 FEET TO A TANGENT LINE; THENCE (37) ALONG SAID LINE AND SOUTHERLY LINE OF CANNON ROAD S67"31'14"W, 285 FEET MORE OR LESS TO AN ANGLE THEREON; THENCE (38) SOUTHWESTERLY, 140 FEET MORE OR LESS TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF SAID INTERSTATE 5 FREEWAY, VARIABLE WIDTH; THENCE (39) TRAVERSING ACROSS SAID FREEWAY SOUTHWESTERLY, 660 FEET MORE OR LESS TO A POINT OF INTERSECTION OF THE SOUTHERLY LINE OF CANNON ROAD AND THE WESTERLY LINE OF SAID FREEWAY; THENCE (40) ALONG SAID WESTERLY LINE S39"57'39"E, 504.90 FEET; THENCE (41) LEAVING SAID WESTERLY LINE S61"24'41"W, 251.13, FEET TO THE EASTERLY LINE OF AVENIDA ENCINAS, 70.00 FEET WIDE; THENCE (42) TRAVERSING ACROSS SAID AVENIDA ENCINAS S6729'3 1"W, 70.46 FEET TO THE WESTERLY LINE OF SAID STREET; THENCE (43) S67'29'31"W, 220.81 FEET TO THE EASTERLY LINE OF SAID SAN DIEGO NORTHERN RAILROAD RIGHT OF WAY, 100.00 FEET WIDE; THENCE (44) TRAVERSING ACROSS SAID RIGHT OF WAY S67"29'31"W, 100.00 FEET TO THE WESTERLY LINE OF SAID RIGHT OF WAY; THENCE 4 (45) ALONG SAID WESTERLY RIGHT OF WAY S22"30'29E, 3,900.00 FEETMORE OR LESS TO THE SOUTHERLY LINE OF PALOMAR AIRPORT ROAD, VARIABLE WIDTH; THENCE (46) ALONG SAID SOUTHERLY LINE N6&04'37"W, 185.97 FEET TO THE EASTERLY LINE OF CARLSBAD BOULEVARD, VARIABLE WIDTH; THENCE (ALL OF THE REMAINING COURSES ARE ALONG SAID EASTERLY LINE OF CARLSBAD BOULEVARD) (47) S1lo49'19"W, 68.46 FEET; THENCE (48) S10"54'30W, 110.29 FEET; THENCE (49) S07"37'57"E, 204.32 FEET; THENCE (50) S17"30'33"E, 305.67 FEET; THENCE (51) S24"44'16E, 2,154.27 FEET TO A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 5,080.00 FEET, THENCE (52) SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03"42'23", AN ARC DISTANCE OF 328.62 FEET TO A POINT ON A NON- TANGENT LINE; THENCE (53) ALONG SAID NON-TANGENT LINE S2426'19E, 342.37 FEET; THENCE (54) S63"49'401E, 141.43 FEET; THENCE (55) S14"35'5 1"E, 425.67 FEET; THENCE (56) S17"19'22"E, 132.00 FEET; THENCE (57) S18"05'14"E, 1,834.10 FEET TO A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 19,846.00 FEET; THENCE (58) SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01"03'48", AN ARC DISTANCE OF 368.32 FEET TO A TANGENT LINE; THENCE 5 - c (59) S19"09'02"E, 1,703.61 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THE LAND WITHIN THE SEVEN (7) SUBDIVISIONS RECORDED AS MAP NOS. 2692, 2758 2867, 3212, 3371,4064, AND 6347 RECORDS OF SAN DIEGO COUNTY. CONTAINING: 555.5 ACRES MORE OR LESS. Doc: 99031.LEG 11/02/99 6 PROOF OF PUBLICATION (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 limes-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and San Diego County; 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: JW-B, 10, 14, 24, 25, 2000 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at , California Marcos 26th this day Jur.e, 2000 of This space is for the County Clerk's Filing Stamp CITY OF CARLSBAD CrplcLERmOmcrr Proof of Publication of Notick of J0ir.t Public Hrarkg I NOTICE OF JOINT PUBLIC HEARINO ON THE PROPOSED REDEVELOPMENT PUN FOR THE SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT MIS PUBLIC HEARING WAS ORIQINALLY NOTICED FOR JUNE 20- AND HAS BEEN CONTlNUEDTO JUNE 27,2OOO. NOTICE fS HERLEY Q" that the Crty Counal of the Qty of Carkbad ('City Council') and W $abbad Hwmg and Redevelapmml Commirsion VChnmtm') will hold a joint public hesrlng on Tuesday June 20 2oDp at Sa am in the co~ndf ctmm~~~ IOWM at 1200 Carlsbad VNIage mve, Cadbad, Caibmia, to dons&, i u'upon the proposed tWwWmml plpn ('RedRslopnant Plan') for the South Carisbed Coastal Redevefopnsant Pqea ('Projecr) urd m camlder aW svidenca sndtratmony lor or ag~~nsl the approval and SdOptKIn of the Ral8Wopmetd Pan. AI any BR1ORet~~~hOUTMIkRh~101MbheclrmgofcwnmenBwrhdble~on*lo!hlprOpdSBdR~P~n, ~ any pm my fib in Wmrno with the City Clerk of the CHy of Cerlsbad, a statement of objeenm to the prapmd R.devebpment Plpn. At the day, hour, and place d the hearing. persons having corn- of objeuiom to the pr- WJec! Area Pndlor Suepaon the regularrty of any 01 the pdur proceedings, may aop~ar bebre the c#v Coundi and CMnmraniOn. shoMng caw to why the pmposed Redevelopment Plan should not be adopted A msp d the pmposed Prc+ed Area IS mntained hwewnh as Exhibit A A legal descripimn of the prw Am is available ' upon nsquest, frw of charge, at the o(flces 01 the CHy Clerk and Commisdon. I Office of the CHy Clerk 1200 Carlsbad Vlllage Drive Carlsbad, CA 82008 Carlsbad Housing and Commissm 2965RooseVen Street, Suite B I carlsbod, CA azm I lntwe8led persoos may inspect and. upon payment d the costs of reproduction, obtain copies of the Projects popoaed Redevelopment Plan, Owner Participation Rules. Final Environmental Impact Report, and other pertinent documents. By order d the City Council and the Carlsbad Housing and Redevelopment Commission. Date: June 7. Ma0 Legal 67337. June 10,14,24,25,2cX)o - NORTH COUNTY TIMES Legal Advertising