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HomeMy WebLinkAbout2016-08-17; Planning Commission; Resolution 71871 2 3 4 5 6 7 8 9 PLANNING COMMISSION RESOLUTION NO. 7187 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF THE ADDENDUM TO ENVIRONMENTAL IMPACT REPORT 98-08 FOR AN AMENDMENT TO THE CARLSBAD OAKS NORTH SPECIFIC PLAN (SP 211(A)) TO REMOVE A REQUIREMENT FOR LOT 1 OR 2 OF THE CARLSBAD OAKS NORTH BUSINESS PARK SPECIFIC PLAN TO BE DEVELOPED WITH COMMERCIAL SUPPORT USES ON PROPERTY GENERALLY LOCATED AT THE SOUTHWEST AND NORTHWEST CORNERS OF FARADAY AVENUE AND EL FUERTE STREET WITHIN THE CARLSBAD OAKS NORTH BUSINESS PARK IN LOCAL FACILITIES MANAGEMENT ZONE 16. CASE NAME: CARLSBAD OAKS NORTH SPECIFIC PLAN AMENDMENT FOR LOTS 1 & 2 CASE NO.: EIR 98-08(A) 10 WHEREAS, Ladwig Design Group, LLC, "Developer," has filed a verified application with 11 the City of Carlsbad regarding property owned by Techbuilt Construction Corp. and Carlsbad Oaks North 12 Ventures, LP, "Owner," described as 13 Lots 1 & 2 of Carlsbad Tract No. 97-13-1, Carlsbad Oaks North Phase 1, in the City of Carlsbad, County of San Diego, State of California, 14 according to map thereof No. 14926, filed in the office of the County Recorder of San Diego County, December 15, 2004 15 16 ("the Property"); and 17 WHEREAS, on October 8, 2002, the City Council of the City of Carlsbad certified 18 Environmental Impact Report (EIR) 98-08, adopted the Candidate Findings of Fact, Statement of 19 Overriding Considerations, and the Mitigation Monitoring and Reporting Program for the Carlsbad Oaks 20 North Specific Plan that allows for industrial development of lots within the Carlsbad Oaks North 21 Business Park except either Lot 1 or Lot 2 was required to be developed with commercial support uses 22 per EIR 98-08 mitigation measure AQ-3; and 23 WHEREAS, after 2002 commercial support uses were developed in close proximity to 24 the Carlsbad Oaks North Business Park and the property owners of Lots 1 and 2 have requested to be 25 relieved of the requirement to develop one of the lots for commercial support uses ("Project"); and 26 WHEREAS, in compliance with the California Environmental Quality Act ("CEQA"), an 27 Addendum to EIR 98-08 -EIR 98-08(A} ("Addendum"), attached as Exhibit "X" dated May 2016, was 28 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 prepared to determine if the preparation of a subsequent or supplemental EIR was required for the Carlsbad Oaks North Specific Plan Amendment Project; and WHEREAS, the Planning Commission did on August 17, 2016, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, the Addendum was presented to the Planning Commission and the Planning Commission reviewed and considered the information contained in EIR 98-08 and the Addendum prior to approving the Project; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the Addendum, analyzing the information submitted by City staff, and considering any written and oral comments received, the Planning Commission considered all factors relating to the Addendum. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS APPROVAL of the Addendum to EIR 98-08, based on the following findings that are supported by substantial evidence in the Record: Findings: 1. 2. 3. The Planning Commission of the City of Carlsbad does hereby find that the Addendum has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the Environmental Review Procedures of the City of Carlsbad. The Planning Commission of the City of Carlsbad has reviewed, analyzed, and considered the Addendum with EIR 98-08 prior to RECOMMENDING APPROVAL of the Project, and it reflects the independent judgment of the City of Carlsbad Planning Commission. The Planning Commission of the City of Carlsbad does hereby find that adopting an Addendum to EIR 98-08 is appropriate and in conformance with CEQA in this case because no changes or additions to EIR 98-08 are necessary, and none of the conditions described in Section 15162 of the CEQA Guidelines calling for preparation of a subsequent EIR have occurred, in that: a. There are no significant new environmental effects and no substantial increase in the severity of a previously identified significant effect. The analysis and mitigation contained in EIR 98-08 remain adequate to address all potential impacts of the Carlsbad Oaks North Specific Plan. Mitigation measure AQ-3, which was the origin of the requirement for either PC RESO NO. 7187 -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 4. Lot 1 or Lot 2 to be developed with commercial support uses in proximity to the Carlsbad Oaks North Business Park and surrounding industrial uses, has been fulfilled by the development of commercial support uses on an alternate property in proximity to the Carlsbad Oaks North Business Park and surrounding industrial uses. No modifications are proposed, and the proposed project does not amplify any other potential impacts and does not present new impacts not already considered or addressed as necessary by existing mitigation measures. b. There has been no substantial change with respect to the circumstances under which the Project is being undertaken which would require major revisions to EIR 98-08. c. There is no new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time EIR 98-08 was certified. d. The Project will not have any significant effects not discussed in EIR 98-08. e. There are no new or additional mitigation measures that need to be added and there are no mitigation measures previously found not to be feasible that are now found to be feasible that would substantially reduce one or more significant effects of the Project. The Addendum is incorporated by reference herein, and the findings and substantial evidence presented in the Addendum are adopted as findings to these proceedings. PC RESO NO. 7187 -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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on August 17, 2016, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Anderson, Commissioners Black, L'Heureux, Montgomery, Segall and Siekmann Commissioner Goyarts ~~r~&wW VELYN ANDERSON, Chairperson CARLSBAD PLANNING COMMISSION ATIEST: DON NEU City Planner PC RESO NO. 7187 -4- Exhibit X ("cicyof Carlsbad CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) ADDENDUM TO FINAL ENVIRONMENTAL IMPACT REPORT (EIR 98-08) CARLSBAD OAKS NORTH BUSINESS PARK SPECIFIC PLAN CITY OF CARLSBAD, CALIFORNIA FOR SP 211(B)-CARLSBAD OAKS NORTH LOTS 1 & 2 State Clearinghouse No. 2000051057 EIR 98-08 Certified October 8J 2002 Prepared by: City of Carlsbad Community & Economic Development Department Planning Division · 1635 Faraday Avenue Carlsbad, CA 92008 Contact: Teri Delcamp, Senior Planner 760-602-4611 teri.delcamp@carlsbadca.gov May2016 1.0 INT-RODUCTION Project Name: CARLSBAD OAKS NORTH LOTS 1 & 2 Project No: SP 211(B) The Carlsbad Oaks North Business Park Specific Plan (CONSP) contains a requirement that either Lot 1 or Lot 2 of the CONSP area be developed with commercial support uses to serve the CONSP industrial business park. The Final Environmental Impact Report (EIR 98-08, SCH #2000051057) certified with approval of the CONSP also contained mitigation measures reiterating this requirement. The approval of an industrial building entitlement on one of the lots would allow automatically reserve the other lot for commercial support uses. The current project, SP 211(B), proposes to amend the CONSP to remove the requirement for the development of commercial support uses on either Lot 1 or Lot 2. The purpose of this Addendum is to provide clarification and explanation supported by substantial evidence as to why this proposed change will not result in any new impacts or any increase in the severity of impacts addressed in EIR 98-08. 2.0 CEQA REQUIREMENTS California Code of Regulation Title 14 (hereinafter "California Environmental Quality Act (CEQA) Guidelines") Sections 15162-15164 include provisions for a lead agency to carry out a project when new information comes to light or changes have occurred after the project EIR was certified. Section 15162 of the CEQA Guidelines states that no subsequent EIR would be necessary for a project with a previously certified EIR unless: 1) substantial changes have occurred to the project or to existing conditions that create new significant environmental effects or substantially increase the severity of previously identified environmental effects; or 2) new, substantially important information that was not, or could not have been, known at the time the original EIR was certified shows that the project may create new or more severe effects or that different alternatives or mitigation measures could reduce significant effects but the applicant declines to accept them. Section 15164 of the CEQA Guidelines indicates that an Addendum to a previously certified EIR may be prepared for a project if some changes or additions to the EIR are necessary, but none of the conditions in Section 15162 exist that would require a subsequent EIR. Section 15164 goes on to state that when an Addendum is prepared, the administrative record must include a brief explanation about why the lead agency decided not to prepare a subsequent EIR based on Section 15162. The following section details the basis for the city's decision not to prepare a subsequent EIR for SP 211(B). 3.0 PROJECT LOCATION AND REGIONAL SETTING The CONSP area is located on 414 acres north of Palomar Airport Road and 11/4 mile east of El Camino Real. Immediately north of the CONSP area is the Dawson-Los Monos Reserve open space. The Specific Plan area is abutted to the west by vacant land owned by the County of San Diego and to the east by the City of Vista. The Carlsbad Oaks East area of the Carlsbad Airport Business Center Specific Plan abuts the property to the south. After the adoption of the CONSP, all of the anticipated road connections were constructed as assumed in the CONSP for build-out. These include the extension of Faraday Avenue to connect between El Camino Real and Melrose Drive; El Fuerte Street to connect from Palomar Airport Road to Faraday Avenue; and Melrose Drive to extend south and connect to Palomar Airport Road. A vicinity map and the Specific Plan land use plan are provided in Figures 1 and 2. May 2016 -1-CEQA Addendum, EIR 98-08 PACIFIC OCEAN May 2016 Project Name: CARLSBAD OAKS NORTH LOTS 1 & 2 Project No: SP 211(8) Site Cl1Y OF VISTA CI1Y OF ENCINITAS NOSCO!e Figure 1, Vicinity Map -2-CEQA Addendum, EIR 98-08 Open Space LOIS Pknned Industrial lots ALday Use l<m [see page II 21 Trcil h ~hi 01 •.va, Sewer Eosement• (wllh ~eslrkn rro.l ontv h lol I I) ~ Eoling Aseos (lot 9 only If not t£ed ra ptsrp slollon) ·cons~ucnoo ottrol w11 be o condtton or ~rovci where recessay Project Name: CARLSBAD OAKS NORTH LOTS 1 & 2 Project No: SP 211(B) Londscooe Setbocks 1e1er lo tel¢ Ia mae defail --1::[ No!e Oil site Forooov Alenue co~lltJCHOn ex!ards to Orion 'WC1i rete riO lenlotlve Map 97 13 fa mae detail Figure 2J Land Use Plan May 2016 -3-CEQA Addendum, EIR 98-08 4.0 CARLSBAD OAKS NORTH SPECIFIC PLAN Project Name: CARLSBAD OAKS NORTH LOTS 1 & 2 Project No: SP 211(B) Within the boundary of the CONSP, approximately 220 acres is dedicated open space leaving .approximately 194 acres for the street network and development lots. Although the CONSP document is being amended, the proposed amendment only affects Lot 1 and lot 2 (shown in the land use plan in Figure 2). Lots 1 and 2 are located at the westerly edge of the CONSP area, north and south of Faraday Avenue and west of El Fuerte Street. Both lots were mass graded as part of the Phase I development of the CONSP area. Neither ofthe lots have been developed, nor have any entitlements been submitted for these two lots. The CONSP contains a requirement in Section III.A.2, Development Standards and Guidelines, Auxiliary Uses (page 111-2) stating: Those auxiliary uses which directly support the industrial park and are listed in Section 21.34.020 of the Carlsbad Municipal Code, may be permitted upon lots 1, 2, 5, 6, and 8 subject to issuance of a Conditional Use Permit in accordance with the Conditional Uses Ordinance, Chapter 21.42 of the Carlsbad Municipal Code. To ensure that commercial services are available to the occupants of the Carlsbad Oaks North Business Park and the surrounding industrial areas at a convenient and accessible location, one of two lots (Lot 1 or Lot 2) located at the intersection of El Fuerte Street and Faraday Avenue shall be reserved for commercial support use. A notice of restriction will be recorded against the properties identifying them as the location for potential commercial support uses. Planning Director approval of a Planned Industrial Permit for a permitted use on Lot 1 or Lot 2, whichever occurs first, will automatically reserve the remaining lot for commercial support uses. "Commercial support uses" mean the commercial types of uses that would directly support industrial parks, which are listed as conditional uses in Carlsbad Municipal Code (CMC} Section 21.34.020. These would include conditional uses such as retail uses catering to or supporting industrial and office uses (which would include the more retail-oriented versions of permitted uses such as courier service, blueprinter and printing service, tax service and cellular service carrier), restaurant/brewery, gas station, gym, child daycare center, hotel, self-storage, kennel and veterinary clinic, etc. Deli and bank uses are listed as permitted, but could also be considered as commercial support uses. At the time the CONSP was adopted in 2002, the area within and around the Specific Plan boundary to the north and west was undeveloped land. The area to the south was (and is) the Carlsbad Airport Business Center for which a Specific Plan (CASP) had been approved in 1986 (SP 200). The original CASP area encompassed a much larger area of land than it does currently, generally known as Carlsbad Oaks. It originally included the area north of Palomar Airport Road (Carlsbad Oaks East and West) that had already received subdivision approvals in 1980 (known as Area A), as well as a larger area to the north known as Area B, which would eventually become the CONSP area (see SP 200 location exhibit in Figure 3). In 1986 there were no plans for Area B. The CASP stated that the intent was to ensure the orderly development of Area A, and that a future CASP amendment would be required for the northerly Area B. The CONSP was adopted in 2002 as a stand-alone Specific Plan (SP 211) rather than an amendment to SP 200. The majority of the lots in the CASP Area A had been developed by 2002, and these areas were essentially the only areas that were encompassed by the reference in the CONSP to "surrounding industrial areas." May2016 -4-CEQA Addendum, EIR 98-08 Project Name: CARLSBAD OAKS NORTH LOTS 1 & 2 Project No: SP 211(8) LOCATION MAP ity of Carlsbad CARLSBAD AIRPORT BUSINESS CENTER Figure 3~ SP 200 Areas A and 8 May 2016 -5- SP-200 CEQA Addendum, EIR 98-08 Project Name: CARLSBAD OAKS NORTH LOTS 1 & 2 Project No: SP 211(B) 5.0 CARLSBAD OAKS NORTH SPECIFIC PLAN EIR 98-08 The CONSP requirement for nearby commercial support uses addressed one of the mitigation measures required by EIR 98-08. The EIR identified potentially significant air quality impacts that would be caused by operational traffic associated with the build-out of the CONSP industrial development. The EIR included mitigation measures to reduce impacts/ including the first of eight bullet items under Air Quality, AQ-3, which echoed the requirement for commercial support uses. This first of eight items under mitigation measure AQ-3 specifically states: Provide within the proposed development, a commercial site designated to serve the commercial needs of the occupants of the business park. The intent of this mitigation measure, although not overtly stated, was to reduce air quality impacts through reduced vehicle miles travelled during the workday for employees of the industrial parks by ensuring availability of nearby commercial support uses. 6.0 DESCRIPTION OF PROPOSED CHANGES TO THE CONSP The current proposed project is a request to amend the CONSP by eliminating the text containing the requirement for commercial support services to be developed on either Lot 1 or Lot 2. Lots 1 and 2 are two of five "auxiliary use" lots within the CONSP area that could be developed with commercial support uses or light industrial uses, but they were the only two lots where commercial support uses were specifically required to be developed on one oft he two lots. Removal of the requirement would still allow for either or both lots to be developed with commercial support uses or light industrial uses. 7.0 EXISTING CONDITIONS AND SURROUNDING USES The two lots designated for possible commercial support uses (Lots 1 and 2) are located approximately one travel mile away from the most distant lot of the CONSP development, and approximately 1.5 travel miles away from the most distant lot of the CASP development. The only other commercial support uses that were existing nearby in 2002 (although they were not easily accessible then; the CONSP presumed road connections would be constructed by build-out so they would be more easily accessible in the future) were: a gas station at the northwest corner of Melrose Avenue and Sycamore Avenue to the east in Vista; Vista Palomar Park with a gas station/convenience store and fast food restaurants at the northwest corner of Palomar Airport Road and Business Park Drive to the east in Vista; and the Fed-Ex center at the southeast corner of Faraday Avenue and Orion Road to the west in Carlsbad. The sites that more directly supported the industrial park were the Vista Palomar Park and Fed-Ex sites that have food uses or business service/retail uses, rather than the gas station that is a general support use for a variety of land uses. In practical terms, these nearby sites meant that occupants of the industrial park would have had to make separate discreet trips or a longer round trip to access the food and business service/retail uses. The food uses at Vista Palomar Park as well as the Fed-Ex center are between two and 2.5 travel miles from the CONSP area. Discreet and round trips to these sites would be about 10 or 7.5 miles, respectively. Figure 4 shows the commercial sites that had developed in the surrounding area by 2005. May 2016 -6-CEQA Addendum, EIR 98-08 May 2016 Project Name: Carlsbad Oaks North lots 1 & 2 Project No: SP 211{6) Figure 4~ commercial sites developed by 2005 -7-CEQA Addendum, EIR 98-08 Project Name: CARLSBAD OAKS NORTH LOTS 1 & 2 Project No: SP 211(B) After the adoption of the CONSP, all of the anticipated road connections were constructed as assumed in the CONSP for build-out. These include the extension of Faraday Avenue to connect between El Camino Real and Melrose Drive; El Fuerte Street to connect from Palomar Airport Road to Faraday Avenue; and Melrose Drive to extend south and connect to Palomar Airport Road. Also since that time, several more developments that could be considered as commercial support uses have been built in the surrounding area. These include a Home Depot on Melrose Drive in Vista circa 2006; a Target on Business Park Drive northeast of Lionshead Avenue in Vista circa 2008; additional commercial and fast food uses adjacent to the gas station at Melrose Drive and Sycamore Avenue circa 2010; and the Bressi Ranch Town Center built by 2009. Two hotels in Bressi Ranch and one hotel at Melrose Drive and Faraday Avenue in Vista have recently been added as well. However, the most relevant development that has a bearing on Lots 1 and 2 of the CONSP was the construction of the commercial center at the northwest corner of Palomar Airport Road and Loker Avenue West, which is within the CASP. This center has a Staples store, a bank, fast food and personal services uses. The center is located within 1.5 miles of the CONSP lots located furthest away from it. Figure 5 shows the additional commercial developments that had been built in the area by 2014. 8.0 COMPLIANCE WITH EIR 98-08 MITIGATION MEASURE AQ-3 The existence ofthe center at Loker Avenue and Palomar Airport Road specifically meets the requirements of the CONSP and mitigation measure AQ-3. The center reduces vehicle miles travelled in the CON and CA Specific Plan areas by providing convenient commercial support uses within 1.5 miles of the industrial uses. Compared to the 7.5-10 mile trips that industrial park occupants would have experienced in 2002 to access commercial support uses, the presence of a site with a mix of commercial support uses within 1.5 miles reduces vehicle trip miles by up to seven miles for each trip. Moreover, now that the road connections have been constructed, the development of other sites with similar types of support uses in the surrounding area further enhances the variety and convenience of these uses for industrial park occupants. Moreover, these nearby commercial support uses have achieved the purpose of the first bullet item under mitigation measure AQ-3. Therefore, the elimination .of the requirement for Lot 1 or Lot 2 to be developed with commercial support uses will not have any greater environmental impact than previously analyzed under EIR 98-08. 9.0 CEQA GUIDELINES SECTION 15162 SUMMARY In order for the city to prepare an addendum to previously certified EIR 98-08 for this project, an analysis of the proposed change to the Specific Plan relative to CEQA Guidelines Section 15162 needs to be undertaken. Section 15162 states that the city shall not prepare an EIR for this project unless one or more of the following conditions exist: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or May 2016 -8-CEQA Addendum, EIR 98-08 May 2016 Project Name: Carlsbad Oaks North Lots 1 & 2 Project No: SP 211{8) Figure 5, commercial sites developed by 2014 -9-CEQA Addendum, EIR 98-08 Project Name: CARLSBAD OAKS NORTH LOTS 1 & 2 Project No: SP 211(B) (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Under condition 1 above, the CONSP requirement for Lot 1 or Lot 2 to be developed with commercial support uses was the provision that implemented the first bullet item under EIR 98-08 mitigation measure AQ-3. As discussed above, the requirement of the CONSP and AQ-3 has been met by means other than either Lot 1 or 2 being developed with commercial support uses. The pattern of development after adoption of the CONSP has resulted in a commercial site within 1.5 miles and several others nearby that serve the commercial needs of the industrial park occupants. Thus, there is no need to eliminate or alter the first bullet item under AQ-3 because it has been met in a way that is equally effective in achieving the purpose and intent of that part of the mitigation measure. The proposed project will not have any other effects more significant than previously analyzed and will not require changes to any other mitigation measures. Traffic impacts associated with vehicle trips for lots 1 and 2 would be reduced by an industrial project being developed rather than a commercial use that generates higher average daily trips. There would also not be any more significant land use changes since the proposed project does not introduce land uses that are not already provided for in the CONSP. 10.0 CONCLUSION The analysis above supports a determination that approval of the change to the Carlsbad Oaks North Specific Plan identified in Section 6.0 above would not result in any previously-undisclosed significant environmental impacts or a substantial increase in the severity of previously disclosed impacts or additional significant impacts beyond those previously addressed under EIR 98-08 for the Specific Plan. As discussed above, this document memorializes the City's reasoned conclusion that the amended Specific Plan does not create the conditions requiring the preparation of a Subsequent or Supplemental EIR pursuant to CEQA Guidelines Sections 15162 and 15163. May 2016 -10-CEQA Addendum, EIR 98-08 Project Name: CARLSBAD OAKS NORTH LOTS 1 & 2 Project No: SP 211(B) Pursuant to CEQA Guidelines Section 15164 and based upon the above discussion, I hereby find that approval of the proposed amendment to Specific Plan 211 will result in only minor technical changes. No technical changes or additions to EIR 98-Q8 are necessary to make the EIR adequate under CEQA for purposes of the current project other than describing the different manner in which the first bullet item of mitigation measure AQ-3 has been fulfilled, which is set forth in the discussion above. The EIR Addendum for this project was prepared by: TERI DELCAMP, Senior Planner Date The EIR Addendum for this project has been reviewed and the environmental determination, indicated above, is hereby approved. VAN LYNCH, Principal Planner Date May 2016 -11-CEQA Addendum, EIR 98-08