HomeMy WebLinkAboutCT 94-05; Poinsettia Shores PA A-2; Tentative Map (CT) (5)PROOF OF PUBLICATION
(2015.5C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years,
and not a party to or interested in the above-entitled
matter. I am the principal clerk of the printer of
Blade-Citizen
a newspaper of general circulation, printed and
published daily in the City of Oceanside and qualified for
the City of Oceanside and the North County Judicial
district with substantial circulation in Bonsall, Fallbrook,
Leucadia, Encinitas, Cardiff, Vista and Carlsbad, County
of San Diego, and which newspaper has been adjudged
a newspaper of general circulation by the Superior
Court of the County of San Diego, State of California,
under the date of June 30,1989, case number 171349;
that the notice, of which the annexed is a printed copy
(set in type not smaller than nonpareil), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on the
following dates, to-wit:
Jan. 30, 1995
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Dated at Oceanside.California, this day
of 30
BLADE-CITIZEN
Legal Advertising
1722 South Hill Street
P.O. Box 90
Oceanside, CA 92054
(619)433-7333
This space is for the County Clerk's Rling Stamp
Proof of Publication of
Public Notice of Prior Env. Compliance
PUBLIC NOTICE Of PRIOR
ENVIRONMENTAL COMPLIANCE
Please Take Notice:The Planning Department has determined that the environmen-
tal effects of the project described below have already beenconsidered in conjunction with previously certified environmen-
tal documents and, therefore, no additional environmental
review will be required and a notice of determination will be filed.
Project Title: Poinsettia Shores - Planning Area's
"A-1"and"A-2"
Project Location: Poinsettia Shores Master Plan, north ofBatiquitos Lagoon and East of the railroad
right-of-wayProject Description: "A-1" consists of 36 detached single familyhomes. "A-2" consists of 49 detachedsingle family homes. Minimum lot size forboth Planning Areas is 5,000 square feet.
Justification for this determination is on file in the Planning De-partment, Community Development, 2075 Las Palmas Drive,
Carlsbad, California 92009. Comments from the public areinvited. Please submit comments in writing to thp AssociatePlanner, Eric Munoz, in the Planning Departmr.i within thrity
(30) days of date of publication.
/s/Michael J. Holzmiller
Planning DirectorDATED: JANUARY 3L, 1995CASE NO: CT94-04/PUD 94-03-PA "A-1"CT 94-05/PUD 94-04 - PA "A-2"APPLICANT: POINSETTIA SHORES - PLANNING AREA'S
"A-1" AND "A-2"
Legal 41373 January 30,1995
Mai I to: State Clearinghouse. 1400 TPcTstreet, Rm. 121, Sacramento, CA 95814 ~'^B?U5-0613
Project TitU:
Lead Agency: CITY Of CARLSBAD
•A-1" AND "A-2"
Contact Person: EB1C MUN02
Street Address: 2075 LAS PALMAS DRIVE
City: CARLSBAD Zip: 92006
Phone: Com 438-1161 X U41
S«« MOT1 Bolovt
County: SAM DIEGO
PROJECT LOCATION:
County: SAM DIEGO City/Nearest Community: CARLSBAD
Cross Streets: FUTURE AVEMIDA EMC1MAS AMD CARLSBAD 8LVD Total Acres:18.9
Assessor's Parcel Ho. 216-UO-27. 32. 33
Within 2 Miles: State Huy *: INTERSTATE 5
Section:Twp.Range:Base:
Waterways: BATIQU1TOS LAGOON/PACIFIC OCCAM
Airports:Railways: MCTO Schools:
DOCUMENT TYPE
CEQA:MOP
Early Cons
Meg Dec
Draft EIR
X
Suppl ement /Subsequent
EIR (Prior SCH No.)
Other PRIOR COMPLIANCE
NEPA: NOI OTM
EA
Draft EIS
FONSI
9: Joint
Final
Other
Document
Document
LOCAL ACTION TYPE
General Plan Update
General Plan Amendment
General Plan Element
Community Plan
Specific Plan
, Master Plan
. Planned Unit Development
Site Plan
Rezona
Prezone
Use Permit
. Land Division (Subdivision,
' Parcel Nap, Tract Nap, etc.)
Annexation
Redevelopment
Coastal Permit
Other PUD
DEVELOPMENT TYPE
Residential: Units 85 Acres 18.9
Office:
Comnercial:
Industrial:
Educational
Sq. Ft.
Sq. Ft.
So. Ft.
Acres
Acres
Acres
Employees
Employees
Employees
Recreational
Water Facilities:
Transportation:
Mining:
Power:
Waste Treatment:
Hazardous Waste:
Other:
Tvoe
Type
Mineral
Tvoe
Tvoe
Tvoe
MGD
Watts
PROJECT ISSUES DISCUSSED IN DOCUMENT
Aesthetic/Visual
Agricultural Land
Air Quality
Archaeological/Historical
Coastal Zone
Drainage/Absorption
Economic/Jobs
Fiscal
Flood Plain/Flooding
Forest Land/Fire Hazard
Geologic/Seismic
Minerals
Noise
Population/Housing Balance
Public Services/Facilities
Recreation/Parks
Schools/Universities
Septic Systems
Sewer Capacity
Soil Eroaion/Compaction/Grading
Solid Waste
Toxic/Hazardous
Traffic/Circulation
Vegetation
Water Quality
Water Supply/
Ground Water
Wetland/Riparian
Wildlife
Growth Inducing
Landuse
Cumulative Effect
Other
Present Land Uae/Zonino/General Plan Use
THE PROJECT IS SUBJECT TO THE REQUIREMENTS OF LAND USE DESIGNATIONS OF THE POINSETTIA SHORES MASTER PLAN.
Project Description
TWO (2) PLANNING AREAS WITHIN THE POINSETTIA SHORES MASTER PLAN: (1) "A-1"; 36 DETACHED SINGLE FAMILY HOMES OH 5,000 SQ. FT. LOTS.
(2) "A-2"; SAME AS "A-1" BUT WITH 49 UNITS. BOTH PLANNING AREAS ARE CONSISTENT WITH APPLICABLE MASTER PLAN PROVISIONS/REQUIREMENTS.
NOTE: Clearinghouse will assign identification numbers for all new projects,
fro* a Notice of Preparation or previous draft document) please fill it in.
If a SCH number already exists for a project (e.g.
Revised October 1989
of Carlsbad
Planning Department
PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE
Please Take Notice:
The Planning Department has determined that the environmental effects of the project described
below have already been considered in conjunction with previously certified environmental
documents and, therefore, no additional environmental review will be required and a notice of
determination will be filed.
Project Title: Poinsettia Shores - Planning Area's "A-l" and "A-2"
Project Location: Poinsettia Shores Master Plan, north of Batiquitos Lagoon and east of the
railroad right-of-way.
Project Description: "A-l" consists of 36 detached single family homes. "A-2" consists of 49
detached single family homes. Minimum lot size for both Planning Areas
is 5,000 square feet.
Justification for this determination is on file in the Planning Department, Community
Development, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public
are invited. Please submit comments in writing to the Associate Planner, Eric Munoz, in the
Planning Department within thirty (30) days of date of publication.
DATED: JANUARY 30, 1995
MICHAEL JJBOLZiMILLER
CASE NO: CT 94-04/PUD 94-03 - PA "A-l" Planning Director
CT 94-05/PUD 94-04 - PA "A-2"
APPLICANT: POINSETTIA SHORES - PLANNING AREA'S "A-l" AND "A-2"
PUBLISH DATE: JANUARY 30, 1995
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART n
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO. CT 94-Q4/PUD 94-03
CT 94-05/PUD 94-04
DATE: JANUARY 24. 1995
BACKGROUND
1. CASE NAME: Poinsettia Shores - Planning Areas "A-l" and "A-2" _
2. APPLICANT: Kaiz Pftinsettia Cororation
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 7220 Avenida Encinas - Suite 200
_ Carlsbad. CA 92008
_ (619) 931-9100
4. DATE EIA FORM PART I SUBMITTED: November 4. 1994
5. PROJECT DESCRIPTION: Two planning areas within the Poinsettia Shores Master Plan: (1) Area
"A-l" consisting of 36 single family detached homes on 5.000 sq. ffT minimum sized lots on 8.4 acres
and (2) Area "A-2" consisting of 49 single family detached homes on 5.000 sq. ft. minimum sized lots
on 10.5 acres. Both planning areas are consistent with the Poinsettia Shores Master Plan.
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct an Environmental
Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental
Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical,
biological and human factors that might be impacted by the proposed project and provides the City with information
to use as the basis for deciding whether to prepare an Environmental Impact Report or Negative Declaration.
* 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 effect on the environment. On the checklist, "NO" will be checked to indicate
this determination.
* An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the project
may cause a sigm'ffoaitf effect on the environment. The project may qualify for a Negative Declaration however,
if adverse impacts are mitigated so that environmental effects can be deemed insignificant. These findings are
shown in the checklist under the headings "YES-sig" and "YES-insig" respectively.
Note: If" YES-sig" is checked, the project is not necessarily required to prepare an EIR if the significant 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 discussion of potential impacts and the proposed mitigation measures appears at the end of the form under
DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing
mitigation for impacts which would otherwise be determined significant.
PHYSICAL ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO
(sig) (mag)
1. Result in unstable earth conditions or
increase the exposure of people or property
to geologic hazards? X
2. Appreciably change the topography or any
unique physical features? X
3. Result in or be affected by erosion of soils
either on or off the site? X
4. Result in changes in the deposition of beach
sands, or modification of the channel of a
river or stream or the bed of the ocean or
any bay, inlet or lake?
5. Result in substantial adverse effects on
ambient air quality? X
6. Result in substantial changes in air
movement, odor, moisture, or temperature?
7. Substantially change the course or flow of
water (marine, fresh or flood waters)?
8. Affect the quantity or quality of surface
water, ground water or public water supply? .
9. Substantially increase usage or cause
depletion of any natural resources?
10. Use substantial amounts of fuel or energy?
11. Alter a significant archeological,
paleontological or historical site,
structure or object?
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BIOLOGICAL ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO
(sig) (insig)
12. Affect the diversity of species, habitat
or numbers of any species of plants (including
trees, shrubs, grass, microflora and aquatic
plants)?
13. Introduce new species of plants into an area,
or a barrier to the normal replenishment of
existing species?
14. Reduce the amount of acreage of any
agricultural crop or affect prime, unique
or other farmland of state or local
importance?
15. Affect the diversity of species, habitat
or numbers of any species of animals (birds,
land animals, all water dwelling organisms
and insects?
16. Introduce new species of animals into an
area, or result in a barrier to the
migration or movement of animals?
HUMAN ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO
(sig) (insig)
17. Alter the present or planned land use
of an area?
18. Substantially affect public utilities,
schools, police, fire, emergency or other
public services?
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HUMAN ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO
(sig)
19. Result in the need for new or modified sewer
systems, solid waste or hazardous waste
control systems?
20. Increase existing noise levels?
21. Produce new light or glare?
22. Involve a significant risk of an explosion
or the release of hazardous substances
(including, but not limited to, oil,
pesticides, chemicals or radiation)?
23. Substantially alter the density of the
human population of an area?
24. Affect existing housing, or create a demand
for additional housing?
25. Generate substantial additional traffic?
26. Affect existing parking facilities, or
create a large demand for new parking?
27. Impact existing transportation systems or
alter present patterns of circulation or
movement of people and/or goods?
28. Alter waterborne, rail or air traffic?
29. Increase traffic hazards to motor
vehicles, bicyclists or pedestrians?
30. Interfere with emergency response plans or
emergency evacuation plans?
31. Obstruct any scenic vista or create an
aesthetically offensive public view?
32. Affect the quality or quantity of
existing recreational opportunities? X
MANDATORY FINDINGS OF SIGNIFICANCE
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY:
33. Does the project have the potential
to substantially degrade the quality
of the environment, substantially
reduce the habitat of a fish or wild-
life 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 en-
dangered plant or animal, or eliminate
important examples of the major periods
of California history or prehistory.
34. Does the project have the potential
to achieve short-term, to the dis-
advantage of long-term, environmental
goals? (A short-term impact on the
environment is one which occurs in a
relatively brief, definitive period of
time while long-term impacts will
endure well into the future.)
35. Does the project have the possible
environmental effects which are in-
dividually limited but cumulatively
considerable? ("Cumulatively con-
siderable" means that the incremental
effects of an individual 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.)
36. Does the project have environmental
effects which will cause substantial
adverse effects on human beings,
either directly or indirectly?
YES
(sig)
YES
(insig)
NO
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DISCUSSION OF ENVIRONMENTAL EVALUATION
PROJECT BACKGROUND AND ENVIRONMENTAL SETTING
This project involves two planning areas ("A-l" and "A-2") within the Poinsettia Shores Master Plan located
west of Interstate 5, east of Carlsbad Boulevard and north of Batiquitos Lagoon in the southwest quadrant of
the City (Location Map attached). Planning Area "A-l" (8.4 acres) is designated for up to 41 detached single
family residential units; 36 units are proposed. Planning Area "A-2" (10.5 acres) is designated for up to SO
detached single family residential units; 49 units are proposed. Reduced exhibits are attached showing the
proposed development for each of the subject planning areas. The project area has been mass graded with the
approval of the Poinsettia Shores Master Tentative Map (CT 94) in August 1994. Approval of CT 94-01
followed the approval of the Poinsettia Shores Master Plan (MP 175-D) in January 1994. Each of these
approvals (CT 94-01, MP 175-D) involved Mitigated Negative Declarations which set forth the environmental
mitigation measures required for the mass grading of the master plan property and development of the individual
planning areas. Prior to the Poinsettia Shores approvals, the master plan property was known as the Batiquitos
Lagoon Educational Park which was approved with the certification of an Environmental Impact Report (EIR
84-03). All environmental impacts associated with the development of the master plan property have been
identified. Based on all environmental review and documentation, the master plan contains required
environmental mitigation measures on a planning area by planning areas basis. The development proposals for
PA's "A-l" and "A-2" are in compliance with the master plans's mitigation requirements. This subsequent,
planning area level, "Initial Study" is intended to supplement the existing environmental documents covering
the master plan property. Pertinent mitigation measures have either been already completed or have been
considered/implemented in the project's design. Because of this, no new environmental impacts will result from
the approval and development of these planning areas and this project will be determined to be found in prior
compliance with existing environmental review and documentation.
Construction and development pursuant to CT 94-01 will provide the necessary infrastructure to allow the
development of the master plan's planning areas including PA's "A-l" and "A-2". This includes the construction
of Avenida Encinas (a Circulation Element roadway per the City's General Plan) with a new bridge over the
railroad tracks and a new intersection with Carlsbad Boulevard, mass grading of the site and required drainage
facilities. Required grading for the development of the subject planning areas will require a grading permit,
however, only consists of final finish grading of mass graded areas.
Since the approvals of the existing Mitigated Negative Declarations for the Poinsettia Shores Master Plan, the
City, in September 1994, certified a Final Master Environmental Impact Report for an update of the General
Plan. The certified Master EIR (and all referenced environmental documents) is on file in the Planning
Department. The Master EIR (MEIR) serves as the basis of environmental review and impact mitigation for
subsequent projects Citywide that are consistent with the General Plan. Subsequent projects under the Master
EIR for the General Plan include the approval of development plans which implement General Plan land use
designations including tentative maps, planned development permits, condominium permits, site development
plans and other land use permits.
PHYSICAL ENVIRONMENT
1. As documented in EIR 84-03 and the Mitigated Negative Declarations for MP 175(D) and CT 94-01, the
site is not located near any active faults and no geologic conditions exist that would constrain the
development of the subject planning areas or increase the exposure of people or property to geologic
hazards. Development of PA "A-l" will involve approximately 13,900 cubic yards (c.y.) of cut, 20,600
c.y. of fill with 6,700 cy of import; PA "A-2" involves 22,000 cy of cut, 18,800 cy of fill and 3,200 cy
of export All grading will be pursuant to standard grading permits issued by the Engineering
Department This ensures that the project has proper erosion control measures and conforms with the
City's Master Drainage Plan.
2. The master plan property is mostly flat except for the lagoon bluff areas which has not been altered
through mass grading. The subject planning areas have been mass graded to accommodate refined
finished grading at the planning area level and have no unique physical features associated with them.
3. Mass grading associated CT 94-01 included drainage facilities and temporary detention basins to prevent
the erosion of soils on or off the site. In addition, the subject planning areas will be conditioned to
comply with the City's Grading Ordinance and standard landscaping and erosion control measures to
prevent soil erosion as well as adverse soil erosion offsite into Batiquitos Lagoon.
4. Development of the subject planning areas will not affect the natural sand movement patterns of the
nearby coastal littoral area. No changes will occur to the channels or any streams of the Batiquitos
Lagoon.
5. Previous environmental documentation for the site including the Mitigated Negative Declarations for
Poinsettia Shores discussed air quality, however, these discussions have now been superseded by the Air
Quality Section (5.3) of the General Plan Update Master EIR (MEIR). Implementation of the updated
General Plan, including projects in the Poinsettia Shores Master Plan, will result in increased gas and
electric power consumption and vehicle miles traveled. In turn, increases in the emission of carbon
monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates will result.
These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air
Basin. Since the San Diego Air Basin is a "non-attainment basin", any additional air emissions could be
considered significant Therefore, continued development to Citywide buildout consistent with the
General Plan, as partially represented by the development proposals for the subject Master Plan planning
areas, will have impacts on the air quality of the region.
Because of this, the checklist on page 2 is marked "significant" for this item. However, the certification
of the MEIR, by City Council Resolution No. 94-246, included a "Statement of Overriding
Considerations" for Air Quality Impacts. This "Statement of Overriding Considerations" applies to all
subsequent projects covered by the MEER, inlcuding projects in the Poinsettia Shores Master Plan,
therefore, no further environmental review of air quality impacts is required.
6. Approval of the subject planning areas will not impact or substantially change air movements, odor,
moisture or temperature. Standard grading conditions and procedures will minimize dust impacts during
grading and construction phases.
7. The project will not have any impacts on the physical dynamics of the Batiquitos Lagoon or Pacific
Ocean. Drainage infrastructure has been provided by CT 94-01 and the project will be subject to a
grading permit so that compliance with the City's Master Drainage Plan and the drainage section of the
Local Facilities Management Plan for Zone 9 (which covers the master plan property) will be maintained
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and no environmental impacts will result. This is also consistent with the existing Mitigated Negative
Declarations for Poinsettia Shores.
8. No significant surface waters exist on the mass graded planning area sites, hi addition, ground water
resources are not associated with the master plan property or planning area sites as noted hi the existing
Mitigated Negative Declarations. Appropriate drainage facilities are provided hi conjunction with the
infrastructure associated with CT 94-01 to accommodate the increases in surface runoff and runoff
velocities resulting from development induced impervious surfaces and reduced absorption rates.
Drainage from roofs, streets, driveways, slopes and yards within the subject planning areas would
constitute a potentially significant impact to water quality due to urban pollutant runoff. However, the
project will be conditioned to comply with all grading permit requirements including provisions of the
National Pollutant Discharge Elimination System (NPDES) so that any potential water quality impacts
including impacts to the Batiquitos Lagoon will be reduced to below a level of significance. This is also
consistent with the existing Mitigated Negative Declarations associated with the master plan and master
tentative map.
9. The Mitigated Negative Declaration for CT 94-01 documents the lack of any significant natural resources
on the site and the previous use of the site for agriculture; the conversion from former agricultural uses
to urban uses as been mitigated prior to the final map approval of CT 94-01 consistent with that project's
Mitigated Negative Declaration through the payment and bonding of appropriate conversion fees.
10. Fuel and energy will be used during the grading and construction phases of this project in the form of
gasoline and fuel. This will be a short term impact that will not create a significant adverse impact to
fuel and energy resources.
11. EIR 84-3 for the former educational park master plan identified four archeological sites within the master
plan property; three were determined to be significant. Follow up data recovery efforts were carried out
by archeologist Brian Smith and summarized in the report, "The Archeological Excavations of Cultural
Resources at Sites W-84, W-88, W-95, W-97 and W-2251" incorporated herein by reference and on file
in the Planning Department One of the sites had human remains which have since been reinterred hi
an open space area within the master plan with the coordination and direction of a qualified Archeologist
and Native American Coordinator. This was done hi compliance with the mitigation measures of EIR
84-3. As concluded hi the above referenced report, the sites are no longer considered significant. As
documented in the Mitigated Negative Declarations for MP 17S(D) and CT 94-01, further mitigation to
allow mass grading of the master plan property and planning area development involved the retention of
an archeologist and paleontologist to monitor the mass grading effort. As part of the implementation of
the approval of CT 94-01, all cultural resource monitorings have been completed hi compliance with
applicable City regulations and policies. No potential exists for adverse significant impacts to cultural
resources from grading or development of the master plan or the subject planning areas. Ensuring the
monitoring of cultural resources during mass grading of the site (through CT 94-01) has occurred with
regards to Planning Area "A-l" and "A-2". No historical sites, structures or objects are associated with
the master plan site or subject planning areas as documented hi previous environmental reviews for the
area.
BIOLOGICAL ENVIRONMENT
12/13. The Mitigated Negative Declarations for MP 175(D) and CT 94-01 outline the lack of sensitive
biological resources on the master plan site. Sensitive biological resources are limited to the lagoon
and bluff areas or other sites located offsite from the subject planning areas. Consistent with the
existing Mitigated Negative Declarations, the development of the subject planning areas will not
adversely impact any biological resources. No plant species exist onsite, therefore, barriers to the
normal replenishment of existing species will not be created. Project landscaping associated with the
subject planning areas will be the only plants introduced into the area. Project level landscaping and
associated erosion control does not constitute a significant environmental impact. Biological impacts
resulting from the construction of major infrastructure (drainage alignments and facilities) have already
been identified and mitigated with CT 94-01.
14. The Mitigated Negative Declaration for CT 94-01 outlines the historical use of the master plan site
including the subject planning areas for agriculture. Pursuant to that project and associated
environmental review, all outstanding agricultural conversion fees have been paid or bonded for with
the mass grading allowed with CT 94-01. No further mitigation measures are required and no impacts
to agricultural areas or farmlands of importance will result from the development of the subject planning
areas. As also outlined in previous environmental documents for the site, onsite soils are mostly Marina
loamy coarse sand (M1Q which is not considered "prime" agricultural lands per the Williamson Act
definition.
15/16. As discussed in the Mitigated Negative Declarations for MP 175(D) and CT 94-01, there is minimum
habitat value for animal species in the project area which has been recently mass graded. The exception
would be the animal biodiversity associated with the lagoon and adjacent wetland areas which will
remain open space and are located offsite and away from the subject planning areas so that there will
be no impacts to the habitats or diversity of sensitive animal species associated with Batiquitos Lagoon;
or their natural patterns of movements or migrations. The biological resources of the lagoon will not
be impacted by the development of the planning areas within the master plan. Domesticated animals
in the form of household pets will likely be introduced into the area by future residents; however, this
will not significantly impact the diversity or habitat of animal species.
HUMAN ENVIRONMENT
17. The project will not alter the planned land uses of the subject sites as designated by the General Plan and
Poinsettia Shores Master Plan. Land uses and densities proposed for the subject planning areas are
consistent the master plan.
18. The project is located within Zone 9 per the City's Growth Management Ordinance. As documented in
the Mitigated Negative Declaration for CT 94-01, development of the master plan including the subject
planing areas will not adversely impact any public services or facilities. The project is consistent with
the City's Growth Management Ordinance and the Local Facilities Management Plan for Zone 9. Public
service and facility impacts, and financing, have been accounted for with the final map approval of CT
94-01 to accommodate the master plans's residential/planning area development. In addition, the
applicant has entered into a schools agreement with the School District to mitigate school facility impacts.
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19. Previous environmental reviews have documented the lack of a need for new or modified solid waste or
hazardous waste control systems. Infrastructure needs including sewer alignments and service have been
accounted for with CT 94-01. This project will receive standard conditions of approval ensuring adequate
sewer service.
20. The Poinsettia Shores Master Plan, which implements the mitigation requirements of the Mitigated
Negative Declaration prepared for MP 17S(D) on a planning area by planning area basis, requires that
every residential planning area be subject to a noise study that ensures compliance with the City's noise
policy. In accordance, PA's "A-l" and "A-2" have been designed to attenuate noise levels impacting their
projects in conformance with the City's noise policy to reduce noise impacts to below a level of
significance. The approval and development of the subject planning areas will not increase existing noise
levels to a level of significant environmental impact.
21. Through the site design and conditions of approval for the subject planning areas, no light or glare will
be directed offsite to adjacent planning areas or outside of the master plan property. Lighting within
planning areas will be low intensity and shielded from upward reflections. New light associated with the
development of the subject planning areas will not be a significant environmental impact.
22. The finish grading and construction proposed for the subject planning areas will not involve the
application, use or disposal of hazardous materials or substances so as to create a significant
environmental impact.
23. The approval and development of the subject planning areas will not substantially alter the density of the
human population of the area since only the densities already allowed by the General Plan and the
Poinsettia Shores Master Plan are proposed. The allowed densities associated with this project are also
consistent with the City's Growth Management Program and the Zone 9 Local Facilities Management Plan
(LFMP). The proposed densities of 4.3 du/ac ("A-l") and 4.7 du/ac (A-2) are within the Residential
Medium (RM) General Plan designation established by the master plan for the subject planning areas.
The RM designation allows a range of 4-8 du/ac, with a Growth Control Point of 6 du/ac.
24. The project proposes to construct market rate residential dwelling units on PA's "A-l" and "A-2"
consistent with the governing master plan. Existing housing stocks in the City will not be impacted by
this project. There will be no demand for additional housing created by the development of the subject
planning areas. This project will supply housing units; not create a need for additional housing.
25. The development of the subject planning areas will increase traffic in the area. However, as discussed
in the Mitigated Negative Declaration for MP 175(D), the master plan at buildout will generate
approximately half of the traffic associated with the former educational park master plan as documented
in the applicant's traffic study by Urban Systems Associates Inc., dated May 17,1993. In addition, the
project will comply with the circulation improvement requirements of the master plan (MP 17S-D) as well
as the master tentative map (CT 94*01) and the Local Facilities Management Plan for Zone 9 so that local
traffic impacts would be mitigated to below a level of significance.
While the Mitigated Negative Declarations and previous environmental documents that exist for Poinsettia
Shores evaluated circulation impacts, those discussions have now been superseded by the Circulation
Section (5.7) of the General Plan Update Final Master EIR (MEIR); especially with regards to regional
traffic impacts. Implementation of the updated General Plan, including projects in the Poinsettia Shores
-10-
Master Plan, will result in increased traffic volumes. Roadway segments will be adequate to
accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by
regional through-traffic over which the City has no jurisdictional control These generally include all 1-5
freeway interchange areas and major intersections along Carlsbad Boulevard including the intersection
of Carlsbad Blvd/Avenida Encinas which is associated with this master plan property. Even with the
implementation of roadway improvements, a number of intersections Citywide are projected to fail
adopted Growth Management performance standards at buildout.
Mitigation measures have been recommended in the MEIR to reduce circulation impacts. These include
measures to ensure the provision of circulation facilities concurrent with need and provisions to develop
alternative modes of transportation such as trails, bicycle routes, sidewalks and pedestrian linkages. The
diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates
impacts that are not within the jurisdiction of the City to control.
While local traffic impacts for the subject planning areas can be mitigated to below a level of
significance, regional impacts associated with the development and buildout of the master plan in general
are still considered cumulatively significant because of the failure of intersections at buildout due to
regional through-traffic. Therefore, the checklist on page 4 is marked "significant" for this item. The
recent certification of the General Plan MEIR, by City Council Resolution No. 94-246, included a
"Statement of Overriding Considerations" for Circulation Impacts. This "Statement of Overriding
Considerations" applies to all subsequent projects covered by the MEIR, including projects within the
Poinsettia Shores Master Plan. Therefore, no further environmental review of circulation impacts is
required.
26. No existing parking facilities will be affected by the buildout the master plan including development of
the subject planning areas. The parking demand created by each planning area will be accommodated
by the provision of required parking spaces and facilities within each planning area.
27. Infrastructure associated with CT 94-01 including the Avenida Encinas roadway will provide alternative
circulation routes which could alter the present patterns of circulation or the movement of people and/or
goods. The subject planning areas will contribute to the buildout of the master plan which will impact
transportation systems and nearby intersections identified in the General Plan MEIR. Because of this,
the checklist on page 4 is marked "significant" for this item for the same reasons as discussed above
under #25 of this Initial Study.
28. The master plan site and subject planning areas are outside of the McClellan-Palomar Airport influence
area so no impacts to or from air traffic will result No waterborne traffic occurs in the vicinity and the
operations of the railroad right of way will not be impacted by the approval and development of the
subject planning areas.
29. The master plan circulation system as well as the design of the subject planning areas will include
standard provisions for transportation systems accommodating vehicles, with bicycle lanes and sidewalks
for pedestrian movements, so that there will be no increased traffic hazards to motor vehicles, bicyclists
or pedestrians. There will be no significant conflicts with competing modes of transportation.
30. As documented in the MP 17S(D) Mitigated Negative Declaration, no impacts to City emergency
response plans will result from buildout of the master plan including the development of the subject
-11-
planning areas. In addition, the subject planning areas have been reviewed by all pertinent City
departments to ensure that there will be no impacts to any emergency response procedures or evacuation
plans.
31. Previous environmental documentation, including the MP 17S(D) Mitigated Negative Declaration, does
not identify any potential significant aesthetic or visual impacts associated with the development of the
subject planning areas. Development of the proposed project will not obstruct any scenic vistas or create
an aesthetically offensive public view.
32. No impacts to the quality or quantity of existing recreational opportunities will be created by the
development of the subject planning areas. Residents of PA's "A-l" and "A-2" will have access to the
master plan recreation center, PA "M" (SDP 94-03), in addition to the private recreation area associated
with unit.
-12-
a) Phased development of the project,
b) alternate site designs,
c) alternate scale of development,
d) alternate uses for the site,
e) development at some future time rather than now,
f) alternate sites for the proposed project, and
g) no project alternative.
a) Planning area phasing will not offer superior environmental benefits since proposed land uses are consistent
with MP 175(D) and major infrastructure and mass grading as been provided with CT 94-01.
b) Alternate site designs were analyzed during the processing of the subject planning areas, however, the
proposed site plans meet all development standards and design criteria as required by the master plan.
c) The proposed scale of planning area development is consistent with the allowed dwelling units and permitted
land uses for the subject planning areas.
d)N/A
e) Development at some future time, although feasible, would not be environmentally superior since all potential
environmental impacts have been identified and mitigated. All approvals, infrastructure and mitigation of
potential environmental impacts are in place or have been completed to allow the approval and development
of the subject planning areas at this time.
f) The subject planning areas are specifically designed for the implementation of the Poinsettia Shores Master
Plan. Relocation of the project to another site is neither logical nor necessary.
g) The no project alternative would leave the subject planning area undeveloped which is not consistent with
the master plan or City's General Plan.
-13-
DETERMINATION (To Be Completed By The Planning Department)
On the basis of this initial evaluation:
I find the proposed project COyr.p NQT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
X 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 EIR/Mitigated Negative Declaration pursuant to applicable standards and (b)
have been avoided or mitigated pursuant to that earlier EIR/Mitigated Negative Declaration, including
revisions or mitigation measures that have been imposed upon the proposed project. Therefore, a Notice
of Prior Compliance has been prepared.
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 proposed.
I find the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
Date Signature
Date Planning Director
LIST MITIGATING MEASURES OF APPLICABLE)
-14-
APPLICANT CONCURRENCE WITH MITIGATING MEASURES
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES
AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
Date Signature
ENM:fc
J«ii«y 24, 1995
-15-
BATIQUITOS LAGOON
POINSETTIA SHORES
RA. A-1--CT 94-04/PUD 94-03
RA. A-2--CT 94-05/PUD 94-04
EASEMENT NOTES:
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public
hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on
Wednesday, March 15, .1995, to consider a request for approval of a Tentative Tract Map and Planned
Unit Development for 49 single family detached homes on 5,000 square foot minimum sized lots within
the 10.5 acre P-C (Planned Community) zoned parcel of Planning Area "A-2" in the Poinsettia Shores
Master Plan on property generally located north of the Batiquitos Lagoon and east of the railroad right
of way, in the Coastal Zone, within Local Facilities Management Zone 9 and more particularly described
as:
Lot 2 of Carlsbad Tract 94-01, in the City of Carlsbad, County of San Diego, State of
California, according to Map No. 13181, filed in the office of the San Diego County
Recorder.
Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies
of the staff report will be available on and after March 9, 1995. If you have any questions, please call Eric
Munoz in the Planning Department at (619) 438-1161, ext. 4441.
If you challenge the Tentative Tract Map and/or Planned Unit Development in court, you may be limited
to raising only those issues you or someone else raised at the public hearing described in this notice or
in written correspondence delivered to the City of Carlsbad at or prior to the public hearing.
CASE FILE: CT 94-05/PUD 94-04
CASE NAME: POINSETTIA SHORES PLANNING AREA A-2
PUBLISH: MARCH 3, 1995
CITY OF CARLSBAD
PLANNING COMMISSION
EM.-vd
BATIQUITOS LAGOON
POINSETTIA SHORES
RA. A-2--CT 94-05/PUD 94-04
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years,
and not a party to or interested in the above-entitled
matter. I am the principal clerk of the printer of
Blade-Citizen
a newspaper of general circulation, printed and
published daily in the City of Oceanside and qualified for
the City of Oceanside and the North County Judicial
district with substantial circulation in Bonsall, Fallbrook,
Leucadia, Encinitas, Cardiff, Vista and Carlsbad, County
of San Diego, and which newspaper has been adjudged
a newspaper of general circulation by the Superior
Court of the County of San Diego. State of California,
under the date of June 30,1989, case number 171349;
that the notice, of which the annexed is a printed copy
(set in type not smaller than nonpareil), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on the
following dates, to-wit:
March 3, 1995
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Dated at Oceanside.Califomia, this 3 day
of March, 1995
Signatun
BLADE-CITIZEN
Legal Advertising
1722 South Hill Street
P.O. Box 90
Oceanside, CA 92054
(619)433-7333
This space is for the County Clerk's Filing Stamp
Proof of Publication of
Public Hearing
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of
the City of Carlsbad will hold a public hearing at the Council
Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at
6:00 p.m. on Wednesday, March 15', 1995, to consider a request
for approval of a Tentative Tract Map and Planned Unit Devel-
opment for 49 single family detached homes on 5,000 square
foot minimum sized lots within the 10.5 acre P-C (Planned Com-
munity) zoned parcel of Planning Area "A-2" in the PoinsettiaShores Master Plan on property generally located north of the
Batlquitos Lagoon and east of the railroad right of way, in the
Coastal Zone, within Local Facilities Management Zone 9 and
more particularly described as:
Lot 2 of Carlsbad Tract 94-01, in the City of Carlsbad, County of
San Diego, State of California according to Map No. 13181, filed
in the office of the San Diego County Recorder.
Those persons wishing to speak on this proposal are cdrdiall
invited to attend the public hearing. Copies of the staff report will
be available on and after March 9, 1995. If you have any ques-tions, please call Eric ivlunoz in the Planning Department a'(619)438-1161,ext.4441.
If you challenge the Tentative Tract Map and/or Planned Un..
Development in court, you may be limited to raising only those
issues you or someone else raised at the public hearing de-
scribed In this notice or in written correspondence delivered tothe City of Cartsbao at or prior to the public hearing.CASE FILE: CT94-05/PUD 94-04
CASE NAME: FOINSETTIA SHORES PLANNING AREA A-2CITY OF CARUBAD PLANNING COMMISSION
POINSETTIA SHORES
RA. A-Z-CT 94-05/PUD 94-04
egal 41645 March 3,1995
Notice of Determination'mil 95011
To:Office of Planning §nd Research
1400 Tenth Street,|px>om 121
Sacramento, C A 95*814 ^ [] [^ [| [c
Gregory j. Smith. flBCordsr/County Clerk
From:
X County Clerk
County of San Diego n
Attn: Mita
PO Box 1750 4
San Diego, CA 921^2-4147
MAR 2 9 1995
-t
City of Carlsbad
planning Department
2075 Las Palmas Dr.
Carlsbad, GA 92009
(619)438-1161
DEPUTY
Project No.: CT 94-05/PUD 94-04
Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public
Resources Code.
Poinsettia Shores Planning Area "A-2"
Project Title
City of Carlsbad. Eric Munoz (619) 438-1161. 4441
State Clearinghouse Number
(If submitted to Clearinghouse)
Lead Agency
Contact Person
Area Code/Telephone/Extension
Poinsettia Shores Master Plan, north of Batiquitos Lagoon, east of the railroad right-of-way in the City of
Carlsbad. County of San Diego, State of California.
Project Location (include county)
Project Description: Forty-nine (49) detached single family homes on 5,000 sq. ft. minimum sized lots in
the Poinsettia Shores Master Plan.
This is to advise that the City of Carlsbad has approved the above described project on March 15, 1995 and
has made the following determinations regarding the above described project.
1. The project will not have a significant effect on the environment.
2. This project was reviewed previously and a Notice of Prior Environmental Compliance was prepared
pursuant to the provisions of CEQA.
3. Mitigation measures were not made a condition of the approval of the project.
4. A statement of Overriding Considerations was not adopted for this project.
5. Findings were made pursuant to the provisions of CEQA.
This is to certify that the final Notice of Prior Environmental Compliance with comments and responses and
record of project approval are available to the General Public at THE CITY OF CARLSBAD.
PLANNING DIRECTOR
MICHAEL J. HOLZMILLER^
Date received for filing at OPR:
Date
FILED IN THE OFFICE OF THE~
SAND!EGO^COUNTYON__jMfl 2
POSTED __
RETURNED TO AGENCY ON. ^T///
DEPUTY. " ^
TITLE
EM:vd
r!989
AWDEPARTMENT OF FISH A GAME
PO BOX 944209
SACRAMENTO CA 94244-2090
CERTIFICATE OF FEE EXEMPTION
De Minimis Impact Finding
Project Title/Location (include county): CT 94-05/PUD 94-04 - Poinsettia Shores
Planning Area A-2 within the Poinsettia Shores Master
Plan north of Batiquitos Lagoon, east of the railroad
right-of-way, within the City of Carlsbad, County of San
Diego, State of California.
Name and Address of Applicant: Kaiza Poinsettia Corporation
7220 Avenida Encinas, Suite 200
Carlsbad, CA 92009
Project Description:
Forty-nine (49) detached single family homes on 5,000 square feet minimum sized
lots consistent with the Master Plan.
Findings of Exemption (attach as necessary):
1. The City of Carlsbad Planning Department has completed an Environmental
Initial Study for the above referenced property, including evaluation of the
proposed project's potential for adverse environmental impacts on fish and
wildlife resources.
2. Based on the completed Environmental Initial Study, the City of Carlsbad
Planning Department finds there is no evidence before the City of Carlsbad
that the proposal will have potential for an adverse effect on wild life
resources or the habitat upon which the wildlife depends.
3. The City of Carlsbad has on the basis of substantial evidence, rebutted the
presumption of adverse effect contained in AB 3158 Chapter 1706 Section
753.5(d).
Certification:
I hereby certify that the lead agency has made the above findings of fact and that
based on the initial study and hearing record the project will not individually or
cumulatively have an adverse effect on wildlife resources, as defined in Section 71 1 .2 of
the Fish and Game Code.
MICHAEL JTHOLZIvTILLER
Title: Planning Director
Lead Agency: City of Carlsbad
EM:vd Date: January 31. 1995
Section 711.4, Fish and Game Code
DFG: 12/90
c
City of Carlsbad
Planning Department
PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE
Please Take Notice:
The Planning Department has determined that the environmental effects of the project described
below have already been considered in conjunction with previously certified environmental
documents and, therefore, no additional environmental review will be required and a notice of
determination will be filed.
Project Title: Poinsettia Shores - Planning Area's "A-l" and "A-2"
Project Location: Poinsettia Shores Master Plan, north of Batiquitos Lagoon and east of the
railroad right-of-way.
Project Description: "A-l" consists of 36 detached single family homes. "A-2" consists of 49
detached single family homes. Minimum lot size for both Planning Areas
is 5,000 square feet.
Justification for this determination is on file in the Planning Department, Community
Development, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public
are invited. Please submit comments in writing to the Associate Planner, Eric Munoz, in the
Planning Department within thirty (30) days of date of publication.
DATED:
CASE NO:
APPLICANT:
JANUARY 30, 1995
MICHAEL JJHOLZiMILLER
CT 94-04/PUD 94-03 - PA "A-l" Planning Director
CT 94-05/PUD 94-04 - PA "A-2"
POINSETTIA SHORES - PLANNING AREA'S "A-l" AND "A-2"
PUBLISH DATE: JANUARY 30, 1995
2O75 Las Palmas Drive - Carlsbad, California 92OO9-1 576 - (619)438-1161
CAL^RttJIA DEPARTMENT OF FISH A^T GAME
PO BOX 944209
SACRAMENTO CA 94244-2090
CERTIFICATE OF FEE EXEMPTION
De Minimis Impact Finding
Project Title/Location (include county): CT 94-05/PUD 94-04 - Poinsettia Shores
Planning Area A-2 within the Poinsettia Shores Master
Plan north of Batiquitos Lagoon, east of the railroad
right-of-way, within the City of Carlsbad, County of San
Diego, State of California.
Name and Address of Applicant: Kaiza Poinsettia Corporation
7220 Avenida Encinas, Suite 200
Carlsbad, CA 92009
Project Description:
Forty-nine (49) detached single family homes on 5,000 square feet minimum sized
lots consistent with the Master Plan.
Findings of Exemption (attach as necessary):
1. The City of Carlsbad Planning Department has completed an Environmental
Initial Study for the above referenced property, including evaluation of the
proposed project's potential for adverse environmental impacts on fish and
wildlife resources.
2. Based on the completed Environmental Initial Study, the City of Carlsbad
Planning Department finds there is no evidence before the City of Carlsbad
that the proposal will have potential for an adverse effect on wild life
resources or the habitat upon which the wildlife depends.
3. The City of Carlsbad has on the basis of substantial evidence, rebutted the
presumption of adverse effect contained in AB 3158 Chapter 1706 Section
753.5(d).
Certification:
I hereby certify that the lead agency has made the above findings of fact and that
based on the initial study and hearing record the project will not individually or
cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of
the Fish and Game Code.
MICHAEL^. HC42MILLER
Title: Planning Director
Lead Agency: City of Carlsbad
EM:vd Date: January 31. 1995
Section 711.4, Fish and Game Code
DFG: 12/90
STATE OF CAUFORNIA-THE RESOURCES AGENCY
DEPARTMENT OF FISH AND GAME
ENVIRONMENTAL FILING FEE
DFG 753.5a (6-91)
H RECEIPT "38703
Lead Agency:
County/State Agency of Rling:
Project Title:
Project Applicant Name:Phone Number:
Project Applicant Address:
Project Applicant (check appropriate box): Local Public Agency | | School District |~"l Other Special District | |
State Agency I I Private Entity LJ
CHECK APPLICABLE FEES:
( ) Environmental Impact Report
( ) Negative Declaration
( ) Application Fee Water Diversion (State Water Resources Control Board Only)
( ) Projects Subject to Certified Regulatory Programs
( ) County Administrative Fee
(x) Project that is exempt from fees
TOTAL RECEIVED/n r ^
Signature and title of person receiving payment:
FIRST COPY-PROJECT APPLICANT SECOND COPY-DFG/FASB
$850.00
$1,250.00
$850.00
$850.00
$25.00
$
$
$
$
$^&f^ OXP
$- /''"'"^ -^ -—-l ^^
THIRD COPY-LEAD AGENCY FOURTH COPY-COUNTY/STATE AGENCY OF FILING
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