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2001-10-17; Planning Commission; ; GPA 98-05|LFMP 87-18B|ZC 01-07|CT 98-10|HDP 98-09|PIP 01-01 -CARLSBAD RACEWAY BUSINESS PARK
~he City of C_arlsbad Planning Departme' A REPORT TO THE PLANNING COMMISSION ,. Item No.@ P.C. AGENDA OF: October 17, 2001 Application complete date: March 25, 1999 Project Planner: Anne Hysong Project Engineer: Clyde Wickham SUBJECT: GPA 98-05/LFMP 87-18(B)/ ZC 01-07/CT 98-10/HDP 98-09/PIP 01-01 - CARLSBAD RACEWAY BUSINESS PARK -Request for a recommendation of approval for a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, General Plan Amendment, Local Facilities Management Plan Amendment, and Zone Change and approval of a tentative tract map, hillside development permit and planned industrial permit to allow the subdivision of a 146.3 acre parcel located north of Palomar Airport Road between future Melrose Drive and the City's eastern boundary into 25 industrial lots and 3 open space lots on property located in the P-M Zone in Local Facilities Management Zone 18. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 5024, 5025, 5026 and 5027 RECOMMENDING APPROVAL of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum, GPA 98-05, LFMP 87-18(B), and ZC 01-07 and ADOPT Planning Commission Resolutions No. 5028, 5029, and 5030 APPROVING CT 98-10, HDP 98-09, and PIP 01-01 based on the findings and subject to the conditions contained therein. • II. INTRODUCTION The applicant is requesting a recommendation of approval for a General Plan Amendment to eliminate the Office (0) designation from the PI/O General Plan designation and to add the Open Space (OS) designation to the proposed project open space, to rezone the proposed open space from P-M to O-S and to amend the Zone 18 Local Facilities Management Plan. The applicant is also requesting Planning Commission approval of a tentative tract map to subdivide and grade the 146.3 acre Carlsbad Raceway property into 25 industrial lots and three open space lots, a hillside development permit and planned industrial permit required for the project. Subsequent Planned Industrial Permits for the development of each lot created by the subdivision will be required prior to construction. As designed and conditioned, the project is in conformance with the General Plan, as amended, Subdivision Ordinance (Title 20), Hillside Development Regulations and Planned Industrial Permit zoning ordinances. The project complies with all applicable City standards, all project issues have been resolved, and all necessary findings can be made for the requested approvals. III. PROJECT DESCRIPTION AND BACKGROUND _The project proposes to subdivide and grade the 146.3 acre Carlsbad Raceway property into 25 (.'\ . ., GPA 98-os/LFMP 81-18cl zc 01-01tcT 98-10/HDP 98-09/PIP A1 -cARLsBAD RACEWAY BUSINESS PARK October 17, 2001 Pa e2 ·.;-.. industrial lots and 3 open space lots. This action necessitates three legislative actions: (1) a General Plan amendment; (2) a zone change; and (3) a Local Facilities Management Plan amendment to update the Zone 18 LFMP to include the requirement to participate in the financing of Faraday A venue and the South Agua Hedionda Interceptor Sewer. The LFMP amendment will also provide for a temporary sewer connection through the City of Vista Raceway sewer basin and outfall. The property is currently designated by the General Plan for Planned Industrial/Office (PI/O) land use and zoned Planned Industrial (P-M). The proposed General Plan Amendment eliminates the O designation and redesignates the portion of the property proposed to be developed with industrial lots to PI and redesignates the 43.36 acres of the property proposed to be dedicated as permanent open space to Open Space (OS). To ensure zoning consistency with the proposed General Plan land use designations, the portion of the property redesignated as OS would be rezoned to the O-S zone. The Carlsbad Raceway property is located north of Palomar Airport Road in the City's northeast quadrant. The property is surrounded by open space and industrial park development to the north, vacant industrial property and a small commercial development in the City of Vista to the east, a vacant industrially zoned property and Palomar Airport Road to the south, and the existing Carlsbad Oaks East industrial park to the west. The property is characterized by gentle slope terrain which descends northward into a prominent east/west canyon on the northern half of the property in which a drainage spans most of the length of the property. Tributaries to the main drainage occur in two smaller canyons on the southern half of the site which drain towards the north. Three other tributaries to the main drainage enter from the north side of the property. The drainage on site is an unnamed tributary to Agua Hedionda Creek which drains into Agua Hedionda Lagoon. Two larger hills occur on the northern edge of the site and on the southwest corner of the site, and elevations range from approximately 310 feet to 495 feet above sea level. The Carlsbad Raceway has operated at the site since 1963 under a conditional use permit which expires in February, 2002. The raceway drag strip stretches about two thirds of the property from the northeast corner to the south central area. Much of the site is heavily disturbed in that the drag strip was created in the canyon bottom in the northeast area of the site where water has been diverted to flow alongside it in a previously upland area. Also, numerous dirt roads created from off-road motorcycle activity occur in all areas of the site. The southwestern portion of the site has also been used for agriculture, and a SDG&E powerline easement bisects the eastern half of the property. The north-central portion of the site, which is abutted by dedicated open space in • the City of Vista, is the least disturbed portion of the property. . . The proposed industrial lots range in size from 1.1 acre to 8.7 acres. Future development of the industrial lots will require Planning Director approval of a Planned Industrial Pertnit. The project site includes a 50-foot (minimum) landscape buffer along Melrose Drive and 35-foot landscape setbacks along the projects internal streets. The Raceway property is a hardline area in the Citfs draft HMP, which identifies it as a part of a linkage (Linkage Area D) that connects core areas to the north and south of the property. Consistent with the HMP, a proposed 400' wide north-south habitat corridor that incorporates the existing SDG&E easement bisects the eastern half of the property and connects to an east-west habitat corridor that extends along the northern portion of the property (see Sheets 7 and 8). "In conjunction with the proposed industrial project to the south, a common passive park area consisting of a waterfall and creek feature, an 8' wide segment of the Citywide trail system, and outdoor eating amenities will be developed , GPA 98-05/LFMP 87-181/ ZC 0l-07{CT 98-10/HDP 98-09/PIP 101 -CARLSBAD RACEWAY BUSINESS PARK October 17, 2001 Pae 3 along the west side of Melrose Drive from Palomar Airport Road to approximately 600 feet north of the intersection (see Sheet 3). The subdivision is conditioned to construct Melrose Drive between Palomar Airport Road and its existing southerly terminus in the City of Vista as well as internal streets to City standards. The project will have three points of access. The project will have access from Melrose Drive and receive access from Poinsettia Avenue (Street "B"), a 52' wide east/west street that will provide a connection between Melrose Drive and Business Park Drive. Another access will be provided to the project by the extension of Paseo Valindo between Palomar Airport Road and Poinsettia Avenue. All of the lots will front on Street "B" except one lot (#25), located west of Melrose Drive, that will receive access from Melrose Drive. Internal project circulation will include minimum 52' wide streets (parking on both sides) and minimum 30-foot wide driveways. The subdivision and grading design is somewhat dictated by the three points of access to the property. Grading quantities for the project exceed the Hillside Ordinance "acceptable" range due to grade alteration for the short segment of Melrose Drive, which requires cut and fill to achieve the required grades at the existing points of connection. Slopes exceeding 40' in height are necessary to construct Melrose Drive. Aside from Melrose Drive, achievement of 1 acre minimum industrial lots with large flat building pads requires considerable alteration of the previous sloping terrain, i.e., large quantities of cut on the south side of Street "B" and fill on the north side with manufactured slopes descending into a northern canyon that will be preserved as open space. The mass grading has been designed to generally perpetuate existing drainage patterns; i.e., a public storm drain system that outlets into one of two detention basins that will drain into a tributary of Agua Hedionda Creek. Open space Lot 27 will include permanent NPDES drainage basins. This construction of Melrose Drive will create a detention basin east of the road and reduce the peak flow in the Agua Hedionda Creek tributary to below pre-development conditions The project is located within the boundaries of the McCle11an-Palomar Airport Influence Area and therefore subject to the McClellan-Palomar Airport Comprehensive Land Use Plan (CLUP). The proposed project is subject to the following plans, ordinances, standards, and policies: A. Carlsbad General Plan 1. General Plan Amendment 2. General Plan Consistency B. Carlsbad Municipal Code, Title 21 (Zoning Ordinance) including: 1. Planned Industrial (P-M) Zone (Municipal Code Chapter 21.34); 2. Open Space (OS) Zone (Municipal Code Chapter 21.33); 3. Hillside Development (Municipal Code Chapter 21.95) GPA 98-05/LFMP 87-181 zc 01-01tcT 98-10/HDP 98-09/PIP lo1 ~ CARLSBAD RACEWAY BUSINESS PARK October 17, 2001 Pa e4 C. Carlsbad Municipal Code, Title 20 (Subdivision Ordinance) D. McClellan-Palomar Airport Land Use Plan (CLUP) E. Growth Management Ordinance / Zone 18 Local Facilities Management Plan IV. ANALYSIS The recommendation of approval for this project was developed by analyzing the project's consistency with the applicable policies and regulations listed above. The following analysis section discusses compliance with each of these regulation/policies utilizing both text and tables. Al. General Plan Amendment The project site is currently designated by the General Plan for Planned Industrial/Office (PI/O) land use and is zoned Planned Industrial (P-M). The proposed project includes a General Plan . Amendment and Zone Change to change the property's dual PI/O General Plan designation to PI and Open Space (OS), thereby eHminating the Office (0) designation. The General Plan amendment would retain only the PI designation on the portion of the property proposed to be developed with industrial lots, and the 43.36 acres of property proposed to be dedicated as permanent open space would be redesignated to OS. Justification for elimination of the 0 designation, which allows office and related commercial use, is that it is unnecessary since professional offices that are incidental to the industrial uses and not retail in nature, are permitted by P-M zoning under the PI land use designation.. Limited retail commercial uses that provide services to occupants of the industrial zones are also permitted by conditional use permit. To ensure zoning consistency with the proposed General Plan land use designations, the portion of the property redesignated as OS would be rezoned to the 0-S zone. Thi~ action is consistent with the General Plan Open Space element and in accordance with the intent and purpose of the open space zone to designate as open space high priority resource areas at the time of development. A2. General Plan Consistency The proposed project is consistent with the policies and programs of the General Plan. The following table indicates how the project complies with the elements of the General Plan: , GPA 98-05/LFMP 87-1811 zc 01-01tcT 98-10/HDP 98-09/PIP lo1 -CARLSBAD RACEWAY BUSINESS PARK October 17, 2001 Pae 5 GP ELEMENT Land Use-PI Circulation Open Space Noise Parks Public Safety COMPLIANCE Planned Industrial business park subdivision that is: • designed and landscaped within perimeter setbacks and manufactured slopes and properly functioning internal roads and adequately spaced driveways • compatible with surrounding industrial and open space uses • creates industrial lots that are large and level enough to accommodate industrial development including parking, loading, storage, and operational needs • conditioned to screen all storage, loading, mechanical equipment and meet all required performance standards for noise, odor and emissions. Construct the following roadway and intersection improvements in accordance with City standards: • Street "B" (Poinsettia Avenue) will be extended from its existing terminus west of Business Park Drive to Melrose Drive. • Melrose Drive will be constructed from Palomar Airport Road to the existing terminus in the City of Vista. • Financial guarantee of Faraday Ave. to extend the roadway from the existing terminus near Melrose Drive in Vista to the existing terminus near Orion Way in Carlsbad. • Onsite Street "A'.' will connect to the future industrial subdivision to the south (Palomar Forum), providing another network link and secondary access to Palomar Airport Road and to Melrose Drive/Business Park Drive. The project will result in the preservation of 43.6 acres of open space consistent with the City's HMP, provide a citywide trail segment, and .. ezone the open space easement to the Open Space zone. Standards for noise generation and interior noise standards for future development will be required in compliance with the City's Noise istandard and P-M zone performance standards. Payment of park-in-lieu fee • Mitigation measures are required to significantly reduce the risk of exposure to hazardous substances during construction and from future industrial development • Streets, sidewalks, street lights, and fire hydrants will be constructed per City standards Bl. Planned Industrial Zone In accordance with the Planned Industrial (P-M) zone ordinance regulations, a Planned Industrial Permit (PIP) is required for all industrial subdivisions. The majority of standards apply to the actual development of industrial lots. Subsequent approval of a PIP will be required for each GPA 98-05/LFMP 87-181 ZC 0l-07LCT 98-10/HDP 98-09/PIP fol -CARLSBAD RACEWAY BUSINESS PARK October 17, 2001 Pae 6 industrial lot prior to development. The proposed industrial subdivision is subject to standards for lot size, landscaped setbacks, mini park provisions, and subdivision design criteria. Compliance with the applicable standards is indicated in the following table. PLANNED INDUSTRIAL ORDINANCE STANDARD REQUIRED PROVIDED Prime Arterial Setback . 50 Feet Entirely Landscaped 50 Feet Entirely Landscaped Local Street Setback 35 Feet Average 35 Feet Average Interior Side Yard Setback 10 Feet 10 Feet Rear Yard Setback 20 Feet 20 F~et Minimum Lot Area 1 Acre 1.4-9.7 Acres Outdoor Eating Area Mini-Park in lieu of outdoor Mini Park satisfies outdoor eating area within 1,000 feet eating requirements for Lots 1, 2, 3, 24 Internal Street System Safe, efficient, functional Three points of access to ensure accessibility; street . connections between Melrose and Business Park Drive to ensure timely emergency response Equipment Screening Architecturally integrated For future buildings: ' • Prohibit placement of mechanical equipment on roofs unless project incorporates architectural treatment consisting of architectural elements or parapets that are of sufficient height and design to screen future mechanical roof equipment from adjacent scenic corridor and circulation arterial roadways. • Prohibit installation of roof screens other than building parapets or architectural elements that are integrated into the architectural design of buildings; Prohibit loading bays that are visible from Palomar Airport Road or Melrose Drive. • GPA 98-05/LFMP 87-181 zc 0l-07{CT 98-10/HDP 98-09/PIP lo1 -CARLSBAD RACEWAY BUSINESS PARK October 17, 2001 Pae 7 Architecture Architecturally integrated Require enhanced archi- tectural treatment of all building elevations that are visible from Palomar Airport Road or Melrose Drive. B2. Open Space Zone A habitat corridor consisting of three lots (26, 27, and 28) within the proposed subdivision will be dedicated as permanent open space in accordance with the City's Draft Habitat Management Plan. The property will be redesignated as General Plan open space and reclassified as an open space (O-S) zone . This action is consistent with the General Plan Open Space element and in accordance with the intent and purpose of the open space zone to designate as open space high priority resource areas at the time of development. The project is conditioned to preclude any use of the open space beyond the utility easements and permanent drainage basins identified on the tentative map. B3. Hillside Development Regulations A Hillside Development Permit is required for the Carlsbad Raceway property because the property contains slopes of 15 percent and greater with elevation differentials greater than 15 feet. The project consists of a grading design to create a landform that is consistent, with some modification, to the City's Hillside Development Regulations. The project's grading volume of 12,530 cubic yards/acre exceeds the acceptable range, i.e., it exceeds 10,000 cubic yards/acre. The project includes slopes that exceed 40' in height due to Melrose Drive and Street "B". Section 21.95.130 of the Hillside Deve_lopment Ordinance excludes circulation arterial roads from hillside development standards. The majority of manufactured slopes proposed do not exceed 40'. Hillside regulations are intended to ensure that hillside landforms are developed in a sensitive manner and that the majority of visible manufactured slopes are undulated and do not exceed 40' in height. Although the Hillside Development Ordinance excludes industrial subdivisions from grading volume limitations and slope height restrictions, justification for exceeding the acceptable grading volume is still required. The following table indicates compliance with Hillside Development Regulations: HILLSIDE DEVELOPMENT ORDINANCE -SECTION 21.95.120 STANDARD PROPOSED PLAN COMPLIANCE Undevelopable Slopes: 9.3 acres of slopes greater than 40% Yes Natural Slopes of Over 40% exist on the property; however, 4.8 I Gradient with elevation acres are previously graded (non- differential > 15 ', a minimum natural) and the remaining slopes with area of 10,000 square feet and an elevation differential of fifteen feet compnsmg a. prominent or more comprise less than ten landform feature. thousand square feet and do not comprise a prominent landform feature. GPA 98-05/LFMP 87-181 zc 01-01{CT 98-10/HDP 98-09/PIP In -CARLSBAD RACEWAY BUSINESS PARK October 17, 2001 Pae 8 Grading Volumes > 10,000 cu yds/acre allowed if the project qualifies as an exclusion or modification per Sections 21:95.130 and 21.95.140* Maximum Manufactured Slope Height: 40 feet* Contour Grading: Required for manufactured slopes greater than 20' m height and 200' in length and visible from a Circulation element road, collector street or useable public open space 12,530 cu yds/acre excluding Circulation Element Roadway (Melrose Drive). See the discussion below. Maximum manufactured slope height is 40-50 feet at locations (see Exhibit "B" -"L") due to Melrose Drive and the Street "B" access road through the subdivisiqn. Contour grading is proposed where applicable adjacent to and visible from Melrose Drive. Slope Edge Building setback: NA -Buildings are not proposed at this 0. 7 foot horizontal to 1 foot time. Slope edge building setback will vertical 1magmary diagonal be analyzed with future Planned plane measured from edge of . Industrial Permit applications for slope to structure bu,ildings. Landscape manufactured All manufactured slopes are landscaped slopes consistent with the in accordance with the City's City's Landscape Manual Landscape Manual with the exception of slopes descending into the northern wildlife corridor which will be revegetated with native species as· a biological mitigation condition. Yes Yes Yes NA Yes * Exclusions are permitted for grading volumes, slope heights and graded areas which are directly associated with circulation element roadways or collector streets, provided that the proposed alignment(s) are environmentally preferred and comply with all other City standards; and modifications are permitted for projects that will result in significantly more open space or· undisturbed area that would a strict adherence to the Hillside Ordinance development and design • regulations. Justification for the grading volume above the acceptable range is based on existing sloping terrain, the industrial subdivision design, and the construction of Melrose Drive and Street "B". The area proposed for development descends from south to north from approximately 500 feet to 320 feet at the eastern end of the property, 430 feet to 390 feet in the center of the property, and from 450 feet to 330 feet at the western end. An east-west access road (Street "B") between Melrose Drive and the existing terminus of Poinsettia A venue in the City of Vista will provide access to large industrial lots on each side. The gr~ding s·cheme necessary to create large flat industrial pads requires cut to lower the lots on the south side of Street·"B" to the road ele:vation and comparable fill to raise pads on the north side of Street "B" to the road elevation. Lowering GPA 98-os/LFMP 87-181 zc 01-01zcT 98-10/HDP 98-09/PIP lo1 -CARLSBAD RACEWAY BUSINESS PARK October 17, 2001 Pa e9 pad elevations on the north side of Street "B" to reduce slope heights and grading volumes would also preclude gravity sewer lines from those lots to Street "B". These site conditions and development parameters resulted in greater grading volumes and a minimal number of slopes exceeding 40' in height. C. Subdivision Ordinance The proposed tentative map complies with all requirements of the City' Subdivision Ordinance. All infrastructure improvements including frontage and project related roadways and construction of drainage and sewer facilities will be installed concurrent with development. The proposed project would subdivide the project site into 25 industrial lots and 3 open space lots ranging in size from 1.4 to 37.7 acres. The project grading to create building pads, private driveways and the connection of Melrose Drive to Palomar Airport Road will consist of 1,430,000 cubic yards of cut and fill to be balanced onsite. The proposed project includes the construction of a new sewer line, which will be directed through Melrose Drive to connect to the South Agua Hedionda Interceptor Sewer system. A temporary agreement may be provided to allow this project to sewer into the City of Vista's Raceway Sewer Lift station and outfall. Water service is provided by an existing 36" water line on Palomar Airport Road. Twenty-five temporary NPDES and desilt basins will be constructed at various locations throughout the project. Primary access to the site will be provided from Melrose Drive and nearby Business Park Drive. Access to the site will also be provided from Palomar Airport Road at its existing signalized intersection with Paseo Valindo by a connection to a future street through the Palomar Forum project (CT 99-06). The project is also conditioned to construct Melrose Drive from Palomar Airport Road to its existing terminus in the City of Vista, including curb and gutter, sidewalk, and street lights. The project is conditioned to install public interior Street "A" improvements for 72 foot width right-of-way and public interior Street "B" improvements for 126 foot right-of-way including curbs, gutters, sidewalks, street lights, and fire hydrants. The proposed street system is adequate to handle the project's pedestrian and vehicular traffic. Emergency access can be accommodated at ingress and egress points provided from Melrose Drive. The project is also required, as a condition of the Zone 18 Local Facilities Management Plan to participate in the financing and the construction of Faraday Avenue from Melrose Drive to Orion Way. D. McClellan Palomar Airport Land Use Plan (CLUP) The proposed industrial subdivision is located within the airport influence area and the eastern flight activity zone. The proposed development is consistent with the Planned Industrial land use designation that existed at the time the CLUP was adopted; therefore, compliance with the P-M zoning regulations at the time the proposed lots are developed will ensure consistency with the CLUP. Specifically, high rise development above the height limitations of the P-M zone and conditional uses that involve large groups of people are prohibited. GPA 98-05/LFMP 87-181 zc 01-011_cT 98-l0IHDP 98-09/PIP 101-CARLSBAD RACEWAY BUSINESS PARK October 17, 2001 Pae 10 E. Growth Management An amendment is proposed to the Local Facilities Management Plan (LFMP) for Zone 18 to reflect the proposed changes in land use. The plan has been prepared in accordance with Chapter 21.90 of the Carlsbad Municipal Code. The proposed document is the second amendment to the Zone 18 LFMP. It is necessary to reflect • the approved final maps for Rancho Carrillo, the General Plan Amendment deleting the Office designation for the Carlsbad Raceway property, the new sewer and drainage facilities and the Citywide traffic study. The proposed zone plan covers the entire zone and analyzes the requirements for the eleven public facilities included within the growth management program. For ·each of the eleven public facilities the plan lists the required performance standard, provides a facility planning and adequacy analysis, required mitigation, and financing sources for any required mitigation. Special Conditions of the LFMP amendment include improvements to Palomar Airport Road, the construction of Melrose Prive, a financial guarantee for the construction of Faraday Avenue, and conditions for allowing a temporary sewer connection to the City of Vista Raceway Pump Station and outfall. The zone will be in compliance with the required performance standards by satisfying the general and special • conditions listed in the zone plan. The facilities impacts of the project are summarized below: Zone 18 LFMP Summary STANDARD IMPACTS COMPLIANCE W/STANDARDS City Administration Not Applic1;1ble Yes Library Not Applicable Yes Waste Water Treatment 771 EDU Yes Parks Not Applicable Yes Drainage 396 CFS Yes Circulation 10,320 ADT Yes Fire Station #5 Yes Open Space 43.36 Acres Yes Schools Not Applicable Yes Sewer Collection System 771 EDU Yes Water 257,000 GPD Yes V. ENVIRONMENTAL REVIEW Staff has conducted an environmental impact assessment to determine if the project could have a potentially significant effect on the environment pursuant to CEQA guidelines and the Environmental Protection Ordinance {Title 19) of the Carlsbad Municipal Code. The General Plan land use designation would remain the same except that the Office designation is eliminated and the proposed open space easement is redesignated as open space. These changes· have no impact on the Planned Industrial land uses allowed by the existing PI/O General Plan designation since office uses are allowed under either designation. The project falls within the scope of the City's MEIR for the City of Carlsbad General Plan update (EIR 93-01) certifiedin September, 1994, in which a Statement of Overriding Considerations was adopted for cumulative impacts to GPA 98-05/LFMP 87-181 ZC 01-07[CT 98-10/HDP 98-09/PIP .01 -CARLSBAD RACEWAY BUSINESS PARK October 17, 2001 Pa e 11 air quality and traffic. MEIR's may not be used to review projects if it was certified more than five years prior to the filing of an application for a later project except under certain circumstances. The City is currently reviewing the 1994 MEIR to determine whether it is still adequate to review subsequent projects. Although the MEIR was certified more than five years ago, the City's preliminary review of its adequacy finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified. The only potential changed circumstance, the intersection failure at· Palomar Airport Rd. and El Camino Real, has been mitigated to below a level of significance. Additionally, there is no new available information, which was not known and could not have been known at the time the MEIR was certified. Therefore, the MEIR remains adequate to review later projects. All feasible mitigation measures identified by the MEIR which are appropriate to this project have been incorporated into the project. Potentially significant environmental impacts were identified for water quality, circulation, risk of exposure to hazardous materials, biological resources, and aesthetics. Mitigation measures to reduce water quality and circulation impacts include compliance with the project's summary NPDES study, the construction of Melrose Drive, a financial guarantee for the construction of Faraday Av,enue, and construction of Street "B" between Melrose Drive and Business Park Drive. Mitigation for biological impacts includes the creation of riparian habitat, acquisition of coastal sage scrub habitat, and preservation and revegetation of an HMP wildlife habitat corridor. Although the preferred wildlife habitat corridor mitigation does not include the Street "B" crossing, a cul-de-sac design on each side would require that the industrial lots located on the east side of the corridor receive access via Business Park Drive. This cul-de-sac design would create potentially significant traffic and safety impacts because: 1) the connection of Street "B" is necessary as mitigation to alleviate traffic congestion on Palomar Airport Road; and 2) the Fire Department could not provide emergency services to the area within the standard five-minute response time. Therefore, Street "B" has been designed as a through street to ensure emergency response within the five minute standard, improve emergency access to adjacent development, and provide a parallel roadway to reduce traffic on Palomar Airport Road. To reduce impacts to wildlife resulting from Street "B", the vertical road alignment is recessed below grade through the corridor to reduce the impact of the roadway to birds crossing the corridor. Mitigation measures to avoid the potential for exposure to hazardous materials include restrictions on grading operations to avoid exposure to pesticide impacted soils and the future industrial use of hazardous materials. Mitigation measures to avoid visual impacts to scenic corridors resulting from future· rooftop mechanical equipment, loading bays, and poorly designed architecture include design restrictions prohibiting visible mechanical equipment and loading bays and requiring enhanced architecture at visible locations. During the 30 day public comment period, responses were received from the U.S. Fish and Wildlife Service, California Department of Fish and Game, Preserve Calavera, the Sierra Club, the Department of Toxic Substances, and Dr. Douglas Diener regarding the identification of environmental impacts and the adequacy of proposed mitigation. Based on comments received from the USFWS and CDFG regarding biological impacts resulting from the Street "B" crossing of the wildlife corridor, the cumulative loss of non-native grassland and southern mixed chaparral, an "occupied" classification of coastal sage scrub habitat, direct impacts to two sensitive plant species, the need for sw,-veys for the burrowing owl, clarification of wetland impacts, and avoidance of invasive/exotic plant species adjacent to open space areas, the City GPA 98-05/LFMP 87-181 ZC 01-07lCT 98-10/HDP 98-09/PIP lol -CARLSBAD RACEWAY BUSINESS PARK October 1 7, 2001 Pae 12 recirculated the mitigated negative declaration with added mitigation measures to reduce the identified impacts. These additional mitigation measures include: 1) the payment of$225,865.90 in mitigation fees for impacts to non-native grassland and chaparral; 2) preparation of an engineering and feasibility study for a potential wildlife crossing under Palomar Airport Road; 3) construction of an acceptable wildlife crossing or payment of $100,000 for impacts resulting from the Street "B" crossing of the north-south wildlife corridor;. 4) replacement of sensitive plant species from container stock; 5) a requirement 'for a burrowing owl survey prior to construction; and 6) a requirement for the use of native plant species and avoidance of invasive/exotic plant species in project landscaping adjacent to the preserved open space. During the 30 day public comment period for the recirculated mitigated negative declaration, the City received letters from Preserve Calavera, the Department of Toxic Substances, and Isabelle Kay, Manager of the Dawson Los Monos Canyon Reserve regarding. Thes~ letters are attached and responses t~ the issues addressed in the letters will be provided as part of staffs public hearing presentation. In consideration of the foregoing, the Planning Director reissued a Mitigated Negative ' Declaration on September 6, 2001. ATTACHMENTS: 1. Planning Commission Resolution No. 5024 (Mitigated Neg. Dec.) 2. Planning Commission Resolution No. 5025 (GPA) 3. Planning Commission Resolution No. 5026 (LFMP) 4. Planning Commission Resolution No. 5027 (ZC) 5. Planning Commission Resolution No. 5028 (CT) • 6. Planning Commission Resolution No. 5029 (HDP) 7. Planning Commission Resolution No. 5030 (PIP) 8. Location Map 9. Disclosure Form 10. Background Data Sheet 11. Local Facilities Impact Form 12. Reduced Exhibits 13. Public comment letters from Preserve Calavera, Isabelle Kay, and Department of Toxic Substances 14. Full Size Exhibits "A" -"CC", dated August 15, 2001 AH:cs SITE CARLSBAD RACEWAY BUSINESS PARK - G·PA 98-05/ZC 01-07/LFMP 87-18(8)/ CT 98-10/HDP 98-09/PIP 01-01 e DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board. Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot. be reviewed until. this information is completed. Please print. Note: Person is defined as ''Any individual, finn, co-partnership, joint venture. association. social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county. city and county. city municipality, district or other political subdivision or any other group or combination acting as a unit.'' Agents may sign this document: however, the legal name anc;l entity of the applicant and property owner must be provided below. • 1. APPLICANT (Not the applicant·s agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names. title. addresses of all individuals ·owning more than I 0% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON- APPLICABLE (NIA) IN THE SPACE BELOW If a publiclv-owned corporation. include the names, titles. and addresses of the corporate officers. (A separate page may be attached if necessary.) Person __________ ~--Corp/Part Racewav Properties. LLC Title ____________ _ Title ______________ _ Address Address 12671 Caminita Radiante San Dieiro. ------------CA92l30 2. OWNER (Not the owner·s agent) . Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also. provide the nature of the legal ownership (i.e. partnership. tenants in common. non-profit. corporation. etc.). If the ownership includes a corporation or partnership. in<:_lude the names. title, addresses of all individtials owning more than l 0% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- O\vned corporation. include the names, titles. and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ------------- Title ------------- Address ------------ Corp/Part Racewav Properties. LLC Title --------------- Address 12672 Caminito Radiante San 'Diego. CA 92130 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 lU) -3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (I) or (1) above is a nonprofit onrnnization or a trust. list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or berldiciaf}: of the. Non Profit/Trust NIA Non Profit/Trust NIA --------------------- Title Title ------------------------------ Address ___________ _ Address --------------- 4. Have you had more than $250 worth of business transacted with any member of City staff Boards, Commissions, Committees and/or Council \\ ithin the past twelve ( 12) months? D Yes ,S~o If yes, please indicate person(s): _____________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. SEE ADDENDUM SEE ADDENDUM Signature of owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or t) pe name of O\vner/appl icant • s agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 SENT BY: KURTIN PROPERTIES· . l 07/06/2001 10: ~~ Glg_:2816~ 8587937977; JUL-6-01 10:05AM; IDITT/SCIACCA . · .))JSCLOSUU STATEMENT ADDENDUM • :For .Raceway Properties, LLC Raceway Properties, LLC_is owned by the following individuals: Todd Kurtin-2So/o Bruce Elieff-25% ,Jon Kunin -16 2~ o/o • • • Ricbar4 Dimtt .. 16 2/3% • •. • F~ Sciacca-16 2/3% We certify that all the .a~e information is true and comet to the best of our knowledge. Signature ~f ~,,,_m~r/applioani Date Signature of owner/applican1 Iodd Kurtin Bryce Blieff Print or·type name,of owner/app~icant Print or type name of owner/appli(:■nt Date Signeture of owner/ap~licant Jon KurtiP Richard Dentt • Print ~r type name of O"'.ner/applicant Pnni or type name of owner/applicant Frank Sciacca Prin1 or ty,P.t name of own~r/applicant PAGE 2/2 P~GE t,4 Date Date SENT ~Y: KURTIN PROPERTIES· ' 0?/06/2001 10: 35 619_2w6~ 8587937977; JUL-6-01 10:03AM; DENTr /SCIACCA- · -DISCLOSURE STATEMENT ADDENDUM For Raceway Properties, LLC Raceway Properties1 LLC_is owned by the following individuals: Todd Kurtm-25% Broce Elieff -25% J;onKurtin-16 2/~% • " Richard Dentt p 16 2/3% • •. • Frank Sciacca -l 6 2.13% We certify that all the above information is true and correct to the best of our knowledge. ~-rkb1 Signature of own~r.app ioant Date . . . Si9n1.ture of owner/applicant Todd Kurtin . . Print or·typc name.of' owner/app~icarit Bat9e Elieff Print or type name ofowner/appUc:ant Si Date Signature of ownerlaPf licant Jon Kurtin Richard Dentt • Print ~r type name of owner/appUcant Print or type name of owner/applicant S!gnature of own_er/applicant • Date Frank Sciacca Print or type name of OWDf:f/appticant PAGE 212 PACx. t1'1 Date Pate .. ----07/06/2001 16:08 6192803169 DENTT/SCIACCA . Dl~C~OS~ STATEMENT ADDENDUM . • . . Ji'~.i' Raceway Properties, LLC Raceway Pr_operties, LLC is ·owned by the following individuals: Todd Kurtin--25%. Bruce Elieff -25% Jon KuJ'.tin -16 2/~% • :Richard Oentt_ -1 ~ 2/3.% • -FrankSciacca_-162/3%· • -PAGE 04 • ~ e ·certif?7 that aJl ~h~. above i~fonnation is true and correct to the best of our knowledge. Signa!ure of ~w~er/a~plicant. • .... Date • Signature of owner/applicant Date Todd Kurtiri • Bruce Elieff Print or type name_ of owner/applicant Print or type name of owner/applicant . . . . .. • ~igna~ure··of owner/applicant Date . Signature 1::2.r/applicant • mLD.L Date: -Jon Kurtin Richard Dentt • . Print or type n,me· of owner/applicant · Print or type name of owner/applicant Sign·a~re of owner/appJicant . Date Frarik Sciacca Print. or type name or owner/applicant. CASE NO: CASE NAME: APPLICANT: e BACKGROUND DATA SHEET GPA 98-05/LFMP 87-18{B)/ZC 01-07LFMP 87-18{B)/CT 98-10/HDP 98-09/PIP 01-01 Carlsbad Raceway Business Park Raceway Properties, LLC REQUEST AND LOCATION: A request for a General Plan Amendment to eliminate the Office{O) General Plan Designation and redesignate proposed open space to the Open Space {OS) General Plan Designation, a zone change to add Open Space zoning, a Tentative Tract Map, Hillside Development Permit, and Planned Industrial Permit for an 146 acre, 25 lot, industrial subdivision with 3 open space lots on property located north of Palomar Airport Road between the City's eastern boundary and future Melrose Drive. The project design includes a 400 foot wide north-south wildlife corridor that provides access to an east-west wildlife corridor within the northern portion of the property. Access to the industrial lots will be provided by construction of the remaining segment of Melrose Drive between Palomar Airport Road and the City of Vista boundary and the extension of Poinsettia Avenue from its existing westerly terminus in the City of Vista to Melrose Drive. No industrial buildings are proposed as part of the project. LEGAL DESCRIPTION: The South Half of the Northwest Quarter of Section 18, Township 12 South, Range 4 West, San Bernardino Meridian: Lot 2, Section 13, Township 12 South, Range 3 West, San Bernardino Meridian: and the Southwest Quarter of the Northeast Quarter of Section 18, Township 12 South, Range 3 West, San Bernardino Base and Meridian in the City of Carlsbad, County of San Diego. APN: 221-011-03;-04:-05 AND 221-010-022 Acres: 146.3 Proposed No. of Lots/Units: =.2:::...5-==L""-ot,,,_s _____ _ GENERAL PLAN AND ZONING Land Use Designation: :.Pt:.Il..::aO~------------------------------ Density Allowed: ~N=/ A~--------Density Proposed: NI A Existing Zone: =-P~-M"'-"-----------Proposed Zone: ""P_,-M"-"'-..,,O'""S~-------------- Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site P-M ·PI/O Carlsbad Raceway North Open Space/Industrial City of Vista Open Space/Industrial South P-M PI Vacant East City of Vista City of Vista Commercial West P-M PI Industrial PUBLIC FACILITIES School District: San Marcos Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): .1..77.1...lLE~D~U'--------------------- ENVIRONMENT AL IMPACT ASSESSMENT [8J Negative Declaration, issued ~Ju~le.LY..21~5:...., ~2~00~1!,__ ____________________ _ D Certified Ep.vironmental Impact Report, dated, ____________________ _ D Other CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM , .. (To be Submitted with Development Application) PROJECT IDENTITY AND IMP ACT ASSESSMENT: FILE NAME AND NO: GPA 98-05/LFMP 87-18(B)/ZC 01-07LFMP 87-18(B)/CT 98-10/HDP 98-09/PIP 01-01 LOCAL FACILITY MANAGEMENT ZONE: 18 GENERAL PLAN: =PI/---'O"--____ _ ZONING: =-P--=-M=------------------------ DEVELOPER'S NAME: RACEWAY PROPERTIES, LLC. ADDRESS: HOFMAN PLANNING ASSOCIATES. 5900 PASTEUR COURT. SUITE 150. CARLSBAD CA. 92008 PHONE NO.: (760) 438-1465 ASSESSOR'S PARCEL NO.: 221-011-03:-04;-05 AND 221-010-022 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 146.3AC/25 INDUSTRIAL LOTS ESTIMATED COMPLETION DATE: -=UNKN~· =O ___ WN~------------- A. City Administrative Facilities: Demand in Square Footage= Not Applicable B. Library: Demand in Square Footage= Not Applicable C. Wastewater Treatment Capacity (Calculate with J. Sewer) • -'-77'-"1'------- D. E. F. G. H. I. J. K. Park: Drainage: Demand in Acreage = Demand in CFS = Not Applicable 396 Identify Drainage Basin= B=-------- (Identify master plan facilities on site plan) Circulation: Demand in ADT = 10 320 (Identify Trip Distribution on site plan) Fire: Open Space: Schools: (Demands to be determined by staff) Sewer: Served by Fire Station No. = _5 _____ _ Acreage Provided= _43_.3~6 ____ _ Not Applicable Demands in EDU 771 Identify Sub Basin= =-B _____ _ (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = 257,000 POOR QUALITY ORIGINAL S r L G:B.A.ll.INJi. .4/Y.-iJLr&S; ~ 'Yrffl' f -"""' am ,,,7'.000 er ,.....,P' 1,-'JQOOO CY ,.,. ,,,7'.00CJ er ,.....,P' 1,4,xiOOO CY ...... .,. "' ,,,, ... ,,,, AC! 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We are concerned about this project because of its close association with the adjacent core habitat area that we refer to as the Calavera Preserve. Our objective is to assure that all of the projects in the surrounding area still result in a large, viable, diverse jnterconnected open space -one that serves our need to protect native plants and animals while still providing recreational and quality of life benefits to the residents of this area. This project proposes to destroy native habitat, impact a major regional watershed, and disrupt a regional wildlife corridor today for future potential business expansion that may not be realized for years. This is a high risk trade-off for the residents of this area who will bear the brunt of the increased traffic congestion and loss of open space. The residents of Carlsbad have made it clear in the recent survey that they want open space -not more industrial buildings. These public losses require adequate mitigation. The proposed MND has not accomplished the goals of completely and accurately describing the adverse impacts and then providing sufficient mitigation for these impacts. We are also concerned about mitigation management for this project The approval process should not proceed without clearly defined plans for mitigation and a management process with standards and critieria that assure plan implementation and success. Correction of these deficiencies could allow this process to proceed without the need to prepare a more comprehensive Environmental Impact Report(EIR). However, this will require a comprehensive review and response to comments submitted on this MND. Failure to address the issues raised during this comment period is a clear violation of CEQA Completion of the Melrose connector is important to relieve existing traffic problems and reduce the need for more roadway extensions into sensitive habitat-roads that will potentially be much more damaging that what is proposed with this project. We are anxious for the issues around this roadway and the associated projects to be resolved so that an improved Melrose connector can proceed, while 5020 Nighthawk Way -Ocean Hills, CA 92056 www.preservecalavera.org 10/4/01 10:28 PM Revised C~lsbad Raceway Comments 2of8 other more damaging proje! are put on hold. • The document is also unclear on the details of mitigation. Since the proposed development is speculative ~he impacts are being mitigated by BMP's. We don't know what will be built, the existing biological resources are poorly documenred, and the BMP's are not specified. This makes it difficult to evaluate the impacts of the project or the adequacy of the proposed mitigation. We assume that further project specific environmental review will be required when individual project development applications are submitted to the City of Carlsbad. The following are specific comments developed by members of our organization . Water 1. The project will significantly affect the water quality of Agua Hedionda Creek and Agua Hedionda Lagoon, an impaired waterway for bacteria and sedimentation. The MND needs to specifically address the potential for increased sedimentation from construction and grading activities that could further degrade the lagoon. 2. Further study is needed to specifically address the TMDL of bacteria that would be added to the lagoon from this project, from the combined impact of this project and Palomar Forum, and from the cumulative impacts of projects in this area. 3. Mitigation must specify the methods that will be used to prevent silt and bacteria from reaching the lagoon and· further impair this waterway. This is a particular concern with the proposed use of the creek as part of the system of detention basins. The Regional Water Quality Control Board no longer approves· in creek detention basins. A new plan will be required-and should hav~ been developed prior to the issuance of the MND. The use ofa mitigation that is not supported by the permitting agency does not constitute adequate mitigation, Circulation Traffic congestion is of concern to all of us in north county-and it is an area where good advance planning can ,have a significant effect. There are several major problems with the circulation study for this project that will lead to serious traffic and safety problems in a residential neighborhood, increased congestion in this important business corridor and worsened air quality for all of us. .Further work is needed to adequately address these impacts. 1. The existing conditions analysis as shown on Figure 3-1 failed to identify current traffic levels on Melrose south of Faraday-an area very important to the adjacent residential neighborhood. The intersection analysis also did not look at any of the int~rsections that are key for this Vista neighborhood. There is a legitimate concern about cut-through traffic on these local streets. Impacts on this neighborhhood need to be specifically addressed. 2.. The short term future traffic conditions analysis described on page 6-1 failed to update the traffic model for changes in the adjacent cities. This has resulted in serious errors in the analysis. For example, it fails to include the proposed Home Depot project at Melrose and Sycamore in Vista. This project alone is expected to generate 5-1 Ok ADT which will increase Melrose to over 60 ADT. Other Vista projects do not seem to be accurately reflected in either the baseline conditions or future traffic 10/4/0110:25 PM Revised Carlsbad Raceway Comments 3 of8 --conditions. The impacts of the additional traffic for Home Depot and for projects not reflected in the old model need to be added to the traffic study. The need for additional mitigation must be assesed, possibly partially conditional upon the approval of the Home Depot and other key projects. 3. There is no indication that traffic mitigation planning has been coordinated with the neighboring cities-whose related short term traffic improvements are all assumed to be in place. The improvements shown on pages 7-19 and 7-20 include several in the City of Vista. Coordination between the cities on roadway projects has been problematic. The public needs some method of assuring that planned improvements will actually take place. Opening of the new roadways should be conditional upon all of these other referenced improvements being in place. 4. The extension of Melrose across city boundaries has been the focus of a lot of regional controversy. Numerous newspaper stories, thousands of postcards, and proposed boycotts of Carlsbad businesses all indicate a high level of regional concern about this roadway. While there has been a lot of pressure to put the roadway through there remains a lot of opposition to its extension-particularly from the adjacent residential neighborhoods. The MND did not identify the level of controversy about this roadway extension. This controversy should have resulted in more extensive analysis of alternatives-such as a reduced roadway configuration. 5. The short term future conditions should also have modeled the roadway network with no El Fuerte or Faraday extension, and just with no El Fuerte. It is not possible to assess the interrelated impacts of each of these projects unless adequate alternatives analysis is done. There are significant environmental impacts associated with the extension of the other two roadways so they should not be a;ssumed to be a done deal. 6. The 2020 build-out analysis should also have modeled Faraday terminating at El Fuerte, and with no El Fuerte extension. 7. Technically the project traffic volumes do not require freeway intersection analysis. However the failure of this city, and the other north c:ounty cities, to maintain any on-going cumulative impacts assessment for the associated freeway interchanges just keeps making a bad situation worse. There needs to be a point at which it is no longer ok to keep adding traffic because it just barely is below the threshold levels that require mitigation-all of the impacts on local freeway interchanges require mitigation and it is poor planning to pretend they can be ignored. 8. Table 10-1 in this report does not match 10-1 in the Palomar Forum report-although both claim to be based on the same source data and to include the same improvements. 9. There are several discrepancies between existing traffic volumes, and proposed mitigations as shown in this project and the nearby city of Vista Home Depot project. These discrepancies occur along the prime arterial (S. Melrose Dr) at major intersections. The Home Depot project adds a signal at Oakridge Way and Melrose Dr, which is not addressed in this project. Coordination of analysis and mitigations along this roadway is essential-and clearly has not taken place at this preliminary planning stage. (See Attachment A) 10. This project traffic study fails to even mention public transit, bicycle, or pedestrian improvements- all of which could be designed to mitigate the impacts of increased use of this area and reduce traffic. Instead of contributing to more roads these project should be providing funds for transit capital 10/4/01 10:2.5 PM 4of8 ay omments . • • improvements and on-goinr'°operating costs. SANDAG has prepared a long range transit improvement plan for the Palomar Airport Rd corridor. The findings from this should be integrated with all new projects in this corridor. Biological Resources We have very little left of our precious open space in north county-yet it remains a major attractant to residents and visitors, and is central to our quality of life. We southern californians love our outdoors- and we don't have a lot of it left. Addressing these concerns will result in a better project-one that preserves our quality of life, and assures adequate preservation of habitat for the native plants and animals. I. The construction of Poinsettia Road through to connect with Melrose bisects the proposed wildlife corridor. The open space that remains will only function as stepping stones for bird migration, and not as viable wildlife corridors. Providing a low elevation roadway across a wildlife corridor leads to a lot of roadkill-not to a healthy animal population. This constitutes a significant adverse impact which was not adequately addressed. The project should be conditional upon Poinsettia being reconfigured as a cul-de-sac. Stating that full paved roadways are required as part of the fire management plan is not an acceptable argument. Thousands of acres of land will be preserved in north county-and paved access roads are not required every few feet. Air tankers and buckets are used for fire suppression in these areas-and have a track record of success. The fire management program needs to be revised to reflect current planning to protect sensitive habitat-minimizing the use of roads. • 2. Additional field studies are required to adequately describe the existing biological resources and to assess project impacts. The biological studies were conducted over just a few weeks and failed to address normal seasonal variations. Trapping surveys need to be conducted for small mammals and bird surveys need to be conducted on a monthly basis to accurately describe avian utilization of the habitat. Specific surveys using established protocals are indicated for Arroyo southwestern toad, California red-legged frog, American peregrine falcon (there is a nesting pair just east of the site in Vista that forage on the site), and Least bell's vireo. Streams should also be sampled for any sensitive :fish species. The survey for the CCG is of particular concern-a three day sample in March does not constitute a representative survey for this sensitive species-especially when there are docum~nted sightings on essentially all of the adjacent properties .. • We conducted a field observation on August 31,200 I and found numerous examples of sensitive species that had not been identified in the official biological survey reports. (See attached map and notes.) A pair of Ca Coastal gnatcatchers were observed on site and potentially a third was heard. (See map locations # 5 and # 6.) • Mitigation for the sensitive species within the proposed area for development has not been addressed in the MND. Further mitigation is required. At a minimum this should include mitigation for the small patch of native grassland. 3. 0~ wildlife tracking surveys, under the expert supervision of the San Diego Tracking Team, have identified the presence of a resident bobcat in the area of the Melrose connector. Loss of the bobcat 10/4/0110:25 PM 5 of8 ~pulation in this area with ad.cent residential development will resull a significant decline in the bird population. The biological studies failed to mention the presence of bobcat and coyote and their impact on threatened species. Access to a large preserve space is required for the predator mammals that are essential to control feral cats who prey on the threatened and endangered bird species. Mitigation is required to assure that a viaQle predator population remains. Furthermore field observation makes it clear that the existing upland dirt roads that parallel the raceway in the proposed preserved areas along the riprian corridor are a veritable wildlife freeway. Bobcat, coyote, racoon, bird, lizard, and three snake trails were observed-with high volumes of recent use. The eastern end of this corridor is cut-off by Business Park Rd. There is connectivity to the core area on the western end-but the corridor is extremely constrained at the area marked# 12 on the map. This pinch point could be mitigated by integrating plantings on the slopes for the Vista industrial sites along this finger canyon. The area identified as a wildlife corridor marked # 11 on the map is along the power line easement, shows signs of prior clearing, and goes across the natural canyon-not a normal movement path for wildlife. This is a corridor that looks like a corridor on a piece of paper-but does not function as a viable corridor in the real world. 4. The planned extension of Melrose is a major bi-section of the existing regional wildlife corridor that extends from the San Marcos hills along Agua Hedionda Creek and then disperses along the creek, into the Calavera preserve, and to other connecting open space. The proposed 12' arch under Melrose is insufficient mitigation for the impacts to this major regional wildlife corridor without the introduction of dirt floor and some plant cover. There also needs to be provision for drainage -which is clearly not adequate in the existing culvert undercrossing. Furthermore the culvert design neds to specifically address the need for human as well as animal movement through this area. Employees in the local industrial businesses use this open space for recreation, and it is linked by long established informal trails to the core area to the northwest. Human access needs to be planned for so it occurs where it will have minimal adverse impact on sensitive plants and the wildlife corridors. 5. There is no provision for protection of the existing wildlife corridor during construction. Specific mitigation is required to minimize the adverse impacts to the wildlife that will be caused by this construction. 6. Approximately 77.2% of the parcel will be developed. While this is consistent with Carlsbad's draft HMP, it is not consistent with the standards of the draft regional MHCP. Wildlife corridors require a minimum 1,000 feet width with a pinch point of no less than 500' for a maximum length of 400'. Furthermore sensitive waterways require a minimum buffer of 100' from each bank. Neither of these criteria have been inet. The MND must provide for full compliance with the standards included in the MHCP. 7. Because this area is connected to a proposed large preserve core area, the MND needs to assess how the proposed development is integrated with preserve planning. This would include specifying site specific areas for mitigation, defining criteria for mitigation success, and corrective action, and funding for long term mitigation monitoring. None of this is addressed in the MND. 10/4/01 10:25 PM Revised Carlsbad Raceway Comments 6of8 • -8. There are six distinct s!itive vegetati-ve communities that will be impacted by this pr~ject. The proposed mitigation in most cases is replanted manufactured fill slopes. Such habitat offers little value for native wildlife, and is a poor substitute for what currently exists.· Direct impacts from grading include 9.6 acres ofDiegan Coastal Sage Scrub(DCSS) and 21.6 acres of Southern Mixed Chaparral. plus additional impacts to Freshwater Marsh, Southern Willow Scrub, and Mule Fat Scrub, non-native grassland, and a small patch of native grassland. The mitigation acreages fail to accurately account for the large amount of land within the proposed preserved area that is not currently supporting habitat-the extensive network of roads and trails-in some places 20' wide, and other areas degraded by the racecourse use. If these areas are to be included within the mitigation acreage then the mitigation plan needs to fully address the amount and location of this restoration or this acreage needs to be deducted. 9. The proposed mitigation does not take into account the reduced value of the remaining habitat. Reducing the area of habitat significantly reduces the value of the habitat. The proposed mitigation for DCSS at 2: 1 correctly assumes this is occupied habitat, but not all areas were mapped and accounted for and the chapparral is functioning as CCG habitat which was not factored in .. 10. The mitigation plan needs to specify site specific areas for mitigation, define criteria for success, identify funding mechanisms, and provide for corrective measures if mitigations fail to meet success criteria. The map titled Wetland and Upland Mitigation Areas does not address all of the mitigation • issues. For example, there are invasive plants (pampas grass) in the area marked 13 on the map. The mitigation plan needs to address the need to remove invasives and do some restoration work in the areas proposed for preservation. • 11. The area proposed for grading is poorly planned and does not take advantage of already disturbed areas but instead proposes to grade sensitive undisturbed habitat. Alternatives should include more sensitive site planning that place a higher regard on protection of the little that remains of undisturbed sensitive habitat. This should include the areas marked 1,2,3, and 4 on the map. 12. Wetlands impacts are specifically protected under the MHCP. The :MND fails to identify any effort to avoid wetlands impacts, and only when this is determined infeasible to propose mitigation for an adverse impact. Southern Willow Scrub has a poor success ratio for replanting. The mitigation ratio should therefor be increased to at least 3:1 with adequate monitoring to ensure success. 13. The MND needs to specify field monitoring that will ensure that grading is done consistent with permits with sanctions and penalties for non-compliance by contractors. Continuous on-site monitors may be required during grading to protect both natural and cultural resources. 14. Cumulative impacts for loss of sensitive habitat and the further fragmentation of critical habitats has been ignored and must be included in the :MND. 15. The payment of fees to the city of Carlsbad for non-native grassland mitigation and for a potential wildlife corridor under Palomar Airport Rd requires some assurances that the proposed work will be done, in a timely manner, with adequate public input. We are very pleased that the need for a Palomar Airport Rd wildlife undercrossing has been acknowledged. This is an important issue for regional wildlife movement between core habitat-and this location is a priority area of concern. However, paying fees toward a wildlife crossing is not the ·same .as 10/4/01 10:25 PM Kev1sea Lansoaa Kaceway Comments 7of8 ~uilding a wildlife crossing. c!bad does not have a good track record. using funds allocated for mitigation to actually complete the mitigation as planned. We are concerned that the same thing that happened with Mt Calavera could happen here-the city accepts funds, puts them in the bank, does no mitigation work for years, and then only does part of the work that was planned. There needs to be a control system in pl~ to assure that funds are spent in a way that really benefits wildlife movement-and habitat replacement. No grading permits should be issued until a detailed plan is in place. Penalties and sanctions should be inclcuded in the plan so that if the city fails to complete the work as planned there will be funds provided for another agency to direct the work. 16. The overall mitigation plan needs to address timing and sequencing of mitigation and construction. Prior case law requires that mitigation be in place before the habitat being mitigated is destroyed. The mitigation plan needs to address the restoration and improvement of the preserved area, relocation or mitigation for sensitive species on the area to be developed, and then the construction on the developed portions of the land that will destroy sensitive habitat. 17. Carlsbad has used all of their authorized take ofDCSS under the provisions of rule 4(d). The city is therefor not authorized to issue take permits, nor is any other agency allowed to authorize further take permits until approval of Carlsbad's HMP. Noise People and animals both need some level of peace and quiet to thrive. The proposed noise mitigations for this project need to address both. 1. Because of construction in nearby projects with impacted DCSS, there should be no impacts to DCSS during the Gnatcatcher breeding season. Blasting and extensive grading is proposed for the nearby Carlsbad Oaks North project. The disruption of normal movement and nest location is expected to be extreme from the combination of projects in this area. The Mitigated Negative Declaration fails to take into account the impacts of the combined projects that are all within the same linkages and stepping stone area of expected bird movement. Either a comprehensive/grading/noise impact schedule needs to be established for all of the projects in this area, or this project must restrict grading and construction activity during the breeding season. 2. The Mitigated Negative Declaration failed to adequately assess the impacts on the adjacent residential neighborhood in Vista, or the users of the industrial/commercial facilities that surround this site. The greatly increased traffic volumes on Melrose will impact the entire length of the roadway from I-78 south. Much more extensive analysis of impacts is required. 3. Noise testing needs to be done from the level of the residences which varies greatly along Melrose. Cultural Resources 1. We are concerned that this project, by making the known significant archeological site under the Vista portion of the Melrose roadway even more difficult to access, could lead to future loss of this site. We would like to see an independent review of the 1989 and 1999 RECON report to review alternatives to assure that this site has been best protected and documented. 2. There is no indication that there has been consultation with local representatives of the historical I0/4/01 10:25 PM Revtsed Carlsbad Raccwa:, -.. ~ ;..;,,1;.mts 8of8 -I - • . native american tribes. Tn al representatives need to be consulted and included in the mitigation management plan. 3. If during construction there is discovecy of human remains in the project area (Pursuant to Section 7050.5 of the Health and Safety Code, anc,l..Section 5097.94 or the Public Resources Code of the State of California), construction would need to coordinate with the San Diego .County and the Native American Heritage Commission to address the disposition of the human remains. Recreational 1. This area is connected by informal trails through to core areas up La Mirada Canyon to the north and east, and to the Caiavera preserve on the west. Employees of the other industrial parks in this area commonly use this space for hiking, biking, and picnicing before and after work and throughout the work day. These projects need 10 be designed to provide for separate outdoor areas for the industrial park users that help serve as buffers to the native habitat. There also needs to be planned access for such recreational use, while still protecting sensitive habitat and wildlife corridors. 2. A link of the regional trail network is planned through this area. Connecting trails will need to be provided to assure that "unplanned" ones don't develop on their own. Thank you for your consideration of these comments. We look forward to working with you to revise this project proposal so that we all end up with a project that is a benefit to this area-and not just a blight of more empty industrial pads, a·degraded lagoon and less native open space. Sincerely, /" ,(j;~ rty--c1· Diane Nygaard on behalf of Preserve Calavera Att:Map 10/4/01 10:25 PM , - 1 Corethrogyne sp. 2 Cordylanthus sp. Additional native plants ::hat were 8 East end, graded slope facinq ci Drive: Malosma laurina (laurel-su' (lemonadeberry); Quercus dumosa 3 >Adolphia californica -Ca. spinebush 4 >Quercus delmosa . 5 Pair of CCG landed on Adenbstema fasciculatum 9 S-facing slope of NE corner: Ad integrifolia, Malosma laurina, Sal Artemisia californica (coastal sag Lonicera sp. (honeysuckle); 6 Heard CCG .. -I 10-At East end of raceway, N-faci diversifolia (Summer holly) -rare (have photo) t ; . I • ... ·• ,., \ I ~~~-(\v~~-~--------• . ---~ ·;:~::~. -. "'<. -~ ·-- LEGEND . 'J DCSS Diegan coastal sage scrub Cd Summer Holly (Comarostapl SWS Southern willow scrub Ac California adolphia (Ado/phi MFS Mule fat scrub Qa Coast Live Oak (Quercus agr FWM Freshwater marsh Sc Ashy-spike moss (Selaginella SMC Southern mixed chapparal Age Del Mar manzanita (Arctosta NNG Non-nati~e grassland Pe Dot-seed Plantain (Plantago AG Agriculture Ce Owl's Clover (Castille}~ exse1 DIS 0istur-bed habitat/developed. -D .· Indicates disturbed habitat Wetland and Upland 1V CARLSBAD RAC oberved but not shown on old map:- rth, adjacent to Business Park .ac); Rhus integrafolia lphia californica, Rhus .ia mellifera (black sage), ), Nassella lepida (bunchgrass), g slope: Comarostaphylos shrub; several large specimens ! . ·-· .. _ . . -------....... ---·-·. ---=---= _.c.___;: ..... -los diversifolia) california) olia) ·inerascens) hylos glandulosa ssp. crassifolia) 11 "Wildlife Corridor" across canyon 12 Pinch point 13 Invasive plants-pampas grass Permanent Impacts 10/ t/0/ DN g . . ·: •: : .. : .:.: -::.~..:: : •• 1 ,· . . . , . .... ,· •. ·;:: ...... . ·, .,,;,~·k : ! • / d ;/ ·:! ·ecta) (potential qµino checkerspot butterfly hos~ plan.,__ 2) (potential quino checkerspot butterfly host pl~nt) Temporary Impacts to be Revege~ated .Area to Have Soil Broken Up and Seeded Potential Wetland Restoration Areas Streambed Restoration Area itigation Areas WAY 10 I 0( O'/J "" ~-~ . "·~- figure 2 p.c UNIVERSITY OF CALIFORNIA, SAN DIEGO UCSD BERKELEY • DAVIS • JRVJNE • LOS ANGELES • RlVERSJDE • SAN DIEGO • SAN FRANCISCO NATURAL RESERVE SYSTE:\1 9500 GILMAN DRIVE LA JOLLA. CALIFORNIA 92093-0116 October 5, 2001 Planning Commission City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Via Facsimile to: (760) 602-8559 Attn: Anne Hysong, Planning Department SANTA BARBARA• S,\NL\CRL7. TELEPHONE: (858J 534-~077 FAX (858) 534-7108 or 822-06% <!•mail. ikav(,'>>u1·sd.cdu Re: Carlsbad Raceway Business Park and Palomar Forum Business Park joint project hearing scheduled for October, 2001 (CASE NO. GPA 98- 05/LFMP 87-18(B)/CT 98-10/HDP98-09/PIP 01-01) Dear Commissioners: The University of California Natural Reserve System 0\\,11S and manages the Dawson-Los Monos Canyon Reserve ("Reserve"), that lies along the Aqua Hedionda Creek, at the eastern boundary of Carlsbad. It lies to the northwest of the Carlsbad Raceway parcel, connected to it by the high quality habitat on the Carlsbad Oaks North property. The Reserve has been identified as core, high quality habitat in the North San Diego County Multiple Species Conservation Plan (MHCP), and in the City of Carlsbad's Habitat Management Plan (HMP). The Dawson Reserve supports a wide range of habitats, from mature oak, sycamore and willow woodland along the creek, to mixed chaparral and coastal sage scrub. To date, the reserve has lost major components of the ecosystem due to isolation from large blocks of habitat inland, and habitat fragmentation, notably large animals, including golden eagle, mule deer, and mountain lion. We are, however, fortunate to still have several species at the highest trophic levels, including coyote, bobcat, fox, and many species of raptors. This is almost certainly because of the large areas of semi-natural land that are still available to individuals of these species, through connections to parcels of land beyond the relatively tiny 200 acres of the Dawson Reserve. The :p. City of Carlsbad has recognized the importance of such connections, and called them out in the core and linkage concept of the HMP. 111e two properties under consideration by the Commission for development approval contribute significantly to one of these connections: Linkage Area D connects the Reserve to extensive areas of natural open space through the Carlsbad Oaks North proposed industrial project, and Oct 08 01 03:29p p.3 • • thus to major core open space to the south, northeast, and east. Within the City of Vista to the north of the Raceway parcel is designated open space that also functions as habitat through these connections. j--.. ~ The current plans for the Carlsbad Raceway Business Park and Palomar Forum jeopardize the realization of a functional habitat preserve, as envisioned and planned by the residents of Carlsbad and the surrounding cities, by the resource agencies, and by City of Carlsbad staff. The remainder of this letter details the specifics of our concerns regarding this plan. 1. Need for a full Environmental Analysis The scope and impacts of the project certainly merit a full environmental analysis; a mitigated negative declaration is clearly inadequate. For instance, one of the exemptions sought by the applicant --to the grading limits of l0,000 cu yds of fill per acre acre is based on the assumption that the major arterial that they will be building for the public infrastructure, Melrose Drive, is the environmentally preferred alternative. This has not been determined, since an environmental analysis of alternatives has not been carried out. Furthermore, it is certain that these two projects combined and separately will have major impacts on the remaining open space in the area, with the resulting consequences, including habitat loss, stormwater runoff, air pollution, loss of dark skies, traffic congestion, degradation of· views, etc. However, except for traffic analysis, no cumulative impacts have been analyzed. We suggest that an equally wholistic approach be taken with other areas of potential significant impact, through the completion of a thorough Environmental lmpact Report. Although these two projects were superficially (and inconsistently) combined for impact analysis, there is not enough effort to look at the surrounding properties and their projected development and/or preservation as open space. The watershed (drainage of the Aqua Hedionda) as a whole should be the minimum area used for cumulative analysis. In addition, the degree to which the projects· comply with, and affect the preserv~ creation goals of, the HMP and MI;lCP should be presented. When this is done, to say that the project "conforms with .. " these plans will not be sufficient; a case needs to be made to support this contention, with precise and specific information, and clear-cut examples. In support of the application for the project approval the latest evidence provided to the interested public appears to be nothing more than the Environmental Impact Assessment Form (EIA) dated 3/28/96. 1f this is the case, it is certainly out of date. In any case, the following environmental factors will be subject to potentially significant impacts under the proposed projects; they should therefore have been checked (in addition to those that were) as "Potentially Significant Unless Mitigation Incorporated", or "Potentially Significant Impact", in the extended Environmental Impact Assessment form (pages 5-10), whether or not the impacts are mitigated: I. LAND USE AND PLANNING. d) Agricultural resources: agricultural land will be converted to industrial; C'bad Raceway comment 10/05/01 Page 2 of7 Oct 08 01 03:30p e) Disruption of the community: the introduction of more traffic and industrial area \Vil! exacerbate the division of south Carlsbad from north Carlsbad. Ill. GEOLOGIC PROBLEMS. f) significant changes in topography will accompany these projects; g) land subsidence is likely unless alluvial material is removed as mitigation. IV. WATER. There WILL be: a) changes in absorption rates, and the amount of surface runoff; b) exposure of people and property to flooding, both upstream and downstream; d) changes in the amount of surface water in the Aqua Hedionda Creek and Lagoon; ➔ h) impacts to groundwater quality (BMPs have been proposed to be incorporated as mitigation.) IV. AIR QUALITY. The projects as designed will likely: b) expose sensitive animals, plants, and humans to pollutants; c) alter air movement, moisture, and temperature locally due to hardscaping; d) create objectionable odor~ due to construction and industrial processes. In addition, there is no clear evidence that any measures other than circular reasoning have been undertaken to reduce the significant impacts of added aerosols to the San Diego Air Basin: just because the project lists the measures recommended by the final Master EIR for the city's update of the General Plan does not mean that any such measures have been incorporated. They are certainly not explicitly called out. Furthermore, the MEIR is no longer adequate as it is older than five years, and substantial changes have occurred in that time. VI. TRANSPORTATION AND CIRCULATION. The following should have been listed as having significant impacts due to the proposed projects: b) & e) hazards to safety of pedestrians, cyclists, and drivers due to the enhanced speeds allowed on roads of the width prescribed for business parks in Carlsbad. VII. BIOLOGICAL RESOURCES. The proposal would result in impacts to: b) Locally designated species (i.e. those called out as covered in the MHCP, including Quercus dumosa, Quercus agrifolia, Comarostaphylos diversifolia, Adolphia californica, Ferocactus viridescens, California gnatcatcher, Black-tailed jackrabbit, coyote, bobcat, Cooper's hawk, Black-shouldered kite, and possibly burrowing owl); this does not mean that other sensitive and target species will not also be significantly affected, just that the author is not a,vare of their status on the sites (e.g. particular herptiles, nocturnal animals, wet-season species, etc.) c) Locally. designated natural communities ( e.g. Coastal sage scrub, southern mixed chaparral, mixed (native and non-native) grassland) will be destroyed; The following resources will potentially be significantly impacted, in spite of the mitigation measures proposed, and should therefore be indicated as "Potentially Significant Impact": d) Wetland habitat: riparian habitats including southern willow scrub, baccharis scrub, oak woodland; and C'bad Raceway comment 10/05/01 Page 3 of7 p.4 Oct OB 01 03:30p p.5 • •• e) Wildlife dispersal or migration corridors: the designated wildlife habitat linkage Dis severely comp:r:omised by the plan as proposed. VIII. ENERGY AND MINERAL RESOURCES. a) Adopted energy conservation plans, such as those incorporated into the county-wide REGION2020 and others call for a different approach to growth, including more integrated communities, and fewer roads. b) Similarly, non-renewable resources, including petroleum and open space would be used in wasteful and inefficient manners by the mode of wholesale land recontouring to place l_ow buildings with large footprints, such as are envisioned on such sites. The developments as conceived in the proposed projects entail the continued development of Carlsbad using an outdated (30-year old) vision. There is no evidence that any of SANDA G's recommendations for "Smart Growth" are being incorporated. See, for example, their website describing goals and methods for more energy-efficient communities: http:/./v.•ww.sandag.org/whats_new/work_program/work_program_l05.html#l05.14 IX. HAZARDS. c) The development of the industrial parks will almost certainly lead to the importation of materials that pose a hazard to human and environmental health. These problems should be examined during this stage of the development process, since to wait until individual parcels are developed would be illegally piecemealing the project. The introduction of industrial processes, vehicle traffic, and thousands of individuals into an area of habitat that is highly flammable, and the resulting increased likelihood for fire is not discussed. XI. PUBLIC SERVICES. a) Fire protection: the reduced level of service that might be available if the lesser environmentally damaging projects are built are discussed in the document; the "potentially significant impact" column should have been checked. d) The need for indefinite maintenance of the infrastructures supporting these industrial parks, including roads, sewer, storm drains, street lighting, etc. could have a significant impact on the ability of the city's departments to provide adequate-service to their residents in the long-term. This item should have been checked as having at least a "Potentially significant impact." XII. UTILITIES AND SERVICE SYSTEMS. Sewer systems are identified as being impacted, albeit at a level deemed below significant. It is not clear why water treatment and distribution facilities (c) and stormwater drainage (e) are not impacted to the same degree. The latter is discussed in the document, but it is not evident that the_ measures proposed will mitigate the negative effects of the proposed projects. XII. AESTHETICS. The project will most likely have potentially significant impacts on all three categories listed (impairing scenic views; affecting aesthetics; and creating light and glare)· and should thus be recognized at that le".'el. XV. RECREATION. Contrary to the assessment ofNO SIGNIFICANT IMPACT given in the checklist, there WILL most likely be an increased demand for neighborhood or regional parks and other recreational facilities as a result of the projects: first, at least some portion of the employees of the business parks will reside in the city of Carlsbad or neighboring cities; second, there is a recognized need C'bad Raceway comment 10/05/01 Page 4 of7 Oct 08 01 03:3lp for recreational facilities in competitive business areas, as employees need to exercise or relax before, during, and after work. In addition, trails and paths that are offered as amenities by the business park will be used to access the open-space, thus requiring the development of a larger trail system. Finally, if bicycles are to be encouraged as a form of transportation in the area. the necessary facilities should likely be a recreational resource as well. a) The existing recreational opportunities afforded by natural open space (the chance to view wildlife; the enjoyment of open space; the ability to walk along a natural riparian corridor; etc.) will surely be negatively impacted by these projects. 2. Mitigation for habitat impacts a) Wetlands The area proposed for wetland mitigation is apparently planned for an area that is topologicall) unsuitable (i.e. it is upland, and not adjacent to existing wetland vegetation see Figure 3, Mitigation Areas, Carlsbad Raceway Project Mitigation Plan, Helix, 1998.) In addition, the 0.08 acres that are needed for mitigation for the Palomar Forum project are not included in existing plans. b) Coastal Sage Scrub Mitigation for Diegan coastal sage scrub includes 8.5 acres of seeding on manufactured (2: I) slopes. It is not clear that this will result in functional wildlife habitat, or that this is an adequate acreage for restoration, at I: I, since l 00% success is rare. Furthermore, there appears to be no plan for fire protection or setbacks from native vegetation, which should occur only in the development footprint and not in the designated mitigation area. c) Oaks There are no explicit plans for mitigating for the losses of oaks (Quercus agrifolia and Quercus dumosa) on either of the projects, in spite of the fact that oak woodland is to be conserved under the HMP. d) Overlooked species and occurrences It is not clear whether the ten Comarostaphylos to be transplanted include those NOT shown on the vegetation resources map: many locations of this and other species were overlooked. Examples: I. Comarostaphylos was observed on the north-facing slope at the east end of the dragstrip, but was not shown on the map. 2. Large clusters of Quercus dumosa to the west of the Comarostaphylos were not recorded on the map. 3. Quertus agrifolia individuals on the north-facing slope were apparently overlooked. 4. An area of Baccharis scrub in the center of the former circular racetrack was shO'-''Il as a bare, disturbed area. 5. It therefore appears that the applicant(s) are not be proposing sufficient mitigation for impacts to sensitive species and habitats. C'bad Raceway comment 10i05/0l Page 5 of7 p.6 Oct OB 01 03:32p • • e) Inadequate mitigation In addition, the remaining mitigation.proposed for impacts to Southern Mixed Chaparral, Non- native grassland, and the transection of the wildlife corridor by Poinsettia appear inadequate, for the following reasons: 1. $100,000 is not sufficient to construct a major bridge such as would be required. 2. NO land in the vicinity of Carlsbad can be purchased for 53,949 per acre, so this is inadequate ~tigation for impacts to non-native grassland; additionally, the targeted acquisitions need to be_identified as part of the mitigation proposal. 3. Similarly, land cannot be purchased for $7,897 per acre, as proposed for mitigation for chaparral, so this is also inadequate mitigation. Any such purchase alternative needs to identify the acquisition parcels prior to project approval. In general, the mitigation and monitoring plans need to be much more explicit and need to be made available for review by the public as part of the environmental review process that culminates in· City Council consideration, and should NOT be drawn up after the fact of public review. 3. Wildlife corridors The two parcels proposed for t~e Carlsbad Raceway and Palomar Forum projects make up the northern portion of linkage area D, as described in the HMP. According to that document (p. D- 6) "The·northern section of this link.age includes the disturbed area near the Carlsbad Raceway that should be evaluated for potential restoration. This section shou!d be a moderatelv effective corridor for birds and mammals." However, as proposed the corridor is not only quite narrow (less than 400 feet wide in some areas), but it is completely tral}.Sected by roads in two places. Most noticeable is the obstacle created by 'placing Melrose Drfve on fill across the northwest corner of the Raceway site. The wildlife undercrossing proposed appears to be a culvert that is 180 feet long, 12 feet high, and 5-20 feet wide. A bridge would provide a far superior solution to the problem, and should be studied as a real alternative. (N.B. It is almost impos~ible to • • visualize either of these with the plans provided, as they are so reduced as to be unreadable.) The Poinsettia (aka Street B) Avenue ~lignment also cuts across the wildlife corridor, rendering it another "sink" for non-flying wildlife, where inevitab_le deaths will eventually have a negative impact on the population at large. There are numerous studies and publications on the issue of habitat linkages and corridors, and the degrees to which various configurations (bridges, culverts, etc.) are successful. Please contact my office if you do not already have copies of these references for the Planning Commission before the hearing. 4. Circulation "The project, upon ultimate development, will produce a potentially significant impact of increased vehicle trips or traffic congestion unless mitigation is incorporated." (p. 15, EIA). The . mitigation proposed is to complete all the planned roads in the area. It has not yet been dedded C'bad Raceway comment 10/05/01 Page 6 o~7 Uct Ut:I U.1 03::d:dp e whether these projects (Faraday, EI Fuerte, etc.) should be constructed. Therefore there appears to be a very real need for a thorough alternatives analysis, in the form of an Environmental Impact Report. , - p.8 This section of the document also presents unsubstantiated conclusions that fly in the face of current evidence to the contrary, i.e. that building more roads eases congestion and encourages alternative forms of transportation: "The additional roadways (Melrose. Poinsettia, and Faraday) and capacity (Palomar Airport Road) will ... reduce conflict on roadways, and facilitate alternate modes of transportation." Finally, the justification for using the 1994 MEIR to allow the "Statement of Overriding Considerations" to ·stand is that " ... no substantial changes have occurred with respect to the circumstances under which the MEIR was certified ... " and that'· ... there is no new available information which was not known and could not have been known at the time the MEIR was certified." In light of the construction and occupation of major business and residential projects in Carlsbad and the neighboring cities, and the major increase in long-distance commuters in the past 5 years on San Diego's freeways, these statements should be re-examined. 5. Hydrology The proposal to use the wildlife corridor/riparian restoration site as a detention basin is ill- conceived. This very same concept has been rejected during preliminary reviews of the Carlsbad Oaks North development plans, and should not be used here. Detention basins intended to mitigate for the runoff created or exacerbated by a development project need to be located completely within the development footprint, not within areas designated as habitat preserve, and certainly not across the mouth of the designated regionally-significant wildlife passage. Thank you for your consideration of these points. These projects can be developed as assets or as detriments to the City of Carlsbad and the region, and it is your decisions that will make the difference. Sincerely,. ~?- Manager, Dawson-Los Monos Canyon Reserve cc: USFWS CDFG Preserve Calavera C'bad Raceway comment 10/05/01 • Page 7 of7 ~ct OB 01 03:29p p.l • • UNIVERSITY OF CALIFOR.i'ilA, SAN DIEGO UCSD BERKELEY • D,WIS • IKVINE • LOS ANGELES • RIVERSIDE • SAN DIEGO • SAN FRANCISCO SA!'ITA BARBARA • SA!l-'TA CRUZ --··· --- Natural Reserve System Phone: (858) 534-207i 9500 Gilman Dr. Fax: (858) 822-0696 La Jolla, CA 92093-0116 ikay@ucsd.ecu FACSIMILE COVERSHEET To: Ann Hysong Affiliation: City of Carlsbad, Planning Dept. Fax: (760) 602-8559 Phone: __________ _ Date: 10.8.01 Number of pages (including this one): 8 From: Isabelle Kav .. Affiliation: UCSD Natural Reserve System Fax: (858) 822-0696 Phone: (858)-534-2077 Com·ments: ~~ . Since 30 days from t/ie date of the release of the Mitigated Negaiive Declaration for the Carlsbad Raceway and Palomar Forum projects seems to have been last • Saturday, I am assuming that it is okay to send this comment letter in to you today. Please call to let me know you've received it, and if you have any questions, or if you cannot accept it. Regards, Isabelle A,,(\ -:r:',.-,,, 'a?-~-7:J -ff,.e_ ~ ~ ~--h, tJ._ ~rA,-~. :::IT~ ~ • -Department of Toxic Substances Control Winston H. Hickox Agency Secretary California Environmental Protection Agency September 20, 2001 Ms. Anne Hysong City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Edwin F. Lowry, Director 5796 Corporate Avenue Cypress, California 90630 NEGATIVE DECLARATION FOR THE CARLSBAD RACEWAY BUSINESS PARK- CT 98-10 -(sch# 2001071072) Dear Ms. Hysong: The Department of Toxic Substances Control (DTSC) has received your Negative Declaration (ND) for the above-mentioned Project. Based on the review of the document, DTSC's comments are as follows: 1) The ND needs to identify and determine whether current or historic uses have resulted in any release of hazardous wastes/substances at the site. Gray Davis Governor 2) The ND needs to identify any known or potentially contaminated sites within the proposed Project area. For all identified sites, the ND needs to evaluate whether conditions at the site pose a threat to human health or the environment. 3) The ND should identify the mechanism to initiate any required investigation and/or remediation for any site that may require remediation and the government agency to provide appropriate regulatory oversight. 4) Since a significant hazard to the public may be associated with future uses of the site, potential uses and storage of hazardous materials should be addressed in the· ND. A hazardous materials storage permit may be required from an appropriate regulatory agency that has jurisdiction to regulate hazardous substances handling, storage, treatment and/or disposal. Contact the Certified Unified Program Agency (CUPA) to evaluate the permit requirements. 5) Since a significant hazardous impact is expected, the potential exists for the inadvertent release of hazardous materials from the future uses and storage of hazardous material. It should be addressed in detail in the ND. The energy challenge facing California is· real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy costs, see our Web-site at www.dtsc.ca.gov. ® Printed on Recycled Paper Ms. Anne Hysong Septem~er 20, 2001 Page 2 • • 6) The ND indicates that some areas within the proposed property may be affected by contamination from previous and current uses of former heavy equipment storage, ASTs, agriculture chemical residue, 55-gallon drums, Total Petroleum Hydrocarbons (TPH), and Polychlorinated Biphenyl (PCB) . .Any hazardous wastes/materials encountered during construction should be remediated in accordance with local, state, and federal regulations. Prior to initiating any construction activities, an environmental assessment should be conducted to determine if a release of hazardous wastes/substances exists at the site. If so, further studies should be carried out to delineate the nature and extent of the contamination. Also, it is necessary to estimate the potential threat to public he;3lth and/or the environment posed by the site. It may be necessary to determine if an expedited response action is required to reduce existing or potential threats to public health or the environment. Because of a non- immediate threat, the final remedy should be implemented in compliance with state regulations and policies rather than excavation of soil prior to any assessments. 7) ·The project construction may require soil excavation and soil filling in certain areas. Appropriate sampling is required prior to disposal of the excavated soil. If the soil is contaminated, properly dispose of it rather than placing it in another location. Land Disposal Restrictions (LDRs) may be applicable to these soils. Also, if the project is planning to import soil to backfill the areas excavated, proper sampling should be conducted to make sure that the imported soil is free of contamination. 8) The ND indicates that the contaminated soil at property will be paved with asphalt parking lots and roadways. Indicate whether this option is approved by a regulatory agency as a remedial alternative. Otherwise, appropriate environmental studies should be conducted and the approval should be obtained from a regulatory agency to implement this alternative. If capping is the preferred remedial alternative, appropriate institutional controls such as a "deed restriction" should be placed on the property with the County Recorder's Office so that any future soil disturbance could be eliminated. Also, the integrity of the cap should be maintained. Therefore, an operation._ and maintenance plan should be implemented as a condition of approval of this ND. 9) The ND fails to address the remainder of the Hazards section checklist of the California Environmental Quality Act (CEQA) whlch includes the following questions: • Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? • Would the project ~e located on ·a site which is included on a list of Ms. Anne Hysong September 20, 2001 Page 3 • • hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? • For a project within an airport land use plan or, where such a plan 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? 10) If during construction of the project, soil and/or groundwater contamination is suspected, suspend construction in the area and implement appropriate Health and Safety procedures. If it is determined that contaminated soil and/or groundwater exist, the ND should identify how any required investigation and/or remediation will be conducted and which government agency will provide appropriate regulatory over~ight. DTSC provides guidance for Preliminary Endangerment Assessment (PEA) preparation and cleanup oversight through the Voluntary Cleanup Program (VCP). Also, DTSC is administering the $85 million Cleanup Loans and Environmental Assistance to Neighborhoods (CLEAN), which provides low-interest loans to investigate and clean up hazardous materials at propertie_s where redevelopment is likely to have a beneficial impact to a community. The CLEAN program is comprised of two main components: low interest loans of up to $100,000 to conduct PEAs of underutilized properties, and loans of up to $2.5 million for the cleanup or removal of hazardous materials also at underutilized urban properties. These loans are available to developers, businesses, schools, and local governments. For additional information on the VCP or CLEAN program, please visit DTSC's web site at www.dtsc.ca.gov. If you would like to meet and discuss this matter further, please contact Ms. Rania A. Zabaneh, Project Manager at (714) 484-5479. Sincere:,. dJL -1~/4 Haissam Y. Salloum, P.E. Unit Chief Southern California. Cleanup Operations Branch Cypress Office cc: see next page Ms. Anne Hysong September 20, 2001 Page4 • cc: Governor's Office of Planning and Research State Clearinghouse P.O. Box 3044 Sacramento, California 95812-3044 Mr. Guenther W. Moskat, Chief Planning and Environmental Analysis Section CEQA Tracking Center Department of Toxic Substances Control P.O. Box 806 Sacramento, California 95812-0806 • -i , I