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HomeMy WebLinkAboutEIR 93-01; General Plan EIR; Environmental Impact Report (EIR)TI^^ OTY OF CARLSBAD LAND USE REVIEW APPUCATION FOR PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) CFOR DEPT USE ONLY) (FOR DEPT USE ONLY) • Master Plan • General Plan Amendment • Specific Plan • Local Coastal Plan Amendment • Precise Development Plan • Site Development Plan • Tentative Tract Map • Zone Change • Planned Development Permit • Conditional Use Permit • Non-Residential Planned Development • Hillside Development Permit • Condominium Permit I. • Environmental Impact Assessment • Special Use Permit • Variance • Redevelopment Permit • Planned Industrial Permit • Tentative Parcel Map • Coastal Developmenl Permit • Administrative Variance • Planning Commission Detennination (S--P ^/R List any other applications not spedficed ^//^ 2) LOCATION OF PROJECT: ON THE (NORTH. SOUTH EAST, WEST) BETWEEN SIDE OF (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: AND (NAME OF STREET) 4) ASSESSOR PARCEL NO(S). 5) LOCAL FAQLrnES MANAGEMENT ZONE 8) EXISTING ZONING 11) PROPOSED NUMBER OF RESIDENTIAL UNITS 6) EXISTING GENERAL PLAN DESIGNATION 9) PROPOSED ZONING 12) PROPOSED NUMBER OF LOTS 7) PROPOSED GENERAL PLAN DESIGNATION 10) GROSS SITE ACREAGE 13) TYPE OF SUBDIVISION (RESIDENTIAL COMMERCIAL INDUSTRLU) 14) NUMBER OF EXISTING RESIDENTIAL UNFFS IS) PROPOSED INDUSTRIAL OFFICE/SQUARE FOOTAGE 16) PROPOSED COMMERCIAL SQUARE FOOTAGE CITY OF CARLSBAD LAND USE REVTEW APPUCATION FORM P,ALGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELUNG UNITS 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 20) PROJECT NAME: 21) BRIEF DESCRIPTION OF PROJECT: 22) IN THE PROCESS OF REVIEWING THIS APPUCATION IT MAY BE NECESSARY FOR MEMBERS OF CFTY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS, OR CFIY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE SIGNATURE 23) OWNER 24) APPUCANT NAME (PRINT OR TYPE) NAME (PRINT OR TYPE) MAIUNG ADDRESS MAIUNG AD] CITY AND STATE ZIP TELEPHONE CFFY AND STATE ZIP TELEPHONE 1 CERTIFY THAT I AM "mE LEGAL OWNER AND THAT AU THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE I CERTIFY THAT I AM THE LEGAL OWNER'i REPRESENTATIVE AND THAT ALL THE ABOVE [NFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE , FOR CFFY USE ONLY FEE COMPUTA'nON: APPUCA-nON TYPB FEE REQUIRED •FOTAL FEE REQUIRED DATE FEE PAID RECEIVED BY: RECEIPT NO. NOTE ADDITIONAL FEES. STATE DEPARTMENT OF FISH & GAME City's and Counties throughout Califomia have recently been notified of new legislation (AB 3158, Chapter 1706, Statutes of 1990) which became effective on January 1, 1991. This law requires that the State of Califomia Department of Fish and Game levy a fee to all project applicants (public and private) subject to the Califomia Environmental Quality Act (CEQA) to defray the cost of managing and protecting fish and wildlife trust resouurces. Projects which are categorically exempt from CEQA which have no adverse impact on fish and wildlife or projects which are denied are not subject to the fee. All other projects are subject to the following fees: FEES Projects with Negative Declarations $1,275.00 Projects with EIR's $ 875.00 Due to State Law constraints the City of Carlsbad will collect the fee where applicable and pass it to the County of San Diego. After submission the City of Carlsbad Plaiuiing Department will make an Environmental Assessment of your application. After this initial assessment the Planning Department will notify you if the fee is required. State Department of Fish and Game PO Box 944209 Sacramento, CA 94244-2090 (916) 445-3531 Fee.ltr LAND USE REVIEW APPLICATION FOEIMS INSTRUCTIONS TO APPLICANTS In order to streamline the application process and reduce duplication in filling out application forms the Ciry has adopted a comprehensive application form ro handle multiple application submittals. The following instructions should assist you in preparing the applicarion form for submittal to the City; 1. Applications appiied for: Check the appropriate boxes for the various application types for which you are applying. Check with counter staff to determine required application types needed to process your specific project. 2. Location of Proieci: Fill in the blanks with the appropriate direction and street names. For projects located in undeveloped areas not adjacent to streets use the nearest street from which the project will take access. 3. Brief Legal Description: Generally provide a brief legal description of the property such as; Lot 6 of Map No. 8828 Carlsbad Tract 88-3; or, ponion of Lot [ of Rancho Agua Hedionda Map 1717. Do not provide bearings and distances. A full legal description will be contained vithin the title report submitted with the application. 4. Assessor Parcel No.fs): Include all assessors parcel numbers included within the project boundary. The counter staff can assist you in determining the appropriate assessors parcel number(s). 5. Local Facilities Management Zone: Write the number of the facilities management zone vkrithin which your project is located. Ask for counter assistance in determining which facility zone your project is located. It is imponant to know which facility zone includes your project. Each faciUty zone must have an adopted local facilities management plan before applications can be accepted by the City. Additionally, the adopted facility plan for your zone may contain significant pubiic facility requirements which must be met before your project may be accepted as complete or before construction permits are issued. 6. Existing General Plan Designation: Write down the General Plan Designation(s) for the property covered by your proposed project. Ask for counter assistance if you do not know your general plan designation. 7. Proposed General Plan Designation: Required only if your project involves a request for a general plan amendment. If so, write in the proposed general plan designation for the property. 8. Existing Zoning: Write dovm the existing zone plan designation for your proposed project property. Ask counter staff for assistance if you do not know your zone designation. FRM00016 8/90 Page 1 of 9. Proposed Zoning: Required only if your project involves a request for a zone change. If so, write in the proposed zone designation(s). 10. Gross Site Acreage: Write down the total acreage of the property over which your proposed project is situated. Not necessary for Zone Code Amendments or Variances. 11. Proposed Number of Residential Units: Required for residential projects. Write down the total number of proposed dwelling or apanment units to be included in the project. Include existing units which are included within the project boundary. 12. Proposed Number of Lots: For tentative tract maps and minor subdivisions only. Write down the number of lots which are proposed to be created. Include remainder parcels, open space and private street lots. 13. Tvpe of Subdivision: For tentative tract and parcel maps only. Write down the type or types of uses included within the subdivision. For example: residential or commercial/industrial. 14. Number of Existing Residential Units: Write dovm the number of existing dwelling or apanment units currently existing on the project site. 15. Proposed Industrial/Office Square Footage: For all projects which propose the creation of new industrial buildings. Write in the proposed gross square footage to be appUed for industrial/office use. 16. Proposed Commercial Square Footage: For all projects which propose the creation of new commercial buildings. Write in the proposed gross square footage to be applied to commerciai use. 17. Percentage of Proposed Proiect in Open Space: Write down the percentage of gross project site acreage which qualifies as open space per the growth management standards. Not required for Variance AppUcations. 18. Proposed Sewer Usage in Equivalent Dwelling Units: One equivalent dwelling unit (EDU) is the average of sewer generated by one house or dwelling. One EDU is equivalent to 220 gallons per day of sewer usage. Use the attached EDU chart to detemdnie the sewer usage for your project. Ask for assistance at the counter if you are unsure how to determine your usage. For industrial projects use the foUowing assumptions: a. Undeveloped industrial assiune 30 percent building coverage. b. Improved lot industrial assume 40 percent building coverage. c. For sheU or unknown industrial building usage asstame 1 EDU for each 1800 square feet. FRM00016 8/90 Page 2 of 4 19. Proposed Increase in Average Dailv Traffic ("ADT): Write down the projected increase in traffic generation which wiU result as a consequence of approval of your proposed project. Use the traffic generation rates as determined by the latest San Diego Association of Govemment Traffic Generation Rate Guide (attached). 20. Proiect Name: FiU in the box with the name of the project. Such as Rising Glen or Aviara. [f no name is proposed write in the last name of the owner or applicant plus a brief description such as Hauser Condo Conversion or Wickham Residential Subdivision. 21. Brief Description of Proiect: Write down a brief description of the project. Be specific but do not include square footages or architectural details. For example: a neighborhood commercial center with rwo drive thru restaurants; or, a single family detached residential project; or, an industrial/office complex with three industrial/office buUdings. 22. Consent to Allow Entrance onto the Property: Signature granting members of Ciry Staff, Planning Commissioners, Design Review Board Members or Ciry Council members permission to inspect and enter the property. 23. Owner's. Name. Address. Telephone and Signature: To be fiUed in and signed by the owner for aU applications. Use the owner's name as it appears on the title repon. 24. Applicant's. Name. Address. Telephone and Signature: To be filled in and signed by the appUcant. If owner and applicant are the same you may write same on the space for the name. AU correspondence and contact regarding the application wiU be directed to the appUcant. AppUcation Submittal Requirements: Attached with the appUcation form are the various submittal checklists for each appUcation type, Usted on the face of the appUcation. FoUow any instructions contained within the submittal requirements and submit the information and materials required for each of the applications for which you are applying. [MPORTANT NOTE CHECK ALL SUBMITTALS TO BE SURE ALL THE REQUIRED INFORMATION AND MATERIALS HAVE BEEN SUBMITTED WITH YOUR APPUCATION. INCOMPLETE SUBMITTALS WILL NOT BE PROCESSED OR SCHEDULED FOR REVIEW BY STAFF, THE COMMISSION OR COUNCIL. YOU WILL BE NOTIHED IN WRITING WITHIN 30 DAYS OF SUBMITTAL WHETHER OR NOT YOUR APPLICATION IS COMPLETE. FRM00016 8/90 Page 3 of 4 A PRDPOSm llOIECr HEQUmiNG THAT MULTIPUE APHICATIONS ^ FIUED MUST BE SUBMrni!|l^ft£0ltTO 3:30 PAf- A PRCPOSED PROIECT REQUIRING THAT ONLY ONE APPUCA'plf ffi FILED MUST BE SUBMnTED PRIORTO 4:00PAL Applicant Disclosure Form - AU appUcations require submittal of an appUcant disclosure form. FoUow the instructions provided on the form and the attached iiiformation sheet. Circulafion Impact Analvsis - All appUcations which propose an increase in the traffic generation rate of 500 vehicles or more over existing traffic generation for the site must submit a Circulation Impact Analysis. This Analysis wiU be used to determine compUance of your project with Growth Management FaciUty Standards. The analysis is not to be considered in Ueu of project related traffic studies which may be required by staff to analyze specific project related on and off site traffic issues. Hillside Development Permit - A HiUside D opment Permit is required for aU projects with a slope or fifteen percent or more anc elevation differential ^eater than fifteen feet. Check with City staff if you are uncer i whether or not yotir proposed project site requires a hiUside development permit. If required foUow the instructions provided on the application form. Enviromnental Impact Assessment Form - All appUcations for development require submittal of an Environmental Impact Assessment Form. Larger projects or projects in environmentaUy sensitive areas may require more detailed Environmental Impact Reports. FoUow the instruction provided with the appUcation form. Coastal Development Pennit - Projects within the coastal zone boundary may require a Coastal Development Permit. For most projects, appUcation is made to the State Coastal Commission. For projects within the Coastal Zone Boimdary and the City's Redevelopment Area, appUcation for a Coastal Development Permit is made with the Gty. FoUow the instructions on the appUcation form. AppUcants requiring Coastal Development Permits may wish to obtain a Coastal Development Permit Handbook available at the Development Processing Counter for nominal fee. FRM00016 8/90 Page 4 of 4 Citv of Carlsbad Planninq Department DISCLOSURE STATEMENT APPLICANT'S STATEMENT CF ^ISCIOSUBE OF CERTAIN OWNEBSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL SEGUiHE CiSCRETlONARY ACTION CN THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD. COMMISSION OR CCMMfTTEE, I'P/ease Pnnt) The following information must be disclosed: 1. Applicant List the names and addresses of all persons having a financial interest in the application. 2. Owner List the names and addresses of ali persons having any ownership interest in the property involved. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. If any person identiftod pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. FRM00013 8/90 2075 Las Palmas Drive • Carlsbacl, California 92009-4859 • (619) 438-1161 (Over) Disclosure Statemerrt Page 2 5. Have you had more than S250 worth of business transacted with any member of City staff, Bcarcs Commissions, Committees and Council within the past twelve months? Yes No If yes, please indicate person(s) Peraon i« dtflnad M: 'Any individual, firm, copartnarship, joint vantura, aaaociation, aocial club, fratarnal organization, corporation, astata. trust, racaivar, syndicata, thia and any othar county, city and county, city municipality, distnct or othar political subdivision, or any othar group or combination acting as a unit' (NOTE: Attach additional pages as necessary.) Signature of Owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant FRM00013 8/90 PRQJECT DESCRIPTION/EXPLANATION PROJECT NAME: APPLICANT NAME: Please describe fully the proposed project. Include any details necessary to adequately explain the scope ara/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation. Rav. 4/91 ProjOeae.frm T.\flLE 13.10.020(c) Type of Building, Structure or Use f 1) Each space of a trailer court or mobiletiome park (2) Each duplex (3) Each separate apanment in an apanment house (4) Each housing accommodanon designed for occu- pancy by a singie person or one family, inespective of the number actually occupying such accommodation (5) Each rocm of a lodginghousc. boardinghouse. hotel, motel or other muitipie dwelling designed for sleeping accommodations for one or more individuais Without cooking facilities With cooking facilities (6) Churches, theaters and auditoriums, per each unit of seating capacity (a unit being one hundred fifty per- sons or any fraction thereoO (7) Restaurants: No seating Seating Equivalent Dweiling Uaits i.OO 2.00 l.OO LOO 0.60 1.00 1.33 2.67 2.67 plus 1.00 per each 7 seats or fraction thereof Delicatessen or fast food, using only disposable uble- ware: No seating Seating 2.67 2.67 plus 1.00 per each 21 seats or fraction thereof (8) Automobile service sutions: Not more than four gasoUne pumps More than four gasoUne pumps (9) Self-service laundries, per each washer 2.00 3.00 .75 358-1 (Ctftitaad Ml) TABLE 13.10.020(c) Type of Building, Structure or Use Equivalent Dwelling Units (10) Office space m industnal or commerciai establish- ments not listed above Divide the gross tloor area ot" the building in square t'eei by 1800 (11) Schools: Elementary schools For each sixty pupils or fraction thereof 1.00 Junior high schools For each fifty pupils or fracuon thereof 1,00 High schools For each thiny pupils or fraction thereof 1.00 (12) In the case of all commercial, industnal and business establishments not included in subdivisions I through 10. inclusive, of this subsection the number of equiv- alent dwelling units shall be determined in each case by the city engineer and shall be based upon his esti- mate of the volume and type of wastewater to bc dischaifed into the sewer. The provisions of Chapter 13.16 shall apply to all cases under this subsection and an industrial waste permit shall be required. Any such permiL issued for any use hereunder, shall include a specific volume of sewage authonzed for such use. If said amount is exceeded, it shall be grounds for revocauon of the permit. (13) Warehouses: D^ide the gross floor area of the building in square feet by 5000 359 San Diego ASSOCUTIOX OF CrO\'ERNMEXTS ? . •« 900 ''ttx intaritin P'azi J: • 3 3'-»af This list only rapraaama a aui^a at tvara^a, or aattmaiad. trsffe a«wf too ratM for l«nd ua«a 'amettaaia sn acraaga sn4 SUHO ' - s4ua/« footagal m (^« San 0«*9o r«gi«<i. Th«a« rnaa ara su0|«et te en«na« aa futura 4eeumant«>eo o«c«maa ivaiiaM or u «cai tour:** ara uoastM. For m«r« sp«ei4te ir^ormaAen ragardinq traffe dad and tifp r«n. plaaaa r«(«r tQ »>« San 0<«ge Trifle Qanarasors •vtruu AN«aya chaeiti«cai iuna4ictena fer <t>«ir pratarrad or appiteaWa rmm. QUfOe OF VEHICUUfl TRAFFIC QENERATTON RATES FOR THE SAN DIEGO REGION JANUARY '.gsO ONO USE ESTIMATED WEEKDAY VEHKXE TRIP GENERA'nON RATE AgneuKura (Op«n Spaca) Airporti C«mmareiai Qanaral Ayiton Haiipens Automoblla Car Waait 2aaolina Saiaa i Daalar ft Aapair) Auto Rapair Cantar Banking Sank (Walk.tn only) Sank (w/Ortv^rewah) Onv^tfirogqh en«tr Savinga 4 Loan Oriv^OirougA only Camatariaa Church (or Syni Commoreial/npiail Camw* Supor nogtonal Shopping C«fllpr (Mora than ao aerM. mor* tttan 600.000 aq. H. w/UMMMy i-f mafOrtierMl tq. ft. w/uamHy i* maior mtmt C^mtmintlf f" (1 MO aeraa. i aO.ddMQO.000 «„ w/uauaMy i raatauranO i(»joaea%«N WMHf CaNMM MM Umtaar OardanNunaiy Junior (2 yaani m.. 1 mvi 9an^ai MMdMJuniar Hi^ Ooy Car* HIGHEST PEAK HOUR % IpUjt iN OOT -atici Botwwn 7-9 AM. B«woon 4-6 P M 2/aera* i2/aer«. lOOmigM. 70/1000 aq. fl** 4/acra. 2 flight, a^baaad aircnit* lOC/aera'* 900/aita. aOO/aera** 790/auOon. 130/pwmp'* 40/1000 aq. ft. 300/aera. ao/aarrieo stail* •* 20/1000 aq. ft. 400/aera. 20/aamea «aii* ISO/1000aq.ft. lOOO/acra*** 200/1000 aq. a. iSOQ/aera* 300/(190 on»«ray)/Ian«* ao/1000 tq. It. aOVaera** 100 (90 onaaroyl/lona** a% (6:4) 4% 6« 1% 9% 4% S% 3% 2% 4% (95) (9.5) (6:4) (7:31 IS/1000 aq. It. 4C^oaro*« (tr<P<o ro for Sunqay. or doya e( aaaomWy) 40/1000 aq. <t, lOOImW 90/1000 aq.lt.900iraor»* 70/1000 aq.7WI/ocf»* *• laOVIOOO «!. It. laOOi^oara* * 401/1000 aq. It, 40Q/aai«* i9eyi00Oaq.lt.a0B»owo*' SOO^OOOaq. It** 7<V10Q0 aq. a. rOQtaaM* «ioaOoq.lt.lOCM««~ 3V1000a%a.1l «noooi%iLr 4oncaot^<Li 4% »^ Z% (7:31 2» <7:3> 3% (6:4) 4» (•:<» aSMutfont 1001 i.i/i>i<iHt.lQroaiq* l.4/aMont,r l.OMiiont' 1.4/iMantl ««NM.7Qf1000 aOM. aanOOe aq.«.. aOQ/aara* a/baq** M (•4 9% '2% 10% 11% 5 51 i 5\ A 6\ 8% :4«) 10% (3 5) 13% 9% 15% (5S 8% ,5 5) 9% (5 5) 9% (5 5) 10% i5.5) 11% (5:5) 9% (5:5) 11% I9:n l9.5» 10% 9% 9% 9% 10% 9% 9% (9.5) III (9:5) (9.5) (I-TI 14% (3:7) 7% (3:7) 5% (3:7) 16% (9 S) 11% a% (3:7) MEMBER AGENCIES: Citiaaol Carisoaq. Chula Viata. Coronado. Ool Mtr. El Ctjon. Bncimtoa. Escondido. irrtoarnt Baicn ,a Ma$a, uamon Qrovo. National City. Oeoansido. Poway, San Oio«e. San Mareoa. Santoo. Solana aoaeh. Vitti and County of San aijo AOViSORY/uiAiSON MEMBERS: California Oooartfhont o< Tranaportotion. u S. Ooponmont of Oofonao and Ti|uana/8aia Cai.forr a sor-a induatiai induathal/tuilnaoi PlW induavMi Paili (no 'oduotrai Planl (IWL .^^ Manulaetunn^Aaooioa^f warahouain^ Storaga ^ - Scianea Raaaareh & Dswaiopniam -Braiy "'lota'iw/convantwn faeilfta*raatauranO Metal Raaort Hotat Military Siandard Coinrttorcial Oineo (laaa t^an 100.000 aq. ft) Ltrga ihigh-naa) Cowmorctal omco (mora man 100.000 aq. ft) Corporata OUteo (ainfllo ua*) Govammant (Ovic Oantai) Peat Offleo Opartmant of Motor Vahicloa Madieai Parka . Cify (davalopoo) Ragional lundawatopod) Naighborfiood ^ Amuaamont (Thon»o) San Oiogo Zoo Saa Wend Racraebon Saaeh. Ocaan or Boy Soach, Lako (ffoah watoi) Bowling Cantar Campground Qo«Courao Mannaa ^ _ p«equ«ibaH/Haa» Oub Tannia Couiti Sports FaeilMoo Outdoor StodHjni Indoor Arana Raeatraek Thaaiars (muMplaO Raaidontla* _ , , Singia Pantity Dalochsil (ivaraga4 0U/aefa) Corfdominiuni (or any muHMani^y laaa 20 0tUoero» . 16/1000 aq. ft. 20Q/aera* a/1000 tq. ft. 9Q/aera* lO/iOOOaq. ft. 120/aero* 4/1000 aq. ft, 60/acra'* 5/1000 aq. ft. 60/aera** 2/1000 aq. ft. 0.2Nault 30/•era* 8/1000 aq. ft. n/acra* 40/1000 aq. ft. 400/aefa'* 10/room. 300/aera** 9/roont. 200/acra* a/room. 100/aera* 2.9 milltarv * eivltton parMnnal* 20/1000 aq.lt. 300/aera* 17/1000 aq. ft. 800/acra* I000aq.lt. l«as«»* I000aq.ft** lO/lC 30/10001, 190/1000 aq. ft** 180/1000 aq.«.J0tVac2'" 50/1000 aq. It. 900/acra* 90/aera* 9/acra* S/aera* 80/aera. i30/ae»a (aummar only)* 119/acra* 80/acra* 800/1000 It 90/1000 It 30nana. 300/1 6Q/aer«* a/ooro* 6/oar»60»o iStoOoSV300/oa2.4aoogrt* SOnoOO aq. It. 30rto««" so/aero. 0 Jl/i 3»asro.0.l/so« 4«oera,0.««oqr gO^OOO aq.lt. i 10/dwaWngun«* lump 12% (Bd 11% ftl 14% 1:^1 aO% 1:1 1S» ff:3i 9% 0:91 16% (B:1) 2% (7-3» 8% (6:4) 8% (4 6) 9% (6:4) 9% (»:1) 14% (9:1) 13% (9:1) 8% (6:44 6% (6:9 4% 7% (7:3) 4% 6% (B4 3% 4% (1:4) asft *% 8:4 8% 9JI B% 9M 12% ?:S) 12% -2 8) 19% :3 71 20% (1 9) 29% (4 8) 9% (5 5) 14% (1 9) 10% i55) 8% 9% 7% 6 4) 6 4) ,4.6) 10% :291 13% 2 8) 14% 2 S) 15% (1 9) 12% (3 71 8% IS 5) 11% (4 8) 10% (3 n 8% 11% (4 6) 10% (4 8) 8% 9% (3 71 9% 13 7) 9% i8 4) 11% (9.5) 8% (7:3) tO% (73) 10% (7:3) 11% (7 3) 31 4;2-9«10 COAST WASTE MANAGEMENT, INC 5960 EL CAMiNO REAL, P 3 30X 947, CARLSSAO. CALIFORNIA 92008 T>ie following information regartjing three (3) cubic yard refuse bin enclosures is offered as an aid :n planning new projects or developments and to define our liability with respect to sen/icmg custorrer owned encicsures. These recommendations are based on our expenence m handling three (3) cutjic yard bms. The 'T-eas- urements of a three (3) cubic yard bm are seven (7) feet wide, five (5) feet high, and four (4) feet deeo. 1) If the bin is to sit on a slab, the minimum inside dimensions of the slab should be ten (iQ) 'eet ,v ce and seven (7) feet deep. It is extremely important that the slab be at the same level or grade as the street or parking area to facilitate the rolling of bins for loading positioning, 2) If your bin is equipped with wheels, it is very important that the slab it sits on be level. Wheeled bms can be moved by jarring or pushing and a sloped slab can cause them to roll, resulting m possible damage to enclosure walls, doors, vehicles, or injury to people. 3) It is necessary to move bins in order to dump them, please keep in mind: A) Empty bins weigh 550 Ibs. B) Full bins weigh 800-1,400 ibs. C) Bins can be rolled on flat areas or gradual inclines only. They cannot go over curbing, ledges, raised sidewalks oi» dirt, D) If bins must be moved more than ten (10) feet to be serviced, an additional charge will be rrade based on the time and distance involved. 4) If the bins are to be kept in an enclosure, it Is recommended that: (See Page 3) A) Enclosures be structurally strong, 8) Enclosure slab should be level or on the same grade as the approach to the bm, C) One of the foliowing methods of protecting the inside of your enclosure from damage by a bm should be used: 1) Install a 2" x 12" board, mounted directty behind and to the side of all surfaces that the bin may come into contact with. Tbis board should be mounted so that its center is located approximately 4' x 4Va" above floor level. 2) AddWooally. a 4" x 4" x 7' piece of angle iron bumper, bolted or othenvise securely fastened dirtctiy to the floor. Pleasa keep in mind that if a wooden bumper is used, we cannot be responsible for normal wear, tear and deterioration of the wood. All floor bumpers should be placed at least 8" from the base of all surfaces lying directly t^ehind and to the sides of the bin. D) If gates are used on the enclosures, they should be mounted so that they swing fully open with no protrualon Into the path of tha bin. This is best done by mounting the gates on the front edge of the side walls. (See page 3). The gates shouid have either chains and hooks or pin stops at their full open point to hold them open to allow the bina to be moved In and out without damaging the gatea or doors. Construction should be heavy duty. Paga 1 F^^r?^ CO^ WASTE MANAGE\fl|[T, INC. PMONfi 753-9412 " ° 80X 947. CAPLSSAO CALIPQBNIA 92008 or 4S2-9610 E) If woodan frame enckjsures are built, the door framing and hinges should be bolted togetre' as nails and screws do not hold up under constant use. Keep in mind tenants will be going in and out of the enclosures thousands of times. F) These recommendations are based on one (1) bm per enclosure. If you are planning on more bins per enclosure, we will be happy to assist you in working out the dimensions, G) If an enclosure must be some other shape than that indicated in the enclosed diagram, piease call us for additional recommendations. 5) For planning purposes in setting up refuse storage areas, these standards should be met: A) Minimum overhead clearance for approach to the z should be sixteen iyg) (eet. This clearance IS also required at roof lines such as overhanging car ports. B) Minimum driveway width for straight through drive and pick-up is fourteen (14) feet. Eighteen (18) feet IS required when a truck has to back out. C) Concrete or asphalt drives should be of sufficient strength to accommodate 54,000 Ibs. distrib- uted on ten (10) wheels. D) A minimum radius of 36 feet should be provided in areas where a turnaround is required to exit. 6) Slab construction specifications will vary according to metfxxJs of constmction. Please provide this information to your contractor to insure adequate slab strer^gth. 7) If the bin is to be in an unenclosed area, but against a structure, it is recommended that the curbing or wall protection recommended to protect the inside enclosure walls be adapted to provide protec- tion for the stnjcture. 8) The extra weight of the bin on tha front of the tmck when the bin is picked up can damage pavement in front of the bin. Tha bast protection is an 8' x 4' concrata slab aWa to accommodate 20,000 lbs. on 2 wheels in front of tha bin araa. We hope that thaaa gukMinaa and recommendations will help you in your planning. Please ba acMaad that Coast V^BSle Management. Inc., at al cannot ba responsible for damage caused by inadaquaM oonatruction or protectton methods. M you hava any fufthar questions regarding refuse ramoval. slaba, endosures. or if you would like us to look over and/or assist you with your plans, pleasa call 753-9412 or 452-9810. Pa9t2 RECOMMENDED SPECIFICATIONS FOR REFUSE TRUCKS IN OR AROUND COMMERCIAL BUILDINGS, APARTMENT BUILDINGS, CONDOMINIUMS OR MOBILE HOME PARKS Unfortunately, most builders or (jesigners (Jo not c^ve a(iequate consideration to the design of ingress and egress of conrrercial refuse trucks. Therefore, we hcoe that the following information will be of help when considering a commercial or residential building. 1. GPQSS WEIGHTS A loaded trash truck has a gross weight of 50,000 to 52,000 pounds. (25 tons + or -) 2 . STREET SURFACES Most driveways and access roads to commercial buildings, apartment buildings and condominium buildings are not designed to support such heavy loads as indicated in Item #1. A driveway must have at least 6 inches of a good grade of decomposed granite as a base with a topping of not less than i inches of asphalt. 3. DRIVEWAY WIDTHS A driveway must be not less than 20 feet wide with no parking allowed. Typically, some cities allow 24 feet wide streets with no parking; 30 feet wide streets with parking on one side; 36 feet wide streets with parking on both sides. Streets in a mobile home park are, by State Code. 30 feet wide with no street parking allowed. 4. OVERHANG HEIGHTS No overhang, such as wires, tree branches, building eaves, may be lower than 13 feet, 6 inches. By the trash con- tainer area, there must be no overhang whatsoever because a tyoical front loader refuse truck needs in excess of 20 feet in height. 5. TURNING RADIUS Refuse trucks are typically four types 1. Front Loader 2. Side Loader 3. Rear Loader 4. Roll Off 30 feet long 32 feet long 23 feet long 32 feet long To provide adequate turning area is'required (Not less Since it is not always practical to turning area, it is often necessary radius, than 80 obviously a large feet in mos t cases', provide such a •;3r:;e to do excessive ::2c< in and out. A straight run should always be orovided '.z trash receptacle area. TRASH BIN ENCLOSURES Many problems are encountered because of i-3rooer size and design of trash enclosures. For proper sizes, an enclosure must be not less than the following dimensions Interi or Interi or Hei ght length width 102 inches 65 inches 68 inches Trash bins are, by nature, clumsy and bulky. To avoid damage to the enclosure, it is strongly urged that an high curbing be installed as a guide to from bumping against the superstructure interior 6 inch prevent the bin TOP VIEW BIN ENCLOSURE -102; .n TOP VIEW 1, GATE NOTE: FLOOR OF ENCLOSURE MUST NOT BE RAISED ABOVE DRIVEWAY OR STREET GRADE. ^J« ¥ .0 ! SIDE VIEW Notice of Deteriimlation 940599 To: _X Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 From: City of Carlsbad Planning Department 2075 Las Palmas Dr. ^ Carlsbad, CA 92009 SEP \ 2 W (619) 438-1161 X. County Clerk County of San Diego Attn: Mita PO Box 1750 San Diego, CA 92112-4147 ProjectNo.: EIR 93-01/CPA 94-01 Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. General Plan Update Project Title 93091080 Citv of Carlsbad. Adrienne Landers (619) 438-1161. 4451 State Clearinghouse Number (If submitted to Clearinghouse) I^ead Agency Contact Person Area Code/Telephone/Extension City of Carlsbad, County of San Diego - Citywide Project Location (include county) Project Description: Comprehensive update of the Carlsbad General Plan and Master Environmental Impact Report analyzing the environmental impacts of implementing the General Plan. This is to advise that the City of Carlsbad has approved the above described project on September 6, 1994 and has made the following determinations regarding the above described project. 1. The project will have a significant effed on the environment. 2. An Master Environmental Impact report was prcp.ired for this projecl pursuant i^he pr^vi^ CEQA. 12 3. 4. 5. This is to approvaL provisbns .of Mitigation measures were made a condition ol the approval ol the project. ^Jr A statement of Overriding Considerations was adopted for this project. Findings were made pursuant to the provisions of CEQA. \i^l y that the final Environment.al Impact Report with comments and responses and record of project available to the General Public at THE Cm' OF CARLSBAD. PLANNING DIRECTOR HOLZMI Date received for filing at OPR: Date WUMD IV THS OPTICS OF THB QO lecp 1 % 1 fO«T«l!)SEPilJl|_REMOVSlfl(rLllJM RlTUmWlDTOAQBHCTOir /^A'^/t/^. h,^,^^ y 'Revi .evised Octo )er 1989 AL:vd STATE OF CALIFORNIA-THE RESOURCES ,IVGENCY BgPARTMENT OF FISH AND GAME t^iVIR6NMENTAL FILING FEE RECEIPT A O O O O O DFG 753.5a (6-91) ^ 7^ dX&Z, (Ux^rMjL^ Date: ^//c^/^/ _ cy Of i^Jy^i^ '^yfT' Document No.: ^</03 7 ? DFG 753.5a (6-91) Lead Agency: County/State Agency of ^fling:*^ /' Project Title Project Applicant Name: ^_ Phone Number: Project Applicant Address: Project Applicant (check appropriate box): Local Public Agency Q School District Q Other Special District I I State Agency Q Private Entity I I CHECK APPLICABLE FEES: Environmental Impact Report $850.00 $ ^^-S^ « *^ ( ) Negative Declaration $1,250.00 $ ( ) Application Fee Water Diversion fSfate Wafer Resources Contro/Soarcf On/y) $850.00 $ ( ) Projects Subject to Certified Regulatory Programs $850.00 $ County Administrative Fee $25.00 $ ^S~. ^ ( ) Project that is exempt from fees ^ TOTALRECEIVED $ R^S^, ^ Signaturearfd title of person receiving payment: /!;(.^<A'y64f'g^-^^*-*Vy RST COPY-PROJECT APPLICANT SECOND COPY-DFG/FASB THIRD COPyCHAD AGENCY FOURTH COPY-COUNTY/STATE AGENCY OF FlUNG NOTICE OF COMPLETION Mail to: State Clearinghouse, 1400 Teni treet, Rm. 121, Sacramento, CA 95814 - 916, 0613 Project Title: Comprehensive Update of Carlsbad Generat Ptan Lead Agency: Citv of Carlsbad Contact Person: Adrienne Landers Street Address: 2075 Las Palmas Drive City: Carlsbad. CA See NOTE Belou: SCH « Phone: (619)438-1161. ext. 4451 Zip: 92009 County: PROJECT LOCATION: County: San Dieqo City/Nearest Conmunity: N/A Cross Streets: . H/A Assessor's Parcel No. Interstate 5 Within 2 Miles: State Hwy #: Palomar Total Acres: Section: Twp. Waterways: Airports: Railways: Range: Base: Schools: DOCUMENT TYPE CEQA: NOP Early Cons Neg Dec Draft EIR Supplement/Subsequent EIR (Prior SCH No.) _ Other NEPA: NOI EA Draft EIS FONSI OTIIER: Joint Document Final Document Other LOCAL ACTION TYPE _X General Plan Update General Plan Amendment General Plan Element Community Plan Specific Plan . Master Plan . Planned Unit Development Site Plan Rezone . Prezone Use Permit Land Division (Subdivision, Parcel Map, Tract Map, etc.) Annexation Redevelopment Coastal Permit Other DEVELOPMENT TYPE Residential: Office: Commercial: Industrial: Educational Recreational Units _ Sq. Ft. Sq. Ft. Sq. Ft. Acres Acres Acres Acres Employees Employees Employees Water Facilities: Transportation: Minir>g: Power: Waste Treatment: Hazardous Waste: Other: Type Type Mineral Type Type Type MGD Watts PROJECT ISSUES DISCUSSED IN DOCUMENT X Aesthetic/Visual X_ Flood Plain/Flooding X Schools/Universities X Water Quality X Agricultural Land _X Forest Land/Fire Hazard X Septic Systems X Water Supply/ X Air Quality _X Geologic/Seismic X Sewer Capacity Ground Water X Archaeological/Historical _X Minerals X Soil Erosion/Compaction/Grading X Wetland/Riparian X Coastal Zone _X Noise X Solid Waste X Wildlife X Drainage/Absorption _X Population/Housing Balance X Toxic/Hazardous X Growth Inducing X Economic/Jobs J( Public Services/Facilities X Traffic/Circulation X Landuse X Fiscal X Recreat i on/Parks X Vegetation X Cumulative Effect Other Present Land Use/Zoning/General Plan Use Project Description Comprehensive of the City of Carlsbad General Plan, irKluding all elements existing background information, tables and map figures, graphics, goals, objectives, and policy statements. NOTE: Clearinghouse wilt assign identification numbers for all new projects, from 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 f in Dl ev. NOTICE OF PUBUC HEARIi^ Mail to: County Clerk, County of San Diego, PO Box 1750, San Diego, CA 92112-414f Pubtic Hearing Date: August 9. 1994 Pubtic Hearing Place: 1200 Cartsbad Village Dr. Cartsbad. CA Public Hearing Time: 6:00 p.m. /Oj |«V Project Title: EIR 93-01/GPA 94-01 - Generat Plan Update 1*" ^ .0 [L i IS) Jje e«S*))y«filitl?yiec«d8r/County Clerk '^A AUG 0 3 1994 Lead Agency: Citv of Cartsbad Street Address: 2075 Las Palmas Drive City: Carlsbad JOI DEPUTY... CohCact Pers '1 enne Lenders ^ PfRine: 1619) 43^7161. 4451 Zip: 92009_ County:^<^an Diego PROJECT LOCATION: County: San Diego City/Nearest Community: Cartsbad Cross Streets: N/A Total Acres: 42.2 sg. mi tes Assessor's Parcel No. N/A Section: N/A Twp. N/A Range: N/A Base: N/A Within 2 Miles: State Hwy #: Interstate 5 Waterways: Pacific Ocean/Batiquitos Lagoon/Agua Hedionda Lagoon Airports: wcClet tan-Halomar kai iways: NCTD Schools: jj/A ENVIRONMENTAL DOCUMENT NOP Early Cons Neg Dec Draft EIR Supplement/Subsequent EIR (Prior SCH No.) 93091080 Other LOCAL ACTION TYPE X_ Generat Plan Update General Plan Amendment Generat Ptan Etement Specific Ptan Master Plan Ptanned Unit Development Site Plan Rezone Use Permit Land Division (Subdivision, Parcel Map, Tract Map, etc.) Annexation Redevelopment Coastal Permit Other DEVELOPMENT TYPE Residential: Office: Commercial: Industrial: Recreational Units Sq. Ft" Sq. Ft. Sq. Ft. Acres Acres Acres Acres PROJECT ISSUES DISCUSSED IN DOCUMENT J< Aesthetic/Visuat J< Agricultural Land J< Air Quality J< Archaeological/Historical J< Coastal Zone J< Drainage/Absorption J< Economic/Jobs X Fiscal X Ftood Plain/Flooding _X_ X Forest Land/Fire Hazard X Geologic/Seismic J<_ X Minerals JL X Noise JL X Population/Housing Batance JL X Public Services/Facilities JL X Recreation/Parks JL Schools/Universities JL Septic Systems JL Sewer Capacity Soil Erosion/Compaction/Grading JL Solid Waste X Toxic/Hazardous JL Traffic/Circulation JL Vegetation X Water Quatity Water Supply/ Ground Water Wet I arxi/R i par i an Wildlife Growth Inducing Landuse Cumulative Effect Other Present Larxi Use/Zoning/General Plan Use N/A Project Description Comprehensive update of the Carlsbad General Plan. Where documents are located for Public Review: City HaU, 1200 Carlsbad Village Dr, Carlsbad, CA 92008 Community Development Center, 2075 Las Palmas Dr, Carlsbad, CA 92009 Main Library, 1250 Cartsbad Village Dr, Carlsbad, CA 92008 Branch Library, 6949 Et Camino Real, Suite 200, Cartsbad, CA 92009 July 1994 WiiMD IH THS OSflCS OF THS OOtTHTT CHiStt ,4.DISQ000imTT0H iAM±im ' POOTlDlftllfi 0 3 igM REM0VE13.iSgP 0 ?• W BlTOimiDTpAaSHCYOJtf ^/ffi/^f. DBPtJTT NOTICE OP^PURr-iC HEARING ^ NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carisbad Village Drive, Carlsbad, Califomia, at 6:00 p.m. on Wednesday, March 16, 1994, to consider a request for recommendation of cenification of an Environmental Impact Report and recommendation of approval of a General Plan Amendment to comprehensivelv update the Citv's General Plan. 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 10, 1994. If you have any questions, please call Adrienne Landers in the Planning Department at (619) 438- 1161, ext. 4451. If you challenge the Master Environmental Impact Report and/or the General Plan Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: EIR 93-01/GPA 94-01 CASE NAME: CITY OF CARLSBAD - GENERAL PLAN UPDATE PUBLISH DATES: CARLSBAD SUN: MARCH 3, 1994 BLADE-CITIZEN NORTH: MARCH 4, 1994 BLADE-CITIZEN SOUTH: MARCH 4, 1994 CITY OF CARLSBAD PLANNING COMMISSION Ai:vd Thc City of Carlsbad is completing a (comprehensive update of the General Plan including revisions to the General Plan Land Use Map. The Land Use Map is an integral part of the General Plan and gnq)hically portrays the location of land uses and major roadways. State law requires the map to be consistent with the text of the General Plan. Therefore, the proposed m^ reflects the changes put forward by the Updated General Plan. Generally, revisions to the map have occurred in three major areas: commercial designations, open space designations and "cleanup" changes. It should be noted that the proposed changes MAY require subsequent zone changes in the near future to maintain consistency between the Land Use Map and the 21oning Map. The City is proposing to consolidate arid/or rename several existing commercial designations as follows: Intensive Regional Retail - to - Regional Commercial Extensive Regional Retail - to - Regional Commercial Regional Service Retail - to - Regional Commercial Central Business District - to - Village Recreation Commercial - to - Travel Recreation Commercial Travel Service Commercial - to - Travel Recreation Commercial These proposals constitute only a name change with very little difference, if any, to the permitted land uses. Property boundaries are not at all affected by the proposed revisions. The City is also considering a number of "cleanup" changes to the Land Use Map to correct prior mapping errors or in2q}propriate designations. At times, revisions are proposed to redesignate the subject property to reflect existing development/conditions or to achieve better compatibility with surrounding development. Your land will bc affected by one of these revisions. Please refer to the attached location map to determine the change that is proposed with regard to your property. Due to the number of proposed revisions, it is not possible to provide a rationale for every change; however, an attachment has been provided which briefly outlines why the City is proposing to revise the land use designation on your property. If you have more specific questions, please feel free to call Adrienne Landers at thc City of Carlsbad Community Development Center (619) 438-1161, extension 4451. ^SsTING: C FmOPbSED: N ^ ® COCNTY or SAN MECO ® nniiiiiiiiiiimr 0UVEM4AM RO CITY or KNCINrrAS EXISTWG:TS,U PROPOSED: RLM City of Carlsbad CITY OF CARLSBAD GPA 94-01 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, Califomia, at 6:00 p.m. on Wednesday, March 16, 1994, to consider a request for recommendation of certification of an Environmental Impact Report and recommendation of approval of a General Plan Amendment to comprehensively update the Cit/s General Plan. 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 10, 1994. If you have any questions, please call Adrienne Landers in the Planning Department at (619) 438- 1161, ext. 4451. If you challenge the Master Environmental Impact Report and/or the General Plan Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: EIR 93-01/GPA 94-01 CASE NAME: CITY OF CARLSBAD - GENERAL PLAN UPDATE PUBLISH DATES: CARLSBAD SUN: MARCH 3, 1994 BLADE-CITIZEN NORTH: MARCH 4, 1994 BLADE-CITIZEN SOUTH: MARCH 4, 1994 CITY OF CARLSBAD PLANNING COMMISSION AL:vd The City of Carlsbad is completing a comprehensive update of the General Plan. Included within the Land Use Element are two proposed new programs which may affect you as a property owner of commercially-designated, vacant land. These include the following: Establish procedures that require a conceptual site plan and statistical analysis of the market service area to analyze and determine the feasibility and appropriateness of the proposed development (anchor tenant(s), trade area, location, etc.) as a neighborhood, community, or regional commercial center. Since the existence of a commercial land use designation impacts the ability for other sites in the general vicinity to meet the locational requirements of an adequate market, commercial land use designations (both existing and future) that are not developed will be reviewed every two years to determine whether the designation remains appropriate. If it is found that the classification is no longer appropriate, the site shall be redesignated by the City as Unplanned Area (UA). For the site to then be redesignated from UA to another land use classification, a general plan amendment must be approved. For the site to be redesignated to residential uses, a finding of consistency with the City's Growth Management Program must be made. Please refer to the attached pages which provide a staff analysis of the proposed changes. This analysis is a section of the staff report on the General Plan which will be presented to the Planning Commission on March 16, 1994. The City would like to invite you to participate in this discussion. If you have specific questions, please fee free to call Adrienne Landers at the City of Carlsbad Community Development Center (619) 438-1161, extension 4451. Assignment of Commercial Designations. Two new programs have been added to the Land Use Element which require commercially-designated land to be reviewed every two years to determine the feasibility and appropriateness of the commercial designation. These programs have been proposed to "fine-tune" policies which have existed in both the General Plan and the Zoning Ordinance for some time. More important, however, is the fact that these programs implement the General Plan goal of "A City that achieves a healthy and diverse economic base by creating a climate for economic growth and stability to attract quality commercial development to serve the employment, shopping, recreation, and service needs of Carlsbad residents". As mentioned, the proposed programs simply fine-tune existing policies. The existing General Plan Land Use Element states "Excessive undeveloped commercial zoning should be regularly reviewed and evaluated for its ability to serve the community". This policy has been incorporated in the updated General Plan as well (please refer to Commercial, C.l.f). The Zoning Ordinance maintains consistency with this policy in Section 21.52.150 as follows: 21.52.150 Review of zone changes. Zone changes, other than those initiated by the city, shall be reviewed by the Planning Commission one year after reclassification has been granted. In those cases where the new zoning has not been utilized within the one-year period, the Planning Commission shall consider whether the property should revert back to its original zone, remain as currently zoned, or be changed to a more appropriate zone. The Planning Commission may grant one extension not to exceed one year. (Ord. 9337 § 5, 1973) The intent of these policies is to ensure that commercial zone changes which may be speculative, may be revoked. Commercial land which is not developed in a reasonable fime period, may then be reviewed and redesignated at a future time. The proposed program simply implements these policies and focuses attention on commercial development to notify property owners that this is an item the City intends to address in the future, although it has not done so in the past. In keeping with the General Plan goal of attracting, promoting, and achieving a healthy economic base for the community, the City has developed an economic strategy to encourage the attracfion of revenue-producing businesses. The proposed programs support this effort because they reduce the possibility of the City losing a promising revenue generator if a potential commercial developer wants to locate in the community but is refused due to the location of another nearby, undeveloped commercial site. The proposed program is also more equitable for property owners by allowing all appropriate sites to develop according to the same regulations on a first-come, first-served basis. No property owners are penalized because another nearby, commercially-designated property is not ready to develop and may not be ready to develop for many years. This also allows the market analysis required for each site to evaluate each site on its own merits rather than the speculative appraisal of a nearby, undeveloped commercial site. Carlsbad N Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to W.C.C.N. Inc. 2841 Loker Ave. East, Carlsbad, CA 92008 (619) 431-4850 Proof of Publication STATE OF CALIFORNIA, ss. 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 principal clerk of the printer of the Carlsbad Sun, a newspaper of general circulation, published weekly in the City of Carlsbad, County of San Diego, State of Califomia, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspa- per at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next - .... nrp.cedin.g: the date of publication of the referred to; and that the le armexed is a printed iblished in each regular said newspaper and not t thereof on the follow- NOTICE OF PUBLIC HEARING ii NOTICE IS HEREBY GIVEN that the Planning Commission ofthe City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 Wednesday, March 16,1994, to consider a recjuest Wl^ifeliin tion of certification of an Environmental Impact Report and recom- mendation of approval of a General Plan Amendment to compre- hensively update the City's General Plan. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report #ill be available on and after March 10,1994. If you have any qiiestibhs, please call Adrienne Landers in the Planning Department at (619) 438-1161, ext. 445L If you challenge the Master Environmental Impact Report and/or the General Plan Amendment in court, you may be limited to rais- ing only those issues you or someone else raised at the public hearing described in this notice or in written correspohdence dlsli- vered to the City of Carlsbad at or prior to the public hearing. Case File: EIR 93-01/GPA 94-01 Case Name: City of Carlsbad - General Plan Update CITY OF CARLSBAD PLANNING COMMISSION a 7202: March 3, 1994 reh 03 19. 19. 19 19 19 94 ty of perjury that the 1 correct. Executed at • San Diego, State of e Srd reh, 1994 1 Clerk of the Printer % AFFIDAVIT OF PUBLICATION County of San Diego STATE OF CALIFORNIA) ) )ss. PROOF OF PUBLICATION Notice of General Update Workshop I have been duly swom as the Legal Advertising Representative of the Blade-Citizen, a newspaper of general circulation, published three times a week in the City of Solana Beach and Carlsbad, County of San Diego, State of California, with circulation in Cardiff, Carlsbad, Del Mar, Encinitas, La Costa, Leucadia, Olivenhain, Rancho Santa Fe & Solana Beach and that the notice of which the annexed is a true copy, was pub- lished in said newspaper on the following dates: Feb. 23, 1994 NOnCEOF OENeRALPUN ^ UPDATfwOt»K8HO»» The PlannWa CommUslon vrti how a wor* ihop on Thur««l*f, February 24, 1994 at 8:00 t>:m. atthe I ^ncU Chamber*, 1200 Carta bad Village Drive, Carlsbad, (A 920O8.Tha fur-pose (rf tM wortwiwp I* <o 90 over bad«gfound, naw fonnat, and to Idmtlfy Issue* In the updated General Plan and as-sociated Master Envlronrnen-tal Impac* Report which wM be addressed more In-depth at the Planillng Commlsskin hearing on Wednesday, March 16,1W4. Tits publie 6 invKM tb attendi. If you have any questtons iegaKUna the work-shop, Ptekse calf Adrienne Landers life the Planning De- partment at (619) 438-1181, extension 4451. CASE Not QPA94-0i/EiR 93.01 CASENAME: _ GENERM PLAN UPDATE CITYOFCARLSBAD PLANNING DEPARTMENT Legal 447B February 23,1994 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated Feb. 23, 1994 Legal Advertising Representative Blade-Citizen Newspaper PROOF OF PUBLICATION (2015.5 C.C.P.) This space is for the County Clerk's Filing Stamp STATE OF CAUFORNIA County of San Diego 1 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 Proof of Publication of 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 Carisbad, 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, underthe 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: I certify (or declare) under penalty of perjury that the foregoing is true and correa. Dated at Oceanside.Califomia, this of -day 22 ^ NOTICE OP I,. GENERAL PUN UPDATE VlfORKwSop (The hold..., FabruBi Ip.m. ( 11200 ...a, Cartebad, vn vaiue. Ttm HUK: /pose of tt» wmSrtSj /CASENO: •-gal 38779 February 22, 7 Signature BLADE-CITIZEN Legal Advertising 1722 South Hill Street P.O. Box 90 Oceanside. CA 92054 (619)433-7333 Orange County CARLSBAD SOURCE: MBA. 1991 MEX/CO / City of Ctiiibad REGIONAL LOCATION MAP EIR 93-01 CITY OF CARLSBAD / City of Cirlstid STUDY AREA MAP EIR 93-01 September 17, 1993 TO: FROM: PLANNING DEPARTMENT TRANSMITTAL OF DOCUMENTS Attached is a copy of the RE-FORMATTED PROPOSED General Plan, the Environmental Impact Report on the updated General Plan and the Technical Appendices. A 45 day review period begins Monday, September 20, 1993. Please make the documents available to the public for review. Additional copies are available for review and/or purchase at the Planning Department, 2075 Las Palmas Drive between the hours of 7:30 and 5:00 Monday - Thursday and 8:00 and 5:00 on Fridays. Thank you. Attach. 1^ A n.oWcfi has tieenffta+ted to ail property owners/occupants listed herein. Date ^rStS-q3 GPA MAILING LIST CARLSBAD UNIF SCHOOL DIST 801 PINE AVENUE CARLSBAD CA 92008 SAN MARCOS SCHOOL DIST 1290 W. SAN MARCOS BLVD SAN MARCOS CA 92069 SAN DIEGUITO UNION HIGH SCHOOL DISTRICT 627 N VULCAN AVENUE ENCINITAS, CA 92024 ENCINITAS UNION ELEMENTARY SCHOOL DIST 189 UNION STREET ENCINITAS, CA 92024 LAFCO 1600 PACIFIC HIGHWAY ROOM 452 SAN DIEGO, CA 92101 CMWD 5950 EL CAMINO REAL CARLSBAD CA 92009 LEUCADIA CTY WATER DIST 1960 LA COSTA AV CARLSBAD CA 92009 VALLECITOS WATER DISTRICT 788 SAN MARCOS BLVD SAN MARCOS, CA 92069 OLIVENHAIN MWD 1966 OLIVENHAIN RD ENCINITAS, CA 92024 SANDAG FIRST INTERSTATE PLAZA 401 "B" STREET #800 SAN DIEGO CA 9210 SAN DIEGUITO WATER DIST 59 EAST D STREET ENCINITAS, CA 92024 PLANNING DIRECTOR CITY OF SAN MARCOS 105 W. RICHMAR AVENUE SAN MARCOS, CA 92069 PLANNING DIRECTOR CITY OF ENCINITAS 505 S. VULCAN AV ENCINITAS CA 92024-3633 PLANNING DIRECTOR CITY OF OCEANSIDE 320 N. HORNE STREET OCEANSIDE, CA 92054 PLANNING DIRECTOR CITY OF VISTA 600 EUCALYPTUS AVENUE VISTA, CA 92084 PLANNING DIRECTOR COUNTY OF SAN DIEGO 5201 RUFFIN ROAD SAN DIEGO, CA 92123 CALIF DEPT OF FISH & GAME ATTN: RICHARD NITSOS 330 GOLDEN SHORE, STE 50 LONG BEACH, CA 90802 CALIF COASTAL COMMISSION ATTN: CHUCK DAMM 3111 CAM DEL RIO NORTH, # 200 SAN DIEGO, CA 92108-1725 CARLSBAD SEWER DISTRICT 5950 EL CAMINO REAL CARLSBAD, CA 92008 LEUCADIA SEWER DISTRICT 2695 MANCHESTER ENCINITAS, CA 92024 VALLECITOS SEWER DISTRICT 788 SAN MARCOS BLVD. SAN MARCOS, CA 92069 STATE CLEARINGHOUSE 1400 IOTH STREET, RM 121 SACRAMENTO, CA 95814 FINANCE PARKS & REC ARTS DEPARTMENT UTILITIES & MAINTENANCE WTIME ::;.DATE:;4 Prepare Iiutial Study 5 wks Prepare RFP a. Checklist ' b. Annotated bibliography c. Scoping issues 1 wk • RFPs out — RFPs received 3 wks Staff Evaluates — Select Top 3 Firms 2 wks Interview Firms 1 wk Select/Notify Firm — Meet with Firm to Discuss Scope 1 wk Prepare Scope 2 wks Prepare Contracts/Sign 1 wk Notice of Preparation Out — Scoping Meeting 3/i/l9A Agenda BUl Agreement 1 wk Consultant approved by C.C. 2 wks Consultant begins work — Screen Check Due 8 wks Staff Review 3 wks Staff Comments Sent 2 wks Draft EIR 3 wks Staff Review 3 wks Staff comments sent — Draft returned 50 copies 1 wk Notice of Completion Post — 9/U/<7^ Draft out for Review — Draft to Library — Draft to Developer — End Review period 60 days Comments sent to Consultants 1 wk Response to Comments 4 wks End Final Staff review 2 wks Staff Report to PD 4 wks Notice PC Hearing 3 wks PC meeting 3 wks Agenda BiU 1 wk 5-A / /fY Council Meeting 1 wk Notice of Determination 1 day * -—3 AL:kni RevGenPl City of Carlsbad Planning Department NOTICE OF COMPLETION Notice of Completion of a Draft Program Environmental Impact Report, Proposed City of Carlsbad General Plan Update Project; Lead Agency/Applicant: City of Carlsbad. Project Description The City of Carlsbad is located along the northwestem coast of San Diego County, approximately 30 miles from downtown San Diego, The Carlsbad planning area encompasses approximately 40 square miles of territory. The proposed project is the City of Carlsbad General Plan Update which involves a detailed review and appropriate revision of the document. The Draft General Plan update and companion Draft Program EIR have been prepared in accordance with Califomia Planning, Zoning, and Development Law; Califomia General Plan Guidelines; and the California Environmental Quality Act (CEQA). Pursuant to these state laws and guidelines, the Draft General Plan update and its Draft Program EIR have been concurrently prepared and are now complete to circulate together for a 45 day public review period beginning on September 20, 1993 and ending on November 4, 1993. Written comments addressing the adequacy of the Draft General Plan Update and the Draft Program EIR must be received no later than November 4, 1993; earlier comments are appreciated. Please send written comments to Adrienne Landers, Senior Planner, Planning Department, Community Development Department,at the address below. A limited number of these related documents are available for purchase at the Community Development Department. The public is invited to review these documents during the public review period at the follovdng locations in the City of Carlsbad: Community Development Department, 2075 Las Palmas Drive City Clerk's Office, 1200 Carisbad Village Drive Carlsbad Public Library, 1250 Carlsbad Village Drive La Costa Branch Library, 7750 El Camino Real, Suite M The City Council of the City of Carlsbad will hold public hearings later this year in connection with the proposed General Plan update. Public Notices will be published at that time announcing hearing dates, times, and location. PUBLISH DATE: CARLSBAD SUN BLADE CITIZEN SEPTEMBER 16, 1993 SEPTEMBER 17, 1993 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619)438-1161 ® MIG LABELS DEE LANDERS 10/11/91 ALGA HILLS C/O STACY FOSTER 7027 VIA CANDREJO CARLSBAD CA 92009 ALTAMIRA I 827 CAMINITO DEL MAR CARLSBAD CA 92009 ALTAMIRA II MINNIE KNYCH PRESIDENT 902 CAMINITO MADRIGAL CARLSBADCA 92009 ALTAMIRA V VIRGINIA BOYES PRESIDENT 6717 CLOVER COURT CARLSBAD CA 92009 AMERICAN BUSINESS WOMEN'S PO BOX 4330 CARLSBAD CA 92018-4330 BAKER, JULIE 3523 BROOKFIELD WAY CARLSBAD CA 92008 BATIQUITOS POINTE EDWARD F. WHITTLER 530 "B" STREET SAN DIEGO CA92101 BAUER-ROSS 2828 DIVISADERO ST SAN FRANCISCO CA 94123 BLADE CITIZEN 1722 SO HILL STREET OCEANSIDE CA 92054 BOONE, LAURIE 3955 SKYLINE RD CARLSBAD CA 92008 BOWER, MIGUON 2290 NOB HILL DR CARLSBAD CA 92008 BRENTWOOD HEIGHTS PO BOX 1186 CARLSBAD CA 92018-1186 BRISTOL COVE PROPERTY OWNERS 4677 PARK DRIVE #A CARLSBAD CA 92008 BUENA WOODS KEITH KENNEDY 2052 AVENUE OF THE TREES CARLSBAD CA 92008 CADE, STEVEN 3450 JAMES DRIVE CARLSBAD CA 92008 CANNOVA, CHUCK 6827 EL FUERTE ST CARLSBAD CA 92009 CAP, MARVIN 3580 TRIESTE DRIVE CARLSBAD CA 92008 CARLSBAD ARTS ASSOCIATES 1200 CARLSBAD VILLAGE DRIVE CARLSBAD CA 92008 CARLSBAD EDUCATION FOUNDATION PO BOX 205 CARLSBAD CA 92018-0205 CARLSBAD CONVENTION & VISITORS BUREAU PO BOX 1246 CARLSBAD CA 92018-1246 CARLSBAD JUNIOR WOMAN'S CLUB 6856 VIA VERANO CARLSBAD CA 92008 CARLSBAD PALISADES ELLIOTT MEHRBACH 4667 CORALWOOD CR. CARLSBAD CA 92008 CARLSBAD CREST MURRELL MILLER PRESIDENT 879 GINGER CARLSBAD CA 92009 CARLSBAD ASSOC OF REALTORS 5120-A AVENIDA ENCINAS CARLSBAD CA 92008 CARLSBAD UNIFIED SCHOOL DIST 801 PINE AVENUE CARLSBAD CA 92008 CARLSBAD REPUBLICAN WOMEN'S FED PO BOX 566 CARLSBAD CA 92018-0566 CARLSBAD HISTORICAL SOCIETY ATTN: PATTY CRATTY KIWANIS CLUB OF CARLSBAD PO 80X711 CARLSBAD CA 92018-0711 KNOLLS ASSOC MGMT, THE >TANK KOBARG 1649CAPAUNA #1 SAN MARCOS CA 92069 KULCHIN, ANN LA COSTA HOTEL & SPA COSTA DEL MAR ROAD CARLSBAD CA 92009 LA CRESTA MARY MILLER 7958 CALLE COZUMEL CARLSBAD CA 92009 LA CRESTA C/O MARQUIS MGMT. 6440 LUSK BLVD. SAN DIEGO CA 92121 LA COSTA DE MARBELLA MAUREEN TRACY 2409-0 LA COSTA AVENUE CARLSBAD CA 92009 LAGUNA DEL MAR PO BOX 19530 IRVINE CA 92664 LAGUNA ASSOCIATES 2620 ACUNA CT CARLSBAD CA 92009 LAKESHORE GARDENS 7201 AVENIDA ENCINAS CARLSBADCA 92008 LAKESHORE GARDENS ERLING LOKEN PRESIDENT 7236 SANTA BARBARA CARLSBAD CA 92009 LANDBANK PROPERTIES INC 334 VIA VERA CRUZ SUITE 208 SAN MARCOS CA 92069 LANIKAI 6550 PONTO DR CARLSBADCA 92008 LAS PLAYAS J CERKANOWICZ SECRETARY 6844 MAPLE LEAF CARLSBAD CA 92009 LEADERSHIP 2000 PO BOX 222 ESCONDIDO CA 92025 LEAGUE OF WOMEN VOTERS MIGNON BOWEN 2990 NOB HILL DRIVE CARLSBAD CA 92008 LEAGUE OF WOMEN VOTERS NORTH COAST SD COUNTY 2001 AVENUE OF THE TREES CARLSBAD CA 92008 LEAGUE OF WOMEN VOTERS MARGIE MONROY 3610 CARLSBADBOULEVARD CARLSBAD CA 92008 LERNER, MIRIAM 3355 CONCORD ST CARLSBAD CA 92008 LIONS CLUB OF CARLSBAD PO BOX 164 CARLSBAD CA 92018-0164 LO PRISCILLA 3133 HATACA ROAD CARLSBAD CA 92009 MAGDALENA ECKE FAMILY YMCA PO BOX 907 200 SAXONY ROAD ENCINITAS CA 92024 MAILACH, DONA 2018 SALIENTE WAY CARLSBAD CA 92009 MAYOR LEWIS MONARCH KIM WELSHONS 2121 PLACIDO COURT CARLSBAD CA 92009 MOREY, FRED J. 2618 ABEDULST CARLSBAD CA 92009 MOSS, JO 7571 NAVIGATOR CR CARLSBAD CA 92009 NAT'S ASSN OF RETIRED FED EMPLOYEES 455 COUNTY CLUB LANE OCEANSIDE CA 92054 NOBLE, BAILEY 5470 LOS ROBLES DRIVE CARLSBAD CA 92008 NORBY, PEDER 2630 VALEWOOD AVE CARLSBAD CA 92008 CARLSBAD SENIOR CENTER 3.096 HARDING CARLSBAD CA 92008 CARLSBAD JOURNAL STEVE DREYER PO BOX 248 CARLSBAD CA 92018-0248 CARLSBAD ROTARY CLUB PO BOX 741 CARLSBAD CA 92018-0741 CARLSBD CHAMBER OF COMMERCE 5411 AVENIDA ENCINAS #100 P.O. BOX 1605 CARLSBADCA 92018-1605 COLINAS DE ORO C/O MARQUIS MANAGEMENT 6440 LUSK BLVD. SAN DIEGO CA 92121 COLONY, THE BOB HAMMEL PRESIDENT 2692 GLASGOW CARLSBAD CA 92008 COUZENS, FRED 3969 ADAMS ST D-216 CARSLBAD CA 92008 COVENTRY HOMEOWNERS NEVILLE LAATSCH 3219 FOSCA STREET CARLSBAD CA 92009 CREST, THE JACK URBAN PRESIDENT 3789 PORTLAND COURT CARLSBAD CA 92008 ECKE, LIZBETH 5600 AVENIDA ENCINAS #100 CARLSBAD CA 92008-4452 EL CAMINO ESTATES GEORGE HEARD 2279 LISA CARLSBAD CA 92008 ERWIN, TOM 7703 GARBOSO PLACE CARLSBAD CA 92009 FINNILA, RAMONA FOUNTAINBLEAU TERRACE 6708 ABANTO STREET CARLSBAD CA 92009 FRIENDS OF CARRILLO RANCH 2622 EL AGUILA LANE CARLSBAD CA 92009 FRIENDS OF THE LIBRARY 1250 CARLSBAD VILLAGE DRIVE CARLSBAD CA 92008 GANELIN, BILL 1650 JAMES CT CARLSBAD CA 92008 GOLDMAN, IRVING 4012-C LAYANG CIRCLE CARLSBAD CA 92008 HALL MATT 1045-A AIRPORTRD OCEANSIDE CA 92054 HANEC HOMEOWNERS ASSOC JIM NIPPER 2877 ANDOVER AVENUE CARLSBAD CA 92008 HARBOR POINTE LOUIS CAVARETTA VICE PRES 6825 WATERCOURSE CARLSBAD CA 92009 HASWC JACK BAMBERGER 6731 OLEANDER WAY CARLSBAD CA 92009 HENTHORN & ASSOCIATES 5421 AVENIDA ENCINIAS ST B CARLSBAD CA 92008 HICKEY, JUSTIN B 3604 KINGSTON ST CARLSBAD CA 92008 HILLMAN PROPERTIES WEST INC. PAUL KLUKAS 2011 PALOMAR AIRPORT RD #206 CARLSBAD CA 92008 HOFMAN PLANNING ASSOCIATES 2386 FARADAY AVE. ST. 120 CARLSBAD CA 92008 HOWARD-JONES, MARJORIE 4823 ARGOSY LANE CARLSBAD CA 92008 INFORM 2359 PIO PICO DR CARLSBAD CA 92008 JACKSON, DONALD E. 260 NORMANDY LANE CARLSBAD CA 92008 JEREZ VILLA CONDOMINIUMS LEO J. DULACKI 7511-A JEREZ COURT CARLSBAD CA 92009 NORTH COAST SD LEAGUE OF WOMEN VOTERS 3610CAftLSBAD BLVD CARLSBAD CA 92008 NW QUAD CITIZENS 1 BARRIO GROUP 1611 JAMES DRIVE CARLSBAD CA 92008 GROUP &-NYGAARD, JULIE OPTIMIST CLUB OF CARLSBAD PO BOX 669 CARLSBAD CA 92018-0669 PACIFIC PANORAMA OWNERS GLORIA GIORELLA P.O. BOX 1803 CARLSBAD CA 92018-1803 PONDEROSA COUNTRY C/O MERfT PROP. MGMT 8950 VILLA LA JOLLA DR. LA JOLLA CA 92037 PROJECT FUTURE ANNE MAUCH PO BOX 4650 CARLSBAD CA 92008 RANCHO CARLSBAD RON SCHWAB 5200 EL CAMINO REAL CARLSBAD CA 92008 RANCHO PONDEROSA STEPHEN KISSICK 7812 LAS NUECES PLACE CARLSBAD CA 92009 REAGAN MARY ELLEN 6550 PONTO DR #13 CARLSBAD CA 92009 RICK ENGINEERING 5620 FRIARS RD SAN DIEGO CA 92110-2513 SANTA FE RIDGE KIT MARKHART 2904 CORTE CELESTE CARLSBAD CA 92009 SAVARY, PEGGY 6528 PERSA STREET CARLSBAD CA 92009 SCHLEHUBER, CLARENCE 4085 SUNNYHILL DRIVE CARLSBAD CA 92008 SCHRAMM, SCHRAMM 2430 STROMBERG CIRCLE CARLSBAD CA 92008 SDG&E PAUL L O'NEAL 5315 AVENIDA ENCINAS CARLSBAD CA 92008 SEA BLUFF VILLAGE SALLY KOSS 1835 PARLIAMENT ROAD ENCINITAS CA 92024 SEA CLIFF GEORGE EISNER PRESIDENT 7305 LINDENTERRACE CARLSBAD CA 92009 SEAGATE B WRIGHT RENTAL MANAGER 6555 SEAGATE DRIVE CARLSBAD CA 92009 SEAPORT AND SEAPORT VILLAS HOMEOWNERS REPRESENTATIVE 800 GRAND AVENUE #A18 CARLSBAD CA 92008 SEELYE, HERMAN J 3606 KINGSTON CARLSBAD CA 92008 SOLAMAR JOAN LOOS PRESIDENT 6521 EASY CARLSBAD CA 92009 SPINNAKER HILL JOE REED PRESIDENT 1008 DAISY AVENUE CARLSBAD CA 92009 SPYGLASS POINT C/O CJ. MGMT. SERVICES 2182 EL CAMINO REAL #209 OCEANSIDE CA 92054 STANTON, MARGARET TAMARACK POINTE PACKARD & LOOMIS 5670 EL CAMINO REAL #F CARLSBAD CA 92008 TAMARACK BEACH RESORT RESORT MANAGER 3200 CARLSBAD BLVD. CARLSBAD CA 92008 TERRAMAR BAILEY NOBLE 5470 LOS ROBLES CARLSBAD CA 92008 THACKER, NEVILLE I. 3810 PARK DRIVE CARLSBAD CA 92008 TIBURON CARLSBAD M.C. THOMPSON 3115 AVENIDA DE ANITA CARLSBAD CA 92008 TRAILS ASSOC MGMT, THE TANK KOBARK 1649 CAf'ALINA #1 SAN MARCOS CA 92069 VILLAGE MERCHANTS 1519 GRAND AVENUE PO BOX 2115 CARLSBAD CA 92018-2115 VILLAS, THE JIM NIPPER 2877 ANDOVER AVENUE CARLSBAD CA 92008 VISTA PACIFICA CAROL SVENDSEN REP 913 ROSEMARY AVENUE CARLSBAD CA 92009 WELSHONS, KIM 2121 PLACIDO PL CARLSBAD CA 92009 WELTY, WALDON & DELORES 2076 SHERIDAN ROAD ENCINITAS CA 92024 WILSONIA KIP MCBANE 2691 CREST DR. CARLSBAD CA 92008 WINDSONG COVE J.M. HATCH 4011-BCANARlO STREET CARLSBAD CA 92008 WOLDER, MS. JERRI S. 5460 CARLSBAD BLVD CARLSBAD CA 92008 WOMEN'S CLUB OF CARLSBAD PO BOX 173 CARLSBAD CA 92018-0173 AFFIDAVrr OF PUBLICATION County of San Diego ) STAIE OF CALIFORNIA )ss, PROOF OF PUBLICATION I have been duly swom as the Legal Advertising Representative of the Blade-Citizen, a semi-weekly news- paper of general circulation, printed in the City of Oceanside, published in the City of Solana Beach and Carlsbad, County of San Diego, State of Califomia, and that the notice, of which the annexed is a true copy, was published in said newspaper on the following dates: , ^ In 1^3 I certify (or declare) under penalty of perjury t±at the foregoing is true and correct. Dated this / 7 day of ^ /ff ^ . review ^^^^^^^^^^^^^^ W Notice of Completion of a prit Program Environmental Inipact Report. Proposed City of Carlsbad Gerterfid Plan Update PfojectrLead Aoency/Af^llcant: Cliy of Carlsbad. ThecL^fcSadis lo(J^ along the northwestem ooafet of San Diego Couniy, appwimately 30 mites^m downtS^ Carlsbad planning area encompasse«'«rOximateIy 40 square m iS oH6r?rt^ T^^ proposS project is the Cl5 of General Plan Jpdate wh^ mvolves a SSiSI'proS^EIR have beenprepare^ ^ a^dartil with Oaliforma P^h»ng. Zom Sd^etoprSSSlifomia General P% and*e Califqmia Em^^rtmmerital Qi^Wy , Act(CB3A). • 1 ^„ icn Pursuant to these Stati iaws and guidelines, the Draft General Plan update and itsMn P;^^^^ pIR ha^ Sn wSrehtly p comfSeteto circulate together for a45 day pubjic SSwSon Se^eXr^^^^ and ending on Novembers. 1993. Wrim<gmrnerite SesKe aSauS^S^e Draft General Plan Update and the Draft Prograrh E»R ^f^J^^ fSednolS^h November 4.1993: earlier comments are appreciated. Please send writteA Slnte toSnne Landers. Senior Planner. Planning Department, Community Davelopment Department, at the address below. 1 A limited number of these related documents are available for purchase at the Community Seve^menX^ent The public is invited td review these documents during the public review iaeriod atthefollowing locations in the City of Garl^^^ -^^^ , • Community Development Departmem,^7f Laii PaTO^ • City Clerk's Office, 1200 Carlsbad Village Drive . Carlsbatti Public Library , 1250 Carlsbad Village Drive • La Costa Branch Library, 7750 El Camino Real. Suite M The City Coundl of the City of Carlsbad will hold publte hearings later this year in connecton witti PSOSJ General Plan uf^ate. Public Notices wHl be published at that ttme announcing heanng times, and location. Legal4298 .September 17,1993 . ^ _ ' •—• the tetes, Legal Advertising kepresentative Carlsbad SUN Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to W.C.C.N. Inc. 2841 Loker Ave. East, Carlsbad, CA 92008 (619) 431-4850 Proof of Publication STATE OF CALIFORNIA, ss. 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 principal clerk of the printer of the Carlsbad Sun, a newspaper of general circulation, published weekly in the City of Carlsbad, County of San Diego, State of Califomia, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspa- per at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the aimexed is a printed ished in each regular lid newspaper and not hereof on the follow-NOTICE OF COMPLETION Notice of Completion ofa prart Program Environmenfal Impait Hepoif. I'ropo.scd t'i(\ of Carlsbad General Plan Update Project; Lead AKcncy Applicant; t'ity of Caiisbad. Prpject Descriptiou The City of CarLsbad i.s located along the northwestern coast-of San Divfio County, approximately 30 miles from downtown San Dieno. The Carlsbad planninn area encom- passes approximately 40 .square miles of territory. The proposed project is the City of Cartsbad General Plan Update which involves a detailed review and appropi iate l evision of the document. The braO General Plan update and companion Drall I'loKiam EIR have been prepared in accordance with California Planning. Zoriinn. and Development Law; California General Plan Guidelines: and the California Environmental Quality Act (CEQA). Pursuant to these state laws and suidelines. the Draft Genertfl Plan update and its Draft Program EIR have been concurrently prepared and are now complete to circulate together for a 45 day public review period beginning on September 20.1993 and ending on November 4. 1993. Written comments addressing fhe adequacy of the4>rafl General Plan Update and the Draft Program EIR must bc received no later than November 4. 1993; e'aVlier comments are appreciated. Please send written comments ,to Adrienne Landei s. Senior Planner. Planning Department. Community Development l)eportment. at 2075 Las Palmas Drive. Carlsbad. CA 92009-1576. ' / A limited number ofthese related documents are availablt? I<»r |)t|r6h^ at the Com- munity Development Department. The public is invited to reyiew these documents during thfe'>ublic review period atlhe following locations in fhe Cit^i' of CarlsHad. • Community Development Department. ?075 Las Palmas Driyc, • City Clerk s OfTice. 1200 Carlsbat} Village Drive * • parlsbad Public Library. 1250 Carlsbad Village Drive i:.:..'''f'i'il,^ • Lll Costa Branch Library. 7750 El Camino Real. Suite M mi> r Iftie City Council of the City ofjf arlsbad will hold pubii< cii^ection, wjth the proposed G^#ral uB^t^^liflw'^" '.I :in-} • I WHWIK Ifter this vear in l^^illlbe published at mber 16 19 93 19 19 19 19 y of perjury that the correct. Executed at San Diego, State of 6th imber, 1993 Clerk of the Printer Carlsbad SUN Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to W.C.C.N. Inc. 2841 Loker Ave. East, Carlsbad, CA 92008 (619) 431-4850 Proof of Publication STATE OF CALIFORNIA, ss. 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 principal clerk of the printer of the Carlsbad Sun, a newspaper of general circulation, published weekly in the City of Carlsbad, County of San Diego, State of Califomia, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspa- per at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next -orec&ding the date of publication of the ferred to; and that the NOTICE OF "SCOPING If EETING" ON THE CARtSitAD GENERAL PLAN UPDATE .— —..^^—_—, OQ March 11,1993 the City of Carlsbad Planning Dei>arf ment will .be holding a "scoping meeting" regarding the General Plan tJpdate Ent^ironmentai Impact Repiort (EIR). The meeting will be held at the Ci^ Cottncil Chambers, 1200. CaVlsbad Village Drive, Carlsbad from 6:00 p.m. to 8:00 p.m. : K The purpose of this meeting is to identify potential edVironment^l impacts associated with the Update so that they can be addressed in the EIR. It is h{>t the purpose ofthis meeting to debate the pros and cons of the proposaL Pnycct Descrtption The City of Carlsba^ recently completed a comprehensive update of its General Plan, including a detailed review and subsequent update of all the eltitnents, existing back- ground information, tables and map figures, graphics,goals, objectives and policy state- ments. The proposed project is a comprehensive amendment qf the City of Carlsbad General Plan focusing on the environmental impacts assodated with ttie additional or in- cremental physical devel^mient allowed by the buildout of the Plan. Included are all elements, existing Backgt^Und information, tables aiid map figures, grapbics, goals, objectives and policy statements. '. The General Plan Update does not represent a speciflc devel^jpment proposal with defined project characteristics. Therefore, this EIR willlie prepared sis a Program EIR to evaluate the impacts of implementing the General Plan Update^ aUowing^e City to consider broad policy alternative and program-wide mitigation measures (Secitiioji 15168 bfthe California Environmental Quality Act (CEQA) Guidelines). The proposed I^ogram EIR will focus on the potential impacts of new or modified policy recemtiendatibhs and strategies, and secondary eflfects that may be expected tt r^nlllfl'otii the leng'-term implementation of the Updated General Plan. The degree erspecillidl^ iised to analyze the potential impacts will be related to the broad natiire tif the poU(|y« recommendations and strategies contained in the Upidated General Pla^ , J If youhave any questions regardihg the General Plai^l^j^date "scoping meetii^", please contact Adrienne Landers ofthe Carlsbad Planning I^p^ai^nient at (i|$) 438?^U^ Sion4451. • ..• , : ':[;^.''.'> ^ C^SEi FILE: EIR 93^1 < Ci^l^ NAME: General Hah llpd^ ^ Eio^ Ci4(»4: •February'25.1993 j .^4-^-'*r';,|;'.; , . t-1 annexed is a printed ished in each regular aid newspaper and not hereof on the foUow- jary 25 19 93 19 19 19 19 y of perjury that the correct. Executed at San Diego, State of 25th uary, 1993 Clerk of the Printer GP EIR 93-01 February 11, 1993 ARCHAELOGICAL FELLOWSHIP SAN DIEGO STATE UNIVERSITY SAN DIEGO, CA 92115 CA DEPT OF TRASNPO DISTOICT 11 JERRY LOVE 2829 SAN JUAN STREET SAN DIEGO CA 92186-5406 CALIF NATIVE PLANT SOCIETY ENVIRONMENTAL TECH COMM PO BOX 1390 SAN DIEGO. CA 92112 CARLSBAD MUNICIPAL WATER DIST 6780 EL CAMINO REAL CARLSBAD, CA 92008 COASTAL COMMISSION 3111 CAMINO DEL RIO NORTH #200 SAN DIEGO CA 92108-1725 COUNTY OF SAN DIEGO ENVIRONMENTAL DIVISION 5201 RUFFIN ROAD SAN DIEGO, CA 92123 CTY SD-NOISE CONT HRNG BOARD ATTN: RAYSACCO 1700 PACIFIC HIGHWAY SAN DIEGO CA 92101 DEPARTMENT OF PUBUC HEALTH PACIFIC HEALTH OFFICER 1600 PACIFIC HIGHWAY SAN DIEGO, CA 92101 DIVISION OF MINES & GEOLOGY DEPT OF CONSERVATION 1416 9TH ST ROOM 1326-A SACRAMENTO CA 95814 ENCINA JOINT POWERS 6200 AVENIDA ENCINAS CARLSBAD CA 92008 ENCINITAS UNION SCHOOL DIST C/O GENE FREDRICKS 189 UNION STREET ENCINITAS CA 92024 FARM ADVISOR COUNTY OPERATIONS CENTER 5555 OVERLAND BLDG. 4 SAN DIEGO CA 92123 FISH & GAME TERRI STEWART 7821 ORIEN AVE LA MESA CA 91941 NOISE CONTROL HEARING BOARD ATTN: RAYSACCO 1700 PACIFIC HIGHWAY SAN DIEGO, CA 92101 OFFICE OF EMERGENCY SERVICES RICHARD ANDREWS 2800 MEADOWVIEW ROAD SACRAMENTO CA 95832 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 PALOMAR AIRPORT MANAGER 2198 PALOMAR AIRPORT RD CARLSBAD, CA 92008 PLANNING DIRECTOR CITY OF OCEANSIDE 320 N. HORNE STREET OCEANSIDE CA 92054 PLANNING DIRECTOR CITY OF ENCINITAS 527 ENCINITAS BLVD # 100 ENCINITAS, CA 92024 PLANNING DIRECTOR CITY OF SAN MARCOS 105 W. RICHMAR AVENUE SAN MARCOS, CA 92069 PLANNING DIRECTOR CITY OF VISTA 600 EUCALYPTUS AVENUE VISTA, CA 92084 S.D. COUNTY SANITATION ATTN: ENVIRONMENTAL COORDIN 555 OVERLAND SAN DIEGO, CA 92123 S.D. REGIONAL WATER QUAUTY CONT. BOARD: ENVIR COORD 9771 CLAIREMONT MESA BL, # B SAN DIEGO CA 92124-1331 SAN DIEGO GAS & ELECTRIC CO PO BOX 1831 SANDIEGO, CA 92112 SANDAG - LAND USE COMMISSION ATTN: JACK KOERPER 1200 3RD AVE, SUITE 524 SAN DIEGO CA 92101 SANDAG ATTN: INTERGOV RELATIONS 401 "B" STREET, #800 SAN DIEGO, CA 92101 SD CO AIR POLL-CONTROL DISTRICT ATTN: ENVIRONMENTAL COORD 9150 CHESAPEAKE SAN DIEGO CA 92123 GP EIR RFP FEBRUARY 9,1993 BIOSYSTEMS ANALYSIS, INC JEFFREY L LINCER PHD SORRENTO TOWERS 5355 MIRA SORRENTO PL # 100 SANDIEGO CA 92121 arm & ASSOCIATES* GARY P. CINTI PRESIDENT 1133 COLUMBIA STREET STE. 201 SANDIEGO CA 92101 BROWN & CALDWELL 9040 FRIARS ROAD #220 SANDIEGO CA 92108 OVIC SOLUTIONS THOMAS G. MERRELL, AlCP 31726 RANCHO VIEJO RD STE 223 SAN JUAN CAP CA 92675 CARNOT/MARK MCDANIEL 15991 RED HILL AVE SUITE 110 TUSTIN CA 92680 COLEMAN PLANNING GROUP 110 ESCONDIDO AVE SUITE 207 VISTA CA 92084 CORCORAN DREW PARTNERS* JAMES A ROGERS, AlCP 2240 UNIVERSITY DRIVE STE 120 NEWPORT BEACH CA 92660 COTTON/BELAND/ASSOOATES 747 E.GREEN STREET #400 PASADENA CA 91101 COTTON/BELAND/ASSOCIATES SHERRI KECHETEK 619 S VULCAN AVE SUITE 205 ENCINITAS CA 92024 CRAIG LORENZ & ASSOC. 7565 ACAMA STREET SANDIEGO CA 92126 CURTIS SCOTT ENGLEHORN PO BOX 458 CARDIFF-BY-THE-SEA CA 92007 CYP, INC 2955 RED HILL AVENUE COSTA MESA CA 92626 D.G. KING 1254 BERRIAN STREET CLAREMONT CA 91711 DAMES & MOORE 9665 CHESAPEAKE DR SUITE 360 SANDIEGO CA 92123 DUDEK & ASSOCIATES, INC 605 THIRD STREET ENCINITAS CA 92024 EDAW MAURA KNOWLES 1920 MAIN SUITE 450 IRVINE CA 92714 ENTRANCO HEIDI R. HOPP 600 SO. ANDREASEN DR. STE. A ESCONDIDO CA 92029 ERC JULIE MCCALL 5510 MOREHOUSE DRIVE SANDIEGO CA 92121 FORMA^ 8910 UNIVERSITY CTR LANE #250 SANDIEGO CA 92122 H.D. HINSHAW ASSOCIATES PHIL HINSHAW 6136 MISSION GORGE RD #111 SANDIEGO CA 92120 HELIX ENV. PLANNING, INC DAVID W. CLAYCOMB, AlCP 7777 ALVARADO RD. STE. 290 LA MESA CA 91941 INNIS-TENNEBAUM DAVID TENNEBAUM 1400 FIFTH AVENUE #400 SANDIEGO CA 92101 J.R- AGOZINO ASSOCIATES 4069 CARVEACRE TRAIL ALPINE CA 91901 KELLER ASSOCIATES INC. EDWARD BEVERIDGE 1727 FIFTH AVENUE SANDIEGO CA 92101 LETTIERI MONTYRE ASSOCIATES DEBORAH L COLLINS 533 F STREET SUITE 209 SANDIEGO CA 92101 LEWIS & ZIMMERMAN ASSOCIATES TERRY HAYS, CVS 16981 VIA TAZON, SUITE X SANDIEGO CA 92127 LG&E PCWER SYSTEMS 2030 MAIN STREET IRVINE CA 92714-7240 UNSCOTT, LAW & GREENSPAN JOHN P KEATING PE 8989 RIO SAN DIEGO DRIVE SUITE 135 SANDIEGO CA 92108 MOONEY.LEVINE & ASSOC BILL GRAHAM 9903-B BUSINESS PARK SAN DIEGO CA 92131 LOCKMAN & ASSOCIATES h732 RANCHO VIEJO RD # D-l SAN JUAN CAP CA 92675-2778 OGDEN ENVIRONMENTAL 5510 MOREHOUSE DRIVE SAN DIEGO CA 92121 THA WILEY ENV. 522 GRANADA AVENUE SANDIEGO CA 92102 ORANGE COAST GROUP, INC. BEN ORTEGA 3020 OLD RANCH PKW SUITE 440 SEAL BEACH CA 90740-2751 P&D TECHNOLOGIES WARREN SPRAGUE, AlCP 401 W "A" STREET SUITE 2500 SANDIEGO CA 92101 PBR 18012 SKY PARK CIRCLE IRVINE CA 92714 PLANNING & DESIGN SOLUTIONS 4770 CAMPUS DRIVE SUITE 240 NEWPORT BEACH CA 92660-1834 RAGSDALE AND ASSOCIATES 7734 HERSCHEL AVENUE SUITE N LA JOLLA CA 92037 RBF/SHOLDERS & SANFORD 3569 FIFTH AVE SAN DIEGO CA 92103-5015 RBT BEIN, WM FROST & ASSOC 71 NORTH FOURTH AVE CHULA VISTA CA 91910 SANCHEZ TALARICO ASSOC 550 C NEWPORT CENTER DR. NEWPORT BEACH CA 92660 SB&O^ 3615 KEARNY VILLA ROAD #201 SAN DIEGO CA 92123 SOUTH COUNTIES CONSULTANTS 25108 MARGUERITE PKWY #316 MISSIONVIEJO CA 92692 SOUTH COAST ENVIRN. CO. 1582-1 N BATAVIA ORANGE CA 92667 STIVERS & ASSCX3ATES GUY A STIVERS, ASLA 18301 IRVINE BLVD. SUITE IB TUSTIN CA 92680-3438 SYCAMORE ASSOCIATES 1612 ROSE STREET BERKELEY CA 94703 THE PLANNING CENTER COLLETTE MORSE 1300 DOVE STREET #100 NEWPORT BEACH CA 92660 THE KEITH COMPANIES ROBIN PAOLINO DELOTELL 2995 RED HILL AVENUE COSTA MESA CA 92626 THE KTGY GROUP, INC* ROBERT M. YAMAFU JI, PRESIDENT 2 EXECUTIVE CIRCLE STE 190 IRVINE CA 92714 TIERRA PLANNING & DESIGN 34191 CAMINO CAPISTRANO CAPISTRANO BEACH CA 92624 TORSTAN 160 CHESTERFIELD SUITE 3 CARDIFF CA 92007 URBAN VISION MATTHEW E. MOORE, M.A SIXTY CORPORATE PARK STE 100 IRVINE CA 92714 WESTEC SERVICES, INC 5510 MOREHOUSE DRIVE SANDIEGO CA 92121 ZUCKER SYSTEMS 1545 HOTEL CIRCLE SOUTH SAN DIEGO CA 92108 BIOSYSTEMS ANALYSIS, INC. JEFFREY L UNCER PHD SORRENTO TOWERS 5355 MIRA SORRENTO PL # 100 SANDIEGO CA 92121 CINTI & ASSOCIATES* GARY P. CINTI PRESIDENT 1133 COLUMBIA. STREET STE. 201 SANDIEGO CA 92101 GP EIR 93-01 - RFP FEBRUARY 9, 1993 BROWN & CALDWELL 9040 FRIARS ROAD #220 SANDIEGO CA 92108 CIVIC SOLUTIONS THOMAS G. MERRELL, AlCP 31726 RANCHO VIEJO RD STE 223 SAN JUAN CAP CA 92675 CARNOT/MARK MCDANIEL 15991 RED HILL AVE SUITE 110 TUSTIN CA 92680 COLEMAN PLANNING GROUP 110 ESCONDIDO AVE SUITE 207 VISTA CA 92084 CORCORAN DREW PARTNERS* JAMES A ROGERS, AlCP 2240 UNIVERSITY DRIVE STE 120 NEWPORT BEACH CA 92660 COTTON/BELAND/ASSOCIATES 747 E.GREEN STREET #400 PASADENA CA 91101 COTTON/BELAND/ASSOCIATES SHERRI KECHETER 619 S VULCAN AVE SUITE 205 ENCINITAS CA 92024 CRAIG LORENZ 8c ASSOC. 7565 ACAMA STREET SAN DIEGO CA 92126 CURTIS SCOTT ENGLEHORN PO BOX 458 CARDIFF-BY-THE-SEA CA 92007 CYP, INC. 2955 RED HILL AVENUE COSTA MESA CA 92626 D.G. KING 1254 BERRIAN STREET CLAREMONT CA 91711 DAMES & MOORE 9665 CHESAPEAKE DR SUITE 360 SANDIEGO CA 92123 DUDEK 8t ASSOCIATES, INC. 605 THIRD STREET ENCINITAS CA 92024 EDAW MAURA KNOWLES 1920 MAIN SUITE 450 IRVINE CA 92714 ENTRANCO HEIDI R. HOPP 600 SO. ANDREASEN DR. STE. A ESCONDIDO CA 92029 ERC JULIE MCCALL 5510 MOREHOUSE DRIVE SAN DIEGO CA 92121 FORMA^ 8910 UNIVERSITY CTR LANE #250 SANDIEGO CA 92122 H.D. HINSHAW ASSOCIATES PHIL HINSHAW 6136 MISSION GORGE RD #111 SANDIEGO CA 92120 HELIX ENV. PLANNING, INC. DAVID W. CLAYCOMB, AlCP 7777 ALVARADO RD. STE. 290 LA MESA CA 91941 INNIS-TENNEBAUM DAVID TENNEBAUM 1400 FIFTH AVENUE #400 SANDIEGO CA 92101 J.R. AGOZINO ASSOCIATES 4069 CARVEACRE TRAIL ALPINE CA 91901 KELLER ASSOCIATES INC. EDWARD BEVERIDGE 1727 FIFTH AVENUE SANDIEGO CA 92101 LETTIERI MCINTYRE ASSOCIATES DEBORAH L COLLINS 533 F STREET SUITE 209 SANDIEGO CA 92101 LEWIS & ZIMMERMAN ASSOCIATES TERRY HAYS, CVS 16981 VIA TAZON, SUITE X SANDIEGO CA 92127 LG&E POWER SYSTEMS 2030 MAIN STREET IRVINE CA 92714-7240 LINSCOTT, LAW & GREENSPAN JOHN P KEATING PE 8989 RIO SAN DIEGO DR #135 SANDIEGO CA 92108 MOONEY.LEVINE & ASSOC. BILL GRAHAM 9903-B BUSINESS PARK SANDIEGO CA 92131 'LOCKMAN & ASSOCIATES 31732 RANCHO VIEJO RD # D-l SAN JUAN CAP CA 92675-2778 OGDEN ENVIRONMENTAL 5510 MOREHOUSE DRIVE SAN DIEGO CA 92121 'MARTHA WILEY ENV. 1522 GRANADA AVENUE SAN DIEGO CA 92102 ORANGE COAST GROUP, INC. BEN ORTEGA 3020 OLD RANCH PKW SUITE 440 SEAL BEACH CA 90740-2751 P&D TECHNOLOGIES WARREN SPRAGUE, AlCP 401 W "A" STREET SUITE 2500 SANDIEGO CA 92101 PBR 18012 SKY PARK CIRCLE IRVINE CA 92714 PLANNING & DESIGN SOLUTIONS 4770 CAMPUS DRIVE SUITE 240 NEWPORT BEACH CA 92660-1834 RAGSDALE AND ASSOCIATES 7734 HERSCHEL AVENUE SUITE N LA JOLLA CA 92037 RBF/SHOLDERS & SANFORD 3569 FIFTH AVE SAN DIEGO CA 92103-5015 RBT BEIN, WM FROST & ASSOC 71 NORTH FOURTH AVE CHULA VISTA CA 91910 SANCHEZ TALARICO ASSOC. 550 C NEWPORT CENTER DR. NEWPORT BEACH CA 92660 SB&O^ 3615 KEARNY VILLA ROAD #201 SANDIEGO CA 92123 SOUTH COUNTIES CONSULTANTS 25108 MARGUERITE PKWY #316 MISSIONVIEJO CA 92692 SOUTH COAST ENVIRN. CO. 1582-1 N BATAVIA ORANGE CA 92667 STIVERS & ASSOCIATES GUY A STIVERS, ASLA 18301 IRVINE BLVD. SUITE IB TUSTIN CA 92680-3438 SYCAMORE ASSOCIATES 1612 ROSE STREET BERKELEY CA 94703 THE PLANNING CENTER COLLETTE MORSE 1300 DOVE STREET #100 NEWPORT BEACH CA 92660 THE KEITH COMPANIES ROBIN PAOLINO DELOTELL 2995 RED HILL AVENUE COSTA MESA CA 92626 THE KTGY GROUP, INC.* ROBERT M. YAMAFUJI, PRESIDENT 2 EXECUTIVE CIRCLE STE 190 IRVINE CA 92714 TIERRA PLANNING & DESIGN 34191 CAMINO CAPISTRANO CAPISTRANO BEACH CA 92624 TORSTAN 160 CHESTERFIELD SUITE 3 CARDIFF CA 92007 URBAN VISION MATTHEW E. MOORE, M.A SIXTY CORPORATE PARK STE 100 IRVINE CA 92714 WESTEC SERVICES, INC. 5510 MOREHOUSE DRIVE SANDIEGO CA 92121 ZUCKER SYSTEMS 1545 HOTEL CIRCLE SOUTH SANDIEGO CA 92108 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 cierk 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 dlstrk^ with substantial circulation in Bonsall, Fallbrook. Leucadia, Encinitas, Cardiff. Vista and Carisbad, 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 Califomia. 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 foltowing dates, to-w'it: February 24, 1993 I certify (or declare) under penalty of perjury that the foregoing is tme and correct. Dated at Oceanside.Califomia. this 24 day of Feb. 1993 Signature This space is for the CJounty Clerk's Filing Stamp Proof of Publicatfon of Public Meeting Notice BLADE-CITIZEN Legal Advertising 1722 South Hili Street P.O. Box 90 Oceanside, CA 92054 (619)433-7333 NOTICE OF "SCOPINfl MRBTmr." QN THE CARLSBAD GENERAL PT.AN IIPTUTp On March 11,1993 the City of Carlirfwd Planning Department will be holding a "scoping meetina" Jhf ^n'nu^ ^l"" H^*^^"rl™»'"«n*''' inipact Report (EIR). The hieeting\vlll be held at the City Council Chambers, 1300 Carlsbad Village Drive, Carlsbad from 6:06p.m. to 8.-00 p.m. The purpose of this meeting is to idenUfy potential environmental impacts assodated with the Update so that they can be addressed in the EIR. It is not the purpose of this meeting to debate the pros and cons of the proposaL ««;"avc Proiect Description The City of Carlsbad recently completed a comprehensive update of its General Plan, indudine a T'^"^ subsequent update of all the dements, existing background information, tibles and map figures, graphics, goals, obiectives and policy statements. ^ The proposed project is a comprehensive amendment of the City of Carisbad General Plan focusinjr XJj^^K ^n^"*' asssociated with the additional or incremental physical development allowed by the buildout of the Plan. Induded are all elements, existing backgroufid InformaUon ' tables and map figures, graphics, goals, objectives and policy statements. TTie General Plan Update does not represent a spedfic development proposal with deflned oroiect charactenstics. Therefore, this EIR will be prepared as a Program EIR to evaluate the impacts of Implementing the General Plan Update allowing the City to consider broad policy alternative and F,^^??J!?!;^.^^.™*"?^l'P" (Section 15168 of the California Environmental Quality Act (CEQA) Guidehnes). The proposed Program EIR will focus on the potential Impacts of new or modlfred policy recommendations and strategies, and secondaty effects that may be expected to result from the long-term implementation of the Updated General Plart. The degree of spedfidtv used to analyze the potential impacts will be rdated to the broad nature ofthe policy recommendations and strategies contained in the Updated General Plan. If you have aiiy quesitons regarding the General pfan Update "scoping meeting", please contact Adrienne Landers of the Carlsbad Planning Department ati(619) 438-1161, extension 4451. CASE FILE: CASENAME: Leiil 36075 EIR 93-01 GENERAL PLAN UPDATE- ENVIRONMENTAL IMPACT REPORT (EIR) February 24, If 93 • Carlsbad S JN T Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to W.C.C.N. Inc. 2841 Loker Ave. East, Carlsbad, CA 92008 (619) 431-4850 Proof of Publication STATE OF CALIFORNIA, ss. 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 principal clerk of the printer of the Carlsbad Sun, a newspaper of general circulation, published weekly in the City of Carlsbad, County of San Diego, Scate of Califomia, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspa- per at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the [ 83(88 uo sn 83tU adiaii 8MS.. 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IUVU3± •AKSHonc?:. ,g, s 'id nnltig Department of the irlsbid iMendt to pi«|ni¥*'^ inin«pMItInp«f!t.|le|>9ift ilowfiis project: eseriptloac. -t^tptSS! Citii^Cwtibad Gttoml naAitidur'' notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the follow- ing dates, to-wit: February 18 19 93 19 19. 19. 19 I cenify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the 18th dav of February, 1993 Clerk of the Printer W.C.C ing all elements, existing backgrmmd irtformation, tables and map figures, graphics, goals, objectives and policy statements. The City of Carlsbad has recently completed a comprehensive up- date of its General Plan, including a detailed review and subsequent update of all the elements, existing background information, tables and map figures, graphics, goals, objectives and policy statements. The General Plan update does not represent a speciflc develop- ment proposal with deflned project characteristics. Therefore, this En- vironmental Impact Report (EIR) will be prepared as a Program EIR to evaluate the impaits of im- plementing the General Plan up- date, allowing the City to consider broad policy altematives and prog- ram-wide mitigation measures (Section 13168 ofthe CEQA Guide- lines). The proposed Program EIR will focus on the potential impacts of new or modifled policy recom- mendations and strategies, and secondary effects that may be ex- pected to result fi-om the long-term implementation of the Updated General Plan. The degree of speci-^city used to analyze the potential impacts will be related to the broad nature of the policy recommenda- tions and strategies contained in the updated (ieneral Plan. BACKGROUND Tl^e City of Carlsbad incorpo- rated in 1952 and adopted its flrst (general Plan in 1965. In 1975, this document was revised to reflect State-mandated requirements and to add several optional elements desired by the City. Since its adop- MgQj- tion, several General Plan ele- ments have been revised and amended. In 1985, the Circulation, Housing and Land Use Elements were updated and the Arts and His- toric Preservation Elements were added. Recent changes included revisions to the Paries and Recrea- tion, Housing, and Open Space and Conservation Elements. Recently, the City elected to revise the entire General Plan to ensure that it re- flects changing conditions, cir- cumstances, and policies within the City of Carlsbad as well as on a QTATT^ OC A T reB'on*'level. The update also en- O E W~ sures that the most current technic- ,r-i^T TXT'T<'\/' r\T^ Cl a'data is contained in the General L.UUJN 1 1 Ur O Plan and that the Plan is consistent with all applicable State legisla- tion. . . The Drift (jeneral Plan update I am a CitlZ ("^ city of carisbad includes , the mandatory elements required I am over t state Uw (California Govern- . ment code. Section 65300 et. seq.), J ^TTl l^rinci *®'"e which have been com- ^ bined, and two optional elements as described below: Mandatory Elements 1. Land Use 2. Circulation 3. Open Space and Conservation 4. Noise 5. Safety 6. Housing Carlsbad, Coun '^/'^J^e"™ 2. Arts The Carlsbad General Plan area (project area) includes the City of Carlsbad with a population of approximately 65.000. The project area is approximately 40 square miles and is located along the northwestern coast of San Dlego County, approximately 30 miles trota dowirtown San Diego. It is bor- dered to the north by the City of Oceanside, to the south by the City of Encinitas. and to the east by the County OfSan Diego and the Cities of San Marcos and Vista. Carlsbad has a combination of industrial, cofnmercial and residential de- velopment, including a large re- gional shopping center, an auto- retail center, a large industrial paric area, and a regional airport. The City contains three lagoons, ex- tensive agriculture areas and large tracts of undeveloped land. Project addreis/Iocation; City of Carl- . sbad (Cilywide) ; Antidpated sign^ant impacts: I The Environmental Impact Assessment Forjn identifies the potential "indirect or secondary" i environmental effects of the prop- osed Update<| General Plan. To en? sure that all areas of potential en- vironmental effects are adequately addressed, a full Environmental Impact Report will be prepared that evaluates ai least the following areas: 1. Earth 2. Soils 3. Air Quality 4. Water Quality 5. Biology 6. Noise 7. Light and Glare 8. Land Use 9. Natural Resources . 10. Risk of Upset 11. Population 12. Housing 13. Circulation 14. Public Services 15. Law Enforcement 16. Education n. Energy/Utilities 18. UtiliUes Water published weekly is published for th per at all times he which newspaper E Recreation 22. Cultural/Paleontological 23. Project Alternatives 24. Other Environmental Issues 25. Mandatory Findings of Sig- nificance The draft EIR prepared for the City of Carlsbad Cieneral Plan Up- date will focus on the discussion and evaluation of "indirect or secondary" effects resulting from the implementation ofthe updated Carlsbad General Plan. The EIR will focus on a comparison between the environment that exists in the City in 1993 and total buildout pur- suant to the Updated General Plan. The draft EIR will also focus on mitigation measures designed to reduce or avoid identifled adverse indirect or secondary effects associated with general plan im- plementation, including a mitiga- tion monitoring program as a means of assuring continuing eva- luation of the status of plan imple- mentation. Section 15148 of the State CEQA Guidelines states that the, "... degree of speciflcity required in a EIR will correspond to the de- gree of speciflcity involved in the underlying activity which is de- scribed in the EIR." Section 15146 (b) ftirther states: "An EIR on a project such as the adoption or amendment qf a com- prehensive zoning ordinance or a local generai plan should focus on the secondary effects that can be expected to follow ft'om the adop- tion or amendment, but the EIR need not be as detailed as an EIR on the speciflc construction pro- jects that might follow." Section lS358(aX2) describes in- direct or secondary effects as fol- lows: "Indirect or secondary effects which are caused by the project and are later in time, or farther re- moved in distance, but are still reasonably foreseeable. Indirect or secondary effects may include growth-inducing effects and other effects related to induced changes in the pattern of land use, popula- tion density, or growth rate, and re- lated effects on air and water and other natural systems, including ecosystems." In conclusion, the draft General Plan update EIR will contain a thorough analysis and evaluation of indirect and secondaiy effects of implementing the updated (ieneral Plan. The indirect or secondary effects resulting fk-om the imple- mentation of the updated General Plan would be associated with the carrying-out of the new and up- dated plan goals, objective and policy statements and other identi- fied implementation programs: The subject draft EIR would not attempt to discuss or evaluate "pro-ject-specific" level effects or mitigation. See the attached En- vironmental Impact Assessment Form for a discussion of environ- mental evaluation. We need to know your ideas about the effect this project might have on the environment and your sugges- tions for ways the project could be revised to reduce or avoid any sig- nificant environmental damage. Vour ideas will lielp us decide what issues to analyze in the environ- mental review of this project Your comments on the environ- mental impact of the proposed pro- ject may be submitted in writing to the Planning Department, 2075 Las Palmas Drive, Carlsbad, Califomia 92009, no later than Inarch 22,1983. Dated: Februaty 18,1993 V Case No: EIR 93-01 Applicant: City of Carlsbad GARY S. WAYNE for MICHAEL J. HOLZMILLER Planning Director CJ 4070: February 18,1993 SJN J r Court of San Diego County lic notice advertising to >ad, CA 92008 (619) 431-4850 ication county aforesaid; >r interested in the above entitled matter, a newspaper of general circulation, 10, State of Califomia, and which newspaper ce of a general character, and which newspa- ; subscription list of paying subscribers, and led at regular intervals in the said City of for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the follow- ing dates, to-wit: February 18 19 93 19 19. 19. 19. I cenify under penalty of peijury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the 18th dav of February, 1993 inmg Department of the iriibad intends to prep«i¥*'^ Clerk of the Printer City of Carlsbad Planning Department NOTICE OF "SCOPING MEETING" ON THE CARLSBAD GENERAL FLAN UPDATE On March 11, 1993 the City of Carlsbad Planning Department will be holding a "scoping meeting" regarding the General Plan Update Environmental Impact Report (EIR). The meeting will be held at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad from 6:00 p.m. to 8:00 p.m. The purpose of this meeting is to identify potential environmental impacts associated with the Update so that they can be addressed in the EIR. It is not the purpose of this meeting to debate the pros and cons of the proposal. Project Description The City of Carlsbad recently completed a comprehensive update of its General Plan, including a detailed review and subsequent update of all the elements, existing background information, tables and map figures, graphics, goals, objectives and policy statements. The proposed project is a comprehensive amendment of the City of Carlsbad General Plan focusing on the environmental impacts associated with the additional or incremental physical development allowed by the buildout of the Plan. Included are all elements, existing background information, tables and map figures, graphics, goals, objectives and policy statements. The General Plan Update does not represent a specific development proposal with defined project characteristics. Therefore, this EIR will be prepared as a Program EIR to evaluate the impacts of implementing the General Plan Update allowing the City to consider broad policy altemative and program-wide mitigation measures (Section 15168 of the California Environmental Quality Act (CEQA) Guidelines). The proposed Program EIR will focus on the potential impacts of new or modifie<i policy recommendations and strategies, and secondary effects that may be expected to result from the long-term implementation of the Updated General Plan. The degree of specificity used to analyze the potential impacts will be related to the broad nature of the policy recommendations and strategies contained in the Updated General Plan. If you have any questions regarding the General Plan Update "scoping meeting", please contact Adrienne Landers of the Carlsbad Planning Department at (619) 438-1161, extension 4451. CASE HLE: EIR 93-01 CASE NAME: GENERAL PLAN UPDATE - ENVIRONMENTAL IMPACTT REPORT (EIR) PUBLISH: CARLSBAD JOURNAL - FEBRUARY 25, 1993 BLADE CITIZEN - FEBRUARY 24, 1993 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161 ^ AFFIDAVIT OF FUBLICATTON County of San Diego ) STAIE OF CALIFORNIA )ss. PROOF OF PUBLICAnON Public Notice of Preparation I have been duly swom as tb& Le Advertising Representative of t Blade-Citizen, a semi-weekly nev paper of general circulation, pt in the City of Oceanside, publis in the City of Solana Beach and Carlsbad. County of San Diego, S of Califomia, and that the noti of which the annexed is a true o was published in said newspaper ( the following dates: February 17, 1993 I certify (or declare) under pens of perjtjry that the foregoing is and correct. Dated this I7th day of Feb. 199: Leg^ Advertising Repre, .tive PUBLIC NOTICp OF f>REPARATtON PLEASE TAKE NOflC^E: ^ ' The Planning Department of ths City of C^arlstttd Intends to pmt pare an Enviranmental Impact Report for the foHowing pn^ecti' Project Description; Comprehensive amandmant of tha City of CHHalMd Ganan^ Plan, Includliia all atamanti, existing MekgtiOund infomut' tion, tables aiKl.flv|»1lauras, graphles, golils, objactlvaa and policy atatemanW. ; i The City of Cadabajd l^.racentlvt completed a comprehensive update of Its (SMW^rahi InoludiM a detailed review and sub^ sequent update <4 tft tha elamenS, existing background Irtfor- mation, tables and map fltW?*l*. graphics, goals, objectives and polioy statements; , " ' , The General Plan tt6<iMe46e$ not represent a specific devel-opment proposal with UeRM prefect characteristics, t^^ this Environmental MpactlMport (EIR) will be prepared as a Program EIR to evakisM M inHalgds of Implementtng the Gen-eral Plan update, allowtng-thf City to consider board policy alternatives and prograffl'-wide niltlgstion measures (Section 15168 of the CECW Guidelines^. The proposed Pnjgram EIR will focus on the potential impacts of naw or modified polii^ recom-mendations and strategies, and secondary effects that may be expected to result from the tong-tenn Implementatton of the Up- dated Generai Plan. The degree of specificity used to dnalyze the potential impacts wiii be related to the broad nature of the policy recommendattons and strategies contained in the updat-ed General Pian. BACKGROUND The City of Cartsbad incorporated In 1952 and adopted its first Generai Plan in t966. In:l975, this document was revised to re-fiect State-mandated reiquirements and to add several optional elements desc(il3M by the City. Since its adoption, several Gen- erai Plan elemelife have been revised and amended. In 1985, the Circulation, Mousing and Land Use Elements were updated and the Arts atKj Historic Preservation Elements were added. Recent changes included revisions to the Partes and Recreation, Housing, and Open Space and Conservation Eifements. Recent-ly, the City elected to revise the entire General Plan Jo ensure that It reflects changing conditions, circumstances, and policies ] within the City of Carisbad as well as on a regional level. The update also ensures that the most current technical data is con-' tained in the General Pian is consistent with all applicable State legislation. The Draft Generai Plan update for the City of Cartsbad includes the mandatory elements required by State law (Califbrnia Gov-ernment code, Sectidn 65300 et. seq ), some of which have been combined, and two optionai elements as described below: Mandatory Elements Optional Elements 1. Land Use 1 • Parks & Recreation 2. Circulation 2. Arts 3. Open Space and Consen/ation 4. Noise 5. Safety 6. Housing The Carisoad General Plan area (project area) includes the City of Carlsbad with a population of approximately 65,000. The project area is approximately 40 square miles and is located along the northwestern coast of San Dlego County, approxi-. mately 30 miles from downtown San Diego. It is bordered to the north by the City of Oceanside, to the south by the City of En-cinitas, and to the east by the County of San Diego and the Cities of San Marcos and Vista. Carisbad has a combination of Indus-trial, commercial and residential development. Including a large regionial shopping center, an auto-retail center, a large industnal park area, and a regionai airport. The City contains three la. goons, extensive agriculture areas and large tracts of undevel-oped land. Project address/location: City of Carisbad (Citywide) Anticipated significant Impacts: The Environmental impact Assessment Form identifies the po-tential "indirect or secondary" environmental effects of the proposed Updated General Plan. To ensure that all areas of po-tential environmental effects are adequately addressed, a full Environmental Impact Report will be prepared that evaluates at least the following areas: focus on the secondary effects that can be exped fWrn »» ado|*on or amewhtwnt but the EIR nea detailed as ah EIR on the tM>*<M: consUuctton r mightfoliow." ScKtton 153S8(a)(2) desCrtbesi indrect or secondai follows: indirect or secondary-effects vvhidi are caused b; and are later in time, or farther removed in distanoe (essonaBly foreseeable. Indirect or secondary effi elude growth-including effects and other effect Induced changes in the pattem df land use, popula or growth rate, and related effects on air and wat natural systems, including ecosystems." In conclusion, the draft General Plan updated EIR \ thorough analysis and evaluation of indirect and s fects of Implementing the updated General Plan. Tl secondary effects resuKlrig from the inmlementatli dated General Plan would be associated with the ci the new and updated plan goals, objeottve and potto and other identified imptementsWon programs. The EIR would ndt att^pt to discuw or evetoate pro level effects or mitljaation. See the attached Envin pact Assessment Form fdr a discussion of en evaluation. We need to know your ideas about the effect this have on the environment, and ydur suggestions prefect could be revised te reduce or avoid any sig ronmental damage. Your ideas wlH help us decide * analyze in the environmental review of this projert. Ydur comments on the environmental impact of i proiact may be submitted In writing to the Pianning 2075 Las Paimas Drive, Carisbad, California 92 than March 22,1993. DATED: FEBRUARY 18,1993 /s/6ary E. Wayne fdr Michael J. Holzmiller, Plannii C/SE NO: EIR 93-01 APPLICANT; CITY OF CARLSBAD Legal 4040 Febmary 17,1993 1. Earth 2. Soils 3. Air Quality 4. Water Quality 5. Biology 6. Noise 7. Light and Glare 8. Land Use 9. Natural Resources 10. Risk of Upset 11. Population 12. Housing 13. Circulation 14. Public Services 15. Law Enforcernent 16. Education 17. Energy/Utilities 18. Utilities Water Supply Sewer Soiid Waste 19. Human Health 20. Aesthetics 21. Recreationai Faciiities 22. Cultural/Paleontoiogical 23. Project Alternatives 24. Other Environmental Issues 25. Mandatory Findings of Significance The draft EIR prepared for the City of Carisbad General Plan Update will focus on the discussion and evaluation of "indirect or secondary" effects resulting from the implementation of the up-dated Carisbad Generai Plan. The ElR will focus on a compari-son between the environment that exists in the City in 1993 and total buildout pursuant to the Updated General Plan. The draft EIR will also focus on mitigation measures designed to reduce or avoid Identified adverse Indirect or secondary effects associated with general plan impiementation. Including a mitigation moni-toring program as a means of assuring continuing evaluation of the status of plan Implementation. Section 15146 of the State CEQA Guidelines states that the, "...degree of specificty requried In a EIR will correspond to the degree of specificity involved in the underlying activity which is described In the EIR." Section 15146(b) further states: "An EiR on a project such as the adoption or amendment of a comprehensive zoning ordinance or a local general plan should I City of Carlsbad Planning Department PUBLIC NOTICE OF PREPARATION PLEASE TAKE NOTICE: The Planning Department of the City of Carlsbad intends to prepare an Environmental Impact Report for the following project: Project Description: Comprehensive amendment of the City of Cailshad General Plan, including all elements, existing backgromid infonnation, tables and map figures, graphics, goals, objectives and policy statements. The City bf Carlsbad has recently completed a comprehensive update of its General Plan, including a detailed review and subsequent update of all the elements, existing backgrotmd information, tables and map figures, graphics, goals, objectives and policy statements. The General Plan update does not represent a specific development proposal with defined project characteristics. Therefore, this Environmental Impact Report (EIR) will be prepared as a Program EIR to evaluate the impacts of implementing the General Plan update, allowing the City to consider broad policy altematives and program-wide mitigation measures (Section 15168 of the CEQA Guidelines). The proposed Program EIR will focus on the potential impacts of new or modified policy recommendations and strategies, and secondary effects that may be expected to result from the long-term implementation of the Updated General Plan. The degree of specificity used to analyze the potential impacts will be related to the broad nature of the policy recommendations and strategies contained in the updated General Plan. BACKGROUND The City of Carlsbad incorporated in 1952 and adopted its first General Plan in 1965. In 1975, this document was revised to reflect State-mandated requirements and to add several optional elements desired by the City. Since its adoption, several General Plan elements have been revised and amended. In 1985, the Circulation, Housing and Land Use Elements were updated and the Arts and Historic Preservation Elements were added. Recent changes included revisions to the Parks and Recreation, Housing, and Open Space and Conservation Elements. Recentiy, the Qty elected to revise the entire General Plan to ensure that it reflects changing conditions, circtmistances, and policies within the City of Carlsbad as well as on a regional level. The update also ensures that the most current technical data is contained in the General Plan and that the Plan is consistent with all applicable State legislation. The Draft General Plan update for the City of Carlsbad includes the mandatory elements reqtiired by State law (Califomia Govemment code. Section 65300 et. seq.), some ofwhich have been combined, and two optional elements as described below: 2075 Las Palmas Drive • Carlsbad, Caiifornia 92009-1576 • (619) 438-1161 ® Qptioniftl Mandatory Elemems Optiona^lements 1. Land Use 1. Parks & Recreation 2. Circulation 2. Arts 3. Open Space and Conservation 4. Noise 5. Safety 6. Housing The Carlsbad General Plan area (project area) includes the City of Carlsbad with a population of approximately 65,000 (see Study Area Map attached). The project area is approximately 40 square miles and is located along the northwestem coast of San Diego County, approximately 30 miles firom downtown San Diego (see Regional Location Map Attached). It is bordered to the north by the Gity of Oceanside, to the south by the City of Encinitas, and to the east by the Coimty of San Diego and the Cities of San Marcos and Vista. Carlsbad has a combination of industrial, commercial and residential development, including a large regional shopping center, an auto-retail center, a large industrial park area, and a regional airport. The City contains three lagoons, extensive agrictdture areas and large tracts of undeveloped land. Project address/location: City of Carlsbad (Citywide) Anticipated significant impacts: The attached Environmental Impact Assessment Form identifies the potential "indirect or secondary" environmental effects of the proposed Updated General Plah. To enstore that all areas of potential environmental effects are adequately addressed, a full Environmental Impact Report will be prepared that evaluates at least the following areas: 1. Earth 15. Law Enforcement 2. Soils 16. Education 3. Air Quality 17. Energy/Utilities 4, Water Quality 18. Utihties 5. Biology Water Supply 6. Noise Sewer 7. Light and Glare Solid Waste 8. Land Use 19. Human Health 9. Nattiral Resources 20. Aesthetics 10. Risk of Upset 21. Recreational Facilities 11. Population 22. Cultural/Paleontological 12. Housing 23. Project Altematives 13. Circulation 24. Other Envirormiental Issues 14. Public Services 25. Mandatory Findings of Significance The draft EIR prepared for the Qty of Carlsbad General Plan Update will focus on the discussion and evaluation of "indirect or secondaiy" effects resulting fi'om the implementation of the updated Carlsbad General Plan. The EIR will focus on a comparison between the environment that exists in the Qty in 1993 and total buildout pursuant to the Updated General Plan. The draft EIR will also focus on mitigation measures designed to reduce or avoid identified adverse indirect or secondary effects associated with general plan implementation, including a mitigation monitoring program as a means of assiiring continuing evaluation of the status of plan implementation. Section 15146 of die S^K CEQA Gvddelines states that tiflP'...degree of specificity required in a EIR will correspond to the degree of specificity involved in the tmderlying activity which is described in the EIR." Section 15146 (b) further states: "An EIR on a project such as the adoption or amendment of a comprehensive zoning ordinance or a local general plan should focus on the secondary effects that can be expected to follow firom the adoption or amendment, but the EIR need not be as detailed as an EIR on the specific construction projects that might follow." Section 15358(a)(2) describes indirect or secondary effects as follows: "Indirect or secondary effects which are caused by the project and are later in time, or farther removed in distance, but are still reasonably foreseeable. Indirect or secondary effects may include growth-inducing effects and other effects related to induced changes in the pattem of land use, population density, or growth rate, and related effects on air and water and other natural systems, including ecosj^tems." In conclusion, the draft General Plan update EIR will contain a thorough analysis and evaluation of indirect and secondaiy effects of implementing the updated General Plan. The indirect or secondary effects resulting firom the implementation of the updated General Plan would be associated with the carrying-out of the new and updated plan goals, objective and policy statements and other identified implementation programs. The subject draft EIR wotild not attempt to discxiss or evaluate "project-specific" level effects or mitigation. See the attached Environmental Impact Assessment Form for a discussion of environmental evaluation. We need to know your ideas about the effect this project might have on the environment and your suggestions for ways the project could be revised to reduce or avoid any significant environmental damage. Your ideas will help us decide what issues to analyze in the environmental review of this project. Your comments on the environmental impact of the proposed project may be submitted in writing to the Planning Department, 2075 Las Palmas Drive, Carlsbad, Califomia 92009, no later than March 22, 1993. DATED: FEBRUARY 18, 1993 p. mCUfSL J. HOLZMILLER CASENO: EIR 93-01 Planning Director APPLICANT: CITY OF CARLSBAD PUBLISH DATE: CARLSBAD SUN: FEBRUARY 18, 1993 BLADE CITIZEN: FEBRUARY 17, 1993 ARCHAELOGICAL FELLOWSHIP SAN DIEGO STATE UNIVERSITY SAN DIEGO, CA 92115 GP EIR 93-01 February 11, 1993 CA DEPT OF TRASNPO DISTWCT 11 JERRY LOVE 2829 SAN JUAN STREET SAN DIEGO CA 92186-5406 CALIF NATIVE PLANT SOCIETY ENVIRONMENTAL TECH COMM PO BOX 1390 SAN DIEGO, CA 92112 CARLSBAD Mtn«CIPAL WATER DIST 6780 EL CAMINO REAL CARLSBAD, CA 92008 COASTAL COMMISSION 3111 CAMINO DEL RIO NORTH #200 SAN DIEGO CA 92108-1725 COUNTY OF SAN DIEGO ENVIRONMENTAL DIVISION 5201 RUFFIN ROAD SAN DIEGO, CA 92123 CTY SD-NOISE CONT HEARING BOARD ATTN: RAYSACCO 1700 PACIFIC HIGHWAY SAN DIEGO CA 92101 DEPARTMENT OF PUBUC HEALTH PACIFIC HEALTH OFFICER 1600 PACIFIC HIGHWAY SAN DIEGO, CA 92101 DIVISION OF MINES & GEOLOGY DEPT OF CONSERVATION 1416 9TH ST ROOM 1326-A SACRAMENTO CA 95814 ENCINA JOINT POWERS 6200 AVENIDA ENCINAS CARLSBAD CA 92008 ENCINITAS UNION SCHOOL DIST C/O GENE FREDRICKS 189 UNION STREET ENCINITAS CA 92024 FARM ADVISOR COUNTY OPERATIONS CENTER 5555 OVERLAND BLDG. 4 SAN DIEGO CA 92123 FISH & GAME TERRI STEWART 7821 ORIEN AVE LA MESA CA 91941 NOISE CONTROL HEARING BOARD ATTN: RAYSACCO 1700 PACIFIC HIGHWAY SAN DIEGO, CA 92101 OFFICE OF EMERGENCY SERVICES RICHARD ANDREWS 2800 MEADOWVIEW ROAD SACRAMENTO CA 95832 OUVENHAIN WATER DISTRICT 1966 OUVENHAIN RD ENCINITAS CA 92024 PALOMAR AIRPORT MANAGER 2198 PALOMAR AIRPORT RD CARLSBAD, CA 92008 PLANNING DIRECTOR CITY OF OCEANSIDE 320 N. HORNE STREET OCEANSIDE CA 92054 PLANNING DIRECTOR CITY OF ENCINITAS 527 ENCINITAS BLVD # 100 ENCINITAS, CA 92024 PLANNING DIRECTOR CITY OF SAN MARCOS 105 W. RICHMAR AVENUE SAN MARCOS, CA 92069 PLANNING DIRECTOR CITY OF VISTA 600 EUCALYPTUS AVENUE VISTA, CA 92084 S.D. COUNTY SANITATION ATTN: ENVIRONMENTAL COORDIN 555 OVERLAND SAN DIEGO, CA 92123 S.D. REGIONAL WATER QUAUTY CONT. BOARD: ENVIR COORD 9771 CLAIREMONT MESA BL. SUITE B SAN DIEGO CA 92124-1331 SAN DIEGO GAS & ELECTRIC CO PO BOX 1831 SAN DIEGO, CA 92112 SANDAG - LAND USE COMMISSION ATTN: JACK KOERPER 1200 3RD AVE, SUITE 524 SAN DIEGO CA 92101 SANDAG ATTN: INTERGOV RELATIONS 401 "B" STREET, #800 SAN DIEGO, CA 92101 SD CO AIR POLL-CONTROL DISTRICT ATTN: ENVIRONMENTAL COORD 9150 CHESAPEAKE SAN DIEGO CA 92123 SDGE ATTfJ: MIKE DANNA, LAND DEPT 101 ASH STREET SAN DIEGO, CA 92107 STATE CLEARINGHOUSE 1400 IOTH STREET ROOM 121 SACRAMENTO CA 95814 U S ARMY CORPS OF ENGRS RICHARD HARLACHER 300 N LOS ANGELES ST LOSANGELES CA 90012-2325 U S FISH & WILDUFE JACK FANCHER 24000 AVILA RD LAGUNA NIGUEL CA 92656 US FISH & WILDUFE JEFFREY OPDYCKE 2730 LOKER AV CARLSBAD CA 92009 US FISH & WILDUFE CARRIE PHIUPS 2730 LOKER AV CARLSBAD CA 92009 t t ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART n (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. EIR 93-01 DATE: JANUARY 7. 1993 BACKGROUND 1. CASE NAME: CITY OP CARLSBAD GENERAL PLAN 2. APPLICANT: CITY OF CARLSBAD 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2075 LAS PALMAS DRIVE CARLSBAD. CA 92009 (6191 438-1161 4. DATE EL\ FORM PART I SUBMITTED: JANUARY 7. 1993 5. PROJECTT DESCRIPTION: Comprehensive Amendment of the Citv of Carlsbad General Plan including all elements, goals, objectives, poiicv statements, tables, maps, graphics, and existing background information. ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 reqviires 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 checldist. This checldist 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 envirormient. On the checklist, "NO" will be checked to indicate this determination. * An EIR must be prepared if the Qty determines that there is substantial evidence that any aspect of the project may cause a significant 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 tmder the headings 'YES-sig" and 'YES-insig" respectively. 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 determired significant. i t ENVIRONMENTAL IMPACT ASSESSMENT BACKGROUND SECTION Proiect Description The General Plan update project involves a thorough review of the entire General Plan, including all the elements, existing backgroimd information, tables and map figures, graphics, goals, objectives, and policy statements. The City of Carlsbad was incorporated in 1952 and adopted its first General Plan in 1965. In 1975, the General Plan was revised to reflect State-mandated requirements and to add several optional elements desired by the City. Since its adoption, several General Plan elements have been revised and amended. In 1985, the Circulation, Housing and Land Use elements were updated and, the Arts and Historic Preservation Elements were added. Recent changes included revisions to the Parks and Recreation, Housing, and Open space and Conservation Elements. Recentiy, the Qty elected to revise the entire General Plan to ensure that it reflects changing conditions, circumstances, and policies within the City of Carlsbad as well as on a regional level. The update also ensures that the most current technical data is contained in the General Plan and that the Plan is consistent with all applicable State legislation. ENVIRONMENTAL REVIEW The attached environmental initial study checklist identifies the potential "indirect or secondaiy" environmental effects of the proposed General Plan update project. To ensure that all areas of potential environmental effects are adequately addressed, a full Environmental Impact Report should be prepared that evaluates at least the following areas: 1. Earth 2. Soils 3. Air Quality 4. Water Quality 5. Biology 6. Noise 7. Light and Glare 8. Land Use 9. Natural Resources 10. Risk of Upset 11. Population 12. Housing 13. Circulation 14. PubUc Services 15. Law Enforcement 16. Education 17. Energy/Utilities 18. UtiHties Water Supply Sewer Solid Waste -2- • t 19. Human Health 20. Aesthetics 21. Recreational Facilities 22. Cultural/Paleontological 23. Project Altematives 24. Other Environmental Issues 25. Mandatory Findings of Significance The draft EIR prepared for the Qty of Carlsbad General Plan Update should focus on the discussion and evaluation of "indirect or secondary" effects resulting from the implementation of the updated Carlsbad General Plan. The draft EIR should also focus on mitigation measures designed to reduce or avoid identified adverse indirect or secondary effects associated with general plan implementation, including a mitigation monitoring program as a means of assuring continuing evaluation of the status of plan implementation. Section 15146 of the State CEQA Guidelines states that the, "...degree of specificity required in a EIR will correspond to the degree of specificity involved in the tmderlying activity which is described in the EIR." Section 15146 (b) further states: "An EIR on a project such as the adoption or amendment of a comprehensive zoning ordinance or a local general plan should focus on the secondary effects that can be expected to follow from the adoption or amendment, but the EIR need not be as detailed as an EIR on the specific constmction projects that might follow." Section 15358(a)(2) describes indirect or secondary effects as follows: "Indirect or secondary effects which are caused by the project and are later in time, or farther removed in distance, but are still reasonably foreseeable. Indirect or secondary effects may include growth- inducing effects and other effects related to induced changes in the pattem of land use, population density, or growth rate, and related effects on air and water and other natural systems, including ecosystems." In conclusion, the draft General Plan update EIR should contain a thorough analysis and evaluation of indirect and secondary effects as identified in the attached initial study checklist. The indirect or secondary effects resulting from the implementation of the updated General Plan would be associated with the carrying-out of the updated plan goals, objective and policy statements and other identified implementation programs. The subject draft EIR would not attempt to discuss or evaluate "project- specific" level effects or mitigation. -3- t t PHYSICAL ENVIRONMENT WILL THE PROPOSAL DIRECTTLY OR INDIRECTLY: YES or YES NO MAYBE (sig) (insig) 1. Result in unstable earth conditions or increase the exposure of people or property to geologic hazards? 2. Appreciably change the topography or any unique physical features? 3. Result in or be affected by erosion of soils either on or off the site? 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? X 5. Result in substantial adverse effects on ambient air quality? X 6. Result in substantial changes in air movement, odor, moisture, or temperature? X 7. Substantially change the course or flow of water (marine, fresh or flood waters)? X 8. Affect the quantity or quality of surface water, ground water or pubhc water supply? X 9. Substantially increase usage or cause depletion of any natural resources? X 10. Use substantial amounts of fuel or energy? X 11. Alter a significant archeological, paleontological or historical site, stmcture or object? X -4- t t BIOLOGICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES or MAYBE (sig) YES (insig) NO 12. Affect the diversity of species, habitat or numbers of any species of plants (including trees, shmbs, 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 or MAYBE (sig) YES (insig) NO 17. Alter the present or planned land use of an area? 18. Substantially affect pubUc utiUties, schools, poHce, fire, emergency or other pubUc services? -5- t HUMAN ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTTLY: 19. Result in the need for new or modified sewer systems, soUd waste or hazardous waste control systems? 20. Increase existing noise levels? 21. Produce new Ught 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. SubstantiaUy alter the density of the htiman population of an area? 24. Affect existing housing, or create a demand for additional housing? 25. Generate substantial additional traffic? 26. Affect existing parking faciUties, or create a large demand for new parking? 27. Impact existing transportation systems or alter present pattems of circulation or movement of people and/or goods? 28. Alter waterbome, rail or air traffic? 29. Increase traffic hazards to motor vehicles, bicycUsts or pedestrians? 30. Interfere with emergency response plans or emergency evacuation plans? 31. Obstmct any scenic vista or create an aestheticaUy offensive pubUc view? 32. Affect the quaUty or quantity of existing recreational opportunities? YES or MAYBE (sig) X X X YES (insig) NO t MANDATORY FINDINGS OF SIGNIFICANCE WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES or MAYBE (sig) YES (insig) NO 33. Does the project have the potential to substantially degrade the quaUty of the environment, substantiaUy 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 CaUfomia 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 enviromnent is one which occurs in a relatively brief, definitive period of time while long-term impacts wiU endure well into the ftiture.) 35. Does the project have the possible environmental effects which are in- dividuaUy 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 wiU cause substantial adverse effects on human beings, either directly or indirectly? X -7- t DISCUSSION OF ENVIRONMENTAL EVALUATION EARTH AND SOILS The General Plan update project may have the potential to cause significant indirect or secondary impacts in the specific issue areas identified in items 1-4 above. The Qty of Carlsbad may be subject to unstable ground conditions due to the presence of geologic hazards. The implementation of the proposed project may result in grading activities which could have the potential to alter existing and natural geologic relationships. Topographic changes may occur which could modify the geologic and soil stmcture and existing physical features. The modification of existing physical features could result in wind and water erosion and the effects thereof. Changes in ground surface intervals may expose people or property to adverse geologic hazards. The City of Carlsbad recentiy prepared a Geologic Hazard and Nalysis Study (Leighton & Associates, Inc., November, 1992) that has identified these geologic hazards and recommends appropriate future analysis that should be tmdertaken at the time of specific site development. Property development requires excavation and filling to create landform gradients and provide for positive drainage, thus creating topographic changes. As urbanization occurs in previously undisturbed areas, landform alteration wiU occur. The potential for soU erosion by wind and water action occurs with the removal of natural vegetative cover. A reduction in vegetative cover may increase in the soU deposition, sUtation, and erosion in or near the drainage courses. As the City nears buUdout, fewer easily developed sites wiU remain. Constrained lands may experience increased development associated with new constmction. The City has recently adopted a Master Drainage Study to address many of these concems. AIR The General Plan update may have the potential to cause significant indirect or secondary impacts in the specific issue areas identified in items 5-6 above. An increase in urban development, under the General Plan, may cause additional stationaiy and non-stationaiy sources of air emissions impacting air quaUty. As air quaUty standards for several poUutants are exceeded numerous times each year throughout the San Diego County air basin, any increase in these poUutants as a result of additional auto traffic generated by commercial/industriaVoffice uses may be considered significant. Additional industrial and commercial development, permitted under the General Plan update may result in the creation of objectionable odors. With an increase in non-vegetative surfaces such as roads and btdldings, an increase in locaUzed temperatures may result. WATER This project may have the potential to cause significant indirect or secondaiy impacts in the specific issue areas identified in items 7-8 above. The City is traversed by several local and sub-regional major natural drainages. Depending on the amount of average annual rainfaU and the associated runoff, these natural drainages have the potential to flow year round. Small tributary streams that flow into the major drainage courses are ephemeral in nature. The major streams or creeks are named in the USGS quadrangle maps for the City. The implementation of the subject project may effect the currents or the courses direction of existing creek channels and tributaiy streams. Changes in absorption rates, drainage pattems, and surface runoff may occur as additional impervious surface materials and -8- t iirigation systems, associated with urban and rural development, are introduced. Changes in the amount of surface water within several floodplain areas may also occur. As development occurs with the buUdout of the City, groundwater characteristics may be altered. Continued development could also effect pubUc suppUes. Surface and groundwater quaUty may be effected by the addition of common urban poUutants such as petroleum products, pesticides and fertiUzers. PoUcies and programs addressing many of these issues have recently been approved as part of the City's Master Drainage Study. Redistribution of existing runoff pattems, associated with increased urban development, may result, in alterations in the direction and rate of flow of groundwaters. Groimd water quantity may be increased as additional non-drought tolerant plant materials associated with development are introduced in the planning area. The City has instituted a set of landscape guidelines that wiU reduce the amount of non-drought tolerant plant materials used in the City. Additional urban development within the area wiU result in an increase in demand for imported water. In the long-term, reclaimed water wiU be introduced within the planning area via new reclaimed water systems. These systems may effect the demand for imported water. Exposure of people or property to water-related hazards such as flooding may occur as development occurs near areas subject to flooding. ENERGY AND NATURAL RESOURCES The General Plan update may have the potential to cause significant indirect or secondaiy impacts in the issue areas notes in items 9-10 above. Implementation of the General Plan update wiU result in a substantial use of fuel and energy when compared to the existing uses within the City. The increased use of fuel and energy wiU place a demand on existing energy resources. As further development occurs in the City, non-renewable natural resources wiU be used at an increased rate, an adequate amount of these natural resources wiU remain to support the future development and growth of the City. It is not anticipated, therefore that the implementation of the General Plan update would cause a substantial depletion of any non-renewable or scarce natural resources. The City of Carlsbad receives imported Water from the MetropoUtan Water District. The City of Carlsbad has a drought response plan which addresses how the City should respond in times of drought. CULTURAL RESOURCES The General Plan update may have the potential to cause significant indirect or secondary impacts in the area of cultural resources as identified in item 11 above. Further urban development may result in the destmction of, or adverse impact to archeological, paleontological or historic sites, as such sites are exposed to increased human contact or encroaching development. Physical changes associated with development have the potential to affect archeological, paleontological and historic sites containing unique ethnic cultural values and/or reUgious use. BIOLOGICAL RESOURCES The General Plan update may have the potential to cause significant indirect or secondary impacts in the areas identified in items 12, 13, 14, 15 and 16 above. Additional development within the City wiU reduce the amount of native vegetation whUe increasing the non-native varieties. Rare and endangered species of plants wiU probably be reduced in number -9- as urban and rural development occurs and native vegetation is replaced by non-native vegetation and man-made surfaces/stmctures. As additional lands develop, resulting in a separation of larger contiguous undisturbed lands, a barrier to the migration or movement of animals may occur. Because agriculture land represents a source of developable land, the use of these lands for urban development wiU result in the decline of agricultural crops and Uvestock production. As fiirther urban development occurs within the City, a reduction in animal habitat wiU occur and the diversity of habitat-sensitive species can be expected to decline in number as additional development of lands including their habitats occur. Man-made improvements may impede the normal movement of wildlife as a result of further urban development. Some deterioration of wildlife and fish habitats wiU probably occur as the City develops due to an increase in use of habitat areas for human recreation and the increased runoff into streams, creeks, lakes and lagoons. The City is currently involved in multi-species habitat management planning efforts. These planning efforts are aimed at reducing impacts to sensitive species that may be a result of ftiture development of the City. LAND USE AND PLANNING The General Plan update may have the potential to cause significant indirect or secondary impacts in the City as noted in items 17 and 32 above. The General Plan describes ftiture land use designations for the City. Future land uses wiU continue to develop as the City moves toward buUdout. Additional growth associated with General Plan implementation wiU impact existing recreational faciUties and opportunities as the population of Carlsbad and the region increases. The Open Space and Conservation, Parks and Recreation, and Land Use Elements of the General Plan update address the recreational needs of the community. The General Plan update may result in an increase in housing units over that which is currentiy projected under the General Plan for buUdout conditions. The General Plan update proposed the redesignation of some land uses and the changing of other land uses. If the amendments are approved, they may trigger the necessity for zone changes for consistency purposes. Potential amendments/zone changes could also effect the property values of those parcels and areas surrounding them. The implementation of the General Plan could result in changes to local or regional socio-economic characteristics, including development/redevelopment economic diversity, sales and property taxes, and property values (assessed valuation). Further development would occur on both pubUcly and privately owned lands within the City. The cost of development would be bome by property owners, project users, and tax payers alike. UTILITIES AND PUBLIC SERVICES The General Plan update may have the potential to cause significant indirect or secondaiy impacts in the specific issue areas noted in items 18 and 19 above. To provide for growth as identified in the General Plan, additional pubUc services wiU be needed to be provided. Perfoimance standards have been estabUshed under Growth Management for utiUties and pubUc services. The performance standards required are generaUy tied to population and non-residential use thresholds. General Plan growth wiU result in a substantial amount of fuel and energy use. Growth of the City as described in the General Plan wiU result in substantial increase in use of aU utiUties (natural gas, telephone, water, sewer, storm drains, and soUd waste disposal) as population increases. The proposed project may create the demand for municipal services in the Qty (fire protection, law enforcement, paramedic, etc.). SoUd waste coUection and disposal is accompUshed in the City by private service providers under -10- contract to the City of Carlsbad. As growth occurs and the City approaches buUdout, an increased demand wiU be placed on current and future service providers. The City is within the jurisdiction of the Carlsbad Unified School District, San Dieguito Union High School District, San Marcos Unified School District, and Encinitas Union Elementary School District. The planning, financing, and constmction of new school faciUties wiU be coordinated between the Districts and the City of Carlsbad in accordance with Growth Management. Additional growth associated with the General Plan wiU impact existing recreational opportunities as more people utiUze avaUable faciUties. The maintenance responsibiUties of the Qty of Carlsbad and other agencies (e.g. Caltrans) for existing and planned roads wiU increase with growth associated with General Plan buUdout. Flood control faciUties wiU increase according to the needs presented by growth in accordance with Growth Management. Other govemmental services such as City planning, environmental quaUty monitoring, engineering, buUding inspection, code enforcement, administration, and management wiU be affected by future growth within the City. HEALTH. SAFETY AND NUISANCE FACTORS The General Plan update may have the potential to cause significant indirect or secondary impacts in the City as noted in items 20-22 and 30 above. The general plan provides for various transportation modes to move goods and services within and through the City, as weU as land uses which may involve the use of hazardous substances. The potential for accidental explosion or release of hazardous substances may therefore, increase as the City nears buUdout and experiences additional vehicular movement and land uses associated with such substances. Persons in the City may be exposed to hazardous materials or the influence of electromagnetic fields (EMF) which may result from land uses aUowed under the General Plan or are transported to or from locations within the Qty. Although persons may be exposed to electromagnetic fields (EMF), scientific evidence has not determined whether or not exposure to these fields is hazardous. The General Plan update supports poUcies pertaining to the City's response to emergency conditions. Further development of the City can be expected to cause increases in existing noise levels as more traffic and other noise sources are introduced. Some exposure of persons to severe noise levels may occur as development progresses, particularly in areas adjacent to major roadways, the railroad or airport. New sources of Ught and glare wiU be introduced as the City develops further. Sources include stmctures/buUdings, vehicles, and Ughting for City streets. POPULATION The General Pan update may have the potential to cause significant indirect or secondary impacts in the specific issue areas noted in items 23 and 24 above. Continued development of the Carlsbad General Plan in the short-term and the long-tem wiU alter the location, distribution, density, diversity, and growth rate of the human population of the City. The eventual buUdout of the City wiU create the demand for additional housing to accommodate new residents and business employees. These potential effects would be experienced both locaUy and within the region. The General Plan update of Land Use and Housing Elements describes the distribution, density, and growth rate for the Qty's population; therefore, the General Plan wiU alter these components related to population. -11- TRANSPORTATION The General Plan update may have the potential to cause significant indirect or secondary impacts in the specific issue areas noted in items 25-29 above. Substantial additional vehicular movement wiU occur as the City nears buUdout. As residents and non- residents increase trip ends within the City, additional parking faciUties wiU be needed. The additional vehicular movement resulting from growth under the general plan wiU require substantial improvements to the existing transportation system. The growth management perfoimance standard for transportation wiU ensure that City streets operate effectively. Pattems of circulation may be altered as certain components of the transportation system reach capacity and new components are added. Alterations in raU, pubUc transit, and air traffic may occur as additional growth in the City results in a increased need for altemative modes of transport. As competition for limited transportation faciUties increases among system users, an increase in potential traffic hazards for motor vehicles, bicycUsts, and pedestrians may occur. AESTHETICS The General Plan update may have the potential to cause significant indirect or secondaiy impacts in the specific issue area identified in item 31 above. Some scenic view obstmction may occur and a reduction in some of the natural aesthetic quaUty of the City may result from further development. AestheticaUy offensive sites may be created through landfoim alteration, removal of natural vegetation cover including mature tree species, or the constmction of btdldings and other stmctures that may be arehitecturaUy incompatible with sturounding existing land uses and the locaUzed community. Scenic roadway corridors are identified in the General Plan, and specific poUcies and associated development regulations would serve to protect the aesthetic quaUty of these corridors. MANDATORY FINDINGS OF SIGNIFICANCE The potential indirect or secondaiy environmental impacts associated with implementation of the General Plan update have the potential to degrade the quaUty of the environment in terms of biota and cultural resources as described in items 11-16 above. The General Plan update wiU provide poUcy guidance for about 10-20 years, a relatively long period of time. This period of time is relatively short however if compared to the continued development of the Qty which could extend for hundreds of years. Therefore, plan implementation may have the potential to achieve short-term goal, to the disadvantage of long-term environmental goals. The General Plan update may result in indirect or secondary cumulative impacts when viewed in connection with the effects of existing development within the City, the region, and ftiture planned development and growth in and surrounding the City. The General Plan update may have the potential to cause adverse indirect effects on human beings. Based upon the conclusions noted in the Initial Study checkUst and the evaluation and discussion above, the City of Carlsbad has determined that the General Plan update may have a significant indirect or secondary effect on the environment, and an Environmental Impact Report (EIR) is therefore required. -12- ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS: a) Phased development of the project, b) altemate site designs, c) altemate scale of development, d) altemate uses for the site, e) development at some ftiture time rather than now, 0 altemate sites for the proposed project, and g) no project altemative. The General Plan update project is a poUcy document only, analj^is of phased development of the project, altemate site designs, altemate scale of development, altemate uses for tiie site, and development at some ftiture time rather than now is not appropriate. The Environmental Impact Report prepared for the General Plan wiU evaluate the no project altemative and wiU evaluate at least two other altematives as required by CEQA. -13- DETERMINATION (To Be Completed By The Planning Department) On the basis of this initial evaluation: I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION wUl be prepared. I find that the proposed project COULD NOT have a significant effect on the environment, because the environmental effects of the proposed project have already been considered in conjimction with previously certified environmental documents and no additional environmental review is required. Therefore, a Notice of Determination has been prepared. I find that although the proposed project could have a significant effect on the environment, there wiU not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Conditional Negative Declaration wiU be proposed. X I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Date Date LIST MITIGATING MEASURES CIF APPLICABLE^ NOT APPLICABLE ATTACH MITIGATION MONTTORING PROGRAM (IF APPLICABLE^ NOT 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 TW:Ih -15- Orange County CARLSBAD SOURCE: MBA, 1991 City of Cirislad REGIONAL LOCATION MAP EIR 93-01 Orange County CARLSBAD Riverside County SOURCE: MBA, 1991 / City of Cirbtid REGIONAL LOCATION MAP EIR 93-01 w CITY OF CARLSBAD BUCNA VISTA LAQOO / Citjf of CirIsM STUDY AREA MAP EIR 93-01 Number of EIRs 20 Planning staff 30 Reviewing agencies -4 Libraries ^1 City Clerk -1 City Manager —2 City Attomey ^2 Front Counter • 7 PC ' 5 CC - 3 Engineering 10 Other departments 125 Initial Order 1 a. I I 0 Cover 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 Cover Stock 10.0 Introduction Executive Summary Project Description Environmental Setting Environmental Impact Analysis Altematives Analysis of Long-Term Effects References Response to Comments on the EIR Appendices Appendix A: Appendix B: Appendix C: Appendix D: Appendix E: Appendix F: Appendix G: Appendix H: Appendix I: Appendix J: Checklist, and Notice of Preparation, Environmental Responses to Notice of Preparation Mitigation Monitoring Program City of Carlsbad Local Notice of Completion and State Clearinghouse Notice of Completion Biological Resources and Habitat Analysis in Support of the City of Carlsbad Habitat Management Plan Biological Impact Analysis for the Carlsbad Trails Plan City of Carlsbad, Growth Management Plan, Traffic Monitoring Program, Annual Report Circulation Implementation Program and Traffic Impact Fee Study City of Carlsbad Cultural Resource Survey City of Carlsbad Noise Measurement Data City of Carlsbad CNEL Noise Contour Data GPA MAILING LIST CARLSBAD UNIF SCHOOL DIST 801 PINE AVENUE CARLSBAD CA 92008 SAN MARCOS SCHOOL DIST 1290 W. SAN MARCOS BLVD SAN MARCOS CA 92069 SAN DIEGUITO UNION HIGH SCHOOL DISTRICT 627 N VULCAN AVENUE ENCINITAS, CA 92024 ENCINITAS UNION ELEMENTARY SCHOOL DIST 189 UNION STREET ENCINITAS, CA 92024 LAFCO 1600 PACIFIC HIGHWAY ROOM 452 SAN DIEGO, CA 92101 CMWD 5950 EL CAMINO REAL CARLSBAD CA 92009 LEUCADIA CTY WATER DIST 1960 LA COSTA AV CARLSBAD CA 92009 VALLECITOS WATER DISTRICT 788 SAN MARCOS BLVD SAN MARCOS, CA 92069 OLIVENHAIN MWD 1966 OLIVENHAIN RD ENCINITAS, CA 92024 SANDAG FIRST INTERSTATE PLAZA 401 "B" STREET #800 SAN DIEGO CA 9210 SAN DIEGUITO WATER DIST 59 EASTD ENCINITAS, CA 92024 PLANNING DIRECTOR CITY OF SAN MARCOS 105 W. RICHMAR AVENUE SAN MARCOS, CA 92069 PLANNING DIRECTOR CITY OF ENCINITAS 505 S. VULCAN AV ENCINITAS CA 92024-3633 PLANNING DIRECTOR CITY OF OCEANSIDE 320 N. HORNE STREET OCEANSIDE, CA 92054 PLANNING DIRECTOR CITY OF VISTA 600 EUCALYPTUS AVENUE VISTA, CA 92084 PLANNING DIRECTOR COUNTY OF SAN DIEGO 5201 RUFFIN ROAD SAN DIEGO, CA 92123 CAUF DEPT OF FISH & GAME ATTN: RICHARD NITSOS 330 GOLDEN SHORE, STE 50 LONG BEACH, CA 90802 CAUF COASTAL COMMISSION ATTN: CHUCK DAMM 3111 CAM DEL RIO NORTH, # 200 SAN DIEGO, CA 92108-1725 CARLSBAD SEWER DISTRICT 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 LEUCADIA SEWER DISTRICT 2695 MANCHESTER ENCINITAS, CA 92024 VALLECITOS SEWER DISTRICT 788 SAN MARCOS BLVD. SAN MARCOS, CA 92069 STATE CLEARINGHOUSE 1400 IOTH STREET, RM 121 SACRAMENTO, CA 95814 FINANCE PARKS & REC ARTS DEPARTMENT UTILITIES 8c MAINTENANCE September 17, 1993 TO: FROM: PLANNING DEPARTMENT TRANSMITTAL OF DOCUMENTS Attached is a copy of the RE-FORMATTED PROPOSED General Plan, the Environmental Impact Report on the updated General Plan and the Technical Appendices. A 45 day review period begins Monday, September 20,1993. Please make the documents available to the public for review. Additional copies are available for review and/or purchase at the Planning Department, 2075 Las Palmas Drive between the hours of 7:30 and 5:00 Monday - Thursday and 8:00 and 5:00 on Fridays. Thank you. Attach. STATE OF CAUFORNIA-THE RESOURCEg AGENCY ^PA Arnold Schwarzenegger Govemor DEPARTMENT OF FISH AND GAME South Coast Region 4848 Viewridge Avenue San Diego, California 82123 (858) 4e7-4201 FAX (858) 467-4235 June 23, 2005 Frank E. Igo Community Operations Manager D.R. Horton-Continental Series 5927 Priestly Drive, #200 Carlsbad, CA 92008 RE: Rancho Carrillo Remedial Mitigation and Monitoring Plan Streambed Alteration Agreement #5-145-96 Dear Mr. Igo: The Califomia Department of Fish and Game has reviewed and concurs with the Rancho Camllo Remedial Mitigation and Monitoring Plan, dated May 27, 2004. If you have any questions or comments, please contact Tamara Spear at (858)467-4223. Sincerely, Environmental Sci DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS SAN DIEGO FIELD OFFICE 16885 WEST BERNARDO DRIVE, SUITE SOOA SAN DIEGO, CALIFORNIA 92127 REPLY TO ATTENTION OF: February 3, 2005 Office of the Chief Regulatory Branch Glenn Lukes Associates Attention: Ms. Sally Davis 29 Orchard Lake Forest, Califomia 92630-8300 Dear Ms. Davis: The Corps of Engineers has reviewed the Remedial Mitigation and Monitoring Plan for Impacts to Areas Within the Jurisdiction ofthe United States Army Corps of Engineers Pursuant to Section 404 ofthe Clean Water Act and the California Department of Pish and Game Pursuant to Chapter 6, Section 1602 ofthe California Department of Fish and Game Code Rancho Carrillo, Carlsbad, San Diego County, California, prepared for Continental Residential, Inc., by Glenn Lukos Associates, dated May 27,2004. Tliis remedial plan was prepared as directed in August 2000 by Mr. Mark Tucker, then of the Corps of Engineers, due to the failure of the original mitigation installation. Mr. Tucker advised that due to the lack of adequate hydrology, grading elevations should be changed to support more halophytic hydrophytic vegetation as fotmd in alkali marsh/meadow environs. Based on our review of the plan, we are satisfied that the remedial work will satisfy the requirements of our Nationwide Pennit verification (942085300- TCD), which was issued on October 30,1996, as well as the direction of Mr. Tucker. Therefore, we hereby accept the above-cited remedial mitigation plan. Although the Nationwide Pennit verification has expired, the authorized project work has been completed. Thus no new authorization for the project wiU be required. We recognize that the permittee, through your efforts as enviroiunental consultant and agent, has attempted to remain in compliance with the pennit conditions, which required compensatory mitigation for unavoidable impacts of the project. When mitigation efforts on this site failed, you attempted to conect the situation with revised grading and mitigation plans as directed by Mr. Tucker. We also tmderstand that the tmsuccessful nutigation site is a component of the overaU mitigation for the project's impacts, rather than the entire mitigation effort. Based on these realizations, we concur that additional mitigation to offset temporal loss is not necessary. Furthermore, no enforcement action will be necessary at this point since you have remained in compliance with the permit conditions. -2- In your letter of May 28, 2004, you stated that upon agency approval of the remedial plan, grading wiU begin as soon as possible after the end of the nesting season and planting wUl take place between October 2004 and April 2005. However, since the Corps approval is being granted as of the date of this letter, and we understand that you have not yet received other requisite agency approvals, we realize that it may not be possible to plant prior to April 2005. If that is the case, we will anticipate that work wiU begin after the 2005 nesting season, and that planting wiU occur between October 2005 and April 2006. AU other terms and conditions of the original Nationwide Permit verification remain in full force and effect. Furthermore, the following special conditions shall be added to our acceptance of the remedial plan: 1. The permittee shall contact the Corps for verification of proper grading of the mitigation site a mirumum of 15 days prior to the planned date of initiating planting; AU planting shaU be installed in such a manner fhat mimics natural plant distribution (e.g., random distribution rather than uniform rows); 2. The permittee shall provide written notification to the Corps of anticipated starting and completion dates of activities authorized by this NWP prior to or within one week of initiating construction; 3. The permittee shall allow Corps representatives to inspect the authorized activities at any time deemed necessary to ensure compliance with permit terms and conditions; 4. The permittee shall ensure that all construction materials, staging, storage, dispensing, furling, and maintenance activities are located in upland areas outside Corps jurisdiction, and that adequate measures are taken to prevent any potential runoff from entering waters of the United States (WUS); 5. The permittee shall not use mechanized equipment below the ordinary high water mark (OHWM), except when necessary in the immediate vicinity of the current authorized activity, in pending or on-going projects to prevent impacts to WUS beyond the authorized project footprint. Mechanized equipment shall be operated, whenever practicable, from the bank above the OHWM, and shall use existing road crossings to tiaverse WUS when access is necessary; 6. No debris, sand, silt, trash, concrete or washings thereof, oil or other petroleum products or washings thereof, or other foreign materials shall be allowed to enter or be placed where it may be washed by rainfall or runoff waters into WUS. Upon project completion, any and all excess construction materials, debris, and/or other excess project materials shall be removed to an appropriate upland disposal site (not WUS, including jurisdictional wetlands); 7. The permittee shaU clearly mark aU areas of Corps jurisdiction, including any associated riparian vegetation, that are not to be removed or otherwise adversely impacted during project implementation. Markers and/or barricades shall be clearly located to restrict -3- access and ensure all movement of equipment and personnel to within the authorized construction/impact areas in Corps jurisdiction; 8. The permittee shall install silt fences to trap eroded sediments on-site and to divert runoff around disturbed soils. Silt fences shall also be placed along the tops and toes of slopes of access roads to prevent silt from discharging into WUS; 9. The permittee shall regularly apply water to construction areas to control dust in order to minimize impacts to WUS adjacent to construction areas; 10. The permittee shall ensure that equipment necessary to extinguish small brush fires (from sparking vehicles, etc.) is present on-site during all phases of project activities, along with trained personnel for use of such equipment; 11. All conespondence and subrruttals shaU reference the Corps project name {Rancho Carrillo) and File Number (942085300-TCD), conspicuously on any conespondence or other transmittal letter and/or the first page/paragraph of the text, and on any graphics or photographs. AU plans and photographs shaU be labeled and dated. Failure to provide this infonnation may cause the Corps to determine that the submittals are incomplete, not submitted by the due date, or non-existent, and therefore, not compliant with permit conditions. If you have any questions, please caU Mr. Terry Dean of my staff at (858) 674-5386. Please refer to this letter and 942085300-TCD in your reply. Sincerely, Mark Durham Chief, South Coast Section Regulatory Branch Cc: CDFG, San Diego - Tamara Spear USFWS, Carlsbad RWC3CB, San Diego USEPA Mr. David Lother Continental Residential, Inc. 5927 Priestly Drive, Suite 200 Carlsbad, CA 92008 Ki" b72 073 ^^2 Certified Mail Receipt No Insurance Coverage Provided Do not use for International Mail ffjSFsV^a (See Reverse) Sent to Margie Monroy street & No PO Box 727 RO., Stale & ZIP Code Cardiff CA 92007 Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered Return Receipt Showing to Whom, Date, & Address of Delivery TOTAL Postage & Fees $ Postmark or Date 02/02/94 City of Carlsbad Planning Department February 2, 1994 Margie Monroy League of Women Voters North Coast - San Diego County PO Box 727 Cardiff, CA 92007 SUBJECT: COMPREHENSIVE UPDATE TO THE CARLSBAD GENERAL PLAN (GPA 94-01) RESPONSE TO COMMENTS ON THE ENVIRONMENTAL IMPACT REPORT (EIR 93-01) Thank you for the comments you offered to the City during the public review period of the Environmental Impact Report on the update of the General Plan. Attached to this letter, you will find a copy of the letter you submitted to our department and corresponding responses to your comments. Your letter and accompanying responses will be incorporated into the Final Environmental Impact Report which will be further discussed at public hearings before the Planning Commission and City Council. You are invited to further participate in the Update process by attending these meetings. The Planning Commission hearing is tentatively scheduled for March 2, 1994; the City Council meeting has not yet been scheduled. I would like to suggest that you contact me at (619) 438- 1161, extension 4451 later in February to confirm the Planning Commission date. Thank you again for participating in the Update of the General Plan. Public input is very important to the City and your comments are considered very valuable. Sincerely, ADRIENNE LANDERS Senior Planner Attachment 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619)438-1161 League of Women Voters North Coast Sa n Diego Cou nty Response 8A: No further coniiiiciit was receiveci from iJie League of Woiiicti Voters. Post Office Box 727 Cardiff, CA 92007 October 30, 1993 Ms. Adrienne Landers, SR. Planner Planning Department, City of Carlsbad Community Development Department 2075 Las Palmas Drive Carlsbad, CA 92009-157<^ Dear Ms. Landers: 8A r~ '^^^ League of Women Voters raay wish to submit comments on the Draft Program EIR and General Plan Update. The League requests that after League Board of Directors' approval November 11, 1993, its comments be included in the comment record on the Environmental Impact Report and the General Plan Update. Your consideration of our request will be greatly appreciated. Sincerely, Margie Monroy, Carlsbad^Chair Carol Masters, Co-President League of Women Voters North Coast San Diego County P f=7E 073 441 Certified Mall Receipt No Insurance Coverage Provided ^J^^^ Do not use for International Mail (See Reverse) Sent to TOM ERWIN street & No 7703 GARBOSO PL PO., state & ZIP Code Carlsbad CA 92009 Postage $ Certified Fee Speciai Delivery Fee Restricted Delivery Fee Return Receipt Showing lo Whom & Date Delivered Return Receipt Showing to Whom, Date, & Address of Delivery TDTAL Postage & Fees $ Postmark or Date 02/02/94 76 SENDER: _• Complete items 1 and/or 2 for additional services. • Complete items 3, and 4a & b. {na3 • Print your name and address on the reverse of this form so that we can al return this card to you. • Attach this form to the front of the mailpiece, or on the back if space r.• does not permit. .2 • Write "Return Receipt Requested" on the mailpiece below the article number. •••• • The Return Receipt will show to whom the article was delivered and the date C delivered. I also wish to receive the following services (for an extra fee): 1. CI Addressee's Address 2. El Restricted Delivery Consult postmaster for fee. 3. 10 a. 0 -0 15 a. cn LU cc 3. Article Addressed to: Tom Erwin 7703 Garboso P1 Carlsbad, CA 92009 4a. Art' cle Number P 672 073 441 cc 4- a) CC 8 ,x 15 4b. Service Type CI Registered CI Insured Certified El COD CI Express Mail El Return Receipt for Merchandise /5 7. Date of el ery ) cc LU 5. Signa ure (Addresse 8. Addressee's Address (Only if requested and fee is paid) CC hi 6. Signature (Agent) 0 PSForm3811, December 1991 U.S.G.P.O. :1992-307-530 DOMESTIC RETURN RECEIPT City of Carlsbad Planning Department February 2, 1994 Tom Erwin 7703 Garboso Place Carlsbad, CA 92009 SUBJECT: COMPREHENSIVE UPDATE TO THE CARLSBAD GENERAL PLAN (GPA 94-01) RESPONSE TO COMMENTS ON THE ENVIRONMENTAL IMPACT REPORT (EIR 93-01) Thank you for the comments you offered to the City during the public review period of the Environmental Impact Report on the update of the General Plan. Attached to this letter, you will find a copy of the letter you submitted to our department and corresponding responses to your comments. Your letter and accompanying responses will be incorporated into the Final Environmental Impact Report which will be further discussed at public hearings before the Planning Commission and City Council. You are invited to further participate in the Update process by attending these meetings. The Planning Commission hearing is tentatively scheduled for March 2, 1994; the City Council meeting has not yet been scheduled. I would like to suggest that you contact me at (619) 438- 1161, extension 4451 later in February to confirm the Planning Commission date. Thank you again for participating in the Update of the General Plan. Public input is very important to the City and your comments are considered very valuable. Sincerely, ADRIENNE LANDERS Senior Planner Attachment 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619)438-1161 ^ iKniwnn)ciiYM«''*C£R November 3, 1993 Tom Erwin 7703 Garboso Place Carlsbad CA 92009-8325 Ms Adrienne Landers Senior planner City of Carlsbad 2075 Las Palmas Drive Carlsbad CA 92009 V % Response 9A; This cominent focuses on the noise policy of the updated General Plan and does nol addresses the content of tJie EIR. City staff recognizes the importance of mitigating noise impacts from prime arterials. freeways, and the railroad. The primary concern slaff has had witli mitigating noise to 60 dBA along these major transportation systems is tliat tlie necessary mitigation may be over-height walls. In some ca.ses, noise barriers will have to be in excess of 12 feet in height. Mitigating the visual impacls of a 12-foot high barrier can be problematic. Excessively high walls are difficult to screen with landscaping and therefore can greatly impact thc visual attractiveness of an area. In residenlial neighborhoods, excessively high walls can produce an isolating, wallcd-in effect. Dear Ms Landers: RE: Noise Element - Draft EIR for the City of Carlsbad General Plan Update. Thank you for the opportunity to comment on the draft EIR for the General Plan. I wish to respond to thc followinq items. nf^ J— We have an "Administrative Noise Policy" that has been in effect since 1990. Why isn't the General Plan being brought into conformance with this policy, instead of an outdated policy from the 1970's7 Specifically the maximum exterior noise level is 60 dBA CNEL for residential in the Administrative Noise Policy. However the draft EIR and the draft General Plan show 65 dBA CNEL for areas impacted from prime arterials, freeways, state highways and rail. The very sources both the Planning Commission and the City Council were addressing when they reduced the noise impact from 65 dBA CNEL to 60 dBA CNEL in 1990 with their approval of Administrative Policy #17. Carlsbad is not unique in having a 60 CNEL standard. Hofman Planning Associates, as a representative of the development community, made a telephone survey of 21 cities and the county of San Diego on October 23, 1989 to find out how many were using 60 dBA CNEL. 36% of their survey were using 60 dBA CNEL including the county of San Diego. The development community would like us to believe that Carlsbad is unique in demanding the superior standard of 60 dBA CNEL. The Hofman survey shows this is not true. One additional benefit of 60 dBA CNEL is that it is possible in most cases to reach an interior of 45 dBA CNEL without having to resort to mechanical air systems. In other words we won't have to seal people up in their homes. They can open their .windows and enjoy Carlsbad. However, based on public input and re-analysis of the noise standards, city staff has decided to reconsider its position and support the 60 dBA CNEL standard consistent with Administrative Policy 17 in tlie updated General Plan Noise Element for all circulation element roadways. To address the potential aesthetic impacts of over-height walls, staff will also recommend tliat additional policies be added to the Noise Element to ensure that visual impacts of walls are minimized. However, this issue will need to be discussed in detail at both the Planning Commission and City Council hearings. Modifying the noise standard will not affect the conclusion in the EIR tliat Ihe noise impact is significant but can be mitigated to less than signincant. I would also like to comment on the following: 9B 90 1. "Typical Sound levels in dBA" Table 5.9-1 page 5.9-2 This table does not accurately represent the negative impact of sound on humans. I would suggest instead that you incorporate the enclosed chart and comments entitled "Common Sounds - Basic Theory: Common Sounds in Decibels". It more accurately rep- resents the impact on people. Anyone who believes 70 dBA is quiet needs their hearing checked. The enclosed chart shows Very Faint from 0 dBA to 22 dBA; Faint from 22 dBA to 42 dBA; Moderate from 42 dBA to 62 dBA; Loud from 62 dBA to 82 dBA; Very Loud from 82 dBA to 105 dBA .and Deafening from 105 dBA to 140 dBA. ~2. "Land use compatibility for community noise environments Table 5.9-2 page 5.9-6. All residential and schools should be shown as -Unacceptable" above 60 CNEL. "Normally Respoii.se 98: Table 5.9-1 in tlie EIR is ba.sed on a table in tlie City of Carlsbad Draft Noi.sc Guidelines Manual, which was prepared with the assistance of professional noise coii.sultants. Table 5.9-1 adequately depicts noise levels and replacing Table 5.0-1 wilh die recommended lable is unnecessary. Response 9C: See Response 9A. Res|X)nse 9D: Comment noted. Both the EIR for the Carlsbad General Plan and the Comprehensive Land Use Plan (CLUP) for thc McClellan-Palomar Airport address potential impacts from airport noise. Bolh documents provide implementation programs to reduce potential noi.se impacts to less tlian significant. Respon.se 9E: See Response 9A. 90 3. We are totally lacking in developing a method to address the actual noise impacts from the airport. The real noise Impact gets lost in the CNEL because the "peaks" are averaged out. The primary sound impact from an airport is "peak" or "single" event noise. An example would be a loud aircraft taking off. We need to develop a method and scale to measure the impact of these "peak" events on the public and do our planning on -the actual impact versus the averaqe Impact. 9E Finally there is nothing in this draft EIR that justifies compromising our noise standards. Administrative Policy #17 was Implemented only after much study and review. To weaken our standards is a giant step backwards in our effort to create _a healthy and pleasant place for our citizens to live. Sincerely, Enc: 1 Chapter 1 Basic Overview o( the Environmental Noise Problem 'ntroduction BKliground Detinition ind Scop* ol llw Nois* PTObl«m Ihe air around us Is constantly filled •ith sounds, yel mosl of us would piobably nol say we are sunounded b) noise. What then Is lha difference tetween ordinary sound and wtiat wa ciH noise? Tha liadlttoml dellnltlon ot noise Is that It Is "unwanted lound." Sound becomea unwanted often it eilher Interferes with our nonnal activities such as sleeping, conversation or recreation, wtwn it causes actual physical harm such as learino loss or tias adverse elf ects on menial health. As we hava t>ecome a nore urbanized countiy and as technology has advancwl, the level of sound in our environment has reached he point when It sometimes does mse interf erence and does causa -hysical and psychologlcat harm, and ^nus we have developed a noise ToMem. (See Figure 1 lor a llsling of '^fommon sounds j Tha dimensions ol lha nolsa iroblem hava grown larger and larger mr Itie pasl lew decades. In Its 1979 Innual Report, The Council on :nvlronmentat Ouallly staled lhat Hearty hall the US population Is egulwly exposed lo levels ol noise Dal Interfere with -normal aeHvHles" nd atxiut "1 In 10-ara exposed to elses ol duration and Inletislty •illiclent lo causa a pennanent educllcxi In their alilllly to hear." Figura 1 Cominon Sound* Balk ThMxy: Cominon Sound* In 0«dbalt (dBI Soma common, oaslhl recognized sounds af • listed below In order of (ncreasing sound (ntensily levele (n decibels. The sound levels shown lor occupied rooms ere typical generel adivity levels only end do nof represent criterie lor design. Exemplef Near Jet engine Threshoid ol pain Decibeis (dBI. Sublecllve Evaluations Accelereling motorcycle et a lew Ieel eway (Note; SO It from motorcycle equals ndse et about 2000 It Irom e 44ngine |et alrcrall^ Loud euto hom et 10 It ewey Noley urban streel Noisy fsctory School cafeferle wAmlreeted surfeces StenograpMc room Neer freewey aulo traffic Average office Soft radio mueic In epeilnienl Range of speech • Average raaldenoa withoul stereo playInQ MisMo of leeiMe In vrfnd Humen kreelMng 140,^ ^ Oeafening • Very loud 30 > Faint • Very lelnl scde ete fnm Concflpfs M A#cANvc(mf Oarid McOraw Hei. y»n> P t,72 073 M40 Certified Mail Receipt No Insurance Coverage Provided Do not use for International Mail pSIJf&^^JB (See Reverse) Sent lo ALEX BENQUIAT street 8, t^o 2947 Lexington Cr PO., state & ZIP Code Carlsbad CA 92008 Postage $ Certitied Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered Return Receipt Showing to Whom, Date, & Address of Deiivery TOTAL Postage & Fees $ Postmark or Date 02/02/94 Fold at line over top of envelope to the right of the return address. SENDER: • Complete items 1 and/or 2 for additional services. • Complete items 3, and 4a & b. • Print your name and address on the reverse of this form so that we can return this card to you. • Attach this form to the front of the mailpiece, or on the back if space does not permit. • Write "Return Receipt Requested" on the mailpiece below the article number • The Return Receipt will show to whom the article was delivered and the date delivered. I also wish to receive the following services (for an extra fee): 1. El Addressee's Address 2. CI Restricted Delivery Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number Alex Benquiat 2947 Lexington Cr Carlsbad CA 92008 5. Signature (Addressee) P 672 073 440 4b. Service Type El Register-03 .1 :-p Insured ,COD Ei4a} ss il8 fl Return Receipt for ;Merchandise of Ddliery 1,7 >•• 8. Ad essly fkeldr9ss (Only if requested and fe co .c ate 6. Signature (Agent) ps Form 3811, December 1991 U.S.G.P.O. :1992-307-530 DOMESTIC RETURN RECEIPT City of Carlsbad Planning Department February 2, 1994 Mex Benquiat 2947 Lexington Circle Carlsbad, CA 92008 SUBJECT: COMPREHENSIVE UPDATE TO THE CARLSBAD GENERAL PLAN (GPA 94-01) RESPONSE TO COMMENTS ON THE ENVIRONMENTAL IMPACT REPORT (EIR 93-01) Thank you for the comments you offered to the City during the public review period of the Environmental Impact Report on the update of the General Plan. Attached to this letter, you will find a copy of the letter you submitted to our department and corresponding responses to your comments. Your letter and accompanying responses will be incorporated into the Final Environmental Impact Report which will be further discussed at public hearings before the Planning Commission and City Council. You are invited to further participate in the Update process by attending these meetings. The Planning Commission hearing is tentatively scheduled for March 2, 1994; the City Council meeting has not yet been scheduled. I would like to suggest that you contact me at (619) 438- 1161, extension 4451 later in February to confirm the Planning Commission date. Thank you again for participating in the Update of the General Plan. Public input is very important to the City and your comments are considered very valuable. Sincerely, ADRIENNE LANDERS Senior Plarmer Attachment 2075 Las Palmas Drive • Carlsbatd, California 92009-1576 • (619)438-1161 ^ Planning Department City of Carlsbad, Carlsbad, California 92008 Ref: Noise Element of plan for City of Carlsbad IOA It is significant that the City is aware of the injurious effects of excessive noise, and is planning to take action against it. Tho draft plan on noise element is comprehensive, but it omits a souree of nolsa that I ara particularly interested in. I submit the following for your consideration: Tho City of Carlsbad has a large population of dogs. The City, County and State have ordinances which state clearly that excessive barking of dogs is a misdemeanor crime. The majority of dog owners are responsible and control their dogs so they will not bark in a manner that is disturbing to their neighbors. There is a stub- born minority that is indifferent to their obligation, and allow their dogs to bark for hours. This kind of barking is very distressful to neighbors, and seems to occur in many parts of the City. This source of noise can be controlled if unreasonable dog owners are made aware of the fact that, as a misdemeanor crime, they aro subject to fines and penalties. In the case of particularly unconcerned dog owners, the imposition of penalties Is usually sufficient to cause them to effectively terminate this nuisance. Unfortunately, this is not considered a major issue, considering all the other criminal burdens placed on policing agencies. The Animal Control agency is more focussed upon animal rights than human rights, and protects tho "rights" of dog owners to keep dogs in spite of tho distressing effects barking has upon the tranquillity and peace of the neighborhood. Thoy have a process which requires victims to become embroiled in what is known as a "citizen's arrest" despite the^fact that like other crimes, it is an issue that requires only police action. In a local barking dog situation we circulated a petition and obtained over 30 signatures. All expressed indignation at the disturbance, but only two called to complain. The others didn't want to "rock the boat" with tho offending neighbor. None would want to become embroiled In a "citizen's arrest. So the crime of excessive barking continues while our citizens suffer in silence. There is an alternative, simple process which would be effective. We have submitted to tho City a process followed by many cities in San Dlego County, wherein the County Noise Control department is contracted to furnish its services. They will accept a complaint, warn tho offender, and after a brief time for correction of the problem, will issue a citation. This has an effect upon the most recalcitrant offender. 1 Re.s|X)nse IOA: The issue of harkiiii: dops is a vety specinc noise source and is lypically referred to as a nuisance noise. Seclion 7 (W.OlO of the Cily C.xle aildresses offensive noise from animals. Accordiiii: lo ilie Ctxlc. il is unlawful for any [icrson to keep, maintain or cause or allow to he kept or niainlained within Ute limits of tlie City any animal that causes noise which is offensive lo ilie senses of any (icrson when the offended person is situated off of the lot or lois on which the animal is kept or maintained. Although the Cily does not address individual nuisance noise issues through the General Plan, the General Plan Noise Elemeiil establishes the framework for addressing the issue. More specitically. the Ciciieial Plan establishes the following Implementing Policy and Action Program: •Control harmful or undesirable wounds through the planning and regulatory prtxess widi emphasis on noise/land use compatibility planning.' This policy is required as a mitigation measure in the EIR. The City is aware of lhe concerns expressed in this comment letter and will look into a more effective way lo addrcss llie issue of excessive dog barking. The objection that this is an added expense to the City is not acceptable to those of us who do not commit such crimes. We are entitled to effective action against those who commit crimes. We request that tho City of Carlsbad join the many other cities in this County who pay for such a service for the benefit of their citizens. This proposal could be added to the Noise Element of the Planning Department's plan for the City, and request that it . be included. Sincerely, 2947 Lexington Circle Carlsbad, Calif. 92008 /r V . Albert Bengulat ^ 073 ^^3 Certified Mail Receipt No Insurance Coverage Provided Do not use for International Mail «l?^l_(See Reverse) Sent to Project Future -Ann Mau cll street & No 3425 Ridgeecrest Dr RO.. State & ZIP Code Carlsbad CA 92008 Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipl Showing to Whom & Date Delivered Return Receipt Showing to Whom, Date, & Address of Delivery TOTAL Postage & Fees $ Postmark or Date 02/02/94 SENDER: • Complete items 1 and/or 2 for additional services. • Complete items 3, and 4a & b. • Print your name and address on the reverse of this form so that we can return this card to you. • Attach this form to the front of the mailpiece, or on the back if space does not permit. • Write "Return Receipt Requested" on the mailpiece below the article number • The Return Receipt will show to whom the article was delivered and the date delivered. :C$ 2 3. Article Addressed to: au Project Future O Attn: Ann Mauch 0 m 3425 Ridgecrest Dr CaA_sbad, CA 92008 , 0: 5. Signa e (Addr ee) CC 6. Sig—nature (Agent I also wish to receive the following services (for an extra fee): 1. E Addressee's Address 2. 0 Restricted Delivery Consult postmaster for fee. 4a. Article Number P 672 073 443 4b. Service Type O Registered • Certified D. Express Mail 7. Date of Delivery 8 Addressee's Address (Only if requested and fee is paid) .c O Insured 0 COD O Return Receipt for Merchandise gn • PS Form 3811, December 1991 U.S.G.P.O. : 1992-307-530 DOMESTIC RETURN RECEIPT City of Carlsbad Planning Departnnent February 2, 1994 Project Future Attn: Ann Mauch 3425 Ridgecrest Drive Carlsbad, CA 92008 SUBJECT: COMPREHENSIVE UPDATE TO THE CARLSBAD GENERAL PLAN (GPA 94-01) RESPONSE TO COMMENTS ON THE ENVIRONMENTAL IMPACT REPORT (EIR 93-01) Thank you for the comments you offered to the City during the public review period of the Environmental Impact Report on the update of the General Plan. Attached to this letter, you will find a copy of the letter you submitted to our department and corresponding responses to your comments. Your letter and accompanying responses will be incorporated into the Final Environmental Impact Report which will be further discussed at public hearings before the Planning Commission and City Council. You are invited to further participate in the Update process by attending these meetings. The Planning Commission hearing is tentatively scheduled for March 2, 1994; the City Council meeting has not yet been scheduled. I would like to suggest that you contact me at (619) 438- 1161, extension 4451 later in February to confirm the Planning Commission date. Thank you again for participating in the Update of the General Plan. Public input is very important to the City and your comments are considered very valuable. Sincerely, ADRIENNE LANDERS Senior Planner Attachment 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161 7A PROJECT FUTURE November 4, 199 3 7B By Fed Attn. Adrienne Landers city of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009 RE: Comments on Draft Environmental Impact Report for the Citv of Carlsbad General Plan Update Dear Ms. Landers: The following conunents concerning the Draft Environmental Impact Report ("DEIR") for the proposed City of Carlsbad General Plan Update ("Project") are submitted by Dolores Welty and Project Future. General comments are followed by more specific comments related to the adequacy of the DEIR. I• INTRODUCTION It is no less than amazing that only two significant unavoidable impacts would occur as a result of the substantial growth permitted under the General Plan Update ~ cumulative air quality and cumulative traffic. According to the DEIR, all other iwpacts can t>e mitigated to a level of in..;ionifiranr-.»! DEIR at page 2.0-2. This conclusion is not supported by the DEIR's listing of mitigation neasures in the form of General Plan policies. For exanple, nunerous policies are worded "preserve Where POgsihle," "whenever possible," "should" and "minimize the encroachment of developnent " This language does not prevent environmental inpacts to sensitive resources from occurring There will still be significant unavoidable impacts as a result of the potentially najor conpronises between development and resource protection allowed by the permissive policy language. See for example open space policies C.7, c.9, C.24, c 11 and c 1 Developinent and adoption of standards and ordinance modifications which might provide additional mitigation are postponed until a later date, making it impossible for the public to know how effective these policies would be in protecting resources. See I—for example c.2 in both Land Use and Open Space elements. r „ environmental implications of the General Plan Update are potentially grave as a result of the permissive language of resource protection policies. As such, we believe Response 7A: The EIR for thc Carlsbad (iciior:il I'lan has been prepared as a Program EIR and a Master EIR ptir.suaiil lo CEQA The impact analyses, mitigation mea.sures, and significance conclusions adot)tialoIv liiinil llic provisions ofa Program EIR and Master EIR under CEQA. Specific tlevclojiiiicnl proposals will be a.ssessed for project-level environmental impacts and projecl-lcvcl niitigation nieasures will be required to reduce significant impacts to less lliaii sicnilicaiil To fully explain tlie use of Uie EIR for the Carlsbad General Plan, the iinplic.ttioiis of Program and Master EIRs are discussed below. In accordance with CEQA Guideline provisions, this EIR was prepared as a Program EIR to evaluate Ihe adverse environmental impacts of implementing the City's updated comprehensive General Plan, anti lo allow die City to consider broad policy alternatives and program-wide niiligalioii nieastircs (Section 15168 of CEQA Guidelines). This Program EIR focuses on the potential adverse environmental impacts of policy recommendations ami .secondary effects tliat may result from die long-range implementation of the u|xlalcd Carlsbad General Plan. The degree of specificity used to analyze the potential .idverse environmental impacts is related to the broad nature of the policy reconimcndatioiis contained in the updated Carlsbad General Plan (Section 15146 of CEQA Guidelines) The EIR for the Carlsbad General Plan was also prepared as a Master EIR in anticipation of pending legislation that was introduced to the Stale Legislature in 1993. Assembly Bill 1888, and its companion Senate Bill 919, were written for the purpose of streamlining the CEQA process. The bills were signed by the govemor in October 1993 and the EIR for the Carlsbad General Plan will serve as a Master EIR. As a primary streamlining approach. AB 1888 authorizes the use of a Master EIR to: I) allow complex and controversial environmental impacts to be analyzed and addressed early in the CEQA process: and 2) reduce or eliminate subsequent, redundant analysis of environmental impacts. According to AB 1888, General Plans are appropriate subjects for Master EIRs. A Master EIR must contain the same contents presently required for all EIRs plus a description of anticipated subsequent projects that would be within the scope of the Master EIR. Once a proposed subsequent project of any type is filed with thc City of Carlsbad, the City will determine whether or not the subsequent project is identified in die Master EIR. If a project is identified in the Master EIR as a "subsequent project,' an Initial Study will be prepared, and die City will then determine whether or not the significant environmental impacls of the subsequent project are addressed by the Master EIR. Where tlie Cily decides lhal the Master EIR also addresses the significant environmental impacts of the subsequent project, written findings to that effect will be made based on information contained in the Initial Study, and a notice of determination will also be filed. Should the agency decide that the subsequent project may cause significant environmental impacts not addressed in the Master EIR, either a niitigatal Negative Declaration, an EIR, or a focused EIR (a streamlined form of EIR also described in AB 1888) will be prepared. If the proposed subsequent project is not identified in the Master EIR. an initial study will be prepared and tlie City will determine whether significant environmental impacts may result from the subsequent project. Where the City decides dial significant environmental impacts may be caused by die project, a mitigated negative declaration, subsequent EIR, or supplemental EIR will be prepared. EIR Section I.O, Introduction, has been revised to incorporate the most recent CEQA legislation about Master EIRs and environmental review for subsequent projects. Response 7B: The EIR addresses impacts related to agricultural lands, visual character, water supply, natural habitat, and sensitive species. The EIR concludes that impacts to tiiese areas are significant but can be reduced lo less Uian significant wiUi mitigation measures. The City of Carlsbad addresses these areas in the General Plan and establishes programmatic policies to reduce Ihe effects of development. These policies are identified as mitigation measures in Uie EIR to reduce potential impacls from implementation of Uie General Plan. Pursuant to the Seclion 21081.6 of the Public Resources Code, (which was added by Assembly Bill 3180 in 1989), Uie City has prepared a Mitigation Monitoring Program. Through the Mitigation Monitoring Program, the City will en.sure that the General Plan policies identified as mitigation measures are implemented. In addition, all applicable mitigation measures from the General Plan EIR will be incorporated into Mitigation Monitoring Plans for future development projects. Pursuant to the 1992 addiUons to Section 2I08I.6, the City will adopt the mitigation measures established in Uie General Plan EIR as conditions of project approval. The impacts to agricultural lands, visual character, water supply, natural habitat, and sensitive species will be reduced to less than significant by the implementation of the idendfied mitigation measures. A number of the mitigation measures will be implemented through future development projecis. The City will adhere to Section 21081.6 of the Public Resources Code to ensure that the measures are appropriately implemented to reduce significant impacts. 70 7D 7E 7F 7G 7H th.Tt the list of significant unavoidable impacts must be expanded to include the following: * Conversion of agricultural land to urban uses; * Substantial alteration of the City's visual character; * Cumulative water demand in excess of the state's limited water resources: Impacts to wetlands, riparian sensitive habitat areas; corridors, and other Impacts to species of significance. policies and land uses which impact coastal sage scrub is needed. Moreover, the DEIR's cumulative analysis of impacts to coastal sage scrub and the species it supports cannot be adequate until the related planning efforts are completed in the region. As the approach to Preserve Planning and Design acknowledges: "It is important to consider the conservation effort of the City in the context of other planning efforts in San Diego County and the Southern California region (e.g. the MSCP, the North County MHCP, and hte NCCP for coastal sage scrub)." Appendix D, page 36. It would only be possible to adeguately analyze the adeguacy of the City's various programs to protect this resource once these related planning efforts are completed — and consideration of the impact of the fires is analyzed. Until these steps are taken, no additional coastal sage scrub habitat should be harmed. that th Califor L_ Guideli r Project Future's overall position regarding the DEIR is the document fails to comply with the reguirements of the fornia Environmental Quality Act (CEQA) and the CEQA nes in at least the following major respects: Many of the DEIR's conclusions that impacts are insignificant are unsupported and contrary to the evidence. For example, the DEIR declares that all impacts to significant resources by the project are insignificant notwithstanding the fact that policies do not prohibit development of these areas. The DEIR contains virtually nfi analysis of cumulative impacts. Moreover, as described above, the cumulative Response 7C: Coastal sage scrub habitat in Carlsbad was not impacted by wildfires during 1993 and California gnatcatchers in Carlsbad were consequently nol affected by wildfires. As a result, the City's Habilal Management Plan and the General Plan |«)licies related to habitat protection are adequale. Because the California gnatcatcher has been listed by the U.S. Secretary of die Interior as "Threatened" under the Endangered Species Act, the bird is under the jurisdiction of tlte U.S. Department of Fish and Wildlife Service (USFWS). The Secretary of the Interior and lhe USFWS ate presently working wiUi regional interests to develop a regulatory structure to proiect die California gnatcatcher. Development under tlte Cari.sbad General Plan will be regulated by existing and future regulations established by the .Secretary ofthe Inlerior and die USFWS. Response 7D: Neither the California Environmental Quality Act or the Endangered Species Act contain provisions that prohibit the adoption and impleineiitation of a General Plan until regional Habitat Management Plans for endangered species are completed and implemented. Local and regional conservation plans are considered in IxiUi the analysis of program-level impacts to biological resources and ciiniulalive impacts to biological resources. Although die regional Habitat Managenient Plans are not completed or implemented to dale, potential program-level impacts to biological resources, particularly coastal sage scrub habitat and die California gnatcatcher, can be adequately assessed. To ensure Uiat Carlsbad will continue to participate in regional Habitat Management Plans, Uie EIR requires a mitigation program to ensure long-term participation in the State of California Natural Community Conservation Planning efforts and the North Counly Habitat Conservation Plan. The City has an adopted Open Space and Conservation Resource Management Plan (OSCRMP) which defines priorities for open space planning on a city-wide basis and for Uie City's 25 Local Facilities Management Zones. The OSCRMP identifies open space for the preservation of plants, animals, and habitat as a top priority. This policy expresses Uie City's general intent to optimize natural resource values Uiroughout Uie open space system and to maximize the protection and enhancement of wildlife and habitat wiUiin various preserves. In addition, the City of Carlsbad is committed to continuing its Habitat Management Plan efforts. Additional General Plan implementing policies related to die City's Habitat Managenient Plan efforts have been included in Uie Final EIR as mitigation measures. The OSCRMP and die Habitat Management Plan, along wiUi federal regulation and CEQA compliance, will ensure Uiat coastal sage scrub habitat and the California gnatcatcher are successfully protected. Response 7E: See Responses 7C and 7D. Response 7F: The EIR for die Carlsbad General Plan Itilfills die requirements of CEQA and die CEQA Guidelines. In accordance with CEQA Guideline provisions, this EIR was prepared as a Master and Program EIR lo evaluate the adverse environmental impacts of implementing the City's u|xlaled comprehensive General Plan, and to allow the City to consider broad policy alternatives and program-wide mitigation measures (Section 15168 of CEQA Guidelines). This Master EIR focuses on the potential adverse environmental impacts of [xilicy recommendations and secondary effects that may result from die long-range implementation of die ujxlatcd Carlsbad General Plan. The degree of specificity used to analyze die potential adverse environmental impacts is related lo the broad nature of the policy recommendations contained in the updated Cartsbad General Plan (SecUon 15146 of CEQA Guidelines). This Master EIR assumes the highest yield of development perniitted under the updated Carlsbad General Plan to allow assessment of the "worst case" impacts. See Responses 7G, 7H, 71, 7J, 7K, and 7L below for responses to specific commenls about the adequacy of the EIR. Response 7G: The EIR contains Uiorough inipact assessments for the issue areas that were idendfied in Uie Initial Study. The degree of specificity used to assess impacts is direcUy related to the programmatic nature of die project and the EIR. The EIR presents sufficient evidence lo support the conclusions about the significance of the programmadc impacts. The example presented in this comment is very general and is not related lo the significance conclusion for a .specific environmental issue area. Specific significance thresholds are used to determine the significance of impacts idendfied for each environmental issue area. The significance thresholds used in the EIR are based on Supplementary Document G ("Significant Effects") and Supplementary Docunient J ("Archaeological Impacts") of Uie CEQA Guidelines, and the City of Carlsbad Growth Management Plan. Where an identified impact meets or exceeds the significance threshold, the EIR concludes Uiat the General Plan will result in a significant impact. In specific, where the EIR identifies an impact lo a significant resource, the EIR concludes that the impact will be significant. Midgadon measures are required to reduce the significant impact lo a less than significant level. Mitigation to less than significant can be achieved Uirough methtxis odier than prohibiting development of the site with the significant resources. Response 7H: Section 7.5 ofthe EIR contains a very thorough analysis of potendal cumuladve impacts resulting from implementation of Uic Carlsbad General Plan and other planned development in Uie region. Section 7.5 contains a comprehensive descripdon of the City's approach to assessing cunuilative impacls. As discussed in Section 7.5, die San Diego As.six?iatioii of Govermnents (SANDAG) divides the County of San Diego into subregions, or Major Statistical Areas (MSAs). Carlsbad is lcx;ated in the North County West MSA. Pursuant to die Section 15130 of die CEQA Guidelines, die City based die cumuladve inipact analysis on SANDAG Series 7 growth projecfions for die North County West MSA. The SANDAG growlh projections were augmented for die cumulative impact analysis lo rellect lotal buildout of the Carlsbad General Plan. Potendal cumulative impacts were as.scssed for each environmental issue area based on die augmented SANDAG Series 7 growth projecdons for the North County West MSA. The degree of specificity used to assess potendal cumuladve impacts is direcdy related to the programmadc nature of Uie EIR. The cumuladve impact analysis acknowledges potential impacts lo sensitive biological resources, including coastal sage scrub habitat. The potential cumulative impacts to biological resources can be reduced to less than significant throtigh oiipoiiip local and regional conservation efforts, federal regulafion, and CEQA compliance. 71 7J 7K 7L 7M 7N [ C am of impacts of this project in connection with other projects on the loss of coastal sage scrub habitat are among the most significant adverse impacts of this project. The DEIR omits feasible mitigation measures which could further reduce or eliminate significant and significant unavoidable project-related and cumulative impacts. Measures to reduce or eliminate cumulative impacts are largely omitted. The description of the project is incomplete and misleading. It is impossiljle to determine many of the project's environmental impacts because the DEIR fails to contain either a complete or consistent project description. Reasonable, feasible alternatives to the project are omitted; namely a project that reduces non-residential development, among other alternatives. These are just a few of notable examples of the errors nd omissions that pervade the DEIR. Our comments detailing all the inadequacies of the DEIR are set out in full below. 70 II. THE DEIR IS INADEQUATE The DEIR for the proposed General Plan Update is deficient in at least the following additional respects: A. Stated Proiect Obiectives Are Inadequate A clear statement of project objectives is a prerequisite to the completion of an adequate EIR. CEQA Guidelines section 15124. This is because the ultimate decision on a project may rest on which proposed alternative achieves the objectives of the project with the least amount of harm to the environment. If the stated project objectives are not clear or valid, a critical standard for the selection and analysis of adequate alternatives is missing. In the absence of adequate project objectives, decision-makers cannot properly weigh the choices between the "no project" alternative and other alternatives set forth in the DEIR. In addition, since the project objectives are among the nain criteria for selection of project alternatives, the range of alternatives is likely to be inadequate or contrived. Appropriate project objectives for a general plan can be found in the OPR Guidelines: 1. First that the general plan is in the public interest. Response 71: The EIR contains programmatic mitigation measures to reduce significant environmental impacls from implementation of the General Plan. The EIR also identifies programs Uiat will mitigate significant cunuilative impacts. See Responses 7G and 7H. Respon.se 7J: Secdon 3.0 of the EIR contains a coniplete and consistent descripdon of die project analyzed in the EIR. The impact assessment in die EIR is based on buildout of die land use designafions established by die General Plan. Table 3.5-1 provides a quantified comparison of existing and buildout development conditions. The impact assessment in die EIR as.sumes dial maximum buildout will occur in 2010. The environmental inipact analysis is based on change between development conditions exisdng in 1990 and buildout conditions in 2010. Many of the technical reports employed in the EIR rely on 1990 environmental conditions and this base year is consequently used throughout the EIR to provide a consistent analysis. Impacts are al.so consistently assessed for General Plan buildout al 2010 Uiroughout the EIR. Potential impacts of General Plan implementation are adequately determined in die EIR based on the project description as described above. Response 7K: Four alternatives to die proposed General Plan are identified in lhe EIR: No Project, Exisdng General Plan, Decreased Residential Development, and Densiiy Transfer. The altematives were developed lo reduce die significant impacls of the proposed General Plan. The environmental impacts of each alternative are compared to Uie impacls of die proposed General Plan to determine if any of the alternadves are environmentally superior to the proposed General Plan. None of the alternadves involve reduced non- residendal development (i.e., specifically commercial and industrial uses), because the City of Carlsbad feels a reduced non-residential development scenario is infeasible and unrealisdc. A reduced non-residendal development scenario is infeasible and unrealisdc because large portions of the City contain development constraints Uiat restrict development lo non-residendal uses. McClellan-Palomar Airport is centrally located in die City, and consequendy large areas of land near die airpori can only be used for non-residential uses. Because the airport generates potential public safety hazards, residential uses cannot be developed in large areas near the airport. Development of other areas in die City is restricted to non-residendal development because die areas are already developed with non-residendal development. Furthermore, additional areas are entitled for non- residential development due to prior project approvals. Response 7L: As discus.sed in Res|xinses 7E through 7L, the comments regarding "errors" and "onii.ssions" are unfounded and iiwccurale. The EIR for die Carlsbad Geneial Plan is adequate and fulfills die requirements of CEQA and the CEQA Guidelines. Response 7M: The EIR for die Carlsbad General Plan is adequate and fulfills die requirements of CEQA and the CEQA Guidelines. In accordance widi CEQA Guideline provisions, this EIR was prepared as a Master EIR to evaluate die adverse environmental impacts of implemendng the City's updated comprehensive General Plan, and to allow the City to consider broad policy alternatives and program-wide mitigadon measures (Section 15168 of CEQA Guidelines). This Master EIR ftKuses on the potendal adverse environmental impacts of policy recommendations and secondary effects that may result from the long- range implementation ofthe updated Carlsbad General Plan. The degree of specificity used to analyze the potential adverse environmental impacts is related to the broad nature of the policy recommendations contained in the updated Carlsbad General Plan (Secdon 15146 of CEQA Guidelines). This Master EIR assumes die highest yield of development permitted under Uie updated Carlsbad General Plan to allow assessment of die "worst case" impacls. See Responses 7N dirough 7DD below for responses to specific commenls aboul the adequacy of die EIR. Response 7N: Secdon 3.0 of the EIR identifies the objectives of the General Plan. The objectives set forth in Section 3.0 provide a standard for decision makers to properly weigh the choices between the proposed General Plan and die altematives. Response 70: According to Secdon 3.0 of die EIR, "The objective of the General Plan is to establish definitive guidelines and policies which allow for orderly, efficient, and sustained growth in the City of Carlsbad. Through implementation of these goals and policies, the City will work toward providing a pleasant living and working environment for City residents and workers, while conserving and maintaining the natural physical environmenl to the greatest degree possible." As stated, the objectives fiilfill Ihe OPR objectives of public inlerest and balance of local resources. The General Plan contains the required components and public input was solicited in formulating the policies of the General Plan lo ensure that it is consistent with public attitudes. 2 . Second, that the general plan is consistent with public attitudes. 7P 7Q 3. Third, that the plan has the reguired components. 4. Fourth, that the plan takes into consideration an appropriate balancing of local resources. The General Plan Update's emphasis on "sustained growtii" with resource protection as a secondary consideration is inappropriate. All elements of a General Plan are required to be of equal status. This objectives statement suggests that "growth" (including provision of affordable housing) supercedes all other reguired general planning considerations. The result is that the DEIR's evaluation of the alternatives in the end focuses on whether they meet the objective of accommodating growth and affordable housing to the exclusion of equal goals including resource protection. This approach forecloses proper planning and adequate environmental review. I— B. The DEIR Contains An Inadequate Proiect Description An EIR must contain an accurate description of the project. County of Invo v. City of Los Anaeles. 71 Cal. App. 3d 185, 193 (1977) tInyo II). Section 15378 of the CEQA Guidelines defines "project" as "the whole of the action, which has the potential for resulting in a physical change in the environment, directly or ultimately..." I Emphasis added.) In addition, the project description must contain a general description of the project's technical, economic, and environmental characteristics. CEQA Guidelines section 15124. An accurate and complete project description is a critical part of an EIR. "An accurate, stable and finite project description is the sine aua non of an informative and legally sufficient EIR." Santiaao Countv water District. (1981) 118 Cal.App.3d 818, 830 (quoting Inyo II. 71 Cal.App.3d at 192-93). The court in Inyo II explained why a thorough project description is necessary: A curtailed or distorted project description may stultify the objectives of the reporting process. Only through an accurate view of the project may affected outsiders and public decision-makers balance the proposal's benefit against its environnental cost, consider mitigation measures, assess the advantage of terminating the proposal (i.e., the 'no project' alternative) and weigh other alternatives in the balance. 71 Cal.App.3d at 192-93. Response 7P: The Carlsbad General Plan proposes to strike a balance between sustained growth and resource protection. Resource protection is given equal consideration radier than secondary consideration. In the alternatives seclion, each altemative is analyzed for environmental impacts, including impacts to natural resources. The impact analysis for each alternative is u.se<l to determine whether the alternative is environmentally superior lo the projMised General Plan. Affordable housing is a consideration in determining die feasibility of the alternatives because the City must fulfill specific state affordable housing goals. The City is also responsible for accommodating ils share of regional growth and providing adequate housing to meet the growth. Response 7Q: Section 3.0 of the EIR contains a complele and consislent descripdon of the projecl analyzed in die EIR. The impact as.scssment in die EIR is based on buildout of the land use designations established by die General Plan. Table 3.5-1 provides a quantified comparison of existing and buildout development conditions. The inipact assessment in die EIR assumes dial maximum buildout will occur in 2010. The environmental impact analysis is based on change between development conditions existing in 1990 and buildout condilions in 2010. Many of the technical reports employed in the EIR rely on 1990 environmental conditions and this base year is consequently used throughout the EIR to provide a consislent analysis. Impacls are also consistently assessed for General Plan buildout at 2010 throughout the EIR. Potential impacts of General Plan implementation are adequately determined in the EIR based on the project description as described above. The EIR assesses die effect of General Plan buildout on infrastructure and public services in Section 5.12, Utilities and Public Services. The degree of specificity used to analyze impacts to utilities and public services corresponds to the programmatic nature of the General Plan. Programmatic mitigation measures are required to reduce potentially significant impacts to utilities and public services. Specific infrastructure and public service requirements to accommodate future growth are more appropriately addressed in infrastructure and public service master ptans that are based on General Plan buildout. Potentiat impacls lo specific resource areas are analyzed in the EIR rather than being part of the EIR projecl description. EIR Section 5.0 contains analyses of potential impacts lo specific resource areas pursuant to the CEQA Guidelines. Becau.sc the EIR project description is complete, there is no need to revise die projecl description or lo revise Uie environmental impact analysis in the EIR. 7R r- 79 71 7u r The DEIR's description of the project omits information that is key to an adequate evaluation of project-related and cumulative impacts. Specific information missing from the DEIR includes but is not limited to the following: Specific infrastructure reguirements including necessary roadway improvements and all other essential public services and facilities to support the permitted growth under the General Plan Update. Identification of the specific resource areas that could be impacted by the development permitted by the land use plan and policies. Each of these critical components of the project has the potential to create significant adverse environmental impacts not adequately analyzed in the DEIR. A revised project description containing the above-listed details must be developed and a revised EIR completed which considers the complete project description in its analysis of impacts. c. The EIR Fails to Adequately Analyze Proiect Impacts In judging the legal sufficiency of an EIR, the focus is on adequacy, completeness and a good faith effort at full disclosure. The document should provide a sufficient degree of analysis to allow decision-makers to make intelligent judgments. CEQA Guidelines section 15151. A numtjer of decisions have developed criteria for determining what constitutes a "reasonable" effort to analyze projects' potential impacts. Kings Countv Farm Bureau et al. v. citv of Hanford (1990) 221 Cal.App.3d 629 is particularly instructive on this point. That opinion emphasizes that an EIR must support with rigorous analysis an substantial evidence the conclusion that environmental impacts will be insignificant. The DEIR lacks such support for its conclusions. The DEIR concludes that all impacts except cumulative air quality and traffic will be less than significant. Yet, in almost every case, the DEIR lacks substantial evidence or even analysis to support these conclusions. Indeed, in some cases, the evidence points to exactly the opposite conclusion. A number of likely significant impacts do not appear on any summary tables or in the sumnary text. It is therefore unclear whether these impacts are insignificant, significant but mitigatable or significant and unavoidable. Such impacts include but are not limited to: growth inducing inpacts and numerous cumulative impacts. As noted above. Kings Countv Farm Bureau et al. v. Citv of Hanford suggests that reviewing courts will require agencies Res|xiii.sc 7R: Thc EIR contains dtorough inipact a.ssessments for die issue areas Uial were identified in die Initial Sludy. The degree of specificity usexl to assess impacts is directly related to die programmatic nature of die project and Uie EIR. The EIR presents sufficient evidence to support the conclusions about die significance of the programmatic impacts. S|)ecific significance diresholds are used to determine the significance of impacts identified for each environmental is.sue area. The significance diresholds used in die EIR are ba.sed on Supplementary Document G ("Signilicant Effects) and Supplementary Document J ("Archaeological Impacts) of die CEQA Guidelines, and die Cily of Carlsbad Growdi Management Plan. Where an identified impact meets or exceeds die significance tiireshold, the EIR concludes dial die General Plan will result in a significant impact. In specific, where die EIR identifies an impact to a significant resource, die EIR concludes dial die impact will be significant. Mitigation measures are required to reduce die significant impact to a less Uian significant level. Mitigation to less Uian significant can be achieved Uirough meUiods odier Uian prohibiting development of die site widi the significant resources. Response 7S: See Response 7R. Response 7T: The Final EIR has been revised to incorporate diis comment. Discussion has been added to Seclion 2.0, Executive Summary, to summarize potential growUi inducing impacts. Discussion summarizing potential cumulative impacts is already preseni in the EIR Executive Summary. In addition, Uie summary lable in Section 2.0 has been reformatted lo clearly show unavoidable significant impacts and significant impacts Uiat can be mitigated to less than significant. Response 7U: The EIR contains Uiorough impact assessments for Uie issue areas Uiat were identified in die Initial Study. The degree of specificity used to assess impacts is direcUy related to the programmatic nature of Uie projecl and die EIR. The EIR presents sufficient evidence to support Uie conclusions aboul the significance of the programmatic impacts. Specific significance diresholds are used to determine die significance of impacts identified for each environmental issue area. The significance Uire.sholds used in the EIR are based on Supplementary Document G ("Significant Effects) and Supplementary Document J ("Archaeological Impacts) of die CEQA Guidelines, and Uie City of Carlsbad Growlh Management Plan. Where an identified impact meets or exceeds die significance tiireshold, Uie EIR concludes dial the General Plan will result in a significant inipact. In sjiecific, where the EIR identifies an inipact lo a significant resource, the EIR concludes that die impact will be significant. Milicalioii measures are reqtiired to reduce die significant impact to a less dian significan! level. Mitigation to le.ss than significant can be achieved throtigh meditxls odier ili;ui pioliibiiiiig development of die site widi the significant resources. 7V 7W to produce rigorous analysis and concrete substantial evidence before upholding EIR determinations that project impacts are insignificant, at least where the impacts in question clearly are not minor or trivial. Further, in determining whether particular impacts are significant, the lead agency must look to CEQA Guidelines section 15065 (specifying impacts that must be considered significant) and Appendix G to the CEQA Guidelines (specifying impacts normally considered significant). This, quite simply, was not done in the DEIR. D. The DEIR Fails to Adequatelv Analyze Cumulative Impacts The cumulative impacts "analysis" is not an analysis at all. Rather it consists of brief and vague conclusory statements concerning possible cumulative impacts. This does not meet CEQA requirements. E. The DEIR Fails to Identify Feasible Mitiqation Measures 7X 7Y r The DEIR must address mitigation measures both for significant project-related and cumulative impacts. Mitigation measures included in the DEIR are inadequate for the following reasons: 1 . Many policy/mitigation measures call for additional studies or plans, or the development of implementation programs, which may not prove successful in reducing or ellninating project- related impacts. Many of these unproven measures -including plan policies - are relied upon to support conclusions that impacts will be insignificant. These unproven measures nust be subject to successful demonstration Etifir to reliance on them to reduce significant inpacts. Examples of such mitigation measures include but are not limited to open space and land use elenents policy C.2. 2. A major defect in the proposed General Plan Update is its lack of adequate implementation neasures. State law requires that such measures be Included in general plans. If adequate inplenentatlon neasures had been included in the Update, there would be less necessity for the DEIR to Include detailed mitigation neasures. In light of the Update's failure to include such neasures, it is critical to the adequacy of the DEIR to do so. F. The DEIR Fails to Adequately Analyze Alternatives The alternatives. DEIR nust analyze a This requirement is the reasonable range of •heart" of the DEIR. In Response 7V: Secdon 7.5 ofthe EIR contains a very thorough analysis of potential cumuladve impacts resulting from implementation of the Carlsbad General Plan and other planned developmenl in the region. Section 7.5 contains a comprehensive description of the City's approach to assessing cumulative impacts. The San Diego Association of Govemments (SANDAG) divides die County of San Diego into subregions, or Major Statistical Areas (MSAs). Carlsbad is located in die North County West MSA. Pursuant to die Section 15130 of die CEQA Guidelines, die City based die analysis on SANDAG Series 7 growdi projections for die North County West MSA. The SANDAG growth projections were augmented for die cumuladve impact analysis lo refiect lotal buildout of die Carlsbad General Plan. Potential cumulative impacts were assessed for each environmental issue area based on die augmented SANDAG Series 7 growdi projections for Uie North County Wesl MSA. The degree of specificity used to assess potential cumulative impacts is direcUy related to die programmatic nature of Uic EIR. The cumulative impact analysis acknowledges potential impacls lo sensitive biological resources, which encompasses coastal sage scrab habitat. The potential cumulative impacts lo biological resources can be reduced lo less Uian significant Uirough ongoing local and regional conservation efforts, federal regulation, and CEQA compliance. Response 7W: Neither CEQA or the CEQA Guidelines contain a provision that requires the Lead Agency to prove the success of the mitigation measures prior to requiring the measures to reduce significant impacts. As discus.sed in Response 7M, Uie EIR is a Program and Master EIR. As a Program and Master EIR, the document focuses on die potential adverse environmental impacts of policy recommendadons and secondary effects that may result from die long-range implementation of the updated Carlsbad General Plan. The degree of specificity used to analyze the potential adverse environmental impacts is related to the broad nature of the policy recommendations contained in the updated Carlsbad General Plan. Furthermore, the mitigation measures are appropriately programmatic in nature. Response 7X: The General Plan contains Implementing Policies and Programs to ensure attainment of the General Plan objectives and goals. The Implementing Policies and Programs range in specificity from generalized guidelines and principles to procedures and specific acdon programs. The Implementing Policies and Programs in the Carlsbad General Plan fulfill the state law requirements for implementation measures. Many ofthe General Plan Implementing Policies and Programs are identified in the EIR as mitigation measures. The utilization of die Implementing Policies and Programs as EIR niitigation measures will ensure dial the Implementing Policies and Programs are implemented to effectively reduce die eiivironmenUil impacts of planned developmenl. Res|X)iise 7Y: Four altematives to die proposed General Plan are identified in the EIR: No Project, Existing General Plan, Decreased Residential Development, and Density Transfer. The alternatives were developed to reduce die significant impacts of the proposed General Plan. The EIR specifically states that die alternatives, "were developed to reduce the significant air qualily and circulation impacts and to further reduce the other project impacts." Both the Decreased Residential Development and Density Transfer altematives are considered environmentally superior to the proposed General Plan. Affordable housing was an important consideration during Uie preparation of the updated General Plan. In reviewing die alternatives lo the General Plan, the City must carefiilly consider the effecis of Uie alternatives on future affordable housing opportunities to ensure the Cily meets state-mandated and regional housing goals. purporting to "analyze" a "reasonable range of alternatives," the DEIR has not adequately focused on options which could substantially lessen or avoid the significant environmental effects associated with the project as proposed. See Pub. Resources Code section 21002; CEQA Guidelines section 15126(d)(3). Instead, the various alternatives, viewed from an environmental perspetrtive, appear to have been developed as "straw man" _ alternatives, easily justified as infeasible. 7Z f- 7AA r~ 7BB The fact that the alternatives analysis falls short in serving its intended function also reflects the fact that the City has defined "project objectives" in a manner that virtually precludes serious consideration of other planning solutions. By linking the proposed project to the "objective" of accommodating growth including affordable housing, the DEIR artificially narrows the range of alternatives that could be considered "feasible". The DEIR's range of feasible alternatives is insufficient in at least the following respects: 1. None of the alternatives are the result of systematically addressing significant impacts of the project. In other words, the alternatives considered are not focused on eliminating identified impacts. The DEIR should include an alternative (or alternatives) which is focused specifically on reducing or eliminating significant impacts. Such an alternative would likely include a combination of the following: (a) reduced overall growth of jobs and housing which in turn would reduce air quality and traffic impacts; (b) retention of protective land use designations on agricultural lands, viewshed lands, and lands of high habitat value; (c) specific mechanisms for open space/agricultural land protection including regulatory and acquisition techniques; and other components and new or revised policies targeted at avoiding the significant impacts of the project. 2. The DEIR fails to discuss an off-site alternative which would acconunodate additional growth, if necessary, in the remainder of the County or region. The description and analysis of such an alternative is particularly critical since the DEIR proposes rejection ot environnentally superior alternatives on the basis that they do not accommodate growth. The DEIR should have evaluated environmentally suitable locations for projected growth other than those targeted by General Plan Update. Response 7Z: See Response 7Y. Response 7AA: See Response 7Y. Response 7BB: The analysis of an off-site alternative to die Carlsbad General Plan would be inappropriate and unreasonable. The policies and programs of the proposed project are specific lo die geographic context of die Cily of Carlsbad. Thc Cily of Carisbad does not have control over tfie distribution of fiitiire population growth in San Diego County. In addition, the City does not have the power to enforce land use plans within other jurisdictions. The City has a responsibility to addre.ss projected growth within ils jurisdiction and to establish an appropriale plan for dial growlh. The proposed General Plan is a rational effort to accommodate projecl growlh in Carlsbad while simultaneously protecting environmental qualily. 7CC 7DD 3 . DEIR should include an analysis of a reduc residential alternative. Such an alternati d reduce impacts to habitat, air quality a The non could reduce traffic. reduced ve nd 7EE [ Finally, most of the alternatives considered are not adequately evaluated. In short, the City DEIR has contrived "straw man" alternatives, complete with sufficient flaws to make the proposed General Plan Update appear to be a reasonable accommodation of competing interests. This tactic is transparent and must be corrected by the inclusion of fair alternatives and reasonable objectives in a revised DEIR. III. CONCLUSIOW For all of the foregoing reasons, we urge the City to refrain from drafting the Final EIR and instead correct the above- described deficiencies and recirculate a revised DEIR for public comment. Response 7CC: None ofthe alternatives involve reduced non-residential development (i.e., S|x;cifically commercial and industrial u.ses), because the City of Carlsbad feels a reduced non- residential development scenario is infeasible and iiiirealislic. A reduced non-residential development scenario is infeasible and unrealistic tiecause large portions of the Cily contain development constraints that restrict development to non-residential uses. McClettan-Patomar Airport is centrally located in die City, and consequently large areas of tand near the airport can only be used for non-residential uses. Because die airport generates potential public safety hazards, residential uses cannot be developed in large areas near the airpon. Development of odier areas in die City is restricted to non- residential development becau.sc die areas are already developed with non-residential devetopment. Furdiemiore, additional areas are entitled for non-residential development due to prior project approvals. Response 7DD: See Response 7Y. PROJECT FtmJRK Response 7EE: Based on the reasons stated in Respon-ses 7A through 7DD. the EIR is considered adequale and fulfills die requirements of CEQA and die CEQA Guidelines. Minor revisions will be made to die EIR pursuant to die commenls received during the public review period where appropriate. None of die revisions will change die impact conclusions of the EIR and there is no need to recirculate the EIR for pubtic review prior to certification as a Final EIR. p b7S D73 ^^4 Certified Mail Receipt No Insurance Coverage Provided Do not use for International Mail POSTAL S£RVK:E V-*^^ in^iv^ioc; Sent to John Blair - Carlsbad Unif street a tMo School DlSt 801 Pine Ave ed RO , State & ZIP Code Carlsbad CA 92008 Postage Special Delivery Fee Restricted Delivery Fee $ Return Receipt Showing to Whom & Date Delivered Return Receipt Showing to Whom. Date, & Address of Delivery TOTAL Postage & Fees $ Postmark or Date 02/02/94 % SENDER: 32 • Complete items 1 and/or 2 for additional services. • Complete items 3, and 4a & b. mcl) • Print your name and address on the reverse of this form so that we can ti return this card to you. 2 • Write "Return Receipt Requested" on the mailpiece below the article number. 4-, • The Return Receipt will show to whom the article was delivered and the date 2 does not permit. > • Attach this form to the front of the mailpiece, or on the back if space C delivered. -0 3. Article Addressed to: 6.1 John Blair 4b. Service Type CI Registered 0 Carlsbad Unified School Dist [2; Certified 801 Pine Ave 0 Express Mail Carlsbad, CA 92008 7. Date of Deliver / 8. Addressee's Address (Onl if requested cc and fee is paid) _he DOMESTIC RETURN RECEIPT I also wish to receive the following services (for an extra fee): 1. El Addressee's Address 2. CI Restricted Delivery Consult postmaster for fee. 4a. Article Number P 672 073 444 0 0 cc 5. Signature (Addressee) cc.. 6. Signature (Age t) _ ps Form 3811,es uecember 1991 U.S.G. a 1992-307-530 El Insured CI COD El Return Receipt for Merchandise City of Carlsbad Planning Department February 2, 1994 John Blair Carlsbad Unified School District 801 Pine Avenue Carlsbad, CA 92008 SUBJECT: COMPREHENSIVE UPDATE TO THE CARLSBAD GENERAL PLAN (GPA 94-01) RESPONSE TO COMMENTS ON THE ENVIRONMENTAL IMPACT REPORT (EIR 93-01) Thank you for the comments you offered to the City during the public review period of the Environmental Impact Report on the update of the General Plan. Attached to this letter, you will find a copy of the letter you submitted to our department and corresponding responses to your comments. Your letter and accompanying responses will be incorporated into the Final Environmental Impact Report which will be further discussed at public hearings before the Planning Commission and City Council. You are invited to further participate in the Update process by attending these meetings. The Planning Commission hearing is tentatively scheduled for March 2, 1994; the City Council meeting has not yet been scheduled. I would like to suggest that you contact me at (619) 438- 1161, extension 4451 later in February to confirm the Planning Commission date. Thank you again for participating in the Update of the General Plan. Public input is very important to the City and your comments are considered very valuable. Sincerely, ADRIENNE LANDERS Senior Planner Attachment 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619)438-1161 ^ Carlsbad Unified School District C.rl«l.«d. C«hlorni« 9200I1-2439 (619) 729 9291 FAX« (6191 729 9685 Wipre .-Ml Sliuleiitx l^arn E-Wellfinlly MEMO November 2, 1993 - ,i' To: Ms. Adrienne Landers, Cily Of Carlsbad Planning Department From: John Blair, Business Services, Cartsbad Unified School Distr(ct\ RE: Review of City of Carlsbad Draft General Plan and Draft Environmental Impact Reporl Response 6A: The City of Carlsbad docs inform Carlsbad Unified School District (CUSD) of new developmenl proposals early in the review process. When subject developmenl applications have been deemed complete, die City sends a copy of Ihe plans lo CUSD. In response to die comment about die Land Use Map, a General Plan Land Use Map is included in the EIR, (.see Map 3.5-2 in Section 3.0, Introduction). The map shows school sites pursuant to GPA/LU 89-3. The comment atxiut the Partes and Recreation Element is unrelated to the content of the EIR. The City may choose to incorporate diis commeni into the General Plan as appropriate during Ihe General Plan public hearing process for the General Plan. The public hearings will be held prior to adoption of the Final Generat Plan. 6A Carlsbad Unified School District (CUSD) has reviewed and has the following comments on the City of Carlsbad's draft Generat Plan and Environmental Impact Report. CARLSBAD GENERAL PLAN — 1. Land Use Element - see attachment for text insert area (page 21). The city should inform the school district regarding new development requests, as early in the review process as possible. There are many key planning and development decisions that are made prior to subdivision review. Local Facilities Management Plans, General Plan Amendments, Environmental Impact Reports, Master Plans and Site Development Plans are pre-subdivision considerationt in the land use review process which could provide valuable information to the district. Reviewing information at this stage in the planning process allows the district to initiate various state requirements in site selection analysis. Land Use Map The draft tand use map is not compteted at this time, therefore, there was no review of the proposed or existing school facilities. Thc district assumes fhe planning staff will show on the tand use map schools as approved by GPA/LU 89-3. Parks And Recreation Element - see attachment for Table 5 additions, (page 21, 22): Oneral Ran 4 EIR Comments November 3, 1993 6B [ 6C f- Several schools have been cl.issified uniJer "Sperifll Use Area " as providing specific recreation.ll facilities. The district has reviewed Table 5 confirming the uses agreed to by joint use agreements. There are a few uses that we believe should have some type of footnote descripiion, see attachment. ENVIRONMENTAL IMPACT REPORT 5.12 Utilities And Public Services 5.12.7 Education 1. 5.12.7.1 Environmenlai Setting Map 5.12.7-2 should be changed to show the appropriate school lype based on Ihe 1989 School Location Plan. 2. 5.12.7.3 Environmental Impacts - Paragraph Two - First Sentence "... Potential impacts to the school districts serving Carlsbad will ultimately be determined by the lolal number of residential development lhat occurs". In 1989, CUSD adopted a build out School Location Plan thaf was based on demographics of the Carlsbad Growth Management Program. The results were that school facilifies would be planned based on fhe city-quadrant building cap (worst case scenario). At that fime fhe inclusionary requirement for affordable housing was not adopted. This additional housing requirement must be under the quadrant building cap for lhe district's 1989 buildout projecfions fo accommodate students. If these inclusionary units yield a higher number of students per household, there witl bc additional school impacts nof currently analyzed - see nexl commeni. 6D 1— 3. 5.12.7.3 Environmental Impacts -Paragraph Two -Second Sentence "... , higher density affordable housing will generate larger number's of school aged children'. The student yield applied fo the 1989 buildout ptan did not take into account fhe number of affordable housing units recentiy added by cify ordinance. Currentty, CUSD is Response 6B: Map 5.12.7-2 has been revised in die Final EIR to .show die sciiool types identified in die 1989 School Localion Plan. Response 6C: The totiil number ofdwelling units al buildout of die General Plan, with the inclusionary requirement for affordable housing, will not exceed die quadrant caps established by the Carlsbad Growdi Managenient Program. This issue is discu.s.sed in EIR Section 5.6, Land Use. As stated in die EIR. The proposed Land Use Poticy C.3. allows density increases above die maximum residential densities permitted by die General Ptan to enable the development of affordable housing. This poticy is necessary to ensure that the Land Use Etement is consistent widi Program 3.7.a. (Density Bonus) and 3.7.i. (Mechanism for Granting Densiiy Increases) of the City's updated Housing Element (October 22, 1991)...The potential for Land Use Policy C.3. to increase the totat number of residential units projected widiin die City Uirough buildout is not anticipated. This conclusion is based upon die finding dial a numtier of residential projects have tx:en approved at a tower density than permitted by the General Ptan. All of the unused units avaitabte from this source have been deposited in what is referred to as die City's excess unil bank. Atl units within the excess unit bank are prioritized for die devetopment of affordable housing. There appears to be an adequate number of dwelling units within the excess unil bank for the Cily lo meel ils affordable housing obligations without exceeding the General Ptan residential buildout projections, no tand use impaci witl occur. The EIR specifically addresses die effect of the affordable housing policy on the Growth Management Plan caps: The affordable housing density increases, which would be allowed dirough Land Use Policy C.3., will not resutt in an increase in die total number of dwelling units permitted Uirough Uie City's Growtfi Management Ptan. Therefore, Uie policy is consistent with thc Growth Management Ptan. Fuhire growth under Uie Carisbad General Plan will be consistent widi die Growdi Management Plan, which was used by CUSD to prepare die 1989 School Location Ptan. As a resutt, the facilities identified in the CUSD School Location Plan will be adequale to accommodate future students. Response 6D: During UIC public review period for die Draft EIR, die Cily of Cartsbad housing planner submitted a comment tetter atxiut Uie EIR statement lhat, "higher density affordable Cenrral Plan <c EIR Commenls November 3, 1993 housing witl generate larger numlicrs of .school aged children." This letter is included in this section of die Final EIR as Comment 11. The letler indicates that the referenced EIR statement about student generation from tiiglier density affordable housing is not a factual statement. Siilistantial evidence in die letter indicates th.n die numtier of children per unit of affordable housing is not greater than simitar types of liousing the general population. The evidence presented in die letter has been incorporated in the Final EIR, and the schools section of the Final EIR has been revised to stale that affordable housing does not generate larger numbers of school aged children than similar types of housing for the general population. Based on the facts lhat affordable housing does not generate larger numbers of school aged children Uian similar lypes of housing for Uic general population, and lhal the affordable housing provision in die General Plan will not cause the total city-wide dwelling unil count to exceed die caps estabtistied by die Growth Management Plan (as discussed in Response 7C), die facilities identified in the CUSD Sciiool Localion Plan wilt accommodate die anticipated student population. The schools impact from General Plan implementation will be significant but die mitigation mea.sures identified in die EIR will reduce the impact to less lhan significant. trying lo establish a student yield or student generation rate for an affordable housing unit fype based on the new city ordinance. This varies on unit size and number of bedrooms, however, it is possible fhat thc student yield from a affordable housing unit could generate double the current yield. Therefore, CUSD is not able to agree, without further analysis, to the final sentence in paragraph Iwo that states "The ptanned schools arc projected to fully nccommotlale the number of utiuieiits nt buildout." Respon.se 6E: The EIR finding ofa significant, bul mitigable lo tess dian significant, schools inipact is appropriate. The supporting evidence for this conclusion is provided in Responses 6C and 6D. tn summary, fuiure growdi under Ihe Carlsbad General Plan will be consislent with die Growdi Management Plan, and die facilities identified in die CUSD School Location Plan will be adequate to accommodate future students. 6E r-5.12.7.4 Level Of Significance "Based on thc above analysis, impacls lo schools from implementation of the proposed General Plan will be significniti, but can bc mitif;ated to n level of less tlinii significant". CUSD's school location plan and projected facilities were not based on the analysis referenced to in the prior section. The city has adopted a new ordinance which could have significant impacts on affordable housing ordinance projections. General Plan t* EIR Comments Novrmher .1. 1903 /..l,V/U.V/:/://.\//-VV i. Carlsbad Unified School Distnct li. Encinitas Union Elonentaiy School District iii. San Dieguito Union High School District iv. San Marcos Unified School District. b. Existing school sites are designated on the Zoning Map as open space. In accordance with Ihe Public Education Code, Article 3, local agencies have the first right to purchase tuiphn school sites to keep them avail- able for playgrDund. playing fields, other outdoor recre- ational and opcn-space purposes, and low and modeiate inconie housing. The open space designation allows the City the option of ulilizing future surplus school sites for parks or open space purposes. c. School sites are also included in the Parks and Recreation Etement as park sites because the City has joint use agreements with the school districts to utilize some of their school playgrounds as recreation facilities. d. Because schools are included as park sites and parks are a subset ofopen space, schools are therefore, inventoried as a type ofopen space in Die Open Space and Consetvation Element. Although school sites have not been mapped on the City's Oflicial Open Space and Conservation Map, they are indicated on the Land Use Map. School kxations are determined by the appropri- ate school district and arc based on "service areas" for each school site within a district. Service areas are dcsignaled for each of the school localions based on generation factors, school sizes, and maximum travel distance. A substantial change in one school localion would necessitate revision of locations throughout lhat sciiool district. ^^f^ At tlie time of subdivision review for an area in nliich a "floating" school site is shown, the following procedures are necessary to dctenniiie the ultimate loca- tion ofthe school: I. The City must inform Ihe appropriate school district that a development application has been filed within the district. 2. ThcdistrictmustnolilStheCitywhcthcrornot it wants to initiate action to prtxccd uith acquisition ofa school site in the proposed subdivision. 3. ThedistrictmustnoiifytheCilywhclhcrornol it will be able to provide schools cither Ihrough existing or proposed facilities {commonlv called a "will-serve" let- ter). If the school district detemiines tlie "Iloating school site" is not necessary, thc school sile designation shall revert lo the adjacent land use designation. Note: If a school district determines lhat a specific sclwol site is no longer needed and declares it lo be a surplus site and if all eligible public entities decline to sell or lease Ihe property, the City upon request from the school district shall rczoiK the property consistent wilh applicable general and specific plam lo be compatible wilh the uses of property surrounding Ihe school sile (Government Code, 65152.9). 2. THE VILLAGE The Village, locaied in the "downtown" section of Carlsbad, has ticcn established as a redevelopment project area. A Redevelopment Master Plan with Imple- menting Strategics is currently being prepared to revise and update the present Village Design Guidelines Manual This ikxumeni will provide an overall development strat- egy to create a strong identity for thc Village, revitalize the area, enhance the economic potential of Ihe Village and establish specific sile developmenl standards The intern of Ihe master plan is to preserve Ihe village ctiaracter of thc area by creating a pedestrian scale environment of spe- cialty shops, services, and restaurants complemented by residential and mixed-use development The Redevelop- ment Master Plan should bc referred lo for more detailed information. Additional redevelopment project areas may lie established in other areas of thc City in the fiiture 3. COASTAL ZONE PROGRAMS In 1972, California voters approved Proposition LBEOA TAILZS USS IN UCXtATION AMAS tACi) or a (Xtss uss s c 0 0 t P r s T u S T c • • N r r H H S s I * L w r A 1 L w U u Y e t % N r 0 0 1 1 0 H A t A H t s C A 1 a L M N S o • t N w s X R U N t S e N s N Y H f T N N T u S . -c H 1 S f 0 s a / 1 1 M A 1 r 1 s r a 1 M e r 1 s I V C A 1 s S II T 1 a N C s L V r H c t r N I 0 u t T w i S H t > 1 I 0 A r 6 t u c 0 t t c 0 0 i c r L A II t M 0 II I r x A E 0 c A » t A r p u s T A r T A 0 T r t A T 0 X 1 X A • 1 C R u 1 R A U 0 s T N t x 0 N 0 D R • 0 I s L s K s 0 1 ( A G u S T M S I 1 v t II 0 0 M N S 1 N c T 1 M S R T S S c SD ST ' P L . •t . DEISTIM6 . au lODMnNUIOI ••ca BuruMonvuiTsaioaLPAM • .t-tsa -aiA "SO 1-nJ • tMOOM Bai8(TA«r SOOai PARI .SUA. ( ••- EDiCa UAXTCM MOWN tUA. ^ ' • EBca MI . . ,i:.e.. • >•• saia ran UMBfrAKT SCHOOL PARI JUA. :.J0' ( 5" I- SBca RNmoORQKm WSJl : + • • Qica no PVS rsu*: •r-x:-' •• nca ROfACr mM -WA. uaa ••• caiai swnscowiB '.'SIA / - « oma vAunrAncH •M. • • / • + TOTAI. OOSr SUA: 34.71 MZXXS 77 ^z^r^co If/ TAJUS uas n RsazATCN f*c£: OF I AILY. \vn CLASsnCAToa OAS uss ODM • - 11 s c 0 0 p p P s T M c T R S 0 a M P t H H S s SUA • SpnllkiMi 1. I w p A 1 L w u U T t E R N r 0 0 I 1 0 H A 9U -T| 1 n ll tmnmrm AM z A N ( s c A 1 R 1. U M S 0 r H w s ( R U N • -tmmt rtrittPf^m E s E H s N Y u P T N N T u S t H 1 S P 0 Kmn im s a / 1 1 u 1 A 1 p 1 s f a 1 N e r 1 s t V c A 1 M s S R T 1 0 K C s L V OWWDISHIF r H c E P N U P 1 0 u t T w • C H I 1 c • OqrOMii 1 1 0 A P C 1. U u c 0 E E t 0 0 a 2D • c p I A R R T a u 0 14 E P R A E 0 c ST -Saa A R E A P 1 p u S T A P T A 0 P Hi 0—< T p E A T 0 0 R 1 R A 1 1 C R u I • 1 R A U 0 u s T N K > 0 H 0 D R 0 E s L s t S C 1 X A C u S T r«quTTiwnT N s E N 1 T R i • Cm^naitPadkr E c R C N 1 T •I • l%R«ii R T 0 C N S - •, i.' V s 0 C E M • BBS IMS.BtOALUa I NW aUDU VBTA aaONTARY SC3S Mt -SUA ."SO. : • 1 NW CAMNCM . SUA,. '«t. • • M S NW CUOOtlMTIT ..SUA'. 4 NW CA«UM MCH SQiaQL TDim icDum . WlJ* SUA •1 * S NW OUSflBS SUA' : • / « NW 01X2 ns> AUA imK. / >. * r NW NARBOM snifcr aatoAmfTT OKia •au*. •ie.. I + • NW iJimiSCH BBOMTAar SQKX LPARK • SUA • SD • I * •Acoon PARB AHD aaotZATioNOOuMBaQNMnQNOM JULY 1^ ino /»«/4.-»**i^* CITY OF CARLSBAD SCHOOL SITE LOCATION/STATUS LEGEND ExIilIng Proposad • o ELEMENTARY • • JUNIOR HIGH A A HIGH SCHOOL MAPS. 5.12.7-3 P LVE! 073 MMS Cfertified Mail Receipt ^^^Mr^ No Insurance Coverage Provided ^JU^j; Do not use for International Mail pSfsTJJS (See Reverse) Sent 10 Patrick Murphy street 8. No 505 S Vulcaii Ave City of Encinitas RO . Slale S ZIP Code Encinitas CA 92024 Postage $ Certified Fee Special Delivery Fee Restrided Delivery Fee Return Receipt Showing to Whom & Date Delivered Return Receipt Showing to Whom, Date, & Address of Delivery TOTAL Postage & Fees $ Postmark or Date 02/02/94 Return Receipt Service. °I 3• 1 °I I- SENDER: • Complete items 1 and/or 2 for additional services. • Complete items 3, and 4a & b. • Print your name and address on the reverse of this form so that we can return this card to you. • Attach this form to the front of the mailpiece, or on the back if space does not permit. • Write "Return Receipt Requested" on the mailpiece below the article number • The Return Receipt will show to whom the article was delivered and the date delivered. 3. Article Addressed to: 4a. Artcle Number P 672 073 445 Patrick Murphy Community Development Director City of Encintas 505 S Vulcan Ave Encinitas CA 92024 7. Date of Delivery 5. Signature (Addressee) 6. Signatur —(Agent) PS Form 3811, Decembe 1991 * U.S.G.P.O. :1992-307-530 DOMESTIC RETURN RECEIPT 4b. Service Type CI Registered CI Insured Certified CI COD R CI Express Mail Eieturn Receipt for Merchandise I also wish to receive the following services (for an extra fee): I. El Addressee's Address 2. CI Restricted Delivery Consult postmaster for fee. o 0 > 8. Addres e's Address (Only if requested .% and fee is paid) c a .c I— City of Carlsbad PIsnning Department February 2, 1994 Patrick Murphy Community Development Director City of Encinatas 505 S Vulcan Avenue Encinitas, CA 92024 SUBJECT: COMPREHENSIVE UPDATE TO THE CARLSBAD GENERAL PLAN (GPA 94-01) RESPONSE TO COMMENTS ON THE ENVIRONMENTAL IMPACT REPORT (EIR 93-01) Thank you for the comments you offered to the City during the public review period of the Environmental Impact Report on the update of the General Plan. Attached to this letter, you will find a copy of the letter you submitted to our department and corresponding responses to your comments. Your letter and accompanying responses will be incorporated into the Final Envirormiental Impact Report which will be further discussed at public hearings before the Planning Commission and City Council. You are invited to further participate in the Update process by attending these meetings. The Planning Commission hearing is tentatively scheduled for March 2, 1994; the City Council meeting has not yet been scheduled. I would like to suggest that you contact me at (619) 438- 1161, extension 4451 later in February to confirm the Planning Commission date. Thank you again for participating in the Update of the General Plan. Public input is very important to the City and your comments are considered very valuable. Sincerely, ADRIENNE LANDERS Senior Planner Attachment 2075 Las Palmas Drive • Carlsbatd, California 92009-1576 • (619)438-1161 City of Encinitas Response 5A: The traffic forecasts used in the EIR were generated by SANDAG. The trip generation figures used to calculate the forecasts are based on tlie 1990 SANDAG Brief Guide of Vehicular Traffic Generation Rates for the San Diego Region. 5A November 3, 1993 Mike Holzniiller, Planning Director CHy of Cartsbad 2075 Las Palmas Drive Carisbad, Ca. 92009-1576 Dear Mr. Holzmiller, The City of Encinitas appreciates the opportunity to comment on the City of Carlsbad's draft General Plan Update and corresponding draft Environmental Impact Report (dEIR). Staff has reviewed the two documents in relationship to impacts to Encinitas. We would like to provide the following comments on the dEIR and General Plan: 1. 5B r 2. [ 50 r 3 The City Is concemed about the trip generation figures used to caltxilate 2010 traffic vohimes on Olhrenhain Road atid Rancho Santa Fe Road, north of Olivenhain Road. The City of Endnitas' traffic model indicates traffic volumes on these roadways to be well in excess of the ADTs noted in Cartsbad's dEIR. What trip generation factors were used in calculating 2010 volumes on these roadways, and are they consistent with or different from SANDAG, fTE, and other commonly used factors? Based on Ctty of Cartsbad's projected volunnes on C^hrantiain Road arxj Rancho Santa Fe Road, it appears that the tand use assumptions for existing and future development in ttie surrounding areas is underestimated. For example, were the Home Depot! development and the development of Encinitas Ranch included? The dEIR 'indicates that circulation element roadways have adequate capacity to handle build-out traffic volumes. The City of Encinitas has identified both Olivenhain Road and Rancfio Santa Fe Road as having capacity problems at build- out. Response 5B: The land use assumptions used in the Carlsbad Traffic Model are based upon information provided to SANDAG by all cities, including the City of Encinitas, regarding their anticipated land uses. Each city is responsibte for providing SANDAG with updated tand use assumptions for property wilhin its jurisdiction. The City of Carlsbad does not have the authority to change any land use assumptions oulside of its jurisdiction. If the City of Encinitas provided SANDAG with land use infonnation that that anticipated Ihe Home Depot and Encinitas Ranch projects, then those developments were included in die "surrounding area" traffic assumptions for the Carlsbad Traffic Model. Response 5C: The traffic analysis in the EIR is based on a comprehensive traffic modeling and phasing study prepared by SANDAG. The SANDAG study is based on Iniildout of the Generat Ptan land uses. The traffic analysis indicates that implementation of the Circulation Element of the Generat Plan wilt provide adequate roadway capaciiy for anticipated traffic volumes. Both the traffic analysis and the Circulation Element indicate that improvements to Olivenhain Road and Rancho Santa Fe Road will ht required to maintain acceptable levels of service. Once the improvements are constnicted, both roadways will have adequate capacity to accommodate buildout traffic. Response 5D: The City agrees lhat it has jurisdiction over development and related trafTic lhat could impact the operation of intersections. Through the City's Growth Management Plan, all proposed projects will be assessed for potential impacts to traffic, including intersection operation. Mitigation measures will be required for projects that significantly impact intersection operation. 5D r~ 4. In the dEIR, It is noted that 20 intersections will be severely impacted by regional through traffic over wfiich the City of Carisbad has no jurisdictional control. Carisbad may not have jurisdictional control over through traffic; fiowever, the City does have confrol over development within the City limits, which contribirtes fo projected intersection impacts/problems. 5E [ 5. The intersection at ta Costa Avenue and Rancho Santa Fe Road was not identified as having severe impacts at build-out. Based on projected traffic volumes, Encinitas has projected this intersection will be at LOS D+ at build-out. If you have any questions regarding these comments, feel free to contact me at 633-2680. Sincerely, lent Director Response 5E: According to tlie Carlsbad traffic analysis, the intersection of U Costa Avenue and Rancho SanU Fe Road will not experience impacts if the improvements identified in the Circulation Etemeiil are constructed. Ft. b75, 073 4MLi Certified IVIail Receipt No Insurance Coverage ProvidecJ Do not use for International Mail o o 00 m Bill Dillon, Dept of Transp Slreel & No PO Box 85406 RO , Slale & ZIP Code San Diego CA 92186-5406 Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered Return Receipt Showing to Whom, Date, & Address of Delivery TOTAL Postage & Fees $ $ Postmark or Date 02/02/94 Return Receipt Service. (7) 3 7. Date of Deily 8. Address e's Ad ress ( y if requested _v and fee is paid) .c SENDER: • Complete items 1 and/or 2 for additional services. • Complete items 3, and 4a & b. • Print your name and address on the reverse of this form so that we can return this card to you. • Attach this form to the front of the mailpiece, or on the back if space does not permit. • Write "Return Receipt Requested" on the mailpiece below the article number. • The Return Receipt will show to whom the article was delivered and the date delivered. 3. Article Addressed to: 4a. Article Number P 672 073 446 Bill Dillon Planning Studies Branch Dept of Transportation Dist 11 PO Bon 89406 San D'_fge CA0092186-5406 5. Sig ature lAiddress c).1 (5) rt IN 6. Sigrth,y4Age 8 0 0 UJ 1,0 I also wish to receive the following services (for an extra fee): 1. El Addressee's Address 2. C7 Restricted Delivery Consult postmaster for fee. 4b. Service Type LI Registered El Certified El Express Mail 0 Insured El COD El Return Receipt for erchandise PS Form 3811, December 1991 U .S .G .P .0 : 1992-307-530 DOMESTIC RETURN RECEIPT City of Carlsbad Planning Department February 2, 1994 Bill Dillon Planning Studies Branch Department of Transportation District 11 PO Box 85406 San Diego, CA 92186-5406 SUBJECT: COMPREHENSIVE UPDATE TO THE CARLSBAD GENERAL PLAN (GPA 94-01) RESPONSE TO COMMENTS ON THE ENVIRONMENTAL IMPACT REPORT (EIR 93-01) Thank you for the comments you offered to the City during the public review period of the Environmental Impact Report on the update of the General Plan. Attached to this letter, you will find a copy of the letter you submitted to our department and corresponding responses to your comments. Your letter and accompanying responses will be incorporated into the Final Environmental Impact Report which will be further discussed at public hearings before the Planning Commission and City Council. You are invited to further participate in the Update process by attending these meetings. The Planning Commission hearing is tentatively scheduled for March 2, 1994; the City Council meeting has not yet been scheduled. I would like to suggest that you contact me at (619) 438- 1161, extension 4451 later in February to confirm the Planning Commission date. Thank you again for participating in the Update of the General Plan. Public input is very important to the City and your comments are considered very valuable. Sincerely, ADRIENNE LANDERS Senior Planner Attachment 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161 Sr«TE OF CALIFORNIA • BUSINESS. TRANSPOniATION ANO MOUSING AGENCY PETE WILSON, GovSTOl DEPARTMENT OF TRANSPORTATION DISTRICT 11, P.O OOX «M06. SAN DIEGO. 92186-5406 (619) 6M-M24 TOO Nun*«f (619(689-6002 November 4, 1993 11-SD-005, 078 VAR-Carisbad Ms. Adrienne Landers City of Carisbad Planning Department 2075 Las Palmas Drive Carisbad, CA 92009-1576 Dear Ms. Landers: Screencheck DEIR for the General Update - SCH 93091080 Caltrans District 11 comments are enclosed (2 pages). Our contact person for Interstate 5 is Roger Cartin, Project Engineer, Project Development Branch N-3, (619) 688-6963. For infonnation on State Route 78, contact Cynthia Feaver, Project Engineer, Projecf Development Branch N-2, (619) 688-3208. Sincerel BILL DILLON, Chief Planning Studies Branch Enclosures BD/MO:vc Response 4A: The Final EIR has hccn revised to address impacts to the interchange ramp termini intersections and l-.S and SR 78 freeway segments within the limits of die City. The new discussion incorporaied in tlte Circulation section of tlte Final EIR is summarized lielow: F.om DCPAHTMENT OF TtANSPOIITATION Project Development North Sub)«l: REVIEW OF SCREENCHECK EIR - CITY OF CARLSBAD GENERAL PLAN UPDATE V<e have reviewed the Screenckeck Draft EIR for the City oE Carlsbad General Plan Update. We have concentrated our review to the traffic circulation and noise impacts of the proposed general plan updates on Interstate 5. We have following comments: TRAFFIC: 4A 4B [ 40 4D Page 5.7-3/4 and 11: The existing and proposed conditions should include lane configurations and traffic volumes for 1-5 and SR 78. Page 5.7-5 and Appendix F - Page 1-2: Intersections analyzed in the Growth Management Plan should include all interchange ramp termini intersections and 1-5 freeway segments within the limits of the General Plan. Impacts to 1-5 and SR 78 interchanges and mainlane segments, as a result of the proposed General Plan updates, should be addressed with an equal level of detail to other General Plan segments. The City may be retjuired to mitigate for traffic impacts to facilities outside of their jurisdiction. It is applicable to assume that existing improvements include those which are funded, programmed in an approved RTIP, and are currently being developed. Page 5.7-12: Peak period volumes and level-of-service calculations should be included for all intersections which are impacted as part of the proposed General Plan update. This may include interchanges along 1-5 which are outside of the City of Carlsbad's jurisdiction. A phasing plan should be developed to insure that proposed interchange and local street improvements are completed prior to development generated traffic creating or intensifying capacity problems on 1-5 or at the existing interchanges. This phasing plan should include coordination with the planned locally funded interchange projects along 1-5. 1. liifornialion lias been added about existing ramp intersection and freeway segment volumes. Existing congestion problems on interchanges and freeway segments froni regional traffic are discussed. 2. The impact analysis has been expanded to address how planned devetopment in Cartsbad witt generate additional freeway trips that could significaiilly inipact ttie operations of interchanges and freeway segments witliin the City of Carlsbad. The discu.ssion is concluded witli a statement tliat die significant inipact can bc mitigated to less than significant by continued participation in regional transportation programs and coordination witli Caltrans. 3. An additional mitigation measures has been added to the Circulation section of the Final EIR. The measure indicates that the City witl coordinate witli Caltrans as development proceeds and Caltrans fiinds tiecome availabte to ensure tlial tlie capacity of the interchanges and freeway segments are adequate. City staff wilt recommend that a corresponding policy be added to the Final General Plan. Response 4B: See Response 4A. Response 4C: The traffic study includes alt major intersections within die City of Caristiad. A total of 60 intersections are included in the traffic study. Intersection analyses were conducted for die preparation of the Circulation Implementation Program and Traffic Impact Fee Study. These documents are included in Appendix G of the EIR. The supporting data, including intersection volume and level-of-service calculations, are availabte to review at Ihe City of Cartsbad Engineering Department. The Circulation section of the Final EIR has been revised to indicate the availability of the trafiic data. See Response 4A for a response to the comment about freeway interchanges. Response 4D: The City of Carlsbad has programs in place to ensure proper phasing of circulation improvements for roadways within the City's Jurisdiction. According to the Draft Generat Ptan. the guiding theme for the construction of the circulation element infrastructure is the provision of facilities prior or concurrent witli die need for such facilities. To this end, the City lias established llie Growlh Inanagement Program, the Capital Improvement Program, and a development exaction program consisting of public facility impact fees and direcl construction of public road and utility improvements by developers. The Growth Management Program establishes minimum standards for the provision of basic pubtic infrastmcture including circulation element roads. In addition. Ihe Growth Management program requires the preparation of Local Facilities Managenient Plans to ensure that the public facility standards are met dirough buildout for each of Uie 25 local facility zones. For the most part, roads will lie constructed as a condition of development activity in accordance widi the dictates of the Growdi Management Program. Where a particular facility exceeds the financial capability of any one developer or the need for the facility cannot be attributed to a single development, the City has established facility impact fees to generate the revenues needed to finance construction of those facilities. These impact fees combined with direct developer construction activities witt assure completion of the majority of the circulation element network. The remaining portion of the networic for which Ihe need is not attributable to future devetopment must be financed through other tocal, regional, and federat funding sources. Timing for the construction of the missing circulation element tinlcs is. for the most part, a fiinction of devetopment activity. For those facilities financed through facility impact fees or other funding sources, the City prepares a Capital Improvement Program (CIP) on a yearly basis. The CIP establishes the construction program for the next year and also outlines the five year and buildout improvements needed for the City. The CIP must balance the availability of revenues with the various competing needs for public facility constniction. Taken as a whole, the Capital Improvement Program, Growth Management Program, and development exaction program will assure timely completion of the circulation element facilities as needed by the residents of Cartsbad and surrounding communities. Response 4E: Comment noted. 4E 4F NOISE: 4G X6963. Caltrans supports the concept of "fair share contributions" on part of the developers toward present and future mitigation within the 1-5 corridor. The noise studies and mitigation proposed zone changes and future to 1-5 should meet federal requi based on 20 year traffic project freeway configurations on 1-5 (a 1990 Route Concept Report). Fut be based on federal requirements developments based on federal st require additional noise mitigat improvements are constructed. s associated with the development adjacent rements and should be ions and the ultimate s outlined in the July ure 1-5 projects will and proposed andards should not ion when the freeway • Page 3.0-9: We would recommend that the requirement for federal level noise studies be amended into the City's noise element. If you have any questions, please contact Roger Carlin at T. E. Allison Project Manager Project Development North Response 4F The noise projections for buildout consider ftilure traffic volumes on regional transportation corridors. The City's noise standard for exierior highway noise is 60 dBA CNEL for residential u.ses which is comparable to die federal standard, (see Response 9A). The interior noise level standard is 4,'i dBA CNEL. The noise impact assessment and mitigation program is based on Uie.se standards. Projects proposed near transportation corridors must be designed to ensure dial interior noise levels wilt meet the City's noise standards in fuiure years when traffic and asstKiated noise levels increase. Additional noise mitigation should not tie required when freeway improvements are constructed, but Uie specific design of the freeway improvements wilt tie used to determine wtiether additional noise niitigation is necessary. Response 4G: The City's noise standards are stricter than the federal standards. As a resutt, there is no need to add a requirement for federal level noise studies lo Uie General Ptan Noise Etement. The City will request Caltrans to perform a noise study for 1-5 widening/improvements when Uiey are designed. RJC:rjc cc:JHaven\TEAllison\RJCarlin' CSavage\CFeaver p t,75 073 ^^7 Certified Mail Receipt No Insurance Coverage Provided ^ Do not use for International Mail .SSPI^Sg (See Reverse) Sent to Deborah L. Herrman street & No 1416 9th St Rm 131 RO , Slate & ZIP Code Sacramento CA 95814 Postage $ Certitied Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Wtiom & Date Delivered Return Receipt Showing to Whom, Date, & Address of Delivery TOTAL Postage & Fees $ Postmark or Date 02/02/94 I also wish to receive the following services (for an extra fee): 1. El Addressee's Address 2. CI Restricted Delivery Consult postmaster for fee. a; .0 4b. Service Type Ci Registered Ci Insured CC EN Certified El COD El Express Mail El Return Receipt for Merchandise 7 Dater 11)3elivery. 194 F 3811, December 1991 * U.S.G.P.O. : 1992-307-530 DOMESTIC RETURN RECEIPT ce 5. Signature (Addressee) LLJ CC 0 a) • PS 8 Addressee's Address (Only if requested and fee is paid) .c I^ 71; SENDER: :2• Complete items 1 and/or 2 for additional services. 0 • Complete items 3, and 4a & b. (T, • Print your name and address on the reverse of this form so that we can a) > Attach this form to the front of the mailpiece, or on the back if space return this card to you. does not permit. • Write ''Return Receipt Requested" on the mailpiece below the article number. •-• • The Return Receipt will show to whom the article was delivered and the date C delivered. 0 -0 3. Article Addressed a) Deborah L. H=man 0. Environmental Program Coordinate The Resources Agency of CA 1416 9th St Em 131 Sacramento CA 95014 to: 4a Article Number P 672 07' 447 City of Carlsbad Planning Departnnent February 2, 1994 Deborah L. Herrman Environmental Program Coordinator The Resources Agency of Calfiornia 1416 9th Street, Room 131 Sacramento, CA 95814 SUBJECT: COMPREHENSIVE UPDATE TO THE CARLSBAD GENERAL PLAN (GPA 94-01) RESPONSE TO COMMENTS ON THE ENVIRONMENTAL IMPACT REPORT (EIR 93-01) Thank you for the comments you offered to the City during the public review period of the Environmental Impact Report on the update of the General Plan. Attached to this letter, you will find a copy of the letter you submitted to our department and corresponding responses to your comments. Your letter and accompanying responses will be incorporated into the Final Environmental Impact Report which will be further discussed at public hearings before the Planning Commission and City Council. You are invited to further participate in the Update process by attending these meetings. The Planning Commission hearing is tentatively scheduled for March 2, 1994; the City Council meeting has not yet been scheduled. I would like to suggest that you contact me at (619) 438- 1161, extension 4451 later in February to confirm the Planning Commission date. Thank you again for participating in the Update of the General Plan. Public input is very important to the City and your comments are considered very valuable. Sincerely, ADRIENNE LANDERS Senior Planner Attachment 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161 state of California MEMORANDUM THE ItESOORCES AGENCY OF CALIFORNIA Date: November 5, 199 3 3A 3B To: Mr. Douglas P. Wheeler Secretary for Resources Ms. Adrienne Landers City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 From: Dapartmant of Consarvatioa Offlca of Govarnmantal and Environmental Relations Subject: Draft Environmental Impact Report (DEIR) for the Comprehensive update of Carlsbad General Plan. SCH 193091080 The Department of Conservation has reviewed the City of Carlsbad's DEIR for the project referenced above. The Department is responsible for monitoring farmland conversion on a statewide basis and also administers the California Land Conservation (Williamson) Act. Since future development of the General Plan area could have environmental impacts on prime agricultural and Williamson Act contracted lands, the Department offers the following comments. The Final Environmental Impact Report (FEIR) should provide information on the number of prime acres of agricultural land to be developed, and data on the gross value of agricultural commodities produced on agricultural land within the City, and on adjacent land planned for conversion to urban uses upon "buildout" by the year 2010. Specifically, we recommend that the FEIR contain the following information to ensure the adequate assessment of impacts in these areas. ~ o The agricultural character of the planning area, including; A map which Identifies the location of agricultural preserves, and Williamson Act contracts and the number of acres and type of land in each preserve (i.e., prime/non-prime). Types and relative yields of crops grown. Agricultural potential of the area's soils, as defined by the Department ot Conservation's Important Farmland series map designations. o The impacts on Williamson Act contracted land in the General Plan area should be assessed, and the following information included: A general overview of the Williamson Act program, including a discussion of the specific findings and Response 3A: Agricultural lands are addressed in EIR Section 5.13, Natural Resources. The description of existing agricultural lands has been expanded in die Final EIR to address agricultural preserves, Williamson Act coniracts. and crop lypes in each preserve. To adequately address existing important farmland. Farmland of Statewide lni|Minance is discussed in addition to Prime Farmland. Response 3B: The Williamson Act program is discussed in Uie Final EIR. Conditions for die cancellation of contracts are included and potential impacts to contract preserves are assessed. Mr. Wheeler and Ms. November 4, 1993 Paqe Two Landers 3C 3D subfindings (Government Code Section 51282) that must be made by the Board ot Supervisors in order for Williamson Act contracts to be canceled. As a general rule, land can be withdrawn from Williamson Act contract only through the nine-year nonrenewal process. Cancellation is reserved for "extraordinary" situations (See Sierra Club v.Citv of Hayward (1981) 28 Cal.3d 840, 852-855). Cancellation must be based on specific findings that are supported by substantial evidence. A discussion of the effects that termination of Williamson Act contracts would have on nearby properties also under contract. It should also be noted that Government Code Section 51284 states that no contract may be canceled until after the City has given notice of, and has held, a public hearing on the matter. Notice of the hearing, and a copy of the landowner's petition for cancellation, must be mailed to the Director of the Department of Conservation prior to the hearing on tentative cancellation. While a number of mitigation measures have been identified in the DEIR to lessen farmland conversion impacts, some additional possibilities are: - Directing urban growth to lower quality soils in order to protect prime agricultural land. Increasing densities or clustering residential units to allow a greater portion of proposed development sites to remain in agricultural production. The Department appreciates the opportunity to comment on the DEIR. We hope that the additional agricultural and Williamson Act information suggested will be incorporated into the Final Environmental Impact Report for the City's General Plan Update. If I can be of further assistance, please feel free to call me at (916) 455-8733. Deborah L. Herrmann Environmental Program Coordinator cc: Kenneth E. Trott Office of Land Conservation Palomar-Ramona-Julian Resource Conservation District Response 3C: This information about the cancellalion of Williamson Acl contracts has been incorporated into the Final EIR. Response 3D: The following General Plan implenienling policy has been added to Final EIR to funher miligate impacts to agricultural lands: Encourage clustering when it is done in a way Uial is compatible wiUi existing, adjacent development. (Land U.se Element. Overall Land U.se Patlern, C 4 ) In the Final EIR, the mitigation measure has liecn clarified as follows: Encourage clustering of development to retluce environmental impacts when it is done in a way Uiat is compatible with existing, adjacent development. City staff will recommend revising corresponding policy in the General Plan to reflect the change in Uie niitigation measure. p ,i^7E p73 ^^B -Certified Mail Receipt No Insurance Coverage Provided Do not use lor International Mail (See Reverse) Sent to States Lands Commission street S No 1807 13 St PO , state & ZIP Code Sacramento CA 95814-7187 Postage $ Certified Fee Speciai Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered Return Receipt Showing to Whom, Dale, & Address of Detivery TOTAL Postage Sl Fees $ Postmark or Date 02/02/94 % SENDER: :a • Complete items 1 and/or 2 for additional services. fn • Complete items 3, and 4a & b. (I) • Print your name and address on the reverse of this form so that we can 4-) return this card to you. > • Attach this form to the front of the mailpiece, or on the back if space f.." does not permit. • • Write "Return Receipt Requested" on the mailpiece below the article number .0 • The Return Receipt will show to whom the article was delivered and the date C delivered. 0 States Lands Commission Executive Office 1807 13th ST Sacramento CA 95814-7187 7. Date of Delivery I also wish to receive the following services (for an extra fee): 1. El Addressee's Address 2. CI Restricted Delivery Consult postmaster for fee. 3. Article Addressed to: 4a. Art.cle Number P 672 073 448 4b. Service Type CI Registered LI Insured M Certified D COD LI Express Mail CI Return Receipt for Merchandise 5. Signature (Addressee) FEB 0 4 19941 8. Addressee's Address (Only i requested and fee is paid) .c cC 6. Si,c7 -,ture (AgenV a --/) ca • PS Form 3811, December 1991 * U.S.G.P.O. : 1992-307-530 DOMESTIC RETURN RECEIPT City of Carlsbad PIsnning Depsrtment February 2, 1994 State Lands Commission Executive Office 1807 13th Street Sacramento, CA 95814-7187 SUBJECT: COMPREHENSIVE UPDATE TO THE CARLSBAD GENERAL PLAN (GPA 94-01) RESPONSE TO COMMENTS ON THE ENVIRONMENTAL IMPACT REPORT (EIR 93-01) Thank you for the comments you offered to the City during the public review period of the Environmental Impact Report on the update of the General Plan. Attached to this letter, you will find a copy of the letter you submitted to our department and corresponding responses to your comments. Your letter and accompanying responses will be incorporated into the Final Environmental Impact Report which will be further discussed at public hearings before the Planning Commission and City Council. You are invited to further participate in the Update process by attending these meetings. The Planning Commission hearing is tentatively scheduled for March 2, 1994; the City Council meeting has not yet been scheduled. I would like to suggest that you contact me at (619) 438- 1161, extension 4451 later in February to confirm the Planning Commission date. Thank you again for participating in the Update of the General Plan. Public input is very important to the City and your comments are considered very valuable. Sincerely, ADRIENNE LANDERS Senior Planner Attachment 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619)438-1161 ^ StAIt OF CAltFOBNIA PETE WILSON. GowfKK STATE LANDS COMMISSION EXCCUTIVE OFFICE 1S07- 13thSli«M SacramMto. CA 9B814-7187 i"'."'"""^ '.';''''*"'"'''""™' sL°.Lln'.tcnB.i4-7,«7 2A Response: GRAY DAVIS. Controller THOMAS W HAYES. Dirttctor o* finance CHARLES WARREN ExAcutiv* Offlcvr 2A Comment noted. EK«cutiv« Offlcvr October 20, 1993 File Ref.: SCH 93091080 William G. Shafroth Assistant Secretary Land and Coastal Resources • ' ^ ••. 1416 Ninth Street Sacramento CA 95814 Attention: Nadel Gayou Adrienne Landers City of Carlsbad 2075 Las Palmas Drive Carlsbad CA 92009 Dear Mr. Shafroth and Ms. Landers: SUBJECrr: Draft Environmental Impact Report (EIR) for the City of Carisbad General Plan Update, SCH 93091080 Staff of the State Lands Commission (SLC) has reviewed the subject document Under the Califomia Environmental Quality Act (CEQA), the City is the Uad Agency and the SLC is a Responsible and/or Trustee Agency for any and att projects which could directly or indirectty affect sovereign lands, their accompanying Public Trust resources or uses, and Uie navigational easement. The SLC has jurisdiction and authority over att ungranied tidelands, submerged lands, and Ihe beds of navigable rivers, sloughs, lakes, etc. All tide and submerged lands granted or ungranied, as wetl as navigable rivers, sloughs, etc., are impressed with the Common Law Public Trust. The Pubtic Trust is a sovereign public property right held by the State or its delegated trustee for the benefit of all the people. This right limits the uses of these lands to waterborne commerce, navigation, fisheries, open space, recreation or other I—recognized Public Trust purposes. 2B 20 William G. Shafroth Adrienne Landers October 20, 1993 Page Two The general plan area includes, but is not limited lo, Ihe following walerways all or poriions of which are under the jurisdiction of the SLC: the Pacific Ocean; Buena Vista, Agua Hedionda and Batiquitos lagoons. The SLC has a legal responsibility for, and a strong interest in, protecting the ecological and Public Trust values associated with the State's sovereign lands, including the use of these lands for habitat preservation, open space, public access, and recreation. Due to budget constraints and resultant staff losses, we are not submitting substantive comments in respon.sc to the subject document at this time. The SLC reserves the right to require a lease or permit for the use of any lands in the plan area — under its jurisdiction. These comments are not intended, nor shall they be construed, as a waiver or . limitation of any right, title, or interest of the State in any lands under its jurisdiction. If you have any questions, please contact Curtis L. Fossum, Senior Staff Counsel, Southern California Region, at (916) 445-7738. Sincerely, 2B Response: Section 5.6, L.and U.se, of Uie Final EIR has tiecn revised to acknowledge the State Land Commission's jurisdiction for die Pacific Ocean and Uie Buena Vista, Agua Hediohda and Batiquitos Lagoons. The Final EIR indicales dial the SLC reserves the right to require a lease or perniit for Uie use of any lands in die plan area under its jurisdiction. Response 2C: Comment noted. MARYIGRIGGS' Environmental Services Section Division of Environmental Planning and Management Dwight E. Sanders Curtis L Fossum OPR City of Carlsbad Planning Departnnent February 2, 1994 Deborah L. Herrman Environmental Program Coordinator The Resources Agency of Calfiornia 1416 9th Street, Room 131 Sacramento, CA 95814 SUBJECT: COMPREHENSIVE UPDATE TO THE CARLSBAD GENERAL PLAN (GPA 94-01) RESPONSE TO COMMENTS ON THE ENVIRONMENTAL IMPACT REPORT (EIR 93-01) Thank you for the comments you offered to the City during the public review period of the Environmental Impact Report on the update of the General Plan. Attached to this letter, you will find a copy of the letter you submitted to our department and corresponding responses to your comm.' is. Your letter and accompanying responses will be incorporated into the Final Environmental Impact Report which will be further discussed at public hearings before the Planning Commission and City Council. You are invited to further participate in the Update process by attending these meetings. The Planning Commission hearing is tentatively scheduled for March 2, 1994; the City Council meeting has not yet been scheduled. I would like to suggest that you contact me at (619) 438- 1161, extension 4451 later in February to confirm the Planning Commission date. Thank you again for participating in the Update of the General Plan. Public input is very important to the City and your comments are considered very valuable. Sincerely, ADRIENNE LANDERS Senior Planner Attachment 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619)438-1161 3A state of California MEM'ORANDOM THE RBBO0RCE8 AGENCY OF CALIFORNIA Date: November 5, 1993 3B To: Mr. Douglas P. Wlieeler Secretary for Resources Ms. Adrienne Landers City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 From: Dapartmant of Consarvatioa Offiea of aovamaantal and Environmental Relations Subject: Draft Environmental Impact Report (DEIR) for ttie Comprehensive update of Carlsbad General Plan. BCR 193091080 The Departurent of Conservation has reviewed the City of Carlsbad's DEIR for the project referenced above. The Department is responsible for monitoring farmland conversion on a statewide basis and also administers the California Land Conservation (Williamson) Act. Since future development of the General Plan area could have environmental impacts on prime agricultural and Williamson Act contracted lands, the Department offers the following comments. The Final Environmental Impact Report (FEIR) should provide information on the number of prime acres of agricultural land to be developed, and data on the gross value of agricultural commodities produced on agricultural land within the City, and on adjacent land planned for conversion to urban uses upon "buildout" by the year 2010. Specifically, we recommend that the FEIR contain the following Infbrmation to ensure the adequate assessment of Impacts In these areas. o The agricultural character of the planning area. Including: A mapi which Identifies the location of agricultural presetrves, and HllliaBson Act contracts and the number of acres and type of land in each preserve (i.e., prlme/non-prlne). Types and relative yields of crops grown. Agricultural potential of the area's soils, as defined by the Department of Conservation's Important Farmland series map designations. o The Impacts on Hllllamson Act contracted land in the General Plan area should be assessed, and the following information included: A general overview of the Williamson Act program, including a discussion of the specific findings and Response 3A: Agricultural lands are addressed in EIR Section 5.13, Natural Resources The description of exisUng agricultural lands has been expanded in die Final EIR to address agricullural preserves. Williamson Act contracts, and crop types in each preserve. To adequately address existing important farmland. Farmland of Slatewide Importance is discussed in addition to Prime Farmland. Response 3B: The Williamson Act program is discussed in Uie Final EIR. Conditions for die canceltation of contracts are included and potential impacts to contract preserves are assessed. Mr. Wheeler and Ms. November 4, 1993 Page Two Landers 30 3D subfindings (Government Code Section 51282) that must be made by the Board of Supervisors in order for Williamson Act contracts to be canceled. As a general rule, land can be withdrawn from Williamson Act contract only through the nine-year nonrenewal process. Cancellation is reserved for "extraordinary" situations (See Sierra Club v.Citv of Hayward (1981) 28 Cal.3d 840, 852-855). Cancellation must be based on specific findings that are supported by substantial evidence. A discussion of the effects that termination of Williamson Act contracts would have on nearby properties also under contract. It should also be noted that Government Code Section 51284 states that ho contract may be canceled until after the City has given notice of, and has held, a public hearing on the matter. Notice of the hearing, and a copy of the landowner's petition for cancellation, must be mailed to the Director of the Department of Conservation prior to the hearing on tentative cancellation. While a number of mitigation measures have been identified in the DEIR to lessen farmland conversion impacts, some additional possibilities are: Directing urban growth to lower quality soils in order to protect prime agricultural land. Increasing densities or clustering residential units to allow a greater portion of proposed development sites to remain in agricultural production. The Department appreciates the opportunity to comment on the DEIR. We hope that the additional agricultural and Williamson Act information suggested will be incorporated Into the Final Environmental Impact Report for the City's General Plan Update. If I can be of further assistance, please feel free to call me at (916) 455-8733. I}eborah L. Herrmann Environmental Program Coordinator Response 3C: This information about Uie canceltation of Williani.son Act contracls has been incorporated into the Final EIR. Response 3D: The following General Plan implementing policy has tiecn added to Final EIR to further mitigate impacts to agricultural lands: Encourage clustering when il is done in a way Uiat is compatible wiUi existing, adjacent development. (Land Use Element, Overall Land Use Patlern. C.4 ) In the Final EIR, the mitigation measure has been clarified as follows: Encourage clustering of devetopment to reduce environmenlai impacts when it is done in a way Uial is compatible with existing, adjacent development. City staff wilt recommend revising corresponding policy in Uie General Plan lo reflect the change in Uie mitigation measure. cc; Kenneth E. Trott Office of Land Conservation Palomar-Ramona-Julian Resource Conservation District o o 00 CO ' L75 073 ^^^ Certified Mail Receipt No Insurance Coverage Provided Do not use for International Mail (See Reverse) Sent to Governor's Off of Pin & RBS street & No 1400 Tenth St RO . State 8. ZIP Code Sacramento CA 95814 Postage Cerlified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered Return Receipt Showing to Whom, Date, & Address of Delivery TOTAL Postage & Fees $ $ Postmark or Dale 02/02/94 % SENDER: • Complete items 1 and/or 2 for additional services. fn • Complete items 3, and 4a & b. Print your name and address on the reverse of this form so that we can 61 return this card to you. > • Attach this form to the front of the mailpiece, or on the back if space 9...) does not permit. ft) • Write "Return Receipt Requested" on the mailpiece below the articl -0 • The Return Receipt will show to whom the article was delivered and 0 delivered. 0 Planning Et Research 1400 Tenth St Sacramento CA 95814 ec 5. Signature (Addressee) LU im 6.. 6,iffnatur (Agent) 0 co PS Form 3811, December 1991 r U.S.G.P.0 e number. the date 3. Article Addressed to: a) M Governor s Office I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address 2. 0 Restricted Delivery Consult postmaster for fee. 4a. Article Number P 672 073 449 4b. Service Type E Registered {1 Certified D Express Mail LI Insured El COD 13 Return Receipt for Merchandise 7. Date of Delivery FEB 4 1994 8. Addressee's Address (Only if requested and fee is paid) _c 1992-307-530 DOMESTIC RETURN RECEIPT City of Carlsbad Planning Department February 2, 1994 Govemor's Office of Planning & Research 1400 Tenth Street Sacramento, CA 95814 SUBJECT: COMPREHENSIVE UPDATE TO THE CARLSBAD GENERAL PLAN (GPA 94-01) RESPONSE TO COMMENTS ON THE ENVIRONMENTAL IMPACT REPORT (EIR 93-01) Thank you for the comments you offered to the City during the public review period of the Environmental Impact Report on the update of the General Plan. Attached to this letter, you will find a copy of the letter you submitted to our department and corresponding responses to your comments. Your letter and accompanying responses will be incorporated into the Final Envirormiental Impact Report which will be further discussed at public hearings before the Planning Commission and City Council. You are invited to further participate in the Update process by attending these meetings. The Planning Commission hearing is tentatively scheduled for March 2, 1994; the City Council meeting has not yet been scheduled. I would like to suggest that you contact me at (619) 438- 1161, extension 4451 later in February to confirm the Planning Commission date. Thank you again for participating in the Update of the General Plan. Public input is very important to the City and your comments are considered very valuable. Sincerely, ADRIENNE LANDERS Senior Planner Attachment 2075 Las Palmas Drive • Carlsbad. California 92009-1576 • (619)438-1161 ^ SlAtt or rAtiroRNiA PETE WILSON. Gov0rnor GOVERNOR S OFFICE OF PLANNING AND RESEARCH 1400 TENTH STBEET SACRAMENTO. CA 95814 Adrienne Lfln<1*»rs Citv of Carlsbfld 2n7S I.ns pnlmHS Drive Carlsbad, CBlifornia 921)09 November 5, 1993 lA Response: The OfFice of Planning and Research is lhe slatewide depository for recording environmental documenls. The Final EIR lias been distrilmted to Uie public for review, as required tiy CEQA, ami all coniments litive been received and addressed. subjacti Comprehensive Update of Carlsbad Cenernl plan, SCHI 9.1091080 Ms. l-anders: Dmtr IA Th* Stat* clMrtn^houM haa •ubalttsd th« abor* n.wil propo««d Nv^ativa 0«cL«r«tlon to ••l*ct*d stat* aganclaa for ravlM. Th* r*vl*tf p*rlod ia now clo««d and th* comn*ntB frov th* raspondlng ag*ncy<l*a) l*(ar*) *ncloa*d. On th* «ncloa*d Motlca of Complatlon form you wlll not* that th* Cl*arInghoua* haa chackad th* aganclaa that hav* ccxDMnt*d. Pl*aa* r*vl*w th* Notic* of Complation to anaur* that your comnant packag* 1* coaiplata. If th* convnant packag* ia not In ordar, plaaaa notify th* Stat* Cl*aringhoua* Immvdlately. R*Ri*fnb*r to refar to th* pro)*ct'a eight-digit Stata Clearlnghouae number no that w* nay raapond promptly. Plaaaa not* that Saction 21104 of tha California Public Reaourcaa Cod* required thati "a raaponaibl* agancy or othar public agancy ahall only mak* -aubatantlv* coMoMnta r*gardlng thoa* actlvltiaa involvad In a pro^*ct which ar* within an ar*a of *xp*rtla* of th* agency or which ara r*quir*d to b* carried out or approT*d by th* agency." Commantlrtg aganciaa ar* alao raqulrad by thia aaction to aupport thair comntanta with Bpeclflc docuowntatlon. Th**« coMMnt* ar* forwarded for your ua* In preparln9 your final IIR. should you n*«d aor* inforaation or clariflcation« wa racoanwnd that you contact th* coaaaanting agency at your •arli*«t conv*ni*nc*. This l«tt«r acknowl*dg«a that you hav* co«pli*d with th* Stat* Claarlnghoua* r*vi*w requlreoMin^* for draft •HTlronMntal docua*nt*, pureuant to th* California InvlrohaMntal Quality Act. Plaaa* contact Sara Straaipl* at (916) .445-0613 if you hav* any quaatlona regarding the envlronaMntal review proceaa. Slnc*r*ly 5? / chrlatln* Kinn* Ovputy Director, Paralt Aaalstanc* Kncloauraa CCI Raaourcaa Kqancy Railroad Tracks 74 llll •o CO CD O State Street Roosevelt Street 55 llll VILLAGE AREA PUBLIC PARKING 1992 RCU BY:XEROX TELECOPIER 7010 ; 3-22-93 2:40PM ; 619 688 2511^ 6194380894;tt 1 ^§,1/23^93 14:40 CRLTRflNS PLANNING DEPT. -* 6194380894 NO. 425 001 FROM: CALTRANS, DISTRICT 11, PLANNING & PUBLIC TRANSPORTATION FAX Number: (619) 688-2511 or ATSS 688-2511 TO; FROM: (Name) _i (Add (FAX Number) dres^epjfrtmena ^ CALTRANS OFFICE Headquarters DMT ,—_ District (Name) ^ p (Address/Department) ^ i^t- {tiro {'famhiumbQr) TOTAL PAGES TO FOLLOW: REMARKS: . (Weinstock Bidg.) (^) .,s TELECOPIER 7010 ; 3-22-93 2:40PM ; 619 688 2511-» >.<i/93 14:41 CflLTRfiNS PLANNING DEPT. -> 6194380894 6194380894;tt 2 NO.425 D02 STATE OF CALIFORNIA - BUSINESS, TRANSPORTATION AND HOU8IN(3 AGgNCY PETE WILSON, QovsiTW DEPARTMENT OF TRANSPORTATION DISTI-ICT 11, P O. BOX 8S40«. SAN DIEQO, 921S6-S406 (619) 688-6002 Mr. Michael Holzmiller Planning Director City of Carlsbad 2075 Las Palmas Dr. Carlsbad, CA 92009 March 19, 1993 11-50-005,078 VAR-Carlsbad Dear Mr. Holzmiller: Notice of Preparation of a DEIR for the Comprehensive Amendment oi the City of Garlsbad Ganaral Plan Caltrans District 11 will appreciate the opportunity to review the DEIR, Our review will focus on projected impacts and mitigations at Interstate Route 5 and State Route 78. Your analyses for cumulative traffic impacts and mitigations will be of particular interest to our agency. Our contact person is Mark Parra, Project Manager, Project Development, Branch "B", (619) 688-6952. Sincerely, JESUS M. GARCIA District Director BY- BILL DILLON, Chief Planning Studies Branch A \ Wil*^Hiam D. Daugherty 2600 La Golondrina Street Carlsbad, CA 92009 March 22, 1993 Adrienne landers, Senior Planner 2075 Las Palmas Drive Carlsbad, CA 92009 Ref: Carlsbad Draft General Plan Dear Ms. Landers, I would like to submit the following recommendations for integration into the Circulation Element. It appears to me that the City has been derelict in not defining its requirements for public transportation in this plan. Further, the plan should define the goals and objectives which will be followed to achieve these transit service requirements. I recommend that the enclosure be considered by the Circulation Com- mittee for incorporation in the Circulation Element on page 5, after "Streets and Traffic Control" and before "Alternative Modes of Trans- portation". The latter should be modified to eliminate any redundan- cies with this new section. I am sure that the committee and staff can improve upon my initial concept. Sincerely, William Daugherty^ cc; Councilmember Ramona Finnila Mr. Lloyd Hubbs, City Engineer 4 PUBLIC TRANSIT SYSTEMS (The City recognizes that the San Diego Asso. of Governments (SANDAG) is responsible for long range transit planning and the North County Transit Dis- trict responsible for the local planning, building and/or operating of public transit services. How- ever, public transit services cannot be cost or performance effective if they do not meet the needs of the community they serve. Therefore, Carlsbad has developed the following goals, objectives and policies to define these community requirements.) A. Goals u^.l A City which promotes, encourages and accommodates a variety of public transit systems as alternatives to the auto- mob i 1 e. B. Objectives B.l To reduce traffic congestion by achieving a^^^%3 utilization rate of public transit systems for all trips within and through the City. B.2 To minimize the need to build additional prime and major arterials in the City; thereby reducing construction costs. 8.3 To reduce parking space required to support our industrial and commercial development and make more efficient use of these properties. B.4 To reduce water and air pollution produced by motor vehicles. B. 4 To provide employees of local corporations and resi- dents with an efficient mix of transit services which will mini- mize their need for a personal automobile to meet daily commuting needs. C. Implementing Policy and Action Program C.l Coordinate with the San Diego Association of Govern- ments (SANDAG) and the North County Transit District (NCTD) on the installation of elevated and ground level transit systems. C.2 To plan, identify and coordinate Park and Ride fa- cilities required to support present and future public transit system station locations with SANDAG, CALTRANS and NCTD. C.S To coordinate with SANDAG and NCTD in developing a non-airpol1uting Local Passenger Distribution System to conven- iently transport transit system passengers along a local route between transit stations, parking facilities and/or their final destination. TABLE 2: TRANSIT ROUTE CLASSIFICATIONS Base Routes * provide regional and intra-city mass rapid transit service * carry very heavy commuter traffic volumes * provide connections with prime routes and major routes. * isolated from other vehicular or pedestrian traffic * provide local and express service * can provide commercial goods transport/distribution service Prime Routes * provide intra-city and inter-city mass rapid transit service * orovide connections with base routes, prime routes, major routes and/or local passenger distribution service * serves major industrial corridors and/or commercial centers * provide local and express service * isolated from other vehicular or pedestrian traffic * can provide commercial goods transport/distribution service Ma.ior Routes * provide inter-city and intra-city mass transit service * provide connections with base routes, prime routes, major routes, feeder routes and/or local passenger distribution servi ce * uses existing roadways or median strip for right-of-way * can provide local and express service Feeder Routes * serve local residential, commercial or industrial neighbor- hoods with transit service * provide connections to major routes Local Distribution Service * connects commercial or industrial center passengers to base route and prime route stations, parking facilities, major routes and/or locally important recreational facilities r PUBLIC TRFinSIT SYSTEmS PLfln CfTY OF CARLSBAD CIRCULATKDN PLAN RAILROAD FREEWAY PRIME ARTERIAL MAJOR ARTERIAL A PARK AND RIDE BASE ROUTE SECONDARY ARTERIAL wmm, PRIME ROUTE 1 •• FEEDER - Demand COLLECTOR STREET MAJOR ROUTE '^AMA ••=^ LOCAL DISTRIBUTION SERVICE p^^^ .-••::-'X iEL::.COPIER 7310 ; 3-22-93 3:53PM ; ;2-l993 04:42PM FROM S.D. Co. Public LJorks TO 6194380894;tt 9-4380894 P.02 DIRSCTOR ($19) 684-2212 FAX (619) 2«8-OM1 LOCATION CODE SSO DEPARTMENT OF PUBLIC WORKS ssss OVERLAND AVE, SAN DIEGO. CALIFORNIA 92123-129S5 COUNTY ENGINEER COUNTV AIRPORTS COUNTY ROAD COMMISSIONER TRANSPORTATION OPERA-TIONS COUNTY SURVEYOR FLOOD CONTROL LIQUID WASTE SOLID WASTE March 22, 1993 Mr. Michael J, Holzmiller Planning Director City of carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-1576 Dear Mr. Holzmiller; Subject: Notice of Preparation of an EIR, City of Carlsbad Comprehensive Amendment to the General Plan, Dated February 18, 1993 We have reviewed the Notice of preparation and have the following comments: Trails If the City of Carlsbad desires to add a Trails Component to the General Plan Recreation Element, the EIR should address provisions for connection to existing and planned trail networks within other agency jurisdictions. Flood Control The City's Master Drainage Study has been approved as indicated on Page 9 of the Notice of Preparation. Please evaluate the approved Drainage Study for agreement with the new proposed General Plan. New flow rates needing revised facilities may result from the new density or land uses. It is important that new facilities and land use goals continue to maintain drainage facility design water surface elevations at existing levels at City and county boundaries such as along El camino Real and San Marcos Creek. ^KOX TELECOPIER 7010 ; 3-22-93 3:53PM ; 619 694 2373-^ 6194380894;tt 3 E2-1993 04:43Pri FROM S. D. Co. Pub 1 ic Works TO 9-4380894 P. 03 Mr. Holzmiller Page 2 March 22, 1993 Traffic/Circulation The EIR needs to include a traffic study that incorporates the following: 1. Address and incorporate the County Circulation Element Roads, including bike lanes. 2. Provide tables and map exhibits displaying existing traffic, project traffic, existing plus project traffic, buildout traffic, and percent traffic splits to all existing and future County Circulation Element Roads within four miles of the project. Buildout year is approximately 2013. 3. Incorporate the county Level of Service standards. 4. Identify traffic impacts on County Circulation Element Roads and other roads in tho unincorporated areas, and provide appropriate traffic mitigation measures associated with 1., 2., and 3. above. Solid Waste We recommend referencing your SRRE (Source Reduction and Recycling Element) to establish goals, policies, and procedures to implement programs to recycle all identifiable recyclables, including but not limited to State mandated recyclables and green waste. One of the goals could include establishing space allocation development standards for collection of recyclables. If you have any cjuestions, call Dirk Smi1;h at (619) 495-5679. Very truly yours, SHARON JASEK REID, Deputy Director Department of Public Works SJR:DDS:dds cc: Robert Hoglen (0336) Bob Fuller (0383) Qxtu dj San COarcos 105 W. RICHMAR AVENUE • SAN MARCOS, CALIFORNIA 92069-1699 619/744-4020 FAX 619/744-7543 March 18, 1993 Michael J. Holzmiller Director of Planning 2075 Las Palmas Drive Carlsbad, Ca. 92009 Re: Comprehensive amendments to the City of Carlsbad Draft General Plan update; E.I.R. 93-01 Dear Mr. Holzmiller: Thank you for the opportunity to review and comment on the subject Draft E.I.R. referenced above. Currently, the City of San Marcos has only a few initial comments regarding the inclusion of additional environmental elements/impacts that should be included within the proposed project such as: [ 1. ' What traffic impacts will occur in the region per the V Congestion Management Plan routes, if land use were to increase per the Carlsbad General Plan update? 2. What consideration has been given to potential impacts or preservation of the wildlife/habitat corridor, if land use were to increase per the Carlsbad General Plan update? When available, the City of San Marcos would appreciate a copy of your General Plan text with all amendments highlighted for further review and comment. If you have any questions regarding this matter, please call me at 591-7777 x 323^6. Sincerely, Mike Poland Principal Planner cc: R.W. Gittings Charlie Schaffer Jerry Backoff Ken Gerdes CITY COUNCIL Lee B. Thibadeau, Mayor Mike Preston, Vice Mayor Mark Loscher Pia Harris F. H. Smith MEMORANDUM March 23, 1993 TO: ASSISTANT PLANNER BLACKBURN FROM: Engineering Technician Gale CITYWIDE BIKE LANE INVENTORY Staff has recently completed investigation of all bike lanes within the City. For your information, the following listing shows which roadways have painted bike lanes as well as on which side. Alga Road Poinsettia Lane to Melrose Drive Both Sides Avenida Encinas Windrose Circle to San Lucas East Side Avenida Encinas Windrose Circle to Poinsettia Lane West Side Batiquitos Drive (easterly leg) Poinsettia Lane to Westerly Terminus Both Sides Calle Barcelona Rancho Santa Fe Road to Calle San Felipe Both Sides Camino de Los Coches Rancho Santa Fe Road to La Costa Avenue Both Sides Cannon Road El Arbol Drive to Paseo Del Norte North Side Cannon Road EI Arbol Drive to Car Country Drive South Side Carlsbad Village Drive Highland Drive to Pontiac Drive Both Sides Carlsbad Village Drive Chatham Road to Tamarack Avenue Both Sides Carlsbad Village Drive Harding Street to Pio Pico Drive Both Sides Carlsbad Boulevard N. City Limits to S. City Limits Both Sides Chestnut Avenue Pio Pico Drive to Monroe Street Both Sides College Boulevard El Camino Real to Palomar Airport Road Both Sides Dove Lane El Camino Real to Plaza Paseo Real Entrance Both Sides El Camino Real N. City Limits to S. City Limits Both Sides Faraday Avenue Orion Street to Westerly Terminus Both Sides Grand Avenue Harding Street to Jefferson Street Both Sides Harding Street Grand Avenue to Magnolia Avenue Both Sides Jefferson Street N. City Limits to Marron Road Both Sides Jefferson Street Las Flores Drive to Carlsbad Village Drive Both Sides Kelly Drive El Camino Real to Park Drive Both Sides La Costa Avenue Interstate 5 to El Camino Real Both Sides La Costa Avenue »400' e/o El Camino Real to => 1,500' e/o EI Camino Real North Side Elaine Blackburn Citywide Bike Lane Inventory March 23, 1993 Page: 2 La Costa Avenue Marron Road Melrose Drive Monroe Street Orion Way (Note: Orion Way is a one- way street with bike lane on outside) Orion Street Palomar Airport Road Palomar Airport Road Palomar Airport Road Paseo Del Norte Poinsettia Lane Pontiac Drive Rancho Santa Fe Road Rancho Santa Fe Road Tamarack Avenue Windrose Circle Rancho Santa Fe Road Jefferson Street Rancho Santa Fe Road Marron Road Orion Street Faraday Avenue Paseo Del Norte Paseo Del Norte El Camino Real Poinsettia Lane Paseo Del Norte Tamarack Avenue Olivenhain Road Olivenhain Road Wilshire Street Avenida Encinas to Romeria Street Both Sides to El Camino Real Both Sides to Alga Road Both Sides to Carlsbad Village Drive Both Sides to Orion Street One Side to Impala Drive Both Sides to El Camino Real South Side to «300' w/o Yarrow Drive North Side to Loker Avenue (W) North Side to Car Country Drive Both Sides to Alga Road Both Sides to Victoria Avenue Both Sides to Camino De Los Coches East Side to La Costa Avenue West Side to Adams Street Both Sides to Westerly Terminus Both Sides If you have any questions, please call me at extension 4425. For your convenience, attached is a map with the respective streets highlighted in yellow. TAMES W. GALE Engineering Technician II Traffic Operations Section JWG:rz Attachment c: City Engineer Traffic Engineer DETAIL ^$AN QIEGO CO Ol 10 •+- -+- •+ -+--+--+- SEE MAP Z—- »*^*naiPm^ Aa 2661 O'iHOIUAdOO ff> <i> <l> <l> ^ ^ IP|5 f j> SEE MAP ,1 -.J,..- » o o o < H LLI Q SEE MAP SEE-MAP MAP 'BIKE LANES MEMORANDUM April 2, 1992 TO: ASSOCIATE PLANNER WOODS FROM: Assistant Engineer Shirey NOISE MODEL - LANE CONFIGURATION INFORMATiON Pursuant to your request, attached is a list of all Circulation Element streets indicating the existing lane configurations. If you have any questions, please contact me in person or call me at extension 4388. Attachment c: City Engineer Traffic Engineer CIRCULATION ELEMENT STREETS LANE CONFIGURATIONS LOCATION NUMBER OF LANES PRIME ARTERIALS El Camino Real Highway 78 to Chestnut Ave. 6 Chestnut Ave. to Cougar Dr. 4 Cougar Dr. to 0.5 mi. s/o Camino Vida Roble 5 0.5 mi. s/o Camino Vida Roble to 0.25 mi. n/o Dove Ln. 4 0.25 mi. n/o Dove Ln. to Alga Rd. 6 Alga Rd. to Levante St. 5 Levante St. to Olivenhain Rd. 4 Melrose Drive Alga Rd. to Corintia St. 6 Corintia St. to Rancho Santa Fe Rd. 3 Olivenhain Road El Camino Real to 0.25 mi. w/o Amargosa Dr. 2 0.25 mi. w/o Amargosa Dr. to Los Pinos Cir. 4 Los Pinos Cir. to 0.25 mi. w/o Rancho Santa Fe Rd. 3 0.25 mi. w/o Rancho Santa Fe Rd. to Rancho Santa Fe Rd. 4 Palomar Airport Road Carlsbad Blvd. to Interstate 5 NB Ramps 2 Interstate 5 NB Ramps to Paseo Del Norte 4 Paseo Del Norte to 0.25 mi. e/o Paseo Del Norte 5 0.25 mi. e/o Paseo Del Norte to Yarrow Dr. 6 Yarrow Dr. to El Camino Real 4 El Camino Real to 0.25 mi. e/o El Fuerte St. 3 0.25 mi. e/o El Fuerte St. to East City Limits 2 Rancho Santa Fe Road Melrose Dr. to 0.25 mi. n/o Cadencia St. 3 0.25 mi. n/o Cadencia St. to La Costa Ave. 2 0.2 mi. n/o La Costa Ave. to La Costa Ave. (NB Trucks only) 1 La Costa Ave. to 0.5 mi. n/o Camino De Los Coches 5 0.5 mi. n/o Camino De Los Coches to Olivenhain Rd. 6 Olivenhain Rd. to South City Limits 2 LOCATION NUMBER OF LANES MAJOR ARTERIALS Alga Road Poinsettia Ln. Mimosa Dr. El Camino Real Cannon Road Carlsbad Blvd. El Arbol Dr. Paseo Del Norte Carlsbad Boulevard North City Limits State St. Mountain View Dr. Beech Ave. Tierra Del Oro Palomar Airport Rd. College Boulevard Palomar Airport Rd. La Costa Avenue West City Umits Poinsettia Lane Carlsbad Blvd. Paseo Del Norte SECONDARY ARTERIALS Avenida Encinas Cannon Rd. Palomar Airport Rd. Poinsettia Ln. Poinsettia Ln. Alicante Road Alga Rd. to to to to to to to to to to to to to to to to to to to to to Mimosa Dr. El Camino Real Melrose Dr. El Arbol Dr. Paseo Del Norte Car Country Dr. State St. Mountain View Dr. Beech Ave. Tierra Del Oro Palomar Airport Rd. La Costa Ave. El Camino Real El Camino Real Paseo Del Norte Alga Road Palomar Airport Rd. 0.5 mi. south 0.5 mi. north Windrose Cir. El Fuerte St. 4 3 4 3 4 2 4 2 3 4 2 4 2 4 4 2 2 4 LOCATION NUMBER OF LANES SECONDARY ARTERIALS (cont.) Camino De Los Coches La Costa Ave. Camino Vida Roble Palomar Airport Rd. Carlsbad Village Dr. Ocean St. Carlsbad Blvd. Pontiac Dr. Chatham Rd. Tamarack Ave. El Fuerte Street Alicante Rd. Faradav Avenue College Blvd. Kelly Drive Park Dr. La Costa Avenue El Camino Real Romeria St. Rancho Santa Fe Rd. Marron Road Jefferson St. 0.25 mi. e/o El Camino Real Monroe Street Carlsbad Village Dr. to to to to to to to to to to to to to to to to Rancho Santa Fe Rd. El Camino Real Carlsbad Blvd. Pontiac Dr. Chatham Rd. Tamarack Ave. Glasgow Dr. 0.25 mi. n/o Alga Rd. Orion St. El Camino Real Romeria St. Rancho Santa Fe Rd. Camino De Los Coches 0.25 mi. e/o El Camino Real Avenida De Anita Marron Rd. 2 4 2 4 2 4 3 4 4 2 LOCATION NUMBER OF LANES SECONDARY ARTERIALS (cont.) Paseo Del Norte Cannon Rd. Camino Del Parque Tamarack Avenue Skyline Rd. to to to Camino Del Parque Poinsettia Ln. Carlsbad Village Dr. 4 2 COLLECTOR STREETS Faradav Avenue College Blvd. Tamarack Avenue Carlsbad Blvd. Jefferson St. Interstate 5 SB Ramps Adams St. to to to to to 0.25 mi. West Jefferson St. Interstate 5 SB Ramps Adams St. Skyline Rd. 2 3 4 2 Citv of Carlsbad Planning Department March 15. 1993 John Bridges Cotton/Beland/Associates, Inc. 6310 Greenwich Drive, Suite 220 San Diego, CA 92122 RE: LETTER OF AUTHORIZATION, GENERAL PLAN EIR Please consider this letter authorization to proceed with work on the environmental impact report for the Carlsbad General Plan as outlined in your scope of services, dated March 11, 1993. Work should not exceed $5,000.00. The contract will be fonwarded for your signature by the end of the week. Please contact me at 438-1161, extension 4451, if you have any questions. Sincerely, 1 ADRIENNE LANDERS Senior Planner ALkm QPEIRAut 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619)438-1161 March 11, 1994 City of Carlsbad Planning Commission 2075 Las Palmas Drive Carlsbad, CA 92009-1576 Re: General Plan Update (EIR 93-01/GPA 94-01 Dear Commissioners: My mother, Dorothy Ebright, is the owner of 5855 Sunny Creek Road (APN 209-040-15), where she has resided for the last 30 years. On March 4, 1994, my mother received notice of the upcoming Planning Commission meeting on the above item, which indicated her 9+ acres might be affected by the proposed open space amendments. The notice further explained that, "due to the small size of the individual changes contemplated, it is not possible to provide affected owners with maps at a scale which accurately reflect the proposed changes." As suggested in the notice, and at my mother's request, I reviewed the map illustrating the proposed amendments which is on file at the Community Development Department, to determine their impact, if any, on her property. I was very surprised to learn that the map appears to recommend expansion of the existing limits of the (Constrained Lands) Open Space Designation in the Sunny Creek corridor to include most, if not all, of her parcel. This proposal appears to be based on overly broad and, I believe, erroneous assumptions concerning the extent of flood plain and/or habitat constraints affecting the site. To find out why, I met with Terri Woods of the Planning Department on March 8. Ms. Woods confirmed that the proposed open space limits through our propert:y appear to be based on the 100 year flood plain—this seemed to make sense, as the riparian corridor through our property is limited to the immediate confines of the creek and could not possibly account for the breadth of open space supposed to exist on-site. Likewise, the only slope of consequence on the property falls well to the southwest of the creek, and I am unaware of any other constraints affecting our land. What is confusing is that the supposed extent of the floodplain through our property appears to be based upon the Conceptual Open Space & Conservation Map (Figure 7) of the City's Open Space and Conservation Resource Management Plan. Yet that map is at odds with the Zone 15 LFMP Constraints Map which, we believe, more accurately shows the floodplain affecting far less of the site (the Zone 15 map also agrees with all other constraint maps I've seen of seen of our property to date). We do not dispute that portions of the property are, indeed, affected by floodplain and habitat constraints which might well limit the development potential of the site. We also understand that the general plan process is necessarily broad brush in its approach and do not wish to unnecessarily impede the City's master planning process. However, we are concerned that the road to a complete taking of my mother's property could begin with one ••generalized" boundary on a map, imprecisely or incorrectly drawn, as appears to be the case here. Section 3a(i) on Page 10 of the March 16 staff report for this item states that proposed map revisions pertaining to constrained lands "do not depict precise boundaries." It further states that boundaries "will be modified slightly in the future, as more detailed infonnation becomes available" i.e., through the tentative map process. The primary purpose of this letter is to state, for the record, that more than a slight modification to the open space map before you this evening may be required to accurately reflect conditions on my mother's property. Secondly, I would appreciate the opportunity to meet with staff to revise the limits of the open space designation affecting our property to reflect actual conditions prior to City Council adoption of the proposed General Plan Amendment. If that is not possible, I would request confirmation that site-specific studies will, indeed, be required before the actual boundaries of the City's Open Space Zone are established in the area. I believe that would give us a fair opportunity to confirm, to everyone's satisfaction, what I have indicated here. Thank you for your consideration of these requests. Should you have any questions regarding the above, I would be happy to respond to them at the meeting. cc: Terri Woods, Planning Department fax cover DATE: ATTENTION: FAX: 03/15/94 MICHAEL HOLZMILL Planning Director City of Carlsbad 619 438-0894 FROM: PAGES: Steve Erenyi Union Pacific Realty Co. 2 (Including cover) If you do not receive all pages please call. (714) 455-0866. Thank you. T0d 9S:9T Ph. ST yUU 0T0i a3Id003~131 X0y3X:Ag ., UNION RAMRC - <1P REAITYCOMRANY M Liri!On Faci'C Corpor.-jion 1 , F". Olson Senior Vice Presuiflnt via fax: (619) 438-0894 March 15,1994 Chairman, Planning Commission City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, Califomia 92008 Attn: Ms. Peggy Savary RE: Notice of Public Hearing EIR 93-01/GPA 94-01 City of Carlsbad - General Flan Update On behaif of Carlsbad Research CenterAJpland Industries, we wish to object to the proposed General Plan Designation changes at the Carlsbad Research Center, from PI, RS, C, TS, U, to PI. The development is a master planned development strictly regulated by a specific plan, which allows these land uses. This change is not necessary, it would be confusing to future users and it also seems to be designed to allow the P.I.P. requirement to be imposed without good reason or due process. We request your reconsideration on this matteir. Sincerely, Stephen I. Erenyi ll Director, Real Estate Operations cc: Michael Holzmiller Planning Director via fax: (619) 438-0894 SIE/skw skwlSsei, tt:t7680SEl76T9 24422 Avt'ni'Jit tjc rfl Carlota LaQL-na Hills, CA 92G.53 ri4 456 06'56 F-ax 7H 155 0620 NdiS:£ l76-ST-£ i2:9T t76< ST dbW BYixER'JX TELECOPIER 7010 : 3-16-9<2 9:33PM ; 714 351 2314-* 61943808' . MfiR 16 '94 09:30 BflKD ^^^851-2014 P. 2/6 BOWIE, ARNESON, KADI, WILES & GIANNONE A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION ATTORNEYS AT LAW ALEXANDER BOWIE* 4920 CAMPUS DRIVE NEWPORT BEACH, CAUFORNLA 92660 ^j^g ^ ,^ JOANCARNESON TELEPHONE 8SI-130O WILUAM j. KADI FAX (714) 851-2014 \»TODY H. WILES PATRICIA B. GIANNONE sw. gw HU ROBERT E.ANSLOW ERJCR-DCSRJNG •Zfii'y KENNETHS. LEVY •'"^'^ ARTOj.NuimNEN March 16 1994 JANETL-MUEOER ^^^^'^ ^^^^ KIMBERLY A. McMURSAV • A MOnSSIONAi.COMOftA'nON VTA FACSIMILE & U.S. MAIL Planning Coimnission City of Carlsbad 2075 Las Palmas Carlsbad, CA 92009 Re: EIR 93-01/GPA 94-01 - City of Carlsbad General Plan Update Honorable Members of the Commission: This firm represents the Carlsbad Unified School District ("District"). We are subminmg this letter in response to the proposed comprehensive General Plan Amendment [GPA 94-01] (the "General Plan") for the City of Carlsbad ("City") and the related Environmental Impact Repori [EIR 93-01] (the "EIR"), in that the significant adverse impacts on the school facilities of the District will not be mitigated. The General Plan states that one of ils Goals is "A City which ensures the timely provision of adequale public facilities and services lo preserve the quality of life of residents" (p. 38, Growth Managemem and PulfUc Faciiiiies, A. Goals A.l), Absent the designation of specific mitigation measures to fimd the significant number of new school facilities which will be required by future development in the City, that goal cannot be met, and residents of the City will face a future of overcrowded school facilities. In this regard the Dislrict would respectfully request that the Local Facilities Management Plan ("LFMP") amendment approved by the City Council on December 14, 1993 relative to Zone 20, which the Coinmission and the City Council has approved as a condition of new development within the City, be mcorporated as part of the General Plan. A. Tmp^^.^ of Fiinire Development on the District. Implementation of the General Plan, specifically with regard to the General Plan's provision allowing for development of affordable housing units at densities higher than that which would otherwise be allowed by an underlying land use designation, will poientially generate a more new smdents than the District is presently able to house. The General Plan's mm/mm/im RCU BY:XEROX TELECOPIER 7013 ; 3-16-94 9:33PM ; 714 351 2014^ 6194380894; . MfiR 16 '94 09:30 BflKD |j|851-2014 P. 3/6 BOWIE, ARNESON, KADI, WILES & GIANNONE Planning Commission March 16, 1994 Page 2 section on Residential Implementing Policies and Action Programs (p. 42), ("Residential Policy C.S") contemplates approving housing projects for affordable housing within the City through the processing of sile developmenl plans to increase densities "above the maximum residential densities permitted by the General Plan...either above the Growth Management Conlrol Point or upper end of the residential density range(s)", which the General Plan currenlly places at 19,0 dwelling units per acre. The Districi has analyzed the student generation rate for an affordable housing project to generate approximately twice the number of students lhan would be generated from a "standard" housing project (i.e. between 0.6 to 0.9 smdents per affordable housing dwelling unit, by comparison to 0.46 smdents per conventional residential dwelling unit. Source: Rechl. Hausrath and Associates). Therefore, absent appropriate mitigation conditions addressing the potential for increased school facilities demands from the implementation of the General Plan, the District's school facilities needs wili be unmitigated. B. .Schnnl Facilities Impact Mitigation Provided in RIR. The EIR assumes that density increases above the maximum Growth Management Control Points will not result in unmitigated land use impacts. However, there is no evidence that affordable housing dwelling units will be limiied oniy to those which are on deposit with the City's "excess unit bank" (i.e. the number of units representing development approvals within the City at densities lower than that which is permitted by the General Plan). IThe designation of affordable housing dwelling units in the excess unit bank has been put forth as a justification ihat no land use impacls will occur from the General Plan, since the number of dwelling units wilhin the excess unil bank for the City is purportedly sufficient to allow the City to meet iis affordable housing obligalions without exceeding the General Plan residential buildout projections (see Responses to Carlsbad Unified School District Review of Cily of Carlsbad Draft General Plan and Draft Environmental Impact Report). However, Residential Policy C.S, which the General Plan suggests as being the criteria for determining approvals of affordable housing in excess of Growth Management Control Points, contains no requirement that such units first be prioritized from the City's excess unit bank. Moreover, the EIR goes on to suggest that the faciiities identified in the District's 1989 School Location Plan will be adequate to accommodate new studenis. However, the 1989 School Location Plan, as pointed out by the District to the City during lhe public review period of the draft EIR, did not take into accouni the City's currenl inclusionary requirement for affordable housing (letter dated November 2, 1993 from John Blair to Adrienne Landers). Moreover, the EIR's conclusions regarding land use impacts from affordable housing incorrectly RCU BY:XEROX TELECOPIER 7010 ; 3-16-94 9:34PM ; 714 851 2014-* 61943S0894;tt 4 , MflR 16 '94 09:31 BPKD lfife851-2014 P.4./6 Bowm, ABNESON, KADI, WILES & GIANNONE Planning Commission March 16, 1994 Page 3 presumes that alfordable housing is characterized by lower, rather than greater, student generation rates than that characteristic of similar types of housing for the general population. Therefore, it is our opinion that the conclusion that the impact on the school facilities of fhe District will be mitigated to a level of insignificance is wholly unsupported by the proposed mitigation measures for the following reasons: 1. In;lClequacy of General Plan Policies Relating 10 School Facilities. The 'Mitigation Monitoring Checklist" acknowledges that the school districts serving che City must acquire ftinding to obtain additional personnel and construct the planned facilities to accommodate growth in the City's smdent population (Table 1, Mitigation Monitoring Checklist, page 62, "Education"), and discusses mitigation of incremental population growth as follows; "Require compliance with the following public facility performance standards, adopted September 23, 1986, to ensure that adequate public facilities are provided prior to or concurrent with development: Schools "School capacity to meet projected enrollment within the zone as determined by the appropriale school district must be provided prior to projected occupancy." (Land Use Element, Growth Management and Public Facilities, C.2.) " This policy, however, does not provide for funding of schools facilities to meet the needs of new development. 2. Inadequacy of Statiitorv School Fees to Fund New School Facilities. The District is currently authorized to levy school facilities fees ("Fees"), pursuant to Govemment Code Section 53080, in the amount of $1.72 per square foot. Based on an average 1800 square foot DU, the District will collect $3,096 per DU, which is merely 47% of the District's currently estimated school facilities cosl per DU of $6,616. It can be clearly seen that the Fees will not provide the District with the funds required to adequately house the students generated by population growth within the City. SAKKifi/JiBiMlJ/lOfiTi R:CU BY: XEROX TELECOPIER 7010 ; 3-16-94 9:35PM ; 714 851 2014-* 6194380894; tt . ,MfiR 16 '94 09:32 BfiKD •3^851-2014 P. 5/6 BOWIE, ABNESON, KADI, WILES & GIANNONE Planning Commission March 16, 1994 Page 4 S. State Funding Can Not Re Assured for New School Facilities In the past, the State has provided supplemental funding to Fees. However, the state- wide need for school facilities far exceeds the ability of the State to fund such needs. It is currently estimated that there is a backlog of four billion dollars in unfunded school facilities needs state-wide. Accordingly, the State is not a reliable source of altemate funding for the school facilities needs of the District. With respect to general obligation bond measures, Proposition 170, which was on the ballot in November of 199S, would have lowered the vote required to pass a school district general obligalion bond measure from two-thirds to a simple majority. However, Proposition 170 failed, and a two-thirds majority is still required in order to pass a general obligalion bond measure within the District. Therefore, the Dislrict cannot rely on the passage of a general obligation bond measure to make-up the shortfall in school facilities needs resulting from this Project and other projecis within the District. The EIR fails to address the issue that there is no identifiable source to make up the enormous shortfall in school facilities ftmding caused by new development. Therefore, the EIR fails to satisfy the requirement under the Califomia Environmental Qualily Act that sigmficant impacts from a project be mitigated to a level of insignificance. (Public Resources Code Sections 21002, 21002.1, and 21081; Title 14, California Code of Regulations, Section 15092). Accordingly, the City cannot approve its General Plan and certify the EIR absent the provision of additional school mitigation measures which specifically provide for funding to make up the identified shortfall. C. Amendments General Plan Propo.sed bv District. An LFMP amendment was approved by the City Council on December 14, 1993 relative to Zones 9 and 20, which has been applied by the City Council relative to new developmenl within the City. The Districi would request that the following language from the LFMP amendment be included in addition to the mitigation language set forth in the General Plan: "Prior to the approval of any final map or the issuance of any permits, the applicant for the final map or permit shall submit evidence to the City that impacts to school facilities have been mitigated in conformance with the City's Growth Management Plan to the extent pennitted by appiicable state law for legislative acts. If the mitigation involves a financing scheme such as a Mello- lUKHig/AfiAJN/10555 BY:XEROX TELECOPIER 7010 ; 3-16-94 9:36PM ; 714 851 2014^ 6194380894;tt 6 .MAR 16 '94 09:33 BPKD 11^1651-2014 ^> P. 6/6 BOWIE, ARNESON, KADI, WILES & GIANNONE Planning Commission March 16, 1994 Page 5 Roos Community Fadlities District which is inconsistent with the City's Growth Management Plan including City Council Policy No, 38, the developer shall submit disclosure documents for approval by the City Manager and the City Attorney which shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax and that the school district is the taxing agency responsible for the Hnancing district." D. Ci2ncltf$ion. Based on the current language in the General Plan and EIR relating to schools, the City's stated goal of adequate school facilities and funding cannot be achieved, and studenis residing within the City will be forced to attend overcrowded schools. Accordingly, we request that the City adopt the changes to the Policies and mitigation measures recommended by the District in order that all smdents in the City can be assured of a quality education starting with adequate schools. We would be pleased to provide the City wilh any additional infonnation it may require. Very truly yotu-s, BOWIE, ARNESON, KADL WILES & GIANNONE cc: Mr. Michael Holzmiller Mr. Ray Patchett Mr. Ron Ball Dr. George Mannon Mr. John Blair Mr. Alexander Bowie City of Carlsbad Planning Department February 2, 1994 Dennis Tumer Plaiming Department 2075 Las Palmas Drive Carisbad, CA 92009 SUBJECT: COMPREHENSIVE UPDATE TO THE CARLSBAD GENERAL PLAN (GPA 94-01) RESPONSE TO COMMENTS ON THE ENVIRONMENTAL IMPACT REPORT (EIR 93-01) Thank you for the comments you offered to the City during the public reviev\^ period of the Environmental Impact Report on the update of the General Plan. Attached to this letter, you will find a copy of the letter you submitted to our department and corresponding responses to your comments. Your letter and. accompanying responses will be incorporated into the Final Environmental Impact Report which will be further discussed at public hearings before the Planning Commission and City Council. You are invited to further participate in the Update process by attending these meetings. The Planning Commission hearing is tentatively scheduled for March 2, 1994; the City Council meeting has not yet been scheduled. I would like to suggest that you contact me at (619) 438- 1161, extension 4451 later in February to confirm the Planning Commission date. Thank you again for participating in the Update of the General Plan. Public input is very important to the City and your comments are considered very valuable. Sincerely, ADRIENNE LANDERS Senior Planner Attachment 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619)438-1161 November 2, 1993 TO: SENIOR PLANNER (LANDERS) FROM: Principal Planner (Tumer) GENERAL PLAN E.I.R. - IMPACTS TO SCHOOLS I'I A I ' h^ve reviewed the Draft E.I.R. for the General Plan and I believe that an error has been made in the doctiment's discussion about the impact of the revised General Plan on the school districts which serve the City. In Section S.12.7.3 (Environmental Impact) the draft states: "Potential impacts to the school districts...will ultimately be deiermined by the type and total number of residential development that occurs. While condominiums and town houses tend to generate fewer school-aged children, higher densitv affordable housing will generate larger numbers of school-aged children. The planned schools arc projected to fully accommodate the number of students at buildout." (Emphasis added.) I believe that the underlined portion of Section 5.12.7.3 is not a factual statement for the following reasons. I have been reviewing household size data ftom the 1990 U.S. Census of Population and Housing for some work unrelated to the General Plan update. This work caused me to review household sizes for the public at-large in comparison to household sizes for "lower-income" households, as defined in the City's inclusionary hotising program (i.e.: lower-income households - households whose gross household income docs not exceed 80 percent of the county median income, as detemiined annuaUy by HUD). The results of this investigation are shown in the attached Table 1: 1990 Household Sizes (By Unit-Type, by IiKome)". From this table, several observations can be made: 1. The over-all household size (for all types of hotising) is greater for the population at-large than the over-all household size of lower-income households. This is true both for the Cailsbad/Encinitas area (the smallest area for which income information of individual households can be reviewed) and the San Diego metropolitan area. 2. When looking at five types of housing (mobile homes, single-family detached, single- family attached, multifamily 2-4 units/building, and multi-family S-or-more- units/building), the average household size is greater for the population at-large than for lower-income households for each type of housing, both locally and regionally, with one exception. That is for MF 2-4 in the Carlsbad/Encinitas area, where the household sizes are 2.2S and 2.3S persons/household for at-large and lower-income households, respectively. Response HA: The discussion of impact to schools in the Final EIR has been revised according lo this comment. The inforniation regarding student generation from affordable housing and from similar housing types for the general population has been incorporated into the Final EIR. The difference between 2.25 and 2.35 persons per household is absolutely small, and relatively insignificant. Further, most of the affordable housing which will be produced in Carlsbad will be in multi-family units of 5 or more per building. Therefore, it should be concluded that a) in aggregate, lower-income affordable housing docs not generate greater family sizes, per unit, than the population at-large, and b) for the range of live different housing-types, lower-income households are not greater, per unit, in four types of housing and not significantly greater, per unit, in one type of housing than for similar types of housing for the population at-large. In addition. Section 5.12.7.3 suggests that higher densitv affordable housing will generate more children than other types of housing. Notvirithstanding the density or number of units within a single development, the City's growth management program requires that the total number of dwelling units in each of the City's four quadrants and, therefore, for the City- as-a-whole carmot exceed certain numerical caps, which caps are part of both the existing General Plan and proposed General Plan. These caps have been known to the school districts since the cap's adoption in 1986, and have been the basis for school plaiming during the intervening years. Since some developments, approved since the caps were established, have not utilized the maximum number of units which were authorized under the General Plan, these "excess" units can and have been set aside for later use in the City's formalized "Excess Dwelling Unit Batik". They can later be added to other sites (within the quadrant where they were generated) as density bonuses for lower-income housing without exceeding the caps. Since it is shown that the number of children per unit of lower-income housing is not greater than for the population at-large, and, since the total number of units of housing ("affordable" or otherwise) cannot exceed the caps established under the City's growth management plan, there is no rational basis for a statement which implies that lower- income households in any way vrill generate more children for the school districts to serve than households at-large. I would recommend that the draft EIR be revised to reflect the above facts and a coticlusion . based upon them. DENNIS A. TURNER Attachment: Table 1: 1990 Household Sizes HSHLDSI2.XLS Table 2:1990 Household Sizes (By Unit-Type, By Income, By No. of Beilrooms) Caographic Typa ot Total Household Siia (Parsons/Household ArM Unil Occ. D.U.I At Larga Lowar.Incoma* (x tOOOl (ANGroupst AH Lowar 1 Bad 2 Bad 3 Bad 4 . Bed MoMa 2.4 iTsa "iT38 1 00 1.38 1 81 1 35 Carlsbad/ SF Oatachad 30.4 2 89 2.31 202 1.94 2 09 2 48 Encinilai Sf Attachad 118 2 25 1 71 118 1 62 2 01 2 01 PUMA MF 2-4 3.9 2 25 2.35 2 44 2 45 2 03 2 10 MFSt 10.8 2 16 1 99 1,69 2.18 3 92 1 68 AN Unitl -|;53 _ 2 01_ Mobila 42 191 1 68 1 63 1 60 2 53 1 73 Emir* SF Oatachad 4S3 3.03 2 47 2 59 2 20 2 45 2 99 S O. MSA SF Attachad 80 2.63 2 56 2 42 2 29 2 78 3 69 MF 2-4 65 2 66 2 60 2 25 2 69 3 47 2 65 MFS» 237 2 24 2.15 1 76 2 59 374 1 71 AH Units -2 69 '2"30 Mmmm: U.S. CMWIM •! PO^UMMHI •nri Hnumnq. IttO (Ac ^oMdad by the S«n 0i*9a Attoeimuoti ol Covwnmaniii. * 'L*«rM-lfMom* HMIMIMW ' M 4«tim4 thm •«fn« M in lh« Cily'e Inetuvionarv Houamg Ot^nmne: ThOM houeahutdi whoae gmmt hauMhaM wmmmrn 4m—nt mmcmm4 WO pmicmni ml thm San Oi««o Couniy mtMrnn locom* Tha ISSO canwa labulaied ISSS tncomee. ISSS, lha SOih paraanula af aaunty wadiaw wwama waa l2S,aS0 (foi a houaahoM of tour paiaonai. STAFF PLANNER: ADRIENNE LANDERS STAFF REPORT ^ DATE: MARCH 16, 1994 (J) TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: EIR 93-01/GPA 94-01 - GENERAL PLAN UPDATE - A request for recommendation of certification of an Environmental Impact Report and recommendation of approval of a General Plan Amendment to comprehensively update the General Plan. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3630 RECOMMENDING CERTIFICATION of the Environmental Impact Report 93-01 and ADOPT Planning Commission Resolution No. 3631 RECOMMENDING APPROVAL of GPA 94-01, based on the findings and subject to the conditions contained therein, n. PROTECT DESCRIPTION AND BACKGROUND The City of Carlsbad incorporated in 1952 and adopted its first General Plan in 1965. In 1975, the General Plan was revised pursuant to new State requirements and several optional elements were added to address other City issues. Since its adoption, several General Plan elements have been revised and amended. In 1985, the Circulation, Housing, and Land Use Elements were updated and the Arts and Historic Preservation Elements were added. Recent changes include revisions to the Parks and Recreation, Housing, and Open Space and Conservation Elements. These elements were adopted by the City Council in 1991 and became part of the Draft General Plan which was presented to the public for review and input as part of the comprehensive General Plan Update process. The City elected to update the entire General Plan to address the changing conditions, circumstances, and policies within the City of Carlsbad and the San Diego region. The updated General Plan contains the most current technical information and is consistent with all applicable State legislation. In accordance with Govemment Code Section 65351, the City provided an extensive series of opportunities for public participation in the General Plan Update. The firm of Moore, lacofano, Goltsman, Inc. was retained to coordinate and facilitate the nine month program which included a mix of techniques to reach all segments of the community. Activities consisted of interviews with decision makers and chairmen of City commissions, a video, a 500 random phone call survey, newsletters, two citywide mailers, two townhall meetings, four workshops, four forums, youth activities, publicity campaign, and two summary reports. Approximately 1200 members of the community participated in these activities. Numerous changes were made to the General Plan as a result of public input received during the program. It is staffs opinion that the ® EIR 93-01/GPA 94-01 MARCH 16, 1994 PAGE 2 GENERAL PLAN UPDATE consensus of those participants was general agreement with the policies and programs the City has initiated. A calendar of public participation events is provided in Attachment 9. m. GUIDE TO GENERAL PLAN STAFF REPORT The General Plan is a complex and lengthy document to review, particularly with regard to the revisions that have been made. Due to the extensive revisions, a redline/strike out version of the text could not be produced. As mentioned above, some of the elements-Housing, Parks and Recreation, and Open Space and Conservation-were revised and adopted recently and therefore, have only minor changes. Other elements-PubUc Safety and Circulation-were completely rewritten. The Land Use Element has extensive revisions and additions and a redline/strikeout version is incorporated into the staff report as Attachment 6. Minor revisions to other elements of the General Plan can be found in the Errata as Attachment 5. All elements of the General Plan share some of the same common changes; other changes are specific just to a particular element. Roughly, there are four major categories of change to the General Plan as follows: 1) New format/organization 2) Text changes 3) Revised maps 4) New policies/programs Common to all elements, Specific to each element Specific to each element Specific to each element- Except Housing The matrix below provides a very brief overview of the changes that occurred in each element of the General Plan. Some elements have only minor modifications while others have more extensive revisions. The "X" indicates an area of revision; however, it does not represent the extent of change. ELEMENT New Topics Deleted Topics New Map and Graphics New Programs Major Policy Land Use X X X X X Circulation X — X X — Noise X — X X X Housing — — — — — Open Space and Conservation X — X X X Parks (fe Recreation X — X X — Public Safety X — X X — Arts — — — X — EIR 93-01/GPA 94-01 - GENERAL PLAN UPDATE MARCH 16, 1994 PAGE 3 To facilitate review of the document, the revisions common to all elements will be discussed first and then changes specific to each element will be reviewed, element by element. Also included are topics which are pertinent to the General Plan as a whole such as intemal consistency among elements, consistency with Califomia State Govemment Code and environmental analysis of the General Plan. The above discussions can be found on the following pages of the staff report: TOPIC PAGE New Format/Organization 3 Land Use 5 Circulation 14 Noise 15 Housing 20 Open Space & Conservation 20 Parks & Recreation 25 Public Safety 25 Arts 26 Local Coastal Plan 27 Implementing Policies and Programs 27 Environmental Analysis 27 Note: Discussion of the General Plan at the Planning Commission hearing will follow the order of the elements as listed above. IV. NEW FORMAT/ORGANIZATION COMMON TO ALL ELEMENTS A. Format - Over the years the General Plan was amended at various times without benefit of a standard format. When the City decided to do a comprehensive update of the General Plan, a subcommittee of the Planning Commission was estabUshed to reformat the existing Plan with a standard outline as follows: 1) Text, 2) Goals, 3) Objectives, and 4) Implementing Policies and Action Programs. Another important task requested of the subcommittee was to produce a document that was easy for the ordinary citizen to understand. When completed, this document was then used as the draft General Plan which was circulated for public review and subsequently used as the basis for the current document-the Draft Updated General Plan. The Updated General Plan is now a "user-friendly" document with a consistent format followed throughout all elements except the Housing Element. This particular element is required to comply with special State guidelines and is, therefore, somewhat different. All other elements adhere to the same basic outline mentioned earlier, followed by a new glossary section at the end of each element to define the more technical terms that were necessary in the text. B. Vision and Introduction - This is a new section added at the beginning of the General Plan. The Vision is a series of ten statements which serve as a foundation for development of the General Plan and are goals for decision makers, staff, residents, and businessmen to keep in mind when developing policy programs. The General Plan is EIR 93-01/GPA 94-01 - GENERAL PLAN UPDATE MARCH 16, 1994 PAGE 4 founded upon this vision. The Introduction is a guide to using the General Plan explaining its organization, goals, objectives, and implementing programs. A new matrix has been included to assist the reader in locating all of the information about a given subject when that subject is addressed in more than one place. C. Reduction in Number of Elements - Another important change to the overall format of the General Plan was the reduction in the number of elements. State law requires the General Plan to address issues influencing land use decisions, circulation, housing, conservation of natural resources, preservation of open space, the noise environment, and the protection of public safety. These issues are addressed in the seven mandatory General Plan elements required by State law (Califomia Govemment Code, Section 65300 et. seq.). Carlsbad has always combined two of these elements as one element, Open Space anci Conservation. Optional elements were prepared to address other important issues. Mandatory Elements Optional Elements Land Use Parks and Recreation Circulation Historic Preservation Open Space and Conservation Scenic Roadways Noise Arts Safety Public Facilities Housing In an effort to reduce the number and complexity of elements within the General Plan, the goals, objectives, policies, and programs of some elements have been retained, but have been incorporated into other elements of the Updated General Plan as follows: Historic Preservation > Open Space & Conservation Scenic Roadways > Circulation Public Facilities > Land Use D. Introduction to Each Element - The Introduction of each element has been revised to expand and clarify the intent of the element as well as to better reflect State law requirements. E. Editorial Changes - In many cases, the wording of a number of the existing goals, objectives, and action programs were changed sUghtly or consolidated. Staff does not believe that any of these minor wording changes have an impact on the overall intent of any of the proposed elements. V. TOPICS SPECIFIC TO EACH ELEMENT A discussion of the specific changes to each element of the General Plan is presented below. Each discussion follows the same basic outline with some modifications due to the particular EIR 93-01/GPA 94-01 - GENERAL PLAN UPDATE MARCH 16, 1994 PAGE 5 nature of each element. Following an introductory paragraph, subjects are generally presented in the following manner: A. Primary Changes to Element 1. New Topics 2. Deleted Topics 3. New Maps/Graphics 4. Specific Additions - New Goals, Objectives, Programs 5. MisceUaneous Changes B. Major Policy Emphasis C. Consistency with State Law D. Other The section called Specific Additions is basically a reference to an attachment to the staff report which Usts separately all the new goals, objectives, and implementing policies and action programs which have been proposed for each element. The section entitled Major Policy Emphasis is provided to present to the reader the most important policy changes which have been proposed in the revised element. LAND USE ELEMENT The last revisions to the Land Use Element occurred in 1985 when the element was updated to incorporate the Growth Management Plan and to reflect recommendations of an appointed Citizens' Committee. The present element has been extensively revised to address numerous new topics as discussed below; however, the major changes <x:cur with regard to commercial and residential land uses. Commercial designations have been redefined and in some cases consolidated. New policies have been added addressing compatibility between commercial and residential land uses, the provision of commercial uses in master planned and industiial areas, and the provision of programs to create a stronger economic focus in the City. Policies have been added regarding the need to have a full range of residential densities and the necessity of achieving minimum permitted densities. One of the major changes to this element is the consolidation and integration of the Public Facilities Element into the Land Use Element. A. Primary Changes to the Land Use Element 1. New Topics a. Development Code. Several new sections were added to briefly address sections of the Municipal Code which directiy relate to implementation of the General Plan. These include: the Zoning Ordinance (Titie 21); tiie Environmental Protection Ordinance (Titie 19); the Subdivision Ordinance (Titie 20); and tiie Uniform Building Code (Title 18). EIR 93-01/GPA 94-01 - GENERAL PLAN UPDATE MARCH 16, 1994 PAGE 6 City Form and Function. The section was updated to emphasize the fact that the City is developing as a balanced community witii four separate quadrants based arounci a central industrial corridor. Growth Management Plan. This section was added as a means of integrating the Public Facilities Element into the Land Use Element, thereby eliminating a one page element. The policies and programs of the Growth Management Program are briefly explained to estabUsh a link between land use planning and the actual provision of public facilities concurrent with need. New goals, objectives, and implementing policies and action programs were also added to address public facilities. Residential Densities. Discussion was added regarding the need to have a flill range of residential densities as well as the need to achieve the minimum density within a range to accomplish the goal of providing a variety of housing types, styles and price levels. A discussion of this change can be found on page 11, Major Policy Emphasis. Commercial. This section was completely rewritten to more accurately reflect and describe the commercial land uses which have developed in the City as well as to provide guidelines for the location and development of future commercial land uses in the City. The definitions of commercial designations have been extensively revised and a number of commercial designations have been consolidated. These proposed revisions are based on data developed by the Urban Land Institute and are intended to address the evolution that has occurred over recent years with regard to commercial development. The definitions have been revised to be less restrictive and more flexible to allow for a broader range of commercial activity to occur on a site. New types of anchor tenants (big box users, factory outiet centers, warehouse clubs and specialty centers) are also addressed. Some existing General Plan designations for commercial land uses function well; others are confusing and do not address commercial development as it has occurred in tiie City. For example, Intensive Regional Commercial is a designation set aside for planned shopping centers which works well. Extensive Regional and Regional Service designations do not function as well. Extensive Regional is set aside for fumiture, boats, farm machinery, and automobiles; Regional Service is set aside for service contractors, appliance repair, or dry cleaning plants. Commercial development in the City, with regard to Extensive Regional and Regional Service, has not occurred in these specific land use nodes but instead has integrated in with other commercial uses. To address this fact, the updated Land Use Element proposes a reduced number of designations. This proposal consoUdates all the regional categories with EIR 93-01/GPA 94-01 - GENERAL PLAN UPDATE MARCH 16, 1994 PAGE 7 similar large trade areas, such as Intensive Regional (RRI), Extensive Regional (RRE) and Regional Service (RS), into just one designation of Regional Commercial. Travel Service Commercial and Recreation Commercial were combined into Travel/Recreation Commercial because both designations basically address the travel or recreation needs of tourists, tiavelers, or residents. The section previously caUed Central Business District Commercial was renamed ViUage to reflect the term more commonly used by residents. It also recognizes the fact that the VUlage is no longer the only business district but one of several throughout the City. All commercial sites in the city have been reviewed and staff has determined that neither the new definitions nor the consolidations wiU negatively impact adjacent properties. Property boundaries will not be affected by the change in General Plan designations. Land uses allowed under the zoning ordinance for these properties will not be significantiy altered. Staff has proposed two new programs which address commercial land use designations. A discussion of this issue can be found on page 12, Major Policy Emphasis. f. Neighborhood Commercial. New programs and policies have been added to increase the compatibility between neighborhood commercial development and residential development. Master plans and specific plans will now be required to include a neighborhood commercial site or demonstrate that a nearby commercial site is adequate to meet the daily needs of residents. g. Industrial Commercial. Policies were also added to require industrial sites to provide sites to meet the commercial needs of employees of the business parks. A new program was added to allow, by conditional use permit, ancillary commercial uses when clearly oriented to support industrial developments and their populations. The intent of these policies is to meet the daily commercial needs of the large number of employees that populate the business parks and also to provide opportunities for economic enhancement of the industrial areas. The conditional use permit process wiU allow the City to review the proposed project and require any conditions necessary to ensure compatibUity. h. Unplanned Areas (UA). This section was previously called Non- Residential Reserve (NRR) and renamed Unplanned Areas. The new designation has been expanded to include unplanned residential areas. This is a clearer, more understandable term which simply states that areas with this classification do not have formalized plans for development and EIR 93-01/GPA 94-01 - GENERAL PLAN UPDATE MARCH 16, 1994 PAGE 8 as such are not yet ready to receive a general plan designation. Agriculture and other interim land uses are encouraged in these areas until their ultimate land use designations can be definitely established. Master plan properties under the Planned Community zone may also utilize the designation of UA to reserve land for future planning, however, such areas will require amendment to the master plan as well as all other actions necessary to redesignate the land. i. Coastal Zone Programs. This section explains the Local Coastal Programs and their connection with the General Plan. h. McClellan-Palomar Airport. This topic was previously discussed in several elements and difficult to locate. The airport is now formally addressed in Land Use, along with Goals, Objectives, and Implementing Policies and Programs. j. Agriculture. Although the previous General Plan addressed tiiis topic the proposed Land Use Element has briefly expanded this section to discuss the City's policy of supporting agricultural activities while planning for possible future transition of the land to more urban uses consistent with the policies of the General Plan and the Carlsbad Local Coastal Program. k. Regional Issues. This section recognizes the fact that, as separate entities, cities within San Diego County cannot solve region-wide issues; however, together they can develop a strategy to provide an improved quality of life. Carlsbad's role as a participant in this effort is acknowledged. 1. Areas Needing Additional Planning. This section addresses areas that have unresolved land use considerations which should be addressed prior to the (xjcurrence of a significant amount of further development. The City has planned for these areas on a General Plan level but due to their unique characteristics, they will require a more specific level of planning review to ensure that such characteristics are addressed comprehensively. Three areas of the City are identified at the present time while others may be added in the future. The three areas include the Barrio, the Buena Vista Creek Watershed, and the South Coast Commuter Corridor. m. Social/Service Needs. A new program has been added to require new master planned areas and residential specific plans to provide usable acres to be designated for community facilities such as daycare, worship, youth and senior citizen activities. It is important for large residential developments to provide locations to meet the daily needs of their residents. The new program creates an opportunity early in the planning process to integrate these sites into the overall project design and achieve neighborhood compatibility at the same time. EIR 93-01/GPA 94-01 - GENERAL PLAN UPDATE MARCH 16, 1994 PAGE 9 Barrio. Policies were added to preserve and support the ethnic heritage of the Barrio to set the foundation for future policies and programs which may be proposed as a foUowup to the ongoing Community Design and Land Use Plan for the Barrio. When this document is complete, goals, objectives, and programs which are relevant at the General Plan level wiU be integrated into the General Plan through the amendment process. Economic Development. Existing goals, objectives, and programs were strengthened to create a stronger focus on economic development. Deleted Topics The Plan. This section included a narrative addressing the 16 Year Horizon—1990, Saturation Plan, City Form, and Growth Monitoring. These topics are now discussed in the Introduction to the General Plan, as well as in the beginning of the Land Use Element. They contain updated information reflecting current city policies and programs related to growth and population. Urban Land Reserve Program. This section addressed a concept which allowed property owners the opportunity to "land bank" their holdings with the support of the city. Property owners would propose a Master Plan and apply the Williamson Act which would theoretically enable the property owner to request a property tax reduction by assessing land at its project value with respect to time. "This concept may have been applicable when most of the city was still undeveloped and there was concem over "leapfrog" development and the subsequent lack of adequate public facilities. Presentiy, however, the City's Growth Management Program ensures that development can occur only after, or concurrentiy with, the provision of public facilities. The designation of Unplanned Areas is stiU available for those areas which are not yet ready to be designated; the Williamson Act is stiU available to property owners wishing to pursue possible tax reductions on their property. Community Parks, Special Resource Areas, Special Use Facilities. These discussions are now addressed more completely in the Parks and Recreation Element and are deleted here to eliminate redundancy. Non-Residential Reserve and Urban Reserve. These were two sections that again addressed managing growth and preventing urban sprawl, similar to the Urban Land Reserve Program (b. above). These issues are now addressed in the Growth Management section as weU as in the new designation of Unplanned Areas which identifies those lands tiiat are not yet ready to be formally planned through a more specific land use designation. EIR 93-01/GPA 94-01 - GENERAL PLAN UPDATE MARCH 16, 1994 PAGE 10 e. Special Treatment Areas. This section identified areas that, because of existing conditions warranted special treatment when considering future land uses. This special treatment includes the use of specific plans or site development plans to ensure that comprehensive planning and appropriate safeguards were included in development. These areas included the downtown area, the Airport Influence area, the Carlsbad Raceway area, the three Regional Park sites considered by the County, South Coast Asphalt, the La Costa community core area, and the Agua Hedionda Land Use area. However, the subject areas are already addressed by some type of land use plan (master/specific plan, etc.) or provisions are existing to ensure that additional discretionary review is provided. Therefore, this section was deleted to eliminate redundancy. 3. New Maps/Graphics Charts, maps, etc. have been revised throughout the Land Use Element to provide more accurate and up-to-date information. New exhibits address issues related to maximum future dwelling units by quadrant, guidelines for commercial centers, school district boundaries, and Local Coastal Program boundaries. Additionally, the Land Use Map has been revised as foUows: a. Land Use Map. The Land Use Map is an integral part of the General Plan and graphically portrays the legation of land uses and major roadways. State law requires the map to be consistent with the text of the General Plan. Therefore, the proposed map reflects the changes put forward by the Updated General Plan. Generally, revisions to the map have occurred in three major areas: commercial designations, open space designations and "cleanup" changes. Changes to commercial designations simply reflect the name changes discussed earlier; no changes have occuned to boundaries. Attachment 11 has been provided which indicates the location of all changes as well as the rationale for each change. Revisions to the mapping of open space are more complex and fall into three major categories: i) Constrained lands have been mapped as open space and include beaches, permanent bodies of water, floodways, slopes greater than 40 percent, wetiands, riparian areas, and major powerUne easements. Although these areas are presentiy mapped, they do not depict precise boundaries. It is anticipated that boundaries will be modified slightiy in the future as more updated information becomes available through more detailed planning efforts, i.e., tentative maps. EIR 93-01/GPA 94-01 - G^ERAL PLAN UPDATE MARCH 16, 1994 PAGE 11 ii) Open space lands have been added that were previously/recentiy approved as open space as part of a master plan, specific plan, or dedicated on a final subdivision map. iii) Minor adjustments to open space have been made to correct prior mapping errors only and are merely a more precise depiction, at 10(X)-foot scale resolution, of approved open space. Staff has been able to more precisely map the boundaries of open space lands on the General Plan due to improved technology from the Geographic Information System (GIS). b. There have been numerous minor changes to the Land Use map which have been proposed to correct mapping errors, inappropriate designations, and more consistent assignment of some commercial designations. For example, a developed site which has a current designation of community commercial but which is too small to accommodate such development may have been redesignated as neighborhood commercial. The proposeci revisions are discussed on Attachment 10 and will be reviewed at the public hearing. It should be noted, as shown on this attachment, that some of the proposed redesignations wiU require further implementation in the way of zone changes to establish consistency between the General Plan Land Use Map and the Zoning Map. A program has been included in the Land Use Element to ensure that this occurs. Staff is prepared to begin this effort as soon as the General Plan is adopted. 4. Specific Additions Please refer to Attachment 4, page 1, for a listing of new Goals, Objectives, and Implementing Policies and Programs which have been added to the Land Use Element. B. Major Policy Emphasis As is reflected in the additions to the Updated Land Use Element, the major emphasis in terms of new policy direction is as follows: 1. Minimum Density for Residential Development. New text and programs were added to encourage proposed multi-family development to provide prcxiuct types and sizes that will ensure that the minimum density within a range is provided. In the past, the City has received development proposals, with a particular product style and size, that could only be built at a density below the minimum within a range (e.g., a proposed density of 7 du/ac in the RMH density range of 8.0-15 du/ac). EIR 93-01/GPA 94-01 - GENERAL PLAN UPDATE MARCH 16, 1994 PAGE 12 Staff is proposing this program to achieve consistency with the General Plan, to protect multi-family housing legations, and to provide a variety of housing types. Density in the City is regulated by the Land Use Element of tiie General Plan as weU as by the Growth Management Plan. Both of these documents estabUsh density based on ranges as follows: ALLOWED DWELLING UNFFS PER ACRE GENERAL PLAN DENSITY RANGES GROWTH MGMT CONTROL POINT RL 0 - 1.5 1.0 RLM 0 - 4.0 3.2 RM 4 - 8.0 6.0 RMH 8 - 15.0 11.5 RH 15 - 23.0 19.0 Per the General Plan and the Growth Management Plan, the density proposed for a development project may not exceed the growtii contiol point. It is staffs opinion, that just as the General Plan regulates the maximum density it also regulates the minimum density within a range. To make a finding of consistency with the General Plan, therefore, a proposed project must fall WITHIN the applicable density range. This supports two important General Plan Visions of "A City which offers ... residential areas with a wide range of housing types, styles, and price levels in a variety of locations" as well as "A City which provides a balanced variety of land uses for living ... opportunities". In staffs opinion, if it is determined that development can occur below the minimum density in a range, then a statement to that effect should be entered in the General Plan text or a finding must be established to utilize on future projects when determining consistency with the General Plan. The General Plan also designates higher density land uses along transportation corridors, and near employment centers and commercial areas with corresponding implementing policies and programs to ensure this occurrence. This is a weU recognized planning theory to reduce impacts (such as increased through-traffic) on lower density residential neighborhoods. The proposed minimum density program is also in keeping with this concept by protecting and reserving these strategically designated sites for more appropriate multi-family housing. A by- product of this concept is that when a variety of multi-family housing is provided at these locations, that often the housing provided is more affordable. This is also in keeping with the above-mentioned General Plan Vision to provide housing in a wide range of price levels. Commercial Designations. Two new programs have been added to the Land Use Element which require commercially-designated land to be reviewed every two years to determine the feasibUity and appropriateness of the commercial designation. These programs have been proposed to "fine-tune" policies which EIR 93-01/GPA 94-01 - GENERAL PLAN UPDATE MARCH 16, 1994 PAGE 13 have existed in both the General Plan and the Zoning Ordinance for some time. More important, however, is the fact that these programs implement the General Plan goal of "A City that achieves a healthy and diverse economic base by creating a climate for economic growth and stability to attract quality commercial development to serve the employment, shopping, recreation, and service needs of Carlsbad residents". As mentioned, the proposed programs simply fine-tune existing policies. The existing General Plan Land Use Element states "Excessive undeveloped commercial zoning should be regularly reviewed and evaluated for its ability to serve the community". This policy has been incorporated in the updated General Plan as weU (please refer to Commercial, C.l.f). The Zxmmg Ordinance maintains consistency with this policy in Section 21.52.150 as follows: 21.52.150 Review of zone changes. Zone changes, other than those initiated by the city, shall be reviewed by the Planning Commission one year after reclassification has been granted. In those cases where the new zoning has not been utilized within the one-year period, the Planning Commission shall consider whether the property should revert back to its original zone, remain as currentiy zoned, or be changed to a more appropriate zone. The Planning Commission may grant one extension not to exceed one year. (Ord. 9337 § 5, 1973) The intent of these policies is to ensure that commercial zone changes which may be speculative, may be revoked. Commercial land which is not developed in a reasonable time period, may then be reviewed and redesignated at a future time. The proposed program simply implements these policies and focuses attention on commercial development to notify property owners that this is an item the City intends to address in the future, although it has not done so in the past. In keeping with the General Plan goal of attracting, promoting, and achieving a healthy economic base for the community, the City has developed an economic strategy to encourage the attraction of revenue-producing businesses. The proposed programs support this effort because they reduce the possibUity of the City losing a promising revenue generator if a potential commercial developer wants to locate in the community but is refused due to the location of another nearby, undeveloped commercial site. The proposed program is also more equitable for property owners by allowing all appropriate sites to develop according to the same regulations on a first-come, first-served basis. Property owners are not penalized because another nearby, commercially-designated property is not ready to develop and may not be ready to develop for many years. This also allows the market analysis required for EIR 93-01/GPA 94-01 - GENERAL PLAN UPDATE MARCH 16, 1994 PAGE 14 each site to evaluate each site on its own merits rather than the speculative appraisal of a nearby, undeveloped commercial site. C. Consistency with the Purpose, Intent, and Specific Requirements of Section 65302(a) of the Califomia State Govemment Code. Consistent with Section 65302(a) of the State Govemment Code, the intent of tiiis element is to designate the proposed general distribution and general legation and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings, and grounds, solid and liquid waste disposal facUities, and other categories of public and private uses of land. The Land Use Element must include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The Land Use Element must also identify areas which are subject to flooding and, if appropriate, those areas that are available for timberland production. The text, charts, and graphs found in the Land Use Element identify residential densities and building intensities permitted throughout the City. Also designated are the general distribution and general location and extent of uses of the land. The text reflects both the anticipated level of land development and the road system necessary to serve that level of development. The Land Use Map identifies constrained areas which are not appropriate for development. The draft updated Land Use Element contains clear goals, objectives, and policies. Consistent with Govemment Code Section 65300.5, the Land Use Element provides implementation measures that have been tailored to operate effectively in the City. Specific implementing policies have been formulated to correlate and integrate with the policies and programs found in other elements of the General Plan. CIRCULATION ELEMENT The Circulation Element has been extensively revised to reflect new ltx;al policies as well as state and federal regulations. At a City level, a link was created with the Growth Management Program and the Capital Improvement Program by adding new language, policies, and programs to ensure timely completion of Circulation Element facilities. Also added to the element, were new and revised policies and programs to reference goals of Congestion Management and Traffic Demand Management planning efforts aimed at improving air quality and reducing traffic congestion at both a local and regional level. To be consistent with State law regarding circulation elements, a new section has been added to the revised Circulation Element to provide a comprehensive plan for the circulation of water, sewage, storm waters, etc. as weU as automobiles. Lastly, in the prior version of the General Plan, the City maintained a separate Scenic Roadways Element to accomplish the task of preserving and enhancing the scenic quality of the City along major roadways. This element has now been integrated into the Circulation Element. EIR 93-01/GPA 94-01 - GENERAL PLAN UPDATE MARCH 16, 1994 PAGE 15 A. Primary Changes to the Circulation Element 1. New Circulation Topics - New topics include sections for Scenic Roadways and Regional Circulation Considerations. The Scenic Roadways section was previously a separate element. The Regional Circulation Considerations section addresses regional goals such as Congestion Management and Traffic Demand Management. 2. Maps/Graphics - Existing graphics have been replaced with updated graphics for the City's Circulation Plan Map and Bicycle Routes Map. New graphics have been added to show High Pressure Gas and Petroleum Mains. 3. Specific Additions - Please refer to Attachment 4, page 10, for a listing of new goals, objectives, and implementing policies and programs which have been added to the Circulation Element. B. Major Policy Emphasis No major policy changes have been proposed in the Circulation Element. C. Consistency with the Purpose, Intent, and Specific Requirements of Section 65302 of the Califomia State Govemment Code Consistent with Section 65302 of the State Govemment Code, the intent of this Element is to provide an infrastmcture plan which concems itself with the circulation of people, gocxls, energy, water, sewage, storm drainage, and communications. The revised Circulation Element of the General Plan addresses each of these issues as well as concems of a regional nature. NOISE ELEMENT The Noise Element was last updated in 1975; however, since March 1990, City staff has been implementing Administrative Policy 17 which established noise standards for residential development and required the preparation of noise studies for projects. The format and content of the Noise Element has been revised to reflect current conditions and to update technical information. The updated Element includes revised noise contour maps; requirements for the preparation of noise studies; new noise mitigation policies; noise standards; and, policies addressing implementation of a Noise Guidelines Manual. A. Primary Changes to the Noise Element 1. New Topics A Sources of Noise section has been added to the element. This section discusses the primary sources of noise (roads, airport, rail, land uses and miscellaneous EIR 93-01/GPA 94-01 - GENERAL PLAN UPDATE MARCH 16, 1994 PAGE 16 mobile sources) impacting Carlsbad citizens and includes a description of the components that make up these noise sources. 2. Deleted Topics This Element has been completely reformatted, consequentiy, old topics have been consolidated into all new topics. 3. New Maps/Graphics Existing graphics have been replaced with updated graphics which include noise contour maps for the years 1990 and 2010. Specifics regarding the noise mapping are discussed in this section. 4. Specific Additions A number of additions were made to the Noise Element to address recommendations of the special Planning Commission Subcommittee (discussed below) as well as input from the City's noise consultant. Please refer to Attachment 4, page 17, for a listing of new goals, objectives, and implementing policies and programs which have been added to the Noise Element. B. Major Policy Emphasis 1. Residential Noise Standard The updated Noise Element that was circulated for public review included a policy that maximum noise levels of no greater than 60 dBA CNEL must be maintained in all residential areas except those impacted by noise from transportation corridors such as freeway, prime arterials, and the railroad. In those impacted areas, a noise level of no greater than 65 dBA CNEL was proposed. The importance of mitigating noise along these corridors is recognized by staff. There is also concem, however, regarding the Ukely mitigation measure which may often be necessary. This includes over-height sound walls, often in excess of 12 feet in height which could create adverse visual impacts. In response to pubUc input received during the MEIR review, staff has reconsidered its position and now supports the noise level of 60 dBA CNEL for ^ residential areas. To address the potential adverse visual impacts of very high walls, staff is recommending that the following policies be added to the Noise Element. Strongly discourage the exclusive use of noise walls as mitigation for noise along circulation element roadways. • Utilize natural barriers such as site topography or constructed earthen berms to mitigate noise on a project. When noise walls are determined to be the only feasible solution to noise mitigation, then the walls shall be EIR 93-01/GPA 94-01 - GENERAL PLAN UPDATE MARCH 16, 1994 PAGE 17 designed to limit aesthetic impacts. When over-height walls are necessary to mitigate noise, a berm/wall combination with heavy landscaping, a heavily landscaped, terraced wall, or other similar innovative wall design techniques shall be used to minimize visual impacts. 2. Sensitive Site Design on Development Proposals The updated element includes several new policies which emphasize the importance of sensitive site design to attenuate noise impacts. The intent of these policies is to reduce the effects of noise mitigation on residents, visitors, and employees of the project site as well as neighboring areas. To reduce the potential impacts of noise mitigation, new policies stiess the use of natural barriers, such as site topography, earthen berms, or building orientation rather than the exclusive use of noise walls. 3. City Funded Noise Mitigation Many older subdivisions in the City were built to standards that were less stringent than the current standard. As such, some residential projects may ultimately be impacted by noise levels above the City's current standard. As these projects were built to the standard in effect at tiie time of development, staff has recommended through a new policy that the City not participate in the financing of noise mitigation for existing projects or for projects with entitiements but which have not been built. The City will however, continue to require noise mitigation on new projects. Noise mitigation measures must continue to comply with City standards regarding height, setbacks, sight distance, view blockage, etc. The City will assist residents with the prcxiessing of necessary permits for mitigating noise on private property. These permits may include right-of-way encroachment permits, retaining wall permits, and variance permits for over- height walls. The City will also assist property owners in the establishment of assessment districts, to fund noise mitigation improvements, in accordance with established City policies and procedures. 4. Comprehensive Noise Ordinance The existing Noise Element directed staff to prepare a comprehensive noise ordinance; however, that program has been deleted from the Noise Element as presented. Staff has reviewed the issues related to implementing an ordinance and determined that the costs of implementing a noise ordinance outweigh the benefits (see summary table of pros and cons below). This determination was based on the following rationales: The City receives few noise complaints - an average of 5 - 10 a year, the majority of which are complaints about parties and barking dogs. These complaints are most often resolved through existing ordinances including: EIR 93-01/GPA 94-01 - GENERAL PLAN UPDATE MARCH 16, 1994 PAGE 18 Construction Noise CMC 8.48 Loud Parties CMC 3.36040, CA Penal Code Section 415 Animals CMC 7.04.010 Motor Vehicles CMC 8.28.030 It is staffs position that nuisance noise in the City can be adequately addressed by utilizing existing ordinances, ensuring thorough development review; and, implementing the policies and programs presented in the updated General Plan. PROS AND CONS IMPLEMENTATION OF A COMPREHENSIVE NOISE ORDINANCE PROS CONS • Potential immediate solution to minor current noise problems. • Only minor complaints now. • Immediate methods to address future problems. • Expensive. • Consistent resolution of problems. • Labor intensive. • Comprehensive approach rather than case-by-case. • City must have staff trained to use noise monitoring equipment. • Fines, etc. discourage repeat offenders. • May encourage complaints when problems are very minor. Avigation Easements The updated Noise Element includes provisions that require avigation easements to be obtained for residential projects approved within the 65 CNEL noise contour of McClellan-Palomar Airport. Avigation easements are air rights easements which protect air traffic lanes around the airport and generally indemnify airport operators of liability from noise. The Comprehensive Land Use Plan (CLUP) for the airport finds that residential land uses are incompatible with noise impacts above 65 CNEL. The policies of the General Plan support this standard; however, in the City there are existing, residentially-designated properties within the 65 CNEL. Project site design may be able to preclude some, but not aU, residential units from locating within these areas. Therefore, should the City decide to approve a residential project within the 65 CNEL noise contour of the airport, avigation easements will be required to indemnify both the City and the County of San Diego. This policy is consistent with the direction City CouncU gave to staff during hearings on the Comprehensive Land Use Plan (CLUP) for the airport. EIR 93-01/GPA 94-01 - GENERAL PLAN UPDATE MARCH 16, 1994 PAGE 19 C. Consistency with the Purpose, Intent and Specific Requirements of Section 65302 of the Califomia State Govemment Code Consistent with Section 65302 of the State Govemment Code, the intent of this element is to: (1) analyze and quantify current and projected noise levels for highways, freeways, prime arterials, major local streets, railroad operations and ground rapid transit systems, airport, and major noise sources contributing to the community noise environment; (2) utiUze the noise contours as a guide for establishing a pattem of land use that minimizes the exposure of residents to excessive noise; (3) provide for policies consistent with the Comprehensive Land Use Plan (CLUP) for McClellan-Palomar Airport; and (4) recognize the guidelines established by the Office of Noise Control in the State Department of Health Services. The Noise Element of the General Plan guides decisions related to noise impacts on land use. Policies of this element ensure that noise is effectively considered in the land use plamung process. Consistent witii Section 65300.5 of the State Govemment Ccxle, this element is internally consistent as well as integrated with the other elements of the general plan, such as the Land Use and Circulation Elements. D. Other 1. Noise Guidelines Manual A Draft Noise Guidelines Manual was prepared as part of the technical study to update the Noise Element. This manual, developed for the layman witii appropriate sections for noise consultants and city staff, is intended to provide the user with guidelines and procedures to implement the policies of the Noise Element. The Manual established non-residential exterior noise guidelines, non- residential interior noise guidelines, standard submittal requurements for noise studies, minimum qualifications for noise consultants, defines noise, outiines noise measurement methcxlology, and includes a land use/noise compatibility matrix. Staff anticipates bringing this document to the Planning Commission for review and approval following adoption of the Noise Element. 2. Planning Commission Subcommittee Recommendations In 1988, a special Planning Commission subcommittee was appointed to reformat tiie existing Noise Element and propose recommendations witii regard to noise policy for the Updated General Plan. They were also directed to develop a noise policy to address ti^ansportation corridor noise. In addition to the overall reformatting, the subcommittee's work has been incorporated into the proposed Noise Element as follows: • Recommendations are reflected in revisions to the element as well as in the Draft Noise Guidelines Manual. EIR 93-01/GPA 94-01 - GENERAL PLAN UPDATE MARCH 16, 1994 PAGE 20 • Requirements of Administrative Policy 17 (approved by Planning Commission as an interim noise measure) have been integrated into the element. HOUSING ELEMENT The Revised Housing Element was adopted on October 22, 1991 and certified by the State Department of Housing and Community Development on May 26, 1993. There have been no revisions to the dcxjument since its adoption. One of the primary conclusions of the needs analysis of the Housing Element is that within the City there exists a large need for, but a lack of, housing affordable to households in the lower-income groups. The Housing Element includes an ambitious array of 42 housing action programs, the implementation of which will enable the provision of housing opportunities to all economic groups within the City. During the past 2 1/2 years the City has implemented the majority of the Housing Elements action programs. The major programs implemented to date include: Inclusionary Housing Ordinance, Inclusionary Housing In-lieu and Impact Fees, Density Bonus Ordinance, Density Increase PoUcy, Development Standards Mcxiification Ordinance, and Priority Prcx^ssing Program. Other major housing programs which will be considered for implementation within 1994 include: Second DwelUng Units, Non-Residential Development Housing Impact Fee, Rental Stcx;k Monitoring, Senior Housing Amendments and Managed Living Units. OPEN SPACE & CONSERVATION ELEMENT The Open Space and Conservation Element (OS&C) was last updated in September 1991. The updated Element includes the recommendations from the Open Space and Conservation Resource Management Plan (OSCRMP), accepted by City Council in September 1992. Policies have also been added consistent with the City's habitat planning efforts on both the local and regional levels. Should the City adopt a habitat management plan, the OS&C Element will, in all likelihocxi, require an amendment to address new habitat planning policies and programs. Revisions to the Open Space and Conservation Element reflect the efforts of the Citizens' Committee to Stiidy Open Space, the Open Space Advisory Committee, and comments received at more than 30 public meetings, workshops, and hearings. The element has been revised to include five new sections including: Promoting Agriculture; Fire Risk Management of Open Space; Air Quality Preservation; Water Quality Protection; and Historic and Cultural Preservation. The section on Historic and Cultural Preservation addresses the text, goals, objectives, policies, and programs that were previously a part of the Historic Preservation Element. Incorporating these into the Open Space & Conservation Element allowed staff to stieamline the General Plan slightiy by eliminating one small element. A. Primary Changes to the Open Space and Conservation Element 1. New Topics and Major Changes a. For organizational clarity and in an effort to consolidate elements, tiie following topics have been added to this element: 1) Promoting EIR 93-01/GPA 94-01 - GENERAL PLAN UPDATE MARCH 16, 1994 PAGE 21 Agriculture; 2) Fire Risk Management; 3) Air Quality Preservation; 4) Water Quality Protection; and 5) Historic and Cultural Preservation. Open Space and Conservation Resource Management Plan. Since adoption of the Element in 1991, numerous additions were made to directiy reflect the recommendations of the OSCRMP as well as the City's habitat planning efforts. New sections specifically addressing agriculture, fire risk management, air quality, and water quality have been added. In addition, the Historic Preservation Element has been consolidated with this Element. Further, a few goals and objectives were moved to policies, and a few policies were moved to objectives. Some objectives and policies were deleted as they referred to the development of an Open Space and Conservation Resource Management Plan, which has been completed. Framework for Open Space and Conservation Planning. A new information section has been added to the element called, "Framework for Open Space and Conservation Planning". This section contains the definition of open space and includes the five categories of open space used in the OSCRMP. In an effort to integrate the OSCRMP into tiie Element, tiie following topics have been covered in this section: Open Space Definition and Classification System; Protection of Open Space Lands; Constrained Lands; Precluding Development on Open Space Lands; Existing and Approved Open Space; Citywide Open Space Plan; and. Maps of the Open Space and Conservation Element. Air Quality Preservation and Water Quality Protection. The new goals, objectives and policies of these sections support the protection and preservation of air and water quality consistent with state, regional and local efforts. Fire Risk Management. The new goals, objectives and policies of this section are intended to ensure that fire risk management issues, associated with undeveloped open space, are adequately identified during the planning and acquisition of open space lands. Deleted Topics The Open Space and Conservation Elements have been fully integrated with these revisions. As such, the separate Conservation section has been deleted from the element. The Goals, Objectives and PoUcies of tiie Conservation Section have been moved to the appropriate sections of tiiis dcxjument. EIR 93-01/GPA 94-01 - GENERAL PLAN UPDATE MARCH 16, 1994 PAGE 22 b. As the OSCRMP has been completed, the framework for preparation of an Open Space and Conservation Resource Management Plan section has been deleted. c. The open space definitions of the OSCRMP will be included in the glossary at the end of the element. 3. New Maps/Graphics Existing graphics have been replaced with updated graphics which include: 1) Official Open Space and Conservation Map; and 2) Conceptual Open Space and Conservation Map. 4. Specific Additions Please refer to Attachment 4, page 21, for a listing of new goals, objectives, and implementing policies and programs which have been added to the Open Space and Conservation Element. B. Major Policy Emphasis As reflected in the above additions to the element, the major emphasis in terms of new policy direction is as follows: 1. Implementation of the OSCRMP - The updated element implements the recommendations of the OSCRMP, accepted by City Council in September, 1992. These policies include recommendations for future open space action priorities as well as finance and implementation strategies for obtaining future open space. 2. Habitat Planning Efforts - New policies have been added to this element supporting the City's habitat planning efforts and encouraging continued regional coordination of habitat planning efforts. C. Consistency with the Purpose, Intent, and Specific Requirements of Section 65032, of the Califomia State Govemment Code Consistent witii Section 65562 of the State Govemment Code, the intent of this Element is to: (1) establish policies for the protection, preservation and conservation of environmentally sensitive resources; (2) provide specific programs for the preservation and conservation of land and natural features, and for regulations necessary to contiol tiie possible negative impact of development which may be allowed; (3) identify and protect, where appropriate, existing vacant open land, natural resources and environmental features as integral and necessary components of the Open Space and Conservation Element; and (4) provide a framework and guidelines for open space and conservation systems as identified on the open space and conservation maps. EIR 93-01/GPA 94-01 - GENERAL PLAN UPDATE MARCH 16, 1994 PAGE 23 The Open Space and Conservation Element of the General Plan ccx)rdinates and guides decisions related predominantiy to the undeveloped land and water resources which influence and shape Carlsbad's physical environments. The Open Space Element specifically serves as an official policy statement for the identification, preservation, conservation, acquisition and maintenance of open space in the City. The Conservation Element specifically addresses resource management - the planned management of natural resources to prevent exploitation, destmction or neglect. The Open Space and Conservation Element programs apply citywide, as indicated on the maps titled "Official Open Space and Conservation Map" and "Conceptual Open Space and Conservation Map". These maps identify important recreation, ecological, natural, scenic resources and proposed linkage routes relating to a comprehensive trail and greenway system. They also identify hazardous areas which should not be developed, and identify where development should be limited to ensure public health and safety. PARKS AND RECREATION ELEMENT The Parks and Recreation Element was revised and adopted in 1991. Minor revisions in this update include changes to inventories and tables, as well as new programs to reflect biological and conservation concems of the City's habitat planning efforts and the Open Space and Conservation Resource Management Plan. There are no major policy changes that have been made in the update of this element. Current revisions include only one major change which addresses the recommendation of the San Diego Association of Govemments' (SANDAG) report. Regionally Significant Open Space - Definition. Three of the City's Special Resource Areas (Lake Calavera, Agua Hedionda Lag(X)n, and Batiquitos Lagoon) and one community park (Veterans Memorial) have been identified as Regional Open Space Parks, in addition to their primary city park classification. This identification simply denotes that the parks are part of the region's park system; however, they will continue to function pursuant to their primary park classification. A. Primary changes to the Parks and Recreation Element 1. New Topics A Parks and Recreation Development Plan summary section has been added to the element. This section was added to summarize the information of the element and to provide a reference to the park location maps and the Uses in Recreation Areas Table. 2. New Maps/Graphics All maps have been revised to reflect park locations and new park names. EIR 93-01/GPA 94-01 - GENERAL PLAN UPDATE MARCH 16, 1994 PAGE 24 3. Specific Additions a. The Growth Management section was mcxlified by adding a statement that the number of dwelling units identified in Proposition E was estimated at 54,600. Population estimates both existing and buildout, were changed to reflect the best data available. b. The Needs Generated by Industrial Uses section was modified to include the park mitigation fee as a requirement of Lcxjal FacUities Management Zones 13 and 16. c. The Park Inventory Introduction section was modified by identifying three Special Resource Areas and one Community Park as Regional Open Space Parks. The Regional Open Space Park designation is a regional designation established by SANDAG in their Regionally Significant Open Space Report. This designation was added to tiie element to be consistent with the recommendations of SANDAG's Regional Growth Management Strategy. d. The Future Recreational Development section was mcxlified by consolidating the information of the Anticipated Future Park Development Projects section into a table. Also, language has been added to this section summarizing the Recreational Facility Financing Committee recommendations. e. The inventory in the Uses in Recreation Areas Table was modified by deleting sculpture park in the northwest quadrant, and by adding the ballfields in the northeast quadrant. Additionally, future park demand acreages were modified to reflect the new population estimates (obtained from the 1990 Census) accepted by the City CouncU in 1992. The decreased population estimates have resulted in a lower demand for future parkland. The park buildout demands have been reduced appropriately reflecting the new census data. Please refer to Attachment 4, page 33, for a listing of new goals, objectives, and implementing policies and programs which have been added to the Parks and Recreation Element. B. Major Policy Emphasis No major policy changes have been proposed in the Parks and Recreation Element. C. Consistency with the Purpose, Intent and Specific Requirements of Article 5, Scope of General Plan of the Califomia State Govemment Code EIR 93-01/GPA 94-01 - GENERAL PLAN UPDATE MARCH 16, 1994 PAGE 25 The Parks and Recreation Element is an optional element of the General Plan as provided for in Section 65303 of the Govemment Ccxle and as such has no required issues that must be addressed to be in compliance with State code. AU programs and policies included in the Parks and Recreation Element have been integrated into other elements of the General Plan, including the Land Use and Open Space and Conservation Elements. PUBLIC SAFETY ELEMENT The Public Safety Element, formerly the Geologic and Seismic Safety Element, was entirely rewritten and expanded. Updated technical information was provided to address many additional public safety topics both in the text as well as in the section addressing Goals, Objectives, and Implementing Policies and Programs. A. Primary Changes to Public Safety Element 1. New Public Safety Topics - Text was expanded to address several additional potential hazards. Topics now addressed include: fire, disaster preparedness, hazardous materials, crime, McClellan-Palomar Airport, oU spiUs, and electiomagnetic fields (EMFs). The revised element also updated geologic, seismic and flcxxl hazard technical data. This resulted in an extensive set of maps, available at Community Development Services, which identified geologic and seismic hazards, inactive faults (no active faults in City), catasttophic dam failure inundation, and slope percentages (0-25%, 25-40%, and 40-1-%). A matrix of land uses was included which identified land uses which are appropriate to these specific conditions and/or locations. A layman's version of the geologic history of the Carlsbad area. The Geologic Story of Carlsbad, was prepared to describe the rock and soil units that may be encountered within the City limits. In addition, common concems relating to the field of geology are discussed and measures to correct or minimize these concems are describal. This bcxiklet is also available to the public at Community Development Services, 2. Maps/Graphics - Existing graphics have been replaced with updated graphics which include: 1) Seismic Faults; 2) 100 Year Flood Boundaries; 3) High Pressure Gas & Petroleum Mains; 4) Airport Influence Area; and 5) Electric Transmission Lines and Substations. 3. Specific Additions - Please refer to Attachment 4, page 33, for new goals, objectives, and implementing policies and programs which have been added to tiie Public Safety Element. B. Major Policy Emphasis Electromagnetic Fields (EMFs). The major emphasis in terms of new policy direction in this element addresses the issue of electro-magnetic fields. Although there has been a great deal of discussion, speculation, and controversy with regard to EMFs, at this time EIR 93-01/GPA 94-01 - GENERAL PLAN UPDATE MARCH 16, 1994 PAGE 26 there have been no scientific standards developed to establish safe levels of exposure. The Public Safety Element proposes that the City monitor research in this field as well as regulatory proposals of federal and state health and environmental agencies until comprehensive land use procedures are developed and required by such agencies. C. Consistency with the Purpose, Intent and Specific Requirements of Article 5, Scope of the General Plan of the Califomia State Govemment Ccxle. Pursuant to Califomia Govemment Code Section 65302(g), public safety elements must be included in general plans to protect the community from any unreasonable risks asscxjiated with the effects of seismically induced surface mpture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides; subsidence and other known geologic hazards; flcxxling and wild land and urban fires. Safety elements must also address evacuation routes, peak load water supply requirements, and minimum road widths and clearances around stmctures. Elements are also required to be reviewed by the Division of Mines and Geology of the Department of Conservation. The proposed Public Safety Element addresses the issues required by State code as weU as other relevant safety issues such as hazardous materials, crime, disaster preparedness, airport hazards, oil spills and electromagnetic fields. The element has been reviewed by the Division of Mines and Geology; however, no comments were received from that agency. Programs and policies of the Safety Element have been integrated, where appropriate, in other elements of the General Plan, such as Land Use, Circulation and Open Space and Conservation. ARTS As the shortest element of the General Plan, there were few changes to the text of this section other than the overall reformatting. However, numerous goals, objectives, policies and programs were added to the Arts Element, with an emphasis on the development of one or more permanent facilities for the exhibition, performance, rehearsal, discussion, or teaching of visual and performing arts and cultural endeavors. A. Primary Changes to the Arts Element 1. Specific Additions - Several additions were made to directiy reflect the recommendations of the Arts Commission who participated in reviewing this element. Please refer to Attachment 4, page 38, for a Usting of new goals, objectives, and implementing policies and programs which have been added to the Arts Element. B. Major Policy Emphasis No major policy changes have been proposed in the Arts Element. EIR 93-01/GPA 94-01 - GENERAL PLAN UPDATE MARCH 16, 1994 PAGE 27 C. Consistency with the Purpose Intent and Specific Requirements of Article 5, Scope of General Plan of the Califomia State Govemment Code. The Arts Element is an optional element of the General Plan as provided for in Section 65303 of the Govemment Code and as such has no required issues that must be addressed to be in compliance with State code. All programs and policies in the Arts Element have been integrated, where appropriate, into other elements of the General Plan. VI. LOCAL COASTAL PROGRAM (LCP) The Coastal Act of 1976 requires that individual coastal jurisdictions, to implement State law, must adopt Lcx;al Coastal Programs (LCP) which are designed to protect coastal resources. Approximately one third of Carlsbad is Icxiated in the coastal zone and is subject to LCP regulations. In these areas, proposed development must comply with both the requirements of the General Plan and the LCP. As required by the Land Use Element, if inconsistencies exist between the Lcxial Coastal Program and the General Plan, the terms of the Local Coastal Program must prevail. The City is currentiy assembling coastal regulations which have been adopted in the past at separate times and for separate geographic areas, into a single Local Coastal Program. Once this dcxiumenl receives effective certification the City will assume the authority to issue coastal permits from the State. vn. IMPLEMENTING POLICIES AND PROGRAMS Attachment 4, General Plan Programs, Status and Implementation, contains a list of implementing policies and programs found in the General Plan. These have been included as a separate document as a first step in developing an annual monitoring program for the General Plan as required by Govemment Code Section 65400. This requirement is addressed in a new program in the Land Use Element to monitor the status of the General Plan and the City's progress towards implementation. On an annual basis, staff will prepare a list of still outstanding programs which would be addressed by the City Council during their yearly Goals and Objectives discussion in December/January. This list would then be reviewed and evaluated during budget and Capital Improvement Program hearings. Priorities would be assigned with subsequent staff direction provided. A report would then be presented to the Planning Commission and the City Council, followed in October by the mandated reports to the Department of Housing and Community Development (HCD) and the Office of Planning and Research. The 1994 report will address the numerous zone changes and zone code amendments required to implement the updated General Plan. vm. ENVIRONMENTAL IMPACT ANALYSIS The Update of the Carlsbad General Plan included the preparation of a Master Environmental Impact Report (MEIR). The provisions for Master EIRs were established in Assembly Bill 1888 EIR 93-01/GPA 94-01 - GENERAL PLAN UPDATE MARCH 16, 1994 PAGE 28 which was signed into law in 1993. The bill was written for the purpose of streamlining the CEQA prcwess and authorizes the use of a Master EIR to: 1) allow complex and controversial environmental impacts to be analyzed and addressed early in the CEQA prcxiess; and 2) reduce or eliminate subsequent, redundant analysis of environmental impacts. Cities are allowed to prepare Master EIRs concurrentiy with any comprehensive or substantial update of their General Plan. The MEIR then serves as the primary source of environmental information for CEQA review of later development proposals for a five-year pericxi following certification. Please refer to Attachment 7 for a fiow chart illustrating the MEIR relationship to subsequent projects. The Master EIR evaluates a broad range of potential environmental impacts associated with long- term implementation of the updated General Plan and allows the City to consider broad policy altematives and programmatic mitigation measures. The degree of specificity used to analyze the potential adverse environmental impacts is related to the broad nature of the policy recommendations contained in the updated General Plan. The Master EIR includes the same contents presentiy required for all EIRs plus a description of anticipated subsequent projects that are within the scope of the Master EIR. The Master EIR assumes the "worst case", or highest yield of development permitted under the updated General Plan. It focuses on the environmental impacts that are Ukely to result from long-term implementation of the Plan and addresses the following issue areas: - Soils and Geology - Hydrology - Air Quality - Biological Resource - Population/Housing - Health, Safety & Nuisance Factors - Land Use - Aesthetics - Circulation - Utilities & Public Services - Cultural/Paleontological Resources - Natural Resources - Noise The program-wide mitigation measures identified in the MEIR will be achieved by implementing policies and programs which are part of the General Plan. Many of the program-level measures will require further refinement as the project-level impacts of subsequent projects and appropriate project-level mitigation measures are determined. While implementation of some of the mitigation measures will be ongoing, implementation of other measures will cx;cur only if the need arises. Certain programmatic mitigation measures will be subject to funding availability. Based on the data and conclusions in the MEIR, it has been determined that the updated General Plan wiU have potentially significant but mitigable impacts in all areas except Air Quality and Circulation. With these two exceptions, all impacts can be mitigated to level of less than significant by the implementation of the programs and policies presented in the General Plan. Cumulative impacts to Air Quality and Circulation are significant and cannot be mitigated due to regional ambient air quality conditions and regional through-traffic over which the City has no contiol. These two items are discussed briefly below. EIR 93-01/GPA 94-01 - GENERAL PLAN UPDATE MARCH 16, 1994 PAGE 29 - i) Air Ouality. Implementation of the updated General Plan will result in increased gas and electric power consumption and vehicle miles ti^veled. These subsequentiy result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates or aerosols. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Regional ambient air quality conditions, combined with regional traffic contribute to the non-attainment of daily State and Federal standards for such air pollutants and are not within the ability of the City to contiol. All feasible mitigation measures to reduce air quality emissions for the project have been applied and State and Federal standards will be exceeded with or without the proposed project. AU project altematives, including the No Project altemative, wUl also result in emission standards being exceeded within the air basin. Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Final MEIR to the extent possible by the City of Carlsbad. A variety of mitigation measures are recommended in the Final MEIR to minimize short-term air quality impacts. These include: 1) provisions for roadway and intersection improvements to reduce carbon monoxide emissions at congested intersections prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage altemative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. Short-term impacts are not significant locally, but are cumulatively significant because the area is located within a non- attainment air basin. There are no known additional measures that can reduce air quality impacts for the proposed project without significantiy interfering with the project objectives. Please refer to Section 5.3-1 of MEIR 93-01 for further details. ii) Circulation. BuUdout of the updated General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommcxlate buildout Oiaffic; however, 20 intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional contiol. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the adopted Growth Management performance standards at buildout. EIM 93-01/GPA 94-01 - GHNERAL PLAN UPDATE MARCH 16, 1994 PAGE 30 Numerous mitigation measures have been recommended in the Final MEIR to reduce circulation impacts. These include: 1) measures to ensure the provision of circulation facUities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. Impacts from local tiaffic are not significant, but are cumulatively significant due to regional through-traffic. The diversion of regional tiirough-traffic from a failing Interstate or State Highway onto City stieets creates impacts that are not within the jurisdiction of the City to contiol. There are no known additional measures that can reduce circulation impacts for the proposed project without significantiy interfering with the project objectives. Please refer to Section 5.7-1 of Master EIR 93-01 for further details. A Statement of Overriding Considerations is proposed to address impacts to Air QuaUty and "!irculation and is contained in attached Planning Commission Resolution No. 3630 for artification of the MEIR. Eleven (11) letters of comment were submitted during the public view period and have been included with attached responses in the Final MEIR. MMARY The updated General Plan and the Master Environmental Impact Report are consistent with all applicable legislation. Based upon the required mitigation measures, no significant adverse wironmental impacts will occur due to implementation of the project except for impacts to Air lality and Circulation. As addressed in the Statement of (Dverriding Considerations, it has en determined that the benefits of the Project have been balanced against the environmental ^sequences and the benefits of the Project have been found to override the long term aificant effects. Therefore, staff is recommending approval of EIR 93-01 and GPA 94-01. TACHMENTS Planning Commission Resolution No. 3630 with attached Mitigation Monitoring Report 2. Planning Commission Resolution No. 3631 3. Final Master Environmental Impact Report (previously distributed) 4. New General Plan Goals, Objectives, and Implementing Policies and Programs 5. Errata 6. Revised Land Use Element (redline/strikeout) 7. Master EIR Flow Chart 8. General Plan Programs, Status and Implementation (sample) 9. Public Participation Calendar 10. Proposed General Plan Designation Changes 11. Location Maps AL:vd Febraaiy 1. 1994 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. 3630 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING CERTIFICATION OF A MASTER ENVIRONMENTAL IMPACT REPORT, EIR 93-01, ON THE COMPREHENSIVE UPDATE OF THE CARLSBAD GENERAL PLAN INCLUDING A STATEMENT OF OVERRIDING CONSIDERATIONS AND ATTACHED ADDENDUM. CASE NAME: GENERAL PLAN UPDATE CASE NO: EIR 93-01 WHEREAS, the Planning Comniission did, on the 16th day of March, 1994, the Sth day of April, 1994, and the 20th day of April, 1994, hold a duly noticed pubUc hearing as prescribed by law to consider a comprehensive update of the General Plan including a detaUed review and subsequent update of aU the elements, existing background information, tables and map figures, graphics, goals, objectives, poUcies, and programs; and WHEREAS, at said pubUc 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 Master Environmental Impact Report and Addendum, attached as Exhibit "A" and; NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That Master Environmental Impact Report EIR 93-01 and Addendum has been completed in conformance with the Califomia Environmental Quality Act, the State guideUnes implementing said Act, and the provisions of Title 19 of the Carlsbad Municipal Code and that the Planning Commission has reviewed, considered and evaluated the information contained in the report. C) That Master Environmental Impact Report EIR 93-01 and Addendum wiU be amended to include the coniments and documents of those testifying at the public hearing and responses thereto, hereby found to be in good faith and reason by incorporating a copy of the minutes of said pubUc hearings into the report. 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 D) The Master Environmental Impact Report EIR 93-01 and Addendum as so amended and as evaluated in the staff report (March 16, 1994), is recommended for acceptance and certification as the final environmental impact report and Addendum and that the final environmental impact report and Addendum as recommended is adequate and provides reasonable information on the project and all reasonable and feasible alternatives thereto, including no project. E) That the Master EIR analyzes direct and secondary effects that could occur from conceptual buildout of the General Plan and wiU be used to determine when subsequent environmental review is needed for specific development proposals that are consistent with the General Plan. F) That the Master EIR has been circulated to interested pubhc and private agencies and parties with a solicitation of commeni and evaluation pursuant to the requirements of the CaHfornia Environment Quality Act of 1970 (CEQA). Findings: 1. That the following findings are made relative to the conclusions of the Final Master Environmental Impact Report for the comprehensive update of the Carlsbad General Plan based on the Final MEIR text and Addendum, including comments and responses to the draft EIR, and all documents, maps, public testimony and illustrations included in the public record. 2. That the Final MEIR and Addendum will serve as the primary source of environmental information for CEQA review of subsequent projects for a five-year period foUowing certification. 3. That each and every significant environmental impact identified in the Final Master Environmental Impact Report and Addendum would be overruled or counter- balanced by changes or alterations in the project which would mitigate against said adverse impacts or in the case of Air Quality and Circulation, that mitigation of such adverse impacts is not feasible under the circumstances and that a Statement of Overriding Considerations is contained herein, to support the approval of the project. 4. That the Addendum attached to the Final Master EIR compUes with the provisions of CEQA in that: a. None of the concUtions described in Section 15162 of CEQA calling for the preparation of a subsequent EIR have occurred; b. OiUy minor technical changes or adcUtions have been provided to make the MEIR more complete; PC RESO NO. 3630 -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 c. The Addendum does not contain significant new information not previously discussed in the MEIR nor alter significantly the conclusions of the MEIR; d. The Addendum does not need to be circulated for pubUc review but wiU be attached to the Final MEIR and wiU be considered by the decision-making botUes concurrent with the Final MEIR. 5. That the MEIR mitigation measure which states "Require residential development to achieve the minimum density stipiUated under the appropriate General Plan designation unless approved by a General Plan amentiment" shaU be deleted wherever so stated because the Planning Conunission finds that the range of density categories is sufficient to provide balanced housing consistent with the Housing Element without the need for requiring the minimmn density within each range to be achieved. 6. That the foUowing findings are made pursuant to Section 21081 of the California Public Resources Code and Section 15091 of Title 14 of the California Code of Regulations. a. Public Resources Code Section 2108Ua). The decisionmakers, having reviewed and considered the information contained in the Final MEIR for the proposed update of the Carlsbad General Plan, and having reviewed and considered the information in the pubhc record, find that changes have been incorporated into the project which mitigate or avoid or substantially lessen the significant environmental impacts thereof, except in the areas of Air Quality and Circulation as discussed below: i) Air QuaUty. Impacts. Implementation of the updated General Plan wiU result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Findings. A variety of mitigation measures are recommended in rhe Final MEIR to minimize short-term air quality impacts. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through fhe implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation PC RESO NO. 3630 -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 in regional growth management strategies when adopted. Short-term impacts are not significant locally, but are cumulatively significant because the area is located within a non-attainment air basin. Facts in Support of Findings. The City CouncU finds that no additional measures are known that can reduce air quality impacts for the proposed project without significantly interfering with the project objectives. See Section 5.3-1 of Master EIR 93-01 incorporated herein by this reference. ii) Circulation. Impacts. Buildout of the updated General Plan will result in increased traffic volumes. Roadway segments wiU be adequate to accommodate buildout traffic; however, 20 intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include aU freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the adopted Growth Management performance standards at buildout. Findings. Numerous mitigation measures have been recommended in the Final MEIR to reduce circulation impacts. These include: 1) measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. Impacts from local traffic are not significant, but are cumulatively significant due to regional through-traffic. 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. Facts in Support of Findings. The City Council finds that no additional measures are known that can reduce circulation impacts for the proposed project without significantly interfering with the project objectives. See Section 5.7-1 of Master EIR 93-01 incorporated herein by this reference. Public Resources Code Section 21081 (bl. The decisionmakers, having each reviewed and considered the information contained in the Final MEIR for the proposed update of the Carlsbad General Plan, and having reviewed and considered the information contained in the public record, find that there are PC RESO NO. 3630 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 no changes or alterations to the project that would substantially lessen the significant environmental impacts of the projects and that these are the responsibility and jurisdiction of another public agency and should be adopted by such other agency. c. Public Resources Code Section 21081(c). As discussed above, the Final MEIR concludes that development of the project as proposed would result in significant, unmitigated cumulative impacts to air quality and circulation. However, pursuant to Public Resources Codes Section 21081(c), the decisionmakers find that none of the project alternatives, as analyzed in Table 2.0-2 of Master EIR 93-01, reduce the impacts to air quality and circulation to less than significant because the primary sources of impacts are regionally generated and not within the jurisdiction of the City to control. STATEMENT OF OVERRIDING CONSIDERATIONS: Section 15093 of the CEOA Guidelines The decision makers, having reviewed and considered the information contained in the Final MEIR, and having reviewed and considered the public record, find that the foUowing factors support approval ofthe project despite any significant impacts identified in the Final MEIR and, therefore, make the following Statement of Overriding Considerations. The City of Carlsbad finds that the mitigation measures discussed in the CEQA findings and the Final MEIR (EIR 93-01), when implemented, avoid or substantially lessen most of the significant effects identified in the MEIR. Nonetheless, certain significant effects of the project on AIR QUALITY and CIRCULATION are unavoidable even after incorporation of all feasible mitigation measures such as those listed in Section 5.3-1, Air Quality, and Section 5.7-1, Circulation of Master EIR 93-01. The impacts to Air QuaUty and Circulation are regional issues which require regional solutions and are beyond the jurisdiction of the City to control. The City has included text, and numerous programs and policies which acknowledge the City's responsibility and willingness to participate in regional efforts to resolve these issues. The City required an Updated General Plan which reflects the current goals of the community and recognizes the quaUty of life standards that are fundamental to the citizens of Carlsbad. The benefits of adopting the Updated General Plan outweigh the incremental contribution to regional Air QuaUty and CircvUation impacts. Conditions: 1. The Carlsbad General Plan Update Environmental Impact Report Mitigation Monitoring and Reporting Program is attached as Exhibit "A", dated March 16, 1994, and should be referred to for all conditions, mitigation measures, and momtoring programs applicable to subsequent discretionary actions at the appropriate level of project implementation. PC RESO NO. 3630 -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 2. Revisions to EIR 93-01 shaU be made, as necessary, to ensure that aU dcxniments are consistent with approved changes to General Plan Update GP 94-01. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, Califomia, held on the 20th day of April, 1994, by the follov\dng vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Savary, Commissioners: Schlehuber, Noble, Welshons, Erwin & HaU. None. Commissioner Betz. None. PEGGY^'gAvARY, Chairpersc CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMILLER Planning Director PC RESO NO. 3630 -6- EXHIBIT "A" ADDENDUM TO MASTER EIR 93-01 APRIL 20, 1994 The foUowing minor technical changes or additions are included as addendum to Master EIR 93-01 to provide more accurate and complete information. The Addendum does not need to be circulated for public review but vAW be considered by the decision-makers concurrently with the MEIR. ENVIRONMENTAL IMPACT REPORT pg 2.0-16 BIOLOGICAL RESOURCES #21 Prohibit motorized off-road vehicle use in the City except at the Carlsbad Raceway. POPULATION/HOUSING 2. Require rGsidontial dovGlopmcnt to achieve the minimum density stipulated under the appropriate General Plan designation unless approved by a General Plan amendment. (Land Use Elomont, RcGidontial, C.2.) pg 2.0-19 pg 2.0-21 LAND USE 15. Roquiro all parcels of land located in the Airport Influence Area to rccoivG discretionary approval as followo: parcels over 25 acres in size must process a specific plan; aU smaller parcels must process oithor a site development plan, plaimed industrial permit or other discretionary permit.- Any dcvGlopmont proposals in this area should also bo submitted to the County Airport Land Use Commission for thoir review. (Land UGG Element, Special Planning Considerations, C.l.) Require all parcels of land locate in the Airport Influence Area to receive discretionary approval as follovvs: all parceb must process either a site development plan, planned indtj^'al permit or other discretionary permit Unless otherwise approved by City Council, development proposals must be tn compUance with the noise standards of the Comprehensive iand Use Plan (CLUP) and meet FAA requirements with respect to building height as well as the provision of obstruction lighting when appurtenances are pennitted to penetrate the transitional surfece (a 7:1 slope from tlie runway primary surfece). Consider Counly Airport Land Use Commission recommendations in the review of development proposalsii 6. Enforce the policy of the City that sixty five (65) (60) dBA... 7. Require that a noise study be submitted with all discretionary applications for residential projects of five or more single-family and any mtilti-famiiy dwelling units... 14. Apply the noise mitigation guidelines of the Noise Guidelines Manual to aU proposed development within the 65 60 dBA... pg 5.5-3 #2 Roquiro rcGidontial dcvolopmcnt to achieve the minimum density stipulated under the appropriato Gonoral Plan dosignation unless approved by a Gonoral Plan amendment. (Land Use Element, Residential, C.2.) pg 5.6-17 #15 Requiro all parcels of land located in tho Airport Influonco Aroa to rccoivo discretionary approval as foUows: parcels over 25 acres in size must procoss a specific plan; aU smaUor parcels must process oithor a sito dovolopmont plan, planned industrial permit or other discretionary permits Any dovolopmont proposals in this aroa should also bo submitted to tho County Airport Land Use Commission for their review. (Land Use Element, Special Planning Considerations, C.l.) Require all parcels of land located in the Airport Influence Area to isceive discretionary approval as follows; all parcels must process either a site development plan, planned industrial permit, or other discretionary permit. Unless otherwise approved by City Council, development proposals must be in compUance with the noise standards ofthe Comprehensive Land Use Plan (CLUP) and meet FAA reqtiirements with respect to building height as well as the provision of obstruction lighting when appurtenances are pernutted td penetrate the transitional surface (a 7:1 slope from the runway primaiy surface). Consider County Airport Land Use Commission recommendations in the review of development proposals. CIRCULATION pg 5.7-10 last paragraph beginning with Une 4 "...buUdout traffic; however, 20 12 fufl and 2 partial intersections within Carlsbad will be severely impacted by regional through traffic over which the City has no jurisdictional control. (The partial intersections are those fbr wMcfa responsibility is shared with neighboring jurisdictions) These intersections are shown on Map 5.7-7: Impacted Intersections." pg 5.7-12 see attached replacement map pg 5.7-13 first paragraph, line 3 "...General Plan roadway configuration, 3012 fiill and 2 partial intersections are identified..." second paragraph, line 1 "The 30 impacted intersections were then analyzed..." fifth paragraph, line 3 "Assuming General Plan roadway configurations, twenty 12 Ml and 2 partial intersections were identified..." NOISE pg 5.9-9, section 5.9.3, paragraph 3, line 4 "levels above 65 CNEL adjacent to freeways, state highways, prime arterials, airport or rail corridor, and futuro rosidcntial silos with roadway noise levels abovG 60 CNEL adjacent to all other Circulation Element roadways, will be required..." pg 5.9-14 7. Require that a noise study be submitted with all cUscretionary applications for residential project of five or more single-famUy dwelUng units and any multi-family dweUlng units..." 14. Apply the noise mitigation guidelines of the Noise Guidelines Manual to all proposed development within the 6& 60 dBA CNEL... pg 5.12.7-2 UTILITIES AND SERVICES replace Map 5.12.7-1 with revised map showing corrected San Marcos/Carlsbad School District boundaries. PARKS AND RECREATION pg 5.12.8-4 Table 5.12.8-1 Uses in Recreation Areas, page 2 of 2, line three Agua Hedionda Lagoon, ownership ST 1 TECHNICAL APPENDICES APPENDIX B - MITIGATION MONITORING PROGRAM pg 23, #21 - BIOLOGICAL RESOURCES Prohibit motorized off-road vehicle use in the City except at the Carlsbad Raceway pg 23 POPULATION/HOUSING 3T—Roquiro rosidontial dovolopmont to achiovo the minimum donsity stipulated undor the appropriato Gonoral Plan designation unless approved by a General Plan amendment.—(Land Uso Element, Residential, C.3.) Additionally, delete the balance of the line on the mitigation monitoring checklist showing when applied, etc.. pg 29 9. Pursuant to Section 65400(b) of the Govemment Code, the Planning Commission shaU do both of the following: (a) Investigate and make recommendations to the City Council regarding reasonable and practical means for implementing the general plan or element ofthe general plan, so that it will serve as an effective guide for orderly growrth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of pubUc ftinds relating to the subjects addressed in the general plan, (b) Provide an annual report, by October 1 of each year, to the Gty Council, the Office of Planning and Research, and the Department of Hotising and Community Development regardingi (1) The status of the plan and progress in its implementation, including the progress in meeting its share of regional bousing needs determined pursuant to Section 65584 and local efforts to remove govemmental constraints to the. maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583. (2) The degree to which its approved general plan compUes with the guidelines developed and adopted pursuant to Section 65040.2, and the date of the last revision to ijie general plan. (Land Use Element^ Overall Land Use Pattem, C13.) 10. Develop a periodic five year plan to thoroughly review tiie General Plan and revise the document as necessary. (Land Use Element. Overall land Use Pattern^ C.14.) 11. Develop a program estabUshing poUcies and procedures for amending both mandatory and optional elements of the General Plan. (Land Use Element, OveraU Land Use Pattem, C.l 5.) 12. Update the adopted Local FaciUties Management Plans to reflect relevant changes mandated by the General Plan Update. (Land Use Element, Overall Land Use Pattem.) 13. Conduct a comprehensive review of General Plan boundary Unes when improved technology becomes available so that boundary lines fbUow assessor property lines as closely as possible. In addition, where General Plan boundaiy lines spUt an individual parcel into two or more sections, the boundary lines shall be located as accurately as possible based on mapping done at the time of project approvai. (Land Use Element, Overall land Use Pattem.) 14. Update and revise all maps affected by the General Plan Update to reflect land use changes, (Land Use Element, Overall Land Use Pattems.) 9r 15. "Permit the approval of discretionary actions ..." iOr 16, "Limit medium and higher density residential ..." HTT 111 "EstabUsh development standards ..." •tSr IB. "Require comprehensive environmental review ..." -1^ 19. "Require that the construction of all projects ..." 44? 20. "Strictly adhere to the natural resource ..." 21. Participate in programs fhat restore and enhance the City's degraded natural resources. (Land Use Element, Environmental, Cll.) 22. Implement the Batiquitos Lagoon Enhancement Pian. (Land Use Element, Environmental, C,12.) i&7 23. "Require aU parcels ..." 24. "Coordinate with, the San Diego Association ..." pg 31 ITT^ 25. "The following mitigation measures shall ..." pg 47 NOISE 6. Enforce the poUcy of the City that sixty fivo (65) 60 dBA... 7. Require that a noise study be submitted v^th aU discretionary appUcations for residential projects of five or more single-family and any mtilti-fanuly dwelling units... pg 49 14. Apply the noise mitigation guidelines of the Noise Guidelines Manual to aU proposed development within the 65 ||i dBA... NOTE: Changes made to the Mitigation Monitoring Checklist in the Technical Appendices wiU also be made in the Mitigation Monitoring Checklist attached to Planning Commission Resolution No. 3630. ADDED RESPONSE TO 5B LETTER OF COMMENT FROM THE CITY OF ENCINITAS DATED NOVEMBER 3, 1993 Additional information regarding traffic has recendy become available pertaining to projects which are proposed within the City of Encinitas near the southem boundary of Carlsbad. If these projects are developed^, it is possible that additional intersections south of La Costa Avenue and El Camino Real will not have adequate capacity to accommodate traffic at buildout of the City. Increased traSic at impacted intersections vnll be caused by cumulative regional through-trafiic and will be beyond the abiUty of the City to control. This additional infonnation does not alter the conclusions of the MEIR vdth. regard to Circulation, In this area, the EIR has determined that there are significant and unmitigable impacts. The City is proposing to make a Statement of Overriding Considerations to address this issue* Environmental review of the Updated General Plan addresses the broad nature of programs and policies outlined in the General Plan of the City of Carlsbad. It does not address potential projects which may be proposed in adjacent cities. However, there are policies v«thin fhe General Plan which require Carlsbad to "enter into discussions and negotiations with other cities, the county, or responsible agencies when prospective developments in their areas are incompatible with adjacent Carlsbad areas in regards to land uses, deitsity, and type of dwellings of zoning,.," The Generai Plan is a progri level document and does not address environmental impacts created by specific projects. Such issues are more appropriately addressed when individual projects are submitted to the City, Minutes of: Time of Meeting: Date of Meeting: Place of Meeting: PLANNING COMMISSION 6:00 P.M. April 20, 1994 CITY COUNCIL CHAMBERS CALL TO ORDER: Chairman Savary called the. Regular Meeting to order at 6:03 p.m. PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Commissioner Hall.. ROLL CALL: Present: Chairman Savary, Commissioners Enwin, Hall, Noble, Schlehuber, and Welshons Absent: Commissioner Betz Staff Present: Michael Holzmiller, Planning Director Gary Wayne, Assistant Planning Director Chris DeCerbo, Senior Planner Brian Hunter, Senior Planner Adrienne Landers, Senior Planner Don Neu, Senior Planner Van Lynch, Planning Technician II Eric Munoz, Associate Planner Terri Woods, Associate Planner Bobbie Hoder, Senior Management Analyst Bob Wojcik, Principal Civil Engineer David Bradstreet, Parks and Recreation Director COMIVIENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA: There were no comments from the audience. APPROVAL OF MINUTES: Chairman Savary announced that Karen Hirata, Deputy City Attorney, who is unable to attend the meeting due to illness, requested a change to the Minutes of April 6,1994 on page 9. She requested that the last sentence of paragraph 4 read as follows: "...that this draft EIR, with the exception of a few minor changes, is the same one which was presented to the public, so it is not the same as the Laurel Heights situation". ACTION: Motion by Commissioner Erwin, and duly seconded, to approve the Minutes of the Regular Meeting of April 6,1994, as amended. VOTE: 6-0 AYES: Chairman Savary, Commissioners Enwin, Hall, Noble, Schlehuber, and Welshons NOES: None ABSTAIN: None CONTINUED PUBLIC HEARING: 1. EIR 93-01/GPA 94-01 - GENERAL PLAN UPDATE - A request for recommendation of certification of an Environmental Impact Report and recommendation of approval of a General Plan Amendment to comprehensively update the General Plan. MINUTES PLANNING COMMISSION April 20, 1994 PAGE 2 Adrienne Landers, Senior Planner, reviewed the events of the General Plan public hearing from the two previous meetings, for the benefit of the Commissioners. She then explained the housekeeping changes contained in Errata #5. This errata includes changes requested by the Commission at the previous two meetings as well as an addendum that needs to be made to the EIR. The reason for the addendum is because the circulation study outlined 20 impacted intersections which could not be mitigated; however the study failed to mention that some of those impacted intersections were not located within the City limits. Staff has corrected the number of impacted intersections from 20 to 12 full intersections and 2 partial intersections. Ms. Landers stated that the addendum also includes comments from the City of Encinitas which state that there may be additional impacted intersections south of La Costa Avenue and El Camino Real if projects proposed within the City of Encinitas are constructed. These intersections would be impacted by regional through traffic and are beyond Carlsbad's jurisdiction to control. However, the General Plan does contain statements which require the City to work with nearby cities in addressing land uses where there is potential incompatibility. Staff is doing as much as possible to address those issues but there still may be impacts which are beyond the City's jurisdiction. The inclusion of this comment from the City of Encinitas does not change either the impacts or the conclusions of the EIR. There are still significant but unmitigable impacts with regard to circulation. Commissioner Welshons referred to the map which shows the intersections of Melrose and Rancho Santa Fe and inquired if the projected intersections are based on developments which have been approved in other jurisdictions but not yet constructed. Ms. Landers replied that the information used by staff was based on the 1990 traffic model provided by SANDAG. That model was based on information provided to SANDAG by adjacent cities. Ms. Landers stated that oniy one comment was received regarding the Housing Element. Margie Monroy, representing the League of Women Voters, requested that the technical information for the Housing Element be updated to include the census data from the 1990 census. Although this information may be available on a local level, it cannot be used until SANDAG has compiled the data on a regional level, which may take two more years. Commissioner Welshons inquired if the Housing Element could be invalidated if we don't use the same data throughout the document. Ms. Landers replied that the 1990 census data was used as a baseline for noise and circulation, however it was not available when the Housing Element was prepared. Mr. Wayne added that the Housing Element is governed by an entirely different section of State law, which specifies what data must be used. Carlsbad cannot replace the 1980 census data in the Housing Element with 1990 census data until SANDAG completes their regional needs study. Commissioner Welshons inquired when the SANDAG study will be available. Mr. Wayne replied that Carlsbad was due to update its Housing Element in 1996. However, due to budget constraints, that has been pushed back two years. He anticipates that it will probably be in 1998. Ms. Landers stated that the Housing Element was adopted and has already been certified by HCO. Commissioner Hall referred to page 60 of the Housing Element regarding CEQA Program 4.1 and asked staff to explain the housing impact fees. Mr. Wayne replied that this section means that when you provide for all levels of income within the City boundaries based upon jobs/housing, that the employees don't have to travel as far to work in the City, and that contributes to an overall reduction of air pollutants. Commissioner Hall thought it had been decided to strike that. Ms. Landers replied that the Commission had discussed deleting it as a mitigation measure under air quality; however, there was no decision made. Staff had mentioned that the Commission may want to include a recommendation to the City Council to not approve that particular study when it is completed. MINUTES PLANNING COMMISSION April 20, 1994 PAGE 3 Commissioner Hall stated that there is a lot of documentation in the General Plan which relates to that study. He does not like to vote on something if he hasn't seen the facts to substantiate it. Ms. Landers replied that the Commission would only be voting on having a study done; the City Council has already approved the Housing Element and the need for a study to evaluate that particular fee. Commissioner Hall referred to page 72 regarding job/housing impact fees and inquired if the study will also call for some type of impact fees. Ms. Landers replied that the study would evaluate the possibility of doing that. Commissioner Enwin inquired if this section means that a nexus study is needed and that those corporations bringing in higher paying jobs would not be required to pay the fee. Mr. Wayne replied that it would probably be done by categories, i.e. retail, research and developrnent, manufacturing. Michael Holzmiller, Planning Director, added that the nexus study only shows that businesses located in the City do have employees that need lower income housing. That nexus study wiil be used by the City Council to decide whether or not the City wants to charge a fee. Commissioner Erwin inquired if this means that the impact of the particular company will dictate the amount that they will have to pay. Mr. Holzmiller replied yes. Commissioner Schlehuber commented that whenever you establish a nexus and fee situation, it has to be legally upheld. He is sure that the City attorney will give it close scrutiny. Commissioner Hall referred to page 99, Objective 2.2, Development Standards, and requested staff to address modified codes and standards. Mr. Holzmiller replied that this is the ordinance which has already been adopted. It allows, by site development plan, consideration for modifying development standards. The Planning Commission and the City Council have already used that ordinance on a couple of projects. It allows the City the ability to modify development standards in order to get affordable housing in projects. Commissioner Hall referred to page 109 and requested staff to explain the balance regarding housing impact fees. Mr. Holzmiller replied that this is the study which has been done to determine if the City wants to charge nonresidential housing impact fees. Commissioner En^vin referred to page 108, Objective 3.11, where it discusses reducing the size of housing by reducing costs and increasing affordability. In the policy paragraph, where it discusses reducing the lot size, he Inquired if we will maintain our minimum setbacks, (20 ft. front, 5 ft. side, and 10 ft. back) or would setbacks also be reduced. Mr. Holzmiller replied that there are no plans to reduce the setbacks. This program has already been implemented by the PUD ordinance which is currently in effect. When the Housing Element was written, it included all of the things that were currently being done. Commissioner Erwin stated that he is also concerned about Objective 4.1. He states that this indicates we will do a study and then take action. Mr. Holzmiller replied that the nexus study has already been prepared by staff, although it hasn't gone to City Council yet. That nexus study fulfills all the programs and objectives in the Housing Element. Staff considers this study to be complete. The City Council may just decide to file the information. Commissioner Enwin inquired if it will be up to the City Council whether or not to charge a fee and who will be required to pay the fee. Mr. Holzmiller replied that this is correct. As far as staff is concerned, they have completed their task. Commissioner Hall doesn't read it that way. He believes that a lay person who reads this would assume a fee is required. Chairman Savary stated that the Commissioners should state their views and objections before the tentative vote. That will go into the record as a recommendation to the City Council. MINUTES PLANNING COMMISSION April 20, 1994 PAGE 4 Commissioner Welshons inquired if the Commission is allowed to change a word from "will" do something to "may" do something. Mr. Holzmiller replied yes. Commissioner Welshons commented that Commissioner Enwin's point is that the sentence reads "...these measures will include but are not limited to the requirement for the developers to contribute and in-lieu fee." She thinks Commissioner Hall is correct in assuming that a lay person picking this up would think a fee is required. Gary Wayne, Assistant Planning Director, replied that the structure of the paragraph is that staff will do a study and where adverse impacts are identified, mitigation measures will be considered. The Council has the right, ability, and purvue to say they don't want to do anything. The measures they will be considering include all of those things and they can say no to every one of them. Doing the study is all the City has ever committed to. It hasn't committed to adopting it, it hasn't committed to taking actions on initiating a fee or requiring employer assistance to finance affordable housing, it hasn't committed to any of those things by the City Council approving this program 4.1. Commissioner Hall stated that this study has a tremendous impact on the future of Carlsbad. Not knowing what the outcome of that is, and the way the sentence is worded, he has a lot of difficulty accepting it. He thinks we have the cart before the horse. In his opinion, this should be added after the study, not now. He sees no reason to do it now. Commissioner Schlehuber stated that the City can only amend the General Plan four times a year. This is a General Plan proposal. He is in favor of doing something tonight because we can't turn around and amend the General Plan the moment the City Council adopts it. Commissioner Schlehuber could accept the use of the word "may" as suggested by Commissioner Erwin. Mr. Holzmiller replied that if the wording a causing a problem, it can be changed. He reassured the Commission that the only intent is to bring the study fonward to City Council. Commissioner Welshons stated that some of the Commissioners may have no qualms about a study but they may have a problem with the whole idea of a fee. She thinks using the word "may" might diffuse the problem. Commissioner Schlehuber doesn't know how the Commission can vote on this when they have no information on the study. Until all the facts are on the table, it would be impossible to decide the feasibility of such a fee, and that in itself would require a full public hearing. Commissioner Enwin couldn't find any reference in the Housing Element to the use of minimum densities. Ms. Landers replied that this information is not in the Housing Element, but rather the Land Use Element. It was also included in the EIR but has now been deleted. Commissioner Schlehuber stated that he could not accept any reference to minimum densities In the Housing Element and, if it is included, he would like it stricken. Ms. Landers requested a clarification of which "will" needs to be changed to "may." Commissioner Welshons stated: "Where adverse impacts are identified, mitigation measures will be considered to reduce the impacts. These measures may include...". Commissioner Welshons called for an informal poll on all those in favor of changing "will" to "may" in Program 4.1. The sentence should read, "These measures may include...". The vote was 6-0 in favor. Commissioner Schlehuber called for an informal poll on all those in favor of accepting the Housing Element and all errata sheets, with the understanding that staff will correct anything in the Element that refers to a requirement for a minimum density. The vote was 5-1 with Commissioner Hall voting no. MINUTES PLANNING COMMISSION April 20, 1994 PAGES Commissioner Hall requested that the record show he voted no because of the wording in 4.0 and 4.1. Ms. Landers advised the Commission that when the General Plan goes fonward to the City Council, it will be in the form of a clean copy, including all of the changes made by the Commission. The agenda bill will include a discussion of the issues that are important to the Planning Commission. All comments and opinions will be included. Terri Woods, Associate Planner, reviewed the comments made regarding the Open Space and Conservation Element. • Density Transfers. Ms. Besecker recommended density transfers in conjunction with providing open space. Staff believes it is premature to include this wording in the Open Space Element because it is just one of the methods under consideration at this time as part of City habitat management planning efforts. This topic is covered in the preliminary draft of the Habitat Management Plan and staff feels that is the correct place for density transfers to be addressed. • Protection Measures. Dolores Welty, on behalf of Project Future, discussed a lack of specific protection measures for sensitive resources. She also expressed concern about the amount of time the City might take in developing future programs for open space. Ms. Welty cited several policies which she believes might take a long time to develop. One policy is to develop an inventory of habitat in the City. Staff has already completed this program through the HMP efforts. The open space mapping has been completed through the Open Space & Conservation Resource Management Plan. Constrained lands have been mapped to a level of 400 scale, which is much more highly defined than that of most cities. Ms. Welty suggested that the City consider a much larger percentage of land to be set aside as open space and claims that we only set aside 15%. In actuality, the City requires 15% of the developable land. Further, all constrained lands must be set aside. Together, this far exceeds 15%. Staff is currently working on a multi-species habitat plan which, if the HMP is ever approved, would result in far more open space in the City. Staff does not recommend changing the 15% growth management requirement for open space at this time. • Financing. Ms. Welty made several comments regarding financing of open space. The Open Space & Conservation Resource Management Plan does include several means to finance open space, including a possible general obligation bond and an assessment district to pay for maintenance and liability of a trail system. Staff is also looking at numerous financing mechanisms for a habitat management plan, including a mitigation fee and general obligation bond. • Sherman Property. Richard Chick commented about the constrained lands mapped on the Sherman Property in Zone 25. A good portion of his property is heavily constrained. To alleviate his concerns, staff has no problem leaving the designation as hatched, with the understanding that a General Plan Amendment will be required at the time a specific plan comes fonward. • Sunny Creek Property. Chase Coman commented about the heavy constraints on his mother's property in Sunny Creek. Staff has written him a memo stating that we agree with a minor adjustment of the open space boundary on his property. This change is reflected on the new draft Land Use Map. - Trails. Commissioner Hall commented that whenever trails are mentioned, they should be referred to as proposed trails. Staff has looked at the logistics of doing this but decided it woukJ be cumbersome to add the word proposed throughout every document which discusses trails. Therefore, staff would prefer to include a citation in the minutes that the trails are proposed until a financing mechanism is in place. This would alleviate the need to process a General Plan Amendment once financing is confirmed. Commissioner Hall inquired if the Open Space Element or the Parks & Recreation Element should be changed. Ms. WocxJs replied that staff would prefer to remove the reference to proposed trails in the Parks MINUTES PLANNING COMMISSION April 20, 1994 PAGE 6 & Recreation Element and then leave the Open Space Element alone. A citation would be added that trails are proposed until maintenance and liability can be financed. Commissioner Hall stated that his only concern is next week or next month there may be a whole new set of players. He wants the General Plan to mention that the trails are proposed rather than have to refer back to Minutes. After several suggestions were discussed. Commissioners and staff agreed that a sentence be added to C.l as follows: "Until such financing mechanism is in place, the trail system shall be considered proposed." Commissioner Welshons called for an informal poll on all those in favor of accepting the Open Space & Conservation Element, with the added sentence in C.l regarding the trail system as proposed, and a change to the Sherman property to the split general plan designation of TS/O/OS. The vote was 6-0 in favor. Adrienne Landers, Senior Planner, stated that there had been no public comments with regard to the Public Safety Element. Commissioner Welshons called for an informal poll on all those in favor of accepting the Public Safety Element and any errata corrections related to it. The vote was 6-0 in favor. Adrienne Landers, Senior Planner, stated that there had been no public comments with regard to the Arts Element. Commissioner Welshons called for an informal poll on all those in favor of accepting the Arts Element and any errata corrections related to it. The vote was 6-0 in favor. Adrienne Landers, Senior Planner, stated that the next item would be a final vote on the Master EIR and addendum. Commissioner Hall inquired if he needed to restate his objections for the record. Michael Holzmiller, Planning Director, replied that no errata sheets will be fonwarded to the City Council. All changes will be made and a clean copy of the General Plan will be sent fonward. As for the EIR, staff will place the addendum in the front of the EiR. The addendum to the EIR will contain all of the corrections which have been made. The agenda bill which goes to the City Council will explain the process which was followed on the General Plan Update and it will Include a detailed staff report of each informal poll which was taken and any comments or objections by Commissioners on specific Items. A copy of the Minutes will also be included in the Council package. Commissioner Hall wants to make sure that the City Council members are made aware of why each Commissioner voted the way they did. Mr. Holzmiller replied that he could also cross reference the Minutes to each specific item. Commissioner Enwin commented that in the past, impacted intersections were identified as were proposed developments in surrounding communities which could have an effect on the City of Carlsbad. Mr. Holzmiller replied that the overall findings being made on the EIR do not override growth management. MINUTES PLANNING COMMISSION April 20, 1994 PAGE 7 ACTION: Motion was made by Commissioner Schlehuber, and duly seconded, to adopt Planning Commission Resolution No. 3630 recommending certification of the Environmental Impact Report No. 93-01, subject to all addenda contained in Errata Sheets numbered 1 through 5, including the change in language to add an addendum to the Master EIR. VOTE: 6-0 AYES: Chairman Savary, Commissioners Enwin, Hall, Noble, Schlehuber and Welshons NOES: None ABSTAIN: None Chairman Savary called for the final vote on the General Plan Update. ACTION: Motion was made by Commissioner Schlehuber, and duly seconded, to adopt Planning Commission Resolution No. 3631, recommending approval of GPA 94-01, based on the findings and subject to the conditions contained therein, with all corrections which have been made, including those made tonight. VOTE: 6-0 AYES: Chairman Savary, Commissioners Enwin, Hall, Noble, Schlehuber and Welshons NOES: None ABSTAIN: None Commissioner Hall requested that the record show that although he supported the General Plan Update, he has strong concerns about the Housing Element and the Land Use Element, with special attention on future commercial in Land Use and Policy 4.1 in Housing. Commissioner Enwin requested that Planning Commissioners be given a final copy of the General Plan before it is forwarded to City Council. RECESS The Planning Commission recessed at 7:20 p.m. and reconvened at 7:30 p.m. PUBLIC HEARING: 2. PCD/GPC 94-03 - CARLSBAD MUNICIPAL GOLF COURSE - A request for approval of a Negative Declaration and a Determination of Consistency with the General Plan for the acquisition of 422 acres of property north of Palomar Airport Road and east and west of College Avenue for the ultimate development of a municipal golf course, which includes a club house and maintenance facilities. Brian Hunter, Senior Planner, reviewed the background of the request and stated that the City of Carlsbad is requesting approval of a Negative Declaration and a Determination of Consistency with the General Plan for the acquisition of 422 acres of property north of Palomar Airport Road and east and west of College Avenue, for the ultimate development of a municipal golf course. Title 7 of the California Government Code states that prior to purchasing any land for public purposes, the City must bring the proposed acquisition fonward to the Planning Commission to make sure it is consistent with the General Plan. A golf course is allowed in any zone in the City with a Conditional Use Permit. Staff recommends approval. Commissioner Welshons noted that the Planned Industrial zone allows outdoor recreation uses on an interim basis. She inquired how staff can justify a golf course as an interim use. In her opinion, a golf course would seem to be more of a permanent use. Mr. Hunter replied that golf courses generally stay in place until a better use comes along. Commissioner Hall inquired if the Commission is to assume that a golf course can be built at this l<x:ation. Mr. Hunter stated no—only that it is consistent with the General Plan. MINUTES Minutes of: Time of Meeting: Date of Meeting: Place of Meeting: CALL TO ORDER: PLANNING COMMISSION 6:00 P.M. April 6, 1994 CITY COUNCIL CHAMBERS Chairman Savary called the Regular Meeting to order at 6:06 p.m. PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Commissioner Welshons. ROLL CALL: Present: Staff Present: Also Present: Chairman Savary, Commissioners Betz, Enwin, Hall, Noble, Schlehuber, and Welshons Michael Holzmiller, Planning Director Gary Wayne, Assistant Planning Director Chris DeCerbo, Senior Planner Adrienne Landers, Senior Planner Terri Woods, Associate Planner Bobbie Hoder, Senior Management Analyst Karen Hirata, Deputy City Attorney David Hauser, Assistant City Engineer David Bradstreet, Parks and Recreation Director Keith Beverly, Senior Management Analyst John Bridges, EIR Consultant (Cotton Beland & Assoc.) Rob Greene, Noise Consultant (Woodward-Clyde Consultants) COMMENTS FROM THE AUDIENCE ON ITEMS NOT USTED ON THE AGENDA: Elsa Bengulat, 2947 Lexington Circle, Carlsbad, stated that she would like to address the barking dog issue and she did not know whether or not that was an agenda item. Commissioner Savary advised Ms. Bengulat that Ms. Hirata, Deputy City Attorney, had informed her that comments regarding barking dogs should be made when the Noise Element of the General Plan is discussed. APPROVAL OF MINUTES: Karen Hirata, Deputy City Attorney, requested a correction to the Minutes of March 2,1994 on page 9, paragraph 3, first and second sentences. She requested that the first sentence read as follows: "...commented that the City's current ordinance is based on a very specific...". She requested that the second sentence read as follows: "...Santa Ana's occupancy ordinance was invalidated...". ACTION: Motion by Commissioner Enwin, and duly seconded, to approve the Minutes of the Regular Meeting of March 2,1994, as corrected. VOTE: 7-0 AYES: Chairman Savary, Commissioners Betz, Enwin, Hall, Noble, Schlehuber, and Welshons NOES: None ABSTAIN: None Commissioner Enwin requested a correction to the Minutes of March 16,1994 on page 11, paragraph 3, first and third sentences. He requested that the first sentence read as follows: "...can be as high as 70-75 MINUTES i . PLANNING COMMISSION April 6, 1994 PAGE 2 CNEL but it must be mitigated to 60 CNEL.". He requested that the third sentence read as follows: "...story exterior could be...". Karen Hirata, Deputy City Attorney, requested a correction to the Minutes of March 16,1994 on page 12, paragraph 3, last sentence. She requested that it read as follows: "Ms. Hirata disagrees with Mr. Krupp's legal analysis." ACTION: Motion by Commissioner Welshons, and duly seconded, to approve the Minutes of the Regular Meeting of March 16,1994, as corrected. VOTE: 7-0 AYES: Chairman Savary, Commissioners Betz, Enwin, Hall, Noble, Schlehuber, and Welshons NOES: None ABSTAIN: None CONTINUED PUBUC HEARINGS: 1. ZCA 92-4 - SECOND DWELLING UNITS ZONE CODE AMENDMENT - Request for approval of a Negative Declaration and an amendment to various chapters and sections of the Carlsbad Municipal Code (Title 21) to: (1) add a definition for Second Dwelling Unit, (2) allow the development ot Second Dwelling Units through administrative permit in the R-A, R-E, R-1, R-2, and R-3 zones and areas designated by a master plan for single-family detached dwellings in the P-C zones of the City, and (3) amend the requirements for the creation of Second Dwelling Units in the R-A, R-E, R-1, R-2, and R-3 zones and areas designated by a master plan for single-family detached dwellings in the P-C zones of the City. Chris DeCerbo, Senior Planner, reviewed the background of the request and stated that on March 2, 1994 this Zone Code Amendment pertaining to second units was heard by the Planning Commission and they voted for a continuance to enable staff to research and respond to concerns regarding inclusionary housing requirements for second dwelling units, second dwelling units on smaller single-family residential lots of less than 7,500 s.f., tandem parking for second dwelling units, and the impact of second dwelling units on the excess dwelling unit bank. In response to these concerns, staff is recommending the following ordinance revisions: - Inclusionary Housing Requirement - Staff recommends the deletion of the requirement for second dwelling unit owners to either pay the inclusionary housing in-lieu fee or deed restrict the second unit as affordable to lower income households. Instead, staff recommends that the ordinance be amended to stipulate that the maximum monthly rental rate for a second dwelling unit shall be affordable to lower income households. This provision would not be placed as a deed restriction on second units, nor would it be monitored and enforced by the City, except on a complaint basis. It would, however, require that the owner provide the City with prospective rental rate information for the second unit, upon application for a building permit. The proposed rental rate would then be reported to the State Department of Housing & Community Development during our yearly report to the State. Provided that the rental rate is affordable, it would be counted towards satisfying the City's regional share housing needs. He noted that staff has been advised by HCD that they will count second dwelling units in their calculation as long as the rental price meets the affordable criteria. • Second Dwelling Units on Smaller Single-Family Lots - Staff recommends the addition of new development standards to the planned development chapter of the municipal code which would regulate the placement of second units on single-family lots less than 7,500 s.f. as follows: (1) all second dwelling units shall be set back the same distance from the front and side property lines as the primary unit on the lot; (2) the second dwelling unit shall be set back a minimum of 10 ft. from the rear property line; (3) second dwelling units shali not be permitted to encroach into the recreatton area of the primary residence and (4) for detached second dwelling units, the distance between ttie MINUTES PLANNING COMMISSION April 6, 1994 PAGE 3 primary dwelling unit and the detached dwelling unit shall not be less than 10 feet. He showed diagrams on the overhead of where a second dwelling unit could be placed on various sized k}ts under 7,500 s.f. He also showed a photo of the only granny flat now existing in the City. • Tandem Parking - Mr. DeCerbo stated that the present requirement for one additional parking space to be located outside of the setback areas has prohibited the development of second dwelling units. Staff recommends that the parking requirement be changed to allow tandem parking to satisfy the parking requirement. He showed several photos of tandem parking now existing throughout the City. • Excess Unit Bank - There are currently 2,000 units in the City's Excess Unit Bank. These excess unit exist as a consequence of residential projects being approved at lower densities than permitted. Based on this historical trend, staff believes that the units in the Bank are sufficient to meet our affordable housing objectives without exceeding the dwelling unit limitations of the Growth Management Plan. Commissioner Welshons inquired what kind of agreement the homeowner would have to sign saying that the second dwelling unit is affordable. Mr. DeCerbo replied that no agreement would be signed. The homeowner would only need to provide the City with the prospective rental rate upon application for a building permit. Commissioner Welshons inquired what would happen when a complaint is received. Mr. DeCerbo replied that the City would then have the option of enforcing the rental rate. Commissioner Welshons inquired if that means that today we won't enforce it but tomorrow we might. Gary Wayne, Assistant Planning Director, stated that the City couldn't selectively enforce the rental rate. Zone code enforcement is on a complaint basis. Our ordinance stipulates that the rent for a second dwelling unit must be affordable. If the homeowner rents the unit for more than the affordable rate, it would be considered a zone code violation, which is enforceable. However, enforcement is on a complaint basis. Commissioner Schlehuber stated that he thinks this will be good because the units are small, and the affordable rental rate is relatively high. He doesn't think a homeowner would realistically be able to get a higher rent than the affordable rate because of the size of the unit. For instance, the average rental rate for a one bedroom apartment is $556 per mo. However, the affordable rental allowance for two person occupancy is $673 per mo. Commissioner Schlehuber feels the ordinance is well written and doesn't think there is anything to be lost. He thinks it is a win-win situation. Commissioner Hall commented that the average second dwelling unit will house a child, mother, or maid so, in all probability, there may be no rent paid at all. He also thinks it will be a win-win situation. Commissioner Welshons doesn't understand the requirement to rent to only low income. Mr. DeCerbo replied that this is necessary to ensure that second dwelling units qualify as affordable housing. Commissioner Welshons inquired if the reference to low income also includes very low income. Mr. DeCerbo replied that the mandate is only for 80% of the median income. Commissioner Betz stated that if a second unit is built on a new lot, she would rather see an extra parking place provided for in the plans—perhaps a three car garage; she is not in favor of tandem parking in this instance. Furthermore, she noted that second dwelling units can only be single story. She inquired about the possibility of having a parking garage located under a living unit. Mr. DeCertxj replied that it is possible to have a detached garage with a living unit above it. Commissioner Betz would like to see more flexibility if the lot is large enough. Gary Wayne, Assistant Planning Director, replied that unique situations could be handled with a variance. MINUTES PLANNING COMMISSION April 6, 1994 PAGE 4 Commissioner Betz stated that variances are very exclusive and hard to get. If a lot is large enough, she feels the ordinance should allow some flexibility. Commissioner Hall stated that the other complaint might be having a neighbor peer out a back window at you while you are in your back yard around the pool. In order to protect the privacy of neighbors, he doesn't think added height should be allowed. Commissioner Schlehuber thinks that a second dwelling unit with two floors and parking below would look like a Spite House. He is still convinced that tandem parking is a good idea. Commissioner Welshons inquired how services and facilities would be calculated and addressed for these second dwelling units which are created after the local facilities management plans (LFMPs) are in place. Mr. DeCerbo replied that the LFMPs are broken up into critical and non-critical facilities. For instance, sewer, water, and roads would be critical facilities associated with the preservation of health, safety, and welfare. Those have all been planned with excess capacity above the Proposition E caps. Second dwelling units would not exceed those caps. Commissioner Welshons inquired if fees are collected for second dwelling units. Mr. DeCerbo replied yes; public facilities fees would have to be paid for each second unit when the permit is pulled. Those fees would go into the capital improvement project (CIP) budget for freeway interchanges, roads, libraries. City administration, parks, etc. Commissioner Schlehuber inquired if staff had any comments on the letters received from Fieldstone (dated April 6,1994) and the Ladwig Design Group (dated March 31,1994). Mr. DeCerbo replied that the Ladwig letter requested second dweiling units in the R-P, R-T, R-W, and RD-M zones. Staff can support that on lots which have single-family residences. As far as the request for gravel paving is concerned, staff explained to Mr. Ladwig that this requirement applies only to the rural estate zone with minimum one acre lots and 70 ft. front yard setbacks. Staff feels that concrete and asphalt paving are needed to prevent erosion. Mr. Ladwig understands the reasoning and concurs with staff. Mr. DeCerbo stated that the Fieldstone letter requests that second dwelling units of less than 500 s.f. not be counted as a unit under growth management. Staff does not have the authority to exclude these units from counting as dwelling units under growth management since they would tte equipped with bath and kitchen facilities. Chairman Savary stated that the public hearing had been closed at the previous meeting but she reopened it for new comments only. Sharon South, Director of Business Services for the Encinitas Union School District, 101 So. Rancho Santa Fe Road, Encinitas, addressed the Commission and stated that she is concerned about possible impacts to the district since the requirement for senior citizen occupancy was replaced with no age restriction. She feels that many of the units on larger lots could house parents with small children. Brooks Worthing, 1136 Larkspur Lane, Carlsbad, addressed the Commission and stated that he is a small builder. He has had three requests over the years about the granny flat concept but the fees which were required stopped the projects cold. He likes the idea of this concept being loosened up because it is a good solution to the affordable housing shortage. He thinks it will be self-policing and that the units won't be rented anywhere near the maximum unless it is on a view site in La Costa. Robert Ladwig, 1947 Camino Vida Roble, Suite 108, Carlsbad, addressed the Commission and urged the Commission to support the revised ordinance. He thinks staff did an excellent job in researching what other cities have done regarding second dwelling units. He woukJ be happy to answer questions, if any. MINUTES PLANNING COMMISSION April 6, 1994 PAGE 5 Doug Avis, Fieldstone-La Costa, 6670 El Camino Real, Carlsbad, addressed the Commission and stated that he was a member of the affordable housing task force. Early on, he advocated the use of second dwelling units to help fulfill the affordable housing quota. He likes the ordinance and thinks there are many places where this can be used. However, he would like to see a threshold below which the second dwelling units would not count as dwelling units. Mr. Avis thinks there are many second dwelling units already out there which need to be qualified so they can count towards affordable housing. He welcomed questions. Commissioner Hall stated that there has been some discussion regarding an additional garage on new construction. Mr. Avis did not hear the earlier comments regarding the additional garage. However, he thinks the market would respond well to a second dwelling unit in the rear yard for some product types in a new project. Unfortunately, under the existing code, that unit in the rear yard would count as another living unit. In his mind, it should be counted towards the affordable housing quota. Commissioner Enwin inquired if a third garage could be dedicated to the second dwelling unit. Mr. Avis replied that he feels tandem parking, if any, should be allocated to the primary house. The third garage could be framed in and allocated to the granny flat. However, the reality of it is that people will still park on the street, no matter what. People have a tendency to put their bicycles, barbecues, and storage in the garage, and park the cars outside. Commissioner Welshons inquired if a tandem garage is one that houses two cars, side by side, with two cars behind them. Mr. Avis replied that is correct. Many homes down by the lagoon have this arrangement because the lots are thinner and longer. Unfortunately, the market will not respond to tandem garages so they probably wouldn't get built. That is why you see three car garages in some new developments. There being no other persons desiring to address the Commission on this topic. Chairman Savary declared the public testimony closed and opened the item for discussion among the Commission members. Commissioner Enwin cannot accept tandem parking but he thinks second dwelling units will work on lots which are large enough. Commissioner Schlehuber stated that he likes the improvements to the ordinance which staff has presented tonight. The tandem parking doesn't txjther him. He thinks it is a really good ordinance. Commissioner Betz can support it as long as new construction does include a third garage designated particularly tor the second dwelling unit. Mr. DeCerbo replied that this provision could be added for new developments if the Commission desires. Commissioner Hall stated that he is neutral. He thinks the ordinance is necessary in order to proceed. Gary Wayne, Assistant Planning Director, requested a clarification regarding new construction. Commissioner Betz replied that she is talking about a new house being built from the ground up, whether it be a single or a development. Commissioner Welshons requested staff to comment on Mr. Avis' comment regarding second dwelling units being counted as separate units. Mr. DeCerbo replied that a second dwelling unit with kitchen facilities and a separate entrance would be counted as an individual unit under growth management. Staff has no authority to interpret othenwise. Commissioner Welshons inquired about Mr. Ladwig's request for gravel paving. Mr. DeCerbo replied that this was only for very large lots with 70 ft. front yard setbacks. Staff cannot support that request. MINUTES PLANNING COMMISSION April 6, 1994 PAGE 6 Commissioner Welshons inquired if dedicating a third garage specifically to the second dwelling unit will diminish the tool to get these affordable units built. Mr. DeCertx} replied that it would tie another hurdle and could possibly have that effect. Gary Wayne, Assistant Planning Director, stated that if a PUD came in for approval, the Planning Commission would have an opportunity to see it. But if someone came in with a standard R-1 -7500 subdivision, all the Commission would see is lots. When they come in with the houses, they come for building permits and it doesn't come back to the Commission. He knows that it is a whole lot cheaper to build the second dwelling unit at the same time the primary unit is being built. If dedicating the third garage to the second unit is required, he is reasonably sure they will find a way to do it. Commissioner Schlehuber feels that putting a three car garage up front on a 7,500 s.f. lot, it will look like all garage and the house gets pushed aside. He thinks it will affect the design of the project and he is not in favor of it but he will be neutral if that is what it will take to get it approved. Commissioner Welshons would like to know if this requirement will tie the hands of developers. Commissioner Noble supports the ordinance as it was presented. He feels that tandem parking works. He has seen it work in Terramar. The object of the ordinance is to get more affordable housing. He doesn't think it will have any impact on schools because schools will base their decisions on growth management. He doesn't think very many of these units will be built and even if they are, he doesn't feel we will reach the maximum growth established in the Growth Management Plan. Chairman Savary asked if staff wished to comment further. Gary Wayne, Assistant Planning Director, stated that the Deputy City Attorney has suggested that on page 5 of the ordinance, item (P), line 6, we should replace "the household" with "a low income household". He feels it would be more clear. ACTION: Motion was made by Commissioner Schlehuber, and duly seconded, to adopt Planning Commission Resolution No. 3542 recommending approval of the Negative Declaration issued by the Planning Director, and adopt Planning Commission Resolution l^k>. 3543 recommending approval of ZCA 92-04, based on the findings contained therein, including the change recommended by Robert Ladwig to also include zones R-P, R-T, R-W, and RD-M, as well as the wording change recommended by staff on page 5, item (P), line 6, and recommending that the City Council direct staff to sut)sequently open up the six week public review period to amend the City's six Local Coastal Program segments accordingly. VOTE: 5-2 AYES: Chairman Savary, Commissioners Hall, Noble, Schlehut)er and Welshons NOES: Commissioners Betz and Erwin ABSTAIN: None RECESS The Commission recessed at 7:17 p.m. and reconvened at 7:32 p.m. 2. EIR 93-01/GPA 94-01 - GENERAL PLAN UPDATE - A request for recommendation of certification of an Environmental Impact Report and recommendation of approval of a General Plan Amendment to comprehensively update the General Plan. Adrienne Landers, Senior Planner, reviewed the actions which had taken place at the last meeting and then reviewed each of the attachments which were included in the Commissioners' packets. She then MINUTES PUNNING COMMISSION April 6, 1994 PAGE 7 stated that after the public testimony, she or another member of the staff would present information on each of the elements, discussion would take piace, and an informal poll would then be taken. When all of the elements have been considered, a final vote would be taken. Commissioner Hall inquired when the commercial aspect of property and the minimum dwelling units in a zone would be discussed. Ms. Landers replied that they would both be discussed under Land Use. Chairman Savary stated that the public hearing had been closed at the previous meeting but she reopened it for new comments only. Mark Chomyn, representing San Diego Gas & Electric, 101 Ash Street, San Diego, addressed the Commission and stated that in the Land Use Element and the Parks & Recreation Element it discusses accessory uses in powerline easements and access to wetlands along the south shore of the Agua Hedionda Lagoon. SDG&E would appreciate the opportunity to review accessory uses and any matters of public access because of the topographical constraints along the south shore. Further, he stated that SDG&E is very open to expanding recreational facilities on the Agua Hedionda Lagoon but noted that the lagoon was dredged and flushed as an adjunct to cooling waters for the power plant. Any consideration of uses in the lagoon must be considered along with the uninterrupted supply of cooling water to the power plant and SDG&E's continued ability to maintain dredging, etc. Mr. Chomyn also noted that in the Open Space & Conservation Element it identifies several portions of SDG&E's existing transmission easements which might become components of the trail system. Where components of the trail system are implemented within the easements, SDG&E would appreciate the opportunity to consult with staff and/or private developers to ensure that access for maintenance is not compromised. He was happy to see EMF discussed and stated that SDG&E would be happy to provide information on this subject if there is interest. Lastly, Mr. Chomyn's major concern is on page 18 of the Land Use Element where it discusses Precise Development Plans (PDPs). It is not clear if this refers to wastewater treatment facilities or if it also applies to electrical energy treatment of wastewater, maintenance and storage of operating facilities, and other functions. He would like a clarification since substations are currently serviced under a CUP. He thinks the PDP process might be too involved for those types of uses. Commissioner Schlehuber advised Mr. Chomyn that the City cannot arbitrarily put a trail within an easement without talking to SDG&E. Mr. Chomyn stated that he was only reaffirming their concerns regarding implementation of some of the elements in the General Plan and they are willing to work with staff to make them happen. However, there may be times when SDG&E may not be able to accomplish 100% of the goals and objectives of the specific plan. He would like to know if the PDP is being applied to all uses or just to uses defined as treatment of wastewater. Paul Yrisarri, 1817 Hanscomb Drive, South Pasadena, addressed the Commission and stated that he spoke at the last meeting but now wished to comment on the sunset provisions proposed for the commercial zones. He feels that the sunset provision will result in an undersupply of commercially zoned land. If there is an undersupply of commercial land, developers will go elsewhere and Carlsbad residents will be sending their sales tax dollars to other cities. He also commented on the open space maps and noted that they contain a legend that they are imprecise. He would like to see this comment carried to the text as well. Sharon South, Director of Business Services for the Encinitas Union School District, 101 So. Rancho Santa Fe Road, Encinitas, addressed the Commission and reviewed the text of her letter dated April 3, 1994. Essentially, the school district can accept the school mitigation as long as the growth management plan continues in force. However, the school district is still concerned about the open space designation which they feel discounts the value of school sites. Mr. Holzmiller has advised them that existing and future schoo\ sites would be noted on the maps and would bear the same designation as surrounding properties. With this change, the school district could support adoption of the Plan. Ms. South submitted a copy of her letter to each Commissioner and a copy of the letter is also on file in the Planning Department. MINUTES PLANNING COMMISSION April 6, 1994 PAGES Elsa Benguiat, 2947 Lexington Circle, Carlsbad, addressed the Commission and stated that her comments were in regard to the Noise Element. She and her husband had written a letter to the Planning Commission suggesting an alternative process for handling barking dogs. They received a reply stating that staff wouW look into the possibility of changing the City's enforcement method for barking dogs. She stated that it took them over two years to take care of one dog using the present system. Even after going to court twice, there are still other barking dogs in her area which need to be controlled. She has a letter from the Office of Noise Control explaining a very simplified system which is used in San Diego County and the North County cities of Del Mar, Solana Beach, Encinitas, Oceanside, and Escondido. She would be interested in what type of effective system the City might be considering. Commissioner Enwin inquired if they had to file a criminal complaint in order to take care of their problem. Ms. Benguiat replied that they had used two systems and a citation was finally issued, but it did require them filing a criminal complaint. It was a very frustrating ordeal. Commissioner Enwin asked to see the letter from the Office of Noise Control. Ms. Benguiat replied that she only had one copy. She let Commissioner Enwin read it and stated she would send staff a copy of it after this meeting. Mark Chomyn, SDG&E, returned to the podium and stated that he had neglected to mention a possible error on page 23 of the Parks & Recreation Element, Table 5, where it states that Agua Hedionda Lagoon is owned by the State. He thinks that should be changed to SDG&E. Commissioner Noble advised Mr. Chomyn that this had come up once betore when he served on the Beach Erosion Committee. He stated that the Parks & Recreation staff has determined that the lagoon is owned by the State because it is considered to be navigable waters. Mr. Chomyn stated that he will also look into it further. John Freidlander, 2245 Nob Hill Drive, Carlsbad, addressed the Commission and stated that he is concerned about the landing pattern for aircraft at Palomar Airport. He spoke at the March 16,1994 meeting but wanted to mention tonight that, since the last meeting, another airline is currently in the process of being approved for landing. This will essentially double the number of commercial flights per day into Palomar Airport. In effect, this doubles the impacts to all residential property within the flight pattern. Commissioner Hall inquired if this is commercial flights or total flights. Mr. Freidlander replied that he is speaking of commercial flights. There being no other persons desiring to address the Commission on this topic, Chairman Savary declared the public testimony closed and opened the item for discussion among the Commission memt)ers. Before going into the individual elements, Ms. Landers stated that the consultant, John Bridges, would like to address some of the EIR comments made at the last meeting by Dolores Welty. John Bridges, Cotton Beland & Assoc., stated that the letter from Project Future, presented by Dolores Welty at the last meeting, mentioned that the EIR document and the mitigation were both very broad in scope and relied on City programs which may or may not take place. Mr. Bridges stated that a General Plan is supposed to be broad in scope because it is a set of actions (rather than a single action) which will take place over the next 10 to 20 years. As a result, the environmental analysis which is conducted is also of a broad nature because it, too, covers a 10 to 20 year span. As each project comes fonward, there will be a specific assessment made regarding environmental impacts and mitigation. The Project Future letter also stated that the draft EIR needed to be recirculated because new information has become available which was not included in the document. He noted that their were only 10 or 11 comments received on the EIR when it went out for public review. In accordance with CEQA, Section 9 of the EIR includes all of the MINUTES ^:ORRECTED PLANNING COMMISSION April 6, 1994 PAGE 9 written comments which were received, as well as the responses. Several changes were made as a result of those comments. There is a letter from Project Future in Section 9, and the response is there as well. That letter was almost identical to the Project Future letter presented by Dok>res Welty at the March 16, 1994 meeting. Mr. Bridges sees no reason for the document to be recirculated since there have been no substantial changes. Ms. Landers stated that Housing Program 4.1 which was discussed at the last meeting has now been completed and is in the City Manager's office for review. It contains information on a non-reskjential impact fee for commercial development. It is mentioned as a mitigation measure for air quality and if the Commission would like it deleted, it could be included in the Minutes of this meeting as a citation advising the City Council of the Commission's desires. Commissioner Welshons asked where this information is located in the document. Ms. Landers replied that it is contained in the Mitigation Monitoring Checklist on page 13 under Air Quality, item 16. Commissioner Enwin referred to the Project Future letter and stated that they see it as deficient because of the defects they listed. Karen Hirata, Deputy City Attorney, replied that Mr. Bridges addressed their concerns appropriately because a General Plan is intended to be broad in scope and more details are provided when specific projects come forth. In the Laurel Heights case, there was an allegation that new information came up after the draft EIR was prepared. When the final EIR document came fonward to the Board of Regents, it was substantially different than the document which the publk: had received, so they had not been given an opportunity to comment. Mr. Bridges responded adequately to Project Future's concern by stating that this draft EIR, tbhtiJt\6ti/iJII/a/1t\6/piibIilt/ttfnMbm/iJi/*iat/6^^ with the exception of a few minor changes, is the same one which was presented to the public, so It is not the same as the Laurel Heights situation. Adrienne Landers, Senior Planner, inquired if there were any questions regarding the Vision Statement of the General Plan. Commissioner Hall requested she explain how the goals, policies, and objectives work and how they are carried on through each of the elements. Ms. Landers replied that the goal is a very broad concept to keep in mind as you go through the element. The objective breaks down that goal into various components and discusses how it will be achieved. In effect, the objective is an intermediate step towards attaining a goal. The program and policy breaks the goal down even further. The Vision Statement incorporates the major goal of each element and then as you go through each element that goal is reinforced. Adrienne Landers, Senior Planner, reviewed the comments made regarding the Land Use Element. • Carlsbad Research Center. Mr. Eyreni objected to the change of land use designations from PI/RS/C/TS to PI (Planned Industrial). After reviewing this request, staff still recommends the PI designation change. This change is consistentwith what has been done for other industrial specific plans and eliminates a long series of designations on the Land Use Map. • Minimum Density. Ms. Besecker commented that it would be difficult to achieve the minimum density in some residential projects due to environmental constraints or neighborhood compatibility. This occurred in Arroyo La Costa. Exhibit "A" prepared by staff, includes revistons whk;h altow more flexibility regarding density. • So. Coast Commuter Corridor. Ms. Besecker recommended that this corridor be deleted from this section. Since Specific Plans witi be required for the large vacant parcels atong this corridor, staff couid accept this recommendation if the Commission concurs. • Feasibility Study on Commercial Sites. Ms. Besecker questtoned this poltoy because she felt it placed fundamental decisions about a project into the hands of a third party. This is a program that has been in MINUTES PLANNING COMMISSION April 6, 1994 PAGE 10 the General Plan for many years with regard to Neighborhood Commercial development and staff is simply broadening the policy to include community and regional commercial development. It is appropriate to require feasibility studies for larger sites as well to determine if they are appropriate for commercial development. • Periodic Reviews of Commercial Sites. Comments were made by Ms. Besecker and Messrs. Yrisarri and Ladwig regarding the two year periodic reviews. Exhibit "B" prepared by staff, modifies this section with regard to larger commercial properties. - Schools. Marshall Krupp expressed concern with regard to the deletion of the performance standards from the Land Use Element and how this affects school mitigation. These standards have been put back into the Land Use Element. He also had a problem with the zoning of school sites as open space. Staff felt that zoning of school sites would be more appropriately discussed at the time a school conditional use permit is reviewed. Zoning is not really an appropriate discussion in the General Plan and therefore, all references to zoning of school sites have been removed in Errata #3. Mr. Krupp has reviewed both changes and has found them to be acceptable. The Commission has received a copy of the revised language which includes a minor modification as follows: "...with the previous General Ptan land use designation or a land use designation compatible with adjacent uses...". Mr. Krupp was also concerned that the generation rates for schools were not included in the text. The generation rates referenced in the EIR were received from the school district. If these are out-of-date or inaccurate, staff requests that the school district note this in the record. Arto Nuutinen requested a condition be included in the General Plan which was used in the Zone 20 Specific Plan to fund new school facilities using Mello Roos. Staff indicated that this is a project mitigation measure which should not be included in a broad policy document like the General Plan. Staff would prefer to do that on a project level basis. Mr. Nuutinen also stated that the school mitigation measures in the EIR and Growth Management Plan are inadequate. The City disagrees because the current process through the Growth Management Plan allows the school district to vary mitigation as student generation rates vary. The City believes funding sources are the district's issue and that this is a matter which the school district needs to pursue with the State. • Precise Development Plans. SDG&E inquired about the use of PDPs for all types of utility uses, including substations. Mr. Wayne stated that PDPs will be used for all utility uses with a "U" designation. Substations would still come under the CUP process. Commissioner Welshons inquired if the Olivenhain Elementary school site on El Camino Real had been corrected. It should be located on Rancho Santa Fe Road. Ms. Landers stated that this was overlooked and would be corrected. Commissioner Erwin referred to Exhibit "A" and stated that he has a problem encouraging developers to increase densities. He does not feel that the citizens of Carlsbad want densities increased. Commissioner Schlehuber agrees with Commissioner Enwin. He would like the entire last paragraph of page 16 deleted. Michael Holzmiller, Planning Director, feels that something needs to be included whtoh states that if anyone goes below the density range it is still consistent with the General Plan. Staff has had some problems with this in the past and they are trying to eliminate them now. Commissioner Hall agrees with Commissioners Schlehuber and Enwin, although he could accept something if it was very simple. Mr. Holzmiller stated that they could eliminate the whole thing and include a sentence to the effect that if the City approves a project below the minimum General Plan density range, it would stiil t>e consistent with the General Plan. MINUTES PLANNING COMMISSION April 6, 1994 PAGE 11 Commissioner Enwin referred to Mr. Nuutinen's letter of March 16,1994, and asked if staff's recommendation is to not include in the General Plan the agreement between the City Council and CUSD. Ms. Landers replied that staff does not feel this statement should be included in the General Plan because it is something which should be done at the project level review. Mr. Wayne stated that once it is contained in the General Plan, it would require a General Plan Amendment to make even a minor modification. Karen Hirata, Deputy City Attorney, advised the Commission that this language was approved by the City Council but only for certain zones. The Council did not adopt a general policy. Commissioner Schlehuber referred to Exhibit "B" and stated that he likes the five year review for commercial sites because it allows for changes if they are needed. He thinks this is quite fair. Commissioner Betz disagrees. She would like to see that part stricken. Commissioner Hall inquired if this has been done in the past. Ms. Landers replied that it is something new and has not been done before. Commissioner Hall would like to see it stricken also. He feels that an owner of commercial land should be able to develop his property whenever he sees fit. He thinks that this is a property right which should not be taken away by a City or governmental agency. If a property owner has been paying taxes on commercial land, he should not have to come to the City every two years in order to keep his commercial zoning active. This sends a very clear message that we do not want people to invest in our community. Michael Holzmiller, Planning Director, stated that the proposed program came about as a result of an economic development policy which was adopted about six months ago. Sometimes when a commercial venture wants to locate in the city, it may be on land which is not zoned commercial. He used as an example the Price Club. Staff had tried to encourage them to locate at El Camino Real and College but one of the reasons they did not locate there was because of the commercial designation right across the street which had been zoned commercial for eight years. Commissioner Hall replied that the property owner who has been paying taxes on commercially zoned property for eight years should have more rights than someone new coming into town. He thinks it sends the wrong message to people who have invested in this community over the past eight years. It says that if you don't do something with your property soon, those outsiders who wish to come to the community will have priority. Commissioner Enwin says he can support the review because it makes it consistent with the way we handle master plans. Ms. Landers replied that it is similar after the first two years. Then they would be subject to a five year review just like a master plan. Commissioner Hall stated that he may not want to do something in two years. As a property owner, he should have that right. He should not be demanded to do something with his property. Commissioner Welshons asked the attorney if this would be an impingement on a property right. Ms. Hirata replied that in a general sense it is a property right. However, zoning can be changed by the City and there is no legal impediment to going in and changing zoning. There are laws against spot zoning because, in the past, there have been some dishonest dealings which have taken place. She feels that Commissioner Hall's argument is more of a moral issue than a property right where the City could get sued. Gary Wayne, Assistant Planning Director, stated that many cities that create general plans will designate, up front, certain areas as potential commercial. Carlsbad has traditionally been very different. When a project comes into this City, commercial zoning is often created for that project. He thinks that is why the original General Plan carried this review clause. If the project did not get completed for one reason or MINUTES PLANNING COMMISSION April 6, 1994 PAGE 12 another, the zoning was not deemed to be a God-given right and it could be changed. If we are going to change our philosophy now, we would also need to change our zoning ordinance. Commissioner Betz stated that there are so many things which go into developing commercial property that five years may not be enough time. She would like to see this stricken. Commissioner Hall stated that if people in Carlsbad who own commercial property realized what was on the table tonight, he would venture to say this room would be packed and out the door. He thinks this is the wrong message to send. Furthermore, he feels that five years is too short a time and this is a major issue. He believes this topic should have its own hearing. Ms. Landers replied that all of the vacant commercial property owners were notified of this hearing. She did not hear from anybody, although she notices that Mr. Morey is here tonight. Mr. Holzmiller commented that when staff originally started working on this, consideration was given to only applying it to the future and grandfathering the existing zoning. Staff is currently dealing with some commercial proposals where the applicant has said they can't get someone interested in a particular site unless it has a commercial designation. They have had requests for conditional two year zoning so the property can be marketed. If, after two years, nobody is interested in the property, they are willing to revert back to the existing zoning. Commissioner Hall could buy off on the future but he is concerned about those property owners who have owned commercial lots for many years. These properties don't change hands that often. Ms. Landers stated that if the Commission would like to make that change, it could be easily accommodated. Commissioner Hall would like to hear from Mr. Morey, who is in the audience. Fred Morey, representing La Costa Towne Centre, addressed the Commission and stated that this property has been on the General Plan Land Use Map since 1972. The development of this property depends on development north and south of it, which could take another ten years. In their most optimistic viewpoint, they hope to have occupancy on some part of it within 5-6 years but they can't do any planning if they have to deal with these reviews every few years, it is of great concern to him. Commissioner Enwin noted that staff seemed to need this review in order to take care of some problems. He would like to know if this tool is needed in order to review existing commercial property to make some decisions or if it is only needed as a future tool. Ms. Landers replied that it would be a valuable tool to use to evaluate existing commerciai sites because some sites impact other sites. However, staff would be open to some modiftoations to Exhibit "B" if necessary. Commissioner Schlehuber called for a straw vote on all those in favor of accepting Exhibit "B." The vote was 5-2 with Commissioners Hall and Betz opposed. Commissioner Welshons inquired about the option to delete the study for the commuter corridor (red-line version, page 35). Ms. Landers replied that this section could be deleted if it is felt that the comprehensive plan is not needed. Mr. Wayne feels that item #C could be deleted since there is already a requirement for a Specific Plan along this corridor. Commissioner Schlehuber called for a straw vote on ali those in favor of accepting the Land Use Element as presented and amended, namely the language in Exhibit "A" deleted and replaced by one sentence as read into the record by Michael Holzmiller, Exhibit "B" retained as is, item #C regarding the South Coast Corridor study deleted. Attachment #6, and all changes pertinent to Land Use on Errata Nos. 1,2 and 3. The vote was 5-2 with Commissioners Hall and Betz opposed. MINUTES PLANNING COMMISSION April 6, 1994 PAGE 13 Terri Woods, Asscxjiate Planner, reviewed the comments made regarding the Noise Element. • 60 CNEL. Comments were made by Ms. Besecker and Mike Howes that they are opposed to the 60 CNEL and the statement that noise walls are discouraged. Staff believes 60 CNEL is a reasonable standard. The City has been implementing the 60 CNEL standard since Policy #17 was adopted in 1990. There has been only one project since Policy #17 was adopted where 60 CNEL was not achieved and, in that case, findings were made to exceed the standard. • Noise Walls. Staff is recommending various types of noise walls. Ms. Besecker requested information on how the noise walls would be implemented. Staff has proposed a draft Noise Guidelines Manual which would contain that information. The manual is available in draft form and is anticipated to be brought fonward for review and approval by the Planning Commission following adoption of the General Plan. • College Avenue. Several comments were received about noise along College Avenue in the northeast portion of the City. It is the City's policy that we won't go back and retrofit areas,, In this case, however, cost estimates and mitigation measures will be provided to the homeowner associations and they will have to decide how they want to proceed. • Aircraft Noise. The County is preparing a master plan for the airport and is in the process of installing noise monitoring equipment in the City which will be able to detect which aircraft is violating airport take-off and landing procedures. This will enable the County to go directly to the offender and advise them of the violation. • Barking Dogs. The issue has been looked at extensively by City staff. The City has adopted the County's Animal Control Ordinance by reference. The City contracts with the County to implement those procedures. The City Council has determined that these methods are adequate. Commissioner Welshons called for a straw vote on all those in favor of accepting the Noise Element with all references to CNEL being changed to 60 CNEL, and all changes pertinent to Noise on Errata Nos. 1 and 3. The vote was 7-0 in favor. David Hauser, Assistant City Engineer, reviewed the comments made regarding the Circulation Element. • Melrose Drive. Ruth Besecker, on behalf of the Fieldstone Company, requested that Melrose Drive south of Rancho Santa Fe Road be fully downgraded from prime arterial to secondary arterial status. The Circulation Element presently calls for this to go from prime arterial to major arterial, with the potential of secondary arterial. Staff would like to keep this flexibility in case plans change and in order to presen/e adequate right of way. He stated that the map is in error and should correctly read major arterial. The Friends of Carrillo Ranch have requested that Melrose Drive between Palomar Airport Road and Alga Road be deleted or greatly downgraded since Highway 680 was cancelled. Staff would like to retain the existing classification of prime arterial since SANDAG predicts that, even without the southerly connection, Melrose Drive will have traffic volumes ranging from 34,000 to 54,000 ADT on this segment. In addition, the recently approved Carrillo Ranch Master Plan provided a standards reduction on the horizontal and vertical design criteria from prime arterial to major arterial. This reduction reduced the Melrose fill height from 80 ft. to 50 ft. • Future Transportation Needs. Oan Downing has requested more consideratton be given to future modes of transportation, i.e. public transportation. Staff does not recommend changes or taking additional dedications at this time since transportation needs are served by f^rth County Transit District and they have no plans in place to move beyond established roadways and the rail corrkjor. MINUTES PLANNING COMMISSION April 6, 1994 PAGE 14 - Palomar Airport Road Access. Paul Yrisarri, who represents property owners along Palomar Airport Road, has requested that the City provide some policy to protect historical access to those properties at the Laurel Tree intersection. Staff believes existing policy is adequate regarding limiting access to prime arterials and does not recommend any changes at this time. Mr. Yrisarri's request can be accommodated through the standards variance process and is best considered at the time a development application is submitted. Commissioner Betz stated that C-1, Alternative Modes of Transportation, states thatthe Plan encourages construction of sidewalks in high pedestrian areas such as schools and commercial centers. She noted that there are no sidewalks at Magnolia Elementary School nor Valley Junior High School. She would like to know where on the prioritization list for sidewalks that these schools fall. Mr. Hauser replied that there are many variables to establish the priority for sidewalks. Schools are very high priority and he knows that plans are currently in process to construct sidewalks on Valley, between Chestnut and Magnolia and also along Monroe Street at its intersection with Magnolia Street. Commissioner Welshons called for a straw vote on all those in favor of accepting the Circulation Element including any changes pertinent to Circulation on Errata Nos. 1,2 and 3. The vote was 7-0 in favor. Terri Woods, Associate Planner, reviewed comments made regarding the Parks and Recreation Element. - Trails. Commissioner Hall commented that he would like all references to the Citywide trail system noted as the "proposed" trail system. Staff has noted that request, is in agreement, and will make the appropriate changes. Keith Beverly, Senior Management Analyst, Parks and Recreation, discussed the comments made by SDG&E. • SDG&E. Mr. Beverly stated that SDG&E has requested thatthe City enter into agreements to establish and maintain access along the south shore of Agua Hedionda Lagoon. The City currently has in place a long term lease agreement for a 92 acre Hub Park area on the south shore of the Lagoon with provisions for significant extensions of time. There is also an agreement in place for Macario Canyon which includes the hub area. There are also conceptual plans for a beach area boat dock facility on the south shore of the Lagoon. In addition, there are conceptual plans to establish connecting access between Veteran's Memorial Park and Hub Park. SDG&E has also requested limited public access to the Agua Hedionda Lagoon wetlands. This issue will be regulated by the environmental agencies and is identified on the conceptual plan of Macario Canyon. SOG&E is concerned about safe recreational use at the Lagoon on a self-sustaining basis. The City currently provides a Lagoon patrol to ensure safety of tjoaters and passive use of the Lagoon. Commissioner Welshons inquired as to who owns the Lagoon, the State or SOG&E. Mr. Beverly stated that in the ownership matrix the owner is identified as the State. There is a question regarding the status of the lagoon as an open navigable watenway. There was a question about the City's ability to require insurance and the State Lands Commission has advised that it is an open navigable watenway. The City has since dropped its requirement for insurance because the owners and operators of Snug Harbor require insurance. Commissioner Enwin inquired about the issue of pocket parks in master ptanned communities and inquired if we were changing our philosophy. Mr. Beverly replied that the City supports pocket parks to the extent that those parks are owned and maintained by homeowner groups and not the City. Commissioner Enwin called for a straw vote on all those in favor of accepting the Parks and Recreation Element with any changes pertinent to Parks and Recreation on Errata Nos. 1 through 3. The vote was 7-0 in favor. MINUTES PLANNING COMMISSION April 6, 1994 PAGE 15 ACTION: Motion was made by Commissioner Schlehuber, and duly seconded, to continue this item to April 20,1994. VOTE: 7-0 AYES: Chairman Savary, Commissioners Betz, Enwin, Hall, Noble, Schlehuber and Welshons NOES: None ABSTAIN: None ADDED ITEMS AND REPORTS: Chairman Savary reminded the Commissioners that there would be a Growth Management Workshop held on Wednesday, April 13, 1994, at 6:00 p.m. at the Safety Center. ADJOURNMENT: By proper motion, the Regular meeting of April 6,1994 was adjourned at 9:58 p.m. to the Growth Management Workshop on April 13,1994. 'WAYNE Assistant Planning Director BETTY BUCKNER Minutes Clerk MINUTES ARE ALSO TAPED AND KEPT ON FILE UNTIL THE WRITTEN MINUTES ARE APPROVED. MINUTES Minutes of: Time of Meeting: Date of Meeting: Place of Meeting: PLANNING COMMISSION 6:00 P.M. March 16, 1994 CITY COUNCIL CHAMBERS CALL TO ORDER: Chairman Savary called the Regular Meeting to order at 6:03 p.m. PLEDGE OP ALLEGIANCE: The pledge of allegiance was led by Commissioner Noble. ROLL CALL: Present: Staff Present: Also Present: Chairman Savary, Commissioners Betz, Enwin, Hall, Noble, Schlehuber, and Welshons Michael Holzmiller, Planning Director Gary Wayne, Assistant Planning Director Adrienne Landers, Senior Planner Anne Hysong, Assistant Planner Elaine Blackburn, Associate Planner Terri Woods, Associate Planner Bobbie Hoder, Senior Management Analyst Karen Hirata, Deputy City Attorney David Hauser, Assistant City Engineer John Bridges, EIR Consultant (Cotton Beland & Assoc.) Robert Green, Noise Consultant (Nolte & Assoc.) COMMENTS FROM THE AUDIENCE ON ITEMS NOT USTED ON THE AGENDA: There were no comments from the audience. APPROVAL OF MINUTES: Approval of the Minutes for March 2,1994 was continued to the April 6,1994 meeting. PUBLIC HEARING: 1. EIR 93-01/GPA 94-01 - GENERAL PLAN UPDATE - A request for recommendation of certification of an Environmental Impact Report and recommendation of approval of a General Plan Amendment to comprehensively update the General Plan. Adrienne Landers, Senior Planner, explained that since the General Plan is a very lengthy document, the Environmental Impact Report will be reviewed first and then each section of the General Plan will be reviewed and discussed. She will make her presentation first, Planning Commissioners will ask questtons, and then public testimony will be taken. After public testimony is closed, Planning Commissioners will have their discussion followed by a straw vote. At the completion of all discussion, a final vote will be taken. Commissioner Hall commented that he wants to make sure that everyone in the audience has an opportunity to comment on the various elements. MINUTES PLANNING COMMISSION March 16, 1994 PAGE 2 Commissioner Enwin stated that he agrees with Commissioner Hall. Also, he would like the purpose of the straw vote to be whether or not to move fonward to the next element. He wants the approval vote taken at the very end, after all of the elements have been discussed. Commissioner Noble indicated that the straw vote merely means that all of the questions have been answered and staff can move on to the next element. Chairman Savary assured the Commission and audience that no one would be denied the opportunity to ask questions or express their opinion. Everyone will be exchanging ideas in an effort to come up with a satisfactory General Plan that will benefit all of the citizens of Carlsbad. Adrienne Landers, Senior Planner, reviewed the background of the request and stated that the City prepared, in conjunction with Cotton Beland & Associates, a Master Environmental Impact Report (MEIR) to assess the environmental impacts that will result from implementation of the updated General Plan. The Master EIR assumed the worst case or that maximum buildout will occur in the year 2010. This year was picked to avoid over-estimated long-term impacts. However, due to the present economic climate, buildout probably will not occur until after 2010 so that actual development and associated impacts will probably be less than those identified in the EIR. The EIR is a program level document. It establishes mitigation programs through the General Plan policies and programs which were based on public input received during the public participation program and the review of the EIR. These programs will then be included as mitigation measures when later development projects come in. The EIR addressed all the usual issue areas and determined that impacts were mitigable in all areas except air quality and circulation. In these two areas, the impacts were significant and cannot be mitigated by the City. Ms. Landers stated that air quality impacts cannot be mitigated for four reasons. As the City builds out and the population and workforce increases, air quality will be impacted due to increased gas and power consumption as well as vehicle miles traveled. These all result in increased air pollutants such as carbon monoxide. Due to the City's proximity to Interstate-5 and Highway 78, we will also experience regional traffic traveling through the City. Lastly, the City is located within the San Diego air basin which is presently a non-attainment basin and does not comply with State and Federal standards regarding air quality. The City has no jurisdictional control over either the through traffic or the San Diego air basin so while there are local impacts to air quality, it is really a regional issue over which the City has no control. However, the General Plan is proposing numerous programs to improve air quality and reduce traffic congestion. Some of these include roadway and intersection improvements, methods to reduce the number of daily trips, steps to address alternative modes of transportation such as bicycles and mass transit, and participation in regional strategies to improve air quality. However, even with these measures, impacts to air quality will still be significant and unmitigable due to regional impacts which are beyond the City's ability to control. Ms. Landers stated that circulation is the other area with unmitigable impacts. Again, as buildout occurs, there will tie an increase in traffic volumes. Roadway segments will be adequate to handle buildout traffic; however, 20 intersections will be severely impacted by regional through traffic over which the City has no jurisdictional control. These generally include freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements such as striping and additional dedication, a number of intersections are projected to fail the growth management performance standards at buildout. The General Plan proposed a number of programs to address this issue. Included are policies to ensure that roadway facilities are in place when needed, programs addressing alternative modes of transportation (bicycles, trails and the commuter rail) which acidress not onty circulation impacts but are also an attempt to improve air quality as well. There are programs to participate in regional growth management and traffic congestion strategies, when finalized by SANDAQ. Despite the City's best efforts, however, there are still significant unmitigable impacts due to regional through traffic which, again, the City cannot control. MINUTES PLANNING COMMISSION March 16, 1994 PAGE 3 Because the Master EIR has determined that there are significant and unmitigable impacts to air quality and circulation, the City is required by CEQA to provide a Statement of Overriding Considerations to certify the EIR. This has been provided in the EIR resolution which is part of the packet. It simply states that impacts in these two areas are regional impacts requiring a regional solution. In accordance with Government Code, this statement is supported by findings which are also included in the resolution. She introduced John Bridges, the EIR Consultant, and stated that he was available to answer questions on the Master EIR and how it affects subsequent projects as they come fonward. Commissioner Noble inquired if the reason it is difficult to control the traffic impacts is because a large percentage of it comes from Los Angeles. Mr. Bridges replied yes. There is evidence that a large amount of transport smog affects the San Diego basin during certain times of the year. Commissioner Enwin inquired if the public will be allowed to speak on each separate issue, even though they may have spoken before. Chairman Savary replied yes. Chairman Savary opened the public testimony for the EIR and issued the invitation to speak. Marshall Krupp, President of Community Systems Associates, Inc., 730 El Camino Way, Suite 200, Tustin, California, representing the Encinitas Union School District, addressed the Commission and stated that his comments cross over EIR and Land Use, but he will oniy address EIR issues at this time. He referred the Commission to page 5.12.7-1 which discusses education. In Section 5.12.7-3, it makes qualitative conclusions of the impacts of the General Plan on schools. It is his understanding that CEQA requires both a qualitative and quantitative analysis of impacts and there is no quantitative impact within the EIR. There is no statement in the EIR of what the impact on schools will be. There is no statement on the number of students which will t>e generated, the number of facilities which will be required. However, in Section 5.12.7-4 it states that there will be an impact on schools, regardless of the fact that there was no quantitative analysis. It then states that the impact can be mitigated to a level of less than significant. Mr. Krupp contends that the EIR cannot conclude impacts can be mitigated to a level of insignificance if the quantitative impact is unknown. Although the conclusion may be appropriate, it is not supported by the EIR documentation. Under mitigation measures (5.12.7-5) it then states that mitigation will be in conformance with the growth management plan, i.e. school capacity to meet projected enrollment within the zone as determined by the appropriate school district must be provided prior to projected occupancy. This statement references Land Use Element section C-2. If you turn to the Land Use Element, the redlined strike out copy eliminates this provision. There is no longer any performance standard in the Land Use Element. So the EIR suggests a mitigation measure that is supposedly in the Land Use Element but the Land Use Element has eliminated the performance standard. Therefore, the mitigation measure is inappropriate. Finally, he stated that development fees under the statutory provisions of State law do not mitigate impacts to a level of insignificance which makes that mitigation inappropriate as well. Furthermore, Mello-Roos Community Facility Districts must be agreed to by the developer in question when he moves forward so that may not mitigate the Impacts either. Mr. Krupp believes that, in addition to air quality and circulation, schools should also be identified as not being able to be mitigated to a level of insignificance. Ruth Besecker, Benchmark Pacific, 6670 El Camino Real, Carlsbad, addressed the Commission and stated that she had FAXed over a letter dated March 16,1994 which set forth her comments on the EIR. She requested that her letter be entered into the record and become a part of the Minutes. She will then make verbal comments during the public testimony period for the Land Use Element. Dolores Welty, 2076 Sheridan Road, Leucadia, speaking on behaff of Project Future, addressed the Commission and stated that considering the abundance of open space, rare, threatened, and endangered natural resources, Project Future is astonished that this project states that only air quality and traffic will result in unmitigable impacts. All the mitigation is set aside for the future. She cannot see how there can be a finding that natural resources will be mitigated to a level of insignificance when there is no identification of what natural resources will be lost. Some of the natural resources to be considered are MINUTES PLANNING COMMISSION March 16, 1994 PAGE 4 endangered species, threatened species, endangered habitats, vernal pools, sage scrub, three wetlands, riparian areas, etc. There isn't even a map which shows where these things are. She doesn't understand how the City can say they have mitigated for all of these resources when nobody has even defined where they are located. Arto Nuutinen, 4920 Campus Drive, Newport Beach, California, representing the Carlsbad Unified School District., addressed the Commission and stated that his concerns overlap somewhat those made by Mr. Krupp earlier. He referred to his letter dated March 16,1994 which details his oljjections to the EIR and the Land Use Element, and requested that the letter be entered into the record. In essence, the District is concerned about approving an element of the General Plan which would allow the City to grant development approvals on affordable housing projects which would result in unmitigable facilities impacts. One of the bases for this concern derives from conclusions in the EIR which suggest that affordable housing is characterized by lower student generation rates than that of equivalent standard housing in the community. In fact, the District alludes to certain findings of the consultant firm of Recht, Hausrath & Associates which indicates that affordable housing demographics are characterized by student generation rates in excess of what is normally characteristic of student generation in this community. He will make available to staff copies of that report after he makes his comments on the Land Use Element. Mr. Nuutinen feels that the fundamental flaw of the environmental analysis is the supposition that there will be a lower student generation. Commissioner Erwin referred to Section 5.12.7-3 ofthe EIR, second paragraph, which states that "...higher density affordable housing does not generate larger number of school-aged children than similar types of housing for the general population." He inquired if this is the statement that the District contends is in error. Mr. Nuutinen replied yes. That conclusion was based on certain findings involving certain census reports which were the same fundamental analyses which were used by the Recht, Hausrath report. He passed out pages 10-16 of the report for the benefit of the Commissioners. Commissioner Noble inquired if the survey was conducted in Carlsbad. Mr. Nuutinen replied that it was taken in the Carlsbad area and surrounding communities. It was a two-tiered analysis. There being no other persons desiring to address the Commission on the EIR, Chairman Savary declared the public testimony closed and opened the item for discussion among the Commission members. Commissioner Schlehuber would like staff's response to the issues raised by the two school districts. Michael Holzmiller, Planning Director, replied that the pertormance standards for schools, referred to by Mr. Krupp, have been incorporated back into the Land Use Element (Errata #2). They were deleted in error. Staff used the Growth Management Plan as mitigation for schools because they felt that was the proper vehicle. In regard to the issue of affordable housing and student generation, he stated that this is the first time he has seen the Recht, Hausrath study. Staff has not been aware of any studies or research which indicated that affordable housing projects generate more students than mcxlerate income housing. In fact, SANDAG prepared a study that compared bedroom size to low-income and moderate-income and it concluded that there is no difference. Staff would have to disagree with the school district's conclusion based on the information they studied. Commissioner Enwin asked Mr. Holzmiller if "bedroom size" means number of children per s.f. of bedroom. He replied no; that the study compared family size of one bedroom/low income with family size of one bedroom/moderate income. A total project comparison is not as valid as when the project is broken down into bedroom size. SANDAG's report concluded that there is no difference. Commissioner Enwin stated that he would like to read that report. Mr. Holzmiller replied that he did not bring the report with him. Commissioner Schlehuber stated that Mr. Krupp was concerned about the conclusions in 5.12.7-4. He inquired if staff feels this has been remedied by Errata #2. Mr. Holzmiller replied that his understanding of the speaker's comments was that it was significant but it is mitigable by the pertormance standard of MINUTES PLANNING COMMISSION March 16, 1994 PAGE 5 Growth Management. The copy of the Land Use Element which Mr. Krupp had showed those standards as being deleted. Errata #2 reinserts those pertormance standards so they are, in fact, a part of the Land Use Element. Commissioner Schlehuber would like to know if this reinsertion of the Growth Management performance standards would satisfy their concerns. Marshall Krupp, CSA, replied that this reinsertion does address their concern because it now provides a mitigation measure. However, that doesn't resolve the fact that the EIR is still inadequate in defining what the environmental impact is. In essence, the mitigation measure is mitigating something that has not been defined. The previous statement about level of significance is based upon the impact. When you read the language in the EIR, you cannot determine what the impact is. As long as the pertormance standards are there, the school district is satisfied that there is a remedy they can use in order to ensure that the implementation of the General Plan will not impact the district. The difficulty is that anyone who reads the EIR, once it has been certified, and once the General Plan has been adopted, can come to the same conclusion that there was no definition of what the impact was. It is undefined at this point. In that case, the impact would have to be defined on every single project as it comes fonward to the City Council. Commissioner Schlehuber believes this is a full protection because the school district has to, in effect, certify the impact. Mr. Krupp replied that once the performance standard has been reinserted into the General Plan, it satisfies his client's concern about impact mitigation. He is not sure, however, if it will satisfy CUSD's concern regarding affordable housing. Mr. Nuutinen, representing CUSD, stated that he was aware of Errata #2 and he recognizes that this provides a mitigation measure. His client's concern relates to the actual analysis in the E|R which states that schools will be able to meet incremental growth in the community as it evolves. If that conclusion is premised on what they believe to be inaccurate information regarding student generation, they cannot agree with it because they feel there may be a worst case scenario. Commissioner Schlehuber commented that even with the worst case scenario, the school district has the hammer. Mr. Nuutinen replied that is true since affordable housing units will be pulled from the excess unit fund. However, the school district has not received confirmation that this is true with the General Plan Amendment. They want more clarification of the analysis so that they can point out where they disagree with the analysis. They just want to make sure that the policy established by the City Council will continue to be implemented. Commissioner Schlehuber inquired if the school district would have no problem with the EIR if, in fact, it is determined that all housing is governed by the City's growth management plan and that affordable housing must come from excess units. Mr. Nuutinen replied that even if the overall cap is met and excess units are pulled from the excess unit resen/e, the school district would still be impacted when certain regions are maximized. Their concern is that individual discretionary approval would still be allowed and could result in the approvai of units beyond the control points. Commissioner Schlehuber pointed out that even if that happens, the school district still has the hammer. Mr. Nuutinen appreciates that reminder. Karen Hirata, Deputy City Aftorney, requested that the study which Mr. Holzmiller referred to on student generation for low income versus other types of housing be included as part of the record, even though he did not bring that information to the meeting. The Commissioners unanimously agreed to that inclusion. Commissioner Hall stated that in the EIR we speak to Housing Program 4.1 of the Housing Element. He asked staff to explain Housing Program 4.1 (page 146) for the benefit of the audience. Mr. Holzmiller replied that one component of the adopted Housing Element was to see whether or not we should charge a fee to non-residential commercial/industrial development to help provide affordable housing. It was included in the work program for the Housing Element. The study has been completed by staff and is now MINUTES PLANNING COMMISSION March 16, 1994 PAGE 6 pending review by the City Council. They will make the decision on whether or not to go fonward and direct staff to adopt a fee program. Commissioner Hall did not recall this program being adopted. Mr. Holzmiller replied that the adoption was to "study and consider" creating a non-residential fee to help provide affordable housing. In effect, a fee would be charged to commercial and industrial development, based upon square footage, that would then go into the Housing Trust Fund and be used to provide affordable housing. The program to consider that type of a fee is part of the adopted Housing Element. After the Housing Element was adopted, the Planning Commission and City Council then approved a work program for all of the components in the Housing Element. That was one program which was included. Staff has completed the work and has drafted a report which is now pending consideration by the City Council. Commissioner Hall asked staff to explain the relevancy of Item #16 on page 2.05 under Air Quality. John Bridges, EIR Consultant, replied that this is needed to provide a balanced set of land uses in the community where people can have the opportunity to both live and work in the community to reduce vehicle miles traveled. This is a regional strategy to improve air quality and is an indirect connection. Commissioner Hall does not agree with that premise. He stated that it is used again in 5.5-4, Item #8. Mr. Bridges stated that section of the EIR deals with the impacts of increased population in the community as a result of growth over time. The Housing Element programs are designed to address that increase in population because housing is needed to accommodate the population. It is one of a combination of programs suggested as mitigation. Commissioner Hall inquired if when we speak to 4.1 we are speaking to future jobs, i.e. increase in commercial and industrial activity. Mr. Bridges replied yes. Commissioner Hall stated that his next concern relates to the trail system. In his interpretation of the EIR document, it sounds as though the trail system is a sure thing. His understanding is that the trail system is only a proposal. In each element, it discusses the trail system. Only when you get to the Parks & Recreation element does it mention that the trail system is proposed. He thinks that the trail system should be described as proposed throughout the entire document. Mr. Holzmiller replied that this is a valid point. The comprehensive Citywide trail system is subject to a financing mechanism. Commissioner Welshons commented that the two unmitigable points are air quality and circulation. If alternate methods of transportation are needed to mitigate the air quality, it seems that the trail system would be a high priority. Adrienne Landers, Senior Planner, replied that C-1 of the Open Space and Conservation Element is to establish a trail system, provided that financing is approved. All of the programs in the General Plan have been put into an implementing programs status chart that will be given to the Council for consideration on a yearly basis. They will take that into account when they establish their annual goals and objectives and budget guidelines. That will be monitored and evaluated on the City's ability to fund it. Commissioner Betz referred tiack to Program 4.1 on page 5.3-8. Item #16 refers to an in-lieu fee for affordable housing. She questions the last sentence which states "...employer assistance to provide affordable housing for their emptoyees." She doesn't understand why this is included in air quality. Mr. Holzmiller replied that the idea is that if you have employees who qualify for affordable housing, and there is no affordable housing in the City which causes them to live somewhere else, the distance between where they live and where they work in Carlsbad is greater so it causes more air quaiity problems because there are more vehicle miles traveled. The idea is that if there is affordable housing in the City, and employees qualify for that, not only will they be able to work here but they will be able to live here, thereby shortening the distance that they have to travel from home to work. Mr. Bridges pointed out that air quality is one of the significant unmitigable impacts so if some of these mitigation measures for air quality improvement seem like a stretch, they are intended to be. The City MINUTES PLANNING COMMISSION March 16, 1994 PAGE 7 needs to do everything they possibly can to improve the air quality situation, even though you cannot fully mitigate it. What they have tried to do is identify any programs in the General Plan that offer an opportunity to reduce impacts to air quality. By doing that, you will have done everything you can, and you can then adopt a statement of overriding consideration. Commissioner Hall is concerned about the downside to this correlation. He understands where staff is trying to go with this but he doesn't think it has been studied enough to be included in the General Plan. It sounds like this is the sure method the City will pursue. He is not sure we have enough background to incorporate this. Mr. Holzmiller replied that he thinks the misunderstanding is that there is nothing in the Housing Element or EIR that says we have to adopt this type of program. All it is saying is that it should be studied and considered. If the City Council decides that there isn't that correlation, and they don't want to have non-residential contribute towards providing affordable housing in the City, it's okay to make that decision. It won't violate the General Plan or the EIR if, after consideririg it, they decide not to do it. Commissioner Welshons referred back to 5.5-4, Item #8, and stated that "The maintenance of a high quality of life and a strong local economy..." sounds like an oxymoron. She thinks it is a contradiction when you follow it through and correlate it with the Housing Element, aftordable housing, loss of open space, etc. You can't have both things. Ms. Landers replied that these are goals in the Housing Element which was adopted recently and approved by HCD. Commissioner Welshons stated that it still doesn't make it right. Commissioner Noble doesn't think it is contradictory because the goal is to strive for those two things. The General Plan is only an outline of goals. Commissioner Welshons requested staff to address the mitigation measures for natural resources which was brought up by Dolores Welty. Ms. Landers replied that biological resources are included on one of the maps in the General Plan. There are many policies and programs addressing habitat management planning efforts. Commissioner Welshons inquired if staff feels the concerns of that speaker have been addressed. Mr. Holzmiller replied that the two concerns were (1) that we didn't have anything showing where the sensitive resources are, and (2) that habitat protection was inadequately covered. He feels both issues have been addressed because there is a vegetation map on page 5.4-2 showing a complete inventory of the habitat in the City and there are also numerous references to the habitat management planning efforts that the City and the region are involved in. Chairman Savary inquired if the Commission is prepared to vote on the EIR. Adrienne Landers, Senior Planner, noted that the Planning Commission would be recommending certification of the EIR to the City Council. Commissioner Schlehuber commented that he believes the school district has some valid concerns but he does think the impacts have beer] mitigated. As to Project Future's concerns, he believes that the map clearly states what is needed. Commissioner Hall's comment regarding the proposed trail should be included. In regard to the comments regarding the Housing Element and a possible tax on employers for affordable housing,. Commissioner Schlehuber feels that since these are only goals, any action would only be taken after significant public hearings and the tax may never happen. Someone will have to convince the City Council to do it and now it only gives them a tool to consider. He can accept the EIR with Mr. Hall's suggestion on any reference to the trail system. Commissioner Hall has strong objections to Section 4.1. He has stated these objections before and he will not vote in favor of the EIR as long as this wording exists. Chairman Savary requested Commissioner Hall to reiterate exactly what he objects to. Commissioner Hall replied that wherever the EIR speaks to 4.1, it is speaking to a future tax on business. MINUTES PLANNING COMMISSION March 16, 1994 PAGE 8 Commissioner Betz agrees with Commissioner Hall. She would like to see 4.1 deleted. Commissioner Welshons thinks the trails should be a flashing red light because it would help minimize circulation and air quality. Mr. Holzmiller suggested that a vote be taken on whether or not to strike 4.1 because it comes up again in the General Plan Amendment. The City Council has already directed staff to bring this fonward. When they adopted the Inclusionary Ordinance, they promised residential developers that they would at least consider this aspect. That will go fonward to the City Council, regardless of what is in the EIR. However, if the issue is whether or not to believe that this is an adequate mitigation measure to reduce air quality, staff has already determined that air quality is unmitigable. He doesn't want the two issues confused. Commissioner Noble stated that if the City Council has final authority, he doesn't think any options should be taken away from them. They could also force employers to urge employees to use alternative forms of transportation. Commissioner Hall knows that the City Council has the final say but these are the driving documents. ACTION: Motion was made by Commissioner Hall, and duly seconded, to strike 4.1 wherever it is referenced in the Environmental Impact Report. VOTE: 3-4 AYES: Chairman Savary, Commissioners Betz, and Hall NOES: Commissioners Enwin, Noble, Schlehuber, and Welshons ABSTAIN: None Chairman Savary called for a straw vote on the EIR. Commissioner Hall stated that he would cast his vote in favor of the EIR but he wants all documents which go to the City Council to be extremely clear about his objection to 4.1. ACTION: Motion was made by Commissioner Schlehuber, and duly seconded, to recommend certification to the City Council of the Final Master Environmental Impact Report to the City of Carlsbad General Plan Update dated March 1994 as presented, and that the trail system be asterisked throughout the document noting that it is subject to a funding mechanism. VOTE: 6-0-1 AYES: Chairman Savary, Commissioners Betz, Hall, Noble, Schlehuber and Welshons NOES: None ABSTAIN: Commissioner Enwin Commissioner Enwin stated that he did not wish to cast his vote in the straw vote but he would vote when the final motion is made. RECESS The Planning Commisston recessed at 7:24 p.m. and reconvened at 7:36 p.m. Adrienne Landers, Senior Planner, addressed the Commission and presented the staff report on the General Plan. Using a slide presentation for the benefit of the audience, she reviewed the vision and the eight elements of the General Plan. She stated that the last revisions to the Land Use Element occurred in 1985 to incorporate the Growth Management Plan. The present element has been extensively revised to address numerous new topics, however the major changes affect commercial and residential land uses. Many commercial designations have been redefined and some were consolidated. New policies were added addressing compatibility between commercial and residential land uses, including a provision for MINUTES PLANNING COMMISSION March 16, 1994 PAGE 9 commercial uses in master planned and industrial areas. The Element also focuses on programs to create a stronger economic focus in the City. Policies were also added to require a full range of residential densities and stress the necessity of achieving minimum permifted densities. The Public Facilities Element has also been integrated into the Land Use Element. Ms. Landers discussed the major issues of the circulation, noise, public safety, housing, open space and conservation, parks and recreation, and arts elements. Chairman Savary opened the public testimony and issued the invitation to speak. Ofelia Escobedo, 1611 James Drive, Carlsbad, President of the Barrio Carlsbad Association, addressed the Commission and thanked staff for including the Barrio in the Land Use Element. The Association has been working very diligently to raise awareness of the Barrio and to enhance and improve the Barrio community. Arto Nuutinen, 4920 Campus Drive, Newport Beach, representing the Carlsbad Unified School District (CUSD), addressed the Commission and reiterated his previous comments regarding the environmental analysis as part of the land use discussion. Although the General Plan contains a pertormance standard which states that "school capacity to meet projected enrollment within each zone must be provided prior to projected occupancy", there is no policy which ensures that public school facilities will be property funded. The school fees presently authorized are not sufficient to ensure that school facilities will be adequate to meet the needs of the community. CUSD is therefore seeking mitigation which would provide that assurance as part of the General Plan Update. CUSD also disagrees with the statement that affordable housing provides fewer students than equivalent conventional housing. This premise by the City could allow for approvals which result in density intensive zones that, even with the growth management ceiling, would have physical environmental effects on the public facilities of the City, including schools. To address this impact, CUSD would like to have the development condition which the Planning Commission and the City Council have included in recent development approvals integrated as part of the General Plan Amendment. Commissioner Enwin inquired if the mitigation that CUSD is seeking is to include in the General Plan the agreement CUSD has with the City. Mr. Nuutinen replied that is correct. Even though each individual project would contain the condition, they would also like to have it integrated into the General Plan. Chase Coman, 5855 Sunny Creek Road, Carlsbad, representing himself and his mother, Dorothy Ebright, addressed the Commission and stated that he had wriften a letter dated March 11,1994 which discusses his reasons for being in attendance at this public hearing. Mr. Coman read the letter aloud and requested that it be included in the minutes. In his letter, Mr. Coman stated that his mother had received notice that her 9+ acres might be affected by the proposed open space amendments to the General Plan. After reviewing the maps at the Planning Department, he discovered that most, if not all, of his mother's property would be classified as constrained. He met with Terri Woods and was advised that the constraints were the result of the 100 year flood plain and the creek which runs through his mother's property. However, the Open Space and Conservation map is at odds with the Zone 15 LFMP Constraints Map which, he believes, more accurately depicts the flood plain affecting far less of the site. He is concerned that a generalized boundary on a map, even though it is incorrectly drawn, could eventually lead to a complete taking of his mother's property. Section 3.a. on page 10 of the March 16,1994 staff report states that the map revisions pertaining to constrained lands do not depict precise boundaries. It further states that boundaries will be modified slightly in the future as more detail becomes available, i.e. the tentative map process. The primary purpose of his lefter is to state, for the record, that more than a slight modification to the open space map presented this evening may be required to accurately reflect conditions on his mother's property. He is also requesting an opportunity to meet with staff to revise the limits of the open space designation affecting her property in order to reflect actual conditions prior to the City Council adoption of the proposed General Plan Amendment. If that is not possible, he is requesting confirmation that site specific studies will be required before the actual boundaries of the City's open space zone is established in the area. MINUTES PLANNING COMMISSION March 16, 1994 PAGE 10 Commissioner Noble inquired if he was aware of the Planning Commission memorandum dated March 15, 1994. Mr. Coman was unaware of the memorandum. Commissioner Noble advised him that this memorandum states that staff has already made the changes you requested on the Open Space Map. Ms. Landers stated that she would see that Mr. Coman receives a copy of that memorandum. She confirmed that staff has met with Mr. Coman and the changes he requested have been made. Ruth Besecker, 6670 El Camino Real, Carlsbad, representing Benchmark Pacific, Fieldstone, and Kaiza Poinseftia, addressed the Commission and referred to her nine page lefter dated March 16,1994. These entities own approximately 3,092 undeveloped acres of land which will be impacted by the proposed General Plan Amendment. She stated that the updated General Plan creates some potential conflicts which she would like to see remedied. Some of her concerns are as follows: • Noise Walls as a Last Resort - This requirement could prohibit many developers from meeting the minimum density requirement. Further, when the Habitat Management and Open Space plans are overtaid, they will create additional conflicts. She requested that a subcommiftee be formed to discuss some of the ambiguities and internal inconsistencies in the proposed General Plan Amendment. • 60 CNEL Noise Level - She noted that the noise level is stated at 60 CNEL instead of 65 CNEL. She was under the impression that 60 CNEL was only an interim policy to see how it worked until the Noise Element was updated. She feels this issue deserves more study and she renewed the same otijections that were discussed when the idea was first proposed. Some consideration needs to be given to areas where noise levels cannot be controlled, i.e. properties adjacent to freeways, the rail corridor, and prime arterials. In the Arroyo La Costa project, for instance, if no walls or berms were allowed and 60 CNEL was the standard, the project would lose 206 lots or 19% of its project. That would probably eliminate the feasibility of the project from an economic standpoint. She realizes that the General Plan is only an outline, however, rather than making a statement that is too specific when addressing noise mitigation, she would suggest wording such as "encourage attractive street scenes" as a possible alternative. - Minimum Densities - The staff report states that a developer would be required to show cause why densities thresholds could not be met and, in addition, would be required to process a General Plan Amendment. However, in the strike-out version of the Land Use Element, it appears that this may be discretionary rather than mandatory. Since there is an inconsistency here, she would like to go on record as objecting to a requirement for a General Ptan Amendment. - South Coast Commuter Corridor - The language states that additional planning would be required due to emerging issues with SANDAG regarding densities in those areas, etc. Benchmark Pacific has recently purchased 3,000 undeveloped acres in that area and is the largest landholder. They are ready to start the application process. They are concerned that their application may be delayed significantly if the City decides to require a comprehensive plan for the commuter corridor. She would like to see this language changed. • Two Year Review for Commercial Uses - It is next to impossible for a developer with a multi-phased project to secure financing from a lender if the project must be completed within two years. She would like some reconsideration on that language. - Circulation - Fieldstone would like to request consideration in classifying Melrose, south of Rancho Santa Fe, to secondary arterial status. This subject is dealt with in detail in her letter but, basically, she is requesting that this decision be made now so that the debate does not continue into the future. • Open Space Element - She would like some thought given to how the Open Space Element related to the Habitat Management Plan once it is implemented. She suggested the possibility of open space credits to create some flexibility. MINUTES CORRECTED PLANNING COMMISSION March 16, 1994 PAGE 11 Commissioner Enwin inquired about her feelings on 4.1 and non-residential entities helping to provide subsidized housing in the community. Ms. Besecker replied that Fietostone participated in some extensive research when the Housing Element was being created. She would agree that this issue needs to be studied further. Commissioner Enwin inquired if Arroyo La Costa can be built to 60 CNEL. Ms. Besecker replied that it can, using 6 ft. walls and berms. Commissioner Enwin stated that he would like to clear up a misunderstanding about the noise requirement. Exterior noise can be as high as 70-75 CNEL but it must be mitigated to 60 CNEL, The interior first story must be mitigated to 45 CNEL. The second story exterior could be 70 CNEL. Ms. Besecker understands these noise requirements. Dolores Welty, 2076 Sheridan Road, Leucadia, on behalf of Project Future, addressed the Commission and stated that even though maps may be available, the txiundaries have not been set. Project Future is hopeful that the Commission will set aside certain natural resources t)ecause the General Plan Amendment does not give enough information as to how or if this will be supported. Neither does the General Plan Amendment identify a funding source so it appears that the hard decisions will be postponed until later. It invites developers to develop first and the citizens will be left with the residual. She does not feel that this premise complies with community values and attitudes. The community has been outspoken in the need for open space and agricultural retention. Instead, the Plan allows major urban development. She would like to see a nexus of what can be mitigated to a level of insignificance. If a trail is mapped, it would ensure its placement in the future. Marshall Krupp, Community Systems Associates, Inc., 730 El Camino Way, Tustin, California, representing the Encinitas School District, addressed the Commission and stated that he is concerned that there are errors in the documentation. As an example, in Aftachment #11 a school is identified at the El Camino Real and Rancho Santa Fe intersection and there is no such intersection. Other items he discussed were as follows: • School Impacts - He can accept the mitigation regarding pertormance standards as contained in the errata sheet prepared by staff. • Open Space - On page 29 of Attachment #26 and page 25 of Attachment #4, there is discussion of open space as it relates to schools. He is concerned that existing school sites are designated on the map as open space since it is a violation of State law, specifically Government Code 65852.9. (He provided a copy of that language for the benefit of staff and the Commissioners.) The Encinitas School District is opposed to the zoning of school sites as open space because it effectively devalues the property and it is a costly process to have the site rezoned. Furthermore, in Attachment #10, the General Plan designation for Olivenhain Elementary School is being changed from RLM to E but under the zoning action it shows that site as R-1 -10,000 with no change. Mr. Krupp provided an errata sheet for consideratton with wording that is consistent with State law. Mr. Krupp stated that he has prepared a letter to the Commission which he would like included in the record. The letter was given to Mr. Holzmiller. Mr. Krupp apologized for submitting his material at such a late hour. Commissioner Noble commented that there is nothing stated in the Land Use Element which requires the School District to rezone the property. Mr. Krupp replied that according to State law, a school site must be designated the same as surrounding properties. In other words, it cannot be zoned as open space. Commissioner Schlehuber suggested that perhaps staff should consider using the "Unplanned" zone for school sites. Michael Holzmiller, Planning Director, replied that if a site has been purchased or there is a school on it, it is designated in the General Plan as a school site. However, for the past 15 years. Carlsbad has always zoned proposed school sites as open space until it is either purchased by the school district or MINUTES CORRECTED PLANNING COMMISSION March 16, 1994 PAGE 12 a school is built on the site. The school district doesn't have a problem with the General Plan designation. They only have a problem with the zoning. This law may have been created after all of the school sites were rezoned about 15 years ago. Karen Hirata, Deputy City Attorney, disagrees with Mr. Krupp's assessment and how it applies to what the City is doing here. In her opinion, the City is doing nothing illegal here and it hasn't been doing anything illegal in the past. This code section states that the City cannot "rezone" a site to open space prior to their sale. If the school district were trying to sell a site for a goodly sum, the City could not come along and rezone the site to open space just to stop the sale of the property. This is not what we are doing; the school sites are not being rezoned. Mr. Krupp believes that zoning school sites as open space is inconsistent with this government code section because it clearly states that the land use designation must be compatible with surrounding land uses. He believes there is no reason to zone a school site as open space unless the City desires to purchase that site at a devalued price if it became available for sale. Ms. Hirata disagrees with Mr. Krupp's £iSSiimpIM>n legal analysis. Commissioner Enwin inquired if this reasoning is because the school district wants to get the highest zoning possible in the event of a resale. Mr. Krupp replied no; it is actually more related to the school's asset management program. Commissioner Enwin inquired if this is so the property could be sold and developed into a large apartment complex. Mr. Krupp replied no. If R-1 is the surrounding zoning, then the school site should be R-1 as well. Commissioner Enwin understands that when a school is built, the site is usually provided by the developer and the State provides the rest of the money. Mr. Krupp replied that is not correct. There is a 50-50% program as well as a 100% program. The State doesn't always put up all the money and developers are not required to dedicate property for a school. They are required to pay a fee. However, Carlsbad has greater leverage as a result of the Growth Management program. Some developers have dedicated land in lieu of school fees. Commissioner Enwin inquired when a school is sold that was built under the 50-50% program, does the State get back 50% of the money. Mr. Krupp replied that if a school is undercapitalized, the State sometimes waives this requirement. If a school is under capacity, the State may require payment. The actual amount would be negotiated. Wesley Radoycich, 2620 El Aguila Lane, Carlsbad, addressed the Commission and stated that he represents the Friends of Carrillo Ranch. The proposed Highway 680 was cancelled due to environmental problems. The Friends would like to recommend that the Melrose Avenue link from Palomar Airport Road to Rancho Santa Fe Road be greatly downgraded or, preferably, deleted from the Circulation Element of the General Plan. Othenwise, the huge amounts of traffic on Melrose will create a traffic bottleneck that would injure the delicate Carrillo Ranch. Mr. Radoycich's remarks were submitted to the Minutes Clerk for inclusion in the record. Bob Ladwig, 1947 Camino Vida Robles #108, Carlsbad, representing MAG Properties, addressed the Commission and stated that his client is concerned about the two year review on commercial properties since the development of commercial properties normally has to wait for development of the surrounding area. Many times this takes up to four years for an area to fully develop. He requested consideration in having that language deleted or amended. Richard Chick, 2775 Spokane Way, Carlsbad, representing Joe Sherman, addressed the Commission and stated that his client owns 96 acres in the northwest quadrant adjacent to the South Coast Asphalt Plant on Highway 78. The proposed General Plan shows a split land use designation on this property with a MINUTES PLANNING COMMISSION March 16, 1994 PAGE 13 large portion designated as open space. He stated that the delineation of open space depends on the future alignment of Marron Road. Therefore, he requested consideration in having the land use designation remain in its present state rather than the designation which has been proposed. Margie Monroy, 3610 Carlsbad Boulevard, Carlsbad, representing the League of Women Voters, addressed the Commission and congratulated staff for producing a user-friendly document that is easy to understand. However, she believes that some of the errata strike out changes make the document less clear. For instance, on page 39 the strike out portion shows growth management as being deleted. She inquired if the errata corrected that situation. Ms. Landers replied that it did. Ms. Monroy commented that the City Library did not have that correction in their version. Ms. Monroy stated that the League wants people to have all of the facts before the public hearing. She thinks there is a problem bringing this large of a document fonward at one time unless all of the material is available for public review well in advance of the hearing. One major item that the League is interested in is the Housing Element. She realizes that it was adopted in 1992 and it is coming up again in 1994 with no changes. However, in 1992 the 1990 census figures were not available and they are now. She would like to have those census figures included. Those figures are used in the Parks & Recreation Element and she thinks the document should be consistent. She would also like to know if efforts are being made to do a housing inventory rather than rely solely on the census. Also, in Section 3 she doesn't see any mention of constraints regarding affordable housing and neighborhood negativeness. She inquired if something should be said about that and if there are ways to mitigate this problem. Commissioner Welshons commented that she had recently attended the Planning Institute Conference and one thing they stressed was to make sure that data is consistent. She appreciates Ms. Monroy's comment regarding the 1990 census data. Dan Downing, 7254 Mimosa, Carlsbad, addressed the Commission and stated that the proposed General Plan takes Carlsbad into the 21st century. If it is done right, our children will have a wonderful place to live. If it is done wrong, they will be the ones to pay the price. He hopes the Commission will take this into consideration. He feels we need a new vision because in the 21st century cars will be a thing of the past. He thinks we need to modify the plan and promote alternate methods of transportation. He thinks we need to plan now for rights-of-way for public transportation rather than wait until later when we have to tear down buildings. Commissioner Noble inquired if Mr. Downing was aware of the plans for the commuter rail from Oceanside to San Diego and Escondido. Mr. Downing replied that he doesn't think the proposed General Plan addresses that very well. Commissioner Enwin inquired if Mr. Downing is advocating the setting aside of rights-of-way now for the future. He replied yes. Commissioner Erwin inquired if he is suggesting that we leave properties in their natural state. Mr. Downing replied no. He thinks we need to include plants and drip irrigation. We also need to address habitat issues. Larry Lamb, 4669 Wocxjstock, Carlsbad, representing himself and the Cape at Calavera Hills Homeowner's Association, addressed the Commission and stated that he is concerned we are giving preferential treatment to new development at the expense of existing residents. If this is the case, then something is wrong with this City. He moved here from Los Angeles to get away from the walls. Now College Boulevard is being approved with walls. He has talked about this on numerous occasions. He is not talking about mitigation. He is talking about the realignment of College Boulevard. In some cases, College Boulevard will be only 18 ft. away from the existing homes. He urged the Commission not to make this mistake at the expense of existing residents. MINUTES PLANNING COMMISSION March 16. 1994 PAGE 14 Don Friedlander, 2245 Nob Hill Drive, Carlsbad, addressed the Commission and stated that in looking at the EIR, he sees an area of noise mitigation which has been overlooked. That is the noise of aircraft in the City of Carlsbad. The proposed General Plan seems to address the concerns of airport noise in terms of the areas immediately surrounding the airport. The landing paftern runs east and west, however the flight paftern for aircraft from Los Angeles runs the entire breadth of the City. He realizes that the City has no direct control of aircraft because the airport is controlled by the County. Mr. Friedlander would like to see some controls on aircraft-generated noise in the City. He thinks existing residents have the right to enjoy quiet. Commissioner Enwin inquired if the aircraft noise he is referring to comes from twin turbo props. Mr. Friedlander replied yes, that it is mostly from commercial aircraft. He feels the noise will be 40% worse at buildout but it depends on where the San Diego airport is moved to. Ernestine Graves, 4620 Buckingham Place, Carlsbad, addressed the Commission and stated that she lives at Tamarack Pointe. She has called the City several times to complain about the aircraft noise. She also has a problem with barking dogs. Caroline Prescoft, 4669 Woodstock, Carlsbad, addressed the Commission and stated that she likes the proposed General Plan but she is concerned about College Boulevard and the setback requirement for walls. She would like to see trees planted along streets with a lot of traffic. It would also protect the walls from graffiti artists. She is concerned that the wall along College Boulevard will be a great target for graffiti. She also has a problem with barking dogs in her neighborhood, but she has never found airport noise to be a big problem. She loves being able to fly out of Carlsbad. Lastly, she would like to know if powerline easements were considered due to the public controversy about EMF. Commissioner Welshons inquired how the College Boulevard realignment will affect her. Ms. Prescott replied that the proposed College Boulevard will bring a tremendous amount of traffic into her neighborhood. Her father used to be on the Planning Commission and he told her that when that alignment was created there was never a plan to place business uses in the residential area. Albert Benguiat, 2947 Lexington Circle, Carlsbad, addressed the Commission and stated that he has had many problems with barking dogs in his neighborhood. He brought along a tape recording made in his bedroom if anyone was interested. He asked the City on numerous occasions to look into the problem. The County of San Diego has an Office of Noise Control. They send a warning letter and if the problem continues, the District Attorney's office files a misdemeanor complaint against the offender. If convicted, the offender can be fined up to $1,000 for each count or they can be sent to jail. He thinks the City of Carlsbad needs an effective process to deai with barking dogs. He will continue to complain until the process is improved. Karen Hirata, Deputy City Attorney, replied that Mr. Benguiat has written numerous letters to the City and staff has spent a great amount of time investigating the problem. She feels that our ordinance is adequate and staff does not recommend any changes. Mike Howes, Hofman Planning Associates, 2386 Faraday, Carlsbad, addressed the Commission and stated that he hopes the Planning Commission will adopt 65 CNEL as the standard because it is extremely difficult to meet the 60 CNEL requirement. It means the difference between a 6 ft. wall and a 10 ft. wall. Berms eat up land. For instance, a 6 ft. berm requires 27 ft. of developable area. In order to mitigate Rancho Carrilto to 60 CNEL, it wilt require 10-12 ft. walls or 125 ft. setback. Many cities use 65 CNEL along freeways and major transportation corridors. Commissioner Erwin asked staff what the consultant recommended for the CNEL. Terri WocxJs, Associate Planner, replied that staff originally suggested 65 CNEL but the noise consultant recommended 60 CNEL. MINUTES PLANNING COMMISSION March 16, 1994 PAGE 15 Commissioner Enwin stated that a survey was taken in 1990 and a number of cities use 60 CNEL. He believes that 5 dBA is a significant amount of noise. Mr. Howes concurred that 5 dBA is when you can notice the difference. Paul Irisari, 1817 Hanscomb Drive, South Pasadena, addressed the Commission and stated that he is representing the owners of property located in the southeast corner of Laurel Tree Lane and Palomar Airport Road. Under air quality and circulation, mitigation calls for limited access on high use roads such as Palomar Airport Road. However, he is concerned that historical access be preserved. The property he is speaking to is served by Laurel Tree Lane, which has and can provide future access to the property. He would like to make sure that historical access is not denied, particularly in areas where access may be denied because the arterial is an important one and the deceleration lanes are extreme. He contends that if other access is denied from important arterials, then secondary access should be assured. Bob Ladwig, 1947 Camino Vida Robles #108, Carlsbad, representing MAG Properties, addressed the Commission and stated that this is the first time he has seen the exhibit which was handed out regarding potential alternatives. Program C.12. As he understands it, if commercial sites are within a Master or Specific Plan, they will be exempt from the periodic reviews. If that is correct, he would be satisfied with that. Chairman Savary noted that the hour was late. She asked the Commissioners how they wished to proceed. ACTION: Motion was made by Commissioner Welshons, and duly seconded, to close public testimony and continue this item to April 6,1994. VOTE: 7-0 AYES: Chairman Savary, Commissioners Betz, Enwin, Hall, Noble, Schlehuber and Welshons NOES: None ABSTAIN: None After discussion, the Commission was polled and they unanimously agreed that public testimony would be reopened at the April 6 meeting. ADJOURNMENT: By proper motion, the Regular meeting of March 16,1994 was adjourned at 9:58 p.m. illy sut WAYNE &nt Planning Director BETTY BUCKNER Minutes Clerk MINUTES ARE ALSO TAPED AND KEPT ON FILE UNTIL THE WRITTEN MINUTES ARE APPROVED. MINUTES CITY COUNCIL ACTION Q < 03 05 _l Z < < o {: tr — a ^ .J . ^ >^ 2 z oc I o Ol lij S > T CC S a S * o 9 ^ to 5 o 3 8 ;3 < 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9^-246 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING THE MASTER ENVIRONMENTAL IMPACT REPORT, EIR 9 3-01, AND ADDENDUM THERETO, AND APPROVING THE GENERAL PLAN AMENDMENT, GPA 94-01 AND THE SEAPOINTE RESORT APPROVING A NEGATIVE DECLARATION FOR A GENERAL PLAN AMENDMENT, GENERAL PLAN AMENDMENT, ZONE CHANGE AND LOCAL COASTAL PROGRAM AMENDMENT CASE NAME: GENERAL PLAN UPDATE AND SEAPOINTE RESORT CASE NO: EIR 93-01, GPA 94-01, GPA 93-04 ZC 93-05/LCPA 93-04 WHEREAS, on March 16, 1994, April 6, 1994, and April 20, 1994, the Carlsbad Planning Commission held duly noticed public hearings as prescribed by law to consider a comprehensive update of the Carlsbad General Plan (GPA 94-01) including a detailed review and subsequent update of all the elements, existing background information, tables and map figures, graphics, goals, objectives, policies, and programs and a Master Environmental Impact Report (EIR 93-01). At the conclusion of the hearing the Commission adopted Resolution Nos. 3630 and 3 631 recommending to the City Council that (GPA 94-01) and (EIR 93- 01) be approved; and WHEREAS, the City Council of the City of Carlsbad, on August 9, 1994 and August 16, 1994, held a public hearing to consider tihe Commission's recommendations and heard all persons interested in or opposed to the General Plan Update (GPA 94-01) and Master Environmental Impact Report (EIR 93-01); and WHEREAS, at said public hearing, the City Council also considered an ••errata" sheet dated August 9, 1994 and an "Addendum to Environmental Impact Report EIR 93-01"; and WHEREAS, the vision and introduction of the General Plan sets forth the vision of Carlsbad to provide a balanced UJ o> > v Q S < O o z a: DC O UJ o 2 i 5 Q u S O 01 O _l CVJ CC ~ < 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 variety of land uses for living, business, employment, recreation and open space opportunities; and WHEREAS, the Council affirms this statement and shall review all future, proposed amendments to the General Plan to ensure that they are harmonious with and consistent with the intent of this vision statement as well as the goals of each element of the General Plan; and WHEREAS, the City Council has determined that the proposed amendments are consistent with this vision; and WHEREAS, while the City Council recognizes that existing noise is adequately addressed and that amendments to the Noise Element of the General Plan shall provide for appropriate mitigation, nonetheless, it also recognizes a need to monitor new sources of noise, including, but not limited to "nuisance noise" resulting from unplanned or uncontrolled noise generators and shall review the need for future amendments to the General Plan and implementing policies for ordinances in the future; and WHEREAS, on May 18, 1994, the Carlsbad Planning Commission held a duly noticed public hearing to consider a Negative Declaration for the General Plan Amendment, General Plan Amendment (GPA 93-04) , Zone Change (ZC 93-05) and Local Coastal Program Amendment (LCPA 93-04) all relating to Seapointe Resort. At the conclusion of the hearing the Commission adopted Resolution Nos. 3661, 3662, 3663 and 3664 recommending the Seapointe Resort be approved; and WHEREAS, the City Council of the City of Carlsbad, on August 16, 1994, held a public hearing to consider the 2 ii < o CD >. o z oc oc o < 2 i ^ o cc < 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 Commission's recommendations and heard all persons interested in or opposed to the Negative Declaration for the General Plan Amendment, General Plan Amendment (GPA 93-04), Zone Change (ZC 93-05) and Local Coastal Program Amendment (LCPA 93-04) relating to Seapointe Resort. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That the City Council adopts and incorporates the findings and conditions of Planning Commission Resolution Nos. 3630 and 3631 certifying the Master Environmental Impact Report (EIR 93-01) and Addendum for the comprehensive update of the Carlsbad General Plan (GPA 94-01) including a statement of overriding considerations and attached addendum except as modified herein: (a) Delete Finding No. 6(b) in Planning Commission Resolution No. 3630. (b) Add the following to the findings as new Finding No. 6(b): "LOCATION AND CUSTODIAN OF RECORD OF PROCEEDINGS. Pursuant to Public Resources Code section 21081.6(d), all the materials that constitute the administrative record in this proceeding are in the custody of and can be found in the offices of the City Clerk and the Director of Planning in the City of Carlsbad. The administrative record includes, but is not limited to: the Final MEIR and Addendum thereto, all technical appendices thereto, the Draft MEIR and all public comments thereon received during the public review period and responses thereto, and the proceedings of the Planning Commission and the City Council thereon." (c) Delete previous Finding No. 6(c). a> CO UJ Oi ii _J z 5 1% 6 O < o d < ca 05 _j DC < O 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 (d) Add the following as new Finding No. 6(c): "INDEPENDENT JUDGMENT. Pursuant to Public Resources Code Section 21082.1, that the Final MEIR reflects the independent judgment of the City Council." (e) Modify the STATEMENT OF OVERRIDING CONSIDERATIONS as follows: "Sections 15092 and 15093 of the CEQA Guidelines The City of Carlsbad finds that the mitigation measures discussed in the CEQA findings and the Final MEIR (EIR 93-01), when implemented, avoid or substantially lessen most of the significant effects identified in the MEIR. Nonetheless, certain significant effects of the project on AIR QUALITY and CIRCULATION are unavoidable even after incorporation of all feasible mitigation measures such as those listed in Section 5.3-1, Air Quality, and Section 5.7- 1, Circulation of Master EIR 93-01. The impacts to Air Quality and Circulation are regional issues which require regional solutions and are beyond the jurisdiction of the City to control. The City has included text, and numerous programs and policies which acknowledge the City's responsibility and willingness to participate in regional efforts to resolve these issues. The City Council has balanced the benefits of having an updated General Plan to guide the future development of the City against these remaining unavoidable environmental effects and finds them acceptable. The City rec[uired an Updated General Plan which reflects the current goals of the community and recognizes the quality of life standards that are fundamental to the citizens of Carlsbad. The benefits of adopting the Updated General Plan outweigh the incremental contribution to regional Air Quality and Circulation impacts." 3. The Master Environmental Impact Report (EIR 93-01) and Addendum are amended to include the comments and documents of those testifying at the public hearings and responses thereto, and found to be in good faith and reason and by incorporating a copy of the minutes of said public hearings into the Report. 4. The Mitigation Monitoring Checklist (Exhibit "B" to Planning Commission Resolution No. 3630 and Appendix "B" of 4 < o CD ^ UJ a> ii UJ C3 3 s z DC o < < z § It o Q 2 05 -1 oc < 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 the Technical Appendix to the EIR) is approved with the follow^ing changes to be made: a) On page 13, insert the following item as Air Quality Item No. 16 in the checklist, with all subsecjuent items renumbered accordingly: "The City will study the impact of commercial and industrial development on housing demand and the ability of local employees to afford local housing. Where adverse impacts are identified, mitigation measures may be considered to reduce the impact. These measures include, but are not limited to, the requirement of commercial and industrial developers and employers to contribute an in-lieu fee towards the production of affordable housing and employer assistance to finance affordable housing for their employees. (Housing Element, Program 4.1)" b) On page 45, Cultural and Paleontological Resources No. 10, change the word "and" to "or" so that the introductory phrase reads as follows: "Prohibit the alteration of properties, with state or national significance..." c) On page 47, Noise No. 6. delete the first sentence, which reads: "Enforce the policy of the City that sixty-five (65) dBA CNEL is the exterior noise level to which all residential units should be mitigated."; also, change *(65)' to '(60)' in the next (now first) sentence following the word "sixty". 5. That among the alternatives evaluated, the City Council finds that the project, as defined in the MEIR and the staff report, which incorporates mitigation measures as discussed below, is approved for implementation. 6. That the City Council adopts and incorporates Planning Commission Resolution No. 3631 approving the General < o a: t _J o z cc DC 00 UJ at ii UJ 31 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 Plan Amendment updating all elements to the City of Carlsbad General Plan except as specifically changed herein: a) Amend the Land Use Element of the General Plan, Section II "Description of the Land Use Plan" to change the word "a" to "be" in the third sentence after the word "will" and before the word "comprehensive" in subsection D.7.a. "Special Planning Considerations" (Barrio) (at page 25) . b) Amend the Land Use Element of the General Plan, Section III "Goals, Objectives and Implementing Policies and Action Programs", to delete the words "both existing and" from subsection C.12 in "Commercial" (at page 33). c) Amend the Land Use Element of the General Plan, Section III "Goals, Objectives and Implementing Policies and Action Programs" by adding the following new policy C.13 in "Commercial" (at page 33): "C.13 Strip commercial development shall be discouraged along scenic roadways and major thoroughfares, including but not limited to El Camino Real, so that land uses and scenic roadways are preserved and enhance the visual, environmental and historical characteristics of the local community through sensitive planning and design of transportation and utility corridors." d) Amend the Land Use Element of the General Plan, Section III "Goals, Objectives, and Implementing Policies and Action Programs" to add the word "trails" after the phrase "recreation areas," in "Transportation Corridor" subsection B.2 (Objectives) (at page 37). e) Amend the Open Space Planning and Conservation Element of the General Plan, Section III "Goals, Objectives and Implementing Policies and Action Programs" by 6 IAD OJ oo m Ul O) 05 > ARL DRI cb s U LU CM _J _I u. o Oi BAI OA LLA NIA ai Q CIT > Q FOR —I < > BA z UJ 05 O o z _J O oc oc tr Q o 00 CA < ATT 00 CA LSB CVJ AR o O 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 adding the following new policy C.30 in "Open Space Planning and Protection" (at page 25): "C.30 The City shall incorporate in this element" any requirements of a city, sub- regional, or regional multi-species habitat plan if and when such plan is adopted." 7. That the City Council adopts and incorporates Planning Commission Resolution Nos. 3661, 3662, 3663 and 3664 recommending approval of the Seapointe Resort Negative Declaration for the General Plan Amendment, General Plan Amendment (GPA 93-04), Zone Change (93-05) and Local Coastal Program Amendment (LCPA 93-04). a) Independent Judgment: The City Council finds that the Negative Declaration reflects the City Council's independent judgment. b) Location and Custodian of Record of Proceedings. Pursuant to Public Resources Code section 21081.6(d), all the materials that constitute the administrative record in this proceeding are in the custody of and can be found in the offices of the City Clerk and the Director of Planning in the city of Carlsbad. The administrative record includes, but is not limited to: the Negative Declaration and all public comments thereon received during the public review period and responses thereto, and the proceedings of the Planning Commission and the City Council thereon." 8. That these two changes to the General Plan constitute a single General Plan Amendment pursuant to the provisions of Government Code section 65358. < 05 CO _J cc < < o tr t Ul a> > "7 OC S Q S w Si 3| > OC CD ^ 2 05 CM 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 EFFECTIVE DATE: This resolution shall be effective upon tts adoption, except as to the General Plan Amendment, which shall be effective (30) days following its adoption. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 6th day of SEPTEMBER/ 1994, by the following vote, to wit: AYES: Co uncil M6inb6rs L6wi.s> St3.nCony Kulchin, Nygaard, Finnila NOES: None ABSENT: None ABSTAIN: None CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City C\erk (SEAL) MEETMQOF: DATEOF TIME OF MEETINQ: PLACE OF MEETING: MINUTES CrrvCOUNCI. (Regular Maedns) Augusts. 1904 6:00 pja Clly Counci Chamben CALL TO ORDER Mayor Lewis caUed the Meeting to order at 6:19 p.m. ROLL CALL was taken by the City Clerk, as foUows: Praaart: Coundi Members Finnila, Nygaard, Kuichia Mayor Pro Tam Stanton and Mayor Lewis. Nona. PlfflJ<?H6^PiN<?$: 11. AB #12.821 . QENERAL PLAN UPDATE . EIR 93.1/QPA 94.1 fCONTlNUED FROM 8/9/94L Mayor L«wis amouncad that publto testimony was received and tha Publto Hearing was ctosed at tha maating of August 9,1994. The item had than baan cor«inuad to this meeting for Council discussion and action. Land Uaa Elamant in response to Council query, staff stated tha Impiamaniing PoHcy 0,12, which raquiras tha pariodfc raviaw of commarcial sites. appUae toal commarcial t>ae axistir)g and futurt proposals. ACnoW: By consensus. CouncM diractad staff to grandfather axUtlng commarcial sites by tha amandmant of Poltoy C.12. on paga 33 of tha Land Usa Element, to delete tha word *axisting*. August 16.1994 Page 4 PUBUC HEARINQS: (Continued) Mayor Lewis inquired whether the prohibltton of commercial davelopmant along scanto corridors was addressed in the Plan. In response, staff explained ttiat there was a Scanto Corndor Study completed previously, and it is incorporated in the Circulatton Element, but it is not addressed in the Land Use Element ACTION: By consensus. Council directed staff to indude language in the Land Use Element that woukj *prohibit strip commercial devetopment atong major thoroughfares, parttouiarty scanto corridors such as El Camino Rear. Councii Member Nygaard referred to Transportatton Corridor Ot>jective 8.2 on page 37 of the Larxi Use Element, and requested inclusion of the word trails*. ACTION: On motion by Council Member Nygaard, Council directed staff to add ttie word trails' to Transportatton Ccxridor Objective B.2 on page 37 of the Land Use Element AYES: Lewis, Stanton, Kutohin arxl Nygaard Firviila Circulation Elemen: Mayor Lewis requested an expianatton from staff regarding Melrose Avenue. The Assistant City Engineer explained that the street will be biriit to prime arterial standards; however, there was a waiver to aitow toss grading. The street maintains the prime arterial designation. Noiaa Elament: Coundl MemtMr Finnila stated she woukj like staff to look into a nuisance noise program that ccxikJ bm implememed in the future. ACTION: By majority consensus, Coundl direded staff to add language to the Noise Element which would dired staff to retum at a later date for consideratton of a noise study, with thm possit)ility of implementing a nuisance noise program at some time in the future. Housing Elainant: Coundl Member Finnaa referanced tha wording in tha Housing Elamart which addresses encouraging tha uaa of fadoty-tHjilt housing/manufadured housing. Sha expressed the opinton that tha CHy doas not encourage the buitoing of such housing types: therefore, tha wording shouid be deleted, ACTION: By majority consensus, Coundi datarminad to retain tha wording and make no changes to the Housing Element. Opan Spsoa and CmiaeiwiMluii Element: Council Members questtoned whether wording would be added requiring conformance with a ragtonal Habitat Management Plan. August 16.1994 PUBUC HEARjNQS: (Continued) ACTION: Page 5 By consensus. Council direded staff to add language to the Opan Space and Conservation Element stating that the City shaN incorporate into the Qeneral Plan any requirements of a city, sut>-regional or regtonal multi-species habitat plan if, and wfien, such a pian is adoptad. Pubic SaMy Elamert: Council Memt)er Finnila referenced the fad that a crew would tM coming from luxig Beach if tfiere were an oil spill off our coast, and questtoned whettier the response wouki be fast enough. Staff explained that SDQ&E has the responsibility for any oil spills in the ocean and the City deals with the land porttons. Paries and Recreation Elamert: No dianges were made. Arts Element: No cfianges were made. AddUonai ModHcations: ACTION: In response to Coundl request from the previous meeting, staff suggested, and Councii concurred with the additton of the foltowing language in the Land Use Element in the Overail Land Use Pattem Sectton: The City shall review all future proposed amendments to ttie Qeneral Plan to ensure that they are harmontous with and consistent with ttie intent of the Viston Statement, as well as ttie Qoais of each Element of the Qeneral Plan.* Coundl. by consensus, approved the modiicattons made by staff to the Mitigation Monitoring Checklist as detailed in the memorandum dated August 9, 1994, from the Planning Department to the Coundl On motton by Mayor Pro Tem Stanton. Coundl dk«ded the City Attorney to prepare documents approving Qeneral Plan Amendment (QPA 94-1), as modiTied by their prevtous actions, to comprahensively update the Qeneral Plan. Lewis. Stantoa Kulchin, Nygaard arxl Finnla Mayor Lewis dedared a recess at 7:59 p.m. and Coundl re-convened at 8:12 p,m,, with an Members prMsnt ACTION: ACTION: AYES: MINUTES MEETING OF: DATE OF MEETINa TIME OF MEETINa PLACE OF MEETING: CnY COUNCIL (Regular Meeting) August 9,1994 6:00 pni City Coundl Cfiambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:00 p.m. ROLL CALL was taken by the City Cleric, as follows: Present: Council Members Finnila, Nygaard, Kulchin, Mayor Pro Tem Stanton and Mayor Lewis. Atjsent: None. AB #12.821 • GENERAL PLAN UPDATE - EIR 93-1/GPA 94-1. Mike Holzmiller, Planning Diredor, began the staff report by explaining the reasons for the General Plan Update. He aiso summarized the process used for ttie update. Dee Landers, Sentor Planner, continued with the staff report by detailing the process used during the public review portion of the program, and explained some of the general changes made to the Plan. August 9, 1994 Page 4 PUBUC HEARINGS: (Continued) Mr. Holzmiller then referenced a memorandum dated August 9,1994, which explains corredions staff made to the Mitigation Monitoring Checklist. RECESS: Mayor Lewis declared a recess at 7:50 p.m., and Council re-convened at 8:03 p.m., with all five Members present. PUBUC HEARINGS: (Continued) John Bridges, Consultant with Cotton/Beland/Associates, Inc., and Rob Greene, Senior Project Scientist, Woodward-Clyde Consultants, explained the purpose of a Master EIR and confirmed that a master EIR does not preclude the opportunity for public input. Council Member Nygaard stated she would like to have something written in the Plan stating all Amendments would also be reviewed for compliance with the Vision Statement contained in the Plan. Mayor Lewis opened the duly noticed Public Hearing at 8:20 p.m., and issued the invitation to speak. Dolores Welty, 2076 Sheridan Road, Leucadia, representing Projed Future, read a letter, a copy of which is on file In the City Cleric's Office, expressing concerns about the proposed update. Mark Chomyn, San Diego Gas & Electric, 101 Ash Street, San Oiego, expressed concern with Policy Item C.11, which suggested the elimination of 'poweriine' easements from consideration as meeting the 15 percent Growth Management open space performance standard. He felt Policy C.11 should be re-wrinen or dropped, so powerline easements could be considered to meet the 15 percent Growth Management Plan. Mr. Chomyn also stated that SOG&E has had correspondence with the State Lands Commission in which they say that the Agua Hedionda Lagoon is located under the Agua Hedionda Land Grant and is precluded from public holding by the State. Therefore, he requested that staff look at the issue and make the appropriate modification to the EIR. In response, the City Anomey stated that the City, In the EIR, is not adjudicating ownership of the Lagoon and the issue is a private maner between SDG&E and the State. Pat Knox, 2002 Pintoresco Court, stated she had concems atxiut noise, traffic and air quality. She stated that she thought the Growth Management Plan was supposed to preclude the occurring of any 'hot spots* as menttoned in the Generai Plan, and wanted to know how confined those areas woukJ be, including the intersedions that will faii the Growth Management requirements. Ms. Knox stated that the traffic circulatton arxl noise issues need to be addressed more fully. Bob Ladwig, Ladwig Design Group, Inc., 1947 Camino Vida Roble, Suite 108, read his letter dated August 9, 1994, a copy of which is on file in the City Cteric's Offtoe. He asked for language to be inserted allowing Melrose Avenue to be reclassified as a major arterial. August 9, 1994 Page 5 PUBLIC HEARINGS: (Continued) Ofelia Escotiedo, 1611 James Drive, President, Barrto Carisbad Association, stated they support the General Plan update, and requested staff to complete the Barrio Plan to tie presented for finai adoption and incorporation into the Generai Plan. Mike Howes, Hofman Planning Associates, 2386 Faraday, stated tfiat it is difficult to reduce the noise level to 60 CNEL in developments by prime arterials, freeways and the railroad. He requested that the staff be given the flexibility to allow developers to exceed the 60 CNEL, if a projed cannot meet the standard without undue hardships. Leslie Sipple, 1287 Vera Cruz, Oceanside, stated that she hoped staff would consider the people impeded t}y the changes in the Qeneral Plan. She stated that she is an owner of 246 acres that is under the Mello-Roos, and there is no consideration given to property owners who might not be able to pay the taxes. Ms. Sipple asked for something to be done to give relief from the tremendous tax bill they owe. Since no one else wished to speak on this matter. Mayor Lewis closed the Public Hearing at 8:47 p.m. Clarifications and Responses to Questions Mike Holzmiller stated that powerline easements have never been counted toward the 15 percent open space requirement. The 15 percent open space is in addition to things already constrained, and this was addressed by the Open Space Citizens Comminee. If all requirements have already been met, and if this is an enhancement, such as a trail system or a buffer, then it can be counted. In reply to query, Mr. Holzmiller stated that railroad rights-of-way are the same as future roadways-and not open space. Council Member Finnila stated if the City continues to grow, it will be necessary to look at a comprehensive noise ordinance where enforcement can be phased in gradually. With resped to the intersection 'hot spots', Mike Holzmiller stated that the EIR locks at a worst case situation. The City's ordinance says we can't have a failure at an intersedion, and that will still be the situation. Assistant City Engineer David Hauser. in response to query, stated that through the master pianning process for Carrillo Ranch, design standards for Melrose were reduced to those of a major arterial rather than a prime. However, it was still designated as a prime arterial and the width and improvements met the requirements of the prime designatton. Mike Holzmiller stated that an annual report will be brought to the City Councii whtoh will provide an opportunity for the public to say what needs to t>e looked at with regard to the implementatton of the Generai Plan. When land is changed to the Umited Control Zone, it is removed from the Mello-Roos arid the tax burden stops at that time. Terri Woods, Planning Department, stated that the General Plan provides flexibility with regard to the 60 CNEL noise level, in that there are three findings required whtoh wouki altow a projed to exceed that level. August 9, 1994 Page 6 PUBUC HEARINGS: (Continued) Mike Holzmiller stated staffs concurrence with a suggestion in the letter from Projed Future to include language that says 'If a Regionai HCP/NCCP is approved, the Generai Plan shall be amended to be consistent*. ACTION: On motion by Mayor Pro Tem Stanton, Council direded the City Attomey to prepare documents certifying the Master Environmental Impad Report (MEIR 93-0. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila Mayor Lewis stated that the remaining issues in the Generai Plan Amendment will tie continued one week. 8. AB #12.822 - SEAPOINTE RESORT - GPA 93-4/LCPA 93-4/ZC 93-5. This item was continued one week. DEPARTMENTAL AND CtTY MANAGER REPORTS: 9. AB #12.823 - PROHIBITION OF HANDBILL PLACEMENT ON AUTOMOBILES IN PARKING LOTS. ACTION: On motion t>y Mayor Pro Tem Stanton, Coundl introduced ORDINANCE NO, NS- 29a amending Title 8, Chapter 8.28 of the Carisbad Municipal Code to prohibit the placement of handt>ills upon vehtoles. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila CQUNCIL REPORTS: Council Reports were continued. ADJOURNMENT: By proper motion, the Regular Meeting d August 9,1994, was adjourned at 9:35 p.m. Respectfully sutsmitted. kLETHA L RAUTENKRANZ J ALETHA City Clerk Harriett Babbitt Minutes Ctoric CIT0OF CARLSBAD — AGENl|| BILL CQPY FOR YOUR INFORMATION AB#. MTG.. DEPT. .^PLN TITLE: CERTIFICATION OF A MASTER ENVIRONMENTAL IMPACT REPORT AND A GENERAL PLAN AMENDMENT TO COMPREHENSIVELY UPDATE THE GENERAL PLAN DEPT. HD. CITY ATTY CITY MGR. O o < o z o o RECOMMENDED ACTION: It is fTecommencied that the City Council direct the City Attomey to prepare documents CERTIFYING the Master Environnfiental Impact Report (MEIR 93-01). and APPROVING a General Plan Amendment (GPA 94-01) to comprehensively update the General Plan. ITEM EXPLANATION City Council review ofthe General Plan and its associated Master EIR is the last phase of the General Plan Update which has been ongoing for several years. Eariier in the Update, a Planning Commission Subcommittee worked with staff to refonmat and reorganize the General Plan. During the update, several elements were independentiy revised including Housing Parks & Recreation, and Open Space & Conservation. These elements were approved and presented to the public for review as part of the Update process. Six technical studies were also prepared to ensure that the General Plan included the latest technical data. These studies addressed noise, housing fiscal analysis, geotechnical issues, open space management and habitat management During the Update, the City conducted an extensive, two-phased, public participation program to provide numerous opportunities forthe community to take part in the process. The first phase provided infonmation to the public on the General Plan including existing Crty programs and policies. The second phase solicited input from citizens. The public participation program provided a variety of activities including a video, a phone survey, interviews, newsletters, citywide flyers, townhall meetings, workshops, forums, and youth activities. Altogether, more than 1200 citizens participated in the public input program. On April 20. 1994. The Planning Commission voted 6-0 (one absent member) to recommend certification of a Master Environmental Impact Report and approval of a General Plan Amendment to comprehensively update the General Plan. The Planning Commission reviewed the General Plan on an element-by-element basis with an informal poll taken at the end of each element review. This procedure allowed the Commission to individually review and discuss the major issues related to each element There are specific policies that members of the Commission had differing opinions on and wished to relay to the Council. To address this matter, staff has prepared an attached memo to assist the Council in understanding the major discussion Items which arose during the General Plan review. This includes issues raised by the Planning Commission discussions as well as any major issues raised by the public. Staff's presentation at the Council meeting will overview the major changes. Also attached is a staff report which describes in detail the changes to the General Plan. PAGE 2 OF AGENDA BILL NO. Adoption of the General Plan will, over time, require the subsequent adoption of a number of implementing policies and programs. This process is described on page 27 of the Staff Report and further outlined in Attachment 4 of the Staff Report Briefly, on an annual basis the City Council will establish a priority list of programs to be implemented each year and will provide direction to staff. The status of this implementation would then be reported annually to the Department of Housing and Community Development (HCD) and the OfTice of Planning and Research (OPR) as now required by state law. In addition, staff will be required to process a numberof individual zone changes and zone code amendments to implement the updated General Plan. FISCAL IMPACT There are no new costs associated with the adoption of the Updated General Plan. For Council information, the City has spent approximately $327,000 on the General Plan Update. This amount includes consultant fees on three studies addressing noise, housing, and geotechnical issues, the public review program, and the EIR. Added to this sum of $327,000, is a significant amount of staff time which has been estimated in excess of $ 150,000. This amount will increase slightly over the next year to include the cost of preparing zone changes and zone code amendments necessary to implement the General Plan. EXHIBITS 1. Memorandum to the City Manager, dated May 24. 1994 2. Planning Commission Resolution Nos. 3630 & 3631 3. Staff reports, dated March 16, 1994. April 6. 1994 and April 20. 1994. w/attachments 4. Planning Commission Minutes dated March 16, 1994. April 6. 1994 and April 20. 1994 5. Master Environmental Impact Report {Previously distributed, and on file in the City Clerk's Office) 6. General Plan {Previously distributed, and on file in the City Clerk's Office) 1. MAY 24, 1994 TO: CITY MANAGER FROM: Planning Director COMPREHENSIVE UPDATE OF THE CARLSBAD GENERAL PLAN On April 20,1994, the Planning Commission voted unanimously (Betz absent) to recommend certification of a Master Environmental Impact Report and approval of a General Plan Amendment to comprehensively update the General Plan, Review of these documents spaimed three Planning Commission meetings on March 16, April 6, and April 20, and included lengthy discussion by Commission members. The Commission reviewed the General Plan on an element-by-element basis with an informal poll taken at the end of each element, A formal vote on both the EIR and General Plan then followed. This procedure allowed separate discussion on the major issues of each element. This memo is intended to convey to the Council a summary of the discussions which occurred at the Plarming Commission meeting as well as input from the public attending the hearings. During review of the Master EIR and General Plan, there were numerous comments offered by the public and considerable discussion held among Plaiming Commissioners, Staff would like to ensure that the Council has a clear understanding of these discussions. This memo presents the major topics of deliberation on an element-by-element basis. There is some overlap in discussion between the EIR and the General Plan because both documents address the same issues. For brevity, these discussions have been grouped by topic and include a staff response. The packet presented to the Council is extensive, complex and includes the General Plan, the Master Environmental Impact Report, Plaiming Commission Resolutions, and a detailed staff report with numerous attachments, A brief description of each of the staff report attachments has been provided below to assist the Council in identifying the contents of each document. # . .^^Attaclliniiait''-^ General Plan The General Plan tieing submitted for City Council review reflects all the changes recommended for approval by the Planning Conunission. During the Planning Commission review, a number of minor additions, deletions, or corrections surfaced, in addition to the revisions requested by the Commission. All of these changes have 1 been incorporated into the General Plan submitted for review by the 1 City Council. The changes which occurred during the Planning 1 Commission review are docnimented in Erratas l-S as well as in the | minutes. 1 •b CITY MANAGER MAY 24, 1994 PAGE 2 # Attachment Contents^' ; 1 Planning Commission Resolution No. 3630 Re(X)mmends certification of Final MEIR with a detailed Mitigation Monitoring Program attached. Errata #5 dcxniments the addition of an Addendum, a m(xlific:ation to the Statement of Overriding Considerations and an additional finding addressing the deletion of a mitigation measure requiring the minimum density within a range to be achievecL 2 Planning Commission Resolution No. 3631 Recommends approval of a General Plan Amendment updating all elements of the General Plan. 3 Final Master Environmental Impact Report Addresses the impacts of implementing the General Plan. More | details can be found on Page 27 of the Staff Report All changes recommended by the Planning Commission have been incorporated as an Addendum Icxated at the front of the EIR. Changes are documented in Errata l-S as well as in the minutes. 4 New General Plan Goals, Objectives, and Implementing Policies and Action Programs Lists the NEW goals, objectives, and implementing poUcies and action programs. This list functions as a paper trail so staff can identify the exact date when these goals, etc were approved All changes recommended \iy the Planning Commission have been incorporated 5 Errata The first of five erratas making minor revisions to both the General Plan and the MEIR, 6 Revised Land Use Element (Redline/ strikeout) Substantial changes were made to the Land Use Element from the time the Reformatted General Plan was made available for public review to the time the General Plan went to the Planning C^ommission. These modifications were provided in a redline/strikeout version to enable the Planning Commission to easily identify the revisions. All changes have now been incorporated into the final General Plan submitted to the City CounciL 7 Master EIR Flow Chart Addresses the manner in whic:h the MEIR interfac^es with future development projects. 8 General Plan Programs, Status and Implementation This document is the first step in developing an annual program to monitor the sutus of the General Plan and the City's progress towards implementation. Please refer to Page 27 of the Staff Report for additional information. Only a sample of this document was included for the Planning Conunission. The entire document has been included for the City CounciL 9 Public Participation Calendar Provides a Ust of dates and activities which cxxnirred during pubUc partidpation in the General Pian Update, 10 Proposed. General Plan Designation Changes Identifies numerous minor changes to the Land Use map which have been proposed to correct mapping errors, changes in designation names, inappropriate designations, and more consistent assignment of some commercial designations. 11 Location Maps Locates, graphicaUy, the changes proposed in Attachment #10, | A CITY MANAGER MAY 24, 1994 PAGES A. LAND USE (Infonnal Poli -S-Z [Hall, Betz]) Most of the discussion at the Planning Commission hearings, both by the public and by the Commissioners, focused on the Land Use Element and particularly on two new programs proposed by staff. These two programs addressed 1) minimum density within a range; and, 2) periodic review of commercial sites. Both topics are discussed in more detail on pages 1-13 of the staff report and summarized below, 1, Minimum Density Staff proposed new text and programs to encourage proposed multi-family development to provide product types and sizes to ensure that the ininimum density within a range is provided. This was done to achieve consistency with the General Plan, to protect multi-family housing locations, and to provide a variety of product types. Several citizens spoke in opposition to this policy stating that it may be difficult to achieve in some cases due to neighborhood opposition or environmental constraints. Subsequently, staff modified the proposed program to provide greater fiexibility by addressing these concems. However, the Planning Commission still could not support this proposal. The consensus was that the policy encouraged developers to increase densities-something citizens do not want. All Conmiissioners indicated that they could support a simple statement which indicates that when a project is built below the lowest density within a range that the project is still consistent with the General Plan. That statement has been entered on page 14 of the Land Use Element. 2, Periodic Review of Commercial Sites Staff proposed a new program to fine-tune existing policies with regard to commercially zoned property. The program proposed that when commercial land is not developed in a reasonable time period (two years) that it be reviewed by the City to detennine whether or not the designation is stiU appropriate. If not, then the property would be redesignated by the City to Unplanned Area (a new designation which replaces Non-Residential Reserve [NRR]). As discussed on page 13 of the staff report, the intent of the program is to attract revenue-generating businesses and to treat property owners equitably. There was strong opposition to this proposal by both the public and some members of the Commission. Several commercial land owners indicated that the proposal would be burdensome because it may take much longer than two years to put a conmiercial project together. They felt it would resuh in an undersupply of commercially zoned land because commercial developers would not want to take the risk of proposing a project if there was a chance the City would rezone the property. 6 CITY MANAGER MAY 24, 1994 PAGE 4 The Planning Commission took a divided position on this issue. The majority of the Commission supported the proposal based on the opinion that the policy is similar to periodic master plan reviews, that it is reasonable, and that it allows for changes if necessary. Commissioners Betz and Hall had dissenting opinions. Commissioner Betz believed the periodic review was not reasonable to property owners and does not encourage commercial developmenL Commissioner Hall was very strongly opposed to this policy and wished to have his concems relayed to the City Council, Mr, Hall believes that once a site is zoned and taxed at a higher rate, that the zoning becomes a property right that should not be taken away by the City, ff a nearby site is rezoned commercial this action should not result in the down-zoning of an existing nearby commercial property. The property owner should not have to come to the City periodically to retain his property rights and keep his commercial zoning active. The City should not force someone to develop his property; that should be the individual's decision. He also believes that the City should have allegiance to present property ovmers who have had commercially-designated land for years instead of new developers who have not made the same type of long-term investment. The program was subsequently modified and established an initial two-year review and subsequent five-year review thereafter. Commercial sites within master/specific plan areas were declared exempt, however, still subject to the regular five year review required for undeveloped Master Plans. The only other issue in the Land Use Element with much discussion was brought up by the Encinitas School District and related to language in the General Plan regarding the zoning of surplus school sites. Text was included which addressed existing City Council policy of designating school sites as Open Space on the Zoning Map. Also included were references to the Public Education Code which indicates that if a school site is no longer needed by the district and if all eligible entities decline to sell or lease the property, then the City, upon request fi-om the school district, shall rezone the property consistent with applicable general and specific plans to be compatible with the uses of property surroimding the school site. The Encinitas School District objected to this policy and language because it believes that the potential exists for misperceptions and future problems. In the district's opinion, if a school site is zoned Open Space then residents perceive it as such and would object to a rezoning thus placing the Council between the school district and nearby residents. They also believe this designation discounts the value of school sites. After much discussion, it was detennined by staff that references to zoning were not appropriate in the General Plan and better left to the Zoning Ordinance and State Law. The school district found this acceptable and such references were deleted. The deleted language is indicated on the first page of Errata #3. CITY MANAGER. MAY 24, 1994 PAGES B. CIRCULATION (Informal Poll - 7 - 0) The major issues raised by the public with regard to the Circulation Element focused on the roadway status of Melrose Drive at two locations. These issues were responded to by staff and accepted by the Planning Commission with no further discussion. The first public comment was a request to downgrade Mehose Drive, south of Rancho Santa Fe Road, from a major to a secondary arterial. The General Plan allows for the construction of a secondary or modified secondaiy arterial roadway but does so by preserving adequate right-of-way for a major arterial if such a roadway is needed in the future. The Engineering Department believes that the proposed wording is appropriate and that preservation of additional right- of-way does not unduly restrict development potential in the area. The other comment with regard to Mekose requested that the segment between Palomar Airport Road and Alga Road be deleted or downgraded since construction of Highway 680 was canceled. The Engineering Department indicates that the 1990 SANDAG traffic model predicts that even without a southerly coimection of Melrose to Highway 680, Melrose Drive will have traffic volumes ranging from 34,0(X) to 54,200 vehicles per day on the stretch between Palomar Airport Road and Alga Road. These volumes warrant classification of Melrose Drive as a prime arterial. C. NOISE (Informal Poll - 7 - 0) There were four topics raised by the public with regard to the Noise Element, These addressed the 60 CNEL noise standard, noise impacts along College Avenue, aircrafi noise, and barking dogs. Opposition was expressed by representatives of the development community to the 60 CNEL noise standard because it restricts development and creates walled cities. Further, that high noise walls should be discouraged. Staff believes that 60 CNEL is a reasonable standard and one the City has been implementing since Administrative Policy #17 was adopted (60 CNEL requirement) in 1990. Since that time, there has been only one project where 60 CNEL was not achieveci and, in that case, findings were made to exceed the standard. Staff has prepared a draft Noise Guidelines Manual which recommends site design as the prefened method of addressing noise impacts and then a combination of berms and walls versus solely high noise walls. As a result of the discussion, staff clarified a proposed program so that it now discourages noise walls over sbc feet in height, Concem was expressed by several citizens regarding noise impacts on residences along College Avenue in Calavera Hills which, in their opinion, calls for the realignment of College Avenue, It is not the City's policy to retrofit noise mitigation for preexisting situations. However, cost estimates and mitigation measures will be provided to homeowners' associations. Each association may then decide which measures it wishes to pursue. A. CITY MANAGER MAY 24, 1994 PAGE 6 Aircraft noise in the northem part of the City due to aircraft approach pattems at McQellan-Palomar Airport was also raised as an issue by several citizens. Staff explained that the County is preparing a master plan for the airport and is in the process of installing noise monitoring equipment in the City which will be able to detect which aircraft are violating airport take-off and landing procedures. This will enable the County to identify offenders and advise them of the violation. Lastly, several citizens were concemed that the Noise Element does not address the issue of barking dogs and that the City does not have adequate means to deal with this problem. This issue has been reviewed extensively by City staff. The City adopted the County's Animal Control Ordinance by reference and contracts with the County to implement their enforcement procedures. The City Council has determined that these methods are adequate and function well. These issues were addressed as noted above and accepted by the Commission without further discussion. D. HOUSING (Informal PoU - 5-1 [HaU], Betz absent) Discussion on the Housing Element focused on Goal 4,1 which directs the City to prepare a study which 1) analyzes the impact of commercial and industrial development on housing demand and, 2) considers the feasibility of a non-residential impact fee for such development. This goal was included in the work program set up as a result of adoption of the Housing Element by the Planning Commission and City Council. Potentially, a fee would be charged to commercial and industrial development, based upon square footage, that would go into the Housing Trust Fund and be used to provide affordable housing. Staff has completed the study and drafted a report which is now pending consideration by the City Council. There was extensive discussion with regard to this particular goal although it was previously approved by the Commission. There was concem that the wording could create the impression that mitigation measures to reduce impacts will definitely include an in-lieu fee. The Commission concluded that they could approve the Housing Element if the wording were changed to mitigation "measures may include". The dissenting vote was cast by Commissioner Hall who wished to relay his concems to the Council. He beiieves that development fees are already high and that an additional fee is an unnecessary economic burden on future commercial and industrial developmenL Such a policy would discourage new businesses from coining to Carlsbad as well as hinder increased employment at existing businesses. He also expressed concem that the study may be reviewed by the City Coimcil without much advance public notice. He believes that the CITY MANAGER MAY 24, 1994 PAGE 7 business community will have strong objections to such a policy and that the public should have adequate time to review the study, Mr, Hall did not agree with the inclusion of Goal 4.1 as a mitigation measure for Air Quality in the Master EIR, The measure was subsequently deleted as a mitigation measure and so noted in the Addendum at the front of the EIR, E. OPEN SPACE AND CONSERVATION (Informal PoU - 6 - 0, Betz absent) There was relatively little discussion by the Commission on Open Space and Conservation; however, there were several requests made by a representative of Project Future, Commissioner Hall expressed concem (with agreement from other Commissioners) that the General Plan did not clearly state that the trail system is "proposed". This issue was resolved by clarifying a proposed program in the Element, Two major concems were expressed by Project Future as follows: 1) that the General Plan does not identify the locations of sensitive resources, and 2) that funding for habitat protection was not adequately addressed. Staff has completed an inventoiy of habitat in the City through the Habitat Management Plan and Open Space & Conservation Resource Management Plan efforts. This inventory includes constrained lands mapped to a level of 400 scale which is much more highly defined than that of most cities. Precise boundaries will be determined during project level review. The Open Space & Conservation Resource Management Plan (OSCRMP) includes several means to finance open space, including a possible general obligation bond and an assessment district to pay for maintenance and liability of a trail system. Staff is also looking at numerous financing mechanisms for a habitat management plan, including a mitigation fee and general obligation bond. Project Future also requested that the City consider a much larger percentage of land to be set aside as open space and claims that the City only sets aside 15 percent. In actuality, the city requires 15 percent of the developable land in addition to all constrained lands that must be preserved. Together, this far exceeds 15 percent. Staff is cunently working on a multi- species habitat plan which, if approved, would result in far more open space. Staff did not recommend changing the 15 percent growth management requirement for open space. The Commission accepted staff's responses and proceeded without further issue. After the Planning Commission hearings, staff received a letter from San Diego Gas and Electric (see attached) which reiterated a prior concem voiced at the hearings. SDG&E expressed concem related to a proposed program which eliminates powerline easements from consideration as meeting the 15 percent Growth Management open space performance standard, except where such land fulfills an open space priority. SDG&E indicates that this program makes it more difficult for them to obtain utility land rights if the landowner does not receive some value, over and above monetary compensation. CITY MANAGER MAY 24, 1994 PAGES Further, the ability to receive open space credit is often a tangible value weighed by property owners when considering granting SDG&E a land right. City policy has established that a developer can get credit for the 15 percent open space when his proposal for the easement includes primary and/or secondaiy priorities of the OSCRMP, such as trails or greenways. If his proposal does not include such items, he does not receive credit. Staff also believes that the issue of the monetary land value requested for a utility easement is a matter of negotiation between the property owner and SDG&E, not the City. F. PARKS AND RECREATION (Informal PoU -- 6 - 0, Betz absent) There was only minor discussion with regard to the Parks and Recreation Element. San Diego Gas and Electric raised the issue of ownership of the Aqua Hedionda Lagoon. Staff subsequently modified charts in this Element to reflect the fact that SDG&E is the owner of the lagoon as indicated on the Assessor's maps. However, as noted on page 5,6-15 of the EIR, the State of California State Lands Commission is a Responsible and/or Trustee Agency over not only Aqua Hedionda Lagoon, put also Buena Vista Lagoon, Batiquitos Lagoon, and portions of the Pacific Ocean. This right limits the uses of these lands to habitat preservation, waterbome commerce, navigation, fisheries, open space, recreation, or other recognized Public Trust purposes. G. PUBUC SAFETY (Informal PoU -6-0, Betz absent) There was no discussion regarding the Public Safety Element and only minor public comments from SDG&E updating technical information in the Element. These updates have been completed and are integrated into the General Plan received by Council, H. ARTS (Informal PoU - 6 - 0, Betz absent) There was no discussion regarding the Arts Element. Staffs presentation at the Council meeting wiU overview the major changes to the General Plan, as well as the discussions of the Commission and the public. Please refer to the Staff Report for a detailed discussion of the major changes to the General Plan. MICHAEL J. HOLZMILLER Planning Director AML/arb Attachment: 1) Letter from SDG&E dated May 11, 1994 San Diego Gas & Electric PO. BOX 1831 > SAN OIEGO. CA 92112'<1S0 « 619'69«'2000 May 11,1994 FILE NO. Ms. Adrienne Landers City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-4859 RE: GENERAL PLAN UPDATE, GPA 94-01 On April 6, 1994, SOG&E attended a Planning Commission hearing on the General Plan Update and offered comments regarding several elements contained in the text for that update. Though our comments were recorded as a part of the minutes of that hearing, we would like to offer those same comments, as weil as some additional observations, in writing, for consideration by the City Council during their hearings on the updated General Plan text. Land Use Element Residential Land Use The second paragraph on page 15 indicates that limited development of accessory or non-residential uses may be permitted within lands subject to major power transmission easements. Any secondary use of transmission easements or rights-of- way would be subject to SDG&E's review and approval, SDG&E currently evaluates all proposals for secondary use of our existing rights-of-way to ensure land use compatibility. Our Land Management section would be happy to assist the City in reviewing proposed accessory uses. Public Utilities Language in the Public Utilities (U) category on page 18 stated that the primary functions within that category Include the generation of electrical energy, treatment of wastewater, public agency maintenance, storage and operating facilities or other primary utility functions designed to serve all or a substantial portion of the community. Siting of these primary functions would be accomplished only by a change of zone and an approved Precise Development Plan. SDG&E expressed a concern to the Planning Commission that the section, as written, might be rtilsinterpreted as requiring a PDP for facilities such as electrical substations. Electrical substations are currently processed underthe Conditional Use Permit (CUP) process. Staff responded to SDG&E's concern by clarifying that the PDP process would only be required for major utility improvements, such as powerplants, proposed on lands currently zoned PU (Public Utility). We concur with staff's clarification and would encourage a revision to the Public Utility section text which correctly reflects the staff's and City's intent. Parks and Recreation Element Special Resource. Ooen Space and Cultural-Historical Areas Objective 8.3, on page 11, discusses establishing access to and along the south shore of the Agua Hedionda Lagoon. SDG&E commented to staff and the Planning Commission that access along portions of the shoreline of the lagoon could be limited by topography, SDG&E expressed an interest in reviewing any future conceptual or final plans for development of public access along the shoreline of the lagoon. Objective 8,4, on page 11, expresses the City's desire to establish a connecting link (trail) between Veterans Memorial Park and Hubb Park, SDG&E restated its interest, to staff and the Planning Commission, for involvement in the conceptual and final planning of those proposed connecting links. Objective 8.5, also on page 11, discusses the provision of limited access to the wetlands of the Agua Hedionda Lagoon for the purpose of offering certain visitor attractions. SDG&E informed staff and the Planning Commission that we have an existing electricai transmission corridor east ofthe lagoon. SDG&E also advised staff and the Commission that we currently review requests for secondary uses within our rights-of-way or easements. We encouraged staff and the City to consult with SDG&E regarding the wetlands access issue where such access involves secondary use of our easements or rights-of-way. Staff responded to SDG&E's concerns by mentioning the City's existing lease agreement with SDG&E for Hubb Park. Staff also noted that the City had prepared preliminary plans for Hubb Park improvements which included proposed public access routes. Staff reassured SDG&E that public access to the wetlands near the Agua Hedionda Lagoon would be regulated by resource agencies such as the Department of Fish & Game. The existing lease, preiiminary park plans and proposed resource agency involvement not withstanding, we would ask that the City confer with SDG&E regarding secondary uses within our existing rights-of-way, easements or operating property. This would permit the City and SDG&E to consider secondary use proposals which would not compromise the installation and maintenance of, or vehicular access to existing or proposed SDG&E gas and electrical utility facilities. Open Space & Conservation Element Policy item C.11, on page 24, suggests the elimination of "poweriine" easements from consideration as meeting the 15-percent Growth Management open space performance standard, except where such land fulfills an open space priority. SDG&E informed the Planning Commission and staff that our negotiations for land rights, such as utility easements or rights-of-way, can be a difficult task, A land owner's consideration for granting SDG&E utility land rights is often incumbent upon that land owner's ability to receive some value, over and above monetary compensation, in return. The ability to receive open space credit for land within a utility easement or right-of-way is often a tangible value weighed by land owners in consideration of granting SDG&E a land right. It is also SDG&E's opinion that our facilities have typically been an allowable use within land designated as open space in general pians and zoning ordinances. Our presence in these open space lands has not diminished the value or secondary use (ie: trails, bicycle paths) of these lands, SDG&E would appreciate the Council's consideration of eliminating policy C.11 from the Open Space & Conservation Element. SDG&E noted that the Conceptual Open Space and Conservation Map, page 37, depicted several existing SDG&E electrical transmission corridors accommodating potential open space trail linkages. Where those particular components of the proposed trail system are implemented, either through public action ores a condition of private development, SDG&E expressed an interest in reviewing the trail plans with the City or private developers. The Planning Commission responded by noting that it was their understanding that the City was typically required to consult with SDG&E on issues of joint use. SDG&E responded by stating that we were currently updating our policies on secondary uses within the company's rights-of-way and easements. SDG&E's purpose for restating an interest in reviewing secondary uses was to alert the and staff City that, based on potential updates or changes to our policies on secondary uses, SDG&E may not be able to assist the City in implementing all policies and programs of the General Plan relating to trail development. Public Safety Elenient H. Oil Spills Table 1: Oil Deliveries should be updated to reflect recent delivery activity. Current activity based on SDG&E records is: 1991 - 1992 No tanker deliveries. Seven barge deliveries, 5 barges at 50,000 barrels each and 2 barges at 100,000 barrels each. 1992 - 1993 No tanker deliveries. Fourteen barge deliveries, 7 barges at 50,000 barrels each and 7 barges at ^00,000 barrels each, 1993 - 1994 One ta jr delivery at 270,000 barrels and one barge delivery at 100,000 barrels. The first paragraph, following Table 1, on page 7, should be revised to indicate a 20 inch, not a twenty foot diameter pipeline. The last sentence of that same paragraph should be revised to indicate that deliveries are completed within 12-36 hours not 10 to 24 hours. The last paragraph on page 7 should be revised to read; "SDG&E submitted a Contingency Plan to the Department of Fish and Game on April 1, 1994," The second sentence of the second paragraph on page 8 should be revised to indicate that our oil spill vessel carries a 3,000 foot, not 2,000 foot, oil containment boom. The fifth sentence of that same paragraph should be revised to indicate that nine not twelve personnel are assigned to our vessels. Policy C.2 on page 14 should be revised to read; "Support SDG&E compliance with the provisions of the Contingency Ptan which was submitted to the California Department of Fish and Game", We appreciate the opportunity to offer our comments to the City Council. Should members of the Council or staff have any questions regarding our comments, please call me at (619) 696-2732. Sincerely, Mark Chomv U Land Planne