Loading...
HomeMy WebLinkAbout2008-10-15; Planning Commission; ; GPA 07-01|ZC 07-01|LCPA 07-01|SP 07-01|PDP 01I|SDP 07-01|CDP 07-03 - CARLSBAD ENCINA AUTO PLAZAThe City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: October 15, 2008 ltemNo. G) Application complete date: NI A Project Planner: Van Lynch Project Engineer: Tecla Levy SUBJECT: GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/ PDP 01(1)/SDP 07-01/ CDP 07- 03 -CARLSBAD ENCINA AUTO PLAZA -A recommendation of denial to the City Council of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum; a recommendation of denial for a General Plan Amendment to change the General Plan Land Use designation from Planned Industrial/Office to Regional Commercial and Public Utilities, a Zone Change from Planned Industrial/Office to General Commercial and Public Utility, a Local Coastal Program Amendment, a Specific Plan, a Precise Development Plan Amendment, and a Coastal Development Permit and denial of a Site Development Plan 07-01 to develop a 28.3-acre parcel into four separate parcels for the development of an automotive and other motor vehicles sales facility and a public utility use located on the east side of A venida Encinas between Palomar Airport Road and Poinsettia Lane in Local Facilities Management Zone 22. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6496 RECOMMENDING DENIAL of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and Addendum, General Plan Amendment GPA 07-01, Zone Change ZC 07-01, Local Coastal Program Amendment LCP A 07-01, Specific Plan SP 07-01, Precise Development Plan Amendment PDP 0l(I), and Coastal Development Permit CDP 07-03 and ADOPT Planning Commission Resolution No. 6497 DENYING Site Development Plan SDP 07-01 based on the findings contained therein. II. BACKGROUND The Planning Commissio.n held a public hearing on this item on September 3, 2008. After receiving the Staff Report and listening to the applicant's presentation, and public testimony, the Planning Commission continued the item to September 17, 2008 to allow time for staff to respond to questions from the Planning Commission. On September 1 7, 2008, the Planning Commission received additional information from the staff and applicant and additional public testimony. The Planning Commission voted 4-3 (Boddy, Douglas, Dominguez & Montgomery) to oppose the recommendation of approval of the Carlsbad Encina Auto Plaza Specific Plan SP 07-01 and associated. legislative and adjudicatory permit applications. The Planning Commission directed staff to return with resolutions recommending denial of the Carlsbad Encina Auto Plaza Specific Plan project and denying Site Development Plan SDP 07-01. The attached resolutions were prepared to implement the Planning Commission's action. GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/ PDP 0l(I)/SDP 07-01/ CDP 07-03 -CARLSBAD ENCINA AUTO PLAZA October 15, 2008 Pa e2 ATTACHMENTS 1. Planning Commission Resolution No. 6496 • 2. Planning Commission Resolution No. 6497 3. September 17, 2008, Staff Report The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: September 17, 2008 ItemNo. G) Application complete date: NI A Project Planner: Van Lynch Project Engineer: Tecla Levy . SUBJECT: GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/ PDP 01(1)/SDP 07-01/ CDP 07- 03 -CARLSBAD ENCINA AUTO PLAZA -Request for a recommendation of adoption of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum; a recommendation of approval for a General Plan Amendment to change the General Plan Land Use designation from Planned Industrial/Office to Regional Commercial and Public Utilities, a Zone Change from Planned Industrial/Office to General Commercial and Public Utility, a Local Coastal Program Amendment, a Specific Plan, a Precise Development Plan Amendment, and a Coastal Development Permit and approval of a Site Development Plan to develop a 28.3-acre parcel into four separate parcels for the development of an automotive and other motor vehicles sales facility and a public utility use located on the east side of A venida Encinas between Palomar Airport Road and Poinsettia Lane in Local Facilities Management Zone 22. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6445 • RECOMMENDING ADOPTION of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and Addendum and ADOPT Planning Commission Resolutions No. 6444, 6446, 6447, 6448, 6449, 6450 and 6451 RECOMMENDING APPROVAL of General Plan Amendment 07-01, Zone Change 07-01, Local Coastal Program Amendment 07-01, Specific Plan 07-0 I, Precise Development Plan Amendment O I (I), and Coastal Development Permit 07-03 and ADOPT Planning Commission Resolution No. 6450 APPROVING Site Development Plan 07-01, based on the findings and subject to the conditions contained therein. II. INTRODUCTION The Carlsbad Encina Auto Plaza project was presented to the Planning Commission with a recommendation of approval on September 3, 2008. At the hearing, Planning Commission and surrounding neighbors had concerns about the project's potential impacts with the surrounding residential neighborhood and the hearing item was continued to September 17, 2008 to allow time for the applicant to work with staff to address issues raised at the public hearing. Staff continues to recommend approval of the project. III. PROJECT DESCRIPTION AND BACKGROUND The applicant proposed development of an automobile sales facility on property located on Avenida Encinas and owned by the Encina Wastewater Authority. At the public hearing, the Planning Commission and the surrounding neighbors expressed concerns regarding the project's potential impacts of light and noise generated by the project. Other items of concern were if' .,..+;' GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/ PDP 0l(I)/SDP 07-01/ CDP 07-03 -CARLSBAD ENCINA AUTO PLAZA September 17, 2008 Pae 2 landscaping, hours of operation, traffic comparison between existing Planned Industrial/Office land use and proposed Regional Commercial Land Use, applicability of conditions on the remainder parcel, the street improvements for the westerly side of A venida Encinas, and traffic incident reports. The Planning Commission directed the applicant to work with Planning Staff to address the issues presented. The Planning Commission specifically identified the following items that were to be addressed: • Lighting and lighting analysis. The project applicant is proposing to limit the use of primary outdoor site lighting to 9:00PM. After 9:00 PM, only 50 % and only low pressure sodium lights will be used to illuminate the site to meet safety requirements. An Outdoor Lighting Compliance survey was completed for the project and has been updated to include the Audi dealership as it was previously shown as an expansion area. The lighting study shows that site lighting will be contained onsite and will not exceed 2.5 foot-candles on neighboring properties across Avenida Encinas. The project proposes light stanchions with a height of 20 feet. The lighting fixtures have an internal reflector and shielding devise which directs the light as it leaves the fixture. The lighting pattern can be designed to fill a particular area and not have light spill off-site. A detail of a similar type of fixture is attached to this report. The final light fixture will be selected at the construction phase and designed to meet the performance criteria of the Specific Plan and as identified in the Outdoor Lighting Compliance Survey. • Noise. The Planning Commission recommended that the project be reviewed for potential noise sources. The project has the potential to generate noise in many ways. Onsite repair and maintenance of autos within buildings, carwash facilities, deliveries of vehicles, refuse pick-up, and vehicle trips generated by the project are potential noise sources. The applicant states that an exterior intercom system will not be utilized for the project and has been precluded in the Specific Plan. The noise analysis shows that the noise generated by the site does not exceed 54.2 dBa Ldn at the property line, which is below the standard of 65 dBa Ldn. • Landscaping. The project has been reviewed by the City of Carlsbad's landscape consultant for compliance with the Landscape Manual. The requisite number of 1 tree per 4 parking stalls has been provided. The new car inventory locations and in-service parking site have not been required to provide trees within the parking lots, but have trees within landscape strips surrounding the parking areas. This and the thin nature of palms may give the appearance of the landscaping looking sparse on the plans. The Specific Plan provides a broad plant palette for future use and the landscape plans proposed were developed within the standards of the Specific Plan. For example, if another manufacturer prefers not to have queen palms or a certain plant species they have the ability to pick and choose GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/ PDP 01(1)/SDP 07-01/ CDP 07-03 -CARLSBAD ENCINA AUTO PLAZA September 17, 2008 Pae 3 a different species from the approved plant palette. This allows future flexibility while ensuring that the integrity of the overall concepts is properly implemented throughout all stages of the project's life. • Hours of Operation. The applicant plans to operate regular business to. 9:00PM. After 9:00PM, there may only be interior office related work being performed. A specific start time has not been provided. The project may also need to be serviced by custodial services during the non-business hours. The applicant states that vehicle delivery will only occur during business hours as employees must be present to inspect and accept delivery of vehicles. There is a possibility, because of traffic delays or other factors beyond the control of the operator, that vehicle delivery may arrive late. • Traffic comparison between existing PI/0 Land Use and proposed project. The Zone 22 Local Facilities Management Plan (LFMP) anticipated 346,302 square feet of Office development. The ADT generation rate for Office is 20 trips per 1000 square feet of development which results in 6,926 ADT. The proposed auto dealership project will generate 10,876 ADT (50 trips per 1,000 square feet) which results in a net increase of 3,950 ADT. The trip distribution is similar to the distribution anticipated in the LFMP. The peak hour traffic for the project (544 AM and 870 PM) is not similar to an Office project. Office project traffic has greater peak traffic in the AM and PM (1,293 and 1,200 respectively), traditional work traffic patterns, whereas auto dealership traffic is distributed more throughout the day. • Remainder Parcel. Per the State Subdivision Map Act and Carlsbad Municipal Code Section 20.04.120: Designated remainder parcel: (a) When a subdivision, as defined in Section 20.04.020, is of a portion of any unit or units of improved or unimproved land, the subdivider may designate as a remainder that portion which is not divided for the purpose of sale, lease, or financing. Alternatively, the subdivider may omit entirely that portion of any unit of improved or unimproved land which is not divided for the purpose of sale, lease, or financing. If the subdivider elects to designate a remainder or omit entirely that portion, the following requirements shall apply: (1) The designated remainder or omitted portion shall not be counted as a parcel for the purpose of determining whether a parcel or final map is required. (2) The fulfillment of construction requirements for improvements, including the payment of fees associated with any deferred improvements, shall not be reql;lired until a permit or other grant of approval for development of the remainder or omitted parcel is issued. Fulfillment of the construction requirements, including the payment of fees associated with any deferred improvements, within a reasonable time following approval of the final map and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel may be required upon a finding by the city council that fulfillment of the construction requirements is necessary for reasons of: (A) The public health and safety; or (B) The required construction is a necessary prerequisite to the orderly development of the GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/ PDP 01(1)/SDP 07-01/ CDP 07-03 -CARLSBAD ENCINA AUTO PLAZA September 17, 2008 Pa e4 surrounding area. (b) A designated remainder or any omitted parcel is required to obtain a certificate of compliance or conditional certificate of compliance pursuant to the provisions of Chapter 20.48 of this code prior to any further development of the parcel. Prior to the issuance of a certificate of compliance or conditional certificate of compliance, the city engineer shall make a determination under Section 20.16.040(h) of this code whether improvements should be required for the designated remainder or omitted parcel. The improvement requirements may be imposed as ·a condition of the certificate of compliance. For the purposes of this title, a parcel designated as "not a part" shall be deemed to be a designated remainder parcel. (Ord. NS-813 § 5, 2006: Ord. 9806 § 2, 1986; Ord. 9549 § 1 (part), 1980). The remainder parcel is owned by EWA and is not included within the lease area of the proposed auto dealerships. Kevin Hardy at EWA states there is not enough time for EWA, which has . member agencies that would have to vote on the proposal, to make a decision to volunteer to do the curb, gutter, and sidewalk improvements. The applicant has stated that the developer (Hoehn) will build full width asphaltic concrete pavement and the project Minor Subdivision will be conditioned to provide the improvement. • Street improvement on westerly side of A venida Encinas. The City's Capital Improvement Program includes a project to improve with curb, gutter, and sidewalk the westerly side of A venida Encinas from the Poinsettia Coaster Station north to the existing fully improved street section. The estimated completion date is in 2013. • Traffic accident reports for A venida Encinas. .. t;;,4;;:Rep9red Midbloclfffr*(i19:<::911isions. on A venida Encinas.· ... {1,000 feet'n/0Tr~s1(Center Drivi~~tf~(),),000 feet e/o TransitCenterDriveway) , Jail ... ,1;2003 thioit JUI 31;2008 1. 10/2/04@ 3:59 pm; Exceeding Safe Speed; 23 year old car salesman driving on test drive traveling northbound lost control; ran off road; car rolled over; two injured; (227 feet n/o Transit Center driveway). 2. 5/15/05 @ 7:25 pm; Exceeding Safe Speed; 25 year old male traveling southbound ( eastbound) lost control; ran off road; car rolled over; one injured; (between Embarcadero Lane (West) & Transit Center driveway). 3. 8/11/05@ 8:30 pm; Driving While Intoxicated/Improper Turning/Inattention; 56 year old male traveling southbound ( eastbound); hit a parked car on west side of A venida Encinas; one injured; ( 468 feet n/o Embarcadero Lane (South)). 4. 4/15/08 @ 6:44 pm; Driving While Intoxicated/Exceeding Safe Speed; 28 year old male traveling southbound lost control; collided with a telephone pole; two injured & one killed; (162.63 feet n/o Transit Center driveway). GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/ PDP 01(1)/SDP 07-01/ CDP 07-03 -CARLSBAD ENCINA AUTO PLAZA September 17, 2008 Pae 5 In summary, the project compiles with the development and performance standards of the city and staff continues to recommend approval of the project. An errata sheet and EIA addendum have been prepared and are attached to this report. ATTACHMENTS: 1. Errata sheet dated September 17, 2008 2. Addendum to EIA Part II -GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/ PDP 01(1)/SDP 07-01/ CDP 07-03 -CARLSBAD ENCINA AUTO PLAZA 3. Staff Report to the Planning Commission dated September 3, 2008, with attachments 4. Outdoor Lighting Compliance Survey, Hoehn Carlsbad-Encina Auto Plaza, Investigative Science and Engineering, September 10, 2008 (Revised). 5. Acoustical Site Assessment, Hoehn Carlsbad-Encina Auto Plaza, Investigative Science and Engineering, September 10, 2008 (Revised). September 17, 2008 TO: FROM: PLANNING COMMISSION SENIOR PLANNER ITEM #2 RE: ERRATA SHEET FOR GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/ PDP 01 (I)/SDP 07-01/ CDP 07-03 -CARLSBAD ENCi NA AUTO PLAZA The recommendation of the staff report is revised as follows: That the Planning Commission ADOPT Planning Commission Resolution No. 6445 RECOMMENDING ADOPTION of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and addendum and ADOPT Planning Commission Resolutions No. 6444, 6446, 6447, 6448, 6449, 6450 and 6451 RECOMMENDING APPROVAL of General Plan Amendment 07-01, Zone Change 07-01, Local Coastal Program Amendment 07-01, Specific Plan 07-01, Precise Development Plan Amendment 01 (I), and Coastal Development Permit 07- 03 and ADOPT Planning Commission Resolution No. 6450 APPROVING Site Development Plan 07-01, based on the findings and subject to the conditions contained therein. Revise Planning Commission Resolution Number 6445 to revise the title as follows: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATIONJ. ANG MITIGATION MONITORING AND REPORTING PROGRAM, AND ADDENDUM FOR A GENERAL PLAN AMENDMENT TO CHANGE THE GENERAL PLAN LAND USE FROM PLANNED INDUSTRIAL/OFFICE TO REGIONAL COMMERCIAL AND PUBLIC UTILITIES, A ZONE CHANGE FROM PLANNED INDUSTRIAL/OFFICE TO GENERAL COMMERCIAL AND PUBLIC UTILITY AND RECOMMENDING APPROVAL OF A LOCAL COASTAL PROGRAM AMENDMENT, A SPECIFIC PLAN, A PRECISE DEVELOPMENT PLAN AMENDMENT, A SITE DEVELOPMENT PLAN, AND A COASTAL DEVELOPMENT PERMIT TO DEVELOP A 28.3- ACRE PARCEL INTO FOUR SEPARATE PARCELS FOR AN AUTOMOTIVE AND OTHER MOTOR VEHICLE SALES FACILITY LOCATED ON THE EAST SIDE OF AVENIDA ENCINAS BETWEEN PALOMAR AIRPORT ROAD AND POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 22. Revise the Specific Plan, Exhibit SP 07-01, as follows: Page 4-7, Section 4.11, Outdoor lighting: To reduce the projects off-site impacts, fifty (50) percent of all outdoor lights shall be turned off after 9:00 40-00 p.m. Any revisions to an approved exterior lighting plan shall require review and approval by the Planning Director. Page 4-6, Section 4.9, Paging system, Outdoor sound systems for music and/or for paging shall be designed to minimize noise nuisance to adjoining properties and shall not impact ERRATA SHEET FOR GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/ PDP 01 (I)/SDP 07-01/ CDP 07-03-CARLSBAD ENCINA AUTO PLAZA September 17, 2008 Pae 2 adjacent neighbors. Speakers shall be spaced to minimize sound levels and orientated away from adjoining properties and shall not exceed a decibel level of 3 DB's over ambient noise level. Upon completion of construction,· the outdoor sound system shall be tested for noise and where necessary it shall be adjusted to the satisfaction of the Planning Director. Revise condition number 20 of Planning Commission Resolution No. 6450 (SOP 07-01) as follows: Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. Prior to Certificate of Occupancy, an outdoor lighting compliance report identifying that the exterior lighting meets the design criteria of the Carlsbad Encina Auto Plaza Specific Plan (SP 07-01) and complies with the findings/recommendations of the Outdoor Lighting Compliance Survey, Hoehn Carlsbad-Encina Auto Plaza, Carlsbad CA, Investigative Science and Engineering, Inc .. dated September 10. 2008 (Revised) shall be submitted to the Planning Director. Any revisions proposed to an approved exterior lighting plan shall require review and approval by the Planning Director. VAN LYNCH VL Addendum to EIA part II-GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/ PDP 0l(I)/SDP 07-01/ CDP 07-03 -CARLSBAD ENCINA AUTO PLAZA This project discussion regarding new sources of light and glare is being added as additional information to fup:her define the project and related potential impacts. The project is proposing the use of 20-foot tall pole type light standards having a maximum output of 68,000 lumens per source for the illumination of the auto dealership parking lot. Lighting for the roof level of parking structures will use bollards or lighting attached to the parapet walls. The lights proposed are metallic vapor and quartz variety (no fluorescent arm type fixtures). The maximum illumination is limited to 50 foot- candles recorded at a level of 36 inches above ground level. No pole lights are above a ninety (90) degree angle to prevent light spillage off-site. Flood lamps or uplight illumination mounted at ground level for lighting cars, architectural features of the building or landscaping is also proposed. The Carlsbad Encina Auto Plaza Specific Plan allows uplighting if it is concealed and if lighting is not glaring or objectionable when viewed from adjacent streets or property. The Specific plan also requires that 50% of all outdoor lights be turned off after 9:00 PM. The lighting study shows that light levels will not exceed 3 foot-candles on adjacent properties. Existing street lights along A venida Encinas produce values reaching IO foot-candles directly below the source. The baseline outdoor illumination conditions sans any development would average roughly 3 to 5 foot- candles. As conditioned, an exterior lighting plan shall be prepared. The exterior lighting plan must be approved by the Planning Director prior to building permit issuance and any modification to the lighting plan shall require review and approval by the Planning Director. The Outdoor Lighting Compliance Survey, Hoehn Carlsbad-Encina Auto Plaza Carlsbad CA, Investigative Science and Engineering, Inc, dated September 2008 has been updated to include the lighting details of the Audi dealership which was previously identified as Planning Area 3 as a potential site for another auto dealership. In light of the whole record, the additional information does not revise the project description and no new mitigation measures or project revisions are required for the project. The expanded information is neither the result of new significant environmental effects nor the increase in the severity of previously identified significant effects. The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: September 3, 2008 ItemNo. 0 Application complete date: September 3, 2008 Project Planner: Van Lynch Project Engineer: Tecla Levy SUBJECT: GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/ PDP 01(1)/SDP 07-01/ CDP 07- 03 -CARLSBAD EN CINA AUTO PLAZA -Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; a recommendation of approval for a General Plan Amendment to change the General Plan Land Use designation from Planned Industrial/Office to Regional Commercial and Public Utilities, a Zone Change from Planned Industrial/Office to General Commercial and Public Utility, a Local Coastal Program Amendment, a Specific Plan, a Precise Development Plan Amendment, and a Coastal Development Permit and approval of a Site Development Plan to develop a 28.3-acre parcel into four separate parcels for the development of an automotive and other motor vehicles sales facility and a public utility use located on the east side of A venida Encinas between Palomar Airport Road and Poinsettia Lane in Local Facilities Management Zone 22. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6445 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and ADOPT Planning Commission Resolutions No. 6444, 6446, 6447, 6448, 6449, 6450 and 6451 RECOMMENDING APPROVAL of General Plan Amendment 07-01, Zone Change 07-01, Local Coastal Program Amendment 07-01, Specific Plan 07-01, Precise Development Plan Amendment 01(1), and Coastal Development Permit 07- 03 and ADOPT Planning Commission Resolution No. 6450 APPROVING Site Development Plan 07-01, based on the findings and subject to the conditions contained therein. II. INTRODUCTION The 28.3-acre project site is located on the east side of Avenida Encinas between Palomar Airport Road and Poinsettia Lane, southerly of the Encina Water Pollution Control Facility (EWPCF). The proposed project consists of a General Plan Amendment to the Land Use Element to change the land use designation from Planned Industrial/Office (PI/O) to Regional Commercial (R) and Public Utilities (U) and a Zone Change to rezone the property from Planned Industrial/Office (PM/O) to General Commercial (C-2) and Public Utility (PU) to allow the development of a automotive sales facility. A Local Coastal Program Amendment is required to; 1) amend the LCP Land Use Map to be consistent with the proposed General Plan Amendment, 2) amend the LCP Zoning Map to be consistent with the proposed Zoning designations, and 3) adopt the Specific Plan as the implementing ordinance of the LCP. The Specific Plan is proposed to regulate the uses of the commercial zoning to automotive and other motor vehicle sales and related service uses. The Precise Development Plan Amendment is required for the l' . ., GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/PDP 01(1)/SDP 07-01/CDP 07-03 -CARLSBAD ENCINA AUTO PLAZA September 3, 2008 Pae 2 existing EWPCF improvements which were previously approved under a Conditional Use Permit. The SDP, which is required by the Specific Plan, and Coastal Development Permit entitle the proposed project. Two other administrative permits are necessary for the project. A Non-Residential Planned Development Permit is being processed to permit parcels which will not front onto public streets and will be approved by the Planning Director subsequent to the other project approvals. A Parcel Map is proposed to subdivide the property into four parcels and will be acted on by the City Engineer. The project meets all regulations applicable to these legislative and permitting actions, and staff has no issues with the proposal. III. PROJECT DESCRIPTION AND BACKGROUND The applicant, Hoehn Avenida Encinas LLC, has requested a General Plan Amendment (GPA), Zone Change (ZC), Local Coastal Program Amendment (LCP A), Specific Plan (SP), Precise Development Plan Amendment (PDP), Non-Residential Planned Development Permit (PUD), Site Development Plan (SDP), and Coastal Development Permit (CDP) to allow for the Land Use and Zoning changes from Planned Industrial/Office to Commercial and Public Utility and for the development of an automobile sales facility. The property is owned by the Encina Wastewater Authority (EWA) who proposes a long term lease of the property. The project site is presently vacant and devoid of vegetation. Past uses have been agricultural in nature. To the north of the site are the City of Carlsbad Reclaimed Water facility and the Encina Water Pollution Control Facility (EWPCF) owned by EWA. To the south and adjacent to the site is the existing Porsche Auto Dealership. To the south and across Avenida Encinas is the Bluewater Crossings mixed use project and the North County Transit District's Poinsettia Coaster Rail Station. To the east is Interstate 5 and to the west are the A venida Encinas roadway and the San Diego Northern Railroad tracks. The proposed Specific Plan regulates permitted land uses on two of the lots, Lots 3 and 4, for the development of motor vehicle dealerships (retail sales, leasing, renting and servicing of new and/or used automobiles and other motor vehicles such as trailers, boats, motorhomes, motorcycles and off-road vehicles. The Specific Plan requires that any future projects be in compliance with the development standards of the Carlsbad Encina Auto Plaza Specific Plan and General Commercial (C-2) zone and also provides general site and architectural design guidelines. The Specific Plan also identifies the necessary traffic mitigation measures to serve the area and provides for their installation or bonding prior to development in accordance with the Mitigation Monitoring and Reporting Program prepared for the project. All projects within the Specific Plan area have been or will be conditioned to implement required infrastructure improvements consistent with the Zone 22 LFMP. A proposed minor subdivision is to divide the property into four parcels. Parcel 1 is the northernmost parcel and is adjacent and southerly of the wastewater treatment facility and is also adjacent to Interstate 5. This 3.2 acre parcel is proposed to be General Plan Land Use designated Public Utilities (U) and zoned Public Utility (PU). The parcel is presently developed with underground water storage tanks and no further development of the site is proposed with these applications. The site is also not included within the proposed Specific Plan. The existing site GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/PDP 01(1)/SDP 07-01/CDP 07-03 -CARLSBAD ENCINA AUTO PLAZA September 3, 2008 Pa e 3 improvements are conditionally permitted uses within the existing PM Zone and were approved by Conditional Use Permit 99-23. The rezoning of the property to PU will allow the facilities by right with a Precise Development Plan permit. The existing EWA PDP 0l(H) is being amended to include these facilities. Parcel 2 is 6.04 acres in size and is located southerly of Parcel 1 and also adjacent to 1-5. The parcel is proposed for auto inventory storage, inventory deliveries, a fuel station, and a carwash/preparation building. This parcel (Parcel 2) has a short term lease agreement with EWA. A portion of the property may be needed for future EWA water storage capacity. Once underground water storage improvements have been made, vehicle storage would resume. Parcel 3 is 15.17 acres in size and is proposed to be developed with three auto dealerships. Parcel 4 is 2.0 acres in size and is located adjacent and north of the existing Porsche dealership. This lot would be used for the expansion of the existing Porsche dealership. A remainder parcel of .27 acres is located on the west side of A venida Encinas, just northerly of the transit station entrance. This remnant property is covered with a variety of utility easements and does not have any significant development potential. The property may be improved in the future as part of the Coastal Rail Trail project. The project fronts onto and has access from A venida Encinas. Access to the parcels will be via the existing Porsche dealership property, a new entrance just northerly of the existing Porsche dealership, a main entrance with a new signalized intersection located opposite the Coaster Rail Station entrance, and a new driveway located along the northerly project property line to serve Parcels 2 and 3. Through an agreement between the City of Carlsbad and EWA, this driveway would be located on the adjacent City of Carlsbad property and would serve primarily as an employee and service entrance. In the event the proposed dealership adjacent to the northern entryway is not constructed, the access way would be developed on the project site as shown on the Alternative Plan in the Specific Plan and alternative site plans found in project plans. The main project entrance is a divided driveway which leads to an entry plaza/traffic circle. Turning right from the traffic circle leads to the Mercedes dealership building. Passing straight thru leads to the Jaguar/Land Rover dealership. To the left of the traffic circle is a proposed Audi Dealership. The traffic circle is surrounded by a large circular auto display area for the dealerships. The Hoehn Mercedes dealership building is the largest of the buildings proposed. The building site is roughly in the center of the project area and is oriented towards A venida Encinas. An auto display area, driveway, and landscaped setback separate the building from Avenida Encinas. The two story building is 107,783 square feet in size and contains auto display, sales, parts, and service. Vehicle inventory for display and storage for 225 vehicles is proposed on the second level and the building's roof deck. The building's architecture is described as Bauhaus (Autohaus ), or International, which is characterized by flat roofs, smooth facades of metal, glass, or concrete, and cubic shapes. Colors are typically white, gray, beige, or black. The proposed building incorporates rectangular ribbed metal siding, expansive glass panels and stucco siding in two complementary gray colors with silver and dark blue accent colors. The building form is roughly rectangular with a glass curtain wall store front. The maximum 35 foot tall storefront extends easterly from the southeasterly comer of the building 225 feet and is elevated to allow for a service entrance and site driveways to pass underneath. The elevated portion is glazed in clear glass and provides a vehicle display area. The eastern terminus of this portion of the building is 44 feet from the freeway. The overall building elevation, including the eastern GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/PDP 0l(I)/SDP 07-01/CDP 07-03 -CARLSBAD ENCINA AUTO PLAZA September 3, 2008 Pa e4 "wing" and western covered vehicle display area, is 600 feet wide. The storefront roof slopes downward to the east and west to a low point at the front middle of the building elevation. The Porsche dealership proposes a new sales and service building located north of the existing Porsche dealership. The 22,355 square foot two-story building will be 30 feet tall and will also feature the Bauhaus architectural design. Features will include a convex store front made of Aluminum Composite Materials (ACM) above a clear glass curtain wall, rectangular ribbed metal siding over the service entrance, and black spandrel glass panels. The building's architecture is similar to other corporate Porsche dealerships. Service bays are located within the building with roll-up access doors located on the north and south elevations of the building. The Jaguar/Land Rover building is located interior to the site behind the circular auto display area. The building is 24,386 square feet in size and is single story with a parking deck on the roof. The building will contain showrooms, sales offices, and service facilities for both Jaguar and Land Rover. The building's roof deck provides inventory storage for 49 vehicles. The bulk of the building's height is 22 feet 8 inches with glass storefront elements projecting to 30 feet. The building has three unique entries from the front, including: a center common glass storefront entry, a Jaguar semi-circular glass storefront with tan stucco surround on the left side of the building, and a Land Rover green trademark ACM entry on the right hand side of the building. A service entry canopy for both dealers is located on the south side of the building. The Land Rover will have a small test track located within a portion of the circular display area in front of the dealership. The test track is to demonstrate the abilities of their vehicles. The Audi building is located on the northern A venida Encinas frontage of the property. The single story building is roughly 30,000 square feet in size. The building includes an interior showroom, sales, and vehicle service area. The exterior of the building is ornamented with two different metal materials. The sales portion of the building is sided with a perforated corrugated metal finish. The other siding material is trapezoidal corrugated painted cladding and covers most of the service portion of the building. One building element which separates the sales office from the service building has a smooth plaster finish. A clear comer glass curtain wall and large floor length parallelogram shaped window accent the sales office. A 15,866 square foot dealer preparation and car wash building is located on Parcel Two, which is the vehicle inventory area. The building will have office space, body shop, an automatic drive thru car wash, and 24 interior parking stalls for dealer preparation of vehicles. The rectangular shaped single story building is located 45 feet westerly of the 1-5 freeway. The building is 30 feet tall and has a shed roof which slopes down to the west to 13 feet in height. The building contains two comer elements which are 35 feet tall and contain two dealership identity signs (Jaguar and Land Rover). The buildings' colors are to match those of the Jaguar and Land Rover building. The project provides a common landscape theme with Date and Queen Palms as the primary tree type. Trees are positioned along the A venida Encinas frontage, auto display area, building fronts and along the project circulation driveways. Groupings of palms are also proposed along the freeway elevation. The main driveway entrance is enhanced with decorative paving. The circular auto display area is also proposed to be enhanced paving. Three outdoor employee GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/PDP 0l(I)/SDP 07-01/CDP 07-03 -CARLSBAD ENCINA AUTO PLAZA September 3, 2008 Pa e 5 eating areas are provided around the site. Each project also includes interior space for employees. A 35 -foot tall double faced freeway identity sign is proposed to be located on the northern portion of the site along the 1-5 freeway. The sign is 7 by 10 feet in area and located atop a four- pole structure. With the approval of this Specific Plan, the existing car dealerships, Mercedes Benz and Audi, located in the Car Country would relocate to the new Specific Plan area. This would leave the existing Mercedes and Audi dealership sites vacant. The Car Country Specific Plan allows for new and used auto sales and auto related repair and services. All businesses other than new car sales and service shall be accessory to a new car sales or service business. The project site was previously mapped as a paper subdivision named "La Costa Downs" in 1927. The project will be required to process street vacations, quitclaim easements, and consolidate the parcels of this subdivision. Findings for the General Plan consistency for the street vacations are included in the General Plan compliance section of this staff report. IV. ANALYSIS The proposed project is subject to the following plans, ordinances and standards as analyzed within the following section of this staff report: A. General Plan Land Use Element -Regional Commercial (R) and Public Utilities (U) General Plan Land Use Designations; B. A Specific Plan as defined by California Government Code Section 65451; C. General Commercial Zone -(C-2) (Carlsbad Municipal Code, Chapter 21.28) and Carlsbad Encina Auto Plaza Specific Plan (SP 07-01 ); D. Public Utility Zone -(PU) (Carlsbad Municipal Code, Chapter 21.36) E. Subdivision Ordinance; F. Site Development Plan findings required by the Specific Plan; G. Mello II Segment of the Local Coastal Program -Carlsbad Municipal Code, Chapter 21.203, the Coastal Resource Protection Overlay Zone; and Chapter 21.202, Coastal Agriculture Overlay Zone; and H. Growth Management Ordinance (Local Facilities Management Plan Zone 22). The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. A. General Plan The present General Plan Land Use designation for the 28.3 acre project area is Planned Industrial/Office (Pl/O). The applicant proposes to redesignate the northernmost 3.2 acre portion to Public Utilities (U). This portion contains Encina Water Pollution Control improvements (water flow equalization basins) and the U Land Use designation is consistent with the adjacent EWA facility. The remainder of the project area is proposed to be redesignated to Regional GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/PDP 01(1)/SDP 07-01/CDP 07-03 -CARLSBAD ENCINA AUTO PLAZA September 3, 2008 Pae 6 Commercial (R) for the development of an automobile sales facility. The proposed R designation and accompanying auto sales uses would be compatible with surrounding uses of Public Utilities (waste water and reclamation plants), Commercial (existing automotive sales), Mixed Use, daycare, and multi-family housing. The site is topographically suitable for the development of Commercial type uses, as the developable portion has been previously graded and is relatively flat. The proposed Regional Commercial Land Use designation will not result in any unavoidable adverse impacts to the area. The project will not generate a significant increase in average daily vehicle trips pursuant to the Traffic Impact Analysis for the project (Iteris, January, 2008). Avenida Encinas, Poinsettia Lane, and Palomar Airport Road and associated intersections are capable of handling the proposed vehicle trips with the implementation of the identified mitigation measures. The project is consistent with the applicable policies and programs of the General Plan. Particularly relevant to the proposed Regional Commercial development are the Land Use, Circulation, Noise, and Public Safety elements. The proposed Commercial Zone implements the proposed Regional Commercial General Plan designation. The Carlsbad Encina Auto Plaza Specific Plan is consistent with the General Plan in that it provides for a comprehensive land use plan that designates the permitted uses, primary local access and public facilities within the Specific Plan area; promotes quality and orderly development; develops a plan that is economically feasible and capable of being implemented based on existing and anticipated future economic conditions; and assures adequate facilities, including circulation improvements, drainage facilities, domestic water, and sewage disposal facilities. The project complies with applicable eleinents of the General Plan as illustrated in Table A below: TABLE A -GENERAL PLAN COMPLIANCE ELEMENT USE, PROPOSED USES & COMPLY? CLASSIFICATION, IMPROVEMENTS GOAL, OBJECTIVE OR POLICY Land Use Maintain a system of The expansion area of the Yes public facilities Encinas Water Pollution adequate for the Control Facility (Parcel 1) will projected population be redesignated Public Utility and responsibly deal (U). with the disposal of solid and liquid waste. Land Use Attract quality The project proposes a General Yes commercial Plan Amendment to Regional development to serve Commercial for the the employment, development of an Automotive shopping, and service sales facility regulated through needs of Carlsbad a Specific Plan. residents. I GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/PDP 01(1)/SDP 07-01/CDP 07-03 -CARLSBAD ENCINA AUTO PLAZA September 3, 2008 Pae 7 TABLE A -GENERAL PLAN COMPLIANCE CONTINUED ELEMENT USE, PROPOSED USES & COMPLY? CLASSIFICATION, IMPROVEMENTS GOAL, OBJECTIVE OR POLICY Circulation New development The project ipcludes additional Yes· shall dedicate and dedication and improvements to improve all public A venida Encinas, a public street right-of-way for and Circulation Element circulation facilities roadway. The project also needed to serve vacates old paper subdivision development. roadways. Noise Utilize noise The project is consistent with Yes standards contained in the City of Carlsbad Noise the City of Carlsbad Guidelines Manual. Noise Guidelines Manual. Public Safety Enforce the Uniform All necessary water mains, fire Yes Building and Fire hydrants, and appurtenances Codes, adopted by the must be reviewed during City, to provide fire building design and installed protection standards prior to occupancy of any for all proposed building. structures. The project proposes to vacate roads which were dedicated as part of the La Costa Downs paper subdivision recorded in· 1927. The roads to be vacated were part of the subdivision and consist of streets named; La Costa Blvd., La Loma Blvd., Maricopa Blvd., Alamo Rd., Capistrano Rd., Ramona Rd., Lomita Rd., Montecito Rd., and La Jolla Rd. The street vacations are consistent with the General Plan Circulation Element as the roads are not shown as circulation element roadways. The roads are not needed to serve any other properties. B. Specific Plan 07-01 Government Code Section 65451 governs the content of Specific Plans. The Carlsbad Encinas Auto Plaza Specific Plan contains all information required by state law. The plan consists of both text and diagrams which specify the following in detail: (1) distribution and location ofland uses, (2) infrastructure, (3) development standards, ( 4) implementation measures including financing measures, and ( 5) a statement of the relationship of the specific plan to the General Plan. The Carlsbad Encinas Auto Plaza Specific Plan will become the controlling document for the development of the site. It will implement the proposed Commercial General Plan Land Use designation by providing development standards and applicable policies governing the GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/PDP 01(1)/SDP 07-01/CDP 07-03 -CARLSBAD ENCINA AUTO PLAZA September 3, 2008 Pae 8 development of the site. The developable area is the entire site, excepting Parcel . 1 and the remainder parcel. Development and design standards contained within the Carlsbad Encinas Auto Plaza Specific Plan are adequate to properly develop the property. The specific plan is divided into five areas for planning purposes. Development standards and design guidelines cover the entire area for a comprehensive design theme. The standards address development of the parcels as well as compatibility with the adjacent neighbors. The overall theme of the specific plan is to regulate the commercial uses to strictly motor vehicle sales and auto related uses as secondary uses to the primary auto sales. The proposed development standards address typical zoning issues such as permitted uses, setbacks, height, parking requirements, etc. C. Chapter 21.28 -General Commercial (C-2) Zoning/Specific Plan compliance The project proposes a Zone Change from Planned Industrial/Office (Pl/O) to General Commercial (C-2). Under the "Implementing Policies and Action Programs" section of the General Plan Land Use Element, Item C.16 indicates that Zoning should be made consistent with the General Plan. The proposed General Commercial Zoning implements the proposed Regional Commercial General Plan Land Use designation and will achieve consistency between the General Plan and Zoning. Since the Specific Plan has a built-in Site Development Plan requirement, the application of a Qualified Development Overlay Zone to the property is not required. The Specific Plan has equal or more restrictive development standards than the General Commercial Zoning Ordinance. The proposed project complies with the Specific Plan as shown in Table B below. TABLE B -SPECIFIC PLAN TABLE 2 -PROJECT COMPLIANCE Specific Plan Standard Provided Compliance Section Building Height Not to exceed 35 feet/two 35 feet to roof/two Yes levels. Architectural features levels. to 45 feet maximum. Setbacks-Buildings Front: 50 ft. Front: 137 feet. Yes Street side: 25 ft. Street side: 25 ft. Interior side: 10 ft. Interior side: 60 ft. Rear: 10 ft. Rear: 50 ft. Interstate 5: 30 ft. Interstate 5: 44 ft. Setbacks-Parking Front: -50 ft. Front: 70 ft. Yes Customer/Employee Inventory Per approved SDP (25 foot 25 foot front yard Yes front yard average) average GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/PDP 0l(I)/SDP 07-01/CDP 07-03 -CARLSBAD ENCINA AUTO PLAZA September 3, 2008 Pae 9 TABLE B-SPECIFIC PLAN CONTINUED TABLE 2 -PROJECT COMPLIANCE Specific Plan Standard Provided Compliance Section Parking-DealershiQs Customer 20% of 1/400 of gross sale 78 p~rking spaces Yes area ( 65 parking spaces) Employee 1/400 gross sales area + 351 parking spaces Yes 1/1,250 of auto parts sales (343 parking spaces) In-service (repair) 4/workbay + 2/workbay over 142 parking spaces Yes three ( 13 3 parking spaces) Storage/Display No requirement 921 parking spaces Yes Total Required 541 571 parking spaces Yes Employee Eating Not required 2,470 sq ft Yes Area The Specific Plan calls for a modern/Euro design. The Mercedes, Porsche and Audi all propose an Autohaus architectural style which is consistent with the Specific Plan. The Landrover/Jaguar building is of modern design with glass curtain walls and Aluminum Composite Materials (ACM). The Specific Plan proposes to vary from the requirements of the sign ordinance and utilize the sign standards similar to those of the existing Car Country Specific Plan. Specifically, signage is based on the frontage (width) of the building and is double of that allowed by the Sign Ordinance. The project also proposes a 35 foot tall pole sign, which is allowed per the Sign Ordinance for Regional Commercial Centers. The pole sign is located along Interstate 5 for freeway visibility. The project site is elevated approximately 10 feet above the grade of the freeway and with the exception of the Mercedes, Porsche and dealer preparation and car wash building, all of the other dealerships (Audi and Jaguar/Land Rover) are setback a minimum of 415 feet from the freeway therefore, sight visibility of the dealership buildings from the freeway will be limited. A bulk of the Mercedes building is located 180 feet from the freeway. D. Public Utility Zone The existing EWA equalization tanks are located on Parcel 1 of the project. The facilities were permitted by CUP 99-23 for the development of the Carlsbad Water Recycling Facility. At that time the property was zoned PM and these facilities were conditionally permitted uses. The proposed zone change to PU will permit the EWA equalization tank facilities by right. The PU Zone requires that all improvements be permitted by a PDP. The original CUP Staff report analyzed the project with both the PM and PU development standards as the land was anticipated to be zone changed to PU at some future date. The project was found to be in compliance with the PU development standards. Parcel 1 is not within the Encina Auto Plaza Specific Plan and the implementing ordinance for the area is the existing Mello II Segment of the LCP and Zoning Ordinance. GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/PDP 0l(I)/SDP 07-01/CDP 07-03 -CARLSBAD ENCINA AUTO PLAZA September 3, 2008 Pa e 10 STANDARD REQUIRED/ALLOWED PROVIDED Min. Lot Area 7,500 sq ft 3.22 acres Min. Lot coverage 50% 40% Max. Building Height Established by PDP At grade concrete basins Min Front Yard setback Established by PDP 50 feet Min. Interior Side Yard Established by PDP 30 feet Min. Rear Yard Setback Established by PDP 30 feet The project findings of project compatibility with the adjacent EWAPCF, General Plan consistency with the U Land Use designation, adequacy of the site for the existing improvements made in the CUP are still applicable and are reflected in the PDP Amendment Planning Commission resolution. E. Subdivision Ordinance The proposed tentative parcel map complies with all requirements of the City's Subdivision Ordinance. The property is contained in one tax code area. There is not a minimum parcel size required for Commercial properties and the Public Utility parcel meets the 7,500 square foot lot size minimum at 3 .22 acres. All proposed parcels will front to a dedicated street, A venida Encinas, except for Parcel 2, which will be approved via a Non-Residential Planned Development Permit and will be served by a private easement. All infrastructure improvements related to roadways, drainage, and sewer facilities will be installed concurrent with development. The project will be conditioned to participate in the construction of a signalized traffic intersection located at Avenida Encinas and the main project entry. The proposed building pads are adequate in size to allow for future development to take advantage of natural heating and cooling opportunities. Public access easements and rights-of-way are being offered for dedication for the proposed drainage facilities. In the future, Caltrans will be acquiring additional land for freeway widening. The expected acquisition area will be along the northerly property line adjacent to the freeway and would be five feet in width. The proposed project does not propose improvements which would hinder the expansion of the freeway. F. Site Development Permit Findings Required by the Commercial Zone/Specific Plan The proposed Specific Plan requires that a SDP be approved for the proposed use prior to the issuance of any building permit. This section summarizes the necessary findings and support for each. 1. That the requested use is properly related to the site, surroundings, and environmental settings; it is consistent with the various elements and objectives of the General Plan; it will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located; and it will not adversely impact the site, surroundings, or traffic circulation. The various elements and objectives of the General Plan will be implemented since the proposed project falls within a proposed Specific Plan (Carlsbad Encinas Auto Plaza), which is found to be consistent with the General Plan. The requested additions are properly related GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/PDP 0l(I)/SDP 07-01/CDP 07-03 -CARLSBAD ENCINA AUTO PLAZA September 3, 2008 Pa e 11 to the site surroundings as well as the environmental setting in that the project design complies with the requirements of the Carlsbad Encinas Auto Plaza Specific Plan. The location of the dealership buildings and support structure will not disrupt the existing vehicular circulation and A venida Encinas with mitigation is adequate to handle the traffic generated by the proposed uses. Further, the proposed uses are compatible with the existing uses in the area; therefore, the adjacent properties will not be adversely impacted. 2. That the site for the intended use is adequate in size and shape to accommodate the use. The subject site is adequate in size and shape to accommodate the proposed buildings and the proposed uses comply with the required development and design standards of the Specific Plan. The proposed project complies with the development standards for building setbacks, building height, and parking as proposed within the Specific Plan without the need for vanances. 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained. The site functions as a component of the Specific Plan's allowed automobile sales, service, and related uses. The project has been designed in accordance with all development and design standards of the Specific Plan; therefore, the project is compatible with existing permitted and future uses. The project has been conditioned to include traffic mitigation measures and outdoor lighting restrictions to minimize potential impacts to the surrounding uses. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. Primary access to the site will be provided from three driveways located off of A venida Encinas. The street system serving the proposed uses will be adequate to handle the 10,876 Average Daily Trips generated by the proposed project with the implementation of mitigation measures. A new traffic signal is proposed at the main entrance located across from the existing Poinsettia Station Commuter Rail Station. G. Mello II Segment of the Local Coastal Program, the Coastal Agricultural Overlay Zone (Chapter 21.202) and the Coastal Resource Protection Overlay Zone (Chapter 21.203) The subject property is located in the Mello II Segment of the City's Local Coastal Program (LCP). The LCP consists of two parts -the Land Use Plan and the implementing ordinances. For this portion of the Mello II Segment, the implementing ordinances consist of the applicable portions of the Zoning Ordinance (Chapters 21.202 and 21.203) and the proposed Specific Plan. The policies of the Mello II Land Use Plan emphasize topics such as preservation of agricultural and scenic resources, protection of environmentally sensitive resources, provision of shoreline access, and prevention of geologic instability and erosion. GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/PDP 0l(I)/SDP 07-01/CDP 07-03 -CARLSBAD ENCINA AUTO PLAZA September 3, 2008 Pa e 12 The project site has a LCP Land Use designation of Planned Industrial/Office (PI/O) and an LCP Zone designation of Planned Industrial/Office (PM/O). The proposed LCP Land Use and Zone changes to the project site from PI/O to R and U and the Zone Changes from PM/O to C-2 and PU respectively are required to ensure consistency with the City's General Plan and Zoning and are consistent with the policies contained in the Land Use Plan for the Mello II Segment of the LCP. No impacts to any physical features, such as scenic resources, environmentally sensitive areas, or geologic features, will occur as none exist on the flat and previously disturbed site. No distant or coastal views would be obstructed. Interstate 5 does not afford any coastal views across the site as the freeway is below the elevation of the subject property. As designed, the project is consistent with the relevant policies of the Mello II Segment of the Local Coastal Program (LCP), the Coastal Agricultural Overlay Zone (Zoning Ordinance Chapter 21.202) and the Coastal Resource Protection Overlay Zone (Zoning Ordinance Chapter 21.203). The project is consistent with the relevant LCP Policies and Carlsbad Coastal Ordinances as follows: Agricultural Policy 2-1 of the LCP and Coastal Agricultural Overlay Zone: The project is consistent with Policy 2-1 and provisions of the Coastal Agricultural Overlay Zone. The property is identified as "Designated Coastal Agricultural Land" as identified on Map X and is known as the Bankers Site in the LCP. The property is also designated as a Non-prime agricultural land and is permitted to convert to urban uses subject to the provisions set fourth in the LCP. As such, the project has been conditioned to pay the agricultural conversion mitigation fee pursuant to Option 3 -Agricultural Conversion Mitigation Fee. The payment of this fee will supersede the otherwise required HMP habitat impact fee. Drainage and Erosion Control Policies 3-4, 4-2, 4-3, 4-5, 4-6 of the LCP and Coastal Resource Protection Overlay Zone: The project is consistent with the Policies of the LCP and provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. No development is proposed in areas of steep slopes (coastal bluffs) and no native vegetation is located on the subject property. The site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. Stormwater retention basins are proposed along A venida Encinas that are designed to control the rate of storm water runoff and improve water quality from the site. Policy 5-2 -Untreated reclaimed water: The project coordinates with the Encina Wastewater Pollution Control Facilities expansion plans by preserving land for future expansion of water storage facilities. Policy 8-1 Site Development Plan Review: The project is proposing building heights of 35 feet which is consistent with the proposed GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/PDP 0l(I)/SDP 07-01/CDP 07-03 -CARLSBAD ENCINA AUTO PLAZA September 3, 2008 Pae 13 Commercial zoning of the property. The project limits the size and location of buildings along the freeway frontage as buildings are predominately oriented to A venida Encinas. No distant or coastal views are afforded from Interstate 5. Policy 8-4 Archaeological and Paleontological resources: Cultural and paleontological re~ources may be present on the site. Resource surveys have been prepared and recommend mitigation measures which will reduce the significance of the potential resource impacts. Policy 8-5 Signage: The project proposes signage consistent with that of the Car Country Specific Plan (SP-19) in sign type, numbers of signs, and sign area permitted. This however is not consistent with all of the LCP sign policy requirements (i.e.; tall freestanding pole sign prohibitions), but is consistent and equitable with the approval of the Car County Specific Plan which is also located within the coastal zone and along the I-5 freeway. The Specific Plan creates the development standard for signs and is implemented by the adoption of the Specific Plan as the implementing ordinance of the Local Coastal Program. • The project was publicly noticed for the State mandated six-week public notice of availability review period, from April 18, 2008 through May 30, 2008. No comments were received during the comment period. H. Growth Management Ordinance (Local Facilities Management Plan Zone 22) The project site is located within LFMP Zone 22. A review of the LFMP was completed to determine if there were any conflicts with the facilities planned for Zone 22 and the proposed Commercial land use. The LFMP anticipated the project site would be developed with a Planned Industrial/Office land use. The projected building square footage compared to the proposed square footage results in a net decrease of 141,391 of building square footage. The 3.2 acre portion being changed from PI/O to U and the 6.0 acre long term lease area will preclude intense development of the site which reduces the development potential and facility demands for the site. A comparison of the impacts associated with the project site being converted from an Industrial/Office Land Use to a Regional Commercial Land Use concludes that all public facilities have been planned and designed to adequately serve the property. The supply of public facilities such as wastewater treatment, drainage, circulation, sewer, and water are adequate to serve the proposed Commercial and Public Utility land uses. All facilities, including the facilities just mentioned; along with city administrative facilities, libraries, parks, fire/emergency services, and schools, are planned/designed to adequately serve the area based upon the projected build-out population. V. ENVIRONMENTAL REVIEW Staff 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 GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/PDP 01(1)/SDP 07-01/CDP 07-03 -CARLSBAD ENCINA AUTO PLAZA September 3, 2008 Pa e 14 Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. Potentially significant aesthetic, cultural resources and traffic impacts were identified. The developer has agreed to mitigation measures to reduce the identified impacts to below a level of significance in accordance with CEQA. In consideration of the foregoing, the Planning Director issued a Notice oflntent to Adopt a Mitigated Negative Declaration for the project on May 01, 2008 and noticed for 30 days. Comments were received from the Native American Heritage Commission and Caltrans. The project has already addressed the concerns of the Native American Heritage Commission through site review and mitigation requirements for archeological resource monitoring during site grading. Caltrans concerns are regarding the future need to acquire additional lands for the future widening of Interstate 5. The project as designed would not bias the ability to nor propose improvements such as buildings or parking which would significantly hinder the widening of the freeway. ATTACHMENTS: 1. Planning Commission Resolution No. 6445 (Neg. Dec.) 2. Planning Commission Resolution No. 6444 (GPA 07-01) 3. Planning Commission Resolution No. 6446 (ZC 07-01) 4. Planning Commission Resolution No. 6447 (LCPA 07-01) 5. Planning Commission Resolution No. 6448 (SP 07-01) 6. Planning Commission Resolution No. 6449 (PDP 01(1)) 7. Planning Commission Resolution No. 6450 (SDP 07-01) 8. Planning Commission Resolution No. 6451 (CDP 07-03) 9. Location Map 10. Disclosure Statement 11. Local Facilities Impact Assessment Form 12. Background Data Sheet 13. Engineering draft conditions of approval for MS 07-01 14. Reduced exhibits 15. Exhibits "A" -"II" dated September 3, 2008. 16. Carlsbad Encina Auto Plaza Specific Plan -SP 07-01 (previously distributed and on file in the Carlsbad Planning Department.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 6445 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR A GENERAL PLAN AMENDMENT TO CHANGE THE GENERAL PLAN LAND USE FROM PLANNED INDUSTRIAL/OFFICE TO REGIONAL COMMERCIAL AND PUBLIC UTILITIES, A ZONE CHANGE FROM PLANNED INDUSTRIAL/OFFICE TO GENERAL COMMERCIAL AND PUBLIC UTILITY AND RECOMMENDING APPROVAL OF A LOCAL COASTAL PROGRAM AMENDMENT, A SPECIFIC PLAN, A PRECISE DEVELOPMENT PLAN AMENDMENT, A SITE DEVELOPMENT PLAN, AND A COASTAL DEVELOPMENT PERMIT TO DEVELOP A 28.3-ACRE PARCEL INTO FOUR SEPARATE PARCELS FOR AN AUTOMOTIVE AND OTHER MOTOR VEHICLE SALES FACILITY LOCATED ON THE EAST SIDE OF A VENIDA ENCINAS BETWEEN PALOMAR AIRPORT ROAD AND POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: . CARLSBAD ENCINA AUTO PLAZA CASE NO.: GPA 07-01/ ZC 07-01/ LCPA 07-01/ SP 07- 01/ PDP 01(1)/ SDP 07-01/ CDP 07-03 WHEREAS, Hoehn Avenida Encinas LLC, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Encina Wastewater Authority, a California public agency, "Owner," described as That portion of Section 20, Township 12 South, Range 4 west, San Bernardino Base and Meridian, according to official Plat thereof and that portion of La Costa Downs Unit No. 1, according to Map thereof No. 2013, filed in the Office of the County Recorder of San Diego County, April 26, 1927. ("the Property"); and WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on September 3, 2008, hold a duly noticed public hearing as prescribed by l~w to consider said request; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, according to Exhibits "NOi", and "Environmental Impact Assessment Form -Initial Study (EIA)", attached hereto and made a part hereof, based on the following findings: Findings: 1. 2. The Planning Commission of the City of Carlsbad does hereby find: a. b. C. d. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Carlsbad Encinas Auto Plaza and the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. The Planning Commission hereby finds that the Program is designed to ensure that during project implementation the Developer and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the CEQA Findings and the Program. PC RESO NO. 6445 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Conditions: 1. Developer shall implement, or cause the implementation of, the Carlsbad Encinas Auto Plaza Project Mitigation Monitoring and Reporting Program. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on September 3, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6445 -3- City of Carlsbad i:.iFihh•H~■•J4·Eiiii,14h ■ NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION CASE NAME: CASE NO: PROJECT LOCATION: Carlsbad Encina Auto Plaza GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03 East side of A venida Encinas between Palomar Air:port Road and Poinsettia Lane PROJECT DESCRIPTION: The project consists of the development of a 25.1 acre Regional automobile sales and service facility located on the east side of Avenida Encinas, adjacent and west of the Interstate 5 freeway, between Palomar Air:port Road and Poinsettia Lane. The project proposes three auto dealerships with a future site for an additional dealership. One of the dealerships is an expansion of the existing Porsche dealership located south and adjacent to the site. The project requires Land Use and Zoning changes from Planned Industrial/Office to Commercial. A 3 .2 acre portion, which is located in the northern portion of the site, is proposed to be designated Public Utility for the existing underground waste water storage tanks of the Encina Waste Pollution Control Facility. The site is relatively flat and previously disturbed by grading activity associated with surrounding development. No structures exist on the site other than underground water storage structures. The project is located north of the existing Porsche Dealership and North County Transit District's Poinsettia Commuter Rail Station, south of the existing Encinas Waste Pollution Control Facility and City of Carlsbad Reclaimed Water Treatment Plant, east of Avenida Encinas (and San Diego Northern Railroad line), and west of the Interstate 5 Freeway. Also to the south is the Poinsettia Station mixed use project (aka Poinsettia Commons), a vacant Community Facility site and an existing apartment (affordable housing) project. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in !he project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad City Council. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please s1,1bmit comments in writing to the Planning Department within 30 days of the date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-4614. PUBLIC REVIEW PERIOD PUBLISH DATE May 1, 2008 through May 31, 2008 May 1, 2008 1635 Faraday Avenue" Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ ENVIRONMENTAL IMP ACT ASSESSMENT FORM -INITIAL STUDY BACKGROUND CASE NO: GPA 07-01/ZC 07-0lfLCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03 DA TE: March 31, 2008 1. CASE NAME: Carlsbad Encina Auto Plaza 2. LEAD AGENCY NAME AND ADDRESS: _C_ity,____of~C~a~rl~sb~a~d __________ _ 3. CONTACT PERSON AND PHONE NUMBER: Van Lynch {760) 602-4613 4. PROJECT LOCATION: East side of Avenida Encinas between Palomar Airport Road and Poinsettia Lane 5. PROJECT SPONSOR'S NAME AND ADDRESS: Hoehn Avenida Encinas LLC, PO Box 789, Carlsbad CA 92018 6. GENERAL PLAN DESIGNATION: Existing: Planned Industrial/Office. Proposed: Regional Commercial and Public Utility. 7. ZONING: Existing: Planned Industrial/Office. Proposed: General Commercial and Public Utili 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): =-N=o=n-=-e ________________ _ 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: The project consists of the development of a 28.3 acre Regional automobile sales and service facility located on the east side of Avenida Encinas, adjacent and west of the Interstate 5 freeway, between Palomar Airport Road and Poinsettia Lane. The project proposes three auto dealerships with a future site for an additional dealership. One of the dealerships is an expansion of the existing Porsche dealership located south and adjacent to the site. The project requires General Plan Land Use and Zoning changes from Planned Industrial/Office to Commercial with a corresponding amendment to the Local Coastal Plan and the adoption of a specific plan. A 3 .2 acre area, which is located in the northern portion of the site, is proposed to be designated Public Utility for the existing underground waste water storage structure of the Encina Waste Pollution Control Facility. The site is relatively flat and previously disturbed by grading activity associated with agricultural practices and staging site for surrounding development. No structures exist on the site other than underground water storage structures. The project is located north of the existing Porsche Dealership and North County Transit District's Poinsettia Commuter Rail Station, south of the existing Encinas Waste Pollution Control Facility and City of Carlsbad Reclaimed Water Treatment Facility, east of Avenida Encinas (and San Diego Northern Railroad line), and west of the Interstate 5 Freeway. Also to the south is the Poinsettia Station mixed use project (aka Poinsettia Commons), a vacant Community Facility site (daycare) and an existing apartment (affordable housing) project. GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07~03 Carlsbad Encina Auto Plaza ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. ~ Aesthetics □ Geology/Soils D Noise □ Agricultural Resources □ Hazards/Hazardous Materials □ Population and Housing □ Air Quality D Hydrology/Water Quality □ Public Services □ Biological Resources □ Land Use and Planning □ Recreation ~ Cultural Resources □ Mineral Resources ~ Transportation/Circulation ~ Mandatory Findings of □ Utilities & Service Systems Significance 2 Rev. 12/13/07 DETERMINATION (To be completed by the Lead Agency) GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03 Carlsbad Encina Auto Plaza D I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. l;gj I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. D I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. D I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. D I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. Planner Signature Date Planning Director's Signature Date 3 . Rev. 12/13/07 ENVIRONMENTAL IMPACTS GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03 Carlsbad Encina Auto Plaza ST ATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment (EIA) to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No · Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly adverse. • Based on an "EIA-Initial Study", if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and 4 Rev. 12/13/07 GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03 Carlsbad Encina Auto Plaza those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or ( 4) through the EIA-Initial Study analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears after each related set of questions. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact I. AESTHETICS -Would the project: a) Have a substantial adverse effect on a scenic □ □ □ ~ vista? b) Substantially damage scenic resources, including □ □ □ but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual □ □ □ character or quality of the site and its surroundings? d) Create a new source of substantial light and □ □ □ glare, which would adversely affect day or nighttime views in the area? a, b & c) No Impact. The project site is relatively flat with no scenic vistas present. The site is void of vegetation, rock outcroppings and structures. No visual amenities are present on site. Interstate 5 is identified as a "community scenic corridor," but no ocean views are visible from 1-5 as the site is elevated above the roadway. Development of the site will not impact views from the 1-5 corridor. d) Potentially Significant Unless Mitigation Incorporated. New sources of light and glare will be created and standard conditions of approval require that all lighting shall be shielded so that it does not spill onto adjacent properties and the project is conditioned to use only Low Pressure Sodium lights with onsite lighting levels not to exceed 50 foot-candles from the hours of 10:00 P.M. and 6:00 A.M. 5 Rev. 12/13/07 GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03 Carlsbad Encina Auto Plaza II. AGRICULTURAL RESOURCES (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (5) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, ~hich, due to their location or nature, could result in conversion of Farmland to non-agricultural use? (5) Potentially Significant Impact □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ Less Than Significant Impact □ □ No Impact □ a) Less than Significant Impact. The subject site appeared to be used as agricultural land up until about 1990 (air photo interpretation). Since that time the land has laid fallow. More recently the site has been disturbed by grading associated with adjacent projects as shown on aerial images and as reported in the geotechnical investigation of the site. The site is identified Prime Farmland and Farmland of statewide importance per the California Department of Agriculture, June 1990. The property has been past identified as the Bankers Trust property in a report entitled "An Agricultural Feasibility Analysis of the Lusk and Bankers Trust Properties in Carlsbad, California, prepared by CIC Research, Inc, dated October 7, 1985 and updated by letter June 27, 1995. The report identifies the site as nonprime agricultural land and as such, agricultural use of the site is not economically viable. The site is not protected by Open Space and the Planned Industrial/Office General Plan Land Use designation anticipates the conversion of the property to non-agricultural uses. The Mello II Segment of the Local Coastal Program addresses the issue of conversion of agricultural lands by establishing programs which mitigate for agricultural conversion. The project is conditioned to pay the agricultural conversion fee on a net converted acre of land. band c) No Impact. The site is not subject to Williamson Act contracts and the development of the site will not impact other farmlands as none are adjacent. 6 Rev. 12/13/07 GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03 Carlsbad Encina Auto Plaza III. AIR QUALITY -(Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ Less Than Significant No Impact Impact □ □ □ □ □ a) No Impact. The project site is located in the San Diego Air Basin which is a state non-attainment area for ozone (03) and for particulate matter less than or equal to 10 microns in diameter (PM10). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A Plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Although the project entails a General Plan Amendment from Planned Industrial/Office to Regional Commercial, an analysis of the traffic generated by the build out assumptions of the Growth Management Plan shows that the traffic generated by the Regional Commercial use would be equivalent or less than that of the Planned Industrial/Office Land Use designation. Such consistency would ensure that the project would not have an adverse regional air quality impact. 7 Rev. 12/13/07 GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03 Carlsbad Encina Auto Plaza Section l 5 l 25(8) of the State of California Environmental Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: • Is a regional air quality plan being implemented in the project area? • Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. b) Less Than Significant Impact. The closest air quality monitoring station to the project site is at Camp Pendleton. Data available for this monitoring site from 2000 through December 2004 indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (a total of 10 days during the 5-year period). No other violations of any air quality standards have been recorded during the 5-year time period. The project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with travel to and from the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. c) Less Than Significant Impact. The air basin is currently in a state non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15130(a)(4), the proposed project's contribution to the cumulative impact is considered de minimus. Any impact is assessed as less than significant. d) No impact. As noted above, the proposed would not result in substantial pollutant emissions or concentrations. In addition, there are no sensitive receptors (e.g., schools or hospitals) located in the vicinity of the project. No impact is assessed. e) No Impact. The construction of the proposed project could generate fumes from the operation of construction equipment, which may be considered objectionable by some people. Such exposure would be short-term or transient In addition, the number of people exposed to such transient impacts is not considered substantial. IV. BIOLOGICAL RESOURCES -Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? (6) 8 Potentially Significant Impact □ Potentially Significant Unless Mitigation Incorporated □ Less Than Significant Impact □ No Impact Rev. 12/13/07 GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03 Carlsbad Encina Auto Plaza b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? (6) c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (6) d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (6) e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? (6) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (4 and 6) Potentially Significant Impact □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ Less Than Significant Impact □ □ □ □ □ No Impact ~ a -f) No Impact. The entire site has been previously disturbed by agricultural practices and is void of vegetation. The site is not adjacent to other significant habitats or habitat linkages and is shown as "Developed land" in the City's Habitat Management Plan. The project is not subject to HMP mitigation fees as the project is conditioned to pay Local Coastal Program Agricultural Conversion fees for the conversion of agricultural lands as identified on "Map X" to non-agricultural uses. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact V. CULTURAL RESOURCES-Would the project: a) Cause a substantial adverse change in the □ □ □ lZI significance of a historical resource as defined in § 15064.5? (7) b) Cause a substantial adverse change in the signifi-□ □ □ cance of an archeological resource pursuant to § 15064.5? (7) 9 Rev. 12/13/07 GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03 Carlsbad Encina Auto Plaza c) Directly or indirectly destroy a unique pale ontological resource or site or unique geologic feature? (7) d) Disturb any human remains, including those interred outside of formal cemeteries? (7) Potentially Significant Impact □ □ a -b) No Impact. No cultural resources are identified on site. Potentially Significant Unless Mitigation Incorporated [8J Less Than Significant No Impact Impact □ □ □ □ c -d) Potentially Significant Unless Mitigation Incorporated. The site has the potential to contain subsurface cultural and paleontological resources. A mitigation program shall be developed consistent with the City's Cultural Resources Guidelines and the Archaeological Resources Survey prepared for the project, which involves review of the grading plans, attendance of a archaeologist and Native American monitor at grading meetings and during the grading operation with the authority to direct grading operations to salvage resources, and curation of the resources will mitigate the impacts to a less than significant level. Mitigation measures for paleontological resources has been incorporated which will reduce the level of significance to less than significant. VI. GEOLOGY AND SOILS -Would the project: a) Expose people or structures to • potential substantial adverse effects, including the risk of loss, injury or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. (8) ii. Strong seismic ground shaking? (8) iii. Seismic-related ground failure, including liquefaction? (8) iv. Landslides? (8) b) Result in substantial soil erosion or the loss of topsoil? (8) c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? (8) 10 Potentially Significant Impact □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ Less Than Significant Impact □ □ No Impact □ □ □ □ Rev. 12/13/07 GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03 Carlsbad Encina Auto Plaza d) Be located on expansive soils, as defined in Table 18 -1-B of the Uniform Building Code ·(1997), creating substantial risks to life or property? (8) e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? (8) Potentially Significant Impact □ □ Potentially Significant Unless Mitigation Incorporated □ □ Less Than Significant No Impact Impact ~ □ □ a.i.-a.iii.) Less than Significant Impact. A geotechnical investigation of the project site was prepared by Geocon Incorporation (Project No. 07612-42-01, January 5, 2006) to provide subsurface information and geotechnical recommendations specific to the proposed project. According to this report, the subject site is not located within any Earthquake Fault Zones as created by the Alquist-Priolo Act, nor are there any known major or active faults on or in the immediate vicinity of the site. Because of the lack of known active faults on the site, the potential for surface rupture at the site is considered low. The main seismic hazard that may affect the site is ground shaking from one of the active regional faults, with the nearest known active fault being the Rose Canyon Fault Zone located 3.9 miles west of the site. Due to the dense nature of the site's subsoil, grain size, and implementation of the recommendations contained within the geotechnical report, risk of seismically induced liquefaction is considered very low. a.iv.) No Impact. The topography of the site is generally flat with elevations ranging from approximately 75 feet above mean sea level (msl) in the eastern portion of the site to approximately 50 feet msl at the west side of the site. No landslides were encountered at the site or mapped within the immediate areas influencing the project development. Landslides are not anticipated to impact the site. b) No Impact. The topography of the site is generally flat with elevations ranging from approximately 75 feet above mean sea level (msl) in the eastern portion of the site to approximately 50 feet msl at the west side of the site. The project's compliance with standards in the City's Excavation and Grading Ordinance that prevent erosion through vegetative planting and installation of temporary erosion control means will avoid substantial soil erosion impacts. c) Less than Significant Impact. See Section a.i to a.iii above. d) Less Than Significant Impact. A geotechnical investigation of the project site was prepared to provide subsurface information and geotechnical recommendations specific to the proposed project. According to the report, the project site is underlain by units of soils consisting of undocumented fill, Quaternary-aged terrace deposits and Tertiary-age Santiago Formation. The predominant soil type at-grade within the proposed project site is undocumented fill that has been imported to the site. The imported material is unsuitable for development and will require complete removal and recompaction. Through the implementation of the geotechnical design recommendations outlined in the report, the development of the site is considered feasible and impacts from expansive soils are low. e) No Impact. The proposed project does not propose septic tanks and will utilize the public sewer system. Therefore, there will be no impacts involving soils that support the use of septic tanks or alternative wastewater disposal systems. 11 Rev. I 2/13/07 GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03 Carlsbad Encina Auto Plaza VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (1) b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? ( 1) c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? (1) d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? (1) e) 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? (1) 1) 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? (1) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (1) h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (1) Potentially Significant Impact □ □ □ □ q □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ Less Than Significant Impact □ □ □ □ □ □ □ □ No Impact a -h) Less Than Significant Impact. The auto related project does not involve significant amounts of hazardous materials nor will it have the potential to release hazardous materials. The site is not located within one-quarter mile of an existing or proposed school and is not located on a listed hazardous materials site. The site is neither within the Airport Land Use Compatibility Plan for the McClellan-Palomar Airport nor within the vicinity of a private airstrip. The project would not impact any emergency response plan or evacuation plan as the project is not 12 Rev. 12/13/07 GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03 Carlsbad Encina Auto Plaza identified as an evacuation shelter or impede movement along primary evacuation routes. The site does not have, or is adjacent to, wildlands which could cause a fire hazard. VIII. HYDROLOGY AND WATER QUALITY-Would the project: a) Violate any water quality standards or waste discharge requirements? (9 and I 0) b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (8, 9 and 10) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on-or off-site? (9 and 10) d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on-or off-site? (9 and 10) e) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (9 and 10) f) Otherwise substantially degrade water quality? (9 and 10) g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? (9 and 10) h) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? (9 and 10) 13 Potentially Significant Impact □ □ □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ Less Than Significant Impact □ □ □ No Impact □ □ □ □ □ Rev. 12/13/07 GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03 Carlsbad Encina Auto Plaza i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? (9 and 10) j) Inundation by seiche, tsunami, or mudflow? (8, 9 and 10) k) Increase erosion (sediment) into receiving surface waters. (9 and 10) 1) Increase pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g. temperature, dissolved oxygen or turbidity? (9 and 10) m) Change receiving water quality (marine, fresh or wetland waters) during or following construction? (9 and 10) n) Increase any pollutant to an already impaired water body as listed on the Clean Water Act Section 303( d) list? (9 and 10) o) Increase impervious surfaces ancj associated runoff? (9 and 10) p) Impact aquatic, wetland, or riparian habitat? (9 and 10) q) Result in the exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? (9 and 10) Potentially Significant Impact □ □ □ □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ Less Than Significant Impact □ □ IZl IZl □ No Impact IZl □ □ □ □ □ □ a) Less than Significant Impact. The subject property is required by law to comply with all federal, state and local water quality regulations, including the Clean Water Act, California Administrative Code Title 23, and specific basin plan objectives identified in the "Water Quality Control Plan for San Diego Basin." (WQCP) The WQCP contains specific objectives for the Carlsbad Hydrologic Unit which includes the requirement to comply with National Pollutant Discharge Elimination System (NPDES) and Best Management Practices (BMP's). The project must also obtain a NPDES permit prior to construction. The permit will require the project to develop and implement specific erosion control and BMPs to protect downstream water quality. These plans will ensure acceptable water quality standards will be maintained both during the construction phase as well as post- development. b) No Impact. This project does not propose to directly draw any groundwater. The project will be served via existing public water distribution lines adjacent to the site. c -f) Less than Significant Impact. The Storm Water Management Plan for Carlsbad Encina AutoPlaza, dated February 6, 2008 and The TM Drainage Study for Carlsbad Encinas Auto Plaza, Dated February 6, 2008, indicate 14 Rev. 12/13/07 GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03 Carlsbad Encina Auto Plaza that the proposed design does not adversely affect surrounding properties and the storm drain system adequately drains the proposed project in a I 00-year storm event. Construction of the proposed project improvements is required by law to comply with all federal, state and local water quality regulations, including the Clean Water Act and associated NPDES regulations and temporary impacts associated with the construction operation will be mitigated. The project will not result in permanent or long term degradation of water quality as a result of the proposed pollution control program. g -i) No Impact. The project site is not located within a I 00-year flood hazard area according to the Flood Insurance Rate Map. Therefore, the proposed project will not result in the placement of housing or structures and within a 100-year flood hazard area. According to the City of Carlsbad Geotechnical Hazards Analysis and Mapping Study, November 1992, the site is not located within any dam failure inundation area. j) No Impact. The project site is located approximately 1000 feet east of the Pacific Ocean with a minimum elevation at the site of approximately 60 feet MSL. Therefore, there is no potential of a tsunami or seiche inundating the site. k) Less than Significant Impact. The construction phase of the project could result in increased erosion. However, as a result of the NPDES permit requirements associated with the proposed project, no significant increase in erosion (sediment) into receiving surface waters will result from the project. Urban runoff from the proposed development will be channeled into the appropriate storm drain receptors as indicated in the project's The TM Drainage Study for Carlsbad Encina Auto Plaza, Dated February 6, 2008. The greatest potential for short-term water quality impacts to the drainage basin would be expected during and immediately following the grading and construction phases of the project, when cleared and graded areas are exposed to rain and storm water runoff. Standard conditions require compliance with NPDES sediment control requirements during the construction phase and implementation of the grading construction BMP's for the project. I -n) Less than Significant Impact. The Storm Water Management Plan/or Carlsbad Encina Auto Plaza and The TM Drainage Study for Carlsbad Encina Auto Plaza, indicate that Standard Storm Water Permanent BMPs will be incorporated into the project design to address water quality for the project. Pollutants of concern will be addressed through four different BMPs: Site Design BMPs, Source Control BMPs, BMPs for Individual Priority Project Categories (Encinas Auto Plaza), and Treatment Control BMPs. Site Design BMPs will control post development peak storm runoff discharge rates and velocities to maintain or reduce pre-development downstream erosion and Source Control BMPs will consist of measures to prevent polluted runoff. BMPs will include permeable pavements, grassy landscape swales, StormTech Isolator Row units, CDS Units, and covered trash enclosures. As a result of these project design features, there will be less than significant impact to water quality, site erosion, and pollutant discharge, and no receiving water quality will be adversely affected through implementation of the proposed project. o) Less than Significant Impact. The site has been designed to not increase post-development runoff characteristics ( existing: 21. 7 cfs (I 00 yr); proposed 21. 7 cfs (I 00 yr)). p) Less than Significant Impact. The project's runoff will be released into a grassy swale or other acceptable Treatment Control BMP where it will be filtered and released into the public storm drain. As a result of these project design features, runoff from the site will not adversely impact aquatic, wetland or riparian habitat. q) No Impact. The Geotechnical Investigation indicates that a perched groundwater table was encountered at approximately 40 feet MSL (20 feet below surface). Groundwater and/or seepage-related problems are not expected. Surface drainage should be directed into properly designed drainage structures and away from pavement edges, building pads, and other moisture-sensitive improvements. The project will not result in the exceedence of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses. 15 Rev. 12/13/07 GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03 Carlsbad Encina Auto Plaza IX. LANDUSE AND PLANNING -Would the project: Potentially Significant Impact a) Physically divide an established community? D b) Conflict with any applicable land use plan, D policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any conservation plan or conservation plan? applicable habitat natural community □ Potentially Significant Unless Less Than Mitigation Significant No Incorporated Impact Impact □ □ ~ □ □ ~ □ □ a and b) No Impact. The development of the site will not divide any existing communities as the site is located adjacent to a sewer treatment facility and is adjacent to interstate 5. The project does propose a Land Use and Zone Change from Planned Industrial/Office to Regional Commercial and Public Utility. The site's original Land Use designation would have allowed industrial development or professional office development. The development of the site as a Regional Commercial use would have similar development impacts as the proposed project and will comply with all Land Use Plans, Policies, and Resolutions adopted to avoid or mitigate environmental impacts. c) No Impact. The site is identified in the City's adopted Habitat Management Plan as "developed land." X. MINERAL RESOURCES -Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Potentially Significant Impact □ □ Potentially Significant Unless Mitigation Incorporated □ □ Less Than Significant No Impact Impact □ □ a) No Impact. The site is not identified in the Geotechnical Hazards Analysis Mapping Study as having a mineral resource of value to the region or residents of the State. b) No Impact. The project site is located in an area that may contain soil material that is suitable for beach sand replenishment as defined in the Carlsbad Opportunistic Beach Fill Program (COBFP) adopted by the Planning Commission on May 17, 2006 (SUP 04-13). The development of the site which has the potential to produce sand material is not identified as an impact, but as an opportunity for the City to replenish lost beach sand from the natural erosion processes. Prior to the issuance of a grading permit, and as a part of the grading plan preparation, the developer shall test the soil material to be exported from the 16 Rev. 12/13/07 GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03 Carlsbad Encina Auto Plaza project site to determine the materials suitability for sand replenishment pursuant to the requirements of the COBFP. If the material is deemed suitable for beach replenishment the developer is encouraged to comply with the process outlined in the COBFP to transport and place the beach quality material on the beach site identified in the COBFP. XI. NOISE -Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? (11) b) Exposure of persons to or generation of excessive groundboume vibration or groundboume noise levels? (11) c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? (11) d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (11) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? t) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Potentially Significant Impact □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ Less Than Significant Impact □ □ □ □ □ □ No Impact a -t) No Impact. The Acoustical Site Assessment Hoehn Carlsbad-Encinas Auto Plaza Carlsbad found that projected noise levels at the project boundary will range from 52 to 62 dBA Ldn, which would comply with the City's Noise Guidelines. 17 Rev. 12/13/07 GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03 Carlsbad Encina Auto Plaza XII. POPULATION AND HOUSING -Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Potentially Significant Impact □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ Less Than Significant Impact □ □ □ No Impact a -c) No Impact. The project is a regional commercial service use and will not promote substantial growth. There are no existing homes or persons to be displaced. XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? Potentially Significant Impact □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ Less Than Significant Impact □ □ □ □ □ No Impact C8J C8J C8J C8J C8J a) No Impact. The City's General Plan and Growth Management Program anticipated the site to be developed with Industrial or Professional office buildings. The proposed Land Use change to commercial auto sales 18 Rev. 12/13/07 GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03 Carlsbad Encina Auto Plaza development will reduce the facilities demand. Existing facilities are adequate to accommodate the proposed commercial use. XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Potentially Significant Impact □ □ Potentially Significant Unless Mitigation Incorporated □ □ Less Than Significant Impact □ □ No Impact a and b) No Impact. The project does not generate a demand for use ofneighborhood or regional parks. No recreation facilities are included or required to be constructed as part of the project. XV. TRANSPORTATION/TRAFFIC -Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses ( e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in insufficient parking capacity? 19 Potentially Significant Impact □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ Less Than Significant Impact □ □ □ □ □ No Impact □ □ Rev. 12/13/07 GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03 Carlsbad Encina Auto Plaza g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus tum-outs, bicycle racks)? Potentially Significant Impact □ Potentially Significant Unless Mitigation Incorporated □ Less Than Significant Impact □ No Impact IZI a) Potentially Significant Impact Unless Mitigation Incorporated. A traffic impact analysis was prepared for the Hoehn Carlsbad -Encinas Auto Plaza project by Iteris, dated February 2007. The project will generate 10,376 Average Daily Trips (ADT) and 544 AM and 830 PM peak hour trips. This traffic will utilize the following roadways: Palomar Airport Rd., Avenida Encinas, Poinsettia Ln and Paseo Del Norte. Existing traffic, peak hour level, design capacity(ies), project traffic, and percent of the existing traffic volume and the design capacity respectively on these arterials are shown in the table below. Roadway Existing volume Capacity Project volume % of existing/% of (ADT) Capacity Palomar Airport Rd 60,000 vehicles 60,000 3,806 6.34 I 6.34 A venida Encinas 8,700 40,000 5,764 66 I 6.34 Poinsettia Ln 37,000 40,000 4,459 12 / 11 Paseo Del Norte 15,500 20,000 544 3.6 I 2.1 The project had significant impacts at some of the analyzed intersections, but no impact along any of the analyzed street segments. The intersections where significant project related impacts are expected include: A venida Encinas and Palomar Airport Rd and Avenida Encinas and Poinsettia Lane. The project's impact can be mitigated by installing additional turn lanes, modified traffic signal phasing and/or striping. To mitigate the project's projected traffic impacts, the following measures are required: At A venida Encinas and Palomar Airport Rd, install northbound right-tum overlap traffic signal phasing and Traffic Impact Fee contributions. A venida Encinas and Poinsettia Lane, restripe the southbound approach to provide a second left-tum lane and 350 feet of turning vehicles lane storage and modify traffic signal. Avenida Encinas and Project Driveway/Coaster Station, Install traffic signal, develop the full General Plan Circulation Element roadway cross-section including north and southbound left tum lanes with up to 250 feet of left- turning vehicle storage, and one inbound and two outbound right tum lanes only up 250 feet in length on the driveway approach. b) Less Than Significant Impact. SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and one highway segment in Carlsbad as part of the regional circulation system. The existing LOS on these designated roads and highway in Carlsbad is: Rancho Santa Fe Road El Camino Real Palomar Airport Road SR 78 LOS "A-D" "A-D" "A-D" "F" The Congestion Management Program's (CMP) acceptable Level of Service (LOS) standard is "E", or LOS "F" if that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS "F" in 1990). Accordingly, all designated roads and highway 78 is currently operating at or better than the acceptable standard LOS. 20 Rev. 12/13/07 GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03 Carlsbad Encina Auto Plaza Achievement of the CMP acceptable Level of Service (LOS) "E" standard assumes implementation of the adopted CMP strategies. Based on the design capacity(ies) of the designated roads and highway and implementation of the CMP strategies, they will function at acceptable level(s) of service in the short-term and at buildout. c) No Impact. The proposed project does not include any aviation components. The project is consistent with the Comprehensive Land Use Plan for the McClellan-Palomar Airport. It would not, therefore, result in a change of air traffic patterns or result in substantial safety risks. No impact assessed. d) No Impact. All project circulation improvements will be designed and constructed to City standards; and, therefore, would not result in design hazards. The proposed project is consistent with the City's general plan and zoning. Therefore, it would not increase hazards due to an incompatible use. No impact assessed. e) No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. No impact assessed. t) No Impact. The proposed project is not requesting a parking variance. Additionally, the project would comply with the City's parking requirements to ensure an adequate parking supply. No impact assessed. g) No Impact. The site is across the street from the NCTD Poinsettia Commuter Rail Station and is served by Bus Route 321. XVI. UTILITIES AND SERVICES SYSTEMS -Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments t) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? 21 Potentially Significant Impact □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ Less Than Significant Impact □ □ □ □ □ □ No Impact Rev. 12/13/07 GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03 Carlsbad Encina Auto Plaza g) Comply with federal, state, and local statutes and regulations related to solid waste? Potentially Significant Impact □ Potentially Significant Unless Mitigation Incorporated □ Less Than Significant Impact □ No Impact ~ a -g) No Impact. The City's General Plan and Growth Management Program anticipated the site to be developed with Industrial or Professional office buildings. The proposed land use change to commercial auto sales development will reduce the facilities demand. Existing facilities are adequate to accommodate the proposed use. Existing landfills have adequate capacity to accept the solid waste generated from the project, which is not determined to be a significant contributor to the waste flow. XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ Less Than Significant Impact □ □ No Impact □ □ a) Potentially Significant Unless Mitigation Incorporated. The project does not have the potential to degrade the environment as the site is void of any significant natural resources. The site has the potential to contain subsurface cultural resources. A mitigation program which involves review of the grading plans, attendance of a archaeologist and Native American monitor at grading meetings and during the grading operation with the authority to direct grading operations to salvage resources, and curation of the resources will mitigate the impacts to a less than significant level. b) No Impact. San Diego Association of Governments (SANDAG) projects regional growth for the greater San Diego area and local general plan land use policies are incorporated into SANDAG projections. Based upon those projections, region-wide standards, including storm water quality control, air quality standards, habitat conservation, congestion management standards, etc., are established to reduce the cumulative impacts of development in the region. All of the City's development standards and regulations are 22 Rev. 12/13/07 GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03 Carlsbad Encina Auto Plaza consistent with the region wide stanqards. The City's standards and regulations, including grading standards, water quality and drainage standards, traffic standards, habitat and cultural resource protection regulations, and public facility standards, ensure that development within the City will not result in a significant cumulatively considerable impact. There are two regional issues that development within the City of Carlsbad has the potential to have a cumulatively considerable impact on. Those issues are air quality and regional circulation. As described above, the project would contribute to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, air quality would be essentially the same whether or not the development is implemented. The County Congestion Management Agency (CMA) has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the regional circulation system. The CMA had determined, based on the City's growth projections in the General Plan, that these designated roadways will function at acceptable levels of service in the short-term and at build- out. The project is consistent with the City's growth projections, and therefore, the cumulative impacts from the project to the regional circulation system are less than significant. With regard to any other potential impacts associated with the project, City standards and regulations will ensure that development of the site will not result in any significant cumulatively considerable impacts. c) Less than Significant Impact -Based upon the fact that future development of the site will comply with all City standards, the project will not result in any direct or indirect substantial adverse environmental effects on human beings. However, the project site is located in an area where human beings are exposed to potentially significant levels of vehicular traffic and light generated by project. As discussed above, any potential impacts from traffic and light can be mitigated to a level less than significant. Those mitigation measures will be incorporated as conditions of project approval. Development of the site and structures will be required to comply with all applicable Federal, State, Regional and City regulations, which will ensure that development of the site will not result in adverse impacts on human beings, either directly or indirectly. XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 23 Rev. 12/13/07 GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03 Carlsbad Encina Auto Plaza EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01). City of Carlsbad Planning Department. March 1994. 2. Carlsbad General Plan, City of Carlsbad Planning Department, dated March 1994. 3. City of Carlsbad Municipal Code, Title 21 Zoning, City of Carlsbad Planning Department, as updated. 4. Habitat Management Plan for Natural Communities in the City of Carlsbad, City of Carlsbad Planning Department, final approval dated November 2004. 5. An Agricultural Feasibility Analysis of the Lusk and Bankers Trust Properties in Carlsbad, _ California, CIC Research, Inc. October 7, 1985. Update Letter dated June 27, 1995. 6. Carlsbad Encinas Auto Plaza -Biological Constraints Letter Report, Jack Henthorn and Associates, October 19, 2006. 7. Archaeological Resources Survey, Hoehn Carlsbad-Encinas Auto Plaza Carlsbad, San Diego, California, Affinis, December 2006. 8. Geotechnical Investigation, Hoehn Mercedes-Benz Dealership, Carlsbad, California, Geocon Inc, January 5, 2006. 9. TM Drainage for Carlsbad Encinas Auto Plaza, Hunsaker and Associates, April 2, 2008. 10. Storm Water Management Plan for Carlsbad Encinas Auto Plaza, Hunsaker and Associates, April 2, 2008. 11. Outdoor Lighting Compliance Survey, Hoehn Carlsbad-Encina Auto Plaza, Carlsabd, CA, Investigative Science and Engineering, Inc., December 20, 2007 (Revised). 12. Acoustical Site Assessment Hoehn Carlsbad-Encinas Auto Plaza Carlsbad, CA, Investigative Science and Engineering, Inc., December 19, 2007 (Revised). 13. Traffic Impact Analysis, Hoehn Carlsbad -Encinas Auto Plaza, Iteris, February 2007 (Revised January, 2008) 24 Rev. 12/13/07 GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07-03 Carlsbad Encina Auto Plaza LIST OF MITIGATING MEASURES (IF APPLICABLE) 1. All lighting shall be shielded so that it does not spill onto adjacent properties and the project is conditioned to use only Low Pressure Sodium lights with onsite lighting levels not to exceed 50 foot- candles from the hours of 10:00 P.M. and 6:00 A.M. 2. The project shall pay the agricultural conversion fee on a net converted acre of land. 3. A mitigation program shall be developed consistent with the City's Cultural Resources Guidelines and the Archaeological Resources Survey prepared for the project prior to grading permit issuance. 4. To mitigate the project's projected traffic impacts, the following measures are required: a. At Avenida Encinas and Palomar Airport Rd, install northbound right-tum overlap traffic signal phasing and Traffic Impact Fee contributions. b. Avenida Encinas and Poinsettia Lane, restripe the southbound approach to provide a second left- turn lane and 350 feet oftuming vehicles lane storage and modify traffic signal. c. A venida Encinas and Project Driveway/Coaster Station, Install traffic signal, develop the full General Plan Circulation Element roadway cross-section including north and southbound left tum lanes with up to 250 feet of left-turning vehicle storage, and one inbound and two outbound right tum lanes only up 250 feet in length on the driveway approach. d. Other mitigation as outlined in the Traffic Impact Analysis, Hoehn Carlsbad -Encinas Auto Plaza, Iteris, February 2007 (Revised January, 2008). 5. The following paleontological mitigation measures shall be implemented; a. Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. b. A copy of the paleontologist's report shall be provided to the Planning Director prior to issuance of a grading permit. c. A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. d. The paleontologist shall make periodic reports to the Planning Director during the grading process and provide a final report with findings upon completion of site grading. e. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts. f. All fossils collected may be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. g. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. 25 Rev. 12/13/07 GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/SDP 07-01/CDP 07a03 Carlsbad Encinas Auto Plaza APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HA VE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. 26 Rev. 12/13/07 Page 1 of 2 PROJECT NAME: Carlsbad Encina Auto Plaza APPROVAL DATE: --=-A=p:..:...:ric:....;I2=-4..:..i.,-=2=-0-=-08=----------- FILE NUMBERS: GPA 07-01/ZC 07-01/LCPA 07-01/SP 07- 01/SOP 07-01/CDP 07-03 The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6). Mitigation Measure Prior to the issuance of a grading permit, a mitigation program shall be developed consistent with the City's Cultural Resources Guidelines and the Archaeoloqical Resources Survey prepared for the project. Project shall attenuate lighting to prevent light impacts to adjacent properties, including use of only Low Pressure Sodium lights with onsite lighting levels not to exceed 50 foot-candles shall be allowed from the hours of 10:00 P.M. and 6:00 AM. The project shall pay the agricultural conversion fee on a net converted acre of land. The project had significant impacts at some of the analyzed intersections, but no impact along any of the analyzed street segments. The intersections where significant project related impacts are expected include: Avenida Encinas and Palomar Airport Rd and Avenida Encinas and Poinsettia Lane. The project's impact can be mitigated by installing additional turn lanes, modified traffic signal phasing and/or striping. To mitigate the project's projected impacts, the following measures are required: At Avenida Encinas and Palomar Airport Rd, install northbound right-turn overlap traffic signal phasing and Traffic Impact Fee contributions. Avenida Encinas and Poinsettia Lane, restripe the southbound approach to provide a second left-turn lane and 350 feet of turning vehicles lane storage and modify traffic signal. Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Monitoring Type Project Project Project Project Monitoring Shown on Verified Remarks Department Plans Implementation Planning No Planning Yes Planning No Engineering Yes/No Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD·_ Appendix P. Page 2 of 2 Mitigation Measure Avenida Encinas and Project Driveway/Coaster Station, Install traffic signal, develop the full General Plan Circulation Element roadway cross-section including north and southbound left turn lanes with up to 250 feet of left-turning vehicle storage, and one inbound and two outbound right turn lane only up to 250 feet in lenqth on the driveway aooroach. Monitoring Type The following paleontological mitigation measures shall be Project implemented; a. Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. b. A copy of the paleontologist's report shall be provided to the Planning Director prior to issuance of a grading permit. c. A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. d. The paleontologist shall make periodic reports to the Planning Director during the grading process. e. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts. f. All fossils collected may be donated to a public, non- profit institution with a research interest in the materials, such as the San Diego Natural History Museum. g. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Monitoring Department Planning Shown on Plans No Verified Implementation Remarks Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD -Appendix P. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 6444 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN FROM PLANNED INDUSTRIAL/OFFICE TO REGIONAL COMMERCIAL AND PUBLIC UTILITIES ON A 28.3-ACRE PARCEL GENERALLY LOCATED ON THE EAST SIDE OF A VENIDA ENCINAS BETWEEN PALOMAR AIRPORT ROAD AND POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: CARLSBAD EN CINA AUTO PLAZA CASE NO.: GPA 07-01 WHEREAS, Hoehn Avenida Encinas, LLC, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by The Encina Wastewater Authority, a California public agency, "Owner," described as That portion of Section 20, Township 12 South, Range 4 west, San Bernardino Base and Meridian, according to official Plat thereof and that portion of La Costa Downs Unit No. 1, according to Map thereof No. 2013, filed in the Office of the County Recorder of San Diego County, April 26, 1927. ("the Property"); and WHEREAS, said verified application constitutes a request for a General Plan Amendment as shown on Exhibit(s) "GPA 07-01" dated September 3, 2008, attached hereto and on file in the Carlsbad Planning Department, CARLSBAD ENCINA AUTO PLAZA - GPA 07-01, as provided in Government Code Section 65350 et. seq. and Section 21.52.150 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on September 3, 2008, hold a duly noticed public hearing as prescribed by law to consider said request; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the General Plan Amendment. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) B) That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CARLSBAD ENCINA AUTO PLAZA - GPA 07-01, based on the following findings: Findings: 1. 2. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated September 3, 2008 including, but not limited to the following: Land Use: The proposed amendment to change the Land Use designation of a 25.08-acre site from Planned Industrial/Office (PI/O) to Regional Commercial (R) is for the purpose of developing an automotive sales facility. The proposed Regional Commercial designation would be compatible with the adjacent Planned Industrial/Office and Public Utilities land use designated properties. Land Use: The proposed amendment to change the Land Use designation of a 3.22-acre site from Planned Industrial/Office (PI/O) to Public Utilities (U) would be compatible with adjacent Public Utilities and proposed Regional Commercial Land Use designated properties. Circulation: The change of Land Use to Regional Commercial and Public Utilities does not significantly increase the projected traffic generation. Improvements to intersections and roadways are proposed which will reduce the impacts of the project. The existing A venida Encinas, Poinsettia Lane and Palomar Airport Road roadways are adequate to handle the traffic generated by the proposed commercial use. Circulation: That the proposed street vacations for La Costa Blvd., La Loma Blvd., Maricopa Blvd., Alamo Rd., Capistrano Rd., Ramona Rd., Lomita Rd., Montecito Rd., and La Jolla Rd. are consistent with the General Plan in that: the roadways do not provide access to any other parcels; the roadways are not identified in the Circulation Element; and the street vacations will not disrupt the local traffic patterns as the streets do not exist. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed, and considered Mitigated Negative Declaration Carlsbad Encina Auto Plaza, the environmental impacts therein identified for this project and said comments thereon, and the Program, on file in the Planning Department, prior to RECOMMENDING ADOPTION of the project; and b. the Mitigated Negative Declaration and the Program have been prepared in accordance with requirements of the . California Environmental Quality Act, the PC RESO NO. 6444 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. C. State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and d. based on the EIA Part II and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on the environment. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 1. 2. 3. 4. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this General Plan Amendment. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the General Plan Amendment documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements oflaw. 5. . Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this General Plan Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or non- PC RESO NO. 6444 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. This approval is granted subject to the adoption of the Mitigated Negative Declaration and approval of ZC 07-01, LCPA 07-01, SP 07-01, PDP 01(1), SDP 07-01, and CDP 07-03 and is subject to all conditions contained in Planning Commission Resolutions No. 6445, 6446, 6447, 6448, 6449, 6450, and 6451 and the administrative approval and conditions of approval ofMS 07-09 and PUD 08-03 for those other approvals. PASS ED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on September 3, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6444 -4- GPA 07-01 EXHIBIT "GPA 07-01" 9/3/2008 Carlsbad Encina Auto Plaza EXISTING PROPOSED Related Case File No(s): GPA 07-01 / ZC 07-01 / LCPA 07-01 / SP 07-01 / PDP 01 (ll / SDP 07-01 / <}lP 07-03 General Plan Mao Desianation Chanoes Propertv From: To: Prooertv From To: . A. 214-010-96 Pl/O u H. 214-053-02 Pl/O R/U B. 214-031-03, 09, 10, 11 & 13 Pl/O R I. 214-054-04 Pl/O R .. c. 214-034-02 Pl/O R J. 214-061-21 Pl/O R -D. 214-035-01 Pl/O R K. 214-062-21 Pl/O R E. 214-036-01 Pl/O R L. 214-063-21 Pl/O R -F. 214-051-02 Pl/O R/U M. 214-064-21 Pl/O R " G. 214-052-02 Pl/O R/U N. 214-065-21 Pl/O R 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 6446 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM PLANNED INDUSTRIAL/OFFICE TO PUBLIC UTILITY AND GENERAL COMMERCIAL ON A 28.3-ACRE PARCEL GENERALLY LOCATED ON THE EAST SIDE OF A VENIDA ENCINAS BETWEEN PALO MAR AIRPORT ROAD AND POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: CARLSBAD ENCINA AUTO PLAZA CASE NO: ZC 07-01 WHEREAS, Hoehn A venida Encinas LLC, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Encina Wastewater Authority, a California public agency, "Owner," described as That portion of Section 20, Township 12 South, Range 4 west, San Bernardino Base and Meridian, according to official Plat thereof and that portion of La Costa Downs Unit No. 1, according to Map thereof No. 2013, filed in the Office of the County Recorder of San Diego County, April 26, 1927. ("the Property"); and WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit(s) "ZC 07-01" dated September 3, 2008, attached hereto and on file in the Planning Department, CARLSBAD ENCINAS AUTO PLAZA -ZC 07-01, as provided by Chapter 21.52 of the Carlsbad Municipal Code; and WHEREAS, the proposed Zone Change (ZC 07-01) is set forth in draft City Council Ordinance, Exhibit "X", dated September 3, 2008 and attached hereto as CARLSBAD ENCINA AUTO PLAZA: and WHEREAS, the Planning Commission did, on September 3, 2008 , hold a duly noticed public hearing as prescribed b) law to consider said request; and WHEREAS, at said pt,blic hearing, upon hearing and considering all testimony and arguments, if any, of all persons d .:siring to be heard, said Commission considered all factors relating to the Zone Change. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CARLSBAD ENCINAS AUTO PLAZA - ZC 07-01 based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. That the proposed Zone Change from Planned Industrial/Office to Public Utility and General Commercial is consistent with the goals and policies of the various elements of the General Plan, in that the Public Utility zone will allow for the development of public facilities to preserve the quality of life for residents, maintain waste disposal and reclamation systems for the projected population, and responsibly deal with the disposal of liquid waste water. The General Commercial zoning is consistent with the Land Use Element in that it will support and enhance the economic viability of the community, will be compatible with the adjacent Utility and Commercial land uses, and is located along a Circulation Element roadway and adjacent to the Interstate 5 corridor. That the Zone Change will provide consistency between the General Plan and Zoning as mandated by California State law and the City of Carlsbad General Plan Land Use Element, in that' the Public Utility Zoning designation implements the Public Utilities General Plan Land Use designation and the General Commercial Zoning implements the Regional Commercial Land Use designation. That the Zone Change is consistent with the public convenience, necessity, and general welfare, and is consistent with sound planning principles in that the proposed location is necessary and desirable to provide quality commercial development to serve the employment, shopping, and service needs of the community, which will contribute to the economic development of the community. The proposed uses will not be detrimental to the health, safety, or welfare of persons working or living in the vicinity, or injurious to property or improvements in the vicinity in that adequate separation of uses is proposed. The site is located along A venida Encinas, a Circulation Element roadway, and has adequate capacity to serve the site. The Public Utility zone will allow for the continued use of the property for reclaimed water treatment facilities to provide a necessary public use (reclaimed water treatment). The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed, and considered Mitigated Negative Declaration Carlsbad Encina Auto Plaza, the environmental impacts therein identified for this project and said comments thereon, and the Program, on file in the Planning Department, prior to RECOMMENDING ADOPTION of the project; and PC RESO NO. 6446 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. b. the Mitigated Negative Declaration and the Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and c. they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and d. based on the EIA Part II and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on the environment. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 1. 2. 3. 4. 5. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Zone Change. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Zone Change documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements oflaw. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly PC RESO NO. 6446 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. or indirectly, from (a) City's approval and issuance of this Zone Change, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. This approval is granted subject to the adoption of the Mitigated Negative Declaration and approval of GPA 07-01, LCPA 07-01, SP 07-01, PDP 01(1), SOP 07-01, and CDP 07-03 and is subject to all conditions contained in Planning Commission Resolutions No. 6445, 6444, 6447, 6448, 6449, 6450, and 6451 and the administrative approval and conditions of approval of MS 07-09 and PUD 08-03 for those other approvals. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/ exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 6446 -4- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASS ED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on September 3, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6446 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 follows: ORDINANCE NO. __ _ Exhibit "X" September 3, 2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 07-01, FROM PLANNED INDUSTRIAUOFFICE TO PUBLIC UTILITY (U) AND GENERAL COMMERCIAL (C-2) ON A 28.3-ACRE PARCEL GENERALLY LOCATED ON THE EAST SIDE OF AVENIDA ENCINAS BETWEEN PALOMAR AIRPORT ROAD AND POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: CARLSBAD ENCINA AUTO PLAZA CASE NO.: ZC 07-01 The City Council of the City of Carlsbad, California, does hereby resolve as SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the zoning map, is amended as shown on the map marked Exhibit "ZC 07-01," dated September 3, 2008 attached hereto and made a part hereof. SECTION II: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 6446 constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days after its adoption but not until Local Coastal Program Amendment LCPA 07-01 is approved by the California Coastal Commission, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. ·· 1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E:xhibit "X" September 3, 2008 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the __ day of _____ 2008, by the following vote, to wit: AYES: NOES: ABSENT: CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -2- zc 07-01 0 \~ \., <~ ~ '-.."'o i' ----~' ~, tl \i 0 '1l <'&, P-U \ EXHIBIT "ZC 07-01" 9/3/2008 Carlsbad Encina Auto Plaza EXISTING LY C-\ ' ;L--'--'-'--\-~ 1==r==--\ PROPOSED Related Case File No(s): GPA 07-01 / ZC 07-01 / LCPA 07 .. 01 / SP 07-01 I PDP 01 (I) I SDP 07-0111,;DP 07-03 Zoninq Desiqnalion Chanqes Property From: To: Property From: To: A. 214-010-96 P-M/O P-U H. 214-053-02 P-M/O C-2/P-U B. 214-031-03, 09, 10, 11 & 13 P-M/O C-2 I. 214-054-04 P-M/O C-2 -c. 214-034-02 P-M/O C-2 J. 214-061-21 P-M/O C-2 -D. 214-035-01 P-M/O C-2 K. 214-062-21 P-M/O C-2 -E. 214-036-01 P-M/O C-2 L. 214-063-21 P-M/O C-2 F. 214-051-02 P-M/O C-2/P-U M. 214-064-21 P-M/O C-2 G. 214-052-02 P-M/O C-2/P-U N. 214-065-21 P-M/O C-2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 6447 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY • OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM TO BRING THE DESIGNATIONS ON THE LOCAL COASTAL PROGRAM, GENERAL PLAN, AND ZONING MAP INTO CONFORMANCE AND TO ADOPT SP 07-01 AS THE IMPLEMENTING ORDINANCE OF THE LOCAL COASTAL PROGRAM ON PROPERTY LOCATED ON THE EAST SIDE OF A VENIDA ENCINAS BETWEEN PALOMAR AIRPORT ROAD AND POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: CARLSBAD ENCINA AUTO PLAZA CASE NO: LCPA 07-01 WHEREAS, California State law requires that the Local Coastal Program, General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and WHEREAS, Hoehn A venida Encinas LLC, "Developer," has filed a verified application for an amendment to the Local Coastal Program designations regarding property owned by The Encina Wastewater Authority, a California public agency, "Owner," described as That portion of Section 20, Township 12 South, Range 4 west, San Bernardino Base and Meridian, according to official Plat thereof and that portion of La Costa Downs Unit No. 1, according to Map thereof No. 2013, filed in the Office of the County Recorder of San Diego County, April 26, 1927. ("the Property"); and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibit(s) "LCPA 07-01" dated September 3, 2008, attached hereto, as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal Commission Administrative Regulations; and WHEREAS, the Planning Commission did on September 3, 2008, hold a duly noticed public hearing as prescribed by law to consider said request; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Local Coastal Program Amendment; and WHEREAS, State Coastal Guidelines requires a six-week public review period for any amendment to the Local Coastal Progrm:n. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) B) C) That the foregoing recitations are true and correct. At the end of the State-mandated six-week review period, starting on April 18, 2008 and ending on May 30, 2008, staff shall present to the City Council a summary of the comments received. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CARLSBAD ENCINA AUTO PLAZA - LCPA 07-01 based on the following findings, and subject to the following conditions: Findings: 1. 2. 3. That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Mello II segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that no impacts to any physical features, such as scenic resources, environmentally sensitive areas, or geologic features, will occur as none exist on the flat and previously disturbed site. No distant or coastal views would be obstructed. Interstate 5 does not afford any coastal views as the roadway is below the elevation of the subject property. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal Program is required to bring it into consistency with the City's General Plan Land Use . Map, Zoning Map (as amended), and Mello II Implementation (the zoning map) into conformance. That the Carlsbad Encina Auto Plaza Specific Plan (SP 07-01) is the implementing ordinance for the Local Coastal Program. Conditions: 1. This approval is granted subject to the adoption of the Mitigated Negative Declaration and approval of GPA 07-01, ZC 07-01, SP 07-01, PDP 01(1), SDP 07-01, and CDP 07-03 and is subject to all conditions contained in Planning Commission Resolutions No. PC RESO NO. 6447 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 . 18 19 20 21 22 23 24 25 26 27 28 6445, 6444, 6446, 6448, 6449, 6450, and 6451 and the administrative approval and conditions of approval of MS 07-09 and PUD 08-03 for those other approvals. PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning Commission of the City of Carlsbad, held on ~eptember 3, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6447 -3- EXHIBIT "LCPA 07-01 (Land Use)" 9/3/2008 LCPA 07-01 (Land Use) Carlsbad Encina Auto Plaza EXISTING PROPOSED Related Case File No(sJ: GPA 07-01 / ZC 07-01 / LCPA 07-011 SP 07-011 PDP 01 (11 / SDP 07-01 / CDP 07-03 LCPA Land Use Desionalcon Chanaes Prooertv From: To: Prooertv From: To: A. 214-010-96 Pl/O u H. 214-053-02 Pl/O R/U B. 214-031-03, 09, 10, 11 & 13 Pl/O R I. 214-054-04 Pl/O R C. 214-034-02 Pl/O R J. 214-061-21 Pl/O R D. 214-035-01 Pl/O R K. 214-062-21 Pl/O R E. 214-036-01 Pl/O R L. 214-063-21 Pl/O R F. 214-051-02 Pl/O R/U M. 214-064-21 Pl/O R .. G. 214-052-02 Pl/O R/U N. 214-065-21 Pl/O R LCPA 07-01 (Zoning) EXHIBIT "LCPA 07-01 (Zoning)" 9/3/2008 Carlsbad Encina Auto Plaza EXISTING PROPOSED Related Case File No(s): GPA 07-01 / ZC 07-01 / LCPA 07-01 / SP 07-01 / PDP 01 (I)/ SDP 07-01 / ('.J)P 07-03 LCPA Zoning Designation Changes Property From: To: Property From: To: A. 214-010-96 P-M/0 P-U H. 214-053-02 P-M/(1 C-2/P-U B. 214-031-03, 09, 10, 11 & 13 P-M/0 C-2 I. 214-054-04 P-M/0 C-2 C. 214-034-02 P-M/0 C-2 J. 214-061-21 P-M/J C-2 D. 214-035-01 P-M/0 C-2 --~-214-062-21 P-M/.) C-2 E. 214-036-01 P-M/0 C-2 f -· 214-063-21 P-M/r_, C-2 F. 214-051-02 P-M/0 C-2/P-U h,1. 214-064-21 P-Mn C-2 G. 214-052-02 P-M/0 C-2/P-U irJ. 214-065-21 P-M,Cl C-2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 6448 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SPECIFIC PLAN NO. 07-01 TO DEVELOP A 25.08-ACRE PARCEL INTO THREE SEPARATE PARCELS FOR AN AUTOMOTIVE AND OTHER MOTOR VEHICLE SALES FACILITY LOCATED ON THE EAST SIDE OF A VENIDA ENCINAS BETWEEN PALOMAR AIRPORT ROAD AND POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: CARLSBAD ENCINA AUTO PLAZA CASE NO.: SP 07-01 WHEREAS, Hoehn Avenida Encinas LLC, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by The Encina Wastewater Authority, a California public agency, "Owner," described as That portion of Section 20, Township 12 South, Range 4 west, San Bernardino Base and Meridian, according to official Plat thereof and that portion of La Costa Downs Unit No. 1, according to Map thereof No. 2013, filed in the Office of the County Recorder of San Diego County, April 26, 1927. ("the Property"); and WHEREAS, said verified application constitutes a request for a Specific Plan as shown on Exhibit(s) "SP 07-01" dated September 3, 2008, on file in the Carlsbad Planning Department, CARLSBAD ENCINA AUTO PLAZA -SP 07-01 as provided by Government Code Section 65453; and WHEREAS, the proposed Specific Plan -SP 07-01 is set forth and attached in the draft City Council Ordinance, Exhibit "Z" dated, September 3, 2008, and attached hereto as CARLSBAD ENCINA AUTO PLAZA SPECIFIC PLAN-SP 07-01; and WHEREAS, the Planning Commission did, on September 3, 2008, hold a duly noticed public hearing as prescribed by law to consider said request; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Specific Plan; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That .the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CARLSBAD EN CINA AUTO PLAZA - SP 07-01 based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. The Planning Commission finds that the project, as described and conditioned herein for the creation of a Specific Plan (SP 07-01), is consistent with the provisions of the General Plan based on the following: a. b. Land Use -The project proposes a General Plan Amendment from Planned Industrial/Office (PI/O) to Regional Commercial (C) and a Specific Plan (SP) to allow for the development of automotive sales facility uses. The proposed Regional Commercial designation would be compatible with the adjacent Planned Industrial/Office and Public Utilities land use designated properties. Circulation -The proposed Specific Plan would not result in any unavoidable adverse impacts to the area. Development within the proposed Specific Plan area will implement identified circulation improvements to mitigate for any possible traffic impacts to Poinsettia Lane and Avenida Encinas. The project is consistent with the applicable policies and programs of the General Plan. The proposed plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the Specific Plan as identified in the Mitigated Negative Declaration will not cause any significant impacts to the public health, safety, and welfare. The Specific Plan provides for the design, development, and operation of an auto sales and service facility. All necessary public facilities can be provided concurrent with need, and adequate provisions have been provided to implement those portions of the capital improvement program applicable to the subject property in that all projects within the Specific Plan area have been or will be conditioned to implement required infrastructure improvements consistent with the Zone 22 LFMP. The proposed commercial and public utility uses will be appropriate in area, location, and overall design to the purpose intended in that the uses will serve workers and citizens of the City of Carlsbad. The design and development standards are such as to create an PC RESO NO. 6448 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. 11. 12. environment of sustained desirability and stability. Such development will meet performance standards established by this title in that the Specific Plan requires project compliance above the development standards of the General Commercial (C) Zone and also provides general site and architectural design guidelines. The streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon in that the Specific Plan area, with mitigation measures, will not generate any significant increase in average daily vehicle trips and the existing roadways (Avenida Encinas and Poinsettia Lane) are capable of handling the proposed vehicle trips. Any proposed commercial development can be justified economically at the location proposed and will provide adequate commercial facilities of the types needed at such location proposed. The area surrounding the development is or can be planned and zoned in coordination and substantial compatibility with the development in that the site is topographically suitable for the development of Commercial type uses, as the Specific Plan area is relatively flat and has been previously disturbed for agricultural uses. Appropriate measures are proposed to mitigate any adverse environmental impact as noted in the adopted Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the project. The Carlsbad Encina Auto Plaza Specific Plan is also consistent with and implements the Local Coastal Program -Mello II Segment and the Zone 22 Local Facilities Management Plan. The proposed plan will contribute to the balance of land use so that local residents may work and shop in the community in which they live. All requirements of Government Code Sections 65450 et. Seq. have been meet and incorporated in the Carlsbad Encina Auto Plaza Specific Plan thereby demonstrating its compliance with applicable provisions of state planning and zoning laws. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said PC RESO NO. 6448 -3- 1 2 3 4 5 6 7 8 9 10. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. 5. 6. 7. 8. conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Specific Plan. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Specific Plan document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements oflaw. Developer shall implement, or cause the implementation of, the Carlsbad Encina auto Plaza Project Mitigation Monitoring and Reporting Program. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Specific Plan, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and ( c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. This approval is granted subject to the approval of the Mitigated Negative Declaration and approval of GPA 07-01, ZC 07-01, LCPA 07-01, PDP 01(1), SDP 07-01, and CDP 07-03 and is subject to all conditions contained in Planning Commission Resolutions No. 6445, 6444, 6446, 6447, 6449, 6450, and 6451 and the administrative approval and conditions of approval of MS 07-09 and PUD 08-03 for those other approvals. Prior to the issuance of any permits for the project, the applicant shall submit to the Planning Director a digital copy in a format readable by the City of Carlsbad and a camera-ready master copy of the CARLSBAD ENCINA AUTO PLAZA -SP 07-01 Specific Plan, in addition to 10 bound copies. PC RESO NO. 6448 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/ exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on September 3, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6448 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. EXHIBIT "Z" September 3, 2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING THE CARLSABD ENCINA AUTO PLAZA SPECIFIC PLAN (SP 07-01) TO DEVELOP AN AUTOMOTIVE SALES FACILITY ON 25.08- ACRES LOCATED ON THE EAST SIDE OF AVENIDA ENCINAS BETWEEN PALOMAR AIRPORT ROAD AND POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: CARLSBAD ENCi NA AUTO PLAZA CASE NO.: SP 07-01 WHEREAS, the City Council did on the ___ day of ___ , hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, said application constitutes a request for a Specific Plan as shown on Exhibit "Z" dated September 3, 2008, attached hereto and made a part hereof. WHEREAS at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said City Council considered all factors relating to the Carlsbad Encina Auto Plaza Specific Plan (SP 07-01); and NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: SECTION I: That Carlsbad Encina Auto Plaza Specific Plan (SP 07-01) dated September 3, 2008, on file in the Planning Department, and incorporated by reference herein, is approved. The Carlsbad Encina Auto Plaza Specific Plan (SP 07-01) shall constitute the development plan for the plan area and all development within the plan area shall conform to the plan. SECTION II: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 6448 shall also constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation the City of Carlsbad within fifteen days after its adoption. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 published at least once in a publication of general circulation the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at the regular meeting of the Carlsbad City Council on the ___ day of ___ , 2008, and thereafter. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the ___ day of ____ , 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -2- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 6449 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF PRECISE DEVELOPMENT PLAN AMENDMENT PDP[J(I) TO INCORPORATE EXISTING FLOW EQUALIZATION BASINS INTO THE ENCINA WASTEWATER PRECISE DEVELOPMENT PLAN ON A 3.22 ACRE PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF A VENIDA ENCINAS AND IMMEDIATELY SOUTH OF THE EXISTING ENCINAS WATER POLLUTION CONTROL FACILITY WITHIN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: ENCINA WASTEWATER AUTHORITY FLOW EQUALIZATION BASINS CASE NO.: PDP 01(1) WHEREAS, The Encina Wastewater Authority, a California public agency, "Developer" and "Owner" has filed a verified application with the City of Carlsbad regarding property described as That portion of Section 20, Township 12 South, Range 4 west, San Bernardino Base and Meridian, according to official Plat thereof and that portion of La Costa Downs Unit No. 1, according to Map thereof No. 2013, filed in the Office of the County Recorder of San Diego County, April 26, 1927. ("the Property"); and WHEREAS, said verified application constitutes a request for a Precise Development Plan Amendment as shown on Exhibit "X" dated September 3, 2008 and as shown on Exhibit(s) "A" -"V" dated August 15, 2001, on file in the Planning Department ENCINA WASTEWATER AUTHORITY FLOW EQUALIZATION BASINS -PDP 1(1) AND CUP 99-23, as provided by Chapter 21.36 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on September 3, 2008, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Precise Development Plan Amendment. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, on August 15, 2001, the Planning Commission approved, CUP 99- 23 and CDP 99-45 for the Carlsbad Water Recycling Facility, as described and conditioned in Planning Commission Resolution Nos. 5037 and 5038. WHEREAS, on November 14, 2006, the City Council approved, PDP l(H), as described and conditioned in Planning Commission Resolution No. 6168. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of PDP 1(1), based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. That the proposed Precise Development Plan Amendment is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and will not cause serious public health problems, in that the equalization basins are existing improvements approved as part of CUP 99-23. The General Plan and Zone Change of the subject property from Planned Industrial/Office to Public Utilities permits the existing improvements by right and the Conditional Use Permit 99-23 is no longer necessary to address the equalization basin portion of the project. The PDP is amended to incorporate the equalization improvements within the PDP permit. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Public Utility and General Commercial development on the General Plan, in that the existing uses are adequately screened from view and will not generate unacceptable odors, noise or other unacceptable impacts. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate the use in that the use can be contained within the site while providing all required setbacks and landscaping. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, based on the facts set forth in the staff report dated September 3, 2008. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 22 and all City public facility policies and PC RESO NO. 6449 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. 7. 8. 9. ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 22. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed, and considered Mitigated Negative Declaration Carlsbad Encina Auto Plaza, the environmental impacts therein identified for this project and said comments thereon, and the Program, on file in the Planning Department, prior to RECOMMENDING ADOPTION of the project; and b. the Mitigated Negative Declaration and the Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and c. they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and d. based on the EIA Part II and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on the environment. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a building permit or grading permit for SDP 07-01, whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of ~11 PC RESO NO. 6449 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. 5. 6. 7. 8. future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Precise Development Plan Amendment. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Precise Development Plan Amendment documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Precise Development Plan Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 22 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. This approval is granted subject to the approval of GPA 07-01, ZC 07-01, and LCPA 07-01. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the PC RESO NO. 6449 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy # 17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 22, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 6449 -5- 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASS ED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on September 3, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6449 -6- EXHIBITX SEPTEMBER 3, 2008 SITE MAP • N NOT TO SCALE ENCi NA WASTEWATER AUTHORITY PDP 1 (I) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 6450 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN, SDP 07-01, TO DEVELOP A 25.08- ACRE PARCEL INTO THREE SEP ARA TE PARCELS FOR AN AUTOMOTIVE AND OTHER MOTOR VEHICLES SALES FACILITY LOCATED ON THE EAST SIDE OF A VENIDA ENCINAS BETWEEN PALOMAR AIRPORT ROAD AND POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE22. CASE NAME: CASE NO.: CARLSBAD ENCINA AUTO PLAZA SDP 07-01 WHEREAS, Hoehn A venida Encinas LLC, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Encina Wastewater Authority, a California public agency, "Owner," described as That portion of Section 20, Township 12 South, Range 4 west, San Bernardino Base and Meridian, according to official Plat thereof and that portion of La Costa Downs Unit No. 1, according to Map thereof No. 2013, filed in the Office of the County Recorder of San Diego County, April 26, 1927. ("the Property"); and WHEREAS, said verified application constitutes a request for a Site Development Plan as shown on Exhibit(s) "A" -"II" dated September 3, 2008, on file in the Planning Department, CARLSBAD ENCINA AUTO PLAZA -SDP 07-01 as provided by Chapter 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on September 3, 2008, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 1 2 3 4 5 6 7 8 9 IO 11 12 . 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of CARLSBAD EN CINA AUTO PLAZA -SDP 07-01 based on the following findings and subject to the following conditions: Findings: I. 2. 3. 4. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the various goals and objectives of the General Plan will be implemented since the proposed project falls within a proposed Carlsbad Encina Auto Plaza Specific Plan, which is found to be consistent with the General Plan. The requested additions are properly related to the site surroundings as well as the environmental setting in that the project design complies with the requirements of the Carlsbad Encinas Auto Plaza Specific Plan. The location of the dealership buildings and support structure will not disrupt the existing vehicular circulation and A venida Encinas with mitigation is adequate to handle the traffic generated by the proposed uses. Further, the proposed uses are compatible with the existing uses in the area; therefore, the adjacent properties will not be adversely impacted. That the site for the intended use is adequate in size and shape to accommodate the use, in that the proposed buildings and the proposed uses comply with the required development and design standards of the Specific Plan. The proposed project complies with the development standards for building setbacks, building height, and parking as proposed within the Carlsbad Encina Auto Plaza Specific Plan without the need for variances. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the site functions as a component of the Specific Plan's allowed automobile sales, service, and related uses. The project has been designed in accordance with all development and design standards of the Carlsbad Encina Auto Plaza Specific Plan; therefore, the project is compatible with existing permitted and future uses. The project has been conditioned to include traffic mitigation measures and outdoor lighting restrictions to minimize potential impacts to the surrounding uses. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the primary access to the site will be provided from three driveways located off of A venida Encinas. The street system serving the proposed uses will be adequate to handle the 10,876 Average Daily Trips generated by the proposed project with the implementation of the mitigation measures. A new traffic signal is proposed at the main entrance located across from the existing Poinsettia Station Commuter Rail Station. PC RESO NO. 6450 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed, and considered Mitigated Negative Declaration Carlsbad Encina Auto Plaza, the environmental impacts therein identified for this project and said comments thereon, and the Program, on file in the Planning Department, prior to RECOMMENDING ADOPTION of the project; and b. the Mitigated Negative Declaration and the Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and c. they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and d. based on the BIA Part II and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on the environment The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit, whichever occurs first. 1. 2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Site Development Plan. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. PC RESO NO. 6450 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 4. 5. 6. 7. 8. 9. 10. 11. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements oflaw. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Site Development Plan, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal prnceedings have been concluded and continues even if the City's approval is not validated. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 22 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. This approval is granted subject to the approval of the Mitigated Negative Declaration, GPA 07-01, ZC 07-01, LCPA 07-01, SP 07-01 and CDP 07-03 and is subject to all conditions contained in Planning Commission Resolutions No. 6445, 6444, 6446, 6447, 6448 and 6451 for those other approvals and the administrative approval and conditions of approval of MS 07-09 and PUD 08-03. This approval shall become null and void if building permits are not issued for this project within 36 months from the date of approval of LCPA 07-01 by the California Coastal Commission. PC RESO NO. 6450 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. 13. 14. 15. 16. 17. 18. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 22, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Site Development Plan and Coastal Development Permit by Resolution(s) No. 6450 and 6451 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. PC RESO NO. 6450 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19. 20. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. Code Reminders: 21. 22. 23. 24. 25. 26. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/ exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this PC RESO NO. 6450 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on September 3, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6450 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 6451 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT CDP 07-03 TO DEVELOP A 25.08-ACRE PARCEL INTO THREE SEP ARA TE PARCELS FOR AN AUTOMOTIVE AND OTHER MOTOR VEHICLES SALES FACILITY LOCATED ON THE EAST SIDE OF AVENIDA ENCINAS BETWEEN PALOMAR AIRPORT ROAD AND POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: CARLSBAD ENCINA AUTO PLAZA CASE NO.: CDP 07-03 WHEREAS, Hoehn A venida Encinas LLC, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Encina Wastewater Authority, a California public agency, "Owner," described as That portion of Section 20, Township 12 South, Range 4 west, San Bernardino Base and Meridian, according to official Plat thereof and that portion of La Costa Downs Unit No. 1, according to Map thereof No. 2013, filed in the Office of the County Recorder of San Diego County, April 26, 1927. ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits "A" -"II" dated September 3, 2008, on file in the Planning Department, CARLSBAD ENCINA AUTO PLAZA -CDP 07-03, as provided by Chapter 21.201. 040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on September 3, 2008, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CDP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CARLSBAD EN CINA AUTO PLAZA - CDP 07-03 based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that no impacts to any physical features, such as scenic resources, environmentally sensitive areas, or geologic features, will occur as none exist on the flat and previously disturbed site. No distant or coastal views would be obstructed. Interstate 5 does not afford any coastal views as the roadway is below the elevation of the subject property. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that there are no public access or recreation requirements for the property. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. The property is identified as "Designated Coastal Agricultural Land" as identified on Map X and is known as the Bankers Site in the LCP. The property is also designated as a Non- prime agricultural land and is permitted to convert to urban uses subject to the provisions set fourth in the LCP. As such, the project and has been conditioned to pay the agricultural conversion mitigation fee pursuant to Option 3 -Agricultural Conversion Mitigation Fee. That the project coordinates with the Encina Wastewater Pollution Control Facilities expansion plans by preserving land for future expansion of reclaimed water storage facilities. 6. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed, and considered Mitigated Negative Declaration Carlsbad Encina Auto Plaza, the environmental impacts therein identified for this project and said comments thereon, and the Program, on file in the Planning Department, prior to RECOMMENDING ADOPTION of the project; and b. the Mitigated Negative Declaration and the Program have been prepared in accordance with requirements of the California Environmental Quality Act, the PC RESO NO. 6451 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. C. State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and d. based ori the EIA Part II and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on the environment. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a grading permit or building permit, whichever occurs first. 1. 2. 3. 4. 5. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Coastal Development Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements oflaw. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and PC RESO NO. 6451 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. 7. 8. 9. 10. 11. representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Coastal Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and • (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. This approval is granted subject to the approval of the Mitigated Negative Declaration, GPA 07-01, ZC 07-01, LCPA 07-01, SP 07-01 and SDP 07-01 and is subject to all conditions contained in Planning Commission Resolutions No. 6445, 6444, 6446, 6447, 6448 and 6450 for those other approvals and the administrative approval and conditions of approval of MS 07-09 and PUD 08-03. To offset the conversion of non-prime agricultural land to urban land uses per the requirements of the Mello II Local Coastal program, the applicant shall provide payment of an agricultural mitigation fee, the amount of which shall be $10;000 for each net converted acre of non-prime agricultural land. The amount of the fee shall be paid by the applicant prior to approval of the final map, issuance of any grading or building permit, whichever occurs first, and shall be consistent with the provisions of Carlsbad's LCP. The applicant shall apply for and be issued building permits for this project within three (3) years of approval of LCPA 07-01 by the California Coastal Commission or this coastal development permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 22, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. PC RESO NO. 6451 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. 13. The project site is located in an area that may contain soil material that is suitable for beach sand replenishment as defined in the Carlsbad Opportunistic Beach Fill program (COBFP) adopted by the Planning Commission on May 17, 2006 (SUP 04-13). Prior to the issuance of a grading permit, and as a part of the grading plan preparation, the developer shall test the soil material to be exported from the project site to determine the materials suitability for sand replenishment pursuant to the requirements of the COBFP. If the material is deemed suitable for beach replenishment the developer is encouraged to comply with the process outlined in the COBFP to transport and place the beach quality material on the beach site identified in the COBFP. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Coastal Development Permit by Resolution No. 6451 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 6451 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on September 3, 2008, by the following vote, to wit: AYES: NOES: ABSENT:. ABSTAIN: FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6451 -6- • N NOT TO SCALE CARLSBAD ENCINAAUTO PLAZA GPA 07-01 / ZC 07-01 / LCPA 07-01 / SP 07-01 / PDP 01 (I)/ SOP 07-01 / CDP 07-03 Cit~ of Carlsbad ■i€iii404i•i•l4-i¥iii4,i44ii 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, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and an 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 and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) 2. 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 10% 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person T. W. Hoehn Ill & Robert A. Hoehn Corp/Part Hoehn Avenida Encinas, LLC Title Owners Address PO Box 789 Carlsbad, CA 92018 OWNER (Not the owner's agent) Title ______________ _ Address PO Box 789 Carlsbad, CA 92018 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, include the names, titles, addresses of all individuals owning more than 10% 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 publicly- owned corporation, include the names., titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person _,_N"'"'/A'-'------------- Title ____________ _ Address ___________ _ Corp/Part The Encina Wastewater Aunthority, a California public agency Title ______________ _ Address 6200 Avenida Encinas Carlsbad, CA 92013 i 635 Faraday Dr. • Carlsbad, CA 92009-i 576 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as a trustee or beneficiary of the. Non Profit/Trust ________ _ Non Profit/Trust __________ _ 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 within the past twelve (12) months? C8] Yes D No If yes, please indicate person(s): The applicant is a sales and service Automotive business and may have some members as customers NOTE: Attach additional sheets if necessary. Ice • fy tha the above information is true and correct to the best of my knowledge. f Signature o T. W. Hoehn Ill Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 City of Carlsbad lil1F 1,1h11i·l•J4·ihHl,i4,ii 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, firm, 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 and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) 2. 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 10% 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person___________ Corp/Part. ___________ _ Title Title -------------------------- Address Address ------------------------ 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, include the names, title, addresses of all individuals owning more than 10% 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessar .) Title -1-i«i&I. Address (p3S: . fh..e,~ ju,u~ Corp/Part Title <luttt~ Address ~ ----,_,,,....-"'"'-""""'-LJ'---=::>,,_------ 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization 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 beneficiary of the. Non Profit/Trust________ Non Profit/Trust _________ _ Title Title -------------------------- Address Address ------------------------ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes D No 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. Signature of owner/date Signature of applicanVdate Print or type name of owner Print or type name of applicant . ~ ~I( re of owner/applicant's agent if applicable/date ~ d::J}Jp1icant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 12/06 Page 2 of 2 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMP ACT ASSESSMENT: FILE NAME AND NO: CARLSBAD ENCINA AUTO PLAZA-GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/ PDP 0l(I)/SDP 07-01/ CDP 07-03 LOCAL FACILITY MANAGEMENT ZONE: 22 GENERAL PLAN: -=C-=a=nd::;_U=-------- ZONING: C-2 and PU DEVELOPER'S NAME: Hoehn Avenida Encinas, LLC ADDRESS: P.O. Box 789 Carlsbad CA 92018 PHONE NO.: (760) 476-5330 ASSESSOR'S PARCEL NO.: 214-010-96, 214-031-03, 09, 10, 11, 13, 214-034-02, 214-035-0L 214-036-01, 214-051-02, 214-052-02, 214-053-02, 214-054-04, 214-061-21, 214-062-21, 214-063-21, 214-064-01, 214-065-01 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): =28"'""'.3c,__ _____ _ ESTIMATED COMPLETION DATE: """"A=SA=P~--------------- A. City Administrative Facilities: Demand in Square Footage= n/a B. Library: Demand in Square Footage= n/a C. Wastewater Treatment Capacity (Calculate with J. Sewer) 82EDU D. Park: Demand in Acreage = n/a E. Drainage: Demand in CFS = 27.3 Identify Drainage Basin = 22B F. Circulation: Demand in ADT = 10 876 G. Fire: Served by Fire Station No. = 4 H .• Open Space: Acreage Provided = 15% I. Schools: Carlsbad J. Sewer: Demands in EDU 82 Identify Sub Basin = North Batiquitos K. Water: Demand in GPD = 24 038 BACKGROUND DATA SHEET CASE NO: GPA 07-01/ZC 07-01/LCPA 07-01/SP 07-01/ PDP 01(1)/SDP 07-01/ CDP 07- 03 CASE NAME: CARLSBAD ENCINA AUTO PLAZA APPLICANT: Hoehn A venida Encinas LLC REQUEST AND LOCATION: Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; a recommendation of approval for a General Plan Amendment to change the General Plan Land Use designation from Planned Industrial/Office to Regional Commercial and Public Utilities, a Zone Change from Planned Industrial/Office to General Commercial and Public Utility, a Local Coastal Program Amendment, a Specific Plan, a Precise Development Plan Amendment, and a Coastal Development Permit and approving a Site Development Plan to develop a 28.3-acre parcel into four separate parcels for the development of an automotive and other motor vehicles sales facility and a public utility use located on the east side of A venida Encinas between Palomar Airport Road and Poinsettia Lane in Local Facilities Management Zone 22. LEGAL DESCRIPTION: That portion of Section 20, Township 12 South, Range 4 west, San Bernardino Base and Meridian, according to official Plat thereof and that portion of La Costa Downs Unit No. 1, according to Map thereof No. 2013, filed in the Office of the County Recorder of San Diego County, April 26, 1927 APN: 214-010-96, 214-031-03, 09, 10, 11, 13, 214-034-02, 214-035-01, 214-036-01, 214-051- 02, 214-052-02, 214-053-02, 214-054-04, 214-061-21, 214-062-21, 214-063-21, 214-064-01, 214-065-01. Acres: 28.3 Proposed No. of Lots/Units: -'-4-"'L'-"o~ts'------------- GENERAL PLAN AND ZONING Existing Land Use Designation: _P_la_nn_ed_In_d_u_st_n_· a_l/_O_ffi_1_ce_(.._P_I/_O_)~---------- Proposed Land Use Designation: Regional Commercial (R) and Public Utilities (U) Density Allowed: NI A Density Proposed: .c...N""'/ A=----------- Existing Zone: Planned Industrial/Office (P-M/O) Proposed Zone: General Commercial (C-2) and Public Utility (P-U) Surrounding Zoning, General Plan and Land Use: Zoning . General Plan Current Land Use Site P-M/O Pl/O Vacant North P-M/O and U Pl/O and U Water treatment plant South RD-M-Q, C-T, and C-2 RM/O, T-R/RH, and C Mixed use, daycare site, and auto sales East T-C TC Interstate-5 West T-C TC Railroad Revised O I /06 LOCAL COASTAL PROGRAM Coastal Zone: [8J Yes D No Local Coastal Program Segment: ;:..:.M=e=ll=o--=I=-1 _____ _ Within Appeal Jurisdiction: D Yes [8J No Coastal Development Permit: [8J Yes D No Local Coastal Program Amendment: [8J Yes D No Existing LCP Land Use Designation: PI/O Existing LCP Zone: "-PM~/O-"--------- Proposed LCP Land Use Designation: Rand U Proposed LCP Zone: ..ccC-=-2~an=dc....cPc....U=------ PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): _8_2 ________________ _ ENVIRONMENTAL IMPACT ASSESSMENT D Categorical Exemption, ______________________ _ [8J Negative Declaration, issued _A..,._p_ri_l _2_4,~2_0_0_8 _______________ _ D Certified Environmental Impact Report, dated ______________ _ D Other, __________________________ _ Revised O 1/06 August 11, 2008 Hoehn Avenida Encinas PO Box 789 Carlsbad, CA 92018 MS 07-09, CARLSBAD ENCINA AUTO PLAZA MS 07-09 The City Engineer has made a preliminary decision, pursuant to Section 20.24.120 of the City of Carlsbad Municipal Code, to approve the Tentative Parcel Map of the subject minor subdivision, subject to the conditions listed below. NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed Tentative Parcel map, must be met prior to approval of a Parcel Map, building permit, or grading permit, whichever occurs first. General 1. Prior to hauling dirt or construction materials r1,to or from any proposed construction site within this project, Developer shall apply for ancLobtain approval from, the City Engineer for the proposed haul route. 2. This approval :'i§,;''~~ubject to the aRRroval and conditions of a Mitigated Negative Declaration.No. 6445, CDP 07-03, SOP 97~,01, GPA 07-01, ZC 07-01, LCPA 07-01 and SP 07-01. 3. Developer shall submit to the:J~ity Engineer, a reproducible 24" x 36", mylar copy of the tentative map and a digital copy of said map (in AutoCAD format, latest version) reflecting. the conditions approved by the final decision making body and any applicable coastal commission approvals. The reproducible shall be submitted to the City engineer, reviewed::and, if acceptable, signed by the City's project engineer and project planner prior to sul;)mittijl of . the building plans, final map, improvement or grading plans, whichever occurs!first. The digital file copy shall be submitted in a format as approved by the City Engineer. 4. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements such as storm drain facilities and storm water Best Management Practice facilities, parking lot, sidewalks, etc. located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 5. Developer shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, agents, officers, and representatives, from MS 07-09 and against any and all liabilities, losses, damages, demands, claim and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this tentative parcel map, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, including an action filed within the time period specified in Government Code Section 66499.37 and (c) Developer's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 6. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. 7. Developer shall apply for and obtain a Right-of Way Permit frontCaltrans. for any work proposed within Caltrans right-of-way. •• 8. Developer shall obtain an access easement from the City for the proposed private access road over the City owned parcel as shown on the Tentative Parcel Map to the satisfaction of the Community Developr:nent Director. Fees/Agreements 9. Developer shall cause property owner to exe~ute and submit to the City Engineer for recordation, the City's standard fprm Geologic l?ailure Hold Harmless Agreement. 10. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form ·E>rainage Hold Harmless Agreement. '~ ' ' ' " 11. Prior tol approval of any grading or bi.i1l~g permits for this project, Developer shall cause1Owner to give written consent to*the City Engineer to the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street 'l.:jgJfting and Landscaping District No. 1 and/or to the formation or annexation into an additional. Street Lighting and Landscaping District. Said written consent shall be on a form p~pviaed by the City Engineer. '0 . 12. Developer shall cause. property owner to process, execute and submit an executed copy to the City Engine~rJor recordation a City standard Permanent Stormwater Quality Best Management Pra9tice Maintenance Agreement for the perpetual maintenance of all treatment contticfl, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, whichever occurs first for this Project. 13. Prior to issuance of a grading permit or building permit, whichever occurs first, the developer shall execute an agreement to pay any drainage fee established in the forthcoming revised Drainage Master Plan. Grading 2 MS 07-09 14. Based upon a review of the proposed grading and the grading quantities shown on the Site Plan, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit for the project. 15. This project requires off site grading. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. 16. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan. (SWMP)." The SWMP shall demonstrate compliance with the Cityv of Carlsbad Standard Urban Storm water Mitigation Plan (SUSMP), Order 2007-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures lo avoid contact or filter said pollutants from storm water, to the maximum extent practicable,v for the post-construction stage of the project. At a minimum, the SWMP shall: • • I a. Identify existing and post-development on-site pollutants-of-concern. b. Identify the hydrologic unit this projectcontributes to and impaired water bodies that could b~ i.mpacted ~i~ts project. •,y;g'.¥i4'#0•.i. ''.<• c. lncorpo·rate::L<>w Impact D~y~lopment in the project design. d. Recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging offsite. e. Establish specific procedures for handling spills and routine cleanup. Special ~&onsiderations and effort shall be applied to resident education on the proper procedures for.handling cleanup and disposal of pollutants. f. Ensure ICi>o,g::term maintenance of all post-construction BMPs in perpetuity. g. Identify how post-construction runoff rates and velocities from the site will not exceed the pre-construction runoff rates and velocities to the maximum extent practicable. 17. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with • current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad 3 MS 07-09 Requirements. The TIER 3 SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. 18. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer receipt of a Notice of Intention from the State Water Resources Control Board. Dedications/Improvements 19. Developer shall cause Owner to make an offer of dedication bthe City for: a) The public utility and access easement shown on the t,entative parcel map. b) The public street and utility easement for the proposed deqicated right turn lane along on Avenida Encinas at the Project Driveway as shown on the Tentative Parcel Map. c) The pedestrian access easement for the proposed pedestrian ramps at the Project Driveway as shown on the t~ptative parcel map. d) The twenty feet wide coastal rail trail easement as shown on the Tentative Parcel Map. The offer shall be made by a •certificate on the Parcel Map or separate recorded document. All land so offered shaWbe free and clear of all liens and encumbrances and without cost to the City. Stree.ts that are cCalready public are not required to be rededicated. 20. Developer shall cause .Owner to execute. covenants of reciprocal private easements for private parking, drainage, storm drain'''facilities, and best management practices (BMP) facilities for storm water tre.atment on each Parcel for the benefit of the other three parcels, as shown on the Tentative Parcel Map. The obligation to e~ecute and record the covenants of reciprocal private easements shall be shown and recording. information called out on the Parcel Map. Developer shall provide City Engineer with proof of recordation prior to issuance of building permit. 21. Developer shall obtain a private access easement from the adjacent property owner to the SouthAor the proposed South Driveway as shown on the Tentative Parcel Map. • • 22. Developer shill cause the property owner to process, execute and submit to the City Engineer for recordation the City's standard deed restriction on the property which relates to the cross-lot drainage as shown on the Tentative Parcel Map. The deed restriction shall be in a form acceptable to the City Engineer and shall: a) Clearly delineate the limits of the drainage course; b) State the drainage course is to be maintained in perpetuity by the underlying property owner; and 4 MS 07-09 c) State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of public nuisance. 23. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all private improvements: paving, sidewalks, parking, street lights, storm water quality treatment BMPs, and stormdrain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 24. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required, by:➔the City Engineer, prior to or concurrent with any grading or building permit. 25. Developer shall provide the design of all private drainage systems to the satisfaction of the City Engineer. Drainage systems shall be inspected by the:eity. Developer shall pay the standard improvement plan check and in,i3pection fees. 26. Developer shall execute a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, .p!;!blic improvements shown on the tentative map. These improy~rt,ents include, but are not limited to paving, base, sidewalks, curbs and gutters, 1@r'«taing, clearing and grubbing, under grounding or relocation of utilities, sewer,:::water, fire hydrants, street lights, pedestrian ramps, drainage structures, best maoagement practices for storm water treatment, retaining walls. Said improve·ments shall''be installed to City Standards to the satisfaction of the City Engineer. 'Mbre'5pecifically, thes~t!,.rpprovements include: a) Full half width improvemerits of Avenida Encinas, along the project frontage, to secondary arterial standard, including but not limited to driveways, paving, curb and gutter, sidewalk, stripping, under grounding or relocation of utilities, water & sewer services, drainage structures, all Jlecessary transitions to existing improvements as shown on Tentative Pc!rcel Map. b) Onsite potable public water lines and appurtenances as shown on the Tentative Parcel Map. c) Onsite public sewer lines and appurtenances as shown on the Tentative Parcel Map. d) Modification of the existing signalized intersection, including traffic signal and stripping, at Avenida Encinas and Poinsettia Lane intersection to provide three hundred and fifty feet long second southbound to eastbound left turn lane on Avenida Encinas. 5 MS 07-09 e) Construct a two hundred and fifty feet long northbound dedicated right turn lane on Avenida Encinas at the Project Driveway as shown on the Tentative Parcel Map. f) Construct a two hundred and fifty feet long southbound left turn lane on Avenida Encinas at the Project Driveway as shown on the Tentative Parcel Map. g) Install a northbound right turn overlap traffic signal phasing at the intersection of Avenida Encinas and Palomar Airport Road. (A list of the above shall be placed on an additional map sheet on -the Parcel Map per the provisions of Sections 66434.2 of the Subdivision Map Act). Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement). 27. Developer shall prepare and process improvement plans and, prior to approval, shall execute a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public traffic signal improvements shown on the tentative map. Said improvements shall be installed to City Standards to the satisfaction of the City Engineer. More specifically, these signal improvements include bµt are not limited to .constructing a new fully actuated traffic signal including all appurtenance~,and traffic signal interconnect conduit and cable, at the inte.rsection of Avenida Encinas and Project Access Drive/Coaster Station Access Drive. DevelQper !?hall install the traffic signal only with written authorization from the City Engineer. Developer shall pay the standard impr:Qvement plan check.,and inspection fees. The improvements shall be constructecf.Within 18 months of approval of the subdivision or development improvement agreement or,such other time as provided in said agreement. 28. Prior to issuance of building permits, Developer shall underground all existing overhead utilities along project boundary. Parcel Map Notes. Add the following notes .to the Parcel Map as non-mapping data. 29. All improvements are privately owned and are to be privately maintained with the exception of the following: a) Full half width improvements of Avenida Encinas, along the project frontage, to secondary arterial standard, including but not limited to driveways, paving, curb and gutter, sidewalk, stripping, under grounding or relocation of utilities, water & sewer services, drainage structures, all necessary transitions to existing improvements as shown on Tentative Parcel Map. 6 MS 07-09 b) Onsite potable public water lines and appurtenances as shown . on the tentative parcel map. c) Onsite public sewer lines and appurtenances as shown on the Tentative Parcel Map. d) Modification of the existing signalized intersection, including traffic signal and stripping, at Avenida Encinas and Poinsettia Lane intersection to provide a three hundred and fifty feet long second southbound to eastbound left turn lane on Avenida Encinas. e) Construct a two hundred and fifty feet long northbound dedicated right turn lane on Avenida Encinas at the Project Driveway as shown on the tentative map. f) Construct a two hundred and fifty feet long southbound left turn lane on Avenida Encinas at the Project Driveway as shown on the tentative map. g) Install a northbound right turn overlap traffic signal phasing at the intersection of Avenida Encinas and Paloinar Airport Road. 30. Building permits will not be issued for development of the subject property unless the appropriate agency determines that~ewer and water facilities are available. 31. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City. of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified',in the City approved development plans; or by the design, construction or maintenance :of the drainage system or other improvements identified in the City approved development plans. 32. Geotec~nical Caution: a) ,iJ1e owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence>.and subsequent damage that may occur on, or adjacent to, this subdivisior:i,due to its construction, operation or maintenance. 33. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or the City Landscape Manual. Utilities 34. Prior to approval of improvement plans or Parcel Map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be 7 MS 07-09 considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 35. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 36. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Buildi[UlzPermits. 37. The Developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the DistricMEngineer. 38. The Developer shall install potable water and recycled "water services and meters at a locations approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 39. The Developer shall install sewer laterals and clean-o.uts at a location approved by the District Engineer. The locations of s.e.wer laterals ~hall be reflected on public improvement plans. 40. The Developer shall design and construct public water, sewer and recycled water facilities substantially as shown on the site plan to the satisfaction of the District Engineer. Code Reminder The project'is subject to all applica.ble provisions of local ordinances, including but not limited to the following: A The;:tentative parcel map shall expire two years from the date of approval by the City engineefi:0. 8. The Average Dai!y Trips (ADT) and floor area contained in the staff report and shown on the Site Plan ar~;:for planning purposes only. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code,,Jl'espectively. The City Engineer has reviewed each of the exactions imposed on the developer contained in these conditions of approval, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and degree of the exaction is in rough proportionality to the impact caused by the project. If you have any questions, you may contact Tecla Levy at (760) 602-2733. 8 Robert T. Johnson, Jr., PE City Engineer by: David A Hauser, PE Deputy City Engineer c: Tecla Levy, Assistant Engineer Senior Engineer, Glen Van Peski Project Planner, Van Lynch Fire Department, Gregory Ryan File. MS 07-09 9 October 1, 2008 Planning Commissioners: I would like to take this opportunity to express our heartfelt thanks to the commissioners for taking the time to carefully investigate this matter. Most of all we would like to thank Commissioners Boddy, Douglas, Dominquez, and Montgomery for actually listening to our concerns and taking them seriously The rest of this letter is in response to the supposed answers to my letter dated September 13, 2008 by Mr. Lynch at the September 17th meeting, and other comments made by him or Mr. Hoehns representative at that meeting and the one on September 3rd. To my first statement that said the surrounding residential was ignored, he said staff only went to the transportation corridor because no impact was noted to the residential area. There obviously is MAJOR impact as even some of you brought out. Ms. Boddy said "There is no doubt that this project would produce more light, more noise, and more traffic than a well designed office project ... what is the justification for changing the land use?" Mr. Dominquez called it a "gut check" to see how close we are to the proposed project. Mr. Montgomery said "there is impacts there, not just on a small group of houses ... the Poinsettia Commons would be impacted also." .Even Mr. Whitton agreed about the potential• noise though his opinion was that it would not be intrusive. • Onmy second point Mr. Lynch mentioned, but did not address, the problem of employee and delivery traffic coming and going outside the windows of our homes. I was not speaking of the unloading, but the actual arriving and driving in and out of the driveway. At the last meeting it was said that car transports would arrive during hours of operation. Than they said there would be a chance they would arrive outside those hours. Later he stressed that that entrance would be open 24 hours a day, as though this were a good thing. All the employees for the service area will be arriving outside our bedroom window every day before 7 AM, after that first wave would be all the other employees, some 300 of them by Mr. Hoehns estimation, all using that driveway. The trucks would be gearing down to make the tum, clanking and banging just going into the driveway. To say we would not hear this is false. We hear birds in that lot, we hear people talking as they ride their bikes down Avenida Encinas. How would we not hear all of this? They said the extra traffic would be mitigated because the traffic would be spread out. What about the 300 employees? Would they not be coming in the morning and leaving in the evening? On.my third point Mr. Lynch said we would be looking flat across. That is not true. Our living room and Master Bedroom are upstairs. We look out OVERthe property. ·MrLynch's replies to Johnson and Hanson's points were also inadequate. As far as the study ignoring the residential areas, Mr. Lynch said "none of the technical reports identified any impacts beyond the transportation corridor into the residential areas." The technical reports were all done by Mr. Hoehns people. As Mr. Dominquez said "this is an applicant or developer driven process .. " Studies paid for by the developer must be viewed with skepticism. In his reply to Johnson and Hanson's point about aesthetics, Mr. Hoehns representative said this "appears to be professional office buildings with a parking lot containing lighting just as any other parking lot would contain." Wrong again. According to your own O Office Zone spec's, No. 16,5-06, on page 624b it says "A minimum often percent of that portion of the site devoted to UNCOVERED PARKING shall be landscaped. Landscaping shall be designed so as to offer relief from the monotony of rows of parked cars, and to create an OVERHEAD CANOPY. A minimum of one fifteen-gallon tree per five parking stalls shall be required in the parking area." It was made clear at the September 3rd. meeting that they will not use canopy trees because they will get the cars dirty. When you look at office parking lots in the area at night you • will see that the canopy trees further block light, as well as screen the buildings to give a pleasant look. Even you're P-M Planned Industrial Zone guidelines state' "the proposed development shall be compatible with existing and planned surrounding land uses ... It shall not constitute a disruptive element to the community." Also "All uses shall be operated so as not to produce ... glare or high-intensity illumination which is perceptible WITHOUT INSTRUMENTS BY THE AVERAGE PERSON WHILE ON OR BEYOND THE LOT CONTAINING THE USE." So, you see, this would be very different than any office or light industrial use going by the standards the City of Carlsbad have in place. Johnson and Hanson also made a point about the project "significantly impacting the views toward the ocean" of the folks in Alta Mira. Mr. Lynch only answered that the views would not be "restricted" or blocked. That is not the same thing as "impacting" or ruining such views. Mr. Hoehns representatives keep saying that the noise from the train would "cancel out" noise from this project, that "the railroad dominates the picture." Th~ sound engineer said if you compare all the decibels, it's "still just the rail noise". This is another falsehood on the part of these people. Johnson and Hanson said "noise from the train tracks ... occurs only a few times a day, and then only for a few seconds". Mr. Lynch ignored this part. It takes an average of 10 seconds for the Coaster and the Amtrack trains to go by. If you figure all the trips Mr. Hoehns people mentioned, it comes to a total of about 9 minutes a day. That would hardly 'cancel out" 14 hours, or more, a day of noise. Mr. Hoehns people further said that this "area comes alive at 5:30 AM with the coaster". I challenge you to come out here at 6AM, or even 7 AM. Yes, the coaster has stopped here, but the area is certainly not "alive". Now, let's go on to the light issue. Mr. Hoehns people said, "the light that THEORETICALLY predicted by the model, that would spill over into the project site, would be ROUGHLY, MY GUESS, is about ½ foot-candle, this is far less than the light that is already out there". Also, there would be "no increase of light beyond the property lines of the project". The light "already out there" is close to none. There is not even a lightning bug on that property, nor are there any street lights for that area. Adding 28 acres of well lit buildings and parking lots to this property will increase light and glare tremendously. I found it interesting that, as example pictures of parking lot lights, he showed the Coaster station, not an office complex. Different lighting. Also, I object to their attempts to minimize the lighting impact by saying that a foot-candle is the amount of light a "birthday cake" candle would produce at 1 foot. Mr. Hoehns people kept referring to a "birthday cake candle" on September 3rd. The true definition of foot- candle is "the illumination on a surface placed one foot from THE STANDARD candle." They are deliberately trying to minimize it in the minds of all ofus. Also, did you know that light from a standard candle can be seen for about 43 miles at minimum brightness by the human eye? It does not have to be shining right into our eyes for u·s to see it. They also stress that the bright lights would be turned off at 9PM. What about the 2-5 hours EVERY NIGHT that they would be at full power right outside our windows? Wikipedia has information on a type oflight pollution called "skyglow". It is the kind of light pollution visible in the skies over many cities and towns as a dome of light. It said due to skyglow, people who live in urban areas see thousands fewer stars than in an unpolluted sky. It said when the air is clear, blue or white light (for example from metal halide lights) contributes significantly more to skyglow than an equal amount of yellow light ( for example high and low pressure sodium vapor lights). This project would add to the skyglow every evening. We would not have that with an office complex. I also question things that were said on September 17th about an EIR. The attorney • said WE must "present fair argument that there would be SIGNIFICANT impacts", also there "must be SUBSTANTIAL evidence that the project will result in SIGNIFICANT impact". WE must provide "relevant information" and the commission was to "consider the reliability of ( our) information". What about the reliability of Mr. Hoehn' s information? And why are you not defending your own General Plan? Why are you putting it on the shoulders of the citizens? Why was an EIR required for the Pionsettia Commons project and not this much larger one? The City of Berkeley was also considering the issue of auto dealerships. The information is on the web. They referred to the City of Santa Monica. They commissioned a study of the existing dealerships to identify the problems and determine possible ordinance implementation methods. The study found that the main issues with existing dealerships were the spill over effects of dealership operations into adjacent neighborhoods. It said the City of Palo Alto also considered zoning changes. The city applied the Auto Sales Dealership Combining District to portions of the Limited Manufacturing district NOT adjacent to low-density residential districts. As you can see, this is not a unique situation. Our objections to this project are not unusual or frivolous. We are not anti development. We are not just having fun arguing with you because we have nothing better to do, as the city attorney suggested at the September 17th meeting. This project WILL seriously impact the quality of life for everyone who lives in this section of coastal corridor. Once the City approves this project, you can all just forget about it and the city can enjoy its revenue. But we will be the ones actually paying for it, having to live with this thing EVERY night and EVERY morning from here on out. I see that four of you who voted against this project have been criticized because of the amount of revenue the city would receive if it went through. Making more money does not change a wrong to a right. For example, in a family, the parents have the responsibility to provide financially for their children. But just making money at the expense of spending time with their children does not make for a successful family. The children have emotional needs as well. A responsible parent balances the two. So a responsible city does not just look at the money it can make, but balances that with the needs and well being of its citizens. If this radical change in the General Plan was for something that made money and was for the well being of the citizens in general, that would be a different matter. As it is, the only one benefiting from this project will be Mr. Hoehn. Again, the citizens all along this strip of coastal corridor will be the ones paying for it in loss of peace in our own homes and yards, gone will be our peaceful evenings and weekends, as well as lost property values. PLEASE DO NOT DO THIS TO US!!!!! Sincerely, Melinda and Ken Vallone /4~