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HomeMy WebLinkAbout2005-06-28; City Council; 18188; Ponto Beachfront Village Vision PlanAB# 18,188 TITLE: MTG. 6/28/05 DEPT. HD. DEPT.HSG&REDEVI - PLN Project application(s) Administrative Approvals Mitigated Negative Declaration General Plan Amendment GPA 05-04 Local Coastal Program Amendment LCPA 05-01 Ponto Beachfront Village Vision Plan - DI 05-01 Reviewed by and Final at Planning Commission To be Reviewed - Final at Council X X X X PONTO BEACHFRONT VILLAGE VISION PLAN GPA 05-04/LCPA 05-01/DI 05-01 CITY ATTY. CITY MGR RECOMMENDED ACTION: That the City Council ADOPT Resolution No. , ADOPTING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and APPROVING an amendment to the text of the Land Use Element of the General Plan (GPA 05-04), and an amendment to the text of the Mello II and West Batiquitos Lagoon/Sammis Properties Segments of the Local Coastal Program (LCPA 05-01), and ADOPT Resolution No. , APPROVING the Ponto Beachfront Village Vision Plan (DI 05-01) based on findings and subject to the conditions contained therein. 2005-21 1 2005-212 On May 4, 2005, the Planning Commission voted 4-0-3 (Dominguez, Heineman, and Montgomery absent) to recommend to the City Council adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and to recommend approval of a General Plan Amendment, Local Coastal Program Amendment and the Ponto Beachfront Village Vision Plan. The Ponto Beachfront Village Vision Plan is intended to guide future development in the Ponto area of the city by encouraging a mixed-use, active pedestrian and a bicycle-oriented area with a strong sense of place, village atmosphere and unique character of design. The Vision Plan contains a vision statement, desirable land uses, a proposed vehicular and pedestrian circulation system and design guidelines. In order for future development proposals to be guided by the Plan and in order to allow the city to review future proposals for compliance with the intent of the Plan, it is necessary to amend the city’s General Plan and Local Coastal Program to incorporate a reference to the Ponto Beachfront Village Vision Plan. The General Plan Amendment (GPA 05-04) would amend the Land Use Element of the General Plan by referencing the Plan and including the Ponto Beachfront Village area as an area of “Special Planning Considerations”. This will allow the city to utilize the Plan as a guide in reviewing future development proposals in the area. The Local Coastal Program Amendment (LCPA 05-01) would amend the text of the Mello II and West Batiquitos Lagoon/Sammis Properties Segments of the Local Coastal Program, by adding references to the Plan similar to the proposed General Plan Amendment. The Planning Commission is recommending that the text of the Ponto Beachfront Village Vision Plan be amended such that in the Beachfront Resort character area the community trail and the pedestrianlbicycle bridge over the railroad are “required” rather than “encouraged”. Amended text PAGE 2 OF AGENDA BILL NO. 18,188 language has been included in the attached City Council Resolution (Exhibit 2) to implement this Planning Commission recommendation. A full disclosure of the Planning Commission’s actions and a complete project description and staff analysis of the proposed actions are included in the attached minutes and Planning Commission Staff Report, dated May 4, 2005. The Planning Commission and staff are recommending approval of the proposed actions. ENVIRONMENTAL: Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the Carlsbad Municipal Code (Title 19), staff conducted an environmental impact assessment to determine if the plan could have any potentially significant impact on the environment. The environmental impact assessment identified that future development in conformance with the Ponto Beachfront Village Vision Plan may have potentially significant impacts to agricultural resources, biological resources, cultural resources, noise, and transportationAraffic. Mitigation measures and a Mitigation Monitoring and Reporting Program have been placed as conditions of approval for the plan such that all potentially significant impacts have been mitigated to below a level of significance . The Planning Department issued a Notice of Intent to adopt a Mitigated Negative Declaration for the project on March 18, 2005. During the 30-day public review period (March 18, 2005 to April 17, 2005) two comment letters were received. The first was from the North County Transit District and the second letter was from the Native American Heritage Commission. In addition, at the request of the law firm of Worden Williams, representing residents of the Hanover Beach Colony located immediately north of the Ponto area, the City extended the 30-day public comment period to April 22, 2005. During this extended public comment period, Worden Williams also submitted a third comment letter. The three letters and staff responses are included with this report as a part of Exhibit 4. These comment letters raised concerns associated with future development in the Vision Plan area. The Vision Plan is intended to provide general guidance for future development in the area but it does not entitle any specific development proposals. The Mitigated Negative Declaration addressed all potential environmental impacts that are foreseeable at this time as a result of approval of the Vision Plan and the associated General Plan and Local Coastal Program Amendments. Mitigation measures to address the impacts that are foreseeable at the time of approval of the Vision Plan have been incorporated into the Mitigated Negative Declaration and with the inclusion of those mitigation measures the proposed Vision Plan would not have potentially significant environmental impacts. Therefore, the Planning Commission and staff are recommending that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program are appropriate and adequate for the actions presently under consideration. FISCAL IMPACT: The proposed project is an amendment to the General Plan and Local Coastal Program and approval of the Ponto Beachfront Village Vision Plan. It does not commit city resources nor does it generate revenue for the city at this time. As such, the actions do not presently have a fiscal impact on the city. EXHIBITS: 1. City Council Resolution No. 2005-21 1 , Mitigated Negative Declaration, GPA 05-04, and LCPA 05-01 2. City Council Resolution No. 2005-2 12 , DI 05-01 3. Location Map 4. Planning Commission Resolutions No. 5884, 5885, 5886, and 5887 PAGE 3 OF AGENDA BILL NO. 18,188 5. 6. 7. Planning Commission Staff Report, dated May 4, 2005 Draft Excerpts of Planning Commission Minutes, dated May 4, 2005 Ponto Beachfront Village Vision Plan, previously distributed. DEPARTMENT CONTACT: Debbie Fountain, (760) 434-2935, dfoun@ci.carlsbad.ca.us Gary T. Barberio. (760) 602-4606, gbarb(i3ci.carlsbad.ca.u.s 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2005-21 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM AND APPROVING A GENERAL PLAN AMENDMENT AND LOCAL COASTAL PROGRAM AMENDMENT TO INCLUDE REFERENCES TO THE PONTO BEACHFRONT VILLAGE VISION PLAN INTO THE LAND USE ELEMENT OF THE GENERAL PLAN AND THE MELLO II AND WEST BATIQUITOS LAGOON/SAMMIS PROPERTIES SEGMENTS OF THE CITY'S LOCAL COASTAL PROGRAM. CASE NAME: PONTO BEACHFRONT VILLAGE VISION PLAN CASE NO.: GPA 05-04/LCPA 05-01 WHEREAS, the Planning Commission did, on May 4, 2005, hold a duly noticed public hearing as egative Declaration and Mitigation (GPA 05-04), and adopted Planning Commission to the City day at they be approved; and, ring to consider said Program, General WHEREAS, at said pu ering all testimony eard, the City Council considered all toring and Report and arguments, if any, of all persons desirin Program, General Plan Amendment, and Local Coastal Program Amendment. NOW, THEREFORE, the City of Carlsbad, California does hereby resolve as follows: 1. That the above recitations are true and correct. 2. That the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 5884, 5885 and 5886 for the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment, and Local Coastal Program Amendment constitute the findings and conditions of the City Council in this matter. 4 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 3. That the Mitigated Negative Declaration and Mitigated Monitoring and Reporting Program are adopted as shown in Planning Commission Resolution No. 5884, on file with the City Clerk and incorporated here in by reference. 4. That the reco ommission for the approval ng Commission Resolution roved with GPA of the General Plan Amendment ( No. 5885 is hereby accepted, app Batch No. 2 of 2005, comprised of Lagoon/Sammis Pro approved as shown i and incorporated herein by reference. ffective until it is I Commission’s approval becomes effective. AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Cl$k (SEAL) 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2005-2 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE PONTO BEACHFRONT VILLAGE VISION PLAN WHICH IS INTENDED TO PROVIDE GUIDANCE IN REVIEWING FUTURE DEVELOPMENT PROPOSALS IN THE AREA GENERALLY LOCATED BETWEEN CARLSBAD BOULEVARD AND THE SAN DIEGO NORTHERN RAILROAD, NORTH OF BATIQUITOS LAGOON AND SOUTH OF PONTO ROAD. CASE NAME: PONTO BEACHFRONT VILLAGE VISION PLAN CASE NO.: DI 05-01 WHEREAS, the Planning Commission did, on May 4, 2005, hold a duly noticed public hearing to consider the Ponto Beachfront Village Vision Plan, and the Planning the City Council of to consider said and, WHEREAS, at said iI considered all NOW, THEREFO hereby resolve as follows: as recommended by the Planning Commission including the amended text as indicated in Exhibit “A to this resolution. 3. That the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 5887, constitute the findings and conditions of the City Council in this matter. . . .. G 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at / regular meeting of the City Council of the City of Carlsbad, California, held on the day , 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: / CLAUDE A. LEWIS, Mayor / ATTEST: I LORRAINE M. WOOD, City Clery (SEAL) of 1 Chapter “EXHIBIT A” to City Council Resolution No. 2005-21 2 Amended Text Ponto Beachfront Village Vision Plan 5 is amended as follows: LOCAL COASTAL PROGRAM (LCP) On the southern bluff edge overlooking Batiquitos Lagoon, bluff top accessways or equivalent overlook areas and a bike/pedestrian path shedd &aJ be provided. Land has been conveyed to the State Lands Commission as part of the Batiquitos Lagoon Enhancement Plan (BLEP), and any activities must be consistent with BLEP. Chapter 2, Page 6 is amended as follows: Beachfront Resort The required Pperimeter trail &aJ links to the regional trail system and shall provides a crossing over the railroad tracks. The required A community trail shall be open to the public variety of seating areas to take advantage of the views to lagoon and ocean. offers pedestrian amenities and a Minor grade separations and landscaping are used to create a soft delineation between public and private areas along the required trail. Direct access to the required trail is provided along the rear of the resort. Chapter 2, Page 25 is amended as follows: Beachfront Resort Community Trail A required public trail around the perimeter of the Beachfront Resort ensures that the large development does not preclude community views to the lagoon and ocean. Instead, the resort becomes a community amenity and is an integral part of the Ponto Beachfront Village. A multi-use trail approximately ten to twelve feet wide is envisioned, with landscaped edges, interpretive signage, and occasional seating areas along the required path. The required trail will eventually wrap around Avenida Encinas via a parallel route with the railroad. “EXHIBIT A” to City Council Resolution No. 2005-212 Amended Text Ponto Beachfront Village Vision Plan (Continued) Chapter 2, Page 26 is amended as follows: Connection to Regional Trail System A link to the regional trail system by means of a required pedestrianhicycle bridge over the railroad tracks +pqesed shall be provided. The bridge would be located at the southeast corner of the Beachfront Resort Hotel grounds, atop the bluff overlooking Batiquitos Lagoon. The required bridge would connect the Beachfront Resort’s required community trail to the regional trail in the Poinsettia Shores residential community, with access to the trail running behind homes along Stem Way and also the north-south trial along the railroad right-of-way. Chapter 3, Page 7 is amended as follows: BUILDING ORIENTATION AND SITE DESIGN Resorts and hotels should provide publicly accessible amenities (such as trails, putting course, restaurants, and retail). For the beachfront resort, a public trail that encircles the property &iJl s+haik€ be integrated into the development. 9 EXHIBIT 3 PONTO BEACHFRONT VILLAGE VISION PLAN GPA 05-04/LCPA 05-01/DI 05-01 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 4 PLANNING COMMISSION RESOLUTION NO. 5884 A RESOLUTION OF THE PLANNING COJhOftSSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR A GENERAL PLAN AMENDMENT AND LOCAL COASTAL PROGRAM AMENDMENT TO INCLUDE REFERENCES TO THE PONTO BEACHFRONT VILLAGE VISION PLAN INTO THE LAND USE ELEMENT OF THE GENERAL PLAN AND THE MELLO I1 AND WEST BATIQUITOS/SAMMIS PROPERTIES SEGMENTS OF THE CITY’S LOCAL COASTAL PROGRAM. CASE NAME: PONTO BEACHFRONT VILLAGE VISION PLAN GPA 05-04LCPA 05-01/DI 05-01 CASE NO.: WHEREAS, the City of Carlsbad, “Applicant,” has filed a verified application with the City of Carlsbad regarding property described as the areas known as the Ponto Beachfront Village Area generally located between Carlsbad Boulevard and the San Diego Northern Railroad, north of Batiquitos Lagoon and south of Ponto Road (“the Property”); and WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 4th day of May, 2005, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, &d considering any written comments received, the Planning Commission considered all factors relating to the Mitigated Negative Declaration, and the Mitigation Monitoring and Reporting Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) B) Findings: That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative Declaration and the, Mitigation Monitoring and Reporting Program according to Exhibit “ND,” according to Exhibits “NOI” dated March 18, 2005, and “PII” dated March 1, 2005, attached hereto and made a part hereof, based on the following findings: 1. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed and considered the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the Ponto Beachfront Village Vision Plan - GPA 05-04LCPA 05-01/DI 05-01, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and d. based on the EIA Part I1 and comments thereon, the Planning Commission finds that there is no substantial evidence the project will have a significant effect on the environment, provided the following mitigation measures are incorporated into future development in the area: 1. Agricultural Resources Prior to approval of any future development within the Vision Plan Area, all lands identified on Map X of the Mello I1 Segment of the Local Coastal Program shall require compliance with the agricultural conversion requirements (Policy 2-1). ii. Biological Resources - Implementation of the following mitigation measures, at a minimum, shall apply to future development projects: A. A comprehensive, site-specific biological resource report must be prepared prior to environmental review of any future projects proposed on the project site. B. Development applications for future development shall conform to the City of Carlsbad’s Habitat Management Plan. C. Consistent with setback and buffer requirements of the City of Carlsbad Habitat Management Plan, all future development shall be sited at a proper distance from designated open space areas such that brush management areas would not impact PC RES0 NO. 5884 -2- 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 ... ... ... ... ... ... ... ii. iii. iv. PC RES0 NO. 5884 sensitive wetlands, maritime succulent scrub, disturbed southern coastal bluff scrub, and disturbed coastal sage scrub or areas revegetated with native plants as part of a mitigation program. Impacts to the onsite drainage within the future development area should be mitigated for onsite through preparation and implementation of a wetland enhancement plan. D. Cultural Resources Because there may be a subsurface component, all development projects proposed within the 50-acre development area in the future shall be required to complete additional testing to establish condition, content, and research potential of any significant cultural or paleontological resources or human remains. Noise Future onsite development will require preparation of a project- specific noise analysis to identify potential noise impacts, as well as cumulatively considerable noise impacts. All mitigation measures identified within a project-specific noise impact analysis will be required to reduce impacts to a level less than significant and consistent with noise standards given in the City of Carlsbad Noise Element. Transportationl'Traffic Future development projects shall contribute a fair share contribution to the following intersection improvements: 0 Poinsettia Lanepaseo del Norte: Widen the westbound approach to include the following lane geometry: one left-turn lane, two through lanes, and one right turn lane. Restripe the southbound approach to include one left turn lane, one through lane, and one right turn lane. -3 - 13 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 Commissio PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning of the City of Carlsbad, California, held on the 4th day of May, 2005, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Cardosa and Whitton NOES: ABSENT: ABSTAIN: Commissioners Dominguez, Heineman and Montgomery ATTEST: Assistant Planning Director PC RES0 NO. 5884 -4- CASE NAME: PROJECT LOCATION: Ponto Beachfront Village Area generally located between Carlsbad Boulevard and the San Diego Northern Railroad. north of the Batiauitos Lagoon and south of Ponto PONTO BEACHFRONT VILLAGE VISION PLAN CASE NO: GPA 05-04LCPA 05-0 1 PROJECT DESCRIPTION: Amendment to the Land Use Element of the General Plan and the Mello I1 and West Batiquitos/Sammis Properties segments of the City’s Local Coastal Program to include references to the Ponto Beachfront Village Vision Plan which has been prepared to guide hture development in the Ponto Beachfront Village Area. DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, and the City of Carlsbad finds as follows: Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. The proposed project MAY have “potentially significant impact(s)” on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. (Mitigated Negative Declaration applies only to the effects that remained to be addressed). Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATJVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing hrther is required. A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED: ATTEST: , pursuant to Planning Commission Resolution No. DON NEW Assistant Planning Director 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us - City of Carlsbad - -- NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLkRATION - CASE NAME: PROJECT LOCATION: Ponto Beachtiront VilIa.ge Vision Pfan Ponto Beachfront Village Area generally located between Carlsbad Boulevard and the San Diego Northern Railroad, north of Batiauitos La,ooon and south of Ponto Road CASE NO: GPA 05-04LCPA 05-01 PROJECT DESCRFIXON: Amendment to the Land Use Element of the General Plan and the Mello ZI and West Batiquitos/Sammis Properties segments of the city’s Local Coastal Program to include refkences to the Ponto BeacMont Village Vision Plan whlch has been prepared to ,&de future development in the Ponto BeacMont Village Area. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EL4 Part 2) did not identi.@ any potentially significant impacts on the environment. Therefore, a Mitigated Negative Declaration will be :recommended for adoption by the City of Carlsbad Planning Commission and City Council. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments fkom the public are invited. Please submit comments in Writing to the Planning Department within 30days of the date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and approvdadoption by the City of Carlsbad ~lanning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have my questions, please call Gary Barberio in the Planning Department at (760) 602-4606. PUBLIC REVIEW PERIOD March 18,2005 throu.41 April 17.2005 PUBLISH DATE March 18,2005 1535 Faraday Avenue 9 Carisbad, CA 92008-7314 (760) 6024600 FAX (760) 602-8559 * www.q@+J8$$@a.us @ ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART TI (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: GPA 05-04, LCPA 05-01 DATE: March 1.2005 - BACKGROUND 1. 2. 3. 4. 5. 6. 7. 8. 9. CASE NAME: Ponto Beachfront Village Vision Plan LEAD AGENCY NAME AND ADDRESS: City of Carlsbad, 1635 Faraday Avenue. Carlsbad, CA 92008 CONTACT PERSON AND PHONE NUJMBER Gary T. Barberio - (760) 602-4606 PROJECT LOCATION: South of Poinsettia Lane (west of Carlsbad Boulevard) and south of Po& Road (east of Carlsbad Boulevard), north of Batiauitos Lagoon, east of South Carlsbad State Beach & Camwround. and west of the San Dieno Northern Railroad (APNs 214-160-04. - 05, -06, -10, -11. -13. -19, -20, -21, -24. -25, -27, -29. -34. -35. -36.24: 214-170-1 1: 214-590-04: 216-010-01, -02. -03, -04, -05: and 216-140-17. -18) PROJECT SPONSORS NAME AND ADDRESS: Deborah Fountain, Director, City of Carlsbad DeDartment of Housing and RedeveloDment. 2965 Roosevelt Street, Suite B, Carlsbad. CA 92008 (760) 434-2935 GENERAL PLAN DESIGNATION. RMH (Medium-High Residential (8-15 ddac): T-R [TravelRecreation Commercial): UA (Unrkmned Area): and C (Community Commercial) ZONING: CT (Commercial Tourist): CT-O/RD-M-O (Commercial Tourist - Oualified Develoument OverlavResidential Density - Multiule - Oualified Develoument Overlav: PC planned Community); and RD-M - 0 Residential Density - Multiple - Oualified Development Overlay) OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQU~RED (i.e., permits, fiancing approval or participation agreements): California Coastal Commission PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: Request for approval of amendments to the City of Carlsbad’s General Plan and Local Coastal Program Land Use Plan to designate the “Ponto Beachfront Village Area” as an area of “Special Planning Considerations,” to be developed under the guidance of the Ponto Beachfront Village Vision Plan. The Vision Plan will serve as a framework for creation of an active pedestrian- and bicycle-oriented mixed use area with up to three hotels, townhomes (15-23 ddac), live/work units, tourist- and community-serving commercial uses, parking facilities, and community facilities. 1 17 The Vision Plan provides overall guidance for development of the Ponto area, as it designates six distinct character areas (Mixed Use Center, Beachfront Resort, Townhouse Neighborhood, Village Hotel, Live-Work Neighborhood, and Garden Hotel); provides a detailed description of the intent for each area, lists its permitted uses, addresses parking needs and commuriity amenities, and has design guidelines for each area’s architectual design, building orientation, and site design; establishes a circulation system that provides for vehicular, pedestrian, and bicycle . uses, and connections both within the Ponto area and to adjacent land uses; designates gateway types, locations, and design concepts; designates specific plant palettes for landscaping uses; suggests wayfiiding progrq elements, street furniture styles, and incorporation of public art; and provides design guidelines for pedestrian plazas and courtyards, landscaping, parking lots, parking structures, and commercial signs. Subsequent implementation of the Ponto Vision Plan by individual developers would require the appropriate City of Carlsbad discretionary permits; permits under the jurisdiction of other agencies, such as the California Coastal Commission, Army Corps of Engineers, and California Department of Fish and Game; and environmental review, including any required technical studies. . - The Ponto area is located south of the Hanover Beach Colony residential development south of Poinsettia Lane, east of the South Carlsbad State Beach and Campground, north of the Batiquitos Laguon and La Costa Avenue, and west of the San Diego Northern Railroad. The area currently consists of 16 lots with residences or small light-industrial type businesses totaling approximately 8 acres and 11 vacant lots totaling approximately 42 acres. Access to the area would be from existing Ponto Drive at both the north and south ends, existing Avenida Encinas just east of its intersection with Carlsbad Boulevard, and a new public street off Carlsbad Boulevard between its intersection with Ponto Drive and Avenida Encinas (referred to as Beach Way in the Vision Plan). Surrounding land uses are the Hanover Beach Colony residential neighborhood to the north, the San Diego Northern Railroad tracks and right-of-way and the San Pacific0 neighborhood to the east, Batiquitos Lagoon to the south, and the South Carlsbad State Beach and Campground to the west. The Ponto Vision Plan area is located in the Mello II Segment of the Local Coastal Program. - 2 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. 0 Aesthetics 0 Geology/Soils Noise - Agricultural Resources 0 Air Quality Biological Resources Cultural Resources ‘ [7 HazarddHazardous Materials and Housing Hydrology/Water Quality 0 Land Use and PIanning [7 Public Services Recreation 0 Mineral Resources UMandatory Findings of . . Significance Transportatioflraffic Utilities & Service Systems 3 DETERMINATION. (To be completed by Le Leal - I find that the proposed project COULD NOT have a sigdicant effect on the environment, and a NEGATIVE DECLARATION will be prepared. - I find that although the proposed project could have a significant effect on the environment, there will not be a sigmficant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a sigruficant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have ‘potentially signtficant impact(s)” on the environment, but at least one’potentially si&icant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as descnied on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that eaflier E”MENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. . / 3/8/0$-- Planning Director’s Signature Date 4 Rev. 07/03/02 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information . to use as the basis for deciding whether to prepare an Environmental Impact Report (Em), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. - - 0 A brief explanation is required for all answers except ‘Wo Impact” answers that are adequately supported by an information source cited in the parentheses following each question A ‘Wo Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. 0 “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. 0 ‘‘Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation meas$res has reduced an effect fiom “Potentially Significant Impact“ to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must descriie the mitigation measures, and briefly expIain how they reduce the effect to a less than significant level. 0 “Potentially Sigmficant Impact” is appropriate if there is substantial evidence that an effect is siflcantly adverse. 0 Based on an “EIA-Part II”, if a proposed project could have a potentially significant adverse effect on the environment, but glJ potentially sigdicant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no‘ additional environmental document is required. 0 When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Ovemding Considerations” has been made pursuant to that earlier EIR. 0 A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. 0 If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than sigmiicant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. . 5 Rev. 07/03/02 0 An EIR must be prepared if“PotentiaI1y Si&cant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially sigmficant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to &tigation measures that reduce the adverse impact to less than significant; (2) a “Statement of Ovemding Considerations” for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the . EIA-Part 11 analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially sigrufic&t effect to below a level of significance. . A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF E”MENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined sigmficant. 6 Rev. QllQ31Q2 Issues (and Supporting Information Sources). Potentially Significant Impact I. . AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? II. AGRICULTURAL RESOURCES - (In determining whether impacts to agricultural resources are significant envirokntal effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in .&e existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? Ill. AIR QUALITY - (Where available, the simcance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contriibute substantially to an existing or projected air quality violation? 17 0 Potentially Significant Mitigation significant - : No Incorporated Impact Impact Unless Less Than 17 IZ 0.. 17 IXIO uIx1 I3 CI UIXI (x1 nu nrxr 0 UIXI 7 Rev. 07/03/02 33 Issues (and Supporting Information Sources). Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact Potentidly Significant Impact No .Impact . 0 0 0 c) .Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? CI 01 cl 0 IXI d) Expose sensitive receptors to substantial pollutant concentrations? IXI e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES - Would the project: 0 IXI a) Have-a substantial adverse effect, either directly or through habitat modifcations, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? IXI b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or US. Fish and Wildlife Service? a 0 ' c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological intermption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife comdors, or impede the use of native wildlife nursery sites? IXI 0 (XI IXI e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 0 0 O f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? 0 g) Impact tributary areas that are environmentally sensitive? Rev. Q7lO3JQ2 8 Issues (and Supporting Information Sources). Potentially * Significant Potentially Unless Less Than Significant Mitigation Significant - No Impact Incorporated Impact Impact V. CULTURAL RESOURCES -Would the project: cl (7 CI IXI- €4 no Cause a substantial adverse change in the significance of a historical resource as defined in Q 15064.5? Cause a substantial adverse change in the si@- cance of an archeological resource pursuant to Q 15064.5? - 0 on Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? cl IXI cln Disturb any human remains, including those interred outside,of formal cemeteries? VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Pnolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 0 n IX10 0 IXIO ii. Strong seismic ground shaking? 0 NO iii. Seismic-related ground failure, including liquefaction? iv. Landslides? El Result in substantial soil erosion or the loss of topsoil? 0 0 [XI0 Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? Be located on expansive soils, as defined in Table 18 - I-B of the Uniform Building Code (1997), creating substantial risks to life or property? U 0 BCI 9 Rev. 07103l02 Issues (and Supporting Information Sources). Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated 0 0 e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? M. HAZARDS AND aAzARDOUS MATERIALS - Would the project: Create a sigmficant hazard to the public or the environment through the routine transport, use, or Wosal of hazardous materials? Create a sisnificant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? En& hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? For a project within an airport land use plan, or where such a ph has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? For a project within the vicinity of a private airstrip, would the project result in a safety hazard, for people residing or working in the project area? Impair implementation of or physicdy interfere with an adopted emergency response plan or emergency evacuation pl.an? Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? MII. HYDROLOGY AND WATER QUALITY - Would the project: 0 cl 0 0 CI 0 0 0 0 0 CI CI CI 0 Less Than Significant No Impact Impact . OEI - - 0 0 0 CI 0 0 0 0 mu a) Violate any water quality standards or waste discharge requirements? 10 Rev. 07tQ3lQ2 41 Issues (and Supporting Information Sources). Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Impacts to groundwater quality? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? . ‘ substantia1ly alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow .rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off- site? Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runof€? Otherwise substantially degrade water quality? Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? Place within 100-year flood hazard area,structures, which would impede or redirect flood flows? Expose people or structures to a significant risk of loss injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Inundation by seiche, tsunami, or mudflow? Increased erosion (sedment) into receiving surface waters. Increased pollutant discharges (e.g., heavy metals,’ pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? PotentialTy Impact Significant El cl 0 CI I7 0 0 17 0 0 Potentially Significant Unless Less Than Mitigation Significant Incorporated Impact 0 IXI No [mpact cl Ix1 0 ‘(XI CI 0 0 0 CI IXI cl 0 0 a. cl 11 Rev. 07/03/02 Issues (and Supporting Information Sources). Potentially Significant Ix. X. XI. n) Changes to receiving water quality (marine, fiesh or wetland waters) during or following compuction? 0) Increase in any pollutant to an already irnpaired water body as listed on the Clean Water Act Section 303(d) list? p) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? LAND USE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any .applicable habitat conservation plan or natural community conservation plan? MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a lcnown mineral resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? NOISE - Would the project result in. Potentially Significant Impact El 0 0 13 0 unless Mitigation Incorporated CI 0 IXI 0 IXI a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? 0 IXI 0 IXI c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant Impact IXI -_ El (XI El IXI [XI 0 0: No .-act 0 CI nu on clcl 12 Rev. 07/03/02 Issues (and Supporting Information Sources). Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact -Impact . 0 0 om e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 0 OB f) For a project within the vicinity of a private airstrip, would the project expose people residing or worlung in the project area to excessive noise levels? XII. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other hfhstructure)? b) Diiplace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? 0 17 0 0 0 c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? WI. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? XIV. RECREATION a) Would the project increase the use of existing neighborhood and .regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 0 cl 13 Rev. 07103lO2 019 Issues (and Supporting Information Sources). b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? XV. TRANSPORTATIONITRAEFIC - Would the project: Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i-e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Result in inadequate emergency access? Result in insufficient parking capacity? Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Have sufficient water supplies available to serve the project fiom existing entitlements and resources, or are new or expanded entitlements needed? Potentidly Significant Impact 17 0 0 cl 0 0 CI 0 0 0 0 Potentially Significant Unless Mitigation Incorporated 0 Ixl [XI cl 0 0 0 0 0 0 cl cl 14 Rev. 07/03/02 30 Issues (and Supporting Information Sources). Potentially Sigmticant Unless Less Than Mitigation Significant Incorporated Impact Potenti&€y Significant Impact No .mJact e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? f) Be served by a landfill .with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? 0 0 0 g) Comply with federal, state, and local statutes and regulations related to solid waste? XW. MANDATORY FIM)INGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality ‘of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? cl 0 b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumula- tively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) I CI c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? 0 XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program E& or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Idenhfy earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checkljst were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are “Less Than Significant with Mitigation Incorporated,” describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 15 Rev. 07/03/02 PROJECT DESCRIPTION/ENVIRONMENTAL SETTING Environmental SettindSite DescriDtion The Ponto Beachfiont Village Vision Plan area is an approximately 130-acre, relatively narrow strip-of land, approximately 1/8 mile wide and 1-1/2 miles long, located between CarIsbad Boulevard and the San Diego Northern Railroad tracks and right-of-way. Portions of the plan area extend north to Poinsettia Lane and south to La Costa Avenue. Under the Ponto Beachfiont Village Vision Plan, the area considered viable for future development consists of approximately 50 acres. This development area is generally defined with a northern limit at the existing - intersection of Ponto Drive with Carlsbad Boulevard, and a southern limit at the Batiquitos Lagoon. The project site is currently vacant, with the exception of a cluster of single-family residences, some of which have onsite small-scale, light-industrial type businesses. Surrounding land uses include the Hanover Beach Colony residential neighborhood to the north, the San Diego Northern Railroad tracks and right-of-way and the San Pacific0 residential neighborhood to the east, Batiquitos Lagoon to the south and the South Carlsbad State Beach and Campground to the west. The project site is located on a westerly sloping series of well-defined coastal terraces above the Pacific Ocean. Onsite elevations across the study area for the project range -from approximately 80 feet above mean sea level (amsl) on top of the bridge abutments at the Poinsettia Lane overcrossing of the San Diego Northern Railroad to 0 feet am1 along the Pacific shoreline and within Batiquitos Lagoon. Topography in the Ponto area is generally very gently sloping, although there are some areas with greater elevational change. The area south of Avenida Encinas is a bluff area with exce2lent views out to the Batiquitos Lagoon and the Pacific Ocean. A high point in elevation occurs at the intersection of Ponto Drive and Avenida Encinas. Ponto Drive slopes down into the area of lowest elevation, where the former off-ramps and underpass for Old Highway 101 were located. Six sensitive vegetation communities were identified onsite within the 130-acre study area and include: coastal brackish marsh, southern coastal sage scrub, -freshwater marsh, maritime succulent scrub, disturbed southern coastal bluff scrub, and disturbed coastal sage scrub. In addition, the site supports five U.S. Army Corps of Engineers (USACE) and California Department of Fish and Game (CDFG) wetlandriparian areas. The remainder and majority of the site supports five additional land cover types: beach, disturbed lands, developed areas, open water, and non- .vegetated floodway. Within the 50-acre future development area, disturbed coastal sage scrub and jurisdictional waters were identified as sensitive habitat. Proposed development will be limited to the disturbed area. Soils onsite are generally Quaternary Terrace Deposits that generally consist of moderately consolidated, poorly indurated clean sands, silty sands and clayey sands. Portions of the site also support Land Derived Fill and Hydraulic Fill resulting fkom engineered Nls associated with the railroad and area roadway improvements, as well as dredging operations within the Batiquitos Lagoon. Regulatory Setting The Ponto Beacsont Village Vision Plan area has the following General Plan land use designations: UA - Unplanned Area TR/C - TraveVRecreation CommerciaYCommmity Commercial RMH - Residential Medium High (8-15 dwelling unitdacre) RMWTR - A dual designation indicating that with fi,uther planning, one or both uses may be appropriate OS - Open Space and Community Parks TR - TraveVRecreation Commercial In addition to the existing General Plan designations listed above, the Ponto Beachfront Village Vision Plan area has three zoning designations: PC - Planned Community CT - Commercial Tourist RD-M-Q - Residential Density - Multiple zone with Qualified Development Overlay A portion of the property is designated with a dual zone CT-QRD-M-Q, which indicates that with further planning, one or both uses may be appropriate. In addition to the existing zoning and General Plan designations, the Ponto Beachfront Village Vision Plan property is also subject to the following regulatory plans: 16 South Carlsbad Coastal Redevelopment Area Existing RMH (Residential Medm High - 8 to 15 dwelling units per acre) RMH/TR (’Residential Medium High and’or A portion of the property is within the South Carlsbad Coastal Redevelo6ment Area (SCCRA) and subject to the Redevelopment Permit process, which is administered by the City’s Housing and Redevelopment Department. Local Coastal Program Proposed Special Planning Considerations Area Special Planning Considerations Area The Ponto Beachfront Village Vision Plan area is located with the coastal zone. The vision plan area is located within the Mello II Segment Land Use Plan, one of six segments included in the City’s approved Local Coastal Program. - ;Travel/Recreation Co&cial) UA (Unplanned Area) Poinsettia Properties Specific Plan (SP 21 0) Special Planning Considerations Area The Poinsettia Properties Specific Plan directs development of a 92-acre transit oriented residential development community located primarily north of the Ponto Beachfront Village Vision Plan area. Approximately 1.5 acres of the Ponto Vision Plan Area is also included within the specific plan area. This area is referred to as Planning Area I in the Specific Plan. It is located in the northwest comer of the Ponto Village Vision Plan, adjacent to Carlsbad Boulevard and Ponto Road. Per the Specific Plan, the land use for the 1.5-acre area is intended for commercial uses that serve the traveling public and beach visitors. OS (Open Space and Community Parks) Poinsettia Shores Master Plan (MP I7S(c)) Special Planning Considerations Area The PoinsettiiShores Master Plan area (PSMF’), amended May 12, 1994, includes approximately 23.5 acres that are also included within the Ponto Beachfkont VilIage Vision PIan. The Poinsettia Shores Master Plan Area is broken down into 17 Planning Areas, three of which are located witbin the vision plan boundaries: Areas F, G and H. These areas feature travel service/commercial use, open space and an unplanned area. i=ommercial/Community Commercial) TR (TravelRecreation Commercial) Local Facilities Management Plans (LFMP) Special Planning Considerations Area Local Facilities Management Plans address future development’s demand on public services and facilities. The Ponto BeacWont Village Vision Plan is located within the LFMPs for Zones 9 and 22. Project DescriDtion The project proposes to amend the City of Carlsbad’s General Plan and Local Coastal Program Land Use Plan to designate the Ponto Area as an area of “Special Planning Considerations,” to be developed under the guidance of the Ponto Beachfiont Village Vision Plan. Future development proposals within the Ponto Beachfront Village area may be required to propose General Plan and Local Coastal Program land use reclassifications and city-wide and Local Coastal Program zone changes that will be evaluated as part of the discretionary approval process. The Ponto Beachfiont Village Vision Plan is intended to create an active pedestrian- and bicycle-oriented mixed-use area with up to three hotels, townhomes (15-23 dwelling units per acres - ddac), live/work units, tourist- and community- serving commercial uses, parking facilities, and codunity facilities. I Eemecreation 1 Special Planning Considerations Area 17 33 The City has identified the following goals for the Ponto Beachfi-ont Vision Plan: 0 Establish the Southern Coastal Gateway to the City. 0 Accommodate a balanced and cohesive mix of local and tourist serving commercial, medium- and high-density residential, mixed use, live work, and open space land use opportunities that are economically viable and support the implementation of these goals. 0 Provide site design guidelines that require streetscenes and site plans to respect pedestrian kale and express a cohesive and high quality architectural theme. 0 Establish a pattern of pedestrian and bicycle accessibility that links the planning areas internally as well as with adjacent existing and planned pedestrian and bicycle facilities. 0 Provide expanded beach access. 0 Establish a mixed-use district that encourages local and tourist-oriented retail, commercial, recreational and residential uses. 0 Require landscape architecture that celebrates the historic past and horticultural heritage of the City. 0 Ensure that public facilities and services meet the requirements of the Growth Management Plan. 0 Conform with the General Plan, Amended Zone 9 and 22 Local FaciIities Management Plans, and applicable City ordinances, regulations and policies. The Ponto BeacMont Village Vision Plan identifies key infrastructure development to be implemented through future development proposals, City action, or a combination of the two. Key infrastructure improvements identified in the plan include a realignment of Carlsbad Boulevard and relocating existing underground and overhead utilities on the property. I. AESTaETICS Less than Significant Impact (a - d). Future development of the Ponto Village area will be consistent with the design guidelines set forth in the Ponto Beachfiont Village Vision Plan. Design guidelines are provided in the Vision Plan to reduce potential substantial adverse effects resulting fiom future development of the site, and include design measures pertaining to scale, number of stones and screening of mechanical equipment among other design elements. The design guidelines will be applied to individual development projects within the Ponto area as part of the City’s review of discretionary land use permits. Design elements of each development project will be reviewed on an individual and comprehensive basis by the appropriate review authority. Future deveIopment will also be consistent with City policies pertaining to lighting requirements. The proposed project will therefore have a less than significant impact on any scenic vista or other scenic resource. II. AGRICULTURAL RESOURCES Potentially Significant Unless Mitigation Incorporated (a and b no impact, c; Potentially Significant Unless Mitigation Incorporated). The proposed amendments to the existing General Plan and Local Coastal Program will not result in significant impacts to agricultural resources. However,.one individual property at the northern boundary within the Ponto Vision Plan Area is identifed in the Mello 11 Segment of the Local Coastal Program (Map X), and will require compliance with the agricultural conversion requirements when future development occurs (PoIicy 2-1). This loss of agricultural land within the coastal zone would not be considered a si@cant impact as the Local Coastal Program Mello II Segment agricultural conversion requirements would reduce impacts to less than significant. Therefore, no significant impacts to agncultural resources would occur with the proposed amendments to the General Plan and Local Coastal Program. 18 34 III. AIRQUALITY Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. The proposed amendments to the General Plan and Local Coastal Program would not result in significant impacts related to air quality. The project site is located in the San Diego Air Basin which is a federal and . state non-attainment area for ozone (03) and a state non-attainment area for particulate matter less than or equal to 10 microns in diameter (PMlo). The periodic violations of natio~~tl Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SNAG). - A plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9* through 10* in 1994, and was forwarded to the Environmen;tal Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. Future development will relate to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city’s and the County’s general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. - Section 15125(B) of the State of CaIifomia Environment Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality ‘management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. An analysis was conducted to assess the number of vehicle trips generated by development of the same project area under the existing General Plan land use designations, if the Ponto Vision Plan were not implemented. The analysis determined that, based on the existing General Plan Land Use designations, build-out of the site would generate a maximum of approximately 15,528 trips per day, which includes a maximum of approximately 616 am peak hour trips and approximately 1,452 p.m. peak hour trips. Please see Table 2 under the traffic analysis discussion in Section 2CV of this document. Development under the Ponto Vision Plan would result in fewer total traffic trips than would development of the same area under the existing General Plan land use designations. Please see Table 4 in Section XV. As such, the proposed Ponto Vision Plan is consistent with the growth assumptions used to develop the SIP and RAQS and potential impacts to regional air quality are considered less than siwcant. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? No Impact. The proposed amendments to the General Plan and Local Coastal Program would not result in signXcant impacts to air quality. Future development on the site would require preparation of an air quality assessment on a project-specific basis. Development of the site would result in minimal short-term emissions associated with grading and construction. Standard construction measures such as the use of properly maintained equipment and watering the site for dust control would minimize emissions. Long-term emissions associated with vehicular travel of visitors and residents to and firom the project site will be minimal. Although air pollutant emissions would be associated with future development of the site, they would likely comprise only an incremental contribution to overall air basin quality readings, and would not likely contribute substantially to an existing or projected air quality violation. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? 19 3 5- Less Than Significant Impact. The San Diego Air Basin is currently in a non-attainment zone for ozone and suspended fine particulates. Future development of the site, with or without implementation of the Font0 Vision Plan, would contriiute to a cumulative net increase in emissions througkout the air basin However, the subject property is located within the San Diego Air Basin, and as such, is located in an area where a RAQS plan is being implemented. Implementation of the Ponto Vision Plan would not result in land uses that would conflict-with the adopted SIP and RAQS responsible for managing air quality in the region. Future development of the site is consistent with existing growth projections for the area will not conflict or obstruct implementation of these regional plans. Therefore, potential cumulative air quality impacts resulting fiom unplementation of the Ponto Vision Plan are considered to be less than significant. - d) No Impact. The proposed amendments to the General Plan and Local Coastal Program would not directly result in sigmficant air quality impacts. Ultimately, future development on the project site will be required to conform to the applicable air quality management plan. Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? No Impact. The proposed amendments to the General Plan and Local Coastal Program would not directly result in significant air quality impacts. No specific development plans have been proposed within the Vision Plan area at this time. Future development proposals will be required to assess potential air quality impacts, including potential impacts fiom odors as part of the discretionary approval process. IV. BIOLOGICAL RESOURCES No impacts to biological resources would occur as a result of the proposed amendments to the General Plan or Local Coastal Program. The following discussion is provided as a guide for future discretionary permits that may be proposed as a result of implementing the Ponto Beachfiont Village Vision Plan. To evaluate potential biological resources within the plan area, a biological survey was prepared by Recon for the Vision Plan (refer to Existing Conditions Report for the Ponto Land Use Strategy, December 8,2003). The Recon survey covers the entire 130.5-acre project area, although development within the Ponto Beachf?ont Vision Plan area will generally be focused on ppproximately 50 acres, away f7om most of the sensitive habitats. The findings of the report are summarized below. - . vould the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? Potentially Significant Impact Unless Mitigation Incorporated. Six sensitive habitat types were found to occur on the subject property: coastal brackish marsh, southern coastal salt marsh, freshwater marsh, maritime succulent scrub, disturbed southern coastal bldf scrub and disturbed coastal sage scrub. In addition, the site supports five U.S. Army Corps of Engineers (USACE) and California Department of Fish and Game (CDFG) wetlandriparian areas. The area designated for development within the plan area is mostly located within areas identified as developed or disturbed habitats and are generally not considered sensitive. Future development within the Ponto Beachfront Village area will be required to comply with the mitigation measures listed at the end of this section to ensure potential impacts to sensitive habitats, includmg jurisdictional wetlands and waters, are reduced or avoided to the maximum extent possible. Four sensitive plant species were observed onsite. These include one California Native Plant Society (CNPS) List 1B species, Nuttal's lotus (Lorus nuttallianus); one CNPS List 2 species, California boxthorn (Lycium calgotnica); and, two CNPS List 4 species, southwestern spiny rush (Juncus acutus ssp. Leopoldia] and woolly seablite (Suaeda tmiolia). A complete listing of the plant species observed and species known to occur in the area can be found in Attachment 3 of the Recon Existing Conditions Report, dated December 8, 2003. Impacts to sensitive plant species are considered significant. Future development within the Ponto Beachfkont Village area will be required to comply with the mitigation measures listed at the end of this section to ensure that potential impacts to sensitive plant species are avoided or reduced to less than significant. 20 36 Two sensitive bird species were observed on-site: American peregrine falcon (Falco perep‘nus) and California homed lark (Eremophila dpestrir actia). American peregrine falcon is state listed as endangered, is a California fully protected species, and is a HMP covered specigs. California homed lark is a California species of special concern. The following species were not observed within the project study area, but have a high potential to occur onsite: saltmarsh skipper (Panoquina errans), long billed curlew (Numenius americanus), and Belding’s savannah sparrow (Passerculus sandwhichensis beldingz]. Future development witbin the Ponto BeacMont Village area will be requued to comply with the mitigation measures listed at the end of this section to ensure potential impacts to sensitive wildlife species are avoided or reduced to less than sipficant. Mi tigation - Prior to approval of any future development within the Vision Plan area, a comprehensive, site-specific biological resource analysis, including existing conditions, potential impacts, and a mitigation strategy will need to be submitted to the City and approved prior to any clearing, grubbing, or grading of the site. No impacts would occur and no mitigation is required at this time with the proposed amendments to the General Plan or Local Coastal Program. However, mitigation measures have been provided below as a guide to future development of the site. Implementation of the following mitigation measures, at a minimum, shall apply to future development projects: A comprehensive, site-specific biological resource report must be prepared prior to environmental review of any future projects proposed on the project site. Development applications for future development shall confii to the City of Carlsbad’s Habitat Management Plan. Consistent with setback and buffer requirements of the City of Carlsbad Habitat Management Plan, all future development shall be sited at a proper distance fiom designated open space areas such that brush management areas would not impact sensitive wetlands, maritime succulent scrub, disturbed southern coastal bluff scrub, and disturbed coastal sage scrub, or areas revegetated with native plants as part of a mitigation program. Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? Potentially Significant Impact Unless Mitigation Incorporated. A Wetland Delineation Report was completed by Recon (December 8, 2003) for the Ponto BeachGront Village area which determined that a total of 5.92 acres of wetlands and waters within the prop- fall under the United States Army Corps of Engineers (USACE) jurisdiction, and 6.15 ‘acres of California Department of Fish and Game (CDFG) jurisdictional area occur onsite (refer to the’ Wetland Delineation Report for the Ponto Land Use Strategy and Vision Project, December 8, 2003). The City of Carlsbad’s jurisdiction for wetlands and waters matches the jurisdiction of the USACE and CDFG. The City of Carlsbad jurisdictional areas within the study area equal approximately 6.15 acres. This is the same area as the CDFG jurisdictional area onsite. Jurisdictional Wetlands and Waters Wetland Determination Acres Wetland 4.39 Non-wetland waters of the US. - 1.53 Total USACE 5.92 Wetlandriparian habitat 4.50 Streambed - 1.65 Total CDFG 6.15 USACE Jurisdiction CDFG Jurisdiction 21 37 The area identified for development within the Ponto Beachfront Village area consists of approximately 50 acres located within the easternmost portion of the plan area, north of Batiquitos Lagoon. Themajority of the jurisdictional wetlands and waters are located in the southm portion of the plan area where no development is proposed. One non-wetland water area with USACE and CDFG jurisdiction occurs on the Ponto area where future development is planned. A drainage averaging three feet in width drains fiom north to south on the east side of Carlsbad Boulevard, from Ponto Drive to a culvert located approximately 572 feet to the south. The drainage runs through vacant property to a concrete ditch which then connects to a drain that flows to the . Pacific Ocean. The drainage is ephemeral with surface flows occurring after rainfall.--The surface flows most likely originate as runoff fiom Ponto Drive and surrounding lots. The USACE and CDFG have jurisdiction over approximately 0.04-acre of the drainage. The CDFG has jurisdiction over an additional 0.05-acre of riparian vegetation (two willow trees) and the area between the banks of the drainage. - Impacts to jurisdictional waters are considered sigmficant and should be avoided to the maximum extent possible. Jurisdictional waters are regulated by the federal, state, and local governments under a no-net-loss policy. Any approved impacts would require mitigation through habitat creation, enhancement, or preservation, as determined by a qualified restoration specialist in consultation with the regulatory agencies. In addition, regulatory agencies often require that a buffer be maintained between jurisdictional waters and any development. The width of the buffer area can vary, depending on project design, but is typically 50 to 100 feet. Any impacts to USACE and CDFG jurisdictional waters would require acquisition of a 404 permit fiom USACE, a 401 Water Quality Certification from the Regional Water Qdty Control Board (RWQCB), and a 1601 Streambed Alteration Agreement from CDFG. The Ponto Beachftont Village Vision Plan (Chapter I, pages 6-7) states that any impacts to the on-site drainage should be addressed by on-site mitigation consisting of an enhanced wetland area. The Vision Plan envisions the low-lying open space area in the center of the site as an enhanced natural wetland with an interpretive trail. The elevated boardwalk-style trail would offer numerous interpretive opportunities, such as identification signage of native plant species, educational placards and sip and bidanimal watching. 4 Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, fding, hydrological interruption, or other means? Potentially Significant Impact Unless Mitigation Incorporated. Please see discussion in Section N (b) above. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native.resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Potentially Significant Impact Unless Mitigation Incorporated. Development of the Ponto Beachfront Village area would not significantly reduce the habitat of either the American Peregrine Falcon or the California homed lark. As fixture development would only occur within the identified 50-acre development area, development would not result in a substantial reduction in habitat for these species or constrict movement between viable populations. Preservation of marsh habitats affiliated with the Batiquitos Lagoon, as mandated by the City’s HMP, would avoid impacts to other sensitive wildlife species known to occur in the area identified in the biological resources survey. To mitigate for potential impacts, future development would require focused surveys for sensitive animal species if the proposed development might impact the marsh habitats. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?; and, f) Conflict with the provisions of an adopted Habitat Conservation Plan (HCP), Natural Community Conservation Plan (NCCP), or other approved local, regional, or state habitat conservation plan? Potentially Significant Impact Unless Mitigation Incorporated (e and r). The Ponto Vision Plan would not conflict with any HCP, NCCP or other approved habitat conservation plan, or local policies or ordinances protecting biological resources. To mitigate for potential impacts, future developments will be 22 38 required to prepare a comprehensive, site-specific biological resource analysis to ensure consistency with the City’s HMP. In addition, although the Vision Plan avoids all preserve areas (i.e. for protection of the Batiquitos Lagoon) such areas are designated as open space on th6 City’s General Plan and Local Coastal Program Maps. Impact tributary areas that are environmentally sensitive? 8) Potentially Significant Impact Unless Mitigation Incorporated. Please see discussion in Section IV (b) above. - V. CULTURAL RESOURCES a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? No Impact. Although the Ponto Beachfront Village Vision Plan recognizes the historical context of the Ponto area relative to the City of Carlsbad, no significant historic resources have been identified on the site. As such, future development of the site will not result in sigDlficant impacts to historical resources (refer to “Cultural Resource Constraints Study of the Ponto Area Plan,” prepared by RECON, June 17,2003). b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section -1 5064.5? Potentially Significant Impact Unless Mitigation Incorporated. The Cultural Resource Constraints Study prepared for the Plan Area included research of previous work as well as additional field surveys. A light scatter of shell, several flakes and two stone tools were observed during the survey of the site; however, these resources were identified outside of the 50-acre future development area. Previous research identified one site on the north side of Batiquitos Lagoon, west of the railroad tracks, on a point of land that overlooks a habitat and revegetation area and the lagoon. However, the site does not indicate great age. Because there may be a subsurface component, implementation of the following mitigation measure is proposed: Because there may be a subsurface component, all development projects proposed within the 50-acre content and research potential of significant cultural resources. , development area in the future shall be required to complete additional testing to establish condition, c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Potentially Significant Impact Unless Mitigation Incorporated. As stated above, because there may be a subsurface component, paleo.ntologica1 resources may be located within the 50-acre hture development area. Therefore, implementation of the following mitigation measure is proposed: Because there may be a subsurface component, all development projects proposed within the 50-acre development area in the hture shall be required to complete additional testing to establish condition, content and research potential of significant paleontological resources. d) Disturb any human remains, including those interred outside of formal cemeteries? Potentially Significant Impact Unless Mitigation Incorporated. The Ponto site is located within an area of southern California that has revealed evidence of extensive prehistoric human occupation extending back 8,000 years. Resources associated with nearby Batiquitos Lagoon, the Pacific Ocean and the peninsular foothills supported local inhabitants throughout this period. As paleontological deposits do not occur Uniformly, additional exploration is recommended for future projects proposed on the site. Because there may be a subsurface component, lmplementation of the following mitigation measure is proposed Because there may be a subsurface component, all development projects proposed within the 50-acre development area in the future shall be required to complete additional testing to establish condition, content and research potential of significant human remains. 23 39 VI. GEOLOGY AND SOILS Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of 1oss;'injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines an& Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Less than Significant Impact. A project-specific Geotechnical Constraints and Opportunities study, dated June 11, 2003 study was prepared by Terracosta Consulting Engineering. Although there are no Alquist- Priolo Earthquake Fault zones within the City of Carlsbad, the site is located within a moderately-active seismic region of Southern California. Ground shaking fiom six major active fault zones could affect the site in the event of an earthquake. However, no lcnown active faults have been mapped on the site, nor were any observed during the geologic reconnaissance or in the immediate vicinity of the study area. As such, exposure of future development on the site to liquefaction or strong seismic ground shalung is considered to be relatively low. Seismic-related ground failure, including liquefaction? iv. Landslides? Less than Significant Impact. The geotechnical study indicates that landslides have reportedly occurred along the coastal bluff's and within the southerly portion of the South Carlsbad State Beach campground. The last reported landslide was in 1980, which occurred after intense rdall. However, the area where future development is planned is located across Carlsbad Boulevard, at a distance from the westerly bluff- terminated edge of a series of well-defined coastal terraces. In addition, the easterly edge of the Carlsbad Boulevard roadway embankment and the northerly edge of the Batiquitos Lagoon shoreline are made of the erosion-resistant Santiago fonnation that at most, is anticipated to erode at a rate of less than one inch per year. Impacts resulting from landslides are considered to be less than signrficant. . b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? And, d) Be located on expansive soils, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? Less than Significant Impact @, c, and d). The study area is generally designated as a Type C@) coastal bluff having a resistant geologic formation at the bottom and less resistant materials in the upper portions of the bluff. The majoriq of the area where development will occur is generally designated as Quaternary Terrace Deposits (Qt), consisting of moderately consolidated, poorly indurated clean sands, silty sands and clayey sands. Portions of the site also support Land Derived Fill (Aaf,) and Hydraulic Fill (Qafi) which are engineered fills placed from railroad and principal area roadway improvements, as well as dredging of the Batiquitos Lagoon. As stated previously, the 50-acre area where future development is planned is located across Carlsbad Boulevard, at a distance fiom the westerly bluff-terminated edge of a series of well-defined coastal terraces. The geotechnical analysis determined that coastal erosion of the beach within the State Park boundaries might reach one half foot per year, and even less if sand replenishment projects continue. The approximately 1,000 feet of Carlsbad Boulevard roadway embankment that extends south of the State Beach is not protected by the State Park's bluff top area; however, it is estimated that the.beach may only erode at the rate of one to two inches per year m this area, and even less if beach replenishment occurs. In 24 addition, the easterly edge of the Carlsbad Boulevard roadway embankment and the northerly edge of the Batiquitos Lagoon shoreline are made of the erosion-resistant Santiago fonnation that at most, is anticipated to erode at a rate of less than one inch per year. Impacts *will be less than significant. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No impact. The project site will receive sewer service from the Leucadia Water District. Three sewer force mains that currently run at an angle through the Ponto site and along its internal streets will be relocated to run parallel to the northbound lanes of Carlsbad Boulevard to provide sewer service for fie project site. No si@cant impacts will occur. HAZARDS AND HAZARDOUS MATERIACS No Impact (a - h). The proposed amendments to the General Plan or Local Coastal Program wiIl ultimately allow for a variety of hture uses on the project site. Future land uses may require the transport, use or disposal of hazardous materials as an aspect of daily operation. Oil andor other chemicals released kom delivery vehicles or the vehcles of residents or visitors, as well as those used for mechanical equipment or for maintenance purposes or other purposes may be present on the site; however, the presence of such materials onsite is not anticipated to be substantial in quantity or to pose substantial risk to human health or safety. The hoject site is located approximately 2.5 miles southwest of the McClellan-Palomar Airport (a public airport) and is not subject to the McClellan-Palomar mort Comprehensive Land Use Plan (CLUP). The proposed General Plan and Local Coastal Program amendments wilI not impair the implementation or physically interfere with any adopted emergency response plan or emergency evacuation plan and the site is not located in an area where development would be threatened by wildland fires. HYDROLOGY AND WATER QUALITY Violate any water quality standards or waste discharge.requirements? Less than Significant Impact. The study area does contain one natural drainage course that drains the area to the south. Some water will be detained in the northerly portion of the site during rain and storm events. A hydrology report will need to be prepared prior to future development to address any potential flooding or hydrology impacts from development. Potential future water quality impacts will also need to be analyzed when individual development plans are submitted. No hydrology or water quality mitigation is required with the current land use action, however comprehensive hydrology and water quality reports will need to be prepared prior to environmental review and approval of any future development project. Development plans within the Ponto Vision Area will incorporate permanent stormwater measures to remove pollutants-of-concern to the maximum extent practicable, per Order 2001-01 and the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP). The type and location of these measures will be identified at a later time as projects are submitted for discretionary approvals and development permits. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Impacts to groundwater quality? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? 25 Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- br off-site? .. Less Than Significant Impact (b, c, d and e). As stated above, potential fiture water quality impacts will be analyzed when individual development plans are submitted. No hydrology or water quality mitigation is required with the current land use action, however comprehensive hydrology and water quality reports will be prepared prior to environmental review and approval of any future development projects. The Ponto Vision Plan does not propose development that would significantly altei existing drainage patterns, nor would it increase the potential for erosion or siltation in any river or stream. Although implementation of the Ponto Vision Plan will increase the amount of impervious surface area (i.e. parking areas, internal roadways, etc.), individual development projects will implement measures to reduce urban pollutants prior to discharge. A primary component of the water quality management system will be the development of a natural water quality bio-swale to be constructed within the Wetland Interpretation Area, located near the Carlsbad Boulevard overpass. AU stormwater fiom the future development area will ultimately drain into the existing 84-inch storm drain that currently collects flows fiom residential areas north of Ponto for conveyance to Batiquitos Lagoon. The storm drain presently runs at an angle through the Ponto site and will be relocated onto internal streets and will then run parallel to the northbound lanes of Carlsbad Boulevard. Create 'or contribute runoff water, which would exceed the capacity of existing or planned storm watef drainage systems or provide substantial additional sources of polluted runoff? Othemise substantially degrade water quality? Less than Significant Impact (f and g). Future deveIopment on the Ponto site will be required to maintain peak runoff to predevelopment flows. Compliance with "DES requirements would ensure that future off- site flows do not increase pollutant discharges. Implementation of Best Management Practices BMPs to avoid pollutant contact and remove pollutants from stormwater will apply to future development as determined necessary through preparation of a Stormwater Management Plan. Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? Place within 100-year flood hazard area structures, which would impede or redirect flood flows? Expose people or structures to a significant risk of loss injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Inundation by seiche, tsunami, or mudflow? No Impact (h, i, j and k). The Ponto Vision Plan does not propose future development within a 100-year flood hazard area. No significant impacts fiom flooding will occur. Increased erosion (sediment) into receiving surface waters? Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? Changes to receiving water quality (marine, fresh or wetland waters) during or following construction? Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? 26 42 Less than Significant Impact (I, m, n, o and p). Proposed future development on the Ponto site will be required to comply with Order 2001-01 and prepare a Stormwater Management Plan. Drainage and development will be controlled via best management practices “to ensure that pollutants loads are not increased to the maximum extent practicable. Impacts to water quality will be less than significant. IX. LAND USE AND PLANNING Would the project: a) Physically divide an established community? - Less than Significant Impact. The proposed change in land use will not physically divide an established community. The Ponto Vision Plan does not propose to install roadways or other bfi-astructure that would physically divide an existing community, alter access points to an existing community or result in a significant loss of housing, including affordable housing. Therefore, potential impacts are less than significant. b) Conflict with any applicable land use plan, policy or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? and, Confjict with any applicable habitat conservation plan or natural community conservation plan? c) Less than Significant Impact (b and c). The proposed amendments to the General Plan and Local Coastal Program would designate the Ponto area as an area of “Special Planning Considerations” to be developed under the guidance of the Ponto Beachfront Village Plan Area. The Ponto Vision Plan proposes the development of local and tourist-serving commercial, mixed-use, residential and recreational uses that are compati%le with existing surrounding development to the east, open spaceihabitat connections in the south, and the beach area to the west. The Ponto Beachfront Village Vision Plan provides a guide for development of the area to ensure that future land uses are compatible and consistent with the intended vision for the site. The Ponto Vision Plan identifies land uses to be permitted within each of the land use character areas to ensure that future uses proposed will be consistent with development envisioned by the City. Future individual development projects will require the appropriate discretionary permits. The project site is located in the Mello II Segment of the City’s adopted Local Coastal Program (LCP). The proposed project will require approval of an amendment to the LCP by the California Coastal Commission to ensure the LCP is consistent with the City’s General Plan and the Coastal Act. The Vision Plan area is located within Zones 9 and 22 of the City’s Local Facilities Management Plans (LFMP). The proposed General Plan and Local Coastal Program amendments do not create any potential conflicts with the goals of these plans. No specific development plans have been proposed within the Vision Plan area at this time. Future development proposals will be required to demonstrate that proposed facilities are consistent with the LFMP or propose amendments to the appropriate LFMP. A portion of the Ponto Beachfront Village Vision Plan area is within the South Carlsbad Coastal Redevelopment Area (SCCRA) and subject to the Redevelopment Permit process, which is administered by the City of Carlsbad‘s Housing and Redevelopment Department. Future development proposals will be required to demonstrate consistency with the redevelopment plans established for the portion of the property within the redevelopment area. A portion of the Vision Plan area is within the boundaries of the Poinsettia Properties Specific Plan (SP 210). This specific plan directs development for a 92-acre area located primarily to the north of the Vision Plan area. However, a 1.5-acre area in the northern portion of the Vision Plan area overlaps with the specific plan area. The Specific Plan identifies this area for future commercial uses that will serve the traveling public and beach visitors. No conflicts with the Specific Plan have been identified as a result of the proposed General Plan and Local Coastal Program amendments. Future development proposals will be required to demonstrate consistency with the Poinsettia Properties Specific Plan or amend the Specific Plan to remove the property. 27 AG3 A portion of the Vision Plan area is also within the boundaries of the Poinsettia Shores Master Plan (MP 175(c)). This master plan governs a total of approximately 162.8 acres of which approximately 23.5 acres is located within the Vision Plan area. Of 17 planning areas included in the Master Plan, three are located within the Vision Plan boundaries: areas F, G, and H. These areas feature travel servicelcommercial use and a non-residential reserve. No conflicts with the Master Plan have been identified as a result of the proposed General Plan and Local Coastal Program amendments. Future development proposals will be required to demonstrate consistency with the Poinsettia Shores Master Plan or amend--the Master Plan to remove the properties. - x. MINERALRESOURCES . No Impact (a and b). There are no known mineral resources, of local importance or otherwise, on the project site. Therefore, the proposed project would not result in the loss of availability of such resources. XI. NOISE Would the project result in: Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? and, Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? and, A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Potentially Significant Impact Unless Mitigation Incorporated (a, b, and c). The proposed General Plan and Local Coastal Program amendments would not result in sigcuficant noise impacts. Future onsite development within the Ponto Vision Plan area will be required to prepare a project-specific noise impact analysis. to assess potential impacts resulting from the project, as well as cumulatively considerable noise impacts. All mitigation measures identified within a project-specific noise impact analysis will be required to reduce impacts to a level less than sigmficant and consistent with noise standards given in the City of Carlsbad Noise Element. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Potentially Significant Impact Unless Mitigation Incorporated. The proposed amendments to the existing General Plan and Local Coastal Program for the project would not result in a substantial temporary or periodic increase in ambient noise levels. However, future development of the site may result in the exposure of visitors to or residents of the site to substantial periodic increases in ambient noise levels from operation of the existing railroad, located along the easterly border of the property, as well as Carlsbad Boulevard. Future onsite development will require preparation of a project-specific noise analysis to identify potential noise impacts, as well as cumulatively considerable noise impacts. All mitigation measures identified within a project-specific noise impact analysis will be required to reduce impacts to a level less than significant and consistent with noise standards given in the City of Carlsbad Noise Element. For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? and, For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? 28 44 No Impact (e and 0. The project site is not located within the vicinity of a private airstrip and is more than two miles to the southwest of the McClellan-Palomar Airport, Therefore, development occurring as a result of the proposed General Plan and Local Coastal Plan amendments would not be subject to an airport land use plan, nor would it result in development that exposes people residmg or working in the project area to excessive noise levels. XII. POPULATION AND HOUSING Would the project: - Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Less than Significant Impact. The proposed amendments to the General Plan and Local Coastal Program will result in future development of the Ponto site that is consistent with the City’s vision for future growth of the area. A portion of the Ponto study area is within the South Carlsbad Coastal Redevelopment Area (SCCRA), established in July 2000, and development of the Ponto Beacbfkont Village Vision Plan is the first step toward achieving the Redevelopment Area’s overall intent. The proposed project will indirectly result in future development of new housing and businesses, as well as roadway improvements for vehicular circulation and relocation of (existing) utility lines to serve the site. The Ponto Beacwont Village Vision Plan envisions a mixed-use development including hotel and resort uses, retail uses, a mixture of housing types and recreational opportunities. The proposed project will ultimately allow for additional housing opportunities within the City of Carlsbad with implementation of the Ponto Beachfront Village Vision Plan. The City of Carlsbad operates an excess dwelling unit (DU) ‘‘bank.” As land within the City is developed with less than the density allowed by the General Plan, the excess Units are “returned” to the DU bank, thereby limiting the planned number of residential units. The provision of public facilities within the Zone 9 and 22 LFMPs, including parks, libraries, fire protection and police protection services, as well as other services, have been planned to accommodate the projected growth of these areas. As the facilities planning has already been completed and residential units are accounted for in the overall “bank,” the proposed change in land use will not create an increase in units or development that is not anticipated, or create an unexpected demand for additional future public services. Future development of the proposed residential units resulting fkom the proposed amendments to the General Plan and Local Coastal Program will not exceed the total growth projections anticipated for the Zone 9 and 22 LFMPs. Therefore, the proposed project will not result in a growth in housing that will substantially or adversely impact public services. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact (b and c). The project site is presently vacant, with the exception of a small enclave of existing single-family homes that will remain following approval of the Ponto Vision Plan. As such, the project will not result in displacement of any existing housing or individuals and no replacement housing will be required. PUBLIC SERVICES Less than Significant Impact. The Ponto Beachfront Village Vision Plan is located within the Local Facilities Management Plans (LFMP) for Zones 9 and 22. The provision of public facilities within the Zone 9 and 22 LFMPs, including parks, libraries, fire protection and police protection services, as well as other services, have been planned to accommodate the existing projected growth of these areas. No conflicts with the Zones 9 and 22 Local Facilities Management Plans (LFMP) have been identified as a result of the proposed General Plan and Local Coastal Program amendments. Future development proposals will be required to demonstrate consistency with the appropriate LFMP or amend the appropriate LFMP. 29 45 XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or .other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? and, b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? No Impact (a and b). No impacts to existing recreational uses will occur as a result of the proposed amendments to the General Plan and Local Coastal Program. Future development projects will be required to prepare design plans consistent with the Ponto BeacEont Village Vision Plan, which includes design elements that will supplement and enhance opportunities for recreation in the area. Such elements include pedestrian trails with connection to a regional trail system, a pedestrian underpass below Carlsbad Boulevard to the Carlsbad State Beach and Campground, a linear park, and a community nature/arts center. Impacts to recreational resources will be less than significant. XV. TRANSPORTATIO*N/TRAFFIC No substantial impacts to transportation or traffic facilities would occur as a result of the proposed amendments to the General Plqor Local Coastal Program. The following discussion is provided as a guide for future dmretionary permits that niay be proposed as a result of implementing the Ponto Beachflont Village Vision Plan. To evaluate potential traffic impacts within the plan area and surrounding roadway network, a traffic constraints study was prepared by RBF Consulting for the proposed Vision Plan (refer to “Ponto Vision Plan Traffic Constramts Study,” September 3, 2004). The study assumed development of the site at maximum allowed buildout. The findings of the report are summarized below. Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffx load and. capacity of the street system? Potentially Significant Impact with Mitigation Incorporated. The Ponto Beachf?ont Village Vision Plan consists of a mixture of compatiile land uses including hotel and resort uses, live/work condominium units, townhouses, apartments, office, retail and restaurants. To assess potential traffic impacts for the proposed project, a maximum buildout scenario was considered, although a less intensive development may occur under the Vision Plan. Under the maximum buildout allowed, and applying SANDAG trip generation rates (see Table I), the Ponto Vision Plan is forecast to generate approxiinately 12,407 trips per day, which includes approximately 721 a.m. peak hour trips and approximately 1,102 p.m. peak hour trips (see Table 2). Figure 1 illustrates where the areas described in Table 2 are located relative to the Ponto Vision Plan area. The area identified for the traffic constraints study included 34 intersections and 20 roadway segments. The general boundaries of the study area are Palomar Purport Road to the north, El Camino Real to the east (with the exception of the Melrose Drive/Palomar Airport Road and El Fuerte StreetRalomar Airport Road intersections to the east of El Camino Real); La Costa Avenue to the south; and Carlsbad Boulevard to the west. The results of the analysis show that all study intersections currently operate at acceptable levels of service based on the Intersection Capacity Utihation (Iw methodology, with the exception of Palomar Airport Road/Melrose Drive. Similarly, all study roadway segments are currently operating at acceptable levels of service during the peak hours. The addition of traffic associated with the proposed Ponto Vision Plan to the existing traffic volumes results in acceptable operating conditions at all study intersections, with the exception of Palomar Airport Road/Melrose Drive and Palomar *art RoadlEl Camino Real. The Melrose Drive extension from its terminus in the City of Vista to Palomar Airport Road is scheduled for completion in late 2005 or early 2006. The forecasted deficient conditions at Palomar wort Road/Melrose Drive and Palomar Airport RoadiEl Camino Real will be mitigated by this extension project because the roadway extension will provide additional capacity for the roadway network in the area. Overall, intersections within the study area operate at LOS C or better indicating more than 20 percent 30 46 available capacity. Therefore, the existing roadway network has sufficient capacity to meet the forecast traffic demands of the proposed land use plan in the short term. Additionally, a comparative analysis was also conducted to assess the number of trips that would be generated by build-out of the project area under the existing Genera1 Plan land use designations, if the Ponto Vision Plan were not to be implemented. Table 3 lists the traffic generation rates for the land uses currently designated within the plan area. For the property within the plan area that does not have a land use designation, a designation was assigned to the area consistent with the growth projections fiom the Zone 9 Local Facilities Management Plan (LFMP). Table 4 provides a calculation of the traffic trips that would be generated fiom the project area assuming build-out under the existing GenerdPlan designations. Some of the areas within the plan have a split designation, that is, two separate designations over the same area. For those areas, the traffic generation was calculated assuming build-out under both designations. For example, Area B has a split designation of Residential Medium High Density and TraveVRecreation Comercial. The calculations in Table 4 show what the total number of traffic trips would be assuming build-out of each area under the existing land use designations. As such, the total number of trips for the plan area is an approximate range between 12,708 and 15,408 trips per day. The total number of trips calculated for the plan area would fall within that range depending on what mix of land uses would be developed. Figure 1 illustrates where the areas described in Table 4 are located within the Ponto Vision Plan area. - This comparative analysis demonstrates that the proposed Ponto Vision Plan with approximately 12,407 dailypips will generate less traffic than potential development under tlie existing General Plan land use designations. The lowest range of daily trips calculated for the area under the existing General Plan designations is 12,708 daily trips. The uses proposed in the Ponto Vision Plan would generate approximately 301 fewer daily trips than uses allowed under the existing General Plan designations. Therefore, in comparison of the two plan scenarios, the Ponto Vision Plan would generate fewer total traffic trips than development permitted under existing General Plan land use designations. In comparing the peak hour volumes in Tables 2 and 4, the Ponto Vision Plan generates 155 more trips in the AM Peak Hour and 103 fewer trips in the PM Peak Hour, using the lower end of the trip generation numbers for Existing General land use. Using the higher end of the trip generation numbers, the Ponto Vision Plan generates 114 more trips in the AM Peak Hour and 338 fewer trips in the PM Peak Hour. As discussed in the analysis above, the traffic generated firom the proposed Ponto Vision Plan does not significantly impact the capacity of the existing roadway system. Therefore, potential impacts related to increased traffic volumes are considered less than significant. 31 47 TABLE 1 SANDAG Trip Generation Rates Used for Ponto Vision Plan Area Proposed Land Uses wkoderence Area Source - SANDAG "Not So Brief Guide" - April 2002 AM Peak PM Peak Land Use Units Amount ADT Total I In I Out Total1 In [ Out TABLE 2 Ponto Vision Plan Area Forecast Traffic /Specialty Retail I ksf I 16 I 640 TOTAL 1 12,407 19 12 8 58 29 29 721 373 348 1,102 644 458 Apartments 62 / 372 1 30 1 6 1 24 I 33 1 23 1 10 I ksf I 16 I 320 I 45 I 40 I 4 I 42 I 8 I 33 I 32 TABLE 3 SANDAG Trip Generation Rates Used for Ponto,Vision Pian Area Existing General Plan Land Use CITY LAND USE SANDAG TRAFFIC GENERATION RATE RMH SIDENTIAL Residential Condominium or any multi-family 6-20 DU/Acre T-R TRAVEURECREA Specialty Retail (also see below in "ION Unplanned Area) COMMERCIAL Lodging - Resort Hotel Lodging - Hotel (w/ conference facilitiedrestaurant) UAUNPLANNED TraveVRecreation Commercial / Specialty Retail conrmunity Commercial acre acre .p Commercial Neighborhood beighborhood Shopping Center 100 5% 60% 40% 7% 40% 300 6% 60% 40% , 8%. 60% Ty 8% 20% 80% 10% 70% ksf acre 40 3% 60% 40%. 9% 50% 400 3% 60% 40% 9% 50% ksf acre 40 3% 60% 40%. 9% 50% 400 3% 60% 40% 9% 50% AREA* T-WC - out 30% - ksf 60% 40% - - - 50% - 50% 120 4% 60% 40% 10% 50% 50% - Sotirce - SANDAG "Not So Brief Guide" - April 2002 *CiV land use pa Local Facilities Management Plan (LFh4P) Zone 9 33 TABLE 4 Ponto Area Existing General Plan Land Use Trip Generation Area' A ANI Peak PM Peak GP Land Cse II Units Amount ADT Total In Out Total In Out T-RTravel/RecreationCommercial' I ac I 1.24 372 22 1 13 9 1 30 18 12 1. ~ A ii TraveLrRecreationC~mmercial~~ ac 2.15 1 860 26 1 15 1 10 I 77 1 39 1 39 1 I TraveVRecreation Commercial ! i I ELMWT-R Residential Medium High OR 1 RMHIT-R Residentlal Medium High OR I I 'See Figure 1 Ponto Vision Plan Areas ' Hotel w/ conference facilines Specialty Retail 11 5 dwelling units/acre per Growth Management Control Point ' Per LFMP Zone 9 Resort Hotel NOTE: Shading is used in Areas with split General Plan land use designations, e.g., RPVIWT-R, to depict the land use designation that generates the lower ADT. 33 I b) Exceed, either individually or cumulatively, a level of service standard established by.the county congestion management agency for designated roads or highways? Potentially Significant Impact Unless Mitigation Incorporated. No traffic impacts will ocw as result of the proposed amendments to the General Plan and Local Coastal Program. Future development projects will be required to prepare project specific traffic analyses to evaluate cumulative traffic impacts of past, present, and reasonably foreseeable projects at the time future development plans are submitted. The traffic constraints study prepared by RBF Consdting evaluated Horizon Year 2Q30 conditions with and without the proposed land uses included in the Ponto Beachfiont Village Vision Plan. The Horizon Year analysis assumes buildout of the City’s Circulation Element roadways and improvements at.existing intersections as planned through the City of Carlsbad Traffic Impact Fee Program. The results of the Horizon Year 2030 analysis show that all study intersections are forecast to operate at acceptable levels of service when evaluated using ICU methodology, with the exception of the following seven intersections, which are forecast to operate at LOS E or F: - o o o o o o o Palomar Anport Road / Paseo Del Norte; Palomar Airport Road / El Camino Real; Palomar Anport Road / El Fuerte; Poinsettia Lane / Paseo Del Norte; La Costa Avenue / Coast Highway 101 (City of Encinitas); La Costa Avenue / Vulcan Avenue (City of Encinitas) (Unsignalized); and, El Camino Real / La Costa Avenue. ’ These seven intersections are forecast to operate at “Failing” conditions with and without the maximum potential land use intensity included for the Ponto Vision Plan. All roadway segments are forecast to operate at acceptable levels of service with and without the Ponto Vision Plan. The City of Carkbad typically uses the Growth Management standards of LOS D for the peak hour and LOS C for off-peak as the significance criteria. A LOS below these levels is considered a significant impact requiring mitigation. The City of Carlsbad traffic study guidelines iden@ significant impacts if one of the following two criteria are met: The addition of project-generated trips result in a change.in operating conditions fiom acceptable to deficient; or, When an intersection or roadway segment is operating at deficient service levels, the addition of project-generated trips results in a change m V/C ratio of more than 2% (0.02) when compared to the no project condition. Of the seven intersections forecast to operate deficiently by the year 2030, traffic from the Ponto Vision Plan exceeds the above criteria at two intersections. The addition of project traffic at these two intersections exceeds more than a 2% change when compared to the no project condition. Potential traffic impacts to these two intersections are considered significant: o o Poinsettia Lane / Paseo Del Norte La Costa Avenue / Coast Highway 101 (City of Encinitas) At the intersection of Poinsettia LanePaseo Del Norte, mitigation would be required to reduce potential traffic impacts fiom future development to less than significant; however, this intersection is forecast to operate at deficient service levels with or without the proposed Ponto Beachfront Village Vision Plan’s development. Therefore, a fair share contribution towards improvements at this location would be sufficient to mitigate the identified impact. The recommended improvements that would result in acceptable operating conditions at this intersections is as follows: Widen the westbound approach to include the 36 _. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Potentially Significant Impact Unless Mitigation Incorporated. No traffic impacts will occur as result of the proposed amendments to the General Plan and Local Coastal Program. Future development projects will be required to prepare project specific traffic analyses to evaluate cumulative traffic impacts of past, present, and reasonably foreseeable projects at the time future development plans are submitted. The traffic constraints study prepared by RBF Consulting evaluated Horizon Year 2030 conditions with and without the proposed land uses included in the Ponto Beachfront Village Vision Plan, The Horizon Year analysis assumes buildout of the City’s Circulation Element roadways and improvements at existing intersections as planned through the City of Carkbad Traffic Impact Fee Program. The results of the Horizon Year 2030 analysis show that all study intersections are forecast to operate at acceptable levels of service when evaluated using ICU methodoIogy, with the exception of the following seven intersections, which are forecast to operate at LOS E or F: o o o o o o o Palomar Airport Road / Paseo Del Norte; Palomar Wort Road / El Camino Real; Palomar Avport Road / El Fuerte; Poinsettia Lane / Paseo Del Norte; La Costa Avenue / Coast Highway 101 (City of Encinitas); La Costa Avenue / Vulcan Avenue (City of Encinitas) (Unsignalized); and, El Camino Real / La Costa Avenue. These seven intersections are forecast to operate at “Failing” conditions with and without the maximum potentia1 land use intensity included for the Ponto Vision Plan. All roadway segments are forecast to operate at acceptable levels of service with and without the Ponto Vision Plan. The City of Carlsbad typically uses the Growth Management standards of LOS D for the peak hour and LOS C for off-peak as the significance criteria. A LOS below these levels is considered a significant impact requiring mitigation The City of Carlsbad traffk study guidelines identify sigmficant impacts if one of the following two criteria are met: The addition of project-generated trips result in a change in operating conditions from acceptable to deficient; or, When an intersection or roadway segment is operating at deficient service levels, the addition of project-generated trips results in a change in V/C ratio of more than 2% (0.02) when compared to the no project condition. Of the seven intersections forecast to operate deficiently by the year 2030, traffic fiom the Ponto Vision Plan exceeds the above criteria at two intersections. The addition of project traffic at these two intersections exceeds more than a 2% change when compared to the no project condition. Potential traffic impacts to these two intersections are considered significant: o o Poinsettia Lane / Paseo Del Norte La Costa Avenue / Coast Highway 101 (City of Encinitas) At the intersection of Poinsettia LanePaseo Del Norte, mitigation would be required to reduce potential traffic impacts from future development to less than significant; however, this intersection is forecast to operate at deficient service levels with or without the proposed Ponto Beachfront Village Vision Plan’s development. Therefore, a fair share contribution towards improvements at this location would be sufficient to mitigate the identified @act. The recommended improvements that would result in acceptable operating conditions at this intersections is as follows: Widen the westbound approach to include the 36 53 following Iane geometry: one left-turn lane, two through lanes, and one right-turn lane. Restripe the southbound approach to include one left-turn lane, one through lane, and dedicated one right-turh lane. As noted above, the La Costa Avenue / Coast Highway 101 (Carlsbad Boulevard) intersection is within the City of Encinitas. Impacts to this intersection also occur with implementation of the North 101 -Corridor Specific Plan, which generally covers the area bounded by the City limit line on the north, B Streefinchitas Boulevard on the south, parcels fionting Vulcan Avenue on the east, and parcels fionting North Highway 101 on the west, with some exceptions. Mitigation for impacts to the intersection are addressed in the North 101 Comdor Environmental Impact Report prepared for the Specific Plan. . Mitigation given in the EIR states that the intersection improvements recommended in he Specific Plan be iraplemented. The City of Encinitas will implement the mitigation measures during build-out of the Specific Plan. The Specific Plan offers the following recommendations for mitigation of impacts to the intersection: 1) La Costa Avenue / Coast Highway 101 (Carlsbad Boulevard) Intersection: Widen the southbound approach to include two left tum lanes and two through lanes. Widen the westbound approach to include two left turn lanes and one right turn lane. With construction of the recommended lane configurations, the level of service for the intersection will improve from LOS D (a.m.) and LOS E @.m) to LOS A (a.m.) and LOS B @.m.) at buildout unda the Specific Plan. With implementation of the mitigation given in the North 101 Comdor Specific Plan, impacts will be reduced to less than significant under 2030 conditions. Therefore, no further mitigation for the proposed project is required. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. The proposed project does not include any aviation components. The project is located approximately 2.5 miles southwest of the McClellan-Palomar Airport and is located outside of the boundaries of the Airport Comprehensive Land Use Plan. 4 Substantially increase hazards due to a design feature or incompatible uses? No Impact. All future project circulation improvements will be designed and constructed to City standards. Future development would not result in design hazards because access to the development area will meet City standards for sight distance and pedestrian safety. The Plan envisions a pedestrian underpass below Carlsbad Boulevard to allow pedestrians to safely cross fiom the Plan Area to the South Carlsbad State Beach and Campground. In addition, the Plan provides for a new fully signalized intersection at Beach Way and Carlsbad Boulevard, midway between Ponto Drive and Avenida Encinas to further facilitate pedestrian movement between the Ponto Beachfront Village and the State Beach and Campground. The Ponto Beachfront Village Vision Plan has been created to ensure that future development within the plan area consists of compatible uses. Result in inadequate emergency access? e) No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. No impacts to emergency access have been identified. 0 Result in inadequate parking capacity? No Impact. Future development plans will be required to demonstrate compliance with the City’s parking requirements based on the proposed use. g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks, etc.)? No Impact. The proposed project does not conflict with adopted policies, plans, or programs that support alternative transportation. 37 XVI. UTILITIES AND SERVICES SYSTEMS Less than Significant Impact (a - g). All future development resulting from the Ponto Beachfront Village Vision Plan will be required to comply with all Regional Water Quality Control Board Requirements. The proposed amendments to the General Plan and Local Coastal Program will allow for deveIopment on the site that is consistent with the Zone 9 and Zone 22 LFMPs prepared for the site. The Zone 9 and 22 LFMPs were prepared with the intention that the Ponto area would be developed and facilities were planned and . designed to accommodate future development on the site. All public facilities, includipg water facilities, wastewater treatment facilities and drainage facilities, have been planned and designed to accommodate the growth projections for the City at build-out. AIthough future development on the site will increase the demand for these facilities, such development will not result in an overall increase in the City’s growth projection. Therefore, the proposed amendments to the General Plan and Local Coastal Program to ultimately allow for development of the Ponto site will not result in land uses that will result in a significant need to substantially expand or construct new water facilitiedsupplies, wastewater treatment or stormwater drainage facilities. - Future development projects on the site will be required to ensure that waste disposal services are adequate to serve a proposed project without exceeding landfill capacities. In addition, all future development proposed will be required to comply with federal, state and local statutes and regulations related to solid waste. . XVII. mAT0RY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? - Less Than Significant Impact. The project will result in amendments to the existing General Plan and Local Coastal Program to identify the Ponto Village Area as an area of “Special Planning Considerations;” which will in itself, not result in a degradation of the quality of the environment. As discussed in Section IV, Biological Resources, Questions a-g, and Section V, Cultural Resources, Questions a-d, the project will not degrade the quality of the environment and will not substantially reduce the habitat of a fish or wddlife species. The project will not cause a fish or wildlife population to drop below self-sustaining levels and will not threaten to eliminate a plant or animal community. In addition, the project would not reduce the number nor restrict the range of a rare or endangered plant or animal and will not eliminate important examples of the major periods of California history or prehistory. Therefore, potential impacts are less than significant. b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively Considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) Less Than Significant Impact. The incremental impacts of the project have not been found to be cumulatively considerable after an evaluation of all potential impacts. After careful review, there is no substantial evidence that any of the incremental impacts of the project are potentially significant. The impacts of the project have therefore not been found to be cumulatively considerable. San Diego Association of Governments (SANDAG) projects regional growth for the greater San Diego area, and local general plan land use policies are incorporated into SANDAG projections. Based upon those projections, region-wide standards, including storm water quality control, air quality standards, habitat conservation, congestion management standards, etc, are established to reduce the cumulative impacts of development in the region. All of the City’s development standards and regulations are consistent with the region-wide standards. The City’s standards and regulations, including grading standards, water quality and drainage standards, traffic standards, habitat and cultural resource protection regulations, and public facility standards, ensure that development within the City will not result in a significant cumulatively considerable impact. 38 53- There are two regional issues that development within the City of Carlsbad has the potential to have a cumulatively considerable impact on. Those issues are air quality and regional circulation. As discussed above, the project would contribute to a cumulatively considemile potential net increase in emissions throughout the air basin. As descriied above, however, emissions associated with the development would be minimal. Given the limited emissions potentially associated with the development of the site, air quality would be essentially the same whether or not the development is implemented. According to the CEQA Guidelines Section 15130 (a)(3), the project’s contribution to the cumulative impact is considered less than cumulatively considerable and, therefore, less than significant. The County Congestion Management Agency (CMA) has designated three roads (Ranclo Santa Fe Rd, El Camino Real and Palomar Airport Road) and two highway segments in Carlsbad as part of the regional circulation system. The CMA has determined, based on the City’s growth projections in the GeneraI Plan, that these designated roadways will function at acceptable levels of service in the short-term and at build- out. The project is consistent with the City’s growth projections, and therefore, the cumulative impact from the project to the regional circulation system is less than sigdicant. - With regard to any other potential impact associated with the project, City standards and reguhtions will ensure that development of the site will not result in a significant cumulatively considerable impact. c) Does the project have environmental effects, which will cause the substantial adverse effects on ’ human beings, either directly or indirectly? Less 2han Significant Impact. The proposed General Plan and Local Coastal Program amendments to designate the Ponto Beachfront Village area as an area of “Special Planning Considerations” will not cause substantial adverse effects on human beings either directly or indirectly. Future development within the Ponto Vision Plan Area will have to prepare project specific reports to assess potential impacts to people affected by the project. Potential impacts will have to be identified and mitigation measures proposed. Those mitigation measures will be incorporated into project design or included as conditions of project approval. Any future development on the site will be required to comply with all applicable federal, state, regional and City regulations, which will ensure the development of the site will not result in an adverse impact on human beings, either directly or indirectly. - 39 56 XVIII. EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008 or the City of Carlsbad Housing and Redevelopment Department located at 2965 Roosevelt Street, Carlsbad, California, 92008. - City of Carlsbad General Plan. September 16, 1994. - Cultural Resource Constraints Study of the Ponto Area Plan. Prepared by RECON (RECON Number 3482A). June 17,2003. Environmental Impact Report for North 10 1 Comdor Specific Plan. City of Encinitas. 1997. Existing Conditions Report [Biological] for the Ponto Land Use Strategy and Vision Project. Prepared by RECON. December 8,2003. Geotechnical Constraints and Opportunities, Ponto Area Land Use Plan. Prepared by Terracosta Consulting Group, Inc. June 11,2003. Local CoGtal Program- Mello II Segment. City of Carlsbad. 1996. Amended 2003. Local Facilities Management Plan. Zone 9. September, 1993. Local Facilities Management Plan. Zone 22. Au3gu.st 1 , 1997. North 101 Comdor Specific Plan. City of Encinitas. May 21, 1997. , Poinsettia Properties Specific Plan. November 27,1998. Poinsettia Shores Master Plan. October 20, 1993. Ponto BeacWont Village Vision Plan (DRAFT). Prepared by REF Consulting. July 2004. i Ponto Vision Plan - Traffic Constraints Study. Prepared by RBF Consulting. September 3,2004. Redevelopment Plan - South Carlsbad Coastal Redevelopment Project. Prepared by Carlsbad Housing and Redevelopment Commission. February 4,2000. Wetland Delineation Report. Prepared by RECON. December 8,2003. 40 57 LIST OF MITIGATION MEASURES Agricultural Resources Implementation of the following mitigation measures, at minimum, shall apply to future development projects to reduce impacts to agricultural resources to less than significant: Prior to approval of any future development within the Vision Plan Area, all lands identified on Map X of the Mello II Segment of the Local Coastal Program shall require compliance with the agricultural conversion requirements (Policy 2-1). - - Biological Resources Prior to approval of any hture development within the Vision Plan area, a comprehensive, project-specific biological resource analysis, including existing conditions, potential impacts, and a mitigation strategy will need to be submitted and approved prior to project approval and any clearing, grubbing, or grading of the site. No impacts would occur and no mitigation is required with the proposed General Plan and Local Coastal Program amendments at this time. However, mitigation measures have been provided below as a guide to future development of the site. w’lementatim of the following mitigation measures, at a minimum, shall apply to future development projects: 0 0 0 ‘0 A CoIfqrehensive, site-specific biological resource report must be prepared prior to environmental review of any future projects proposed on the project site. Development applications for future development shall conform to the City of Carlsbad’s Habitat Management Plan. Consistent with setback and buffer requirements of the City of Carlsbad Habitat Management Plan, all future development shall be sited at a proper htance fiom designated open space areas such that brush management areas would not impact sensitive wetlands, maritime succulent scrub, disturbed southern coastal bluff scrub, and disturbed coastal sage scrub or areas revegetated with native plants as part of a mitigation program. . Impacts to the on-site drainage within the future development area should be mitigated for on-site through preparation and implementation of a wetland enhancement plan. Cultural Resources The following mitigation measure is recommended to reduce impacts to cultural/paleontological resources to less than sigmiicant: Because there may be a subsurface component, all development project proposed within the 50-acre development area in the future shall be required to complete additional testing to establish condition, content, and research potential of any sigdicant cultural or paleontological resources or human remains. - Noise The following mitigation measure is recommended to reduce noise impacts to less than significant: 0 Future onsite development will require preparation of a project-specific noise analysis to id en^ potential noise impacts, as well as cumulatively considerable noise impacts. AII mitigation measures identified within a project-specific noise impact analysis will be required to reduce impacts to a level less than significant and consistent with noise standards given in the City of Carlsbad Noise Element. Transportatioflraffic Implementation of the following mitigation measure shall apply to future development projects to reduce transportatiodtraffic impacts to less than si@cant: 41 59 Future development projects shall contribute a fair share contribution to the following intersection improvements: Poinsettia Lane / Paseo Del Norte: Widen the westbound approach to include the following lane geometry: one left-turn lane, two through lanes, and one right turn lane. Restripe the southbound approach to include one left turn lane, one through lane, and one right turn lane. 42 59 THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVk MITIGATION MEASURES AND CONCUR WITH THE ADDIT.ION OF THESE MEASURES TO THE PROJECT. 43 c 9 v) 0 d I 2 d v) 0 ? a n t3 2 ! 4 .. w rn r 3 Z LL z n s z W t3 4 $ 2 I- z U I 0 W a m z 0 n P, m 0) E C c C C c C C E m m m .- .- .- - h h n 0) c C C m .- B 0 S 0 c v) 3 2 7 m E - 5 a f P L- P rn '5 II) C m - n C 0 C c u) 2 0 I- E - \ c m 0 P VI C 2 U U L E - C 0 NCTD April 6,2005 Mr. Gary Barberio City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008-7314 -.. . I ---- RE: Ponto Beachfront Village Vision Plan (GPA 05-04/LCPA 05-01) Dear Mr. Barberio: Thank you forthe opportunity to review the Mitigated Negative Declaration (MND) and Draft Vision Plan for the Ponto Beachfront Village. The North County Transit District (NCTD) would like the Draft MND and Vision Plan to address bus stop safety and design along the stretch of Carlsbad Boulevard that parallels this proposed development site. NCTD currently operates a fixed route bus service (Route 101) along this stretch of Carlsbad Boulevard that connects the Oceanside Transit Center to the University Town Center in San Diego seven days a week. Specifically, the Draft MND and Vision Plan should address specific bus stop improvements to increase the accessibility and attractiveness of public transit at six existing or potential bus stop locations (three pairs of stops - one on each side of Carlsbad Boulevard). These bus stop locations are at Avenida Encinas, Beach Way, and Ponto Road. Improvements should include boarding pads that will accommodate wheelchair passengers when boarding and alighting from NCTD buses, appropriate street furniture (benches, shelters, trash cans, and street lighting), no parking zones at bus stops, bus turnouts to allow buses to not block traffic when loading or unloading passengers, and accessible paths of travel to and from each of the bus stop locations to the internal paths shown in the Vision Plan. If requested, NCTD would be pleased to work with the City or developers to identify the types and exact locations of these types of i m prove men ts. Thank you again for the opportunity to comment on the MND for the Ponto Beachfront Village Vision Plan. If you have any questions regarding my comments, please contact me at (760) 966-6546 or email me at kluhrsen@nctd.orq. Sincerely, Kurt Luhrsen Principal Planner 65' - City of Carlsbad April 26,2005 Kurt Luhrsen Principal Planner NCTD 81 0 Mission Avenue Oceanside CA 92054-2825 SUBJECT: RESPONSE TO COMMENTS -MITIGATED NEGATIVE DECLARATION FOR GPA 05-04/LCPA 05-01 - PONTO BEACHFRONT VILLAGE VISION PLAN Dear Ms. Luhrsen: Thank you for.your comments on the draft Mitigated Negative Declaration for the Ponto Beachfront Village Vision Plan. Your comments regarding bus stop design and location are duly noted and will be placed into the public record. Following is a response to your comments. The Ponto Beachfront Village Vision Plan is intended to provide general guidance for future development in the area but it does not approve any specific development proposals. The Mitigated Negative Declaration addressed all potential environmental impacts that are foreseeable at this time as a result of approval of the Vision Plan and the associated General Plan and Local Coastal Program Amendments. Mitigation measures to address the impacts that are foreseeable at the time of approval of a Vision Plan have been incorporated into the Negative Declaration. All future development proposals within the Vision Plan area will be reviewed for needed improvements to existing bus stops to enhance their accessibility and attractiveness. The city forwards all applications for specific development proposals to NCTD for review and comment. The city also places a condition on all development proposals where NCTD determines the need for bus stops which reads as follows: "Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities shall be free from advertising and shall at a minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with the basic architectural theme of the project." Feel free to contact me at (760) 602-4606 if you have any questions or would like to further discuss this matter. Sincerely, -,q /GAR\/T. BARBERIO Principal Planner GTB:ls C: Deborah Fountain, Housing and Redevelopment Director File Copy 61, @ 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us 04/13/2005 16:03 FAX 918 657 5390 NAHC @I 001/004 NATtVE AMERICAN HERITAGE COMMISSION 915 CAflTOl MALL, ROOM 3a4 SACRAME?frO, CA 95814 (SW - (916) 8575380 -Fa April 13,2005 Mr. Gary Barbedo City of Carlsbad 1635 Faraday Ave. Cadabad, CA 92008 Re: GPA OWLCPA 05-01 - Ponto Beachfront Village Vision Plan SCW 2oO5031073 Thank you for the opportunity to comment on the above-mcntioned document The Commission was able to pMom a record search of its Sacred Lands File for the project area. which failed to indicate the presence of Native American cultural mwrces in the imrnedii pdect area, The absence of speciftc site information in the Sacred Lands File does not indicate the absence of culhrrsl resources in any project area. Other sources of cultural resources shouId also be contacted for information regarding known and mded sites. a project is underway. Endosed is a list of Native Americans individualdorganizatitians that may have knowledge of cultural resources in the project area. The Commission makes no recommendation of a single individual or group over andher. Please contact afl those listed; If they cannot supply you with specific mfonnation, they may be able tu mmend others with specific knowkdge. 8y corttacting dl those Ikted, your organization will be better able to respond to daims of failure to oonsult with the appropriate tribe or group. If you have not received a response within wo weeks' time, we recommend that you follow-up with a telephone call to make sure that the information was received. archeological resources. <q n in- 15 f also be included for accidentally discovered archeologbl rcswrces during construction per California Environmental Quality Act (CEQA}, Public Reswtccs Code 51 5064.5 (0. Health and Sfety Code $7050.5; and Public Resources Code §.5097.88 mandate the process to be followed in the event of an accidental discovery of any human remains in a location other than a dediid CemetW and should be inciudeci in all environmental documents. If you have any questions, please contact me at (916) 653- 6251. Early Consultation with tribes in your area ia the bestway to avoid unafiticiDaW discbvek Once Lack of surface evidence of artheobgid tesaurcec does not predude the existme of s 1 U affectodb . Pmvisionsshould Sinerely, Cc: State Clearinghouse 04/13/2005 16:03 FAX 916 657 5390 NAHC @ 002/004 E3arona Group of the Capitan Grande Rhonda Welch-Scalco, Chairperson 1095 Barona Road Diegueno sue 8 barona.org (61 9) 443-661 2 Lakeside 9 CA 92040 Native Amerlcan Contacts San Diego County April 13,2005 Barona Group of the Capitan Grande AnN: David Baron 1095 Barona Road Diegueno (619) 443-6612 Lakeside 1 CA 92040 Barona Group of the Capitan Grande Am: €PA Specialist 1095 Barona Road Diegueno Lakeside 8 CA 92040 -. -- GaL----e. mwc. Kumeyaay Cultural Historic Committee Ron Christman 56 Viejas Grade Road (61 9) 4.lt5-0385 Dieg uenoKumeyaay Alpine 9 CA 92001 Kumeyaay Cultural Repatriation Committee Steve Banegas, Spokesperson 1095 Barona Road Dieg ueno/Kumeyaay (619) 443-6612 (619)443-0681 FAX Lakeside CA 92040 La Jolla Band of Mission Indians ATTN: Rob Roy, Environmental Director 22000 H'ihway 76 Luiseno PaumaValley CA 92061 laiolla-sherrv@aol.com and -. City of Carlsbad April 26, 2005 Carol Gaubatz Program Analyst Native American Heritage Commission 91 5 Capitol Mall Room 364 *. Sacramento, CA 95814 SUBJECT RESPONSE TO COMMENTS - MITIGATED NEGATIVE DECLARATION FOR GPA 05-04/LCPA 05-01 - PONTO BEACHFRONT VILLAGE VISION PLAN Dear Ms. Gaubatz: Thank you for your comments on the draft Mitigated Negative Declaration for the Ponto Beachfront Village Vision Plan. Your comments regarding cultural resources are duly noted and will be placed into the public record. Following is a response to your comments. The Ponto Beachfront Village Vision Plan is intended to provide general guidance for future development in the area but it does not approve any specific development proposals. The Mitigated Negative Declaration addressed all potential environmental impacts that are foreseeable at this time as a result of approval of the Vision Plan and the associated General Plan and Local Coastal Program Amendments. Mitigation measures to address the impacts that are foreseeable at the time of approval of a Vision Plan have been incorporated into the Negative Declaration including one related to cultural resources. The measure reads as follows: "Because there may be a subsurface component, all development projects proposed within the 50-acre development are in the future shall be required to complete additional testing to establish condition, content, and research potential of any significant cultural or paleontological resources or human remains." Therefore when specific development proposals are submitted in the future, they will be required to comply with this measure. Feel free to contact me at (760) 602-4606 if you have any questions or would like to further discuss this matter. GAR9 T. BARBER10 Principal Planner GTB:bd C: Deborah Fountain, Housing and Redevelopment Director File Copy L9 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us Sent by: Worden,Williams,Richrnond 1 858 755 5198; 04/18/2005 15:02; #656; Page 2t3 April 18,2005 Via Facsimite and W .S. Mail Gay Barberio Planning Department City of Carlsbad 1635 Fardaay Avenue Carlsbad, California 92008 Re; Ponto Beachfront Village Vision Plan LCPA 05-01 GPA 05-004 Dear Mr. Barberio: I understand that the comment period for the Mitigated Negative Deciaration for the above Project closes today at 5:OO pm. We were retained today by homeowners near the Project who have concerns with regard to site access, traffic, public parking, public trails, aesthetics, lighting, noise and other impacts that the Project may or may not cause. Hawever, given the short time frame, I am unable to review or draft meaningful comments on the Mitigated Negative Declaration. I therefore, object to the Mitigated Negative Declaration based on those issues, and request that the comment period be extended untii Friday, Aprii 22, so that I may review the Mitigated Negative Declaration and the Draft Vision Plan and comment appropriately. If possible, I wit1 send any comments prior to Friday so that you can keep your Project on track for the May 4 Planning Commission hearing. I )I I II 'I 76 Sent by: Worden ,Williarns,Richrnond 1 658 755 5198; 04/18/3~05 15:02; #656; Page 3/3 Gaiy Barberio April 18,2005 Page 2 Please place this office on the mailing list to receive all public notices reganling the above Project. Thank you, in advance, for your attention to this matter. Vey tntiy yours, WORDEN WIWS, APC - D. Wayne B-chtet dwb(~wdenwil~im.corn cc: Client Redevelopment Agency \x. WORDEN WILLIAMS APC Representing Public Agencies, Private Entities, and Individuals April 22,2005 . : .__._ .. Gary Barberio Planning Department City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Re: Ponto Beachfront Village Vision Plan LCPA 05-01 GPA 05-004 Dear Mr. Barberio: This office represents residents of the Hanover Beach Colony to the north of the Ponto Beachfront Village Vision Plan area. Thank you for the opportunity to comment on the Draft Mitigated Negative Declaration (MND) for the Vision Plan. While we have not had the time to review all of the back-up documents referenced in the MND, we have reviewed the Draft Vision Plan and the MND. We plan to attend the upcoming Planning Commission hearing and may have additional comments, but in the meantime we offer the following: 0 The language in the Vision Plan is very flexible, using terms such as “should” instead of “shall.” Given the flexible language, and the fact that it is not a formal planning document, there is very little certainty that the guidelines allegedly mitigating impacts will, in fact, ultimately occur. This is especially important when it comes to providing public benefits that will not generate income for developers, such as public plazas, pedestrian paths, public art, etc. For example, the Project envisions a community trail, but the language on page 3-7 uses terms such as “should” instead of “shall.” The City has a history of difficulty in getting developers to implement pedestrian paths envisioned in guidance documents when there is no strong condition AREAS OF PRACTICE PUBLIC AGENCY LAND USE AND ENVl RON MENTAL REAL ESTATE PERSONAL INIURY ESTATE PLANNING AND ADMINISTRATION CIVIL LITIGATION ATTORNEYS TRACY R. RICHMOND 0. WAYNE BRECHTEL TERRY I. KlLPATRlCK TERRY M. GIBBS MALINDA R. DICKENSON MICHAEL 6. FURMAN, LL.M. Of Counsel D. DWIGHT WORDEN Oi Counsel W. SCOTT WILLIAMS Oi Counsel OFFICE 462 STEVENS AVENUE SUITE 102 SOLANA BEACH CALIFORNIA 920i5 (858) 755-6604 TELEPHONE (858) 755-5198 FACSIMILE www.wordenwilliarns.com Gary Barberio April 22,2005 Page 2 requiring the path. Similarly, there are no specific percentages of how much public open space is needed in order for a proposed development to consistent with the Vision Plan. 0 Environmental review for Projects proposed as part of the Vision Plan is inadequate. For example, the Vision Plan proposes a resort hotel facility at the north end of the Project area. This Project element is proposed by Wave Crest and has the potential to cause a number of significant environmental effects, such as noise, traffic, and view impacts. As currently proposed, access to the facility would be by way of the same street that serves as access to the Hanover Beach Colony. This creates the potential for significant traffic, circulation and parking inipazts. Hawever, the MND lacks any specific analysis of potential traffic and parking impacts for the resort facility. Instead, the MND includes general conclusions regarding overall traffic, purportedly, being lower than what would occur under General Plan build out. In addition, the MND lacks any specific studies identifying public and private view impacts across the hotel facility and no noise study identifying potential impacts and mitigation measures that could be used to avoid noise impacts to the adjacent community. Preliminary information indicates that the Project will include a large hotel and parking structure that could significantly impact local views. These, and other potential impacts of Project specific elements, must be addressed adequately in the MND. 0 Further, we are concerned that when specific development proposals are made, the City will not have enough information or criteria in the Vision Plan to evaluate and mitigate potential impacts of various proposals. This point is made clear when one considers the preliminary proposal by Wave Crest for a hotel in the north end of the Project area. There is so little detail, in terms of hard and fast criteria, in the Vision Plan, it seems that the City would have a hard time requiring the applicant to provide percentages of open space, mitigation for loss of views, reduction in traffic and noise impacts, etc. It is almost as if the pubiic is at the mercy of the generosity oi each developer, since the City wili have little say in the Project. 0 The Plan does not discuss how changes in the Plan will be accomplished. Will there be public review? Will the Redevelopment Department be able to change the Plan without notice to the public? Do changes go through the Planning Commission and City Council? -- 0 Which agency/department will be able to interpret any ambiguities? For example, on page 2-12 it indicates that residential is allowed as long as it does not “disrupt retail continuity.” Who will get to decide if a proposed project is “disrupting” the retail continuity? ~\ClientrUjpbowUatters\Planning Dept.OOZ.Commen&.wpd Gary Barberio April 22,2005 Page 3 The Plan does not discuss how the public will be involved in the decision making process as specific Projects go forward. Will there be opportunities to affect the design of each development? Given the whole Plan is being processed as a Negative Declaration, how likely is it that there will be an EIR to address the specific issues related to proposed developments? The MND found the potential for significant impacts to the loss of agricultural areas, biological resources, cultural resources, noise and transportatiodtraffic. The MND proposes mitigation t~ actd~ss thcsc ccficerns. For the mcst part, the mitigztim involves site specific studies when specific developments are proposed. This appears to be an improper deferral of mitigation. While site specific impacts may be difficult to address at this level of planning, the regional impacts should be addressed. In this regard, it appears that the MND falls short of the mark. For example, the MND traffic analysis did not address the 1-5 freeway or the freeway odoff ramps. In addition, the MND traffic analysis claims that the congestion management roads are not significantly impacted, but this appears to be a conclusory statement not supported by substantial evidence. The traffic analysis done for the MND is also flawed because it incorporates traffic assumptions for an area designated as “unplanned.” Specifically, the MND concludes that traffic that would be generated by uses allowed under the current Plan would be greater than those permitted by the Vision Plan. This assumption has absolutely no basis with respect to the area designated as “unplanned.” Further, it is an improper focus of an environmental analysis to measure against what could happen. The proper reference for purposes of environmental review is current conditions and how those wouid be mcldified by “ne proposed Project. The MND failed to identify that the area in general is deficient in public parking. There needs to be convenient public parking for beach use in this area. The parking needs to be accessible from Carlsbad Boulevard, not the internal streets of the development. There also needs to be enough parking for the proposed trail use. There is no provision in the Plan for providing public restrooms, and yet the Plan talks about encouraging the public and pedestrian use. The MND did not identify the significant loss of views that Amtrak and Coaster riders will experience. K\Clients\LipbwVetterr\Planning Dept.M)Z.Commenk.wpd Gary Barberio April 22,2005 Page 4 0 The area could use a large park or play field, and yet the Plan does not seem to identify a place for this. Again, thank you for the opportunity to comment on the MND. Please place this office on the mailing list to receive all public notices regarding the above Project. Thank you, in advance, for your attention to this matter. WORDEN WIWS, APC D. Wayne Biechtel dwb@ wordenw illiams . corn DWB:lg cc: Clients Debbie Fountain, Housing and Redevelopment Department K:\Clienk\LipbowLetters\Planning Dept.OO2.Cornrnents.wpd 75 -. City of Carlsbad April 27, 2005 D. Wayne Brechtel Worden Williams, APC 426 Stevens Avenue Solana Beach, CA 92075 SUBJECT: RESPONSE TO COMMENTS - MITIGATED NEGATIVE DECLARATION FOR GPA 05-04/LCPA 05-01 - PONTO BEACHFRONT VILLAGE VISION PLAN Dear Mr. Brechtel: Thank you for your comments on the draft Mitigated Negative Declaration for the Ponto Beachfront Village Vision Plan. Your comments are duly noted and will be placed into the public record. Following are responses to your comments. General Response: The Ponto Beachfront Village Vision Plan is intended to provide general guidance for future development in the area but it does not entitle any specific development proposal. The Mitigated Negative Declaration addressed all potential environmental impacts that are foreseeable at this time as a result of approval of the Vision Plan and the associated General Plan and Local Coastal Program Amendments. Mitigation measures to address the impacts that are foreseeable at the time of approval of the Vision Plan have been incorporated into the Mitigated Negative Declaration, including measures dealing with agricultural resources, biological resources, cultural resources, noise and traffic. Specific Responses (the number of each response corresponds to the sequence of the comments in your letter): 1. The Plan is intended to set the overall vision for the area and, by its very nature is intended to be somewhat general and flexible. However, the proposed General Plan and Local Coastal Program Amendments incorporate references to the Plan into the General Plan and the Local Coastal Program. This ensures that the Plan will guide future development proposals. Also, the Mitigated Negative Declaration incorporates mitigation measures for foreseeable impacts as a result of approving the Plan which must be complied with on any subsequent project actions. . 2. Same response as Number 1 above. Also, any future development proposals must be consistent with and comply with the General Plan, the Local Coastal Program, the Zoning Ordinance, and any applicable Specific Plan, Master Plan, etc. All future proposals for development must go through the appropriate City discretionary permit process and may be conditioned to provide improvements, facilities, and project features such as trails and open space as warranted by the scale of the development project and all applicable development standards established by the City. 76 1635 Faraday Avenue Carlsbad, CA 92008-7314 - (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us 3. 4. 5. 6. 7. 8. 9. The Mitigated Negative Declaration proposes mitigatih measures for the impacts that are foreseeable at this time as a result of the approval of the Plan. The Mitigated Negative Declaration analyzes traffic, parking, noise and view issues for a maximum buildout scenario for the entire Plan area, based on the land uses proposed in the Plan. No formal applications for specific development proposals have been submitted in the Plan area at this time. Same response as Number 1 and Number 2 above. As an example, the need for public facilities, such as parks, is determined by the City’s Growth Management Plan. The Growth Management Plan does not identify the need for a park within the Plan area. Poinsettia Park and Aviara Park provide the needed park facilities for the southwest quadrant of the city. However, the Plan does propose a small wetland interpretive park in the Plan area and all future development projects will be required to provide individual open space and recreational amenities consistent with the standards contained in the General Plan, the Local Coastal Program, the Zoning Ordinance, and/or any applicable Specific Plan, Master Plan, etc. Any change or amendment to the Plan would have to go through the same review and adoption process by which the Plan is adopted. The Plan will be reviewed and approved through noticed public hearings of the Planning Commission and the City Council. The ultimate authority to interpret the Plan lies with the decision-making bodies (Planning Commission and/or the City Council). City staff would makes recommendations on specific project proposals to the appropriate decision-making body, consistent with the purpose and intent of the Plan. Future development projects will go through the City’s normal discretionary review process just like any other project in the city with the same requirements for public notice and participation. The need to prepare an EIR for a future project will be determined at the time a formal application is submitted and determined to be complete. The Mitigated Negative Declaration proposes mitigation measures for the impacts that are foreseeable at this time. The Plan mitigation measures will serve to guide project- specific mitigation in the future. No formal applications for specific development proposals have been submitted at this time. To evaluate potential traffic impacts associated with future development in the Vision Plan area and the surrounding roadway network, a traffic constraints study was prepared entitled “Ponto Vision Plan Traffic Constraints Study” dated September 3, 2004. The , area identified for the traffic constraints study included 34 intersections (including Palomar Airport Road/ld, Poinsettia Lane/l-5, and La Costa Avenue/l-5) and 20 roadway segments. The general boundaries of the traffic study area were Palomar Airport Road to the north; El Camino Real to the east; La Costa Avenue to the south; and Carlsbad Boulevard to the west. The analysis showed that future development in the Plan area would not have significant impacts on traffic in the traffic study area with appropriate mitigation. A traffic mitigation measure is proposed requiring all future projects to participate in improvements to the intersection of Poinsettia Lane and Paseo Del Norte. .. IO. The estimate of traffic generation from the “unplanned“ area within the Plan boundaries was determined by using the land use projection and corresponding traffic generation 77 11. 12. 13. 14. contained in the City Growth Management Plan Zoie 9 Local Facilities Management Plan and the Poinsettia Shores Master Plan. These are the best sources for estimating future traffic generation for the “unplanned” areas within the Plan area. The traffic study completed for the Plan did identify current traffic conditions as well as future traffic generation based on the ultimate development of the area. Comment noted. Most of the coastal areas in Carlsbad have a need for more parking especially during the peak beach use seasons. One of the objectives of realigning Carlsbad Boulevard along the Plan area is to increase public parking. All future development projects in the Plan area will be required to provide parking in compliance with the parking standards of the Zoning Ordinance. The Plan also encourages pedestrian and bicycle oriented development, which serves to help to reduce any potential future parking problem. Comment noted. The issue of public restrooms was not raised at the public workshops held during the development of the Plan. The City currently has no adopted standard for requiring public restrooms with development. Future development proposals can be evaluated with respect to the need to provide public restrooms as appropriate. The Mitigated Negative Declaration proposes mitigation measures for impacts which are foreseeable at this time as a result of approval of the Plan. It is not foreseeable without a specific development proposal to determine if development in the area will affect public views. The need for public facilities, such as parks, is determined by the City’s Growth Management Plan. The Growth Management Plan does not identify the need for a park within the Plan area. Poinsettia Park and Aviara Park provide the needed park facilities for the southwest quadrant of the city. However, the Plan does propose a small wetland interpretive park in the Plan area and all future development projects will be required to provide individual open space and recreational amenities consistent with the standards contained in the General Plan, the Local Coastal Program, the Zoning Ordinance, and/or any applicable Specific Plan, Master Plan, etc. Feel free to contact me at (760) 602-4606 if you have any questions or would like to further discuss this matter. ‘ GARY T. BARBER10 Principal Planner GTB:ls C: Deborah Fountain, Housing and Redevelopment Director File Copy 78 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 PLANNING COMMISSION RESOLUTION NO. 5885 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNLA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN TO INCLUDE REFERENCE TO THE PONTO BEACHFRONT VILLAGE VISION PLAN FOR PROPERTIES GENERALLY LOCATED BETWEEN CARLSBAD BOULEVARD AND THE SAN DEGO NORTHERN RAILROAD, NORTH OF BATIQUITOS LAGOON AND SOUTH OF PONTO ROAD. CASE NAME: PONTO BEACHFRONT VILLAGE VISION PLAN CASE NO: GPA 05-04 WHEREAS, the City of Carlsbad, “Applicant,” has filed a verified application with the City of Carlsbad regarding property described as the areas known as the Ponto Beachfront Village Area generally located between Carlsbad Boulevard and the San Diego Northern Railroad, north of Batiquitos Lagoon and south of Ponto Road (“the Property”); and WHEREAS, said verified application constitutes a request for a General Plan Amendment as shown on Exhibit “A” dated May 4, 2005, attached hereto and on file in the Carlsbad Planning Department, PONTO BEACHFRONT VILLAGE VISION PLAN - GPA 05-04 as provided in Government Code Section 65350 et. seq. and Section 21.52.160 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 4th day of May, 2005, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the General Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: 79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) That the above recitations are true and cirrect. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of the PONTO BEACHFRONT VILLAGE VISION PLAN - GPA 05-04, based on the following findings and subject to the following conditions: Findings: 1. The amendment is consistent with Section I1 of the Land Use Element of the General Plan, Subsection D (Special Planning Considerations) which allows the city. to designate specific areas or land uses in the city for special planning considerations. 2. The amendment is consistent with Goal A.l, Goal A.3, Objective B.l, and Objective B.3 of the Land Use Element of the General Plan as identified and described in * Table A of the Planning Commission staff report dated May 4,2005. 3. The amendment is consistent with all other applicable City plans as described in the Planning Commission staff report dated May 4,2005. Conditions: 1. ... ... ... ... ... ... ... ... ... ... ... Approval is granted subject to approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, LCPA 05-01 and DI 05-01, and is subject to Planning Commission Resolutions No. 5884, 5886 and 5887 for those other approvals incorporated herein by reference. PC RES0 NO. 5885 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTkD at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 4th day of May, 2005, by the following vote, to wit: AYES: NOES: ABSENT: Chairperson Segall, Commissioners Baker, Cardosa and Whitton Commissioners Dominguez, Heineman and Montgomery ABSTAIN: /9 s JEFFRE N. SEGALL, C erson CARLSBAD PLANNING COMMISSION ATTEST: n DON NEU Assistant Planning Director PC RES0 NO. 5885 -3 - Exihibit “A May 4,2005 GENERAL PLAN AMENDMENT PONTO BEACHFRONT VILLAGE VISION PLAN PROPOSED AMENDMENT GPA 05-04 Amend Section II of the Land Use Element of the City of Carlsbad General Plan by adding a new Number 3 to Subsection D. Special Planning Considerations to read as follows: “3. The Ponto Beachfront Village Area consists of approximately 50 acres of land located between Carlsbad Boulevard and the San Diego Northern Railroad, north of Batiquitos Lagoon and south of Ponto Road. It is part of a larger land use and circulation study area containing 130 acres extending from the southern city limits on Carlsbad Boulevard to Poinsettia Lane. The northern portion of the area is also located within the boundaries of the city’s.South Carlsbad Coastal Redevelopment Plan. Presently, the area contains older homes and businesses which have a strong potential for redevelopment and several important underutilized or vacant properties. Recognizing the potential for new development in this area and its important location at the southern gateway to the city, a Vision Plan has been prepared for the area. The Plan includes a Vision Statement, desirable land uses, a proposed vehicular and pedestrian circulation system and design guidelines to direct future development in the area. The intent of the Vision Plan is to create a mixed use, active pedestrian and bicycle oriented area with a strong sense of place, village atmosphere and unique character of design. Future proposals for new development within this area of special planning consideration shall be guided by the Vision Plan and all future development permits (site development plan, coastal development permit, etc.) shall be reviewed by the city for conformance with the Ponto Beachfront Village Vision Plan.” Renumber existing Subsection D. numbers 3 through 7 to numbers 4 through 8. 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 PLANNING COMMISSION RESOLUTION NO. 5886 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM LAND USE PLAN TO ADD TEXT TO THE MELLO II AND WEST BATIQUITOS/SAMMIS PROPERTIES SEGMENTS TO INCORPORATE REFERENCE TO THE PONTO BEACHFRONT VILLAGE VISION PLAN FOR PROPERTIES GENERALLY LOCATED BETWEEN CARLSBAD BOULEVARD AND THE SAN DIEGO NORTHERN RAILROAD, NORTH OF *BATIQUITOS LAGOON AND SOUTH OF PONTO ROAD. CASE NAME: PONTO BEACHFRONT VILLAGE VISION PLAN CASE NO: LCPA 05-01 WHEREAS, the City of Carlsbad, “Applicant,” has filed a verified application with the City of Carlsbad regarding property described as the areas known as the Ponto Beachfront Village Area generally located between Carlsbad Boulevard and the San Diego Northern Railroad, north of Batiquitos Lagoon and south of Ponto Road (“the Property”); and WHEREAS, said verified application constitutes a request for a Local Coastal Program text amendment as shown on Exhibit “X,” dated May 4, 2005, attached hereto and on file in the Carlsbad Planning Department, PONTO BEACHFRONT VILLAGE VISION PLAN - LCPA 05-01; and WHEREAS, said verified application also constitutes a request for a Local Coastal Program Amendment as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal Commission Administrative Regulations; and WHEREAS, the Planning Commission did on the 4th day of May 2005, hold a duly noticed public hearing as prescribed by law to consider said request; and 8: 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 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Local Coastal Program Amendment; and WHEREAS, State Coastal Guidelines requires a six week public review period for any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the foregoing recitations are true and correct. ’ B) At the end of the State mandated six week review period, starting on March 18, 2005, and ending on April 29, 2005, staff shall present to the City Council a summary of the comments received, C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of the PONTO BEACHFRONT VILLAGE VISION PLAN - LCPA 05-01 based on the following findings, and subject to the following conditions: Findings: 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act. 2. That the proposed Local Coastal Plan Amendment is consistent with the existing policies of the Mello I1 and West Batiquitos/Sammis Properties segments of the Local Coastal Program in that the Ponto Beachfront Village Vision Plan which is being incorporated into the plan segments encourages enhanced public access and views, mixed use, including visitor/tourist-serving uses and a unique character of design. 3. That the proposed amendment requires all future development in the area to be consistent with the policies of the Coastal Act and the City’s Local Coastal Program. Conditions: 1. Approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 05-04 and DI 05-01, and is subject to Planning Commission Resolutions No. 5884, 5885 and 5887 for those other approvals incorporated herein by reference. ... ... -2- 89 PC RES0 NO. 5886 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _. PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning Commission of the City of Carlsbad, held on the 4th day of May 2005, by the following vote, to wit: AYES: NOES: ABSENT: Chairperson Segall, Commissioners Baker, Cardosa and Whitton Commissioners Dominguez, Heineman and Montgomery ABSTAIN: 3 JEF RE N. SEGALL, airperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Assistant Planning Director PC RES0 NO. 5886 -3 - Exhibit “X” May4,2005 -- LOCAL COASTAL PROGRAM AMENDMENT PONTO BEACHFRONT VILLAGE VISION PLAN PROPOSED AM ENDM ENTS LCPA 05-01 1. Amend the Mello II segment of the city’s Local Coastal Program by the addition of a new Policy 6.10 (on page 67) to read as follows: “Policy 6.1 0 Ponto Beachfront Villaqe Vision Plan The Ponto Beachfront Village Area consists of approximately 50 acres of land located between Carlsbad Boulevard and the San Diego Northern Railroad, north of Batiquitos Lagoon and south of Ponto Road. It is part of a larger land use and circulation study area containing 130 acres extending from the southern city limits on Carlsbad Boulevard to Poinsettia Lane. The northern portion of the area is also located within the boundaries of the city’s South Carlsbad Coastal Redevelopment Plan. Presently, the area ‘contains older homes and businesses which have a strong potential for redevelopment and several important underutilized or vacant properties. Recognizing the potential for new development in this area and its important location at the southern gateway to the city, a Vision Plan has been prepared for the area. The Plan includes a Vision Statement, desirable land uses, a proposed vehicular and pedestrian circulation system and design guidelines to direct future development in the area. The intent of the Vision Plan is to create a mixed use, active pedestrian and bicycle oriented area with a strong sense of place, village atmosphere and unique character of design. A strong emphasis is placed on recreation and visitor serving uses. Future proposals for new development within this area shall be guided by the Vision Plan and all future development permits (site development plan, coastal development permit, etc.) shall be reviewed by the city for conformance with the Ponto Beachfront Village Vision Plan. 2. Amend the West Batiquitos Lagoon/Sammis Properties segment of the city’s Local Coastal Program by the addition of a new section J. (on page 88) to read as follows: “J. Ponto Beachfront Villacle Vision Plan Planning Areas F, G and H of the Poinsettia Shores Master Plan are also located in the area identified by the City of Carlsbad as the Ponto Beachfront Village. The Ponto Beachfront Village Area consists of approximately 50 acres of land located between Carlsbad Boulevard and the San Diego Northern Railroad, north of Batiquitos Lagoon and south of Ponto Road. It is part of a larger land use and circulation study area containing 130 acres extending from the southern city limits on Carlsbad Boulevard to Poinsettia Lane. Presently, the area contains older homes and businesses which have a strong potential for redevelopment and several important underutilized or vacant properties. Recognizing the potential for new development in this area and its important location at the southern gateway of the city, a Vision Plan has been prepared for the area. The Plan includes a Vision Statement, desirable land uses, a proposed vehicular and pedestrian circulation system and design guidelines to direct future development in the area. The intent of the Vision Plan is to create a mixed use, active pedestrian and bicycle oriented area with a strong sense of place, village atmosphere and unique character of design. Future proposals for development within Planning Areas F, G and H of the Poinsettia Shores Master Plan shall be guided by the Vision Plan and all future development permits (site development plan, coastal development permit, etc.) shall be reviewed by the city for conformance with the Ponto Beachfront Village Vision Plan. 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 PLANNING COMMISSION RESOLUTION NO. 5887 A RESOLUTION OF THE PLANNING COMMISSION OF THE ING APPROVAL OF THE PONTO BEACHFRONT VILLAGE VISION PLAN FOR THE AREA GENEWLY LOCATED BETWEEN CARLSBAD BOULEVARD AND SAN DIEGO NORTHERN RAILROAD, NORTH OF BATIQUITOS LAGOON AND SOUTH OF PONTO ROAD. CASE NAME: PONTO BEACHFRONT VILLAGE VISION CITY OF CITY CARLSBAD, CALIFORNIA, RECOMMEND- PLAN CASE NO: DI 05-01 WHEREAS, the Ponto Beachfront Village Vision Plan has been prepared by the city and submitted to the Planning Commission for review; and WHEREAS, the intent of the Ponto Beachfront Village Vision Plan is to create a mixed use, active pedestrian and bicycle oriented area with a strong sense of place, village atmosphere and unique character of design in the Ponto area; and WHEREAS, a General Plan Amendment (GPA 05-04) and Local Coastal Program Amendment (LCPA 05-01) to incorporate reference to the Ponto Beachfront Village Vision Plan has also been considered by the Planning Commission; and WHEREAS, the Planning Commission did on the 4th day of May, 2005, consider said matter and all factors relating to ths item. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the p.ublic hearing, the Commission RECOMMENDS APPROVAL of the PONTO BEACHFRONT VILLAGE VISION PLAN - DI 05-01 based on the following findings and subject to the following conditions: Findings: 1. The Ponto Beachfront Village Vision Plan is consistent with the General Plan and the Local Coastal Program as described in GPA 05-04 and LCPA 05-01. 2. The Ponto Beachfront Village Vision Plan contains desirable land uses, circulation system and design guidelines which will allow future development proposals to comply with the intent of the Plan to create a mixed use, pedestrian and bicycle 8 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 oriented, and visitor-serving area with strong sense of place and village atmosphere. Conditions: 1. Approval is granted subject to approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 05-04 and LCPA 05-01, and is subject to Planning Commission Resolutions No. 5884, 5885 and 5886 for those other approvals incorporated herein by reference. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 4th day of May, 2005, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Cardosa and Whitton NOES: ABSENT: Commissioners Dominguez, Heineman and Montgomery ABSTAIN: JEFF=-N. SEGALL, Chai6on CARLSBAD PLANNING COMMISSION ATTEST: n DON NEU Assistant Planning Director PC RES0 NO. 5887 -2- The City of Carlsbad Planning Department EXHIBIT 5 -. A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: May 4,2005 Application complete date: NIA Project Planner: Debbie Fountain Gary Barberio Project Engineer: Bob Wojcik SUBJECT: GPA 05-04aCPA 05-01/DI 05-01 - PONTO BEACHFRONT VILLAGE VISION PLAN - Request for approval of a Mitigated Negative Declaration, General Plan Amendment, and Local Coastal Program Amendment for the Ponto Beacuont Village Vision Plan in order to approve the Vision Plan document and to reference it in the city’s General Plan and Local Coastal Program. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 5884, 5885, 5886 and 5887 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and RECOMMENDING APPROVAL of General Plan Amendment (GPA 05-04), Local Coastal Program Amendment (LCPA 05-01) and the Ponto Beachfiont Village Vision Plan @I 05-01) based on the findings contained therein. 11. INTRODUCTION AND BACKGROUND The Ponto area is located in the most southwesterly portion of the city near the city’s southern entrance along Carlsbad Boulevard. It presently contains older homes and businesses most of which were developed in the county before the city incorporated. Recognizing its potential for redevelopment and its prime coastal location across fiom the state campgrounds and near new single-family neighborhoods, the city decided to create a “vision plan” for the area to direct future development in the Ponto area. With input fiom the property owners, nearby residents, and other interested persons, the Ponto Beachfiont Village Vision Plan was prepared. The Plan covers a larger study area consisting of approximately 130 acres. However, the area considered viable for future development or redevelopment is approximately 50 acres. The 50 acres (refer to location map) consist of the older Ponto area which is also included in the South Carlsbad Coastal Redevelopment area, one small, vacant parcel located within the boundaries of the Poinsettia Properties Specific Plan and several vacant properties located in the previously approved Poinsettia Shores Master Plan. The intent of the Ponto Beachfront Vision Plan is to create a mixed use, active pedestrian and bicycle oriented area with a strong sense of place, village atmosphere and unique character of design. Because of its prime location at the southern gateway to the city and across from the beach and campgrounds, it could become a vibrant part of the city providing amenities for city residents as well as tourists. A copy of the Vision Plan is attached for Planning Commission review and approval. In addition to background information (including the public input process) the Plan contains a Vision Statement, desirable land uses, a proposed vehicular and pedestrian circulation system GPA 05-04/LCPA 05-01DI 05-01 - PONTO BEACHFRONT VILLAGE VISION PLAN May 4,2005 and design guidelines to direct future development in the area. In order for fhture development proposals to be guided by the Plan and in order to allow the city to review future proposals for compliance with the Plan, it is necessary to amend the Land Use Element of the city’s General Plan and to amend the Local Coastal Program (Mello I1 and West Batiquitos segments) by incorporating references to the Ponto Beachfiont Village Vision Plan. 111. PROJECT DESCRIPTION This item is a request to have the Planning Commission review the Ponto Beachfront Village Vision Plan, to approve a General Plan Amendment to incorporate text referencing the Plan into the Land Use Element of the General Plan and to approve a Local Coastal Program Amendment which would also incorporate text referencing the Plan into the Mello II and the West Batiquitos LagoodSammis Properties segments of the Local Coastal Program. By incorporating a description .and references to the Ponto Beachfront Village Vision Plan in these documents, it will allow fitwe proposals for development to use the guidelines contained in the Plan and it will permit the city to review fhre developments for conformance with the Plan. General Plan Amendment The Land Use Element of the General Plan presently references areas of the City for “Special Planning Considerations” (Section D, Page 21 of the Land Use Element). This section presently includes areas of the city such as the Downtown Village area, the McClellan-Palomar Airport area, the Buena Vista Watershed and the Barrio area. Staff is recommending that the Ponto Beachfront Village Area be added to this section of the Land Use Element to read as follows: “3 - Ponto Beachfront Village Area The Ponto Beachfiont Village Area consists of approximately 50 acres of land located between Carlsbad Boulevard and the San Diego Northern Railroad, north of Batiquitos Lagoon and south of Ponto Road. It is part of a larger land use and circulation study area containing 130 acres extending from the southern city limits on Carlsbad Boulevard to Poinsettia Lane. The northern portion of the area is also located within the boundaries of the city’s South Carlsbad Coastal Redevelopment Plan. Presently, the area contains older homes and businesses which have a strong potential for redevelopment and several important underutilized or vacant properties. Recognizing the potential for new development in this area and its important location at the southern gateway to the city, a Vision Plan has been prepared for this area. The Plan includes a Vision Statement, desirable land uses, a proposed vehicular and pedestrian circulation system and design guidelines to direct future development in the area. The intent of the Vision Plan is to create a mixed use, active pedestrian and bicycle oriented area with a strong sense of place, village atmosphere and unique character of design. Future proposals for new development within this area of special planning consideration shall be guided by the Vision Plan and all fbture development permits (site development plan, coastal development permit, etc.) shall be reviewed by the city for conformance with the Ponto Beachfkont Village Vision Plan.” GO GPA 05-04LCPA 05-01DI 05-01 - PONTO BEACHFRONT VILLAGE VISION PLAN’ May 4,2005 -- Local Coastal Plan Amendment The Ponto Beachfront Village Area is located in two segments of the city’s Local Coastal Program; Mello II for the properties that are located in what is generally considered the older Ponto Area and the West Batiquitos LagoodSammis Properties segment for the vacant properties south of the older Ponto Area which are also part of the Poinsettia Shores Master Plan. Staff is recommending that these two segments of the Local Coastal Program be amended as follows: Amend the Mello 11 segment of the city’s Local Coastal Program by the addition of a new Policy 6.10 (on page 67) to read as follows: “Policy 6.10 Ponto Beachfront Village Area The Ponto Beachfront Village Area consists of approximately 50 acres of land 1ocated.between Carlsbad Boulevard and the San Diego Northern Railroad, north of Batiquitos Lagoon and south of Ponto Road. It is part of a larger land use and circulation study area containing 130 acres extending from the southern city limits on Carlsbad Boulevard to Poinsettia Lane. The northern portion of the area is also located within the boundaries of the city’s South Carlsbad Coastal Redevelopment Plan. Presently, the area contains older homes and businesses which have a strong potential for redevelopment and several important underutilized or vacant properties. Recognizing the potential for new development in this area and its important location at the southern gateway to the city, a Vision Plan has been prepared for the area. The Plan includes a Vision Statement, desirable land uses, a proposed vehicular and pedestrian circulation system and design guidelines to direct future development in the area. The intent of the Vision Plan is to create a mixed use, active pedestrian and bicycle oriented area with a strong sense of place, village atmosphere and unique character of design. A strong emphasis is placed on recreation and visitor serving uses. Future proposals for new development within this area shall be guided by the Vision Plan and all future development permits (site development plan, coastal development permit, etc.) shall be reviewed by the city for conformance with the Ponto Beachfront Village Vision Plan.” Amend the West Batiquitos LagoodSammis Properties segment of the city’s Local Coastal Program by the addition of a new section J (on page 88) to read as follows: 6cJ. Ponto Beachfront Village Vision Plan Planning Areas F, G and H of the Poinsettia Shores Master Plan are also located in the area identified by the City of Carlsbad as the Ponto Beachfront Village Area. The Ponto Beachfkont Village Area consists of approximately 50 acres of land located between Carlsbad Boulevard and the San Diego Northern Railroad, north of Batiquitos Lagoon and south of Ponto Road. It is part of a larger land use and circulation study area containing 130 acres extending fi-om the southern city limits on Carlsbad Boulevard to Poinsettia Lane. Presently, the area contains older homes and businesses which have a strong potential for redevelopment and several important underutilized or vacant properties. Recognizing the potential for new development in this area and its important location at the southern gateway to the city, a Vision Plan has been prepared for the area. The Plan includes a Vision GPA 05-04LLCPA 05-01DI 05-01 - PONTO BEACHFRONT VILLAGE VISION PLAN May 4,2005 PROPOSED USES & IMPROVEMENTS One of the primary goals of the Vision Plan is to encourage development which respects the prominent beach location and historical character of this area of the citv. Statement, desirable land uses, a proposed vehicular and pedestrian circulation system and design guidelines to direct future development in the area. The intent of the Vision Plan is to create a mixed use, active pedestrian and bicycle oriented area with a strong sense of place, village atmosphere and unique character of design. Future proposals for development within Planning Areas F, G and H of the Poinsettia Shores Master Plan shall be guided by the Vision Plan and all hture development permits (site development plan, coastal development permit, etc.) shall be reviewed by the city for conformance with the Ponto Beachfiont Village Vision Plan.” COMPLY? Yes IV. ANALYSIS The Vision Plan encourages a mix of land uses including commercialhetailhisitor-serving uses which will provide economic benefits to the community. A primary goal of the Vision Plan is to create a strong sense of place in this prominent location within the city so that residents and visitors feel they are in a unique, special neighborhood within the city. The proposed amendments to the General Plan and Local Coastal Program involve only text changes to .the documents and do not allow for or accompany any specific development proposals. Therefore, the analysis applied to this request needs to be reviewed for overall consistency with the city’s General Plan, the Local Coastal Program and any other applicable City plans. Yes Yes General Plan Section IT of the Land Use Element of the General Plan (Description of the Land Use Element), Subsection D (Special Planning Considerations) allows for the city to designate specific areas or land uses in the city for special planning consideration. Therefore, the proposed General Plan Amendment request is consistent with this provision of the Land Use Element. The proposed amendment is also consistent with other ,policies of the Land Use Element relating to the overall land use pattern as shown on Table A below: ELEMENT Land Use Land Use Land Use TABLE A - GENERA USE, CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM Goal A. 1 A city which preserves and enhances the environment, character and image of itself as a desirable residential, beach and open space oriented community. Goal A.3 A city which provides for land uses which through their arrangement, location and size, support and enhance the economic viability of the community. Objective B. 1 To create a distinctive sense of place and identity for each community and neighborhood of the city through the development and arrangement of variousland use components. GPA 05-04/LCPA 05-01DI 05-01 - PONTO BEACHFRONT VILLAGE VISION PLAN May 4,2005 Page 5 GOAL, OBJECTIVE, OR PROGRAM Objective B.3 To provide for the social and economic needs of the community in conjunction with permitted land uses. ELEMENT PROPOSED USES & COMPLY? IMPROVEMENTS The Vision Plan encourages a mixture of residential, retail and tourist-serving commercial in order Yes to provide both social and economic benefits to the communitv. Land Use TABLE A - GENERAL PLAN COMPLIANCE CONTINUED USE, CLASSIFICATION, I Local Coastal Program Review of the existing Local Coastal Program was done to analyze consistency of the proposed amendments to existing program policies and to determine compatibility of the Local Coastal Program with the goals and intent of the Ponto Beachfkont Village Vision Plan. The Local Coastal Pro&am encourages enhanced public access, mixed use, visitor/tourist-serving uses, visual amenities and character of design. The purpose of the requested amendment is to reference the Ponto Beachfkont Village Vision Plan so that the area can be developed with these enhancements. The following summarizes specific policies in the existing Mello I1 and West Batiquitos Local Coastal Program Land Use Plans that are addressed by the Vision Plan: Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone. e The Plan proposes extensive pedestrian and bicycle paths, linkage across Carlsbad Boulevard to the State Beach and central plazas and paseos. Visitor-serving uses (hoteVmote1 and restaurant) should be established. e The Plan allows for up to 3 hotels, to include restaurants and other visitor-serving uses. Mixed use development (residential and recreational-commercial) shall be permitted on properties fionting on Carlsbad Boulevard across fi-om South Carlsbad State Beach. e The Plan encourages a balanced and cohesive mix of local and tourist serving commercial, medium and high density residential, mixed use, live/work and open space opportunities. In the “Unplanned Area” of Ponto, which roughly corresponds to the vacant land area north of Avenida Encinas, specific planning efforts are required. The intent is to allow a variety of uses including residential. Future uses could include commercial, residential, office and others. Consider the need for lower cost visitor or recreation facilities on west side of the railroad tracks. e The Plan allows residential use in this portion of the area and proposes a mixed-use commercial center along Carlsbad Boulevard. 93 GPA 05-04LCPA 05-01/DI 05-01 - PONTO BEACHFRONT VILLAGE VISION PLAN May 4,2005 Page 6 (5) In the area south of Avenida Encinas, hotel and timeshare units are allowed, with other uses primarily directed toward tourists visiting hotel, conference center and local scenic and recreation areas. e The Plan allows for a beachfront resort with hotel units, timeshares and public commercial uses. On the southern bluff edge overlooking Batiquitos Lagoon, bluff top accessways or equivalent, overlook areas and a bike/pedesttian path should be provided. e The Plan proposes a multi-purpose perimeter trail along the bluff top and connecting to the rest of the area. (6) Other Applicable Plans The northern portion of the Ponto Beachfi-ont Village Area consists of the older Ponto area and is located within'the South Carlsbad Coastal Redevelopment Plan which was approved in July 2000. The overall intent of the Redevelopment Plan is to (a) strengthen and stimulate the economic base of the area; (b) enhance commercial and recreational functions; (c) increase amenities to benefit the public; (d) increase and improve the affordable housing supply; and (e) assure quality design in the area's development. The Ponto Beachfront Village Vision Plan is consistent with the intent of the Redevelopment Plan and is the first step in achieving implementation of the Redevelopment Plan. The Redevelopment Plan defers to the General Plan, the Zoning Code and any other applicable City plans for allowable uses and development standards. Therefore, the requested actions (GPA and LCPA) are consistent with the Plan. The southern portion of the Ponto Beachfront Village Area is located in the Poinsettia Shores Master Plan and consists of three properties known as Planning Areas F, G and H of the Master Plan. The uses permitted by the Master Plan in these Planning Areas is consistent with the uses encouraged by the Ponto Beachfi-ont Vision Plan and the development standards do not conflict. Therefore, the requested actions are consistent with the Poinsettia Shores Master Plan. One lot consisting of 1.5 acres located at the northeasterly corner of the Ponto Beachfront Village Area is also located in the Poinsettia Properties Specific Plan. This Specific Plan primarily regulates development of the residential projects located north of the Vision Plan area. However, it includes this small parcel and designates it for visitor-serving commercial. This is consistent with the use for the lot encouraged by the Ponto Beachfront Village Vision Plan. V. ENVIRONMENTAL REVIEW The initial study (EM Part 11) prepared for these proposed actions indicated that fkture development in conformance with the Ponto Beachfront Village Vision Plan may have the potential to impact the environment unless mitigation measures are incorporated into the design of future development projects. Mitigation is needed in the areas of transportatiodtraffic, noise, biology, cultural resources and agriculture. A Mitigated Negative Declaration is proposed which includes a Mitigation and Monitoring Program which must be implemented through the design of future development projects. With the incorporation of the mitigation measures, it has been determined that the requested actions will not have a significant impact on the environment. GPA O5-04/LCPA 05-01DI 05-01 - PONTO BEACHFRONT VILLAGE VISION PLAN May 4,2005 -. A 30-day public notice for comments (March 18 through April 17) on the Initial Study and the proposed Mitigated Negative Declaration was mailed to all affected property owners and other interested persons or agencies requesting notice, was published in the newspaper and sent to the State Clearinghouse for required circulation. During the 30-day public comment period, two comment letters were received. The first is fi-om the North County Transit District and the second letter was fi-om the Native American Heritage Commission. In addition, at the request of the law firm of Worden Williams (letter attached as a part of Attachment l), representing residents of the Hanover Beach Colony located immediately north of the Ponto Beachfront Village Vision Plan area, the 30-day public comment period was extended by the City to April 22, 2005. During this extended public comment period, Worden Williams also submitted a comment letter. The letters and staff responses are included with the staff report as a part of Attachment 1. These comment letters raise concerns associated with future development in the Vision Plan area. The Vision Plan is intended to provide general guidance for future development in the area but it does not entitle any specific development proposals. The Mitigated Negative Declaration addressed all potential environmental impacts that are foreseeable at this time as a result of approval of the Vision Plan and the associated General Plan and Local Coastal Program Amendments. Mitigation measures to address the impacts that are foreseeable at the time of approval of the Vision Plan have been incorporated into the Negative Declaration and with the inclusion of those mitigation measures the proposed Vision Plan would not have potentially significant environmental impacts. Therefore, staff believes that the Mitigated Negative Declaration is appropriate and adequate for the actions presently under consideration. ATTACHMENTS: 1. 2. 3. 4. 5. Location Map 6. Planning Commission Resolution No. 5884 (Mitigated Negative Declaration) Planning Commission Resolution No. 5885 (GPA) Planning Commission Resolution No. 5886 (LCPA) Planning Commission Resolution No. 5887 (DI - Vision Plan) Ponto Beachfront Village Vision Plan - Previously distributed Planning Commission Minutes May 4,2005 DRAFT Page 4 EXHIBIT 6 3. GPA 05441LCPA 05-011DI 05-01 - PONTO BEACHFRONT VILLAGE VISION PLAN - Request for approval of a Mitigated Negative Declaration, General Plan Amendment, and Local Coastal Program Amendment for the Ponto Beachfront Village Vision Plan in order to approve the Vision Plan document and to reference it in the city’s General Plan and Local Coastal Program. Mr. Neu introduced agenda item 3 and stated Director of Housing and Redevelopment Debbie Fountain would make the staff presentation with the assistance of Principal Planner Gary Barberio. Ms. Fountain gave a detailed presentation and then asked Mr. Barberio to discuss the action items for the project plan. Mr. Barberio concluded the presentation and stated that he and Ms. Fountain would be available for any questions. Chairperson Segall asked how many votes were needed to approve a General Plan Amendment. Mr. Neu stated that four affirmative votes are required to recommend adoption to City Council. Chairperson Segall asked if other items in the project required the same number of votes or would it be less. Mr. Neu stated that the required four votes are for the General Plan Amendment. Chairperson Segall asked Ms. Fountain to review the current changes made to the draft plan. Ms. Fountain stated that three changes were made to the original document; 1) A property owner asked if they would be able to continue their project if it extended past the current character area into the live/work character area. A paragraph in Chapter 2, page 1, was added giving flexibility to approve a project if it extended from one character area into another; 2) In Chapter 4, page 2, a minor revision was made to a map reflecting the property on the most northern end near the Hanover Beach Colony residential area that has a T-R General Plan designation rather than a residential designation. She stated the T-R General Plan designation was required for the site when the Poinsettia Properties Specific Plan was approved through Coastal Commission review, making it a tourist oriented development site; 3) An amendment was made in Chapter 4, page 4, to eliminate a bullet point requiring changes to existing General Plan land uses for the entire vision. It was deleted when the decision was made not to create a specific Ponto General Plan designation for the entire area. Chairperson Segall asked if the City Council and Coastal Commission would hear the Vision Plan if the Planning Commission approved it this evening. Ms. Fountain stated that it would be heard by the City Council for final adoption and then by the Coastal Commission. Commissioner Whitton asked if it would be possible to take maximum advantage of the ocean view from a hotel restaurant. Ms. Fountain stated that one of the goals for the plan is to create as many ocean view opportunities as possible in the hotels and restaurants. She further stated that a resident/tourist survey had been completed showing one of the top priorities requested was creating restaurant opportunities with ocean views. Commissioner Whitton asked if there would be rooftop restaurants. Ms. Fountain stated that this is possible. Commissioner Whitton asked if there would be a gas station included in the area. Ms. Fountain stated it is not a current proposal in the plan area. Commissioner Cardosa asked if the plan could be changed after it is approved by City Council. Ms. Fountain stated the City Council could still make changes to the plan prior to approval. Commissioner Cardosa asked how much latitude there is to change the current concept once approved by City Council. Ms. Fountain stated the site plans are conceptual and not set and could be changed. However, the land uses are specific as to what is and what is not allowed on the General Plan and, therefore would stay consistent with the plan. Commissioner Cardosa asked for clarification of the statement regarding a project needing to expand outside the boundaries of their particular character area. He asked if there were monitoring factors in the plan that would designate a percentage or if it was on a judgment basis. Ms. Fountain stated there is not a specific percentage in the plan, but would be considered on a case-by-case basis for each project. Ms. Fountain further stated those types of projects would still be heard in public hearings at Planning Planning Commission Minutes May 4,2005 Page 5 Commission and City Council, allowing the opportunity to say what is not consistent with what the vision is for the area. Chairperson Segall asked if each of the planning areas would come back to the Planning Commission as a Site Development Pan, giving the Planning Commission and the public another opportunity to the see the exact proposals, to which Ms. Fountain stated yes. Chairperson Segall asked if the Coastal Commission would then hear the project after approval of a Site Development Plan by the City Council. Mr. Barberio stated it would be on a case-by-case basis and would be heard by the Coastal Commission if there were a need to change the General Plan or Zoning designation. Commissioner Cardosa asked if there was a method to encourage hotel and restaurant projects to take advantage of the ocean views. Ms. Fountain stated staff would be happy to incorporate any recommendation by the Planning Commission and add specific language into the Vision Plan. Commissioner Baker asked if the parking structure and Interpretive Center are projects the City is intending to build or how will it be accomplished. Ms. Fountain explained the parking structures would most likely be a partnership between the private developers and the City. She explained it has not been determined if the public facilities will be conditioned as a part of a project and further stated in the past some have been conditioned as requirements for a specific development. Ms. Fountain further stated some of the projects could be funded under redevelopment programs, which is something staff is considering. Commissioner Baker asked how long the General Plan Designation has been TraveVRecreation Commercial (T-R). She also asked if the properties have always been designated for development or expected to remain as open space. Mr. Barberio stated the most northern property designated T-R is part of the Poinsettia Properties Specific Plan and was adopted in the late 1990s. He stated the most southern area that is vacant is part of the Poinsettia Shores Master Plan, which allows for T-R development. Commissioner Baker clarified her question by referring to one of the letters in opposition in the presentation and preference of the public for open spaces to remain'undeveloped or become a park. Ms. Fountain stated the areas are part of the Poinsettia Shores Master Plan and developments were already anticipated and intended since approval of the Master Plan, such as the hotel. Ms. Fountain further stated that working from a vision standpoint, staff was including amenities and a layout that would be preferred for those developments. Commissioner Baker asked if all the character areas are privately owned or if any are publicly owned. Ms. Fountain stated the City has a few properties within the character areas located near the Interpretive Wetland vision area, some right-of-way areas that had been abandoned, as well as the State Campground area owned by the state. Commissioner Baker asked if there are guidelines to ensure the design standards are consistent throughout the area and if there is flexibility to require changes once approved, if it is not what was expected. Ms. Fountain stated the goal of the vision statement was to provide staff with tools and give direction when reviewing projects, such as pictures and visuals in the document showing what is considered higher quality architecture in developments. Commissioner Baker asked if staff would be very strict using the guidelines in the plan, to which Ms. Fountain stated yes. Commissioner Baker asked if staff had considered any traffic circles, which has been used in may cities as a gateway or entry into the area. Ms. Fountain stated there is an alternative in the plan for the Ponto Drive area, which has an alternative in the plan to possibly straighten the road to include a traffic circle near the new Beach Way Street; however, this would depend on the property ownership when developments are considered. Commissioner Baker asked if the Mitigated Negative Declaration were approved, would each project be required to complete further environmental documents. Mr. Barberio stated the Commission's action this evening would be a recommendation on the Mitigated Negative Declaration to the City Council. He further stated if the City Council adopted the Mitigated Negative Declaration, future development projects would go through CEQA review, and the need for additional environmental documentation would be determined at the time of a development application. Commissioner Baker asked the purpose of Mitigated Negative Declaration. Mr. Barberio stated the Mitigated Negative Declaration is the CEQA 97 Planning Commission Minutes May 4,2005 Page 6 document for the actions the City Council will take on this project. He further stated it is not a program Environmental Impact Report that would necessarily cover all subsequent development action. Chairperson Segall asked if this plan will displace people, and if so, how will this be handled depending on who has the right of imminent domain. Ms. Fountain gave a description, showing locations on a map, of small properties that are a majority of single owners, further stating it is located in the South Carlsbad Coastal Redevelopment project area. This means the Redevelopment Agency has authority of imminent domain, and the City could take the properties; however, one action the City Council took when adopting the Redevelopment Plan was a policy to work with the property owners and not take away their ownership, which is the reason this area is designated in the plan as a live/work area. This allows owners to stay if they chose to do so, but it may require cooperation with other owners in developing, or they could develop individually. The intent of the City is not to displace people, but there is a possibility the plan may cause businesses which lease their property to leave when a new owner who would like to develop something different and consistent with the plan. Chairperson Segall asked if certain establishments would be allowed to remain, as they currently exist, when there is not a general community consensus for redevelopment. Ms. Fountain stated this is possible when there are new developments in an area; however, staff would become involved and encourage owners to redevelop by providing incentives to be consistent with the pian. Chairperson Segall asked if new buyers in the area be held to new zoning and the Vision Plan. Ms. Fountain stated any owner in the area, whether existing or new, would be required to comply with the plan for any new development. Chairperson Segall asked if staff had contacted the Batiquitos Lagoon Foundation as a possible organization to be involved with the Interpretive Center. Ms. Fountain stated there had not been any direct conversation regarding their involvement, but mentioned knowledge of their interest in participating. Chairperson Segall asked about the realignment of Carlsbad Boulevard and if staff was asking for a recommendation from the Planning Commission of options were preferred. Ms. Fountain stated staff welcomed any recommendation offered by the Planning Commission and would forward the recommendation to the City Council. Chairperson Segall asked how compatible the townhouse community is in terms of living and lifestyle standard to the nearby hotel transient community. Ms. Fountain stated the goal was to create a village concept with a balance and mix of uses. She believes they are compatible and create synergy with each other as in the downtown Carlsbad Village area. Chairperson Segall asked for clarification on the plan description for the use of the mixed-use areas and if the ground level will be mainly retail or will it office spaces. Ms. Fountain stated the goal is for retail and restaurants, and if there is a need for offices, they will be located on the second or third level. Chairperson Segall asked if the intent is to have only tourist retail or will it include a combination for the benefit of residents. Ms. Fountain stated the vision is not intended to primarily serve visitors, but to provide an opportunity for residents to benefit as well. She further stated staff is hoping to coordinate with the State Campground area to provide services that will meet their needs as well. Chairperson Segall asked for speculation of when this will become a reality. Ms. Fountain stated there is strong interest from several developers in the area and the City could potentially see projects moving forward in the next several years. Commissioner Whitton asked if the parking garages in the live/work area would alleviate the traffic using the retail stores as well as parking for employees. Ms. Fountain responded parking garages are for employees, visitors to the businesses and possibly residents. Commissioner Whitton recommended Alternative Three for the realignment of Carlsbad Boulevard. Chairperson Segall asked if any individuals in the live/work area protesting. Ms. Fountain stated businesses that own their property have expressed concern, but no formal protests have been received. However, businesses that do not currently own property have stated opposition. Planning Commission Minutes May 4,2005 Page 7 Commissioner Cardosa asked for the number of owners versus non-owner occupants who have voiced their concerns. Ms. Fountain stated she did not have an exact number. Commissioner Cardosa asked what percentage of acreage are the small individual owners. Ms. Fountain stated it is approximately 12 acres. Mr. Barberio made a follow up to Commissioner Baker’s questions stating the Poinsettia Properties Specific Plan was adopted in November 1998, and covers the very northern parcel that is in the Garden Hotel character area. He further stated the Poinsettia Shores Master Plan was adopted in October 1993, and this covers the townhouse neighborhood, the southern half of the Mixed-Use Center and the Beachfront Resort character area. Mr. Barberio stated the other areas have General Plan And Zoning designations and are not part of a Master or Specific Plan. Chairperson Segall asked the name of the development next to the townhouse neighborhood and if the residents were notified at the time of purchase about the vision plan for the area. Ms. Fountain stated the development name is San Pacifico, which is part of the Poinsettia Shores Master Plan, and residents were notified. The Master Plan was made available and specific language was included in the disclosure statement regarding potential construction and development and no protection of views. Commissioner Baker asked if the plan is contingent upon an agreement with the State Parks. Ms. Fountain stated there is not a need for an agreement with the State Parks, but staff would like to partner with them to provide more openings in the State Campground for pedestrian access to the beach. Chairperson Segall asked what type of specialty grocery store is being considered. Ms. Fountain stated it would be a local market such as a Boney’s or Trader Joes and was not proposed as a large grocery chain like Ralphs or Vons. Chairperson Segall asked if there were other questions of staff. Seeing none, he asked if members of the audience wished to speak on the item and opened public testimony. The following members of the audience stated their concerns regarding loss of views and open space, building height, traffic and parking impacts, public safety, hotelhansient uses, noise and lighting impacts, environmental impacts and consideration of the resident community. Dale Ordas, 7325 Seafarer Place, Carlsbad Michael Burner, 701 7 Leeward Street, Carlsbad Paul Connolly, 7122 Leeward, Carlsbad Liam Ferguson, 7065 Leeward Street, Carlsbad Robert Rosenthal, 71 00 Whitewater Street, Carlsbad Rosalie Skaff, 527 Meridian Way, Carlsbad Mark O’Donnell, 701 4 Leeward Street, Carlsbad James Meador, 71 04 Whitewater Street Mark Kerwin, 7393 Portage Way, Carlsbad Tom Adams. 15501 Via de la Olas Pacific Palisades Bill Hoffman, 5900 Pasteur Court, Suite 150, Carlsbad, representing Wave Crest Resorts, stated his support for the plan and recommended dropping the requirement of landscape medians on Ponto Drive. He further stated he would like the plan to indicate that the 40 foot required setback from Carlsbad Boulevard should be measured from curb line rather than property line. Don Connor, 921 Begonia Court, Carlsbad, representing the Batiquitos Lagoon Foundation, stated his environmental concerns regarding sensitive areas in the Lagoon that may be affected by watershed and drainage issues. He stated the Foundation is interested in participating and coordinating with the City in the Interpretive Center Greg Thompsen, 71 55 Linden Terrace, Carlsbad, stated his concerns regarding the views, loss of open space, environmental impacts, and traffic flow. 99 Planning Commission Minutes May 4,2005 Page 8 Commissioner Baker asked the specific neighborhood where Linden Terrace is located. Mr. Thompsen stated it is located in Seacliff, east of the Interstate 5. Wayne Brechtel, 462 Stevens Avenue, Suite 103 Solana Beach, stated he is a Land Use Attorney and represents a Hanover Beach Colony resident. He stated his concerns regarding the permissive language in the plan and environmental impacts. John Humphrey, 7052 Whitewater Street, Carlsbad, stated his concerns regarding the hotel developmentltransient community, traffic impacts and impacts on residents. He further stated that when purchasing his home, he was told the future hotel, next to his development, would be a small boutique hotel. Commissioner Baker asked Mr. Humphrey who in his community stated the hotel would be a boutique type development. Mr. Humphrey explained it was the Sales Office. Chairperson Segall asked if there were any other members of the audience who wished to speak. Seeing none, he closed public testimony. Chairperson Segall stated there had been nine email comments in support of the project and 2 in opposition. Chairperson Segall asked for staff to respond to the public comments and concerns. Ms. Fountain stated the majority of the public comments tonight were project specific and may need to be addressed on the individual projects, and that this is a vision plan not specific project approvals. She further stated staff would enforce all the current development standards in the area. Mr. Barberio responded to the comment regarding building heights stating the Vision Plan does not recommend any changes in how the City will measure height. He stated it is consistent with City Ordinances and will be enforced in future developments. Commissioner Baker asked what would be the maximum height allowed. Mr. Barberio stated the overall height allowed would be 35 feet. Mr. Neu stated there is a provision in the height definition that allows the Planning Commission and City Council the ability to establish the new grade, as there is an averaging when raising some portions and lowering others. Mr. Neu stated it is controlled by road elevations and utilities in the property and the goal is to balance the grading. Mr. Neu further stated staff does not foresee that the future development of properties will be subject to the City Hillside Ordinance. Chairperson Segall asked what maximum variant would be allowed. Ms. Fountain responded to the comment regarding the traffic signal. She stated that a traffic analysis was part of the environmental review and a signal at that location was not identified as a mitigation need, but the City Council has the ability to approve installation of additional signal lights. Ms. Fountain responded to the comment regarding traffic stating it is addressed in the environmental review and consistent with staff anticipation for future development potential and traffic projections. Ms. Fountain responded to the comments regarding public safety and narrowness of the streets stating staff has worked closely with the City’s Fire Chief and Public Works Director on the design, the minimum road size and acceptable landscaping, further stating fire safety and access is reflected in the plan. Ms. Fountain responded to the comment regarding the widening of Ponto Drive stating staff would be happy to look at this request on a project specific basis. Ms. Fountain responded to the comment regarding the pedestrian underpass stating it is something that will need to be considered from a public safety standpoint. We will need to develop the project in a manner to prevent it from becoming a nuisance. She further stated staff works closely with the Police Department when designing projects of this nature, as well as parking structures. Ms. Fountain responded to Mr. Hoffman’s recommendations stating the comments are project specific and staff would not propose the vision document be changed. She stated there is discussion in the Planning Commission Minutes May 4,2005 Page 9 document regarding the setbacks and the possible vacation of right-of-way, and feels the document already addresses the recommendations. Mr. Fountain responded to Mr. Connor’s comments stating staff is interested in partnering with the Batiquitos Lagoon Foundation during development of projects which impact the lagoons. Ms. Fountain responded to the comments regarding loss of open space stating this is always a conflict; however, it is important to recognize the areas are privately owned and the owners feel they have a right to develop and not leave it as open space. She stated staff tried to insert into the vision statement what was felt was most appropriate for those areas and limits the developers. However, at this time, it is not felt this can be designated as an open space or park, but if the owner decided to turn over or the property or sell the property to the City, it is something that could be considered. Ms. Fountain responded to the comment regarding limiting the building height to one or two stories stating she feels that is appropriate if planning single family homes, but the vision plan for the area calls for a mix of uses and to be successful and viable, two and/or three story buildings is necessary in most cases. Ms. Fountain responded to the comment regarding the number of hotel developments stating staff spent a lot of time debating what was the appropriate number. Staff finally decided on three. But if there is not enough development opportunity, one of the hotels has an alternative to build a residential community on the site. Ms. Fountain stated the garden hotel site is specifically designated to a commercial serving use that was a directive of the Coastal Commission and if it is not a hotel, it must be another touristkommercial serving use. In regards to the other comment regarding one of the hotels being too large with 200 rooms, Ms. Fountain stated it is important to remember the developer has not submitted a formal application for that project. She stated it was unfortunate the developer of the homes near the area led buyers to believe it would something other than a larger hotel. Ms. Fountain stated staff has always used the number of 150 rooms when speaking about the project, and it has been only recently that the developer has indicated the addition of 50 rooms. Once a formal application is submitted, staff will look at the concerns on a project basis to determine if it is consistent with the Vision Plan. Ms. Fountain responded that the comment in regards to the area being used as an elementary school, it is not one of the plans in the vision. It is not something that was considered as appropriate for the area. Ms. Fountain responded to the comment regarding the speaker not being in agreement with the positions staff took in planning. Staff believes they have laid out the uses in the appropriate manner to create the balance in the plan and provide the amenities that are most appropriate to those uses. Ms. Fountain responded to the comment regarding the parking structure on Avenida Encinas and is proposed it will be one story below ground and three stories above. Staff is trying to encourage the consolidation of parking and reduce the amount of surface parking to create more people places. Ms. Fountain responded to the comment regarding more open space and it is something that staff will need to address when looking at specific projects such as the garden hotel. She stated staff is trying to create a livable streets concepts and using landscaping medians and pop outs to slow down traffic for the residents in the area. Ms. Fountain responded to the noise concerns related to entertainment at restaurants stating it is something the City is looking at with a potential entertainment ordinance that would address this. She stated it is too specific to include in the vision plan. Ms. Fountain stated staff would speak with the developers of hotel developments and address some of the concerns the property owners may have. She then asked Alex Jewell from RBF Consulting to address the environmental issues. Alex Jewell, RBF Consulting, stated when completing the environmental document for the project they focused on the fact that it is a vision plan. They looked at the specific project, but realized there would be future developments and not knowing what they will be have required additional specific studies to be performed when the developments are proposed. In regards to some issues regarding environmental impacts the City has specific standards that must be met for a project to be consistent. Planning Commission Minutes May 4,2005 Page 10 Commissioner Baker asked what is expected when a project such as the garden hotel development moves forward, and if it will prompt an Environmental Impact Report (EIR) or another Mitigated Negative Declaration. Mr. Jewell stated the proposed project will be compared with the Vision Plan and determine whether the potential impacts are covered or whether additional studies need to be performed. He further stated it is difficult to predict what future environmental review will be required until the intensity of the project is seen and what is proposed. Commissioner Baker asked Mr. Jewell if he had any answers to the audience who felt there was a need for an EIR and that the language was not strict enough in the Mitigated Negative Declaration (MND). Mr. Jewell stated the future environmental studies will be specific to future development proposed. It is difficult to determine what environmental document will be required at this time. Chairperson Segall asked for clarification as to if the hotel is 150 rooms versus 200 rooms, will it require different environmental documents. Mr. Jewell stated this is correct, as traffic would be lessened, may have more open area or a better way to mitigate biological impacts. Commissioner Baker asked if the vision document sets a standard to determine when a project is proposed if they are above or below the standard and prompt other environmental reports. Mr. Jewell stated, yes, that at a minimum the development would need to provide the reports identified in the vision plan MND document. He stated if at that time additional impacts are determined then an EIR may be required. Commissioner Baker asked for clarification as to if this document would take care of the environmental reports required if there were no additional concerns or would the developer need to present a Mitigated Negative Declaration. Mr. Jewell stated the City would need to make certain findings that the Vision Plan adequately covers the project and the project is not resulting in any new or significant impacts. Commissioner Baker asked if there would be more studies or additional analysis to alleviate some audience concerns. Mr. Barberio stated, yes, and staff believes the Mitigated Negative Declaration addresses all foreseeable impacts at this time and has a list of mitigation measures that serve as a tool for future reviewing projects. Mr. Barberio responded to the concern regarding the permissive language in the vision plan document stating staff believes the language is there and will provide a guidance tool as to what the City would like to be see in terms of future development in the area. Commissioner Baker stated she understands the need to be flexible but feels some of the public would prefer seeing words like “shall include” and “will include” instead of “like to see.” Chairperson Segall stated the architectural guidelines are not included in the vision plan, but asked if a step would take place where architectural and other principles to be incorporated once the vision plan is approved or once approved would it go right to a site development plan. Ms. Fountain stated the document has design guidelines leaving flexibility for staff to ensure the area is developed in consistency with the planned vision instead of having piece meal development that may preclude something else in the area and that this is the reason it includes language such as “may.” Ms. Fountain stated she would be happy to change the language concerning the trails as this is something staff would like to see happen. Mr. Barberio stated the City has Architectural Guidelines that include additional language for design guidelines that will be used for developments in the Vision Plan area as well as citywide. Chairperson Segall asked if after approval of the Vision Plan, would the Planning Commission and City Council hear future projects. Mr. Barberio stated it would be heard by the Planning Commission and possibly City Council, depending on the size of the project, would be a publicly noticed hearing. Commissioner Baker asked why the beach was closed at Ponto related to water quality. Mr. Barberio stated it was a sewer line break that temporarily closed the beach and it is not related to the project, but agreed water quality is a concern. He stated provisions exist for any development to address cleanliness and quantity of water run off. Commissioner Baker asked if the storm water prevention plan could potentially become better in the future than present. Mr. Barberio stated that the City requires water to be treated on site before it leaves the site and any future developments will need to meet the existing standards and yes it could improve the water quality in the future. Commissioner Baker asked about the views and ocean breezes. Mr. Barberio stated the City does not have view ordinances to protect private views. He stated the Local Coastal Program does address public Planning Commission Minutes May 4,2005 Page 11 views and future development would need to comply with the Local Coastal Program, further stating view preservation is from a public view standpoint such as road corridors or public space in the area. Ms. Fountain responded to the comment regarding the Coastal Commission and their involvement stating staff has spoken to them, but they have not approved anything yet. She stated a formal decision would not be made until a formal application is submitted, and the Vision Plan would need to be submitted to the City Council before the Coastal Commission. Ms. Fountain stated the Coastal Commission does have their areas of concern and are interested in access to the ocean and beach area visitor servingkommercial uses, and run off, further stating there are no guarantees the Costal Commission will approve the plan. Chairperson Segall asked for clarification of staff having spoken to the Coastal Commission and if it really meant they had spoken with the staff of the Coastal Commission and not the decision making body. Ms. Fountain stated, yes, they have spoken to the staff and the decision makers have not made a decision. Chairperson Segall asked what the vision is in terms of access to the garden hotel from a visitor perspective and a service standpoint. Ms. Fountain stated staff is looking at the issue with delivery trucks and this is project specific, but it is true that the proposed access to the hotel will come in at Ponto Drive from Carlsbad Boulevard. She also showed on a site map where there is a potential area for delivery trucks and the developer is aware it is a concern for the neighborhood. Commissioner Whitton stated his concerns regarding the proximity of the garden hotel and Hanover Beach Colony where medians might create a safety problem by masking vision when considering the residents and children in the area. He suggested removing the medians and leaving the area open and creating a wider road. Chairperson Segall asked if there were any other questions of staff. Seeing none, he closed the public hearing. Commissioner Whitton stated his concerns about the flexibility of the language in the plan and asked staff to consider amending the text to include specific language regarding public trails to ensure they are required in the plan. He also gave a recommendation of Alternative Three for Carlsbad Boulevard in the plan. Commissioner Cardosa concurred with Commissioner Whitton regarding specific language on public trails and Alternative Three for Carlsbad Boulevard. He also recommended specific language for Engineering to follow up on a project-by-project basis in regards to traffic and street widths and inclusion of reevaluation and specific language that will protect the privacy of individuals in the area regarding sound and light. Commissioner Baker concurred with fellow Commissioners Whitton and Cardosa regarding specific language for public trails, but would like to leave some specifics flexible to review developments on a project-by-project basis. She stated she is not in favor of widening the street on Ponto Drive as it would create higher traffic speed and safety problems. She stated that if the Fire Department has agreed they are able to get their equipment in the area, she would like to see that the median and trees are included. She would like to see traffic circles included on Carlsbad Boulevard or within the project, as there are opportunities for slowing traffic but keeping it moving. She also recommended Alternative 2 for Carlsbad Boulevard. She also thanked staff and the City for their initiative to envision what this area will look like in the future and it will be a benefit to the residents and others in the City. Chairperson Segall asked staff which realignment Alternative calls for removal of trees on Carlsbad Boulevard. Ms. Fountains showed the plans that removed the trees and ones that save the Cypress trees. Chairperson Segall asked if the Cypress trees would be healthy enough to be moved and transplanted or would it destroy them. She explained staff is not sure the trees are healthy enough to replant. However, she stated an Arborist has looked at the trees and felt they are healthy enough and should remain. She also stated this does not mean they cannot be removed. Commissioner Whitton asked for clarification if Alternative 3 took away from the beach area. Ms. Fountain stated, no, it does not take the beach area. Commissioner Whitton asked about the intersection at Avenida Encinas and if it was a standard intersection allowing movement completely across and not la 3 Planning Commission Minutes May 4,2005 Page 12 requiring stopping in the middle. Ms. Fountain stated, yes, it is a standard intersection. Commissioner Whitton stated he still recommends Alternative 3 for Carlsbad Boulevard. Chairperson Segall stated his concerns for Alternative 1 and it creates a human safety situation as it exists, and recommended Alternative 2. He stated he would like to see the use of views for restaurants so the public is able to enjoy them versus private benefit to hotel guests, and would like to see more restaurants with those views. He also would like to see a variety of useable retail, not just tourist shops, but also a destination for residents such as bookshops or ice cream shops. He recommended more open space or passive parks in the public area allowing people to sit, eat or play with their children. He would like to see parking structures that appear as part of the architecture that would mask the view of vehicles. He also stated his concerns regarding the garden hotel and proximity to the residential community and would like to see mitigation of noise to protect the integrity of the community. Ms. Fountain stated staff will take the recommendations of the Planning Commission and share them with the City Council. Chairperson Segall asked if the Planning Commission would like to see anything added to the plan or would they like to see this as only recommendations. Mr. Barberio stated if the Planning Commission would like to make a motion to incorporate amendments to the plan, staff would be happy to make the changes. Commissioner Whitton stated he feels the Commission concurred regarding specific language relative to public trails. Fellow Commissioners Cardosa and Baker concurred. Chairperson Segall asked for the wording. Commissioner Baker recommended the language be amended to the Vision Plan stating that the southern most property will have a trail on its perimeter as appropriate with existing environmental constraints. Commissioner Whitton asked if the Planning Commission would like to also include language for the entrance from the beachfront resort to Batiquitos Lagoon area. Mr. Barberio stated there is an option of referencing Figure 2.1 1, Pedestrian and Bicycle Circulation, and recommend “shall” language, as the figure includes the trail around the beachfront resort and connection across the railroad towards the east. Commissioners Whitton, Cardosa and Baker concurred. Mr. Barberio asked if the Planning Commission would like to add specific language regarding the hotel restaurant views. Commissioner Whitton stated it may not be possible to put in specific text at this time and it needs to be considered on a project-by-project basis, but has been made known that the Planning Commission would like to make maximum use of the views from restaurants. Commissioner Cardosa recommended an opportunity to align the road for the best use and availability of additional open space. He recommended that Alternative 3, if appropriate, the additional space should be for the public and not to extend the development area. Commissioner Whitton stated he would like to see the road moved to the west, closer to the coast leaving as much open space as possible on the east side. Chairperson Segall asked who would put this in the Vision Plan stating the Planning Commission’s desire desire to use this additional space as open space or as a passive park. Ms. Fountain stated it would be a joint effort between the City and developer and suggested leaving some flexibility to ensure visibility and the public is aware the area is there for their use. Chairperson Segall stated he supports either Alternative 2 or 3 as long as the open space is for public use in a passive park setting. He also concurred with Commissioner Cardosa in regards to the Engineering traffic study and lighting. MOTION ACT1 ON : Motion by Commissioner Baker, and duly seconded, that the Planning Commission approve Planning Commission Resolutions No. 5884, 5885, 5886, Planning Commission Minutes May 4,2005 Page 13 5887, General Plan Amendment 05-04, Local Coastal Program Amendment 05- 01, and Discussion Item 05-01, including amending the language concerning pedestrian trails to be changed to “shall be included in the southern most character area,” based on the conditions and findings contained therein. DISCUSSION Commissioner Baker made a statement to the residents of the Hanover Beach Colony and surrounding neighborhoods that the Planning Commission understands it is difficult when vacant land is developed, but property rights are recognized and as long as the developers follows the rules development may occur. She further stated the document gives vision and restrictions that allows development to occur and be an asset to the community. She also commended the City for their initiative in thinking ahead to make this a good vision. Commissioner Whitton stated he feels this is a good project created in a cohesive manner with nice conceptual ideas for the area. He further stated for the residents that when looking at projects and specific planning there are controls to ensure what happens in the area is consistent with the vision document and protects their concerns. Commissioner Cardosa concurred with fellow Commissioners Baker and Whitton. He commended the City and staff for their diligent effort and fine presentation and content on a beautiful project. Chairperson Segall concurred with fellow Commissioners. He thanked the public for their attendance and comments. He also thanked the staff for their presentation. VOTE: 4-0 AYES: NOES: None ABSENT: Chairperson Segall, Commissioners Baker, Cardosa, and Whitton Commissioners Dominguez, Heineman and Montgomery Chairperson Segall closed the public hearing on Item 3 and asked for a motion to extend the meeting past 1O:OO p.m. to hear agenda Items 4 and 5. MOTION ACT1 0 N : Motion by Commissioner Baker, and duly seconded, that the Planning Commission continue Planning Commissioner meeting May 4, 2005 to address agenda Items 4 and 5. Chairperson Segall, Commissioners Baker, Cardosa, and Whitton Commissioners Dominguez, Heineman and Montgomery VOTE: 4-0 AYES: NOES: None ABS E NT: 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 Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: June 17fh, 2005 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 17'h Day of June, 2005 Signature This space is for the County Clerk's Filing Stamp Proof of Publication of CASE FILE GPA 05-04/LCPA 05-01/DI 05-01 ZASE NAME. PONTO BEACH- FRONT VILLAGE VISION PLAN CITY OF CARLSBAD CITY COUNCIL NCT 1803585 June 17,2005 Jane Olson NORTH COUNTY TIMES Legal Advertising U NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, June 28, 2005, to consider a request for approval of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, General Plan Amendment, and Local Coastal Program Amendment for the Ponto Beachfront Village Vision Plan in order to approve the Vision Plan document and to reference it in the city’s General Plan and Local Coastal Program for property described as: The areas known as the Ponto Beachfront Village Area generally located between Carlsbad Boulevard and the San Diego Northern Railroad, north of Batiquitos Lagoon and south of Ponto Road within the Mello II and the West Batiquitos Lagoon/Sammis Properties segments of the City’s Local Coastal Program. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after June 24, 2005. If you have any questions, please call Debbie Fountain in the Housing and Redevelopment Department at (760) 434-2935 or Gary T. Barberio in the Planning Department at (760) 602-4606. If you challenge the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, General Plan Amendment, and/or Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad CA 92008, at or prior to the public hearing. CASE FILE: GPA 05-04/LCPA 05-01/DI 05-01 CASE NAME: PONTO BEACHFRONT VILLAGE VISION PLAN PUBLISH: June 17,2005 CITY OF CARLSBAD CITY COUNCIL SITE PONTO BEACHFRONT VILLAGE VISION PLAN GPA 05-04/LCPA 05-01/DI 05-01 DOLORES WELTY 2076 SHERIDAN ROAD ENCINITAS CA 92024 Jam Free Printing UseAvety@ TEMPLATE 5160@ www.avery.com 1-800-GO-AVERY 'CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92009 SAN MARCOS CA 92069 ENClNlTAS CA 92024 SAN MARCOS SCHOOL DlST 1 CIVIC CENTER DR ENClNlTAS SCHOOL DlST 101 RANCHO SANTA FE RD SAN DlEGUlTO SCHOOL DlST 701 ENClNlTAS BLVD TIM JOCHEN 1966 OLIVENHAIN RD ENClNlTAS CA 92024 1960 LA COSTA AVE ENClNlTAS CA 92024 CARLSBAD CA 92009 LEUCADIA WASTE WATER DlST OLIVENHAIN WATER DlST CITY OF ENClNlTAS 505 S VULCAN AVE ENClNlTAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 OCEANSIDE CA 92054 CITY OF OCEANSIDE 300 NORTH COAST HWY I. P. U.A. 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Averym TEMPLATE 5160@ BOB PERKINS C/O LURAD INC. 146 GAMBEI LN SEDONA AZ 86336-71 19 PAUL W. & LINDA J. ADDISON I1 75 SOLANA DR DELMAR CA 92014 KENNETH F & KATHRYN A KOCH 1314 CHUPAROSA WAY CARLSBAD CA 92008 * ESS REALTY LTD PARTNERSHIP 1050 WEST gTH AVE ESCONDIDO CA 92025 JOANNE WILLIAMS PET GROOMING 7250 PONTO DR CARLSBAD CA 92009 - www.avery.com 1 -800-GO-AVERY - BILL HOFMAN HOFMAN PLANNING ASSOC STE 150 5900 PASTEUR CT CARLSBAD CA 29008 GREGORIO G. & LUZ M.G. ALCARAZ 7244 PONTO DR CARLSBAD CA 92009 CARLSBAD CA 92009 GRABEN 6719 CAMINO DEL PRADO NANCI C.S. DETTMER 7258 PONTO DR CARLSBAD CA 92009 JAMES SHERLOCK STILLMAN HEATING & AIR COND. 7200 PONTO DR CARLSBAD CA 92009 CANNON ROAD LLC 1745 ROCKY RD FULLERTON CA 92831 MARK LEIDER 461 MAWMAN AVE LAKEBLUFF IL 60044 WAVE CREST MR. 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ATTN: MS. RONILEE CLARK PO BOX 942896 SACRAMENTO CA 94296 MORRIS YANEZ PO BOX 2321 15 ENClNlTAS CA 92023 MIKE HOWES HOWES, WEILER & ASSOC STE 250 OFFICE #22 2382 FARADAY AVE CARLSBAD CA 92008 DAN DENNIS 7250 PONTO DR CARLSBAD CA 92009 ' DIANA STANFILL 457 NAIAD STREET ENClNlTAS CA 92024 ROB WAGNER 925 ROSEMARY AVE CARLSBAD CA 92009 LANCE SHULTE 7386 ESCALLONIA COURT CARLSBAD CA 92009 - www.avery.com 1 -800-GO-AVERY - KENNETH & SOPHIE WANG 4433 CONVOY ST, STE. H SAN DIEGO CA 92111 TIMOTHY STRIPE GRAND PACIFIC RESORTS STE 200 5900 PASTEUR CT CARLSBAD CA 92008 KENNETH & SOPHIE WANG 6188 CARDENO DR LAJOLLA CA 92037 ELEANOR DIXON #127 701 KETTNER BLVD SANDIEGO CA 92101 STEVEHARVEY LOT MANAGEMENT STE B 7200 PONTO DR CARLSBAD CA 92009 LOUS TASCHNER ATTORNEY AT LAW #B 322 N NEVADA ST OCEANSIDE CA 92054-2812 ILDA SHIBE 77 THICKET IRVINE CA 92614 WEST DEVELOPMENT INC. PO BOX 8617 RANCHO SANTA FE CA 92067 PRESIDENT, TERRAMAR ASSOC. PO BOX 860 CARLSBAD CA 9201 8-0860 JIM WAGGAMAN 7204 PONTO DR CARLSBAD CA 92009 DR. TOM KELLER 6929 CATAMARAN DR. CARLSBAD CA 92009 STEVE APPLE 635 S. HIGHWAY 101 SOLANABEACH CA 92075 DALE ORDAS 108A 300 CARLSBAD VILLAGE DR CARLSBAD CA 92008 DENNIS CUNNINGHAM CUN N IN G HAM CONSULT IN G PO BOX 130552 CARLSBAD, CA 92013-0552 DON CONNORS BATlQUlTOS LAGOON FOUND. 921 BEGONIA CT CARLSBAD CA 92009-4807 Jam Free Printing Use Avery* TEMPLATE 5160* www.avery.com 1-800-GO-AVERY GRACE RICHARD T STOFF JEFF L & CAROLYN S HINESLEY CHARLES D & UNIT 5 STE 104 BARBARA J RE 640 W SOLANA CIR 7040 AVENIDA ENCINAS 5103 DELANY CT SOLANABEACH CA 92075 CARLSBAD CA 92009 CARLSBAD CA 92008 CROWLEY PEGGY PO BOX 9640 PO BOX 20125 7061 WHEATLEY ST RANCHO SANTA FE CA 92067 SEDONA AZ 86341 SAN DIEGO CA 92111 FREl LARRY F & SHERMANE S NGUYEN NGOC L MACLEAN NANCY B 27086 TUBE ROSE ST MURRIETA CA 92562 MALANGONE GARY & REENA PO BOX 936 RIDGEFIELD CT 06877-8936 848 NO RAINBOW BLVD TRAVIS PATTI SANDSURF PMB 621 LAS VEGAS NV 891 07-1 103 DWAYNE BRECHTEL TORRES DAVID P REVOCABLE AVDEEF ROBERT A & SHAFER- WORDEN WILLIAMS APC LIVING AVDEEF M STE 102 6776 LONICERA ST 1 1040 S 3RD ST 462 STEVENS AVE CARLSBAD CA 92009 JACKSONVILLE OR 97530-9338 SOLANABEACH CA 92075 Ponto Beachfront Village Vision PlanPonto Beachfront Village Vision PlanSan Pacifico COA ConcernsSan Pacifico COA Concerns••San Pacifico COA San Pacifico COA 454 single family homes 454 single family homes overlooking Ponto Area overlooking Ponto Area & the Ocean& the Ocean••Ocean views & breeze Ocean views & breeze will be blockedwill be blocked••Traffic Volume will be Traffic Volume will be substantially increased substantially increased making traffic signal at making traffic signal at Avenida Encinas and Avenida Encinas and Portage Way/Marlin Portage Way/Marlin Lane essential Lane essential Traffic Signal Avenida Encinas & Traffic Signal Avenida Encinas & Portage Way/Marlin LanePortage Way/Marlin Lane••••Project will cause substantial increase to existing traffic loadProject will cause substantial increase to existing traffic loadon on Avenida EncinasAvenida Encinas••Traffic Signal feasibility study ordered by City Council Traffic Signal feasibility study ordered by City Council 7/20/04 did not consider increased traffic load from Ponto 7/20/04 did not consider increased traffic load from Ponto Beachfront Village Vision Plan Beachfront Village Vision Plan Vision Plan Traffic ForecastVision Plan Traffic Forecast Preservation of Environmental QualityPreservation of Environmental Quality••Building heights should Building heights should be limited to preserve be limited to preserve the oceanthe ocean--viewview••Building heights should Building heights should be measured from be measured from current grade levelcurrent grade level••Parking structures Parking structures should be undergroundshould be underground••Power/Communications Power/Communications lines put undergroundlines put underground••Space between buildings Space between buildings to allow breeze through to allow breeze through