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HomeMy WebLinkAbout; Agua Hedionda South Shore 85/15 Specific Plan|Caruso; INITIATIVE MEASURE TO BE SUBMITTED TO VOTERS; 2015-05-12RECEIVED MAY 1 2 2015 CITY OF CARLSBAD CITY CLERK'S OFFICE INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE V The people of the City of Carl bad do hereby ordain as fol lows: ection 1. Title. The title of this Initiative is the 'Agua Hedionda South Shore Specific Plan for 85% Open pace and 15% Retail (AH-SP) Initiative " sometimes referred to herein as the "Agua Hedionda 85/ 15 pecific Plan Initiative" or the "AH-SP Initiative. ection 2. Purpose and Findings. The People of the City of arlsbad find and declare the following: The purpose of the AH-SP Initiative i to adopt the Agua Hedionda South Shore Specific Plan for 85% Open pace and l 5% Retail(' Agua Hedionda 85/15 Specific Plan, 'AH-SP Specific Plan" or 'Specific Plan ') and make conforming amendments to the General Plan ( 1994), Zoning ode, and to the Agua Hedionda Land Use Plan (1982). Th Agua Hedionda 85/15 Specific Plan is proposed to the voter for adoption for the following reason : 1. The Agua Hedionda 85/ 15 Specific Plan area is comprised of approximately 203.4 acre between the south hare of the Agua H dionda agoon and Cannon Road in the ity of Carl bad. 2. The Specific Plan will permanently protect approximately 176.7 acres more than 85% of the Specific Plan area for open pace and the continuation of strawberry farming and coastal agriculture. 3. The Specific Plan s protection conservation, and enhancement of the open pace and agricultural land will be achieved through the Specific Plan itself and in cooperation with the City of Carlsbad, one or more qualified environmentally focu ed non-profit entities, land conservancy organization , land manager , public agencies, or qualified farming and agricultural interest . 4. The intent is to permanently protect, conserve restore, and/or enhance existing habitat, sensitive species and riparian/wetland resources; and provide for the continuation of coastal agriculture and strawberry farming, consistent with the City's. open space and agriculture heritage. 5. Portions of the designated open space and agricultural land wi 11 become an integral part of the Specific Plan area and low-impact public acce s will allow for pa sive recreation amenities, including miles of new nature trail and wa lkway picnic and rest areas, lagoon vistas, an outdoor classroom roadway, restroom facilities, parking, farm-to-table dining, farm stand, and an integrated resourc and educational signage program for use by the entire Carlsbad community. 6. The r maining approximately 26.7 acre , or les than 15% of the Specific Plan area, will include a new pedestrian-oriented outdoor visitor-serving •commercial shopping. dining and entertainment promenade ("Outdoor Shopping, Dining, and Entertainment Promenade '). 7. The Outdoor hopping, Dining and Entertainment Promenade facilitate a high-quality, functionally integrated di trict that is distinctive create a sen e of community, and contributes to Carlsbad's traditional "vi llage" identity and beach community character, while prioritizing protection and conservation of open space lands. the continuation of strawberry farming and coa tal agriculture, and the protection of the natural environment through th e Specific Plan. 8. The pecific Plan include up to 585,000 quare feet of new visitor-erving commercial, shopping, dining, entertainment, and recreational uses. 9. The pecitic Plan ' ision is to provide permanent open space protection and con ervation, combined with the highest standards for environmental protection to uppo1t Carl bad's open pace and agricultural heritage, along with a modern, su tainable Outdoor Shopping, Dining and Entertainment Promenade with an innovative building design that provide distinctive vi itor- erving commercial shopping dining, entertainment, recreation, and environmental benefits for the entire Carl sbad community. I 0. The Specific Plan establi shes revenue ource from the pecific Plan's visitor-erving commercial u e and/or from private fonding, to dedicate improve restore operate and maintain in perpetuity the dedicated open space areas at no tax burden to Carlsbad resident . 11. The pecific Plan open space requirements, funding mechanisms, and other public infra tructure (as referenced in the pecific Plan) must be satisfied prior to the is uance of any cettificate of occupancy for the visitor-serving commercial component of the Specific Plan. 12. Implementation of this Initiative will protect the public health, afety and welfare, and the quality of life for the People of the City of Carl bad, a et forth above. ectioo 3. City of Carlsbad General Plan Amendments. A. Land Use Element Amendments. The voters hereby amend the Land Use Element and Land Use Map of the General Plan of the ity of Carl bad a follows (new language to be inserted into the eneral Plan is hown a underlined text, INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS language to be deleted is shown in strikethrough te~tt; text in regular or bold type reflects the existing General Plan text and is provided for informational/reference purposes): Map 2 -General Plan Land Use Map, a copy of which is attached for informational purposes only at page A-1 of Exhibit A hereto, is amended to redesignate approximately 203.4 acres between the south shore of the Agua Hedionda Lagoon and Cannon Road in the City of Carlsbad from Travel/Recreation Commercial (TR) and Open Space (OS) to Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP), as set forth on page A-2 of Exhibit A (page A-3 of Exhibit A is for informational purposes only). Section II ("Description of the Land Use Plan"), subsection C ("Land Use Classifications"), is amended as follows: The following new land use classification is added: AGUA HEDIONDA SOUTH SHORE SPECIFIC PLAN FOR 85% OPEN SPACE AND 15% RETAIL (AH-SP). Table 1: Quantitative Breakdown of Existing Land Use Map, is amended as set forth in Exhibit B hereto, to note that adoption of the Agua Hedionda 85/15 Specific Plan removed approximately 21.6 acres from the commercial uses permitted in the "Travel/Recreation Commercial" designation, and redesignated them for open space and agricultural support uses, and that the land uses in the AH-SP designation are reflected in Chapter 3 of the AH-SP Specific Plan. Subsection 3 ("Commercial"), last paragraph is amended as follows: In prior versions of this General Plan, the City recognized two types of local shopping centers: neighborhood and community. In 2001, however, these two categories were merged into a single category called "local shopping center." The typical characteristics of local, general and regional commercial land uses are shown in the following Table 3: Guidelines for Commercial Land Uses. The three types are described in more detail in the following sections. The commercial land uses governing the AH-SP designations are described in Chapter 3 of the Agua Hedionda 85/15 Specific Plan, are applicable only in the Specific Plan area, and are not included in the Guidelines shown in Table 3. Table 3: Guidelines for Commercial Land Uses, is amended as set forth in Exhibit C hereto, to note that the commercial land uses governing the AH-SP designation are described in Chapter 3 of the Agua Hedionda 85/15 Specific Plan, are applicable only in the Specific Plan area, and are not included in the Guidelines shown in Table 3. New subsection 12 is added as follows: 12. AGUA HEDIONDA SOUTH SHORE SPECIFIC PLAN FOR 85% OPEN SPACE AND 15% RETAIL (AH-SP) This classification of land use designates an area consisting of approximately 203 .4 acres between the south shore of the Agua Hedionda Lagoon and Cannon Road ("Specific Plan Area"). The AH-SP designation permanently protects and conserves approximately 176.7 acres of the 203.4-acre Specific Plan Area, approximately 85% of the Specific Plan Area, for open space and the continuation of strawberry farming and coastal agriculture. The remaining approximately 26.7 acres, approximately 15% of the Specific Plan Area, will allow visitor-serving commercial uses. A complete discussion of this land use classification is contained in the AH-SP Specific Plan. In Section III ("Goals, Objectives and Implementing Policies & Action Programs"), the following new section is added: AGUA HEDIONDA SOUTH SHORE SPECIFIC PLAN FOR 85% OPEN SPACE AND 15% RETAIL (AH-SP) The overall purpose of the AH-SP designation is to permit implementation of the AH-SP Specific Plan to facilitate the protection and conservation of open space and agriculture, and the development of visitor-serving commercial, shopping, dining, entertainment, and recreation uses consistent with the policies adopted in the: (a) Carlsbad General Plan; (b) Carlsbad Growth Management program, established in 1986 and as amended; (c) Carlsbad Local Facilities Management Plan Zone 13, adopted in 1992 and as amended in 1995; (d) California Coastal Act of 1976 and as amended; and (e) Agua Hedionda Land Use Plan, adopted in 1982 and as amended. The AH-SP Specific Plan property is uniquely situated to serve Carlsbad's agriculture, 2 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS open space, and recreation needs, along with the visitor-serving commercial, shopping, dining, recreation, and entertainment needs of the entire Carlsbad community. The Goals and Objectives of the AH-SP designation are set forth in the AH-SP Specific Plan and are realized through implementing the Specific Plan. Section III ("Goals, Objectives and Implementing Policies & Action Programs"), "Overall Land Use Pattern," is amended as follows: Under subsection A ("Goals"), new goal A.4 is added as follows: A.4 A City which protects, conserves and enhances the environment, character, and land use goals applicable in the AH-SP designation, and supports and enhances the economic viability of the community as set forth in the AH-SP Specific Plan. Under subsection B ("Objectives,"), new objective B.4 is added as follows: B.4 To protect, conserve and enhance the environment, character, and land use objectives applicable in the AH-SP designation, and support and enhance the economic viability of the community as set forth in the AH-SP Specific Plan. Under subsection C ("Implementing Policies and Action Programs"), new Implementing Policy and Action Program C.21 is added as follows: C.21 Implement the policies and action programs set forth in the AH-SP Specific Plan to conserve and enhance the environment, character, and land use objectives applicable in the AH-SP designation, and support and enhance the economic viability of the community. Section III ("Goals, Objectives and Implementing Policies & Action Programs"), "Growth Management And Public Facilities," subsection C ("Implementing Policies and Action Programs"), C. l is amended as follows: C. l Permit the approval of discretionary actions and the development of land only after adequate provision has been made for public facilities and services. In the AH-SP designation, this Policy and Action Program is governed by the AH-SP Specific Plan, which satisfies the intent of the General Plan and this policy through provisions for compliance with the Zone 13 Local Facilities Management Plan. Section III ("Goals, Objectives and Implementing Policies & Action Programs"), "Environmental," subsection C ("Implementing Policies and Action Programs"), C.6 is amended as follows: C.6. Ensure the preservation and maintenance of the unique environmental resources of the Agua Hedionda Lagoon while providing for a balance of public and private land uses through implementation of the Agua Hedionda Land Use Plan and the AH-SP Specific Plan. B. Open Space and Conservation Element Amendments. The voters hereby amend the Open Space and Conservation Element of the General Plan of the City of Carlsbad as follows (new language to be inserted into the General Plan is shown as underlined text, language to be deleted is shown in strikethrough te'K.t; text in regular or bold type reflects the existing General Plan text and is provided for informational/reference purposes): Section II ("Framework for Open Space & Conservation Planning"), is amended as follows: Under subsection A ("Open Space Definition and Classification System"), the following new category is added: CATEGORY 6: The Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) designation. Chapter 3 of the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) ("AH-SP Specific Plan") contains a description of the open space land uses with in this designation. Under Subsection B ("Protection of Open Spa<;:e Lands"), Table 1: Regulatory Open Space Protection, is amended as set forth in Exhibit D hereto, to note the Agua Hedionda South Shore 3 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS Specific Plan for 85% Open Space and 15% Retail (AH-SP) is subject to environmental regulation as reflected in the Specific Plan. Under Subsection F ("Citywide Open Space Plan"), Tables 2 and 3 are amended as follows: Table 2: Existing and Constrained Open Space Acreages, is amended as set forth in Exhibit E hereto, to note the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) designation is within Zone 13. The open space in the AH- SP designation is described in the AH-SP Specific Plan. Table 3: Future Open Space Action Priorities, is amended as set forth in Exhibit F hereto, to note that, with regard to land use designation AH-SP, the Zone 13 priorities are implemented through the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail that specifies open space preservation, management, recreation, education, and health and safety as well as funding for implementation. The following new category is added: CATEGORY 6: The Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) Chapter 3 of the AH-SP Specific Plan contains a description of the open space land uses within this designation. In Section III ("Goals, Objectives & Implementing Policies & Action Programs"), the following new subsection is added: AGUA HEDIONDA SOUTH SHORE SPECIFIC PLAN FOR 85% OPEN SPACE AND 15% RETAIL (AH-SP) The AH-SP Specific Plan contains the Goals, Objectives, and Implementing Policies and Action Programs applicable to the open space land use designations in the Specific Plan area. Section III ("Goals, Objectives & Implementing Policies & Action Programs"), "Promoting Agriculture," subsection 3 ("Implementing Policies and Action Programs"), C.16 is amended as follows: C.16 Prior to the approval of discretionary permits within an existing or former agricultural area in Carlsbad, a detailed soils testing and analysis report shall be prepared by a registered soils engineer and submitted to City and County Health Departments for review and approval. This report shall evaluate the potential for soil contamination due to historic use, handling, or storage of agricultural chemicals restricted by the San Diego County Department of Health Services. The report shall also identify a range of possible mitigation measures to remediate any significant public health impacts if hazardous chemicals are detected at concentrations in the soil which would have a significantly adverse effect on human health. This Policy and Action Program does not apply in the AH-SP designation, which is governed by the AH-SP Specific Plan. Section IV ("Maps") is amended as follows: The Official Open Space & Conservation Map, a copy of which is attached for informational purposes only at page G-1 of Exhibit G hereto, is amended to reflect the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) designation, and to note the open space land uses established in the AH-SP designation are reflected in Specific Plan Figure 3.0-1 (see Exhibit Q hereto). The Official Open Space & Conservation Map, as amended by this Initiative, is attached hereto at page G-2 of Exhibit G. The Conceptual Open Space & Conservation Map, a copy of which is attached for informational purposes only at page H-1 of Exhibit H hereto, is amended to reflect the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) designation, and to note the Conceptual Trails and Circulation Plan in the AH-SP designation is reflected in Specific Plan Figure 3.0-4 (see Exhibit Q hereto). The Conceptual Open Space & Conservation Map, as amended by this Initiative, is attached hereto at page H-2 of Exhibit H. C. Parks and Recreation Element Amendments. The voters hereby amend the Parks and Recreation Element of the General Plan of the City of Carlsbad as follows (new language to be inserted into the General Plan is shown as underlined text, language to be 4 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS deleted is shown in stFikethfet:tgh teKt; text in regular or bold type reflects the existing General Plan text and is provided for informational/reference purposes): Section I ("Introduction"), subsection G ("Park Inventory Introduction"), Part 3 ("Regional Open Space Parks"), is amended as follows: 3. REGIONAL OPEN SPACE PARKS Three of the City's Special Resource Areas and one community park (Lake Calavera, Agua Hedionda Lagoon, Batiquitos Lagoon and Veterans Memorial) have been identified as Regional Open Space Parks in addition to their primary city park classification. These sites have been identified as Regional Open Space Parks consistent with the recommendations of the San Diego Association of Governments' (SANDAG) report, Regionally Significant Open Space -Definition. Although parks have be~n identified as part of the regional park system, they will continue to function pursuant to their primary park classification as identified above. The identification of a city park as a Regional Open Space Park simply denotes that the park is part of the region's park system. A portion of the lands south of the Agua Hedionda Lagoon are subject to the Agua Hedionda South Short Specific Plan for 85% Open Space and 15% Retail, which defines and regulates the open space uses in the Specific Plan area. A regional park is a major park that may contain any one or combination of such attributes as natural beauty, unique topographic features, historical structures or unusual scenery. Such parks are usually developed for at least two outdoor activities, but the greatest part of the acreage may remain as undeveloped open space. Usually a regional park has at least 200 acres, 50 acres of which are developable. The size may be smaller for unique regional resources. In Section I ("Introduction"), subsection G ("Park Inventory Introduction"), the following new Part 4 is added: 4. THE AGUA HEDIONDA SOUTH SHORE SPECIFIC PLAN FOR 85% OPEN SPACE AND 15% RETAIL (AH-SP) The Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) area consists of approximately 203 .4 acres between the south shore of the Agua Hedionda Lagoon and Cannon Road in the City. The AH-SP Specific Plan will permanently protect and conserve approximately 176:7 acres of open space and agricultural lands. The intent of the AH- SP designation and the open space areas and uses within the designation are described in the AH- SP Specific Plan. Section I ("Introduction"), subsection I ("Facility Standards") Table 2 is amended as follows: Table 2: Facilities Standards, is amended, as set forth on Exhibit I hereto, to note that standards and uses in the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) designation are set forth in the Specific Plan. In Section II ("Goals, Objectives and Implementing Policies and Action Programs"), the following new section is added: THE AGUA HEDIONDA SOUTH SHORE SPECIFIC PLAN FOR 85% OPEN SPACE AND 15% RETAIL (AH-SP) The Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) area consists of approximately 203 .4 acres between the south shore of the Aqua Hedionda Lagoon and Cannon Road in the City. The AH-SP designation will permanently protect and conserve approximately 176. 7 acres for open space lands, strawberry farming, and coastal agriculture. The intent of the AH-SP designation and Goals, Objectives, and Implementing Policies and Action Programs for the open space areas within the AH-SP designation are described in the AH-SP Specific Plan. Section II ("Goals, Objectives and Implementing Policies and Action Programs"), "Recreation Programs," subsection B ("Objectives"), B.3 is amended as follows: B.3 To provide for safe recreational use at the Agua Hedionda Lagoon on a partially self- sustaining basis, and through implementation of the AH-SP Specific Plan in the Specific Plan area south of the Lagoon in accordance with the financing provisions and the regulations set forth in the Specific Plan. 5 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS Section II ("Goals, Objectives and Implementing Policies and Action Programs"), "Special Resource, Open Space and Cultural-Historical Areas," is amended as follows: Subsection B ("Objectives"), is amended as follows: B. OBJECTIVES B.1 To improve the recreational and educational potential of the City's three (3) lagoons and beach areas. B.2 To develop the Lake Calavera Area (252 acres) with interpretive nature trails and passive recreational use, if feasible. B.3 Te eRter iRte ancl maintain agreements •i11rith SDG&E te establish aeeess te ancl aleng dw se1:1theast sicle ef Ag1:1a Hecliencla Lage en, seeking leHg teFFH lease periecls. B.4 Te enter iRte ancl maintain agreemeHts with SDG&E te establish eenneeting aeeess between Veterans Memerial Park ancl the 8e1:1theast sicle efAg1:1a Hecliencla Lageen. B.5 Te pr01f'icle limited p1:1blie aeeess te the v,etiaHcls ef the Ag1:1a Hecliencla LageeH fer the p1:1rpese ef Yisiter attraetieHs s1:1eh as interpretiYe eeHters, bearcl•,1,ralks, ete. B.61 To ensure that Special Resource, Open Space and Cultural/Historic Areas meet the needs of Carlsbad residents, tourists and employees in the City of Carlsbad. B.4 To provide public access to the Agua Hedionda Lagoon and adjacent lands to the south of the Lagoon under the regulations contained in the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP). Under subsection C ("Implementing Policies and Action Programs"), C.1 is amended as follows: C.1 Require that offers to dedicate or requests to enhance and/or develop open space areas for recreation purposes be reviewed by both the Parks and Recreation Commission and Planning Commission, and if deemed appropriate, recommended to the City Council for their discretionary approval. This Policy and Action Program does not apply in the AH-SP designation, which is governed by the AH-SP Specific Plan. Section IV ("Maps") Map 1 is amended as follows: The Citywide Parks and Recreation Map ("Map l "), a copy of which is attached for informational purposes only at page J-1 of Exhibit J hereto, is amended to redesignate a portion of the area between the Agua Hedionda Lagoon and Cannon Road as Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP), as set forth on page J-2 of Exhibit J hereto. Section V ("Tables") Table 5 is amended as follows: Table 5, ("Uses in Recreation Areas"), "Page #4," Chart titled, "Existing-SRA," is amended, as set forth in Exhibit K hereto to note that the recreational uses in the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) designation area are set forth in the Specific Plan. Section 4. Amendments to Agua Hedionda Land Use Plan. The voters hereby amend the Agua Hedionda Land Use Plan as follows (new language to be inserted into the Agua Hedionda Land Use Plan is shown as underlined text, language to be deleted is shown in strikethre1:1gh te~; text in regular or bold type reflects the existing General Plan text and is provided for informational/reference purposes: The title page of the Agua Hedionda Land Use Plan is modified to add the following text to reflect the amendment of the plan by the Agua Hedionda 85/15 Specific Plan Initiative as follows: The Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) By Initiative, 2015 Section I ("Introduction"), subsection l ("Plan History"), is amended as follows: The Agua Hedionda Land Use Plan was originally developed as a pilot local coastal plan under a $16,000 grant from the California State Coastal Commission. The Plan was formulated as a joint effort between property owners, the City of Carlsbad and the Coastal Commission. Following 6 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS numerous public hearings and workshops, the plan was submitted by the City to the Coastal Commission in October, 1977. Several public hearings regarding the Plan were conducted by the Regional and State Coastal Commissions, and the Plan was returned to the City with 32 conditions of approval (32 issue areas requiring modification to meet the requirements of the Coastal Act). In response to the State Coastal Commission's actions regarding the Plan, the Carlsbad City Council suggested setting up a Negotiating Committee to resolve unsettled issues. The Negotiating Committee, including City and Coastal Commission staff members and elected representatives, began meeting on July 6, 1979. The final meeting of the Negotiating Committee occurred in November, 1980, and resulted in a revised version of 24 conditions of approval resolving the majority of unsettled issues. This Plan represents a synthesis of the original Plan, incorporating the negotiated conditions of approval, and utilizing the format of the City -modified Carlsbad Local Coastal Plan, prepared by the firm of PRC Toups. Attachment 1 provides a complete chronology of the development and past procedural aspects of the Plan. In 2015, an initiative was adopted enacting the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail to govern approximately 203.4 acres within the area of the existing Agua Hedionda Land Use Plan {LUP). The AH-SP area consists of 203.4 acres between the south shore of the Agua Hedionda Lagoon and Cannon Road. These lands are exclusively regulated by the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail. Section I ("Introduction"), subsection 2 ("Scope"), is amended as follows: Each of the 15 counties and 53 municipal jurisdictions along the California coast are required to prepare a Local Coastal Program (LCP). The LCP consists of a local government's Land Use Plans, Zoning Ordinance and Zoning which meet the requirements, and implement the provisions and policies of the California Coastal Act. The LCP consists of two principal components: (1) the Land Use Plan and (2) Implementing Ordinances. This portion of the Agua Hedionda LCP is meant to fulfill the requirements for a Land Use Plan. Implementation will be considered at a later date, subsequent to City and Coastal Commission review and approval of the Land Use Plan. The Carlsbad Coastal Zone, as a result of legislative action, has been segmented into four distinct planning areas (see Exhibit "A"). These are as follows: • Agua Hedionda LCP Segment 1,100 acres; • Mello Bill Local Coastal Plan Area 1,000 acres; • San Dieguito LCP (County of San Diego) 1,191 acres; and • City of Carlsbad Local Coastal Plan 5,387 acres. This plan addresses only those issues pertaining to the 1,100 acre Agua Hedionda Local Coastal Plan area, except the AH-SP Specific Plan addresses issues in the AH-SP area, approximately 203 .4 acres. Section II ("Background"), is amended as follows: Subsection 3 ("Carlsbad General Plan: Goals and Policies"), is amended as follows: The Carlsbad General Plan provides the broad guidelines and goals which shape and direct the future growth of the City. The General Plan recognizes the unique environmental status of the lagoon and its environs, designating the entire shoreline, and a majority of the flood-plain area and the south shore properties as "open space." The General Plan further requires previously required the development of a specific plan for the lagoon area, and designates designated the entire Agua Hedionda Plan area as a "special treatment area." Such a specific plan, the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail {AH- SP), was adopted by initiative. In order to provide consistency with other areas of the City, and to allow for the eventual integration of the contents of this Plan with the overall General Plan, the specific plan must address relevant aspects of the General Plan. A new subsection 5 is added as follows: 7 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 5. Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH- SP): Goals and Policies The AH-SP designation facilitates protection and conservation of open space and agriculture, and the development of improvements consistent with the adopted policies of the Carlsbad Specific Plan, the Coastal Act, and this LUP. The AH-SP recognizes the unique location of the AH-SP area, and its ability to serve Carlsbad's agriculture, open space, and recreation needs, along with the visitor-serving commercial, retail, shopping, dining, and entertainment needs of the entire Carlsbad community. The AH-SP area consists of approximately 203.4 acres between the south shore of the Agua Hedionda Lagoon and Cannon Road. The AH-SP will permanently protect and conserve approximately 176.7 acres of open space and agricultural lands, in cooperation with the City of Carlsbad, one or more qualified environmentally focused non-profit entities, land conservancy organizations, land managers, public agencies, and qualified farming and agricultural interests. The remaining approximately 26. 7 acres includes a pedestrian-oriented visitor-serving outdoor shopping, dining, and entertainment promenade that creates a high-quality, functionally integrated district that is distinctive, creates a sense of community, and contributes to Carlsbad's traditional "village" identity and beach community character. The Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) serves as the zoning for the entire AH-SP area. Section III ("Land Use Plan"), subsection l("Land Use"), is amended as follows: Exhibit B, "Land Use Plan Area Map," a copy of which is attached for informational purposes only at page L-1 of Exhibit L hereto, is amended only to reflect the redesignation of the area south of the Agua Hedionda Lagoon and north of Cannon Road as Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP), as set forth on page L-2 of Exhibit L hereto. Exhibit C, "Land Use Plan Map," a copy of which is included as Exhibit M-1 of Exhibit M hereto, is amended only to reflect the removal of the land use designations of TS and OS south of the Agua Hedionda Lagoon, and north of Cannon Road, and redesignation of the area as Habitat Management Plan Open Space (HMP-OS), Passive Open Space (P-OS), Exclusive Agricultural Open Space (EAG-OS), Agricultural Support Open Space (AGS-OS), and Visitor-Serving Commercial (VSC), as set forth on Exhibit M-2 hereto. Policy 1. 7 is amended as follows: 1. 7 The area desigBated "CommHBity Park" shall be wBed opeB spaee (OS). The areas designated Habitat Management Plan Open Space (HMP-OS), Passive Open Space (P- OS), Exclusive Agricultural Open Space {EAG-OS), and Agricultural Support Open Space (AGS-OS), are regulated by the AH-SP Specific Plan. Uses iB this area shall be regHlated by the opeB spaee ;;,;oBe aBd shall be sited so that there are no significant adverse impacts on agricultural lands, wildlife habitats and environmentally sensitive areas. Policy 1.9 is amended as follows: 1.9 Building height shall be limited to a maximum of 35 feet. Notwithstanding the foregoing sentence, building height in the AH-SP area shall be governed by the AH-SP Specific Plan. Building setbacks and lot coverage shall be regulated by the applicable zoning designation, except as specifically modified in this plan, or as set forth in the AH- SP Specific Plan. Policy 1.10 is amended as follows: 1. 10 Development of the "AH-SP" designated property shall be regulated as follows: Approximately 26. 7 acres of the The45 acre parcel 01.vBed by SDG&E located on the south shore immediately east of the freeway lli shall be designated TS, Travel Serviees VSC, Visitor-Serving Commercial, as outlined in the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP Specific Plan), adopted by initiative. Conversion of the property to commercial development~ shall be subject to a fatl:lre speeifie plaB the AH-SP Specific Plan and the applicable policies contained in the Specific Plan relating to agricultural conversion. A fatl:lre speeifie plaB 1Nill be reqHired by the City for de1,relopmeBt of the property. 8 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The remaining approximately 176.7 acres shall be protected and conserved as open space, agricultural lands, and agricultural support uses so as to minimize and avoid any significant adverse effects to agricultural lands, wildlife habitats, and environmentally- sensitive areas. Section III ("Land Use Plan"), subsection 2 ("Agriculture"), "Policies," is amended as follows: 2.1 Conversion of agricultural property shall be consistent with Coastal Act policies, ftftd the policies of this plan, and the goals/objectives/policies set forth in the AH-SP Specific Plan, which exclusively control in the Specific Plan area. 2.2 The south shore agricultural lands shall be re-designated "Of!en Sf)aee.", as reflected on the Land Use Plan map. This area shall be zoned "~EelusiYe Agrieulture" in the imf)lementation f)hase of the f)lanas reflected in the AH-SP Specific Plan. 2.3 Conversion of the approximately 26.7#-acre SDG&E south shore property designated VSC on the Land Use Plan map shall be subject to the following conditions set forth in the AH-SP Specific Plan.-:- a) Prior to de11elof)ment SDG&E shall reeord a f)ermanent Of!en spaee easement o,,er the remaining agrieultural lands in fa11or of the City of Carlsbad. Said easement shall limit uses to agrieult1:1re, 1:1tility right of •Nay and maintenanee, roadv,<ays, and reereation trails that do not interfere with agrieultural operations. b) SDG&E shall proYide a 1Nritten report demonstrating to the satisfaetion of the City, that f!reserYation of the site is not neeessary to assure reasonable eKf!ansion Oflf)Ortunities for the Eneina Po1uer Plant in aeeordanee 1uith Coastal Aet Seetion 30413(0), and that future eKf)ansion eould reasonably be aeeommodated at the f)resent f!O'+>i'er plant site. Said report shall be a req1:1irement of a future speeifie de,,elof!ment f!lan for the f!FOperty. e) Prior to issuanee of a permit for de1,,elopment of the pareel , the owner shall make a portion of the site Et','ailable for de¥elof)ment as a fll:IBlie reereational use if the City finds that eurrent or future reereational needs require the de11elopment of sueh uses in the south shore portion of the Land Use Plan area. d) In the eyent that the Carlsbad Loeal Coastal Plan is amended to allow for a City Sf!Onsored agrieult1:1ral f)FOgram, SDG&E may Qf)ply for inel1:1sion in the amended program. Section III ("Land Use Plan"), subsection 3 ("Environmentally Sensitive Habitats, Water, And Marine Resources"), is amended as follows: Policy 3-13-1.12 is amended as follows: 3-13-1.12 Buffers and Fuel Modification Zones Buffers shall be provided between all preserved habitat areas and development. Minimum buffer widths, except within the AH-SP area, shall be provided as follows: a. 100 feet for wetlands b. 50 feet for riparian areas c. 20 feet for all other native habitats ( coastal sage scrub, southern maritime chaparral, maritime succulent scrub, southern mixed chaparral, native grassland, oak woodland). Buffer widths shall be measured from the edge of preserved habitat nearest the development to the closest point of development. For wetlands and riparian areas possessing an unvegetated bank or steep slope (greater than 25%), the buffer shall be measured from the top of the bank or steep slope rather than the edge of habitat, unless there is at least 50 feet between the riparian or wetland area and the toe of the slope. If the toe of the slope is less than 50 feet from the wetland or riparian area, the buffer shall be measured from the top of the slope. Any proposed reductions in buffer widths for a specific site shall require sufficient information to determine that a buffer of lesser width will protect the identified resources. Such information shall include, but is not limited to, the size and type of the development and/or proposed mitigation (such as planting of vegetation or the construction of fencing) that will also achieve the purposes of the buffer. The California Department of Fish and Game, the U.S. Fish and Wildlife Service, and the Coastal Commission staff shall be consulted in such buffer determinations. 9 -·""", INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS No development, grading or alterations, including clearing of vegetation, shall occur in the buffer area, except for: a. Fuel modification Zone 3 to a maximum of 20 feet for upland and non-riparian habitat. No fuel modification shall take place within 50 feet of riparian area, wetlands or oak woodland. b. Recreation trails and public pathways within the first 15 feet of the buffer closest to the development, provided that construction of the trail or pathway and its proposed use is consistent with the preservation goals for the adjacent habitat, and that appropriate measures are taken for physical separation from sensitive areas. Buffer areas that do not contain native habitat shall be landscaped using native plants. Signage and physical barriers such as walls or fences shall be required to minimize edge effects of development. Notwithstanding the foregoing Policy 3-13-1.12, the AH-SP area is regulated by the AH- SP Specific Plan, which controls buffers, signage, and fencing within the Specific Plan area. New Policy 3-15 is added as follows: 3-15 Design Guidelines for the Property within the AH-SP area. 3-15-1.1 The AH-SP Specific Plan contains the exclusive permitted design guidelines for development within the AH-SP area. Section III ("Land Use Plan"), subsection 4 ("Geologic Hazards"), "Discussion," is amended as follows: This portion of the Land Use Plan addresses the need to regulate development activities in areas of geologic instability, or other potential geologic hazards. Geologic issues relative to the Agua Hedionda area include flood hazards, soil erosion, sedimentation, alteration of natural landforms, the regulation of grading, and development of steep slope areas. Development projects within the AH-SP area shall be governed by the site design principles contained in the AH -SP Specific Plan. Grading permits in the AH-SP area shall also be governed by the regulations contained in the AH-SP Specific Plan. The eastern end of the lagoon contains extensive flood plain areas. These are currently regulated through the City's Flood plain overlay zone, and are largely undeveloped except for agricultural uses. Erodibility of soils, and the resulting sedimentation, are of concern to maintaining the lagoon ecosystem. The lagoon owes its present depth and configuration to the dredging and removal of 310,000 cubic yards of sedimentation in 1952 to 1954. The principal source of sedimentation in the lagoon is from beach sand entering the lagoon mouth. This impact is somewhat minimized by continued maintenance dredging of the outer lagoon. Soils having moderate to high erodibility characteristics are largely limited to floodplain areas to the east, and agricultural lands to the southeast. Development activities, especially during the construction phase, are particularly vulnerable to erosion problems. Regulation of grading activities can mitigate many of the adverse impacts associated with construction. Developments which make provisions for minimal disturbance of natural landforms, drainage swales and steep slopes, will generally not require extensive engineered structures to control drainage and erosion. While engineered structures such as catchment basins, desilting basins, subsurface drains, etc., are often times effective in controlling excess runoff, careful provision must be made for the maintenance and management of such structures in order to assure long-term effective operation. Section III ("Land Use Plan"), subsection 5 ("Public Works"), is amended as follows: The part titled "Parking Lots" is amended as follows: Parking Lots Development plans for, or which include parking lots greater than 5,000 sq. ft. in size and/or with 25 or more parking spaces, susceptible to stormwater, shall: 10 -,. INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS a. Incorporate BMPs effective at removing or mitigating potential pollutants of concern such as oil, grease, hydrocarbons, heavy metals, and particulates from stormwater leaving the developed site, prior to such runoff entering the storm water conveyance system, or any receiving water body. Options to meet this requirement include the use of vegetative filter strips or other media filter devices, clarifiers, grassy swales or berms, vacuum devices or a combination thereof. Selected BMPs shall be designed to collectively infiltrate, filter or treat the volume of runoff produced from each and every storm event up to and including the 85th percentile 24-hour runoff event. BMPs shall be engineered and constructed in accordance with the guidance and specifications provided in the California Stormwater Best Management Practices Handbooks (Commercial and Industrial) . .b_. The AH-SP Specific Plan contains detailed regulations for parking lots and stormwater management within the Specific Plan area. Those regulations exclusively control in the Specific Plan area. New policy 5.11 is added as follows: 5.11 The AH-SP Specific Plan contains detailed regulations for public works in the Specific Plan area. Those policies exclusively control in the Specific Plan area. Section III ("Land Use Plan"), subsection 6 ("Recreation and Visitor-Servicing Facilities"), Policy 6.3 is amended as follows: 6.3 The SDG&E agrieulmml eowtersioR property within the AH-SP area adjacent to the 1-5 freeway,~ shall be designated Tra-vel Serviees Visitor-Serving Commercial. This will allow for #-26. 7 acres of additional visitor-serving commercial uses. Section III ("Land Use Plan"), subsection 7 ("Shoreline Access") is amended as follows: Policy 7.1 is amended as follows: 7.1 Bicycle routes, and accessory facilities such as bike racks, benches, trash containers and drinking fountains shall be installed at the locations indicated on Exhibit I. In the AH-SP Specific Plan Area, the Specific Plan exclusively controls location and of bicycle routes and accessory facilities. Policy 7.2 is amended as follows: 7.2 Pedestrian access ways shall be located as shown on Exhibit J. In the AH-SP Specific Plan Area, the Specific Plan exclusively controls pedestrian access ways. Policy 7.9 is amended as follows: 7.9 Access Signing All public use areas shall be clearly identified through a uniform signing program, to be carried out by the City of Carlsbad or as a condition of individual private developments. Signs or other devices on public or private property which might deter use of public access areas shall be prohibited within the Agua Hedionda Plan area, unless otherwise allowed by the AH-SP Specific Plan. New policy 7.14 is added as follows: 7 .14 The AH-SP Specific Plan contains detailed regulations for shoreline access in the Specific Plan area. Those policies exclusively control in the Specific Plan area. Exhibit I, "Bike Route Plan," is attached for informational purposes only at page N-1 of Exhibit N hereto. The Bike Route Plan is amended to reflect the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) area, and to note the Bike Route Overlay in the AH-SP area is reflected in Specific Plan Figure 3.0-1 (see Exhibit Q hereto). The amended Bike Route Plan is attached at page N-2 of Exhibit N hereto. Exhibit J, "Pedestrian Access Plan," is attached for informational purposes only at page 0-1 of Exhibit O hereto. The Pedestrian Access Plan is amended to reflect the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) area, and to note the Conceptual Trails Plan in the AH-SP area is reflected in Specific Plan Figure 3.0-4 (see Exhibit Q hereto). The amended Pedestrian Access Plan is attached at page 0-2 of Exhibit O hereto. 11 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS Section III ("Land Use Plan"), subsection 8 ("Visual Resources and Historic Preservation"), "Discussion," is amended as follows: Discussion The Agua Hedionda Plan area affords a multitude of excellent views and vistas. The lagoon itself can be viewed from most locations within the plan area, and several north shore properties provide vistas of the lagoon and ocean. Carlsbad Boulevard provides for unobstructed views of the ocean and outer lagoon, and Adams A venue on the north shore provides sweeping vistas of the inner lagoon and south shore agricultural areas. There are no historic structures in the area, but there are several significant archaeological sites. Indian history around Agua Hedionda Lagoon dates back more than 9,000 years and represents the best known example of the transition from a game hunting culture to a shell fish and plant gathering economy. Indian middens and campsites around the lagoon have attracted considerable archaeological interest, although a number of the sites have not been thoroughly examined and documented. The Agua Hedionda Environmental Impact Report contains an analysis of archaeological sites, and site-specific mitigation measures. These have been incorporated into this plan, and are contained in Attachment 2. Approximately 203 .4 acres of land between the south shore of the Agua Hedionda Lagoon and Cannon Road are regulated by the AH-SP Specific Plan, which contains detailed regulations concerning visual resources and archaeological sites. Notwithstanding the policies in this subsection, the provisions of the AH-SP Specific Plan exclusively control the Specific Plan area. Park Drive, Adams A venue, Carlsbad Boulevard and El Camino Real have been designated as potential scenic roadways in the Carlsbad General Plan. These roads will be subject to special landscape provisions and design criteria. Section 5. Amendment to the Zoning Code of the City of Carlsbad. The Zoning Map of the Zoning Code, Title 21 of the Code of Ordinances of the City of Carlsbad, a copy of which is attached for informational purposes only at page P-1 of Exhibit P hereto, is amended to change the zoning of approximately 203 .4 acres between the south shore of the Agua Hedionda Lagoon and Cannon Road in the City of Carlsbad to Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP), as set forth on page P-2 of Exhibit P hereto (page P-3 of Exhibit P hereto is for informational purposes only). By adopting the AH-SP zoning for the property, the voters intend to rescind, and do hereby rescind, the existing zoning for the property, and to replace that zoning with the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) zoning, as follows: General Plan Specific Plan Desie;nation Zonine; Desie;nation Habitat Management Plan Open Space AH-SP HMP-OS Passive Open Space AH-SP P-OS Exclusive Agriculture Open Space AH-SP EAG-OS Agricultural Support Open Space AH-SP AGS-OS Visitor-Serving Commercial AH-SP vsc Section 21.05.010 -Names of Zones, of Title 21 of the Code of Ordinances of the City of Carlsbad is amended to add the abbreviation and name of the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) zone as follows: AH-SP Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) area, including Habitat Management Plan Open Space (HMP-OS) zone. Passive Open Space (P-OS) zone. Exclusive Agriculture Open Space (EAG-OS) zone, Agricultural Support Open Space (AGS-OS) and Visitor-Serving Commercial (VSC} zone. A new Chapter is added to Title 21 of the Code of Ordinances of the City of Carlsbad as follows: Notwithstanding any provision of the Carlsbad Municipal Code and to ensure that development of the AH-SP area is subject to express. objective standards that cannot be changed through subseguent discretionary actions or interpretations, the AH-SP zone is a new zoning district that exists independent of other zoning reguirements, including the balance of Title 21 of the Carlsbad Municipal Code. The property subject to the AH-SP zoning district is regulated by the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail ("AH-SP Specific Plan") and shall not be subject to any provision of the Carlsbad Municipal Code that purports to 12 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS regulate or guide land use development, except those contained in this new chapter or as otherwise provided in the Specific Plan .The intent and purpose of the AH-SP zone is to: • Enhance Carlsbad's character as a desirable beach and open space oriented community, .! Encourage agricultural uses within the Specific Plan area, • Create a unique community-oriented open space, agriculture, recreation, and visitor- serving commercial, dining, and entertainment area along Cannon Road, • Cooperate with one or more qualified environmentally focused non-profit entities, land conservancy organizations, land managers, public agencies, and/or farming and agricultural interests to ensure responsible conservation, management, operation, and maintenance of the designated open space/ agriculture areas, • Maintain or enhance the water quality associated with the Agua Hedionda Lagoon and its tributary drainages, • Enable development of a new pedestrian-oriented outdoor visitor-serving commercial, shopping, dining, and entertainment promenade (Outdoor Shopping, Dining, and Entertainment Promenade), • Ensure that the scale and character of new development in the Outdoor Shopping, Dining, and Entertainment Promenade area is appropriate to the setting, intended use, and the natural terrain, open space, agriculture, and vistas of the Agua Hedionda Lagoon, .! Enable new development within the Outdoor Shopping, Dining, and Entertainment Promenade area to foster a sense of community by providing safe, pedestrian-oriented walkways and trails to destinations, gathering places, picnic areas, vistas, and visitor- serving commercial, dining, entertainment, and recreation amenities for a variety of Carlsbad residents and visitors, • Ensure that the Carlsbad community will continue to enjoy high quality, unique shopping and dining experiences in walkable environments that provide community gathering spaces and opportunities for connectivity, • Invite innovative, sustainable building designs that are energy efficient and water conserving, • Encourage a multi-modal integrated system of pedestrian and bicycle trails in the Specific Plan area, • Contribute to an integrated transportation system and updated street and highway network, • Enhance the quality of life by offering expanded visitor-serving commercial, dining, entertainment, and recreation opportunities, creating new jobs, and increasing the tax base while incorporating measures to avoid or minimize impacts to the natural environment, .! Contribute to Carlsbad's economic vitality while protecting and conserving its open space, agriculture, and aesthetic resources, • Continue efforts in Carlsbad to decrease use of energy and fossil fuel consumption in transportation, waste reduction and recycling, with efficient building design and use, • Ensure energy efficiency and water conservation, including landscaping, • Promote the maintenance of Specific Plan infrastructure, facilities, and services, • Require compliance and consistency with the Carlsbad General Plan ( 1994) and Carlsbad Growth Management program public facility performance standards to ensure that adequate public infrastructure, facilities, and services are provided prior to or concurrent with development, and • Coordinate future development with the Carlsbad Capital Improvement Program to ensure adequate funding for needed infrastructure, facilities, and services. Section 6. Adoption of the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail. The Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail, attached as Exhibit Q to this Initiative is hereby adopted. The Specific Plan exclusively shall control land use and utilization of the lands covered by the Specific Plan. Therefore, the Specific Plan is exempt from Titles 15, 17, 18, 19, 20 and 21 of the Carlsbad Municipal Code, except as provided in this Initiative or the Specific Plan itself, which contains the exclusive provisions governing and regulating the Specific Plan's plan review 13 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS procedures and process, including the plan-checks, sign-offs, actions, decisions, approvals, and other determinations required by the Specific Plan with respect to the standards, guidelines, infrastructure, open space, trails, and other Specific-Plan-identified facilities, services, and amenities. Section 7. Additional Informational Exhibits. Hub Park Lease. A copy of the Hub Park Lease, referenced in Chapters 2.4.2 and 6.17.2 of the Agua Hedionda 85/15 Specific Plan is attached hereto as Exhibit R for informational purposes. As described in the Specific Plan, a portion of the Specific Plan area is subject to the "Hub Park" lease. As a result of the original approvals for the Encina Power plant, including approval of Encina Specific Plan 144, SDG&E and the City entered into a lease in 1975, which allows the City to use approximately 91 acres of a portion of the Specific Plan area (see Specific Plan, figure 2.0-3), called "Hub Park," for community park and recreation purposes. The Hub Park area is designated "Open Space" in the Agua Hedionda Land Use Plan (1982). See Specific Plan, figure 3.0-2, "Agua Hedionda LUP Exhibit C, Land Use Plan." In addition, the existing Hub Park lease includes a list of potential park and recreation opportunities, some of which are included as allowed uses in designated open space within the Specific Plan area (e.g., picnic areas, hiking trails). Since entering into the lease, the City has not implemented the park and recreation uses contemplated in the lease and existing agricultural uses continue within the Hub Park area, and will continue in the Specific Plan area as designated. In 2014, the City adopted Ordinance No. CS-255 repealing the Encina Specific Plan 144, and the General Plan Update (2014) makes no reference to the Hub Park lease. Enacting this Specific Plan, will allow open space uses in the Hub Park area to protectin perpetuity sensitive habitat, special status species, riparian and wetland resources, and facilitate the ongoing viability of strawberry farming and coastal agriculture. Beach Access Lease. A copy of the Beach Access Lease, referenced in Chapters 2.4.3 and 6.17.3 of the Agua Hedionda 85/15 Specific Plan is attached hereto as Exhibit S for informational purposes. As described in the Specific Plan, a portion of the Specific Plan area is subject to the "Beach Access" lease. In connection with approvals for the Encina Power plant, including approval of Encina Specific Plan 144, SDG&E and the City entered into another lease in 1975, titled the "Beach Access Lease," allowing SDG&E the right to the sole and exclusive use to the southerly shore of the Upper Agua Hedionda lagoon. The land subject to this lease is commonly known as the Upper Agua Hedionda Lagoon shore and waters thereon. The uses allowed by the Beach Access lease were never acted upon. In addition, the Carlsbad Draft General Plan Update (2014) makes no reference to this lease, the California Public Utilities Commission has issued a decision authorizing the sale and option rights relative to the Specific Plan area, including the area subject to the Beach Access lease, and the City adopted Ordinance No. CS-255 repealing the Encina Specific Plan 144. Adoption of this Specific Plan will not result in any impact to the land or waters encompassed within the Beach Access Lease, but rather allow the area to be limited to open space habitat preservation. Section 8. Implementation of Agua Hedionda Initiative, Including Coastal Commission Approval. A. Upon the effective date of this Initiative, the City of Carlsbad is directed to promptly take all appropriate actions needed to implement this Initiative. This Initiative is considered adopted and effective upon the earliest date legally possible after City Council adopts this Initiative, or the Elections Official certifies the vote on the Initiative by the voters of the City of Carlsbad, whichever occurs earlier. Notwithstanding the foregoing sentence, the provisions of this Initiative enacting amendments to the Agua Hedionda Land Use Plan and adopting the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) shall be operative as adopted or as modified pursuant to subsections 8(D) and 11, below, upon final certification of the California Coastal Commission. B. Upon the effective date of this Initiative, the provisions of Section 3 of this Initiative are hereby inserted into the General Plan; except that if the four amendments of the General Plan permitted by state law for any calendar year have already been utilized in the year in which this Initiative becomes effective, the General Plan amendments set forth in this Initiative shall be the first amendments inserted into the General Plan on January 1 of the next year. 14 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS C. The General Plan in effect on the date of filing of the Notice oflntent to Circulate this Initiative ("Filing Date"), and the General Plan as amended by this Initiative, comprise an integrated, internally consistent and compatible statement of policies for the City. To ensure that the City's General Plan remains an integrated, internally consistent and compatible statement of policies for the City, any provision of the General Plan that is adopted between the Filing Date and the effective date of the General Plan amendments adopted by this Initiative shall, to the extent that such interim-enacted provision is inconsistent with the General Plan amendments adopted by this Initiative, be amended as soon as possible and in the manner and time required by state law to ensure consistency between the provisions adopted by the Initiative and other elements of the General Plan. D. No later than thirty (30) days after the City Council adopts this Initiative or the City's Elections Official certifies the vote on the Initiative, the City shall submit the Agua Hedionda Land Use Plan amendments contained in Section 4 of this initiative, and the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) adopted in Section 6 of this Initiative to the California Coastal Commission, as required by law, to obtain Coastal Commission certification thereof, consistent with the intent of this Initiative. The amendments to the Agua Hedionda LUP and the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) shall take effect automatically upon Coastal Commission certification, including any modifications required for final certification by the Commission and made pursuant to Section 11 of this Initiative, or any other authority. Any such terms or modifications of approval by the Coastal Commission are hereby acknowledged, accepted, and agreed upon pursuant to the California Code of Regulations, title 14, sections 13551 and 13544.5 of the Coastal Act. E. If the Coastal Commission fails to certify the amendments to the Agua Hedionda LUP and the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retain, either as enacted by initiative or as modified, this Initiative shall become null and void and of no further force or effect. F. Upon the effective date of this Initiative, the provisions of Section 5 are hereby inserted into the Zoning Code of the City of Carlsbad. The City may determine the appropriate location and numbering for the new chapter of Title 21 added in Section 5 of this Initiative, provided that the full text is inserted into the Zoning Code without alteration. Section 9. Effect of Other Measures on the Same Ballot. In approving this Initiative, it is the voters' intent to create a comprehensive regulatory plan to govern the future use and development of the Specific Plan area. To ensure that this intent is not frustrated, this Initiative is presented to the voters as an alternative to, and with the express intent that it will compete with, any and all voter initiatives or City-sponsored measures placed on the same ballot as this Initiative and which, if approved, would regulate the use or development of the Property in any manner or in any part whatsoever ( each, a "Conflicting Initiative"). In the event that this Initiative and one or more Conflicting Initiatives are adopted by the voters at the same election, then it is the voters' intent that only that measure which receives the greatest number of affirmative votes shall control in its entirety and said other measure or measures shall be rendered void and without any legal effect. In no event shall this Initiative be interpreted in a manner that would permit its operation in conjunction with the non- conflicting provisions of any Conflicting Initiative. If this Initiative is approved by the voters but superseded by law in whole or in part by any other Conflicting Initiative approved by the voters at the same election, and such Conflicting Initiative is later held invalid, this Initiative shall be self-executing and given full force of law. Section 10. Interpretation and Severability. A. This Initiative must be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, sub-section, sentence, clause, phrase, part, or portion of this Initiative is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this Initiative. The voters declare that this Initiative, and each section, sub-section, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases, part, or portion is found to be invalid. If any provision of this Initiative is held invalid as applied to any person or circumstance, such invalidity does not affect any application of this Initiative that can be given effect without the invalid application. B. If any portion of this Initiative is held by a court of competent jurisdiction to be invalid, we the People of the City of Carlsbad indicate our strong desire that: (i) the City Council use its best efforts to sustain and re-enact that portion, and (ii) the City Council implement this Initiative by taking all steps possible to cure any inadequacies or deficiencies identified by the court in a manner consistent with the express and implied intent of this Initiative, including adopting or reenacting any such portion in a manner consistent with the intent of this Initiative. 15 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS C. This Initiative must be broadly construed in order to achieve the purposes stated above. It is the intent of the voters that the provisions of this Initiative be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Initiative Section 11. Amendment. Except as provided in Chapter 6 of the AH-SP Specific Plan, the City Council of the City of Carlsbad may adopt Agua Hedionda LUP amendments or amendments to the Specific Plan that are required as a result of the Coastal Commission's review pursuant to Public Resources Code section 30512. Nothing in the previous sentence shall be construed to limit the initiative right of the voters of Carlsbad to propose amendments to the Agua Hedionda LUP or to this Specific Plan. This Specific Plan may be repealed only by a majority of the voters of the City voting in an election held in accordance with state law. On and after the 15th Anniversary of the adoption of this Initiative, a vote of the people shall not be required to amend or repeal any portion of this Initiative, and this Initiative and the Amendments and Specific Plan that it adopts, including all exhibits thereto, may be amended or repealed by any procedure otherwise authorized by law. The text of existing provisions of the City of Carlsbad General Plan, Zoning Code, and the Agua Hedionda Land Use Plan that are quoted in this Initiative but not modified herein are not subject to this Section. Section 12. List of Initiative Exhibits. The following exhibits to this Initiative are incorporated herein by reference: Exhibit A -Amendment to General Plan Land Use Map Exhibit B -Amendment to Table 1: Quantitative Breakdown of Existing Land Use Map Exhibit C -Amendment to Table 3: Guidelines for Commercial Land Uses Exhibit D -Amendment to Table 1: Regulatory Open Space Protection Exhibit E-Amendment to Table 2: Existing and Constrained Open Space Acreages Exhibit F -Amendment to Table 3: Future Open Space Action Priorities Exhibit G -Amendment to Official Open Space and Conservation Map Exhibit H -Amendment to Conceptual Open Space and Conservation Map Exhibit I -Amendment to Table 2: Facilities Standards Exhibit J -Amendment to Map 1: Citywide Parks and Recreation Map Exhibit K-Amendment to Table 5: Uses In Recreation Areas Exhibit L-Amendment to Land Use Plan Area Map Exhibit M-Amendment to Land Use Plan Map Exhibit N -Amendment to Bike Route Plan Exhibit O -Amendment to Pedestrian Access Plan Exhibit P -Amendment to Zoning Map Exhibit Q-Agua Hedionda South Shore Specific Plan For 85% Open Space And 15% Retail Exhibit R-Hub Park Lease (for informational purposes only) Exhibit S -Beach Access Lease (for informational purposes only) 16 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT A TO THE INITIATIVE AMENDMENT TO THE GENERAL PLAN LAND USE MAP INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS GENERAL PLAN LAND USE MAP The General Plan Land Use Map, as it exists in the General Plan of the City of Carslbad a of the filing date of this Initiative, is shown below for informational purposes only: LEGEND •[El ELEMENTARY SCHOOL •[HJ HIGH SCHOOL •[HC) CONTINUATION SCHOOL •[JI JUNIOR HIGH SCHOOL •[PJ PRIVATE SCHOOL [Pl) PI..N·lNED INDUSTRIAL [G] GOVERNMENTAL FACILITIES (OS) OPEN SPACE o (UA) UNPLANNED AREAS/ COMBINATION DISTRICT •[TC) TRANSPORTATION CORRIDOR o (U) PUBLIC UTILITIES □[CF] COMMUNITY FACILITIES :;. 1 COMMERCIAL ,,.! •(RJ REGIONAL COMMERCIAL _3 [GC) GENERAL COMMERCIAL : ______ ::_.,.# o (L) LOCAL SHOPPING CENTER :: •(TRJ TRAVEL/RECREATION COMMERCIAL •[OJ OFFICE & RELATED COMMERCIAL ~ •M VILLAGE := RESlDENTIAL ~ □[RL) LOW DENSITY (Q.-1.5 du/ac) % * o [RLM) LOW-MEDIUM DENSITY 1 ~ (0-4 du/ac) ~ =[RM] MEDIUM DENSITY (4-8 du/ac}\ [RMH] MEDIUM-HIGH DENSITY ~ (8-15 du/ac) (RH) HIGH DENSITY (15-23 du/ac) • [R-30) RESIDENTIAL 23-30 du/ac B PRIME ARTERIAL ~ MAJOR ARTERIAL E3 SECONDARY ARTERIAL i3 COLLECTOR STREET EE RAILROAD EZl BEACH OVERLAY ZONE E3 COASTAL ZONE SPECIAL RESOURCE AREA AIRPORT INFLUENCE AREAS: >00< REVIEW AREA 1 nm REVIEW AREA 2 The Open Space identlfled on this map Is a COl1l)Osite of three types of open space which include: 1. Environmentalfy ronstrained lands (beaches, pennanent bodies ct water, ffoodways, slopes greater than 40%, weffands, riparioo areas. and major power l11e easements). 2. Previously approved General Plan Open Space. Includes any minor adjustments made as a result of improved data. 3. Previously/recenlly approved open space lands dedicated throu~ the approval a a master plan, speci~c plan, or dedicated on a fil'IBI sutxlivision map. Depictions of constrained lands should not be interpreted as representing precise boundaries because lt is anticipated that hese will be adjusted as better lnfOfmation beromes available through more field work, environmental analysis, etc. The adjustment of constrained opell space boondaries does not need to comply 'Nith the boundary adjustmel'lt procedures of the Opell Space and Conservation Element unless the constrained lands ~re approved as General Plan open space through a project specific General Plan amerxl ment GENERAL PLAN LAND USE MAP City of Carlsbad ~~ &, The data contained hereon Is based on Information available at this time and Is subject to change. Information should be verified by City of Carlsbad Planning Department. Updated April 2014 A-1 INITlATIVE MEA URE TO BE SUBMITTED DIRECTLY TO THE VOTER AMENDMENT TO THE GENERAL PLAN LAND U E MAP Th neral Plan Land U ap of the City of arl bad i amended by thi Jnitiati as hown b low t t to b added i und rlined deleted text i in strikethrough, and the property that i the ubje t of thi initiati located within the bold black o al on th map for ea of reference): LEGEND •[E) ELEMENTARY SCHOOL •IHI HIGH SCHOOL •[HCJ CONTINUATION SCHOOL •[JI JUNIOR HIGH SCHOOL •{Pl PRIVATE SCHOOL [Pl) PLANNED INDUSTRIAL [GI GOVERNMENTAL FACILITIES •[OSI OPEN SPACE rAH:SPI AGUA HEPIONDA SOUTH SHORE SPECIFIC PLAN FOR 85% OPEN SPACE AND 15% RETAIL o [UA) UNPLANNED AREAS/ COMBINATION DISTRICT •[TC) TRANSPORTATION CORRIDOR [Ul PUBLIC UTILI IES [CF) COMMU ITV FACILITIES COMMERC~L f •[RI REGIONAL COM ERCIAL ~-::[ (GC] GENERAL COMMERCIAL :: □[LI LOCAL SHOPPING CENTER ::_:. •(TRI TRAVEURECREATION COMMERCIAL :::::=_ff •[01 OFFICE & RELATED - COMMERCIAL •M VILLAGE RESIDENTIAL i .,, o [RL) LOW DE SITY (0-1.5 dulac} 'S [RLM) LOW.MEDIUM DENSITY 1 (0-4 du/ac) % [RMI MEDIUM DENSITY (4-8 du/ac)\ [RMHI MEDIUM-HIGH DENSITY $ (B-15 du/ac) [RHI HIGH DENSITY (15-23 dulac) • [R-30) RESlDEN TIAL 23-30 du/ac el PRIME ARTERIAL lu:I MAJOR ARTERIAL E3 SECONDARY ARTERIAL li3 COLLECTOR STREET EE RAILROAD !?Z! BEACH OVERLAY ZO E 8 COASTAL ZO E SPECIAL RESOURCE AREA AIRPORT INFLUE CE AREAS: >OOC REVIEW AREA 1 mn REVIEW AREA 2 The Open Space identified on this map is a CO/lllosite of three twes of open space which include: 1. Environ me ntaty ronstrained lands (beaches. permanent bodies of water. ftoodways. slopes greater than 40%. weUaoos. riparian areas, and major ixiwer l11e easements). 2. Previously approved General Plan Open Space. Includes any minor adjusbnenls made as a result of Improved data. 3. Previou yfrecentty approved open space lands dedicated throu~ he approval or a rraster plan, specific plan. or dedicated on a final subdivision map. Depictions of constrained lands should not be Interpreted as representing precise boundaries because It is anticipated that hese will be adjusted as better information beromes available ll'V'ough more field work, environmental analysis, etc. The adjustment of oonstrained open space boundaries does r'()\ need to oomply with the boundary adjustment procedures of the Q)en Space and Conservation Element unless the oonstrained lands were approved as General Plan open space through a project specific General Plan ameoo menL GENERAL PLAN LAND USE MAP City of Carlsbad ~~ The data contained hereon Is based on Information available at this time and is subject to change. Information should be verified by City of Carlsbad Planning Department. l::Jpdated Ap1il li!81• A-2 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS AMENDMENT TO THE GENERAL PLAN LAND USE MAP Below is an enlargement of the portion of the General Plan Land Use Map of the City of Carlsbad, as amended by this Initiative, that relates to the property that is the subject of this Initiative (text to be added is underlined, deleted text is in strikethrough, and the property is located within the bold black oval on the map for ease ofreference): LEGEND •[El ELEMENTARY SCHOOL •[HJ HGHSCHOOL •[Hq CDNllNUATIONSCHOOL •IJ] JUNIOR HIGH SCHOOL •WJ PRIVAlE SCHOOL Cl[Pij PLANNED INDUSlRIAL DIG] GOVERNMENTAL FACILITIES 105] OPEN SPACE D[AH-SPI AGUA HEDIONDASOUlH SHORE SPECIFIC PLAN FOR 85o/o OPEN SPACE AND 15% REJAIL DIUA] UNPLANl'EDAREASI COMBIN-\TION DISTRICT •[TC] lR-\NSPORlATON CORRIDOR D[U] PUBLIC UllllllES DICF] COMMUNITY FAC1LlllES COMMERCIAL -[R] REGIONAL COMMERCIAL D (0CJ GENERAL COMMERCIAL D P..J LOCAL SHOPPING CENlER • [TR] TRAVEL!RECREATION COMMERCIAL • Pl OFFICE & RELAlED COMMERCIAL fl{] VILLAGE RESIDENTIAL D[RLJ LOW DE NSllY (0-1 .5 du/ac} DIRLM] LOW-MEDIUM DENSITY (0-4 du/ac) D[RM] MEDIUM DENSITY (4-,11 dU/ac) Cl[RMHJ MEDIUM-HIGH OENSllY (8-15 du/ac) D [RH] HIGH DENSITY (15-23 du/ac) •IR--30) RESIDENTIAL 23-30 du/ac The Open Space klentifiedo nthis map Is a composite of 1h ll!e types of open ~ace which Include: 1. Environmentally constrained lands (beaches, permanent bodies of water, lloodways, slopes glflaterthan 40%, wetlands, riparian areas, and major po'M!r Ille easements). ~ PRIME.ARTERllt.L ~ MAJORARTERIAL E3 SECONOA~ ARTERIAL li3 COLLECTORSTREET EBRAIL~D EZl BEACHCNERLAY ZONE ~~TALZONE. [E SPECIO.L RESOU~EAREA AIRPORT INFLl.f.NCEAREAS: >00( REVIE.W AREA 1 1,1,1,1,1, RE.VIE.WAREA2 2. Prevklusty a pp11Jved General Plan Open Space. Inell.des any m loo r adjustments made as a result of improved data. 3. Prevbusly'recently approved open spam lands de::l lcate::I 1hio ugh the approval of a mas:er plan, ~ecilie plan, or dedicate::! on a final su bdl\/ision map. Depictions of consrained lands slrlukl oot be interpreted as repll!senting p reci9! boundaries because K is anticipa~d that these wlN be adju!led as better inlorma1on beco rnesavaila ble through more liekl w:11t, environmental ana~is, etc. The a:ljustment of ro nstrained open space boundaries does not need to comp~ wtth the boundary adjilslment prooedures of the Open Space and ConseNatbn Element uniets 1he constrained lands'M! lli approved as General Plan open space through a project ~dfic General Plan ameooment The data contained hereon i& based on information available at this time and is subject to change. lnforrution should be verified by City r1 CArlsbad Planning Department. A-3 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBITB TO THE INITIATIVE AMENDMENT TO TABLE 1: QUANTITATIVE BREAKDOWN OF EXISTING LAND USE MAP INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS AMENDMENT TO TABLE 1: QUANTITATIVE BREAKDOWN OF EXISTING LAND USE MAP Table 1: Quantitative Breakdown of Existing Land Use Map is amended by this Initiative as set forth below (the new text, on page B-2, is underlined for ease ofreference): P 1 f2 age 0 TABLE 1 QUANTITATIVE BREAKDOWN OF EXISTING LAND USE MAP TOTAL ACRES %OF TOTAL %OF LAND LAND USE (GROSS) (GROSS) USE(GROSS) RESIDENTIAL 14,194 57 Low Density 1,798 7 12 Low-Medium Density 8,382 34 59 Medium Density 2,681 11 19 Medium-High Density 1,096 4 8 High Density 237 1 2 NON-RESIDENTIAL 4,134 17 Intensive Regional Retail 119 0 3 Extensive Regional Retail 78 0 2 Regional Service 28 0 1 Community Commercial 222 1 5 Neighborhood Commercial 66 0 0 Travel Services 170 1 1 Central Business District 70 0 0 Recreational Commercial 142 1 1 Professional Office 221 1 1 Planned Industrial 2,169 9 14 Non-Residential Reserve 515 2 3 PI/RS/C/TS/U 87 0 1 PI/O 180 1 1 TS/C 67 0 0 MIXED USE 144 1 RM/O 62 0 43 RMH/TS 33 0 23 RH/O 2 0 1 RH/C/O 47 0 33 OTHER 6,316 25 Schools 513 2 8 Governmental 273 1 4 Designated Open Space 4,257 17 67 Public Utilities 158 1 3 Roads and Railroad 1,079 4 17 Public Rights-of-Way 36 0 1 TOTAL CITY AREA 24,788 100* Source: These numbers are based on information from 21 adopted Local Facilities Management Zone Plans and information from San Diego Association of Governments (SANDAG) for the four remaining zone plans. These figures are subject to revision upon amendment to these approved zone plans and/or approval of the remaining four zone plans. Numbers will be updated as the General Plan is updated. * Totals have been rounded off to the nearest whole number; zeros indicate areas ofless than an acre. TABLE 1 The above figures are from 1994. B-1 C - INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS AMENDMENT TO TABLE 1: QUANTITATIVE BREAKDOWN OF EXISTING LAND USE MAP P 2 f2 age 0 TABLE 1 QUANTITATIVE BREAKDOWN OF EXISTING LAND USE MAP TOTAL ACRES %OF TOTAL %OF LAND LAND USE (GROSS) (GROSS) USE(GROSS) RESIDENTIAL 14,194 57 Low Density 1,798 7 12 Low-Medium Density 8,382 34 59 Medium Density 2,681 11 19 Medium-High Density 1,096 4 8 High Density 237 1 2 NON-RESIDENTIAL 4,134 17 Regional Commercial 224 1 5 Community Commercial 304 1 7 Neighborhood Commercial 66 0 2 Village 70 0 2 Tourist-Recreation/Commercial ± 313 1 8 Professional Office 221 1 5 Planned Industrial 2,174 9 53 Unplanned Areas 515 2 12 PI/O 180 1 4 T-RIC 67 0 2 MIXED USE 144 1 RM/O 62 0 43 RMH/T-R 33 0 23 RH/O2 2 0 1 RH/C/O 47 0 33 OTIIER 6,316 25 Schools 513 2 8 Governmental 273 1 4 Designated Open Space 4,257 17 67 Public Utilities 158 1 3 Roads and Railroad 1,079 4 17 Public Rights-of-Way 36 0 1 TOTAL CITY AREA 24,788 100* Source: These numbers are based on information from 21 adopted Local Facilities Management Zone Plans and information from San Diego Association of Governments (SAND AG) for the four remaining zone plans. These figures are subject to revision upon amendment to these approved zone plans and/or approval of the remaining four zone plans. Numbers will be updated as the General Plan is updated. * Totals have been rounded off to the nearest whole number; zeros indicate areas of less than an acre. TABLE 1 The above figures are from 1994. + Note: Adoption of the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) removed approximately 21.6 acres from the commercial uses permitted in the "Tourist-Recreation/Commercial" designation, and re-designated them for open space and agricultural support uses. The land uses in the AH-SP designation are reflected in Chapter 3 of the AH-SP Specific Plan. B-2 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT C TO THE INITIATIVE AMENDMENT TO TABLE 3: GUIDELINES FOR COMMERCIAL LAND USES INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS AMENDMENT TO TABLE 3: GUIDELINES FOR COMMERCIAL LAND USES Table 3: Guidelines for Commercial Land Uses is amended by this Initiative as set forth below (the new text is underlined for ease of reference): Table 3: GUIDELINES FOR COMMERCIAL LAND USES.!. Typical Local Shopping General Regional Shopping Commercial Land Use Center Commercial Center Characteristics Required of All Possible Option, Local Shopping Depending on Site and Centers Soecial Annrovals Trade Area Focus Local daily goods Local, plus goods and General, local or Regional and services services provided by community-serving community-serving goods and services tenants Anchor Tenants Supermarket, drug Community-serving General, community-Full-line department (examples) store tenants, such as value selVing commercial stores (2 or more}, department store, uses, such as factory outlet center, chain apparel store, wholesale products, "power center" of volume specialty store, department stores, several high-volume home improvement home improvement specialty stores. center, multiplex stores, professional cinema offices, motels/hotels, entertainment uses, and the provision of a broad range of retail goods and services. May be a stand-alone commercial use or a shopping center. Secondary Tenants Restaurant, bank, Apparel, specialty Full range of specialty (examples) real estate, retail, restaurant, retail, restaurants, or personal grooming, specialty automotive, entertainment small retail, fast sporting goods food, gas station, cleaners, video rental Site Size (acres) 8-20 To30 • Varies 30-100 Gross Lease Area 60,000-150,000 Up to 400,000 (sq. ft.) Varies 300,000 to 1.5 million tsa. ft.} (SQ. ft,} Primary Trade Area 5 -10 minutes 10 -20 minutes 5 -20 minutes 20 -30 minutes Drive Time at Buildout Primary Trade Area 1.5 miles 3-5miles 3to5 miles 8-12mlles Radius Primary Trade Area 10,000-40,000 40,000 -150,000 Up to 150,000 150,000+ people Population people people * Note: The commercial land use guidelines in the AH-SP designation are described in Chapter 3 of the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail ("AH-SP Specific Plan), are applicable only in the AH-SP Specific Plan area, and are not included in the Guidelines shown in Table 3. C-1 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBITD TO THE INITIATIVE AMENDMENT TO TABLE 1: REGULATORY OPEN SPACE PROTECTION AMENDMENT TO TABLE 1: REGULATORY OPEN SPACE PROTECTION Table 1: Regulatory Open Space Protection is amended by this Initiative as set forth below (the new text on page D-1, is underlined for ease of reference): TABLE 1: REGULATORY OPE SPACEPROTECTlO ~ OPEN SPACE TYPE NEPA Endangered Atmy Spec Acts Corps Permits l. Open Space for Preseivati on of a.tural Resources 1 . bi I lb. Nature PreS<'rves le. Water Features ld. Beacbcs/'Bluffs/Bnn k Canyons/B.iU sides If. Wetlands lg. Riparian Afeas 2. or,en Space for Managed Producli on of Resources 2a. J"omtry/Agriculture/Aquacul!ure 2b. Water Management 2c. Ccmrnercial Fisheries 2d Mineral Resources 3. Or.en Space for Outdoor Recreation (Programmed and Unprogrammed) 3a. School Groun 3b. Public Parks/Recreation Areas 3c. Grewways 3d. 'I.tails 3e. Campgrounds 31 Golf Couraes 3g. Private Recreation Areas 3h. Equestrian Facilities Protection Provided CEQA CA Fish/Game 1601/1603 State Lands Commission State Recreation L.C.P. Municipal Growth Land Code Mangon Trusts "'Note: 111e Agua Hcdionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) is subject to environmental regulation as reflected in the Specific Plan. D-1 OPE SPACE TYPE NEPA Endangered Spec Ad 4. Open Space for Aesthetic Cultural and Ewcational Purposes 4a. Sceni 4b. Land ntries 4c. Greenbelt 4d. Gate\ ay 4 e. Museum Arboreta/Zoologic!Botanical 5. Open Space for Public Health and Safety 5a. Hazardous Areas 5b. Fire Risk 5c. Water Protection 5d. Air Quality Se. Wave Ero ·on TABLE 1: REGULATORY OPEN SPACE PROTECTION nny Corp Permit CEQA D-2 CA Fi Game 1601/1603 State Lands Commission Stale Recreation L.C.P. Municipal Code Gro, th Mangm1 Land Trust INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT E TO THE INITIATIVE AMENDMENT TO TABLE 2: EXISTING AND CONSTRAINED OPEN SPACE ACERAGES INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS AMENDMENT TO TABLE 2: EXISTING AND CONSTRAINED OPEN SPACE ACERAGES Table 2: Existing and Constrained Open Space Acreages is amended by this Initiative as set forth below (the new text is underlined for ease ofreference): 1 2 3 .! TABLE 2: EXISTING AND CONSTRAINED OPEN SPACE ACREAGES3 TOTAL CONSTRAINED EXISTING/ &EXISTING/ APPROVED CONSTRAINED APPROVED ZONE OPEN SPACES OPENSPACE1 OPENSPACE2 1 820.67 18.16 838.83 2 111.10 14.00 125.10 3 71.20 0.72 71.92 4 52.30 1.24 53.54 5 223.50 47.19 270.69 6 405.00 44.46 449.46 7 329.10 5.34 334.44 8 560.00 8.54 568.54 9 202.80 0.00 202.80 10 244.10 78.00 322.10 11 423.60 67.64 491.24 12 207.80 3.56 211.36 1:ii 238.40 7.29 245.69 14 356.40 56.19 412.59 15 256.10 110.62 366.72 16 121.70 15.65 137.35 17 2.10 34.26 36.36 18 250.00 0.00 250.00 19 816.85 12.45 829.30 20 159.30 15.00 174.30 21 20.40 11.56 31.96 22 94.30 0.47 94.77 23 0.00 102.08 102.08 24 48.60 4.45 53.05 25 33.70 97.31 131.01 TOTAL 6,049.02 756.18 6,805.20 The acreages of the Constrained Open Space column reflect only the environmentally constrained land acreages not previously included as part of an approved project, and do not include other constrained elements such as railroad track beds and major powerllne easements. Constrained land acreages that were approved as part of a project are Included In the Existing/Approved Open Space column. The Open Space acreages of this table may differ from acreages delineated In the General Plan Land Use Element. The acreages of this table are derived from the best sources available. The acreages estimated in this table are for use in developing plan implementation programs only. Actual acreages shall be determined by detailed environmental and project review, The acreages in this table are not be used to establish "minimum" constrained land acreages for any zone . The Agua Hedtonda south Shore Specific Plan for 85% Open Space and 15% Retail <AH-Sf) designation Is within Zone 13. The AH-SP designation Includes 176. 7 acres of open space and agricultural and agricultural support uses, Including 21.6 acres rormeriv deslenated ror commercial uses, The Spedflc Plan contains open space designations applicable only in the Specific Plan area. as follows: Habitat Management Plan Open Space lHMP-OS) 75.8 acres Passive Open Space {P-OS) 39.4 acres Exclusive Agricultural Open Space (EAG-OS) 45.6 acres Agricultural SupporVOpen Space (AGS-OS) 15.9 acres E-1 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT F TO THE INITIATIVE AMENDMENT TO TABLE 3: FUTURE OPEN SPACE ACTION PRIORITIES AME DME T TO TABLE 3: F TURE OPE SP CE ACTIO PRIORITIE z '""" Table 3: Future Open pace Action Prioritie amended by thi Initiative a set forth below (the new text, on pa ges F-1 and TABLE 3: FU1UR.E OPEN SPACE ACTION PRJOIUTIES -2, is underlined for ea e of refer nc ): ~ > I . 011"1' Space for Pracrv.11lon of Ns1u11I ncsouras lo. l'lanl/Mlmal IJk/ll~hh>1 I b. Notun, Pnscrvel le. wu,er fr.111we11 I '?.t;"'":.-t:1 !,'".:;":/,'.~~ 4 2 s 4 s 6 7 a 9 10 II IZ • n-14 15 16 CD DD DCCC C 0 ¥'~0 C o t~~D Id. llcachcs/lllulll/llanks ~: 0 D D :~j 0 0 C C ~ l~) 0 D D ~~ C D D PaaeloC2 17 • .1, 19 20 21 22 23 24 25 C D D C D C C D C D C C C C C C D D 1----1e_._ean_:.)-0_1111....;..11_111s_1c1c:s ______ -4;;,,l:,f::.a:Z=~·~':i;.." .. 1-c:....~.:.c-4....:.c-4.....;;c-4~.;;;·.~-;~~;.;;;-~~.:.-~-1-c~l-:....1-:....1-:....~~~::.::l:::l--.=...-1-.:...-1-~.J--=-..1!!2~ "' ¥.'+(\rl C C C f lllC~ C C C C l!L~r C ~ C 0 ~-~ C C If. Wt1lands s C C C C C C C C 4 C C C C C C 2. Open Sp.ice far MaM&cd Produe1ion of Resources 2a. Foresuy/A&riaahuraVAquo-s er~ D 0 D D D C D 8', cult11r11I ... t 2b. Wata ~1anasc:mm1 5 0 D C D D 0 D D 2c. Couunercbl 1-'lshmi:s 5 &:a~· D 0 D D D D D 2d, Mineral llesouras s ,ffii,t 0 D D D D C D Open $flkC for OU14oor ll«rt•lion (Pn>Jrammcd and Unpropmmod) 3a. School GIIIUNb • 'ff( ~; £ E £ E E C/E CIE E Top,Cil)'Wld,, Priari,y z Se:ond Citywkk Priari,y ! Third Chywlde Priori!)' 4 Founh lll)'wlde Priori!)' s ~ Clry,mle PrillriO' F-1 C C D D D 0 E C C C C C C C C 0 D D !.~ 0 D D D D D D D D D D 0 z.o,,., Prin,a'7 A.aloa Priori!)' Zone Secondary Action Prionry C Alludy Pnllectcd D IDW PrlorilJ or Ncx Appllcable C iir1j~ C D D C t;ii . D D D D E Pri«IIJ Mmlnimn:d 'lbro p Olhtr Prvp,,cnr C C D !~•.\ D D C C C D D D D D D 0 D D D I) C D D C .~v I) D D D D D D D D D D D D C D D D D -o· 1'.~- t E E E $\\'llh regard to land YR de,jgnatlon AH-SP, \hr 7,one n r rioritlet arr lmp!ement'Cd lhroueh lhe o'\iYI Hedlonda South Shorr Specific Planfor8S9f, Open Space and 152(, Retall that specifies open 1;pace prese(Ylltloo, maoairmeot. recreation. educgUon, and health and safety u well as fundJna for iml'JementaUon. ~ -< ~ ~ > en C: ~ ~ 0 = ti., en ~ i:,:, ~ ,-;i ,-;i 3. ◄. s. TABLE 3: FlITURE OPEN SPACE ACTION PRIORITIES Ciiywidc l.ocal f1cili11 Mam1g1:inen1 Zones Ciugory I 2 3 4 5 6 1 • Open SJgcr (oc 0.11.door R~llon (Proirrammel and Unprognmlllled} (Con'1) 3t. Campgn>unds s 0 D f3t" D 0 D 0 £ Jt Golr eou.-5 0 0 D D D C D D 31. Priva1e Recreldon Alas 3 0 0 D ~ CID CID CID D lh. Equestri11\ fadlirla 4 D D D D D D D D Op:n Si-e tor Aes1hcllc, Culnual and f.du,:,uional l'llfl'OMIS . . ll'!';<'~ me~ F,j,~ [ffl ~-Sctnic/CUlrun1Vf.duatio11 I C C Cit ii ~ , .• · ""'~" f>lldl.,., , S9 , ~I ◄b. Lllnd UR: Dulfcn/Enlrles 0 D C D C 0 C D 41:. Orcenbclt 4 D D D D D D D D -· 1, -t~ IR'f ' '411. C81CWB)'I ' ~ ' ' D C D D ' • ~-M11Seuml/Alboml/Zoologlc/8o11nl<:1I 3 D D D D D D D £ Open Si-e rw Public Hc:ahh and Safeiy Sa. llnanlou.s Area 5 0 C 0 C C C D D Sb. fin: Risk s 0 D D D D D . D D Sc. Waiu A-otcctlon s D D D D D it~ D D Sci. Air Qualliy s D D D D D D D D Se. Blu rrs subject 10 W1-..e Eruslon 5 C D C D D D D D Top CityWide Prioriiy .2 ~nd Cirywide Priorii;y 3 Third Cil)'Wide Prioriry 4 fDllnh Cllywide Prioriry S lowen Citywide Prloriry 9 10 II 12 13~ 14 JS 16 17 -18 19 20 .21 22 2l 24 25 C D D D D D D D D D D D D C D D D ' D C 0 D 0 D C D 0 D C D D D D D D D D D D D D D 0 D D D D D D D 0 D D D ~~ D D D D D D D C D D D D 0 D - i"ifm Darr&~~ i·.~ ~-.., -: !·'™'' -. 1~~$-i~ ~ C C . ....... -~ \: , ~~-..... ';."Z J ' . t lii~r .·,.-D O O O ·-U SIS•w. ;. ' ,. ~ ~~~~--~ ~ D D C D D D D D ll'>ll<.'Jl .. , ~JI ·, =uno JI i J:li\!Pei!\l' ;fZ,~~ 0 D D D D D D C D 0 D D D D C C D C D D ~ D D D D C D D D D Zane Primuy Aaioo Priori!)' Zone Sealncbl)' Acllon Prioriry C Abody Protettell D Low Priority or Not Applicable D D D ffi'tt D D D C D D C D D D D D £ Priori!)' Adminis1m:d 1lm;1ugh 01/lu Prograll\S F-2 0 0 rflil'.~ ~~-tts• D D D D D 0 0 D D D D D D D C D D D D D if. --'' D D D 0 ,~,-~ . ' -D D 0 D D C D C C C D C D 0 C <" D D 0 D D 0 D 0 D D D D D D D D D D D D D D D D D D D D C D D D .-With regard to land use desi gnation AH-SP, the Zone 13 prioritie are Im plemented through the Agua Hediond South bore Specific Plan for 8596 Open pace and 1596 Retail that pecifies open space preservation. management, recreation. education. and health and safety as well a funding for implemenlation. -2 -~ > ~ ,, C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBITG TO THE INITIATIVE AMENDMENT TO THE OFFICIAL OPEN SPACE & CONSERVATION MAP lNITIA TIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS OFFICIAL OPEN SPACE & CONSERVATION MAP The Official Open Space & Conservation Map, as it exists in the General Plan of the City of Carslbad as of the filing date of this Initiative is shown below for informational purposes only: OFFICIAL OPEN SPACE & CONSERVATION MAP 1111111111 Existing / Approved Open -Constrained Description of constrained lands should not be Interpreted as representing precise boundaries because it is anticipated that there will be adjusted as better lnfonnatlon becomes available through more field work, environmental analysis, etc. The ad]ustment of oonstrained open space boundaries does not need to comply with the boundary adjustment procedures of the Open Space and Conservation Element unless the constrained lands were approved as General Plan open space through a project specific General Plan amendment. Date Last Updated September 2005 CITY OF CARLSBAD G-1 INITIATIVE MEASURE TO BE SUBMITTE D DIRECTLY TO T HE VOTERS AMENDMENT TO THE OFFICIAL OPEN SPACE & CONSE RVATION MAP The Official Open Space & Conservation Map of the City of Carlsbad is amended by this Initiative a shown below (text to be added is underlined, deleted text i in strikethrough and the property that is the subject of this Initiative is located within the bold red circle on the map for ease of reference): OFFICIAL OPEN SPACE & CONSERVATION MAP Agua Hedjonda South Shore Specific Plan for 85% Open Space and }5% Retail [1]1]1111] Existing/Approved Open Space ~ Constrained The open space land uses established io the AH-SP designation are reHected in Agua Hedionda South Shore spectfic Plan roe as% open Space and J 5% Retail Figure 3.0-1. Description of constrained lands should not be interpreted as representing precise boundaries because it is anticipated that there will be adjusted as better information becomes available through more field work, environmental analysis, etc. The adjustment of constrained open space boundaries does not need to comply with the boundary adjustment procedures of the Open Space and Conservation Element unless the constrained lands were approved as General Plan open space through a project specific General Plan amendment. Date laot Updated September 2005 and ypdated by the Aqua Hedjonda South Shore Specific Plan tor 85% Open Space and 15% Retail CITY OF CARLSBAD G-2 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBITH TO THE INITIATIVE AMENDMENT TO THE CONCEPTUAL OPEN SPACE & CONSERVATION MAP INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS CONCEPTUAL OPEN SPACE & CONSERVATION MAP The Conceptual Open Space & Conservation Map, as it exists in the General Plan of the City of Carslbad as of the filing date of this Initiative, is shown below for informational purposes only: CONCEPTUAL OPEN SPACE & CONSERVATION MAP []Ill Existing I Approved Open Constrained ••••••• Carlsbad Trail System 0esaiption of constrained lands should not be interpreted as representing precise boundaries because it is anticipated that there will be adjusted as better infonnation becomes available through more field work, environmental analysis, etc. The adjustment of constrained open space boundaries does not need to comply with the boundary adjustment procedures of the Open Space and Conservation Element unless the constrained lands were approved as General Plan open space through a project specific General Plan amendment. Dat.e Last Updated September 2005 CITY OF CARLSBAD H-1 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS AMENDMENT TO THE CONCEPTUAL OPEN SPACE & CONSERVATION MAP The Conceptual Open Space & Conservation Map of the City of Carlsbad is amended by this Injtiative a shown below (text to be added is underlined, deleted text is in strikethrough, and the property that i the subject of this Initiative is located within the bold red circle on the map for ease ofreference ): CONCEPTUAL OPEN SPACE & CONSERVATION MAP Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail IIIJll Existing/Approved Open Space ~ Constrained • • • • • • • Carlsbad Trail System The Conceptual Trail Plan in the AH-SP designation is reflected in Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail Figure 3.0-4, Description of constrained lands should not be interpreted as representing precise boundaries because ii is anticipated that there will be adjusted as better information becomes available through more field work, environmental analysis, etc. The adjustment of constrained open space boundaries does not need to comply with the boundary adjustment procedures of the Open Space and Conservation Elemenl unless the constrained lands were approved as General Plan open space through a project specific General Plan amendment. ea1e.,111t Updated September 2005 and updated by the Agua Hedjonda South Shore Specjfic Piao toe as% Open Space and 15% Retail CITY OF CARLSBAD H-2 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT I TO THE INITIATIVE AMENDMENT TO TABLE 2: FACILITIES STANDARDS - INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS AMENDMENT TO TABLE 2: FACILITIES STANDARDS Table 2: Facilities Standards is amended by this Initiative as set forth below (the new text is underlined for ease ofreference): TABLE 2: FACILITIES STANDARDS~ ·1 Increased from 2.0 to 2.5 ac/1,000 pop. on Sept. 3, 1985 ·2 Although no spec:lflc standard (e.g. ac/1,000 employees) has been adopted, a fee based upon square footage of Industrial floor area Is required. As of Nov. 24, 1987, the required fee was 40 cents/sq. ft. of Industrial floor area CLASSIFICATION SIZE/SIGNIFICANCE LEVEL OF ACCESS OWNERSHIP STANDARD SERVICE Special Resource 100 Aa-es + unique Citywide Vehicular Pubic 2.5 ac/1,000 Area character and/or use Bicycle population not found in Pedestrian Communitv Parks Community 20 to 50 acres as Community Vehicular Public 2.5 ac/1,000 guidelines* Bicycle (located population *1 *Where acquisition of adjacent to sufficient acreage is secondary arterial possible or greater) Pedestrian Special Use 1 to 5 acres Neighborhood and Vehicular Pubic, private and .5 ac/1,000 Community Bicycle quasi-public population Pedestrian Recreation facilities Negotiated with In proximity to Pedestrian PubHc/private No standard •2 for industrial areas developer business and Vehicular Industry Bicycle emolovees *3 Facility standards and uses in the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) designation are set forth in the Specific Plan. and are not included the Facilities Standards shown in Table 2. 1-1 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT J TO THE INITIATIVE AMENDMENT TO MAP 1: CITYWIDE PARKS AND RECREATION MAP INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS MAP 1: CITYWIDE PARKS AND RECREATION MAP Map 1: Citywide Parks and Recreation Map as it exists in the General Plan of the City of Cars]bad as of the filing date of this Initiative, is shown below for informational purposes only: • CITYWIDE PARKS AND RECREATION MAP • Community Park * Future Community Park • Special UseArea 0 Future Special Use Area A. Special Resource Area ■ Regional Open Space Park J-1 ·+· ' MAP1 INITIATIVE M AS RE TO BE SUBMITTED DIRECTLY TO THE OTER AMENDME T TO MAP 1: CITYWIDE PARKS AND RECREATION MAP Map I: Citywide Park and R creation Map of th ity of arl bad is amend d by this lnitiativ a h wn below (the prop r y that i the subject f thi Initiative i located within the bold red circl on the map and new te t i underlin d for ea e of r fer nee : • CITYWIDE PARKS AND RECREATION MAP * Community Park * Future Community Park • Special Use Area C' Future Special Use Area .6. Special Resource Area ■ Regional Open Space Park Agua Hedionda south Shore Specific Piao for as% Open Space and 15% Retail J-2 1. MAXTON IIRO'MI PARK Z. MAGEEPARK 3. HARDING CEHIBI. ♦• ROTARY PAAIC ~ Sl:NIOII CEl'IBI 0. NWQU,l,OfW,jfCCJMMUNTYPMK I. J£1'FERSON B.EM. SCHOOi. I, 8UEH,\ VISTA ELEM. SCH0a. 9, PIO "100 PAR< 10. 0o\K PARK 11. HOUDAY PARK 12. SWIM COMPI.EX I!. w.GNOI.IAEI.EM. SCHOOL 14-VALLE'/ JR. HIGH SCHOOi. 1 ~ atASE FlfLD MAP1 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBITK TO THE INITIATIVE AMENDMENT TO TABLE 5: USES IN RECREATION AREAS INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS AMENDMENT TO TABLE 5: USES IN RECREATION AREAS Table 5: Uses in Recreation Areas (page# 4) is amended by this Initiative as set forth below (the new text is underlined for ease of reference): TABLES USES IN RECREATION AREAS PAGE•4 I LEGEND I ClASSlFICATIONS CLASS USES COM = Community s C 0 0 p p p s T M G T R G 0 0 N p F T HS SUA = Special lse Area I L w p A I L w u u y E E R N F 0 0 I R 0 H SRA = Special F..esource z A N E s C A I R L M N s 0 F N w !:i ,., R u Area E s E N s N y M F T N N T u s E I-I SF + = Future De-velopment s R I I I M I A I p I s p RI LE F ++ = Future Acquisition I s E V C A I M s s R T I 0 fl s S L • = Existing Fac:illities F H C E p N u p I 0 M E T w B (: HE I I 0 A p G L u U C 0 E E E 0 0 B OWNERSHIP C p L A R A T R M 0 M E p RA E 0 C = City Owned A R E R p I p u s T A p T A SD = SchoolOisbid: T p E A A 0 0 R I R A. B I CR s A N 0 V B C Cl u ST = State I R A T 0 u s T N K R ON 0 C R p = Privately Owned 0 E u L s E s G l K AG L = Leased N s s E N I T E C R G N I FACILITY MENIJY R T 0 G N GP = Group Picnic Facility V s 0 G L = Lighled E M FUTURE-SUA 1 NW CIINNCN LAKE 6..87 SU\ C ♦ + + + + ► + IIIIINl.l'-"IBROWN 2 NW EXTEN310N 1.15 SUit. C + + + + 3 NW BUSINESS PARK 13 SUA C + + + + + + + + + REC. F,\CIUIY TOTAL RfflJRE SUA: 21.12 AC EJOSTING -SRA AGUA HEIMONDA 1 MW LAGOCN:.l 254.00 SR,\ p • • • + + + + ♦ + BUBU\"1STA. 2 NW LAGOCN 2112.00 SR,\ ST • • + + 8EACt£S C21-3 ACRE/ 3 NW EACHOUAD) 28.lO .... ST.IJ . . . ... ... ... ... VETER.tit MEUORIAL 4 NW f•7 ACtlEI EA. QW)} .a.OD SR,\ C • • + + + TOTAL EIIIT ~RA.: TOTAL NOH-CITY <MNED 25.51 (CUIO =DAO ACftES) (OlHER lEAlfD AREA 3.171 ~The (@Q(@itioo,1 U$1$ io the Agyf HediPDdi South Shore SP@Pifi9 Pl:10 for 95% ARID SPi9@ and 1§1 Bet,il C.AH· SP) dliiPDition '''' :l[f; §gt forth to th, SP@Pttio fliD K-1 us T ff s T s + + + + + ... ... + INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBITL TO THE INITIATIVE AMENDMENT TO THE LAND USE PLAN AREA MAP INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS LAND USE PLAN AREA MAP The Land Use Plan Area Map, as per the Agua Hediooda Land Use Plan as of the filing date of this [nitiative, is shown below for informational purposes only: 0 ('I .., .., ? EXHIBITB m STUDYAREA ....... PLANNING AREA , SOUTH IHOIIE AGIIICUL TUIIE AGUA HEDIONDA LCP L-1 f I e NOTTO SCALE INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS AMENDMENT TO THE LAND USE PLAN AREA MAP The Land Use Plan Area Map of the Agua Hedionda Land Use Plan is amended by this Initiative as shown below ( new text is underlined for ease ofreference): Study Area ...-Planning Area I I 0 Agya Hfdlgnda South Shor, Sptcffic Plan toe 8''/4 OQ90 SpfCt and 1 !1% B•IIH AGUA HEDIONDA LCP NOTTO SCALE L-2 -- INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBITM TO THE INITIATIVE AMENDMENT TO THE LAND USE PLAN MAP INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS LAND USE PLAN MAP The Land Use Plan Map, as per the Agua Hedionda Land Use Plan as of the filing date of this Initiative, is shown below for informational purposes only: EXHIBIT C LAND USE PLAN LOW t.EDIUM (0-4) MEDIUM ( .. ·10) MEOIUM-ttlGH (10-20) HIGH DENSITY (20-30) RECREATIONAL.COMMERCIAL RC TRAVEL SERVICES Ttl OPEN SPACES OS ··-. I r I I I ._ J UTILmEs u AGUA HEDIONDA LCP NOTTO SCALE M-1 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS AMENDMENT TO THE LAND USE PLAN MAP The Land Use Plan Map of the Agua Hedionda Land Use Plan is amended by this Initiative as shown below (the new text underlined for ease of reference): EXHIBIT C LAND USE PLAN LOW 1,£01UM (0-4) RLM MEDIUM (•1-10) RM MEDIUM-HIGH (10-20) ltMH HIGH DENSITY (20.J0) RH RECREATIONALCOMMERCIAL llC TRAVEL SERVICES TS HABIW MANAGEMENT PJ AN Of'F N $PACE llllf:m. PASSIVE 0PfN SPACE .t.::Clli EXCLUSIVE AGRICULTURAL OPEN SPACE ~ AGRICULTlJRAI,, SUPPORT OPEN SPACE ~ YISITOR;SEBYING Ca.4MERCIAL m, e I I I L 1 ' \ OPEN SPACES UTILITlES D9 u MY• t1tdl904• soup, Sbffl §Plcitc "'" was,. Qoon lSPACt and ts,. Bot■• AGUA HEDIONDA LCP N.OTTO SCAI..E M-2 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBITN TO THE INITIATIVE AMENDMENT TO THE BIKE ROUTE PLAN lNITLATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS BIKE ROUTE PLAN The Bike Route Plan, as per the Agua Hedionda Land Use Plan as of the filing date of this Initiative, is shown below for informational purposes only: EXHIBIT I BIKE ROUTE PLAN e!j! Study An■ ....... Planning Arn •••• Bit■ Path .... S■conduy Routes e AccH■ory F■cllltlH AGUA HEDIONDA LCP NOTTO SCALE N-1 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS AMENDMENT TO THE BIKE ROUTE PLAN The Bike Route Plan of the Agua Hedionda Land Use Plan is amended by this Initiative as shown below (the new text underlined for ease of reference): EXHIBIT I BIKE ROUTE PLAN e!,t StudyAna -Planning Ana ■--Bike Path ••" Secondary R.outas • AccasllOf)I FaclllUe.■ APUI tftdlondo Ibt Blkt Beute PYIC\lv In tbt AH::3P ICII " Sgulh $bm Sp,clflc mfltctad In SpecifJc Plan Figura 3,0-1, PJ101PrD:S% Open Spaceand 15% B•t,ail AGUA HEDIONDA LCP NOTTO SCALE N-2 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBITO TO THE INITIATIVE AMENDMENT TO THE PEDESTRIAN ACCESS PLAN INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS PEDESTRIAN ACCESS PLAN The Pedestrian Access Plan, as per the Agua Hedionda Land Use Plan as of the filing date of this Initiative, is shown below for informational purposes only: EXHIBIT J PEDESTRIAN ACCESS PLAN £m. Study Area ...... Planning Ania -P9destrlan Trait • . Accauory Fac:llitiu AGUA HEDIONDA LCP 0-1 , - I J I I \ NOTTO SCALE INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS AMENDMENT TO THE PEDESTRIAN ACCESS PLAN The Pedestrian Access Plan of the Agua Hedionda Land Use Plan is amended by this Initiative as shown below (the new text underlined for ease ofreference): EXHIBITJ PEDESTRIAN ACCESS PLAN E'iJ. Sl\ldy Ive• -Planning Ml --. PedHtrlltn Trail ' ~ Aqua HtstJgnd■ Ibl CqnCfASw•I In!H• PJ■n In lb• AH-SP IRI 3eutb SbRm !hJIGl{k; II (lftfdtd In SpfClflc Plan flan 3 H Plan tw on APsn So■st IQd 15'1ft Bm!I Q I I r- 1 1 \ • . Acc.Hory F.cllllln AGUA HEDIONDA LCP NOTTOSCALE 0-2 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT P TO THE INITIATIVE AMENDMENT TO THE ZONING MAP INJTIA TIVE MEASURE TO BE SUBMITTED DlRECTL Y TO THE VOTERS ZONING MAP The Zoning Map, as it exists in the Zoning Code of the City of Carslbad as of the filing date of this Initiative, is shown below for informational purposes only: ZONING MAP ... Legend Exel usive Agricultural CBI] One -Family Residential @] Two -Family Residential ~ Multiple -Family ResK:lentlal RO-M Residential Density -Multiple 1111 ResldenUal Mobile Home Pa ~ Residential Tourist 1111 Residential Waterway Residential Professional [}] Office [:=J Multiple DesgnaUons Local Shopping Center Ill General & Neighborhood Commercial 1111 Commercial Tourist 1111 Heavy Commercial 1111 lnduslrial Beach Overtay Zone ~ Special Flood Hazard Area ( A Special Use Permit is Required) @l Commercial Visitor Serving Overlay Zone ••'Scenic Preservation Overtay Zone -El Camino Real Corridor Open Space , , • Arterial Roadway o 3,400 6,800 1111 Transportation Corridor /'V Other Roadway Feet P-1 City of Carlsbad UPDATED FEBRUARY :zo1, C, 2014 Cily of Cartsbad G IS -f--21114 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS AMENDMENT TO THE ZONING MAP The Zoning Map of the City of Carlsbad is amended by thi s [nitiative as shown below (text to be added is underlined, deleted text is in strikethrough, and the property that is the subject of th is Initiative is located within the bold black oval on the map for ease of reference): ZONING MAP Legend Rural Residential Estate ~ One -Family Residential ~ Two -Family Residen~al ~ Multiple -Family Residential Residential Density -Multiple .. Residential Mobile Home Park (fil Residential Tourist .. Residential Waterway Residential Professional 1111 Commercial Tourist 1111 Heavy Commercial 1111 tndustrial P-M Planned Industrial ~ Public Utility Village Review Open Space 1111 Transportation Corridor Agua Hedlonda South Shore Specific Plan for as% Open Space and 15% Retail [J Beach Overlay Zone ~ Special Flood Hazard Area ( A Special Use Permit is Required) @3 Commercial Visitor Serving Overlay Zone ~•,Scenic Preserva~on Overlay Zone -El Camino Real Corridor , , • Arterial Roadway 0 3.400 6,800 rv other Roadway Feel P-2 City of Carlsbad INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS AMENDMENT TO THE ZONING MAP Below is an enlargement of the portion of the Zoning Map of the City of Carlsbad, as amended by this lnitiative, that relates to the property that is the ubject of this Initiative (text to be added i underlined and the property is located within the bold black oval on the map for ease ofreference): AMENDMENT JO THE ZONING MAP Legend [ill Local ShOpplng Center General & Nelghborhoo<I Commercial Rural Residential Estate I'll Commercial Tourist [filJ One-Family Residential 11D Heavy Commercial I R-2 I Two-Family Residential .. ln<tustrial I R-3 I Multiple-Family Residential Planned Industrial IRD-M! Residential Density -Multiple I P-U I PubHc UtlHty 11111 Resi<lenlial Mol>Ue Home Park Village Review I R-T i Resi<tenllal Tourist I P-C I Planned Community Ill Resk1en1ial Waterway (1:§J Limfted Control Open Space 1111 Transportation Corridor Agua H&dionda South Shore soecric Plan tor a&% Oo&n space and 15% Retail !::!.ME:Q§_ Habitat Management Plan Open space f:.00. eassn open Space ~ Exclusive Agricultural Qp;en Space ~ Agricultural s1,1oport Open Space ~ Visitor-Swing commercial P-3 [IJ Beach Overlay Zone ·~ Special Flood Hazar<l Area (.A Special Use Permi1 is Required) ~ Commercial Visitor Serving Overlay Zone "•' scenic Preservation Overlay Zone-El Csmino Real Corridor , , • Arterial Roadway ' Other Roadway C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBITQ TO THE INITIATIVE AGUA HEDIONDA SOUTH SHORE SPECIFIC PLAN FOR 85% OPEN SPACE AND 15% RETAIL C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS AGUA HEDIONDA SOUTH SHORE SPECIFIC PLAN FOR 85% OPEN SPACE AND 15% RETAIL Prepared for: City of Carlsbad Q-1 C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS TOC -TABLE OF CONTENTS TABLE OF CONTENTS CHAPTER PAGE NO. 1.0 INTRODUCTION ....................................................................................................... 1.0-l 1.1 Overview ........................................................................................................... 1.0-l 1.2 Location ............................................................................................................ 1.0-3 1.3 Authority ........................................................................................................... 1.0-4 1.4 Intent and Purpose of Specific Plan .................................................................. 1.0-4 1.5 Statement of the Relationship of the Specific Plan to the Coastal Act and the Agua Hedionda LUP, General Plan, and Municipal code .......................... 1.0-5 1.5.1 Specific Plan's Relationship to the Agua Hedionda 85/15 Specific Plan Initiative ........................................................................................ 1.0-5 1.5.2 Specific Plan's Relationship to the Coastal Act and the Agua Hedionda LUP (1982) ........................................................................... 1.0-6 1.5.3 Specific Plan's Relationship to the General Plan ................................. 1.0-9 1.5.4 Specific Plan's Relationship to the City Municipal Code .................. 1.0-12 1.5.5 Specific Plan's Relationship to the City's Fire and Building Codes .................................................................................... 1.0-12 1.5.6 Specific Plan's Relationship to the City's Grading Ordinance .......... 1.0-13 1.5.7 Specific Plan's Relationship to the City's Stormwater Management and Discharge Controls ................................................. 1.0-14 1.5.8 Specific Plan's Relationship to the City's Right-of-Way Permit Ordinance ................................................................................ 1.0-15 2.0 EXISTING SETTING ................................................................................................ 2.0-1 2.1 Site Conditions and Existing Land Use ............................................................ 2.0-1 2.2 Existing Access and Circulation ....................................................................... 2.0-2 2.2.1 Regional and Local Circulation ............................................................ 2.0-2 2.2.2 Transit and Pedestrian Circulation ........................................................ 2.0-3 2.3 Existing Physical Conditions ............................................................................ 2.0-3 2.3.1 Topography ........................................................................................... 2.0-3 2.3.2 Hydrology ............................................................................................. 2.0-3 2.3.3 Soils ....................................................................................................... 2.0-4 2.3.4 Sensitive Biological, Riparian, and Wetland Resources ....................... 2.0-4 2.4 Existing Constraints .......................................................................................... 2.0-5 2.4.1 SDG&E Easement and Covenant Agreement.. ..................................... 2.0-5 2.4.2 Hub Park Lease ..................................................................................... 2.0-5 2.4.3 Beach Access Lease .............................................................................. 2.0-6 Agua Hedionda 85/15 Specific Plan TOC-i Q-2 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS TOC -TABLE OF CONTENTS TABLE OF CONTENTS (CONTINUED) CHAPTER PAGE NO. 2.4.4 Coastal Commission Open Space Deed Restriction ............................. 2.0-6 2.4.5 Existing and Future SDG&E Utility Easements ................................... 2.0-7 2.4.6 Other Property ....................................................................................... 2.0-7 3.0 LAND USE .................................................................................................................. 3.0-1 3.1 Development Standards and Regulations ......................................................... 3.0-1 3.2 Land Use Plan ................................................................................................... 3.0-1 3.3 Land Use Designations ..................................................................................... 3.0-4 3.3.1 Habitat Management Plan Open Space (HMP-OS) .............................. 3.0-4 3.3.2 Passive Open Space (P-OS) .................................................................. 3.0-5 3.3.3 Exclusive Agricultural Open Space (EAG-OS) .................................... 3.0-5 3.3.4 Bike Route Overlay ............................................................................... 3.0-6 3.3.5 Agricultural Support Open Space (AGS-OS) ....................................... 3.0-7 3.3.6 Visitor-Serving Commercial (VSC) ..................................................... 3.0-7 3.4 Permitted Land Uses Summary by Designation ............................................. 3.0-11 3.5 Development Standards .................................................................................. 3.0-14 3.5.1 Habitat Management Plan Open Space (HMP-OS) Development Standards ...................................................................... 3.0-14 3.5.2 Passive Open Space (P-OS) Development Standards ......................... 3.0-17 3.5.3 Exclusive Agricultural Open Space (EAG-OS) Development Standards ..................................................................... 3.0-22 3.5.4 Agricultural Support Open Space (A GS-OS) ..................................... 3.0-27 3.5.5 Visitor-Serving Commercial (VSC) Development Standards ............ 3.0-31 4.0 DESIGN GUIDELINES ............................................................................................. 4.0-1 4.1 Purpose and Scope ............................................................................................ 4.0-1 4.2 Habitat Management Plan open Space (HMP-OS) Design Guidelines ............ 4.0-1 4.2.1 General Guidelines ................................................................................ 4.0-1 4.2.2 Fencing .................................................................................................. 4.0-l 4.2.3 Signage .................................................................................................. 4.0-2 4.3 Passive Open Space (P-OS) Design Guidelines ............................................... 4.0-3 4.3.1 General Guidelines ................................................................................ 4.0-3 4.3.2 Building/Parking/ Adjacent Use Orientation ......................................... 4.0-4 4.3.3 Pedestrian Areas and Linkages ............................................................. 4.0-4 4.3.4 Landscape Design ................................................................................. 4.0-5 4.3.5 Fencing .................................................................................................. 4.0-6 Agua Hedionda 85/15 Specific Plan TOC-ii Q-3 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS TOC -TABLE OF CONTENTS TABLE OF CONTENTS (CONTINUED) CHAPTER PAGE NO. 4.3.6 Signage .................................................................................................. 4.0-6 4.4 Exclusive Agriculture Open Space (EAG-OS) Design Guidelines ................. 4.0-7 4.4.1 General Guidelines ................................................................................ 4.0-7 4.4.2 Building/Parking/ Adjacent Use Orientation ......................................... 4.0-8 4.4.3 Pedestrian Areas and Linkages ............................................................. 4.0-8 4.4.4 Landscape Design ................................................................................. 4.0-9 4.4.5 Fencing .................................................................................................. 4.0-9 4.4.6 Lighting ................................................................................................. 4.0-9 4.4.7 Signage ................................................................................................ 4.0-10 4.5 Agricultural support open space (AGS-OS) ................................................... 4.0-10 4.5.1 General Guidelines .............................................................................. 4.0-10 4.5.2 Building/Parking/ Adjacent Use Orientation ....................................... 4.0-11 4.5.3 Pedestrian Areas and Linkages ........................................................... 4.0-11 4.5.4 Landscape Design ............................................................................... 4.0-12 4.5.5 Fencing ................................................................................................ 4.0-13 4.5.6 Lighting ............................................................................................... 4.0-14 4.5.7 Signage ................................................................................................ 4.0-14 4.6 Visitor-Serving Commercial (VSC) Design Guidelines ................................. 4.0-14 4.6.1 General Guidelines .............................................................................. 4.0-14 4.6.2 Building/Parking/ Adjacent Use Orientation ....................................... 4.0-17 4.6.3 Pedestrian Areas and Linkages .......................................................... .4.0-18 4.6.4 Landscape Design ............................................................................... 4.0-19 4.6.5 Fencing ................................................................................................ 4.0-20 4.6.6 Lighting ............................................................................................... 4.0-20 4.6.7 Signage ................................................................................................ 4.0-21 4.6.8 Trash Enclosures ................................................................................. 4.0-21 5.0 INFRASTRUCTURE, OPEN SPACE, AND AGRICULTURE ........................... 5.0-1 5.1 Mobility ............................................................................................................. 5.0-1 5 .1.1 Vehicular Access and Circulation ......................................................... 5. 0-1 5.1.2 Public Transportation ............................................................................ 5.0-2 5.1.3 Bicycle and Pedestrian Facilities .......................................................... 5.0-3 5.1.4 Trails ..................................................................................................... 5.0-4 5.2 Public Services and Facilities ........................................................................... 5.0-5 5.2.1 Police ..................................................................................................... 5.0-5 Agua Hedionda 85/15 Specific Plan TOC-iii Q-4 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS TOC -TABLE OF CONTENTS TABLE OF CONTENTS (CONTINUED) CHAPTER PAGE NO. 5.2.2 Fire ........................................................................................................ 5.0-5 5.2.3 Water ..................................................................................................... 5.0-5 5.2.4 Sewer ..................................................................................................... 5.0-6 5.2.5 Water Quality and Drainage ................................................................. 5.0-6 5.2.6 Solid Waste Disposal ............................................................................ 5.0-7 5.2.7 Energy ................................................................................................... 5.0-7 5.3 Open Space and Agriculture ............................................................................. 5.0-7 6.0 IMPLEMENTATION ................................................................................................ 6.0-1 6.1 Phasing .............................................................................................................. 6.0-1 6.2 Financing and Maintenance of Public Improvements ........................................ 6.0-2 6.2.1 Community Facilities District ............................................................... 6.0-4 6.2.2 Landowner Funding Agreement ........................................................... 6.0-4 6.2.3 Development Impact Fees ..................................................................... 6.0-4 6.2.4 Private Financing .................................................................................. 6.0-5 6.2.5 Endowment ........................................................................................... 6.0-5 6.3 Financing Plan .................................................................................................. 6.0-5 6.4 Specific Plan Procedures and Process ............................................................... 6.0-7 6.4.1 Intent and Purpose ................................................................................. 6.0-7 6.4.2 Application and Fees ............................................................................. 6.0-8 6.4.3 Plan Review Process ............................................................................. 6.0-9 6.4.4 Signage ................................................................................................ 6.0-11 6.4.5 Enforcement ........................................................................................ 6.0-12 6.5 Zoning Ordinance ........................................................................................... 6.0-12 6.6 Environment Code .......................................................................................... 6.0-12 6.7 Building Codes ................................................................................................ 6.0-13 6.8 Stormwater Management and Discharge Controls ......................................... 6.0-13 6.9 Grading Ordinance .......................................................................................... 6.0-14 6.10 City Public Right-of-Way Code ...................................................................... 6.0-15 6.11 Fire Code ......................................................................................................... 6.0-15 6.12 Coastal Act Administration ............................................................................. 6.0-16 6.13 Substantial Conformance ................................................................................ 6.0-16 6.13.1 Purpose ................................................................................................ 6.0-16 6.13.2 Substantial Conformance Criteria and Procedures ............................. 6.0-17 6.13.3 Specific Plan Amendments ................................................................. 6.0-18 Agua Hedionda 85/15 Specific Plan TOC-iv Q-5 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS TOC -TABLE OF CONTENTS TABLE OF CONTENTS (CONTINUED) CHAPTER PAGE NO. 6.14 General Plan Consistency ............................................................................... 6.0-19 6.15 Growth Management Program Consistency ................................................... 6.0-19 6.16 City Conditions and Environmental Protection Features ................................ 6.0-25 6.17 Other Implementation Provisions ................................................................... 6.0-26 6.17.1 Open Space and Agricultural Areas .................................................... 6.0-26 6.17 .2 Hub Park Lease ................................................................................... 6.0-27 6.17.3 Beach Access Lease ............................................................................ 6.0-28 6.17.4 "Not a Part" (NAP) Parcels ................................................................. 6.0-28 6.18 Other Local Approvals .................................................................................... 6.0-29 APPENDICES A General Plan Consistency B Environmental Protection Features C Legal Description FIGURES 1.0-1 Regional Map .............................................................................................................. 1.0-17 1.0-2 Aerial Map .................................................................................................................. 1.0-19 2.0-1 Existing General Plan Land Use Designations ............................................................. 2.0-9 2.0-2 Existing Zoning ........................................................................................................... 2.0-11 2.0-3 Site Constraints ........................................................................................................... 2.0-13 3.0-1 Conceptual Land Use Plan .......................................................................................... 3.0-49 3.0-2 Agua Hedionda LUP (1982) Exhibit C, Land Use Plan ............................................. 3.0-51 3.0-3 Maximum Building Heights and Bluff Setback. ......................................................... 3.0-53 3.0-4 Conceptual Trails and Circulation Plan ...................................................................... 3.0-55 5.0-1 Water System Plan ........................................................................................................ 5.0-9 5.0-2 Sewer System Plan ...................................................................................................... 5.0-11 5.0-3 Drainage Plan .............................................................................................................. 5.0-13 5.0-4 Conceptual Drainage Plan ........................................................................................... 5.0-15 Agua Hedionda 85/15 Specific Plan TOC-v Q-6 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS TOC -TABLE OF CONTENTS CHAPTER TABLES TABLE OF CONTENTS (CONTINUED) PAGE NO. 3.0-1 Specific Plan Land Use Distribution Table .................................................................. 3.0-1 3.0-2 Permitted Land Uses -HMP-OS .................................................................................. 3.0-4 3.0-3 Permitted Land Uses -P-OS ........................................................................................ 3.0-5 3.0-4 Permitted Land Uses -EAG-OS .................................................................................. 3.0-6 3.0-6 Permitted and Prohibited Land Uses -VSC ................................................................. 3.0-8 3.0-7 PermittedLandUses ................................................................................................... 3.0-11 3.0-8 Summary ofVSC Development Standards ................................................................. 3.0-31 3.0-9 Prohibited Signs Applicable to All Designations within Specific Plan ..................... 3.0-45 6.0-1 Improvements and Financing ........................................................................................ 6.0-6 6.0-2 Zone 13 Local Facility Management Plan Requirements ........................................... 6.0-20 Agua Hedionda 85/15 Specific Plan TOC-vi Q-7 C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 1.0 -INTRODUCTION 1.0 INTRODUCTION 1.1 OVERVIEW The Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (Agua Hedionda 85/ l 5 Specific Plan or Specific Plan) is composed of approximately 203 .4 acres between the south shore of the Agua Hedionda Lagoon and Cannon Road in the City of Carlsbad. The Specific Plan will permanently protect approximately 176.7 acres, more than 85% of the Specific Plan area, for open space and the continuation of strawberry farming and coastal agriculture. The Specific Plan's protection, conservation and enhancement of the open space and agricultural land will be achieved through the Specific Plan itself and in cooperation with the City of Carlsbad, one or more qualified environmentally focused non-profit entities, land conservancy organizations, land managers, public agencies, and qualified farming and agricultural interests. The intent is to permanently protect, conserve, restore, or enhance existing habitat, sensitive species, and riparian/wetland resources; and provide for the continuation of coastal agriculture and strawberry farming, consistent with the City's open space and agriculture heritage. Portions of the designated open space and agricultural land will become an integral part of the Specific Plan area, and low- impact public access will allow for passive recreation amenities, including miles of new nature trails and walkways, picnic and rest areas, lagoon vistas, an outdoor classroom, roadway, restroom facilities, parking, farm-to-table dining, farm stand, and an integrated resource and educational signage program for use by the entire Carlsbad community. The remaining approximately 26. 7 acres, or less than 15% of the Specific Plan area, will include a new pedestrian-oriented outdoor visitor-serving commercial, shopping, dining, and entertainment promenade (Outdoor Shopping, Dining, and Entertainment Promenade). The Outdoor Shopping, Dining, and Entertainment Promenade facilitates a high-quality, functionally integrated district that is distinctive, creates a sense of community, and contributes to Carlsbad's traditional "village" identity and beach community character, while prioritizing protection and conservation of open space lands, the continuation of strawberry farming and coastal agriculture, and the protection of the natural environment through the Specific Plan. The Specific Plan includes up to 585,000 square feet of new visitor-serving commercial, shopping, dining, entertainment, and recreational uses. The Specific Plan's vision is to provide permanent open space protection and conservation, combined with the highest environmental standards to support Carlsbad's open space and agricultural heritage, along with a modem, sustainable Outdoor Shopping, Dining, and Entertainment Promenade with an innovative building design that provides distinctive visitor- serving commercial, shopping, dining, entertainment, recreation, and environmental benefits for the entire Carlsbad community. Agua Hedionda 85/15 Specific Plan May 2015 1.0-1 Q-8 C - INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 1.0 -INTRODUCTION The Specific Plan's open space and agricultural areas are of paramount importance in the plan. The Specific Plan provisions permanently protect approximately 176.7 acres for open space and the continuation of strawberry farming and coastal agriculture. This protection is provided by requiring an easement granted to the City of Carlsbad, a qualified environmentally-focused non- profit organization, or public agency for open space and agricultural conservation purposes over approximately 155.1 acres of the Specific Plan area. The remaining approximately 21.6 acres will be subject to an easement or a deed restriction for open space and agricultural purposes -in addition to allowing supporting improvements and uses, including farm stand, farm-to-table dining, and parking. The Specific Plan provides Carlsbad residents and visitors low-impact public access to the open space lands by providing passive recreation amenities including miles of new nature trails and walkways, picnic and rest areas, lagoon vistas, an outdoor classroom, parking, and an integrated resource and educational signage program. Specifically, the Specific Plan requires that the open space portions of the approximately 155.1 acres be dedicated to one or more qualified environmentally-focused non-profit entities, land conservancy organizations, or public agencies; and that the agricultural portion be dedicated to one or more qualified environmentally-focused non-profit entities, land conservancy organizations, public agencies and/or qualified farming and agricultural interests. Further, the Specific Plan requires the protected habitat, public access, and agricultural areas within the dedicated open space conservation land to be managed, operated, and maintained in cooperation with one or more qualified environmentally-focused non-profit entities, land conservancy organizations, land managers, agencies, and farming and agricultural interests. The Specific Plan provides for the continuation and support of strawberry farming and coastal agriculture within the Specific Plan area and furnishes Carlsbad residents and visitors with a pedestrian-oriented visitor-serving Outdoor Shopping, Dining, and Entertainment Promenade on approximately 26.7 aces within the Specific Plan area for a high-quality, functionally integrated district designed to maintain a sense of community and contribute to Carlsbad's traditional "village" identity and beach community character. The Specific Plan also establishes revenue sources from the Specific Plan's visitor-serving commercial uses, and/or from private funding, to dedicate, improve, restore, operate, and maintain in perpetuity the dedicated open space areas at no tax burden to Carlsbad residents. The Specific Plan open space requirements, funding mechanisms, and other public infrastructure (as referenced in this Specific Plan) are triggered by the issuance of a building permit for the visitor- serving commercial component of the Specific Plan; and the visitor-serving commercial uses will Agua Hedionda 85/15 Specific Plan May 2015 1.0-2 Q-9 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 1.0 -INTRODUCTION not be issued certificates of occupancy, unless and until the Specific Plan open space requirements, funding mechanisms, and public infrastructure are satisfied. The Specific Plan is consistent with the Carlsbad General Plan (1994), the proposed Draft General Plan Update (2014), the Carlsbad Growth Management program, and the applicable Zone 13 Local Facilities Management Plan (Zone 13 LFMP (1995)). The Specific Plan must be implemented consistent with said plan and program requirements (see Specific Plan, Chapter 6.0, Implementation). The Specific Plan is subject to numerous design features, conditions, and environmental protection features (EPFs) identified and described in the Specific Plan, Chapter 6.0, Implementation, and Appendix B. These features include, among others, requirements related to the installation and/or funding of identified traffic improvements; the installation of public facilities, infrastructure, and services in compliance with Carlsbad's Growth Management program; restrictions upon development; conditions to ensure compliance with the Zone 13 LFMP (1995); and other environmental protections. 1.2 LOCATION The approximately 203.4 acre Specific Plan area is located in Carlsbad, in northwest San Diego County, California. The City occupies about 39 square miles of beaches, bluffs, lagoons, rolling hills, and other land along the northern coast of San Diego County, and is situated about 30 miles north of the San Diego metropolitan area (see Figure 1.0-1, Regional Map). In addition to the Pacific Ocean coastline along its western boundary, existing communities surrounding Carlsbad include the City of Oceanside to the north, the City of Encinitas to the south, and the Cities of Vista and San Marcos and unincorporated areas of San Diego County to the east. Three coastal lagoons help to define the City's environs. The Agua Hedionda Lagoon is centrally located in Carlsbad's coastal zone, and comprises water surface and additional upland marsh and wetland areas. Buena Vista Lagoon is along the City's northern edge, acting as a boundary between Carlsbad and Oceanside. The Batiquitos Lagoon is situated along the City's southern edge, defining the boundary between Carlsbad and Encinitas. The Agua Hedionda Lagoon is a significant water feature situated to the north of the Specific Plan area. The Specific Plan area, as of the date of this Specific Plan, is currently part of San Diego Gas & Electric's (SDG&E) Encina Power station land holdings, whose 400-foot exhaust stack and power plant and transmission facilities have been a City landmark near the edge of the ocean and Agua Hedionda Lagoon since the mid-1950s. The Specific Plan area is comprised of two Agua Hedionda 85/15 Specific Plan May 2015 1.0-3 Q-10 C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 1.0 -INTRODUCTION separate parcels, identified as San Diego County's Assessor's Parcel Number (APN) 211-010- 24-00, and the portion of APN 211-010-31-00 that is north of Cannon Road. The Specific Plan area is regionally accessed by Interstate 5 (I-5) and locally accessed by Cannon Road. The Specific Plan, Figure 1.0-2, Aerial Map, illustrates the plan vicinity and physical characteristics of the Specific Plan area. The Specific Plan, Appendix C, contains the legal description of the Specific Plan area. 1.3 AUTHORITY The Specific Plan is authorized by California Government Code sections 65450 through 65457. This law authorizes adoption of a specific plan for the systematic implementation of an area covered by a local general plan. 1.4 INTENT AND PURPOSE OF SPECIFIC PLAN The overall purpose of the Specific Plan is to facilitate the protection and conservation of open space and agriculture, and the development of visitor-serving commercial, shopping, dining, entertainment, and recreation uses consistent with the policies adopted in the: (a) Carlsbad General Plan (1994) and as amended (Carlsbad General Plan (1994)); (b) proposed Draft General Plan Update (2014); (c) Carlsbad Growth Management program, established in 1986 and as amended (Carlsbad Growth Management program); (d) Carlsbad Local Facilities Management Plan Zone 13, adopted in 1992 and as amended (Zone 13 LFMP (1995)); (e) California Coastal Act of 1976 and as amended (Coastal Act); and (f) Agua Hedionda Land Use Plan, adopted in 1982 and as amended (Agua Hedionda LUP (1982)).1 The Specific Plan property is uniquely situated to serve Carlsbad's agriculture, open space, and recreation needs, along with the visitor- serving commercial, shopping, dining, and entertainment needs of the entire Carlsbad community. The Specific Plan's Visitor-Serving Commercial (VSC) designation herein implements the Carlsbad General Plan (1994) Travel/Recreation (TR) commercial designation, and the Agua Hedionda LUP (1982) Travel Service (TS) commercial designation. As used herein, the Carlsbad General Plan (1994), Draft General Plan Update (2014), the Agua Hedionda LUP (1982), and the Carlsbad Growth Management program refer to those documents as they existed on the date of filing the Notice of Intent to circulate the Agua Hedionda 85/15 Specific Plan Initiative Specific Plan Initiative. The Specific Plan area is situated within the Agua Hedionda LUP (1982). The Agua Hedionda LUP (1982) has been adopted; however, the Agua Hedionda Local Coastal Plan (LCP) segment is a California Coastal Commission (Coastal Commission or Commission)-deferred certification area until an implementation plan for that segment is certified by the Commission. For that reason, the Commission maintains coastal development permit jurisdiction for the Agua Hedionda LCP segment. Agua Hedionda 85/15 Specific Plan May 2015 1.0-4 Q-11 C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 1.0 -INTRODUCTION The Specific Plan focuses on the unique needs of a specified area ( see Specific Plan, Appendix C [legal description]). To that end, the Specific Plan is intended to achieve the following purposes: • Ensure consistency with the Carlsbad General Plan (1994) by carrying out its applicable goals, policies, and requirements, in conjunction with the Agua Hedionda 85/15 Specific Plan Initiative (Specific Plan Initiative) (explained further below) and the General Plan Amendments that also ensure consistency. • Ensure compliance with the Carlsbad Growth Management program by implementing its applicable goals, policies, and requirements. • Enable compliance and consistency with all Coastal Resources Planning and Management Policies set forth in Chapter 3, Articles 1-6, of the Coastal Act. • Ensure compliance and consistency with the applicable policies and requirements of the Agua Hedionda LUP (1982), in conjunction with the Specific Plan Initiative, and the Agua Hedionda LUP (1982) amendments that also ensure consistency. The Specific Plan, a local regulatory document, will achieve the purposes set forth above, and serve as the zoning for the property and land uses within the boundary of the Specific Plan. 1.5 1.5.1 STATEMENT OF THE RELATIONSHIP OF THE SPECIFIC PLAN TO THE COASTAL ACT AND THE AGUA HEDIONDA LUP, GENERAL PLAN, AND MUNICIPAL CODE Specific Plan's Relationship to the Agua Hedionda 85/15 Specific Plan Initiative The Specific Plan area is well-suited for the permanent protection and conservation of open space and agricultural lands, in concert with a new pedestrian-oriented outdoor visitor-serving commercial, shopping, dining, and entertainment promenade. The Specific Plan area also is located near major transportation corridors and recreational and tourist-serving resort areas, beaches, and other Carlsbad entertainment/recreation venues. Consistent with these uses, the Specific Plan area is currently designated "Travel Recreation" (commercial) and "Open Space" in the Carlsbad General Plan (1994), and the Draft General Plan Update (2014) also is consistent with the adopted land use designations for the Specific Plan property area. To ensure overall consistency, the Specific Plan is accompanied by conforming amendments to the Carlsbad General Plan (1994), the Carlsbad Municipal Code, and the Agua Hedionda LUP Agua Hedionda 85/15 Specific Plan May 2015 1.0-5 Q-12 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 1.0-INTRODUCTION (1982), all of which are enacted by the "Agua Hedionda 85/15 Specific Plan Initiative" (Specific Plan Initiative). Specifically, the purpose of the "Agua Hedionda 85/15 Specific Plan Initiative" is to: (a) amend the Carlsbad General Plan (1994), the Carlsbad Municipal Code, and the Agua Hedionda LUP (1982); (b) adopt this Specific Plan; and (c) enact other measures necessary to establish and implement this Specific Plan for the benefit of the entire Carlsbad community. Since the initiative power was added to the California Constitution in 1911, the Legislature has given local governments the option to enact a qualified voter initiative immediately, without the need for an election and its attendant delay and cost; or to allow the initiative to be submitted to a vote at an election. The Carlsbad City Council, as the legislative body, will receive certification that the Specific Plan Initiative is qualified for City Council action. The Council will then have options to either adopt the Specific Plan Initiative, submit it to a vote at an election, or order a report that may examine the Specific Plan Initiative's effects on land use, infrastructure, and any other matters that the Council may request be included. Such a City Council ordered report is the exclusive means for assessing potential environmental effects of an initiative such as the Specific Plan Initiative. Once the report is received, the Council must either adopt the Specific Plan Initiative or order an election. 1.5.2 Specific Plan's Relationship to the Coastal Act and the Agua Hedionda LUP (1982) The property subject to the Specific Plan (sometimes referred to herein as the "Specific Plan area") is situated within the coastal zone.2 The Specific Plan is consistent with and implements the applicable Coastal Act and Agua Hedionda LUP (1982) policies and requirements for the conservation and development of the Specific Plan area (and as amended by the Specific Plan Initiative). As a result, the Specific Plan also will serve as an approved Land Use Plan (LUP) amendment to facilitate protection and conservation of designated open space, support ongoing use of agricultural resources, and enable and regulate development of the associated Outdoor Shopping, Dining, and Entertainment Promenade within the Specific Plan area. This Specific Plan, however, only amends the portions of the Agua Hedionda LUP (1982) that are specifically applicable to the Specific Plan area referenced therein. The portions of the Agua Hedionda LUP (1982) that are not amended herein or by the Specific Plan Initiative remain in full force and effect as to the Specific Plan area. In addition, all other policies, provisions, and requirements 2 The coastal zone is defined as the area between the seaward limits of the state's jurisdiction and generally 1,000 yards landward from the mean high-tide line of the sea. In Carlsbad, the coastal zone boundary generally encompasses the area east of the Pacific Ocean to El Camino Real. Agua Hedionda 85/15 Specific Plan May 2015 1.0-6 Q-13 C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 1,0 -INTRODUCTION contained in the Agua Hedionda LUP (1982) shall remain in full force and effect as they apply to other property not situated within the boundary of the Specific Plan area. The Coastal Act (Public Resources Code section 30000 et seq.) authorizes the State of California to regulate development within the coastal zone. The basic goals of the Coastal Act, pursuant to Public Resources Code section 30001.5, are: "(a) Protect, maintain, and, where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and artificial resources. (b) Assure orderly, balanced utilization and conservation of coastal zone resources taking into account the social and economic needs of the people of the state. ( c) Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resources conservation principles and constitutionally protected rights of private property owners. (d) Assure priority for coastal-dependent and coastal-related development over other development on the coast. ( e) Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the coastal zone." This Specific Plan implements these goals because it: (a) protects, restores, improves, and maintains approximately 176.7 acres of open space and agricultural lands within the Specific Plan area and includes facilities to support those uses such as parking, restrooms, farm stand, and farm-to-table dining; (b) accounts for the social and economic needs of the Carlsbad community by providing visitor-serving commercial and open space uses, and allowing for the continuation of coastal agriculture and strawberry farming; ( c) improves public access to the Agua Hedionda Lagoon by providing miles of new nature trails and walkways, picnic and rest areas, lagoon vistas, an outdoor classroom, parking, and an integrated resource and educational signage program; ( d) does not interfere with coastal-dependent uses; and ( e) provides a plan of coordinated development for mutually beneficial open space, agricultural, and visitor-serving commercial uses on the remaining approximately 26. 7 acres of the Specific Plan area. Chapter 3 of the Coastal Act sets forth the standards by which the adequacy of local coastal programs and the permissibility of proposed development are determined. These policies generally protect public coastal access, the marine environment, commercial fishing, recreational boating, environmentally sensitive habitat areas, prime agricultural land, and scenic and visual qualities of coastal areas by regulating the siting and design of coastal development. Agua Hedionda 85/15 Specific Plan May 2015 1.0-7 Q-14 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 1,0 -INTRODUCTION The Specific Plan implements the policies of the Agua Hedionda LUP (1982). The land use designation for the approximately 48 acres of property on the west side of the Specific Plan area (i.e., identified as 45 acres in the Agua Hedionda LUP (1982)) is "TS" (Travel Services). The Specific Plan's Visitor-Serving Commercial (VSC) designation herein implements the TS designation. The Agua Hedionda LUP (1982) land use designation for the remaining Specific Plan area is "OS" (Open Space). The Specific Plan's regulated agricultural and open space uses herein implement this LUP OS designation. To ensure consistency, the Specific Plan Initiative amends portions of the Agua Hedionda LUP (1982), including the TS designation. As a result, the Specific Plan shows that the former LUP TS designation has been changed to VSC, Exclusive Agricultural Open Space (EAG-OS), and Agricultural Support Open Space (AGS-OS). As stated in the Agua Hedionda LUP (1982), page 7, "[t]he Coastal Act articulates land use priorities for the coastal zone. Highest priority is placed on the preservation and protection of natural resources, including environmentally sensitive habitat areas, wetlands and agricultural lands. The following lists Land Use/Development priorities defined by the Coastal Act: • "Preservation of natural resources and environmentally sensitive areas; • Coastal dependent development (i.e., development requiring a site adjacent to the ocean to function); • Public recreational uses; • Visitor-serving commercial recreation; and • Private residential, industrial and commercial development. "3 The Specific Plan implements the above priorities by: (a) permanently protecting and conserving approximately 176.7 acres of open space, including Carlsbad's hardline preserve area within its Habitat Management Plan (HMP) and the Environmentally Sensitive Habitat Areas within the coastal zone, and the agricultural land; (b) providing approximately 26. 7 acres of visitor-serving commercial and recreation uses within the Specific Plan's VSC designation; and (c) permitting public recreation uses by providing miles of new nature trails and walkways, picnic and rest areas, lagoon vistas, an outdoor classroom, parking, and an integrated resource and educational s1gnage program. This Specific Plan does not allow for residential or industrial development; and, thus, this particular Coastal Act priority is not applicable to the Specific Plan. Agua Hedionda 85/15 Specific Plan May 2015 1.0-8 Q-15 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 1.0 -INTRODUCTION Policy 1. 10 of the Agua Hedionda LUP (1982) provides that the area designated "TS" shall be "subject to a future Specific Plan" for development of the subject property. This policy also provides that the conversion of the TS area to commercial development shall be subject to, and consistent with, the Coastal Act's agricultural conversion policies. The Specific Plan shall comply with the Coastal Act agricultural conversion policies. In addition, the Specific Plan Initiative amends portions of the Carlsbad Municipal Code relative to development of coastal agricultural land. The Specific Plan applicant will comply with the provisions of title 21, section 21.202.060, subdivision (D) [agricultural conversion mitigation fee and expenditure plan], but only if applicable and excepting those supplementary and additional provisions in title 21, Zoning. If the Specific Plan Initiative is approved, the Coastal Commission must still certify the Agua Hedionda LUP (1982) amendments (including the Specific Plan) before the local enactments (e.g., General Plan Amendments, Zone Change, Specific Plan) take effect under section 30514(a) of the Public Resources Code within the Coastal Act. 1.5.3 Specific Plan's Relationship to the General Plan The Carlsbad General Plan (1994) was last comprehensively updated in 1994, although individual elements have been amended at various times since then. The Carlsbad General Plan (1994) contains the seven required elements, as well as a Park and Recreation Element and an Arts Element. Goals, objectives, and implementing policies are provided in each element. The Carlsbad General Plan (1994) land use designations for the Specific Plan area, as shown on the General Plan Land Use Map, Exhibit A to the Specific Plan Initiative, are "Travel Recreation (TR)" and "Open Space (OS)." The TR commercial land use designation designates areas for visitor attractions and commercial uses that serve the travel and recreational needs of tourists, residents, as well as employees of business and industrial centers; and are generally located near major transportation corridors or recreation and resort areas. The OS designation is an open space designation. Upon approval of the Specific Plan Initiative, the Specific Plan area will have a General Plan designation of "SP," Specific Plan. The Specific Plan, Appendix A, General Plan Consistency Analysis, demonstrates, more specifically, how this Specific Plan designation is consistent with the adopted Carlsbad General Plan (1994). The Specific Plan's visitor-serving commercial area -i.e., the Outdoor Shopping, Dining, and Entertainment Promenade -is consistent with the Carlsbad General Plan (1994) TR land use designation. The rest of the Specific Plan area is designated open space and allows for the continuation of agriculture with the open space designations. This Specific Plan requires that permanent open space and agricultural easements -on approximately 155.1 acres (the portion of APN 211-010-31-00 that is north of Cannon Road) -be recorded in favor of the entities and Agua Hedionda 85/15 Specific Plan May 2015 1.0-9 Q-16 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 1.0 -INTRODUCTION agencies listed in Chapter 1.1, above. The open space and agricultural easements will limit allowable uses to agricultural, recreation trails, utility right-of-way,4 roadways, and other passive or low-impact open space, recreation uses, habitat conservation, and restoration. Since 2008, the City has been in the process of updating its adopted Carlsbad General Plan (1994) and Climate Action Plan, and a draft Environmental Impact Report (EIR) has been prepared. In response to comments, the City has revised portions of the draft EIR, and has issued a recirculated draft EIR, which was available for public comment through May 4, 2015, after which, the City will prepare written responses to comments for inclusion in a final EIR. The Draft General Plan Update (2014) public hearing process will be initiated, but only after the EIR is finalized. At this time (May 2015), the City has not publicly stated how long it will take to complete responses to comments, and has not scheduled any hearings. It is estimated that the City may complete its Draft General Plan Update (2014) process by the fall of 2015. The Draft General Plan Update (2014) substantially reinforces the adopted Carlsbad General Plan (1994) land use policies with regard to the Specific Plan area. While the Draft General Plan Update (2014) is not yet adopted by City Council, to provide information that may be useful to the City, its decision makers, and the public, this Specific Plan demonstrates that it is consistent with the adopted Carlsbad General Plan (1994) and the Draft General Plan Update (2014) goals and policies (see Specific Plan, Appendix A, General Plan Consistency Analysis). In addition, implementation of the Specific Plan is consistent with and implements the goals and policies contained in the adopted Carlsbad General Plan (1994) and the Draft General Plan Update (2014) by: 4 • Enhancing Carlsbad's character as a desirable beach and open space oriented community; • Encouraging agricultural uses within the Specific Plan area; • Creating a unique community-oriented open space, agriculture, recreation, and visitor-serving commercial, dining, and entertainment area along Cannon Road; • Cooperating with one or more qualified environmentally focused non-profit entities, land conservancy organizations, land managers, public agencies, and As described in Chapter 2.0, section 2.4.5, the Specific Plan area is subject to an existing SDG&E utility corridor preserving access required for the operation and maintenance of SDG&E's underground gas line and overhead electric transmission and distribution lines that traverse the Specific Plan area. Agua Hedionda 85/15 Specific Plan May 2015 1.0-10 Q-17 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 1.0 -INTRODUCTION farming and agricultural interests to ensure responsible conservation, management, operation, and maintenance of the designated open space/ agriculture areas; • Maintaining or enhancing the water quality associated with the Agua Hedionda Lagoon and its tributary drainages; • Ensuring that the scale and character of new development in the Outdoor Shopping, Dining, and Entertainment Promenade area is appropriate to the setting, intended use, and the natural terrain, open space, agriculture, and vistas of the Agua Hedionda Lagoon; • Enabling new development within the Outdoor Shopping, Dining, and Entertainment Promenade area to foster a sense of community by providing safe, pedestrian-oriented walkways and trails to destinations, gathering places, picnic areas, vistas, and visitor-serving commercial, dining, entertainment, and recreation amenities for a variety of Carlsbad residents and visitors; • Ensuring that the Carlsbad community will continue to enjoy high quality, unique shopping and dining experiences in walkable environments that provide community gathering spaces and opportunities for connectivity; • Inviting innovative, sustainable building designs that are energy efficient and water conserving; • Encouraging a multi-modal integrated system of pedestrian and bicycle trails in the Specific Plan area; • Contributing to an integrated transportation system and updated street and highway network; • Enhancing the quality of life by offering expanded visitor-serving commercial, dining, entertainment, and recreation opportunities, creating new jobs, and increasing the tax base while incorporating measures to avoid or minimize impacts to the natural environment; • Contributing to Carlsbad's economic vitality while protecting and conserving its open space, agriculture, and aesthetic resources; • Continuing efforts in Carlsbad to decrease use of energy and fossil fuel consumption in transportation, waste reduction and recycling, with efficient building design and use; • Ensuring energy efficiency and water conservation, including landscaping; Agua Hedionda 85/15 Specific Plan May 2015 Q-18 1.0-11 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 1.0 -INTRODUCTION • Promoting the maintenance of Specific Plan infrastructure, facilities, and services; • Requiring compliance and consistency with the Carlsbad General Plan (1994) and Carlsbad Growth Management program public facility performance standards to ensure that adequate public infrastructure, facilities, and services are provided prior to or concurrent with development; and • Coordinating future development with the Carlsbad Capital Improvement Program to ensure adequate funding for needed infrastructure, facilities, and services. Implementation of all development within the Specific Plan area shall be subject to the design features, conditions, and EPFs listed in Chapter 6.0, Implementation, and Appendix B of the Specific Plan. Because this Specific Plan is a local legislative regulatory document, the City retains the authority to enforce this Specific Plan, and the design features and the EPFs identified herein, in the same manner as any other local law in the City. 1.5.4 Specific Plan's Relationship to the City Municipal Code The Specific Plan is regulatory in nature, and the land use plan and designations, zonmg, development regulations, design guidelines, implementation program, conditions, and EPFs contained herein shall govern all uses within the Specific Plan area. Except as otherwise provided herein, this Specific Plan shall fully replace and supersede all those provisions of the Carlsbad Municipal Code and other applicable, adopted rules, regulations, or official policies of the City, as they may otherwise apply to all property and development within the Specific Plan area. Matters not specifically regulated or required by this Specific Plan shall be subject to the Carlsbad Municipal Code and other applicable, adopted rule, regulation, or official policy of the City, in addition to all applicable, adopted federal, state, and regional laws and regulations. References in this paragraph to the Carlsbad Municipal Code and other applicable and adopted rule, regulation or official policy of the City shall refer to the Carlsbad Municipal Code, as it existed on the date of filing the Notice of Intent to Circulate the Specific Plan Initiative. If any provision of this Specific Plan is inconsistent or conflicts with the requirements of the Carlsbad Municipal Code or other applicable, adopted rule, regulation, or official policy of the City, as they existed on the date of filing the Notice of Intent to Circulate the Specific Plan Initiative, or may thereafter be amended, the provisions of this Specific Plan shall take precedence, control, and govern in the Specific Plan area. Agua Hedionda 85/15 Specific Plan May 2015 1.0-12 Q-19 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 1.0 -INTRODUCTION The Specific Plan shall be exclusively implemented pursuant to the Specific Plan, Chapter 6.0, Implementation. 1.5.5 Specific Plan's Relationship to the City's Fire and Building Codes 1.5.5.1 Fire Protection The Carlsbad Municipal Code, title 17, Fire Protection, covers fire hazards, fire suppression, fire protection planning, and other fire-related conditions. The Fire Departments within the City also deliver fire and emergency medical services. The Specific Plan shall comply with the Carlsbad Municipal Code, title 17, Fire Protection, including the requirement for a Fire Protection Plan as described in the Specific Plan, Chapter 6.0, Implementation. If an application for development within the Specific Plan area is presented pursuant to the procedures established by Specific Plan, Chapter 6.0, and the development is consistent with the development standards, design guidelines, and plan review process set forth in this Specific Plan, and the applicable provisions of title 17, Fire Protection, then such application shall be granted in accordance with the exclusive provisions set forth in Chapter 6.4, Specific Plan Procedures and Process, of the Specific Plan. 1.5.5.2 Building Codes and Regulations The Carlsbad Municipal Code, title 18, Building Codes and Regulations, governs the City's issuance of building permits by its designated building official and associated mechanical, electrical, plumbing, and other regulations. This Specific Plan shall comply with the Carlsbad Municipal Code, title 18, Building Codes and Regulations, including the requirement for issuance of building permits as described in this Specific Plan, Chapter 6.0, Implementation. If a building permit is requested within the Specific Plan area and is consistent with the development standards, design guidelines, and plan review process set forth in the Specific Plan, and the applicable provisions of title 18, Building Codes and Regulations, then it shall be granted in accordance with the exclusive provisions set forth in Chapter 6.4, Specific Plan Procedures and Process, of the Specific Plan. 1.5.6 Specific Plan's Relationship to the City's Grading Ordinance The Carlsbad Municipal Code, title 15, Grading and Drainage (Grading Ordinance), establishes requirements for grading, including clearing and grubbing of vegetation, and provides for the issuance of ministerial permits and its enforcement. Agua Hedionda 85/15 Specific Plan May 2015 1.0-13 Q-20 - INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 1.0 -INTRODUCTION Except as provided herein, the Specific Plan shall comply with the Carlsbad Grading Ordinance. For purposes of this Specific Plan: • Notwithstanding anything to the contrary in the Carlsbad Municipal Code, title 15, the provisions in title 20, Subdivisions, shall not apply absent the need for a land division; and the provisions in title 21, Zoning, also shall not apply. • "Grading Permit" shall mean the document issued by the City engineer pursuant to title 15, section 15.16.110, after having conducted the plan review and sign-off on permit application(s) and plan submittal(s) demonstrating compliance with this Specific Plan, the ministerial landscape construction documents requirements of Chapter 4 of the City's landscape manual, and all applicable portions of title 15 of the Carlsbad Municipal Code. • All grading plans, specifications, and engineering reports required for grading permit submittal shall be prepared in accordance with the requirements set forth in title 15, section 15.16.067, except that such grading plans shall show in detail that it will conform to the provisions of the Specific Plan, the ministerial landscape construction documents requirements of Chapter 4 of the City's landscape manual, and all applicable portions of title 15 of the Carlsbad Municipal Code. • Grading permit issuance shall comply with title 15, section 15.16.110, except for completion of environmental documentation in accordance with chapter 19.04 of the Carlsbad Municipal Code. This exception applies because the Specific Plan, and the construction of improvements authorized herein, may be adopted directly or submitted for a vote at an election; and, as a result, such actions are exempt from the requirements of the California Environmental Quality Act (CEQA). 1.5.7 Specific Plan's Relationship to the City's Stormwater Management and Discharge Controls The Carlsbad Municipal Code, title 15, sections 15.12.010-15.12.190, governs stormwater management and discharge control. Except as provided herein, the Specific Plan shall comply with the Carlsbad Municipal Code, chapter 15.12. • The Specific Plan shall be exempt from chapter 15.12, section 15.12.080(1), except that as to Storm Water Management Plan (SWMP) requirements, the Specific Plan shall comply with all applicable best management practices and low impact development (LID) requirements of the Carlsbad Municipal Code Standard Urban Stormwater Management Plan (SUSMP) and City standards, including but not limited to the following: Agua Hedionda 85/15 Specific Plan May 2015 1.0-14 Q-21 - INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 1.5.8 1.0 -INTRODUCTION o All applications for construction within the Specific Plan area shall be accompanied by a SWMP prepared pursuant to the SUSMP. No building permit shall be issued unless the following requirements have been met: (a) the City engineer has signed off on the SWMP in accordance with the SUSMP; and (b) the Specific Plan complies with all best management practices specified in the SWMP as signed off. o No building permit shall be issued within the Specific Plan area without installation and maintenance of all applicable structural treatment control best management practices, as specified in the SWMP. To ensure maintenance, a permanent storm water quality best management practices maintenance agreement or an alternate maintenance mechanism shall be required and signed off by the City enforcement official. Specific Plan's Relationship to the City's Right-of-Way Permit Ordinance The Carlsbad Municipal Code, title 11, Public Property, covers improvement plans and ministerial permits for work or encroachment in defined public places ( e.g., public streets, highways, easements, rights-of-way). The Specific Plan shall comply with the applicable provisions of the Carlsbad Municipal Code, title 11, as described in Specific Plan Chapter 6.0, Implementation. If a right-of-way permit is requested within the Specific Plan area and consistent with the development standards, design guidelines, and plan review process set forth in the Specific Plan, and the applicable provisions of title 11, then it shall be granted in accordance with the exclusive provisions set forth in Chapter 6.4, Specific Plan Procedures and Process, of the Specific Plan. Agua Hedionda 85/15 Specific Plan May 2015 1.0-15 Q-22 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 1.0 -INTRODUCTION INTENTIONALLY LEFT BLANK Agua Hedionda 85/15 Specific Plan May 2015 1.0-16 Q-23 • ~ aJ .... z .... ...J > ...J .... < ~ ~ > 00 e ~ ..., 0 0:, ~ 00 ~ 0:, pa C i f I C ~ ,0 I N ..., .., ~ 0 C e a n ~ i::::, i::::, Specific ~ Plan ("'_) .., r ~ 0 4 8 .., 0 Miles 0 ..., !:I: ~ City Boundary -Interstate < 0 US Highway ...J County Line ~ ~ ~ State Route Lakes Figure 1.0-1 00 Regional Map INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 1.0 -INTRODUCTION INTENTIONALLY LEFT BLANK Agua Hedionda 85/15 Specific Plan 1.0-18 Q-25 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS >, ~ "O C: ::I 0 CD C: ct) a.. t:'. (J ct) .;= a.. ·u <( (l) 0 a. Cl) z D 0. <( z Q-26 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 1.0 -INTRODUCTION INTENTIONALLY LEFT BLANK Agua Hedionda 85/15 Specific Plan 1.0-20 Q-27 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 2.0 -EXISTING SETTING 2.0 EXISTING SETTING This chapter provides a brief overview of the existing setting of the Agua Hedionda 85/15 Specific Plan area, including the existing land use, circulation, physical conditions, and site constraints. 2.1 SITE CONDITIONS AND EXISTING LAND USE Existing Specific Plan site conditions comprise agriculture uses (active and fallow), wetlands/riparian, grassland, coastal sage scrub, chaparral, ornamental vegetation, and disturbed land. There are also existing drainages, which outlet to the Agua Hedionda Lagoon, farming paths and roads, and agricultural operations within the Specific Plan area. Existing and future San Diego Gas & Electric (SDG&E) easements allow an underground gas line and overhead electric transmission and distribution lines to traverse the southern portion of the Specific Plan area. In addition, the Specific Plan area is subject to various utility, access, and other easements, including a future easement for utilities and communications ( above and below ground) and associated facilities and infrastructure. Portions of the Specific Plan area are currently used for agricultural operations by a third-party, and portions immediately adjacent to the Agua Hedionda Lagoon are leased to the City for public access purposes. Another portion of the Specific Plan area is leased to the City for public park purposes, but there currently is no improved public access, park uses, or improvements within the leased City park area. The Specific Plan area is subject to an existing Open Space Deed Restriction, dated June 7, 2005, imposed by the Coastal Commission on the most northern portions of the Specific Plan area to the lagoon shoreline, which states that no development, as defined in section 30106 of the Coastal Act, shall occur on delineated wetland, riparian, upland native habitat areas, and steep slopes. The Open Space Deed Restriction permits maintenance of overhead and underground utility areas may occur within this restricted area. The Specific Plan's Conceptual Land Use Plan, Figure 3.0-1, depicts this deed-restricted open space. The Specific Plan area's General Plan (1994) land use designations, prior to amendment by the Specific Plan Initiative, were "Travel Recreation (TR)" and "Open Space (OS)" (see Specific Plan, Figure 2.0-1). As part of the Specific Plan Initiative, the Carlsbad General Plan (1994) has been amended to provide a Specific Plan, or AH-SP, land use designation for the subject Specific Plan area. Prior to adoption of the Specific Plan Initiative, the Specific Plan area zoning was Public Utility (P-U) and Open Space (OS) (see Specific Plan, Figure 2.0-2). As part of the Agua Hedionda 85/15 Specific Plan 2.0-1 Q-28 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 2.0 -EXISTING SETTING Specific Plan Initiative, the Carlsbad Municipal Code> title 21, Zoning, has been amended to rezone the Specific Plan property using the following zoning land use designations: General Plan Designation Zoning Designation Habitat Management Plan Open Space AH-SP HMP-OS Passive Open Space AH-SP P-OS Exclusive Agriculture Open Space AH-SP EAG-OS Agricultural Support Open Space AH-SP AGS-OS Visitor-Serving Commercial AH-SP VSC Land uses surrounding the Specific Plan area are the Interstate 5 (I-5) transportation coITidor to the west, Cannon Road to the south, the Agua Hedionda Lagoon to the north and northeast, and other largely undeveloped land to the east. Refer to the Specific Plan, Figure 2.0-4, Public Right-of-Way Lagoon View Corridors, for lagoon view corridors from the public right-of-way. The Pacific Ocean is further west of the Specific Plan area. LEGOLAND California resort (amusement park) and hotel, Sheraton Carlsbad Resort and Spa, and the Hilton Grand Vacations Club are further east and southeast of the Specific Plan area, and Car Country Carlsbad, Carlsbad Premium Outlets, and related retail and restaurants are further south. 2.2 2.2.1 EXISTING ACCESS AND CIRCULATION Regional and Local Circulation Regional access to the City, generally, and to the Specific Plan area, specifically is provided primarily by the 1-5 freeway via interchanges with Cannon Road and Palomar Airport Road. The local streets providing access through the City in the vicinity of the Specific Plan area include Cannon Road Paseo del orte, Car Country Drive, Annada Drive, Faraday A venue, El Camino Real, and Palomar Airport Road. Most of the City's street system contains vehicle lanes bicycle lanes and pedestrian walkways. Interstate 5 is a regional facility that provides access to the Specific Plan area via the Cannon Road interchange. I-5 is a north-south freeway that provides access through San Diego County and neighboring Orange County and Los Angeles County to the north. In Carlsbad, I-5 is generally an eight-lane freeway with interchanges at Las Flores Drive, Carlsbad Village Drive, Tamarack A venue, Cannon Road, Palomar Airport Road Poinsettia Lane, and La Costa A venue. The major roadway in and around the Specific Plan area is Cannon Road. Cannon Road is an east-west arterial roadway that bisects 1-5 in the immediate southern vicinity of the Specific Plan Agua Hedionda 85/15 Specific Plan 2.0-2 Q-29 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 2.0 -EXISTING SETTING area. Cannon Road is a four-lane arterial with bicycle lanes that begin at Carlsbad Boulevard to the west and terminates just east of College Boulevard. 2.2.2 Transit and Pedestrian Circulation Transit in the City includes bus service, Americans with Disabilities Act (ADA) paratransit service, the COASTER commuter rail, and Amtrak service rail. Specifically, the North County Transit District (NCTD) provides bus service to the Specific Plan area. The NCTD bus service is referred to as the BREEZE, which currently operates two bus routes that serve the Specific Plan area: • Route 444 provides service m the City via Cannon Road, Faraday Drive, College Boulevard, and Palomar Airport Road. It connects the Specific Plan area to the Carlsbad Poinsettia COASTER station. The closest stop to the Specific Plan area is at Cannon Road and Grand Pacific Drive. • Route 446 provides service from the Carlsbad Poinsettia COASTER station to the City's outlet stores, LEGOLAND, and the Gemological Institute of America via Avenida Encinas, Paseo Del Norte, and Armada Drive. The closest stop to the Specific Plan area is at Cannon Road and the I-5 ramps. Sidewalks and bike lanes are currently provided along Cannon Road on the south side of the Specific Plan area. 2.3 2.3.1 EXISTING PHYSICAL CONDITIONS Topography The City is located within the coastal portion of the Peninsular Ranges Geomorphic Province. Topographically, the Peninsular Ranges Province is comprised of generally parallel ranges of steep-sloping hills and mountains separated by alluvial valleys. The Specific Plan area consists of varied topography; but, most of the subject property is relatively flat and slopes gradually and then more steeply to the Agua Hedionda Lagoon. 2.3.2 Hydrology The San Diego region is divided into 11 hydrologic units (HUs) that flow from elevated regions in the east toward coastal lagoons, estuaries, or bays in the west. Each of the HU s feature similar hydrologic characteristics. The City is located within the Carlsbad HU. Agua Hedionda 85/15 Specific Plan 2.0-3 Q-30 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 2.0 -EXISTING SETTING The Specific Plan area is located within the Carlsbad HU, particularly in the Agua Hedionda Hydrologic Area (HA). The entire HU is a triangular area of approximately 210 square miles, extending from the headwaters above Lake Wohlford in the east to the Pacific Ocean in the west, and from Vista and Oceanside in the north to Solana Beach, Encinitas, and the community of Rancho Santa Fe to the south. The cities of Carlsbad, San Marcos, and Encinitas are entirely within this HU. Approximately 48 percent of the Carlsbad HU is urbanized. Numerous surface hydrologic features exist within the Carlsbad HU, including four unique coastal lagoons, three creeks, and two large water storage reservoirs. The HU contains four roughly parallel HAs: Buena Vista, Agua Hedionda, Batiquitos, and San Elijo. Two smaller HAs, the Loma Alta and the Canyon de las Encinas, are also within the Carlsbad HU. Additionally, the Buena Vista, Agua Hedionda, San Marcos, and Escondido creeks provide drainage to the Specific Plan area. The Specific Plan area is located adjacent to the Agua Hedionda Lagoon to the north and northeast. Agua Hedionda Lagoon is situated between Tamarack A venue and Cannon Road in the City, and is comprised of three interconnected lagoon sections that are divided by the 1-5 freeway and a railroad bridge. 2.3.3 Soils San Diego County is divided into three distinct geologic areas -the Coastal Plain region, Peninsular Ranges region, and Salton Trough region. The City is located within the coastal portion of the Peninsular Ranges Geomorphic Province, which is characterized by northwest- trending structural blocks and intervening fault zones. However, the Specific Plan area is not underlain by known active or potentially active faults. 2.3.4 Sensitive Biological, Riparian, and Wetland Resources The Specific Plan area is composed of agricultural land, along with disturbed land, vegetation communities, and land cover types including Diegan coastal sage scrub: coastal form; Diegan coastal sage scrub: baccharis-dominated; valley needlegrass grassland; coastal brackish marsh; mulefat scrub; southern coastal salt marsh; southern arroyo willow riparian forest; southern willow scrub; extensive agriculture: row crops; disturbed habitat; eucalyptus woodland; and ornamental plantings. There is moderate plant and wildlife diversity within the Specific Plan area, due to the diversity of habitat types, property size, and amount of undeveloped land. Three special-status plant species, none of which is covered under the Carlsbad Habitat Management Plan (HMP), were observed within the Specific Plan area: San Diego County viguiera (Viguiera laciniata), Leopold's rush (Juncus acutus ssp. leopoldii), and ashy spike-moss Agua Hedionda 85/15 Specific Plan 2.0-4 Q-31 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 2.0 -EXISTING SETTING (Selaginella cinerascens). A total of five special-status wildlife species were observed during focused surveys or other general wildlife surveys, including coastal California gnatcatcher (Polioptila californica californica), federally threatened and HMP covered; least Bell's vireo (Vireo bellii pusillus), federal and state endangered and HMP covered; northern harrier (Circus cyaneus), a California Species of Special Concern; white-tailed kite (Elanus leucurus), a California Fully Protected species; and loggerhead shrike (Lanius ludovicianus ), a California Species of Special Concern. 2.4 EXISTING CONSTRAINTS The Specific Plan area includes existing site constraints that will be addressed in the Specific Plan. This chapter summarizes the existing site constraints (see Specific Plan, Figure 2.0-3, Site Constraints). 2.4.1 SDG&E Easement and Covenant Agreement The Specific Plan area is subject to an "Easement and Covenant Agreement," dated May 20, 1999, executed by SDG&E. The use of SDG&E's easement property (see Specific Plan, Figure 2.0-3) is guided by the California Public Utilities Commission through its general orders, rules, and rulings. Potential uses within the easement include road crossings, both private and public, passive open space areas, agriculture uses, and parking lots. The Specific Plan does not conflict with the Easement and Covenant Agreement, nor will the Specific Plan grading plans violate SDG&E's existing or future easement. 2.4.2 Hub Park Lease A portion of the Specific Plan area is subject to the "Hub Park" lease. As a result of the original approvals for the Encina Power plant, including approval of Encina Specific Plan 144, SDG&E and the City entered into a lease in 1975, which allows the City to use approximately 91 acres of a portion of the Specific Plan area (see Figure 2.0-3), called "Hub Park," for community park and recreation purposes. A copy of the lease is attached for information purposes to the Specific Plan Initiative as Exhibit R. The Hub Park area is designated "Open Space" in the Agua Hedionda Land Use Plan (1982). See Figure 3.0-2, Agua Hedionda LUP Exhibit C, Land Use Plan. In addition, the existing Hub Park lease includes a list of potential park and recreation opportunities, some of which are included as allowed uses in designated open space within the Specific Plan area ( e.g., picnic areas, hiking trails). Agua Hedionda 85/15 Specific Plan 2.0-5 Q-32 C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 2.0 -EXISTING SETTING Since entering into the lease, the City has not implemented the park and recreation uses contemplated in the lease and existing agricultural uses continue within the Hub Park area. In 2014, the City adopted Ordinance No. CS-255 repealing the Encina Specific Plan 144, and the General Plan Update (2014) makes no reference to the Hub Park lease. By this Specific Plan, the Hub Park area will allow open space uses to protect in perpetuity sensitive habitat, special status species, riparian and wetland resources; and to facilitate the ongoing viability of strawberry farming and coastal agriculture. For further discussion, please refer to Chapter 6.0, Implementation, of the Specific Plan. 2.4.3 Beach Access Lease A portion of the Specific Plan area is subject to the "Beach Access" lease. In connection with approvals for the Encina Power plant, including approval of Encina Specific Plan 144, SDG&E and the City entered into another lease in 1975, titled the "Beach Access Lease," allowing SDG&E the right to the sole and exclusive use to the southerly shore of the Upper Agua Hedionda lagoon. A copy of the lease is attached for information purposes to the Specific Plan Initiative as Exhibit Q. The land subject to this lease is commonly known as the Upper Agua Hedionda lagoon shore and waters thereon. The Beach Access lease remains in effect, but the uses allowed were never acted upon. In addition, the Carlsbad Draft General Plan Update (2014) makes no reference to this lease. In addition, since entering into the lease, the California Public Utilities Commission has issued a decision authorizing the sale and option rights relative to the Specific Plan area; and, as a result, SDG&E does not use the Specific Plan area other than for operating and maintaining the underground gas line and overhead electric transmission and distribution lines located thereon. SDG&E will retain suitable easements to enable it to continue to operate and maintain its transmission and distribution lines. Adoption of this Specific Plan will not result in any impact to the land or waters encompassed within the Beach Access Lease, but rather allow the area to be limited to open space habitat conservation. For further discussion, please refer to Chapter 6.0, Implementation, of the Specific Plan. 2.4.4 Coastal Commission Open Space Deed Restriction The Specific Plan area is subject to an "Open Space Deed Restriction," dated June 2, 2005, and recorded June 7, 2005. The deed-restricted area was imposed by the Coastal Commission on the most northern portions of the Specific Plan area (see Specific Plan, Figure 2.0-3) to the lagoon shoreline, and states that no development, as defined in section 30106 of the Coastal Act, shall Agua Hedionda 85/15 Specific Plan 2.0-6 Q-33 - INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 2.0 -EXISTING SETTING occur on delineated wetland, riparian, upland native habitat areas, and steep slopes. The Open Space Deed Restriction permits maintenance of overhead and underground utilities within the restricted area. The Specific Plan does not conflict with the use restrictions in the Open Space Deed Restriction. 2.4.5 Existing and Future SDG&E Utility Easements The Specific Plan area is subject to existing and future SDG&E utility corridor easement (see Figure 2.0-3). This easement preserves access required for the operation and maintenance of SDG&E's underground gas line and overhead electric transmission and distribution lines that traverse the Specific Plan area. In addition, the Specific Plan accounts for a future reserved SDG&E utility easement along a portion of the Specific Plan area (Assessor's Parcel Number (APN) 211-010-24-00) (see Specific Plan, Figure 2.0-3). No part of the Specific Plan shall violate the terms of any existing or future SDG&E easements, including easement utilities and communications (above and below ground) and associated facilities and infrastructure. 2.4.6 Other Property As shown on Figure 3.0-1, Conceptual Land Use Plan, a portion of the Specific Plan area (i.e., the portion of APN 211-010-31-00 that is north of Cannon Road) adjoins two separate "not-a- part" parcels (NAP Parcels -APN 211-010-05-00 and APN 211-010-28-00). First, the Specific Plan area adjoins an NAP Parcel (APN 211-010-05-00) on four sides, situated toward the western part of the Specific Plan area (see Specific Plan, Figure 3.0-1). The NAP Parcel is benefitted by a recorded easement for ingress and egress for water pumping, storage, and distribution purposes. Implementation of the Specific Plan will not adversely impact this or any other recorded easement benefitting this NAP Parcel. Second, the Specific Plan area adjoins an NAP Parcel (APN 211-010-28-00) on its southeastern boundary (see Specific Plan, Figure 3.0-1). The northern boundary of this NAP Parcel abuts the southeasterly portion of the Specific Plan area. The southern boundary of this NAP Parcel is located along Cannon Road. Access, ingress, and egress to this NAP Parcel is provided by Cannon Road. Implementation of the Specific Plan area will not adversely impact this NAP Parcel. Agua Hedionda 85/15 Specific Plan 2.0-7 Q-34 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 2.0 -EXISTING SETTING INTENTIONALLY LEFT BLANK Agua Hedionda 85/15 Specific Plan 2.0-8 Q-35 D Specific Plan Boundary NAP Not A Part General Plan Land Use Designations [Pl Planned Industrial ... [OS] Open Space 1111 [TC] Transportation Corridor [U) Public Utilities 1111 [R] Regional Commercial 1111 [TR] Travel I Recreation Commercial 1111 [OJ Office and Related Commercial [RLM] Low-medium Density (0-4 Du / Ac) [RM] Medium Density (4-8 Du I Ac) RLM OS 1111 (RMH] Medium-high Density (8-15 Du I Ac) 1111 [RH) High Density (15-23 Du / Ac) Multiple Uses NOTE: Land use designation boundaries are not precise . Land Figure 2.0-1 City of Carlsbad General Plan (1994) se DesigoaCions, pdated April 2014 For Informational Purposes Only C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 2.0 -EXISTING SETTING INTENTIONALLY LEFT BLANK Agua Hedionda 85/15 Specific Plan 2.0-10 Q-37 0 I w 00 D Specific Plan Boundary NAP Not A Part Zoning ~ One -Family Residential Multiple -Family Residential 11111 Residential Density -Multiple Residential Tourist 11111 Residential Waterway 11111 General & Neighborhood Commercial 1111 Commercial Tourist Planned Industrial Public Utility Multiple Designations Planned Community Open Space Figure 2.0-2 it of arlsbad Zoning Map Designations, pdated May 2012 for Informational Purpose Onl -· INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 2.0 -EXISTING SETTING INTENTIONALLY LEFT BLANK Agua Hedionda 85/15 Specific Plan 2.0-12 Q-39 AGUA HEDIONDA LA GOON ----~ ~------ 8 0 500 D Specific Plan Boundary NAP Not A Part r-7 SDG&E Easement L_....J ~ HMP Hardline (Source: City of Carl sbad) \ \ •111•1111 Beach Access Lease Variable-width Easement from Water --California Coastal Commission Open Space Deed Restriction C:=J Future Potential SDG&E Utility Easement D HUB Park Lease Boundary ---- NOTE: I / _.,,/ -440' Wide SDG&E Overhead Electric Corridor per Record of Survey No.12462, December 1993. Figure 2.0-3 Site Constraints INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 2.0 -EXISTING SETTING INTENTIONALLY LEFT BLANK Agua Hedionda 85/15 Specific Plan 2.0-14 Q-41 INITIATNE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE 3.0 LAND USE 3.1 DEVELOPMENT STANDARDS AND REGULATIONS This chapter provides the standards and regulations for development in the Agua Hedionda 85/ 15 Specific Plan designation (AH-SP) which is applicable only to the property located within the Specific Plan area. No development shall occur within the AH-SP unless it is consistent with: (a) the AH-SP land use designation in the Carlsbad General Plan (1994), as shown and amended in the Specific Plan Initiative; (b) the zoning land use designations set forth in this Chapter 3.0, as shown and amended in the Specific Plan Initiative; and (c) the Agua Hedionda Land Use Plan (LUP) (1982) as shown and amended in the Specific Plan Initiative. 3.2 LAND USE PLAN The Specific Plan Conceptual Land Use Plan (Figure 3.0-1) and the Specific Plan Land Use Distribution Table (Table 3.0-1) provide the framework for protection conservation and development within the Specific Plan area. The Land Use Plan describes the Specific Plan s land use designation (AH-SP) and the zoning that exclusively govern the Specific Plan area. A land use overlay is included on the Conceptual Land Use Plan to identify an area in which special provisions apply in addition to those in the underlying designation. Table 3.0-1 Specific Plan Land Use Dis.tribution Table Land Use Designation Habitat Management Plan Open Space (HMP-OS) Passive Open Space (P-OS) Exclusive Agricultural Open Space (EAG-OS)1 Agricultural Support Open Space (AGS-OS)1 Visitor-Serving Commercial (VSC) Total Specific Plan Acreage2 Notes: Total agricultural land use designated area is 61.5 acres (EAG-OS and AGS-OS). Acreages are approximate and may not sum precisely due to rounding. Acreage 75.8 39.4 45.6 15.9 26.7 203.4 The central organizing feature of the Conceptual Land Use Plan is its division into five areas: (1) Habitat Management Plan Open Space (HMP-OS); (2) Passive Open Space (P-OS); (3) Exclusive Agriculture Open Space (EAG-OS) (4) Agricultural Support Open Space (AGS-OS); and (5) Visitor-Serving Commercial (VSC). These designations will allow for and facilitate the Agua Hedionda 85115 Specific Plan 3.0-1 Q-42 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE provision of habitat protection; low-cost public access to passive open space and recreation areas; the continuation of agricultural and coastal strawberry farming; and connections to unique, high-quality visitor-serving retail, shopping, dining, entertainment, and recreation opportunities. Although there is one distinct Specific Plan land use designation (AH-SP) and five different zoning classifications, they share common planning principles and characteristics: • Land uses are situated to accommodate and conserve significant environmental features and resources in a permanent open space easement. • Land use approach will protect and conserve natural resources, and serve to enhance the public access, open space, trails, views, and recreation opportunities throughout the Specific Plan area. • Agriculture uses are protected and given high priority, and facilitate agriculture- dependent commercial/open space opportunities. • The VSC uses connected to open space, community-oriented agriculture, and new passive (low-impact) recreation opportunities will enhance public opportunities for access and recreation in the coastal zone, and situate VSC uses near major transportation corridors and proximate to key visitor destinations, such as the beaches and Pacific Ocean, resorts and hotels, lagoons, LEGOLAND, and the Carlsbad Village. • The VSC designated land will be the source for the funding of the improvements, restoration, management, dedication, operation, and maintenance of designated open space (i.e., the portion of APN 211-010-31-00 that is north of Cannon Road). The Conceptual Land Use Plan is consistent with the land use designations in the Agua Hedionda LUP (1982). Specifically, the Specific Plan designates the visitor-serving Outdoor Shopping, Dining, and Entertainment Promenade as VSC, which is consistent with the "Travel Services" designation for a portion of the Specific Plan area under the Agua Hedionda LUP (1982). The Specific Plan's open space designations are consistent with the Agua Hedionda LUP (1982) Policy 1.1, which designates a portion of the Specific Plan area as "Open Space." The Specific Plan also is consistent with Agua Hedionda LUP (1982) Policies 2.1 through 2.3, because the conversion of agriculture to VSC uses on approximately 26. 7 acres within the Specific Plan area is less than the acreage allowed for such conversion under Policies 2.1 and 2.3 of the Agua Hedionda LUP ( 1982). These policies allow for the conversion of approximately 45 acres within the Specific Plan area. The Specific Plan is consistent because of the Specific Plan's designated open space areas (i.e., the portion of APN 211-010-31-00 that is north of Cannon Road). The Specific Plan conserves approximately 176.7 acres of the 203.4-acre Specific Plan Agua Hedionda 85/15 Specific Plan 3.0-2 Q-43 - INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0-LAND USE area in designated open space and agriculture areas to the south of the Agua Hedionda Lagoon while providing for approximately 26. 7 acres of VSC uses -less than the 45 acres contemplated for conversion under Policy 2.3 of the Agua Hedionda LUP (1982). Policy 2.3 of the Agua Hedionda LUP (1982) provides that conversion of the "45-acre SDG&E south shore property" is subject to the following four conditions: • "Prior to development SDG&E shall record a permanent open space easement over the remaining agricultural lands in favor of the City of Carlsbad. Said easement shall limit uses to agriculture, utility right-of-way and maintenance, roadways, and recreation trails that do not interfere with agricultural operations." o Recorded in the chain of title are both an "Easement and Covenant Agreement" and "Open Space Deed Restriction." • "SDG&E shall provide a written report demonstrating to the satisfaction of the City, that preservation of the site is not necessary to assure reasonable expansion opportunities for the Encina Power Plant in accordance with Coastal Act Section 30413(b), and that future expansion could reasonably be accommodated at the present power plant site. Said report shall be a requirement of a future specific development plan for the property." o The California Public Utilities Commission has issued a decision finding that SDG&E's sale of the subject property will not adversely impact the public interest because: (a) SDG&E does not use the property other than for operating and maintaining underground utilities and overhead transmission and distribution lines, and has retained suitable easements to enable it to continue such operations and maintenance, and (b) SDG&E's service to its customers will not be affected. • "Prior to issuance of a permit for development of the parcel, the owner shall make a portion of the site available for development as a public recreational use if the City finds that current or future recreational needs require the development of such uses in the south shore portion of the Land Use Plan area." o The Specific Plan will permanently protect and conserve approximately 176.7 acres, more than 85% of the Specific Plan area, for open space and the continuation of strawberry farming and coastal agriculture; and the Specific Plan's passive recreation activities will include trails, vista points, and picnic areas. • "In the event that the Carlsbad Local Coastal Plan is amended to allow for a City-sponsored agricultural program, SDG&E may apply for inclusion in the amended program." o The sale of the property within the Specific Plan area renders it unlikely SDG&E will apply for inclusion in any such future amended program. Agua Hedionda 85/15 Specific Plan 3.0-3 Q-44 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE In further compliance with Agua Hedionda LUP (1982) Policies 2.1 through 2.3, resource conservation and management of habitats and environmental resources will occur within the areas designated HMP-OS (approximately 75.8 acres) and P-OS (approximately 39.4 acres). In addition, the Specific Plan will conserve a total of 61.5 acres of available agriculture in areas designated EAG-OS (approximately 45.6 acres) and AGS-OS (approximately 15.9 acres). These areas will facilitate the protection and conservation of existing agricultural uses and allow for the restoration of fallow agricultural fields, contributing to the viability of local agriculture within the Specific Plan area. 3.3 LAND USE DESIGNATIONS This chapter provides a description of the designations delineated on the Conceptual Land Use Plan (Figure 3.0-1). Specific uses permitted in each land use designation are described below. In addition, the Specific Plan's development standards and associated regulations and requirements governing development within the Specific Plan area are set forth herein in Chapter 3.5, Development Standards. 3.3.1 Habitat Management Plan Open Space (HMP-OS) The HMP-OS designation applies to areas designated as existing hardline conservation areas in the City's Habitat Management Plan (November 2004). Except as provided herein, the HMP-OS designation is subject to Chapter 21.210 of the Carlsbad Municipal Code, Habitat Preservation and Management Requirements. These areas are also subject to an Open Space Deed Restriction imposed by the Coastal Commission on the most northern portions of the Specific Plan area to the lagoon shoreline, which states that no development, as defined in section 30106 of the Coastal Act, shall occur on delineated wetland, riparian, upland native habitat areas, and steep slopes. However, maintenance of overhead and underground utility areas may occur within this restricted area. Permitted Land Uses Only the uses listed in Table 3.0-2 shall be permitted in the HMP-OS designation subject to the requirements and development standards specified in this chapter. Table 3.0-2 Permitted Land Uses -HMP-OS Conservation and enhancement (protection of sensitive species, environmentally sensitive habitat areas, waters, wetlands, riparian, and water quality) Agua Hedionda 85/15 Specific Plan Q-45 3.0-4 - INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE 3.3.2 Passive Open Space (P-0S) The P-OS designation applies to areas with existing or potential for biological resources. This designation is intended to accommodate permanent natural open space, natural drainage and stream courses, habitat restoration or enhancement, trails, buffers, vista points, picnic areas, limited surface parking for public access and passive recreation uses only, ingress/egress roads with limited lighting, and low-impact recreation uses. Existing and future SDG&E easements allow an underground gas line and overhead electric transmission and distribution lines to traverse the southern portion of the Specific Plan area. In addition, the Specific Plan area is subject to various utility, access, and other easements, including a future easement for utilities and communications (above and below ground) and associated facilities and infrastructure. Maintenance of overhead and underground utility areas may occur within the P-OS designation. Permitted Land Uses Only the uses listed below in Table 3.0-3 shall be permitted in the P-OS designation subject to the requirements and development standards specified in this chapter. Table 3.0-3 Permitted Land Uses-P-OS Access roads, utilities and infrastructure (landscaping, lighting, and signage) Conservation and enhancement (protection of sensitive species, environmentally sensitive habitat areas, waters, wetlands, riparian, and water quality) Drinking fountains Infrastructure facilities including but not limited to those necessary for drainage and flood control, water recharge and percolation areas, retention or detention of flood waters, and other facilities necessary to provide water quality improvements and reduce water runoff pollutants; public communications; ingress/egress roads; lighting; and other facilities necessary to provide for public safety or health. Open air classroom/education Parking to support the uses within the P-OS area (i.e., limited surface parking for public access and passive recreation uses only) Public Access and passive recreation, including but not limited to vista points, picnic areas, shade structures, trailhead kiosks, wayfinding and educational signage, and benches/seated rest areas Picnic areas Restrooms Trails, excluding trails for motorized vehicles Trash receptacles Other accessory or related uses that support the permitted passive open space uses Other uses that are similar or support the permitted passive open space uses shown above Note: All of the above permitted uses are for the benefit of the public. Agua Hedionda 85/15 Specific Plan 3.0-5 Q-46 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE 3.3.3 Exclusive Agricultural Open Space (EAG-0S) The EAG-OS designation applies to areas that have existing or potential for agriculture resources. The EAG-OS designation is intended to accommodate agricultural production, sales, limited surface parking for agriculture uses and equipment, ingress/egress roads with limited lighting for the benefit of the Specific Plan area. Additionally, the Specific Plan allows classroom/education and interpretive programming related to the area's cultural and natural resources, trails, vista points, and picnic areas provided they do not interfere with the agricultural uses. Existing and future SDG&E easements allow an underground gas line and overhead electric transmission and distribution lines to traverse the southern portion of the Specific Plan area. In addition, the Specific Plan area is subject to various utility, access, and other easements, including a future easement for utilities and communications (above and below ground) and associated facilities and infrastructure. Maintenance of overhead and underground utility areas may occur within the EAG-OS designation. Permitted Land Uses Only the uses listed below in Table 3.0-4 shall be permitted in the EAG-OS designation subject to the requirements and development standards specified in this chapter. Table 3.0-4 Permitted Land Uses -EAG-OS Access roads, utilities, and infrastructure (landscaping, lighting, and signage) Agriculture: commercial row, field, tree, and nursery crops cultivation Agriculture: farm stands and strawberry fields Agriculture storage Bike Route1 Drinking fountains Greenhouses and Hoophouses Infrastructure facilities including but not limited to those necessary for drainage and flood control, water recharge and percolation areas, retention or detention of flood waters, and other facilities necessary to provide water quality improvements and reduce water runoff pollutants; public communications; ingress/egress roads; lighting; and other facilities necessary to provide for public safety or health. Open air classroom/education Parking to support the uses within the EAG-OS areas (i.e., limited surface parking for agriculture uses and equipment) Restrooms Trails, excluding trails for motorized vehicles (except those necessary to support the agricultural uses) Trash receptacles You-pick sales of agriculture/crops Other accessory or related uses that support or promote the continuation of agriculture use Other uses that are similar or support the permitted exclusive agricultural uses shown above Note: Agua Hedionda 85/15 Specific Plan 3.0-6 Q-47 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE These uses are only allowed within the Bike Route Overlay depicted in Figure 3.0-1. 3.3.4 Bike Route Overlay The Bike Route Overlay is depicted on Figure 3.0-1 and indicated in Table 3.0-4. A land use overlay is a regulatory tool that allows a use, placed over another land use designation, ensuring flexibility in siting uses within the Specific Plan area. This overlay designation also allows for the land use overlay to move within the underlying land use designation without requiring any revision or amendment to this Specific Plan. The Bike Route Overlay accommodates bicycle routes, which are otherwise not permitted in the EAG-OS designation. 3.3.5 Agricultural Support Open Space (AGS-OS) Only the uses listed below in Table 3.0-5 shall be permitted in the AGS-OS designation subject to the requirements and development standards specified in this chapter. This designation is intended to accommodate the continuation of coastal agriculture and strawberry farming in an open space setting, and accommodate an agricultural farm stand (approximately 2,200 square feet) and associated produce sales, farmers market, farm-to-table dining (approximately 6,500 square feet), "you-pick" opportunities and other accessory uses supporting the continuation of coastal agriculture and strawberry farming and its connection to the VSC and EAG-OS designations within the Specific Plan area. Existing and future SDG&E easements allow an underground gas line and overhead electric transmission and distribution lines to traverse the southern portion of the Specific Plan area. In addition, the Specific Plan area is subject to various utility, access, and other easements, including a future easement for utilities and communications (above and below ground) and associated facilities and infrastructure. Maintenance of overhead and underground utility areas may occur within the AGS-OS designation. Table 3.0-5 Permitted Land Uses -A GS-OS Access roads, utilities, and infrastructure (landscaping, lighting, and signage) Agriculture: commercial row crops, field crops, trees, orchard trees, and nursery crops cultivation Agriculture: farm stands and strawberry fields ATMs Bike Route Drinking fountains Farmers market Farm-to-table restaurant (with integrated liquor, beer, and wine components) and outdoor patios Landscaping Market/grocery, including fish markets, farmers markets, delicatessen, coffee shops Parkinq to support the uses within the AGS-0S areas (and no more than 2.5 acres for shared pavinq for uses within the VSC Agua Hedionda 85/15 Specific Plan 3.0-7 Q-48 ··"""' INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE area) Picnic areas Public access and passive recreation, including but not limited to vista points, picnic areas, shade structures, trailhead kiosks, wayfinding and educational signage, benches/seated rest areas Retail agricultural produce sales Trails, excluding trails for motorized vehicles (except those necessary to support the agricultural uses in the AGS-OS and EAG- OS areas) Transit/tour bus passenger loading You-pick sales of agriculture/crops Other accessory or related uses that support the continuation of agriculture use Other uses that are similar to those shown above and that support the continuation of agricultural uses 3.3.6 Visitor-Serving Commercial (VSC) The VSC designation allows for shopping, dining, entertainment, and recreation uses to accommodate the Outdoor Shopping, Dining, and Entertainment Promenade, and provides a cohesive integration with the adjacent open space and agriculture designations previously described. Existing and future SDG&E easements allow an underground gas line and overhead electric transmission and distribution lines to traverse the southern portion of the Specific Plan area. In addition, the Specific Plan area is subject to various utility, access, and other easements, including a future easement for utilities and communications ( above and below ground) and associated facilities and infrastructure. Maintenance of overhead and underground utility areas may occur within the VSC-OS designation. Permitted and Prohibited Land Uses Only the uses listed in Table 3.0-6 shall be permitted in the VSC designation subject to the requirements and standards specified in this chapter. Utilizing less than 15% of the Specific Plan area ( or approximately 26. 7 acres), the VSC designation is intended to accommodate the new pedestrian- oriented visitor-serving Outdoor Shopping, Dining, and Entertainment Promenade situated within the VSC area. The VSC area will allow up to 585,000 square feet of new visitor-serving retail, shopping, dining, entertainment, and recreational uses (see Specific Plan, Table 3.0-8, below). Support facilities within the VSC area will include ingress and egress roads, utilities, infrastructure, services, lighting, signage, parking (structure and surface), and associated uses to create a high-quality, functionally integrated district designed to maintain a sense of community and contribute to Carlsbad's traditional "village" identity and beach community character. The list of Permitted Land Uses is intended to be "exclusive"; thus, uses not listed are not allowed. Prohibited uses within the VSC designation also are listed in Table 3.0-6. The Agua Hedionda 85/15 Specific Plan 3.0-8 Q-49 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE prohibited uses list is intended to articulate uses that are specifically prohibited by this Specific Plan in order to ensure that only high-quality visitor-serving retail, shopping, dining, entertainment, and recreational uses are permitted within the VSC area. Table 3.0-6 Permitted and Prohibited Land Uses -VSC Permitted Land Uses Access roads, utilities, and infrastructure (landscaping, lighting, and signage) Agriculture: farm stands Apothecaries and drugstores Apparel and accessory stores (including children's apparel) Art gallery Bakery Banks Books and music stores Car display Commercial retail shops Computer and electronics stores Communications equipment Concierge services and related services Cosmetics Decorative lighting, light poles Drinking fountains, A TMs Electric car charging stations Farmers market Fashion department stores Farm-to-table restaurant Financial services (including banks, insurance, real estate, etc.) Floral, flower shops Footwear, eyewear, handbags, and luggage stores Hardware, music, hobby, and other specialty stores Health and vitamin stores Health clubs, gyms, and other exercise facilities Holiday decor (including holiday photos) Home furnishings and furniture stores Gardens {public and private) Gift shops Infrastructure facilities including but not limited to those necessary for: drainage and flood control, water recharge and percolation areas, retention or detention of flood waters, and other facilities necessary to provide water quality improvements and reduce water runoff pollutants; public communications; ingress/egress road; lighting: and other facilities necessary to provide for public safety or health Jewelry stores Agua Hedionda 85/15 Specific Plan 3.0-9 Q-50 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE Table 3.0-6 Permitted and Prohibited Land Uses-VSC Landscaping Live entertainment (indoor and outdoor) Management and leasing offices, limited office space for lease Market/grocery, including fish markets, farmers markets, delicatessen, coffee shops Movie theaters Outdoor movies Parking (surface) to support the uses within the VSC, P-OS, and AGS-OS areas Parking (structure) to support the uses within the VSC, P-OS, and AGS-OS areas Passive recreation, including but not limited to vista points, picnic areas, shade structures, trailhead kiosks, wayfinding and educational signage, benches/seated rest areas Personal services and spas Picnic areas Portrait studios Public access and passive recreation, including but not limited to vista points, picnic areas, shade structures, trailhead kiosks, wayfinding and educational signage, benches/seated rest areas Restaurants and other dining or food-service establishments, including those with integrated liquor, beer, and wine components and/or outdoor patios Restrooms Retail agricultural produce sales Salon (hair, nails, barber shop, beauty supplies, day spas) Shoe stores Specialty foods Specialty retail shops, retail merchandising units, kiosks, carts Sporting goods stores Stationary stores Tailor, shoe, and custom alteration shops Temporary staging for promotions, commercial enterprise, entertainment, and recreation Toy stores Trails, excluding trails for motorized vehicles (except those necessary to support the agricultural uses in the AGS-OS and EAG- OS areas) Trash receptacles Transit/tour bus passenger loading Trolley, merry-go-round, fountains, other similar uses and amusements Wayfinding and advertising kiosks Wheelchair, stroller, and bicycle racks/rentals Travel agencies/services/sales Valet parking Wine/beer production and sales Yoga, pilates, Cardio Barre, cycling, and other similar indoor and/or outdoor activities and uses Other accessory or related uses that support high-quality visitor-serving commercial uses Other uses that are similar to or that support the high-quality visitor-serving commercial uses shown in Table 3.0-7 Agua Hedionda 85/15 Specific Plan 3.0-10 Q-51 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE Table 3.0-6 Permitted and Prohibited Land Uses -VSC Prohibited Land Uses Adult business Auto dealership (new or used cars) Auto parts or accessory retailer Auto repair shop Card rooms Churches, synagogues, temples, and houses of worship Costume goods stores Discount stores Discount department stores Gas or fuel station Massage parlor Outlet stores selling used, damaged, or discontinued merchandise Party goods retailers Pawn shops Resale shops Self-storage facilities Supercenters Variety stores Warehouse stores 3.4 PERMITTED LAND USES SUMMARY BY DESIGNATION Table 3.0-6, Permitted Land Uses provides a summary of all Specific Plan land use designations and the permitted land uses. Land Use Table 3.0-7 Permitted Land Uses HMP-0S Access roads, utilities and infrastructure (landscaping, lighting, and signage) Agriculture: commercial row crops, field crops, trees, orchard trees, and nursery crops cultivation Agriculture farm stands Agriculture: farms stands and strawberry fields Agricultural storage Apothecaries and drugstores Apparel and accessory stores (including children's apparel) Agua Hedionda 85/15 Specific Plan Q-52 P-OS EAG-0S AGS,OS vsc X X X X X X X X X X X X X 3.0-11 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS Table 3.0-7 Permitted Land Uses Land Use HMP-0S Art gallery ATMs Bakery Banks Bike Route Books and music stores Car display Commercial retail shops Communications equipment Computer and electronic stores Concierge services and related services Conservation and enhancement (protection of sensitive X species, environmentally sensitive habitat areas, waters, wetlands, riparian , and water quality) Cosmetics, body care, fragrance stores Decorative lighting, light poles Drinking fountains Electric car charging stations Farmers market Farm-to-table restaurants (with integrated liquor, beer, and wine components) and outdoor patios Fashion department stores Financial services Floral, flower shops Footwear, eyewear, handbags, and luggage stores Gardens (public and private) Gift shops Greenhouses and Hoophouses Hardware, music, hobby, and other specialty stores Health and vitamin stores Health clubs, gyms, and other exercise facilities Holiday decor (including holiday photos) Home furnishings and furniture stores Infrastructure facilities including but not limited to those necessary for: drainage and flood control, water recharge and percolation areas, retention or detention of flood waters, and other facilities necessary to provide water quality improvements and reduce water runoff pollutants; public communications; ingress/egress roads; lighting: and other facilities necessary to provide for public safety or health . Jewelry stores Agua Hedionda 85/15 Specific Plan Q-53 3.0-LAND USE P-0S EAG-0S AGS-0S vsc X X X X X x1 X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 3.0-12 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS Table 3.0-7 Permitted Land Uses Land Use HMP-0S Landscaping Live entertainment {indoor and outdoor) Management and leasing offices, limited office space for lease Market/grocery, including fish markets, farmers markets, delicatessen, coffee shops Movie theaters Open air classroom/education Outdoor movies Parking to support uses within P-OS area (i.e., limited surface parking for public access and passive recreation uses only) Parking to support uses within the EAG-OS area (i.e., limited surface parking for agriculture uses and equipment) Parking to support the uses within the AGS-OS area (and no more than 2.5 acres for shared paving for uses within the VSC area) Parking (surface) to support the uses within the VSC, P-OS, and AGS-OS areas Public access and passive recreation, including but not limited to vista points, picnic areas, shade structures, !railhead kiosks, wayfinding and educational signage, benches/seated rest areas Personal services and spas Picnic areas Portrait studios Restaurants and other dining or food-service establishments, including those with integrated liquor, beer, and wine components and/or outdoor patios Restrooms Retail agricultural produce sales Salon (hair, nails, barber shop, beauty supplies, day spas) Shoe stores Specialty foods Specialty retail shops, retail merchandising units, kiosks, carts Sporting goods stores Stationary stores Tailor, shoe, and custom alteration shops Temporary staging for promotions, commercial enterprise, entertainment, and recreation Toy stores Trails, excluding trails for motorized vehicles (except those necessary to support the agricultural use) Agua Hedionda 85/1 5 Specific Plan Q-54 3.0 -LAND USE P-OS EAG-0S AGS-0S vsc X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 3.0-13 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS Table 3.0-7 Permitted Land Uses Land Use HMP-0S Transit/tour bus passenger loading Trash receptacles Travel agencies/services/sales Trolley, merry-go-round, fountains, other similar uses and amusements Valet parking Wayfinding and advertising kiosks Wheelchair, stroller, and bicycle racks/rentals Wine/beer production and sales Yoga, pilates, Gardie Barre, cycling, and other similar indoor and/or outdoor activities and uses You-Pick sales of agriculture/crops Other accessory or related uses that support or promote the continuation of agriculture use. Other accessory or related uses that support high-quality visitor-serving commercial uses Other uses that are similar to those shown in Table 3.0-5 and that support the continuation of agricultural uses Other accessory or related uses that support the permitted passive open space uses Other uses that are similar or support the permitted passive open space uses shown in Table 3.0-3 Other uses that are similar to or that support the high-quality visitor-serving commercial uses shown in Table 3.0-6 This use is only allowed within the Bike Route Overlay depicted in Figure 3.0-1 . 3.5 DEVELOPMENT STANDARDS 3.0 -LAND USE P-OS EAG-OS AGS-0S vsc X X X X X X X X X X X X X X X X X X X X X The Specific Plan development standards define uses permjtted within the Specific Plan area and provide specific standards for development in the plan. The development standards contained herein shall fully replace and supersede any otherwise applicable Carlsbad Municipal Code development standards and regulations in the Specific Plan area, unless stated herein to the contrary. Whenever the provisions and development standards contained in this Specific Plan conflict with those in the Carlsbad Municipal Code the provisions and development standards of this Specific Plan shall take precedence, control, and govern in the Specific Plan area.1 Upon Specific Plan Initiative approval, the Coastal Commission must still certify the Agua Hedionda LUP (1982) amendments (including the Specific Plan) before the local enactments (e.g., General Plan Amendments Agua Hedionda 85/15 Specific Plan 3.0-14 Q-55 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.5.1 Habitat Management Plan Open Space (HMP-OS) Development Standards 3.0-LAND USE As indicated in the Specific Plan, Chapter 3.3.1, the HMP-OS designation is consistent with the City of Carlsbad Habitat Management Plan (November 2004) hardline preserve boundary and subject to an Open Space Deed Restriction imposed by the Coastal Commission on the most northerly portions of the Specific Plan area to the lagoon shoreline. The Open Space Deed Restriction provides that no development, as defined in section 30106 of the Coastal Act, shall occur on delineated wetland, riparian, upland native habitat areas, and steep slopes. Maintenance of overhead and underground utility areas may occur within this restricted area. Subject to the Specific Plan, Chapter 3.5, Development Standards, above: Structure Restrictions • No buildings or structures are permitted (except for restrooms). Trails • No trails are permitted Walls and Fences • Fencing is permitted provided it does not impede wildlife movement. • Fiberglass sheeting, bamboo sheeting, barbed wire, razor ribbon, or other similar materials are prohibited fencing material. Lighting • Lighting in the HMP-OS designated areas is not allowed except where essential for adjacent or proximate facility use, safety, and security purposes. • All lighting along the perimeter of HMP-OS designated areas shall be downcast with light patterns directed away from natural areas. Zone Change, Specific Plan) take effect under section 30514(a) of the Public Resources Code within the Coastal Act. Agua Hedionda 85/15 Specific Plan 3.0-15 Q-56 - INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE Signage The following signs are allowed, but only at the perimeter of the HMP-OS designated areas: • Interpretive signs. Interpretive signs are provided in proximity to public access use areas, as well as along perimeter and interior trails, and wherever there is a natural element, which should be highlighted for educational value. • Wayfinding signs. Wayfinding signs are used at key decision points to direct foot traffic, such as at key trail intersections and interpretive overlook locations. • ADA signs. Americans with Disabilities Act (ADA) signs should be used as required and should utilize materials to blend with the surrounding landscape as much as possible. • Restrictive use signs. Restrictive use signs are signs posted where necessary to preclude access to certain areas. Buffers Buffers shall be provided between all preserved habitat areas and development. Minimum buff er widths shall be provided as follows: • 100 feet minimum for wetlands • 100 feet minimum for riparian areas • 50 feet minimum for streambeds • 100 feet minimum for environmentally-sensitive habitat (ESHA) as defined in California Public Resources Code section 30107.5. Specific Plan, Figure 3.0-5, ESHA Mapping (as of May 2015), shows preliminary mapping of vegetation communities in the Specific Plan area and a preliminary delineation of ESHA known at the time of preparation of this Specific Plan. An updated and detailed delineation of ESHA based on vegetation and wildlife surveys shall be submitted as part of any coastal development permit in the Specific Plan area processed by the Coastal Commission. • 20 feet minimum for all other native habitats (southern maritime chaparral, maritime succulent scrub, southern mixed chaparral, native grassland, oak woodland). Buffer widths shall be measured from the edge of preserved habitat nearest the development to the closest point of development. For wetlands and riparian areas with an unvegetated bank or steep slope (greater than 25%), the buffer shall be measured from the top of the bank or steep slope rather than the edge of habitat, unless there is at least 50 feet between the riparian or Agua Hedionda 85/15 Specific Plan 3.0-16 Q-57 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE wetland area and the toe of the slope. If the toe of the slope is less than 50 feet from the wetland or riparian area, the buffer shall be measured from the top of the slope. No new development, grading or alterations, including clearing of vegetation, shall occur in the buffer area, except for: • Thinning of vegetation for fuel modification to a maximum of 20 feet for upland and non-riparian habitat. No fuel modification shall take place within 50 feet of riparian areas, wetlands, or oak woodland. • Trails and pathways within the first 15 feet of the buffer closest to the development, if construction of the trail or pathway and its proposed use is consistent with the preservation goals for the adjacent habitat, and that appropriate measures are taken for physical separation from sensitive areas. • Water quality improvement best management practices (e.g., vegetated swales). Buffer areas that do not contain native habitat shall be landscaped using native and non-invasive plants. Signage and physical barriers such as walls or fences shall be required to minimize edge effects of development. The executive director of the Coastal Commission may allow agriculture in buffer areas of the EAG-OS and AGS-OS areas. A detailed geotechnical report analyzing the setbacks needed to achieve the safety standards outlined below shall be completed for any specific development proposed on the site. Structures requiring foundations, pools, and fountains shall be set back a minimum of 50 feet from the bluff edge. All development shall be removed or relocated landward when threatened by erosion. The bluff edge shall be determined by a qualified geologist or surveyor for the property according to the definition included in California Code of Regulations, title 14, section 13577(h)(2). Slope stability analyses and erosion rate estimates shall be performed by a licensed certified engineering geologist and/or geotechnical engineer, or a registered civil engineer with experience in soil engineering. All impermeable, permanent structures shall be setback to ensure a minimum factor of safety of 1.5 (static) and 1.1 (pseudo static). The long-term erosion setback (for structures requiring structural foundations, pools, and fountains) shall be the distance that the bluff might be expected to erode over the design life of the structure (expected to be 75 years) and include an allowance for possible acceleration of historical bluff retreat rates due to sea level rise. Bluff erosion rate estimates shall be established by examining historical records, surveys, aerial photographs, studies, or other evidence that shows the location of the bluff edge through time and be based on a minimum of 50 years of historical information. Agua Hedionda 85/15 Specific Plan 3.0-17 Q-58 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE Landscaping Restrictions There shall be only native vegetation allowed within the HMP-OS designated areas. No invasive plants are permitted. The landscaping shall adhere to the ministerial landscape construction documents requirements of Chapter 4 of the City's landscape manual. 3.5.2 Passive Open Space (P-OS) Development Standards Subject to the Specific Plan, Chapter 3.5, Development Standards, above: • Surface parking space dimensions: The minimum size of a parking space shall be 9 feet wide and 18 feet long. • Surface parking access: The minimum width for parking lot drive aisles shall be 24 feet. • Accessibility/usability: All access, parking, and loading facilities shall be usable and shall be permanently maintained for access, parking, and loading for the permitted and intended use(s). • Lighting: Parking and loading areas shall provide adequate lighting to ensure safety and security. • Paving materials should be semi-porous ( e.g., crushed granite or gravel), where appropriate and feasible, to maximize on-site infiltration. • Access points shall be designed to provide access drives with adequate views of approaching pedestrians and vehicles. • Development shall not interfere with public access, as required by Coastal Act, Chapter 3, Article 4. • Shoreline access shall be maintained as required by the Shoreline Access section 7 of the Agua Hedionda LUP (1982), as amended by the Specific Plan Initiative. • Access drives shall provide convenient access to parking lots at various locations. • Access drives and circulation shall provide convenient access to the Specific Plan AGS- OS, P-OS, and VSC areas. • Provisions shall be made for handicapped parking in areas reserved and maintained for the parking of motor vehicles. • The minimum size of a handicapped parking space and required number of handicapped parking spaces shall comply with title 24 of the California Building Code and the ADA. Agua Hedionda 85/15 Specific Plan 3.0-18 Q-59 - INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0-LAND USE Structure Restrictions • No buildings or structures are permitted (except utilities and facilities). Trails Trails are permitted in P-OS designated areas pursuant to the standards herein. Refer to the Specific Plan, Figure 3.0-4, Conceptual Trails and Circulation Plan, for an approximation of the trails and circulation within the Specific Plan area. • The loop trail system shall generally follow the edge of the existing HMP boundary/native habitat edge, linking key viewpoints, interpretive areas, and day use areas. • Trails shall be compliant with the Americans with Disabilities Act (ADA), where readily achievable, and should provide connections to parking for access to handicapped users. • Trails shall be a minimum of 8 feet in width. • Split rail and/or lodgepole fencing with rope along sensitive habitat, agricultural, and other areas shall be provided where appropriate to help delineate trail limits and help preclude access into sensitive habitat areas and/or restoration areas. • Way-finding and access signage, including overview maps showing the trail system with location markers, shall be provided where appropriate throughout the trail system, pursuant to the specific standards for each land use designation. • Trails shall include interpretive signage where appropriate to identify key site elements, such as native plant communities and plant species, pursuant to the specific standards for each land use designation. • Signage shall be constructed of durable materials. • Signage with interpretive information and locational information shall be provided as appropriate at overlooks and points of interest, pursuant to the specific standards for each land use designation. • Wind and sun/shade structures may be provided at appropriate locations throughout the trail system, pursuant to the specific standards for each land use designation. • Trash receptacles shall be provided at appropriate locations throughout the trail system, pursuant to the specific standards for each land use designation. Walls and Fences • Fencing is permitted provided it does not impede wildlife movement. Agua Hedionda 85/15 Specific Plan 3.0-19 Q-60 -,-.✓ INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE • Fiberglass sheeting, bamboo sheeting, barbed w1re, razor ribbon, or other similar materials are prohibited as fencing material. Lighting • All lighting within and along the perimeter of P-OS designated areas shall be downcast with light patterns directed away from natural areas. Preservation/Restoration Standards • Restoration plan shall be provided to the Coastal Commission staff at the time of the coastal development permit process. • Environmentally sensitive habitat areas, as defined in section 30107 .5 of the Coastal Act, shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas, as provided in section 30240 of the Coastal Act. • Preservation in place shall be the preferred manner of avoiding or reducing effects to archaeological sites and historic resources, including: (a) planning any permitted construction to avoid such sites/resources; (b) incorporating sites/resources within open space; and/or ( c) covering the sites/resources with a layer of stable soil prior to any permitted construction. • Invasive, exotic (non-native) plant species ( e.g., fennel, castor bean, mustard, tree tobacco, palms, Acacia, Myoporum, Eucalyptus, pampas grass, etc.) shall be removed and native habitat shall be restored. • Conduct habitat restoration/establish native restoration and enhancement areas through native plant revegetation: incorporate native plantings for plant establishment and natural regeneration; plants shall be appropriate and unique to the region's site conditions. • Protect slopes/provide erosion control to help prevent runoff into the adjacent lagoon and wetlands/waters areas. • Trash receptacles shall be provided where appropriate and accessible to the public to prevent artificially increasing the population of scavenging wildlife. Signage The following signs are allowed, but only at the perimeter of the P-OS designated areas: • Parking signs. Parking signs are used to direct vehicular traffic to designated parking locations and pedestrian traffic from the parking lots to their final destinations. Agua Hedionda 85/15 Specific Plan 3.0-20 Q-61 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE • Interpretive signs. For the definition, refer to the Specific Plan, Chapter 3.5.1, above. • Wayfinding signs. For the definition, refer to the Specific Plan, Chapter 3.5.1, above. • ADA signs. For the definition, refer to the Specific Plan, Chapter 3.5.1, above. Environmental Education • Provide educational and natural resource signage. • Provide outdoor classrooms for school use with seating. Buffers Buffers shall be provided between all preserved habitat areas and development. Minimum buffer widths shall be provided as follows: • 100 feet minimum for wetlands • 100 feet minimum for riparian areas • 50 feet minimum for streambeds • 100 feet minimum for ESHA as defined in California Public Resources Code section 30107.5. Specific Plan, Figure 3.0-5, ESHA Mapping (as of May 2015), shows preliminary mapping of vegetation communities in the Specific Plan area and a preliminary delineation of ESHA known at the time of preparation of this Specific Plan. A detailed delineation of ESHA based on vegetation and wildlife surveys shall be submitted as part of any coastal development permit in the Specific Plan area processed by the Coastal Commission. If, however, ESHA is identified at the top of the bluff within P-OS designated areas, a 100-foot buffer shall be required. • 20 feet minimum for all other native habitats (southern maritime chaparral, maritime succulent scrub, southern mixed chaparral, native grassland, oak woodland) Buffer widths shall be measured from the edge of preserved habitat nearest the development to the closest point of development. For wetlands and riparian areas with an unvegetated bank or steep slope (greater than 25% ), the buffer shall be measured from the top of the bank or steep slope rather than the edge of habitat, unless there is at least 50 feet between the riparian or wetland area and the toe of the slope. If the toe of the slope is less than 50 feet from the wetland or riparian area, the buffer shall be measured from the top of the slope. No new development, grading or alterations, including clearing of vegetation, shall occur in the buffer area, except for: Agua Hedionda 85/15 Specific Plan 3.0-21 Q-62 .,-. INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE • Thinning of vegetation for fuel modification to a maximum of 20 feet for upland and non-riparian habitat. No fuel modification shall take place within 50 feet of riparian areas, wetlands, or oak woodland. • Trails and pathways within the first 15 feet of the buffer closest to the development, if construction of the trail or pathway and its proposed use is consistent with the preservation goals for the adjacent habitat, and that appropriate measures are taken for physical separation from sensitive areas. • Water quality improvement best management practices (e.g., vegetated swales, etc.). Buffer areas that do not contain native habitat shall be landscaped using native plants. Signage and physical barriers such as walls or fences shall be required to minimize edge effects of development. The executive director of the Coastal Commission may allow agriculture in buffer areas of the EAG-OS and AGS-OS areas. A detailed geotechnical report analyzing the setbacks needed to achieve the safety standards outlined below shall be completed for any specific development proposed on the site. Structures requiring foundations, pools, and fountains shall be set back a minimum of 50 feet from the bluff edge. All development shall be removed or relocated landward when threatened by erosion .The bluff edge shall be determined by a qualified geologist or surveyor for the property according to the definition included in California Code of Regulations, title 14, section 13577(h)(2). Slope stability analyses and erosion rate estimates shall be performed by a licensed certified engineering geologist and/or geotechnical engineer, or a registered civil engineer with experience in soil engineering. All impermeable, permanent structures shall be setback to ensure a minimum factor of safety of 1.5 (static) and 1. 1 (pseudo static). The long-term erosion setback (for structures requiring structural foundations, pools, and fountains) shall be the distance that the bluff might be expected to erode over the design life of the structure (expected to be 75 years) and include an allowance for possible acceleration of historical bluff retreat rates due to sea level rise. Bluff erosion rate estimates shall be established by examining historical records, surveys, aerial photographs, studies, or other evidence that shows the location of the bluff edge through time and be based on a minimum of 50 years of historical information. Landscaping Restrictions There shall be only native vegetation allowed within the P-OS designated areas. No invasive plants are permitted. Agua Hedionda 85/15 Specific Plan 3.0-22 Q-63 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE The landscaping shall adhere to the ministerial landscape construction documents requirements of Chapter 4 of the City's landscape manual. 3.5.3 Exclusive Agricultural Open Space (EAG-OS) Development Standards Subject to the Specific Plan, Chapter 3.5, Development Standards, above: Building Heights • Buildings and structures shall not exceed a maximum height of 20 feet. No buildings or structures are permitted within the SDG&E easement area. Refer to the Specific Plan, Figure 3.0-3, Maximum Building Heights and Bluff Setbacks, depicting the height standards within the Specific Plan area. Trails Trails are permitted in EAG-OS designated areas pursuant to the standards herein. Refer to the Specific Plan, Figure 3.0-4, Conceptual Trails and Circulation Plan, for an approximation of the trails and circulation within the Specific Plan area. • A loop trail system shall follow the edge of the existing HMP boundary/native habitat edge, linking key viewpoints, interpretive areas, and day use areas. • Trails shall be compliant with the Americans with Disabilities Act (ADA), where readily achievable, and should provide connections to parking for access to handicapped users. • Trails shall be a minimum of 8 feet in width. • Split rail and/or lodgepole fencing with rope along sensitive habitat, agricultural, and other areas shall be provided where appropriate to help delineate trail limits and help preclude access into sensitive habitat areas and/or restoration areas. • Way-finding and access signage, including overview maps showing the trail system with location markers, shall be provided where appropriate throughout the trail system, pursuant to the specific standards for each land use designation. • Trails shall include interpretive signage where appropriate to identify key site elements, such as native plant communities and plant species, pursuant to the specific standards for each land use designation. • Signage shall be constructed of durable materials. Agua Hedionda 85/15 Specific Plan 3.0-23 Q-64 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE • Signage with interpretive information and locational information shall be provided as appropriate at overlooks and points of interest, pursuant to the specific standards for each land use designation. • Wind and sun/shade structures may be provided at appropriate locations throughout the trail system, pursuant to the specific standards for each land use designation. • Trash receptacles shall be provided at appropriate locations throughout the trail system, pursuant to the specific standards for each land use designation. Walls and Fences • Fiberglass sheeting, bamboo sheeting, barbed wtre, razor ribbon, or other similar materials are prohibited as fencing material. Agricultural Conservation Standards Implementation of these Agricultural Conservation Standards shall be consistent with the agricultural preservation policies and standards set forth in Coastal Act Chapter 3, Article 5, for maintenance of prime agricultural land. • Existing agriculture areas shall be conserved for agricultural use. • An integrated pest management plan shall be implemented to control the use of pesticide products that avoid and minimize impacts related to fertilizers, pesticides and water quality that could affect sensitive vegetation communities, habitats, and adjacent land use designations. • Buffer areas shall be used where appropriate to reduce the potential of intrusion from the adjacent land use designations into the operating agricultural areas, in addition to address the potential for environmental exposure to the adjacent land use designations from the operating agricultural areas during periods of high risk of exposure during pesticide and fertilization treatments. Best practices within the agricultural areas shall be utilized to reduce the risk for exposure on adjacent land use designations. Environmental Education • Provide educational, agricultural, and natural resource signage. Agua Hedionda 85/15 Specific Plan 3.0-24 Q-65 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE Parking and Access Standards • Surface parking space dimensions: The minimum size of a parking space shall be 9 feet wide and 18 feet long. • Surface parking access: The minimum width for parking lot drive aisles shall be 24 feet. • Accessibility/usability: All access, parking, and loading facilities shall be usable and shall be permanently maintained for access, parking, and loading for the permitted and intended use(s). • Lighting: Parking and loading areas shall provide adequate lighting to ensure safety and security. • Paving materials should be semi-porous ( e.g., crushed granite or gravel), where appropriate and feasible, to maximize on-site infiltration. • Vehicular access points shall be designed to provide access drives with adequate views of approaching pedestrians and vehicles. • Development shall not interfere with public access, as required by Coastal Act, Chapter 3, Article 4. • Shoreline access shall be maintained as required by the Shoreline Access section 7 of the Agua Hedionda LUP (1982), as amended by the Specific Plan Initiative. • Access drives shall provide convenient access to parking lots at various locations. • Access drives and circulation shall provide convenient access to the Specific Plan AGS- OS and VSC areas. • Provisions shall be made for handicapped parking in areas reserved and maintained for the parking of motor vehicles. • The minimum size of a handicapped parking space and required number of handicapped parking spaces shall comply with title 24 of the California Building Code and the ADA. Lighting • All lighting along the perimeter of the EAG-OS designated areas shall be downcast with light patterns directed away from natural areas. Lighting shall be limited to levels safe for vehicular and pedestrian access. Signage The following signs shall be limited but allowed in the EAG-OS designated areas: Agua Hedionda 85/15 Specific Plan 3.0-25 Q-66 C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE • Entry identification or monument signs. Freestanding identity or monument signs are those located at the entrances to the Specific Plan site from public rights of way. Such signs may contain content related to uses on the VSC designated areas including names or logos associated with the Outdoor Shopping, Dining, and Entertainment Promenade or one or more commercial tenants thereof). Such entry identification or monument signs may not exceed 60 square feet per side and 8 feet in height. These signs may be free standing or part of an architectural feature. • Parking signs. For the definition, refer to the Specific Plan, Chapter 3.5.2, above. • Interpretive signs. For the definition, refer to the Specific Plan, Chapter 3.5.1, above. • Wayfinding signs. For the definition, refer to the Specific Plan, Chapter 3.5.1, above. • ADA signs. For the definition, refer to the Specific Plan, Chapter 3.5.1, above. Agua Hedionda 85/15 Specific Plan 3.0-26 Q-67 - INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE Buffers Buffers shall be provided between all preserved habitat areas and development. Minimum buff er widths shall be provided as follows: • 100 feet minimum for wetlands • 100 feet minimum for riparian areas • 50 feet minimum for streambeds • 100 feet minimum for environmentally-sensitive habitat (ESHA) as defined in California Public Resources Code section 30107.5. Specific Plan, Figure 3.0-5, ESHA Mapping (as of May 2015), shows preliminary mapping of vegetation communities in the Specific Plan area and a preliminary delineation of ESHA known at the time of preparation of this Specific Plan. A detailed delineation of ESHA based on vegetation and wildlife surveys shall be submitted as part of any coastal development permit in the Specific Plan area processed by the Coastal Commission. • 20 feet minimum for all other native habitats (southern maritime chaparral, maritime succulent scrub, southern mixed chaparral, native grassland, oak woodland) Buffer widths shall be measured from the edge of preserved habitat nearest the development to the closest point of development. For wetlands and riparian areas with an unvegetated bank or steep slope (greater than 25% ), the buffer shall be measured from the top of the bank or steep slope rather than the edge of habitat, unless there is at least 50 feet between the riparian or wetland area and the toe of the slope. If the toe of the slope is less than 50 feet from the wetland or riparian area, the buffer shall be measured from the top of the slope. No new development, grading or alterations, including clearing of vegetation, shall occur in the buffer area, except for: • Thinning of vegetation for fuel modification to a maximum of 20 feet for upland and non-riparian habitat. No fuel modification shall take place within 50 feet of riparian areas, wetlands, or oak woodland. • Trails and pathways within the first 15 feet of the buffer closest to the development, if construction of the trail or pathway and its proposed use is consistent with the preservation goals for the adjacent habitat, and that appropriate measures are taken for physical separation from sensitive areas. • Water quality improvement best management practices (e.g., vegetated swales, etc.). Agua Hedionda 85/15 Specific Plan 3.0-27 Q-68 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE Buffer areas that do not contain native habitat shall be landscaped using native and non-invasive plants. Signage and physical barriers such as walls or fences shall be required to minimize edge effects of development. The executive director of the Coastal Commission may allow agriculture in buffer areas in EA G- OS and AGS-OS designated areas. A detailed geotechnical report analyzing the setbacks needed to achieve the safety standards outlined below shall be completed for any specific development proposed on the site. Structures requiring foundations, pools, and fountains shall be set back a minimum of 50 feet from the bluff edge. All development shall be removed or relocated landward when threatened by erosion. The bluff edge shall be determined by a qualified geologist or surveyor for the property according to the definition included in California Code of Regulations, title 14, section 13577(h)(2). Slope stability analyses and erosion rate estimates shall be performed by a licensed certified engineering geologist and/or geotechnical engineer, or a registered civil engineer with experience in soil engineering. All impermeable, permanent structures shall be setback to ensure a minimum factor of safety of 1.5 (static) and I.I (pseudo static). The long-term erosion setback (for structures requiring structural foundations, pools, and fountains) shall be the distance that the bluff might be expected to erode over the design life of the structure (expected to be 75 years) and include an allowance for possible acceleration of historical bluff retreat rates due to sea level rise. Bluff erosion rate estimates shall be established by examining historical records, surveys, aerial photographs, studies, or other evidence that shows the location of the bluff edge through time and be based on a minimum of 50 years of historical information. 3.5.4 Agricultural Support Open Space (AGS-OS) Subject to the Specific Plan, Chapter 3.5, Development Standards, above: Building Heights • Buildings and structures shall not exceed a maximum height of 25 feet. No buildings or structures are permitted within the SDG&E easement. Refer to the Specific Plan, Figure 3.0-3, Maximum Building Heights and Bluff Setbacks, depicting the height standards within the Specific Plan area. Walls and Fences • Fiberglass sheeting, bamboo sheeting, barbed wtre, razor ribbon, or other similar materials are prohibited as fencing material. Agua Hedionda 85/15 Specific Plan 3.0-28 Q-69 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE Agricultural Conservation Standards Implementation of these Agricultural Conservation Standards shall be consistent with the agricultural preservation policies and standards set forth in Coastal Act Chapter 3, Article 5, for maintenance of prime agricultural land. • Existing agriculture areas shall continue and be integrated with the other AGS-OS permitted uses. • An integrated pest management plan shall be implemented for crops over 20 acres to control the use of pesticide products that avoid and minimize impacts related to fertilizers, pesticides and water quality that could affect sensitive vegetation communities, habitats, and adjacent land use designations. • Buffer areas shall be used where appropriate to reduce the potential of intrusion from the adjacent land use designations into the operating agricultural areas, in addition to address the potential for environmental exposure to the adjacent land use designations from the operating agricultural areas during periods of high risk of exposure during pesticide and fertilization treatments. Best practices within the agricultural areas shall be utilized to reduce the risk for exposure on adjacent land use designations. Environmental Education • Provide educational, agricultural, and natural resource signage. Parking and Access Standards • Access drives and circulation shall provide convenient access to the Specific Plan P-OS, EAG-OS, and VSC areas. • Access drives shall provide convenient access to parking areas at various locations. • Surface parking space dimensions: The minimum size of a parking space shall be 9 feet wide and 18 feet long. • Surface parking access: The minimum width for parking lot drive aisles shall be 24 feet. • Accessibility/usability: All access, parking, and loading facilities shall be usable and shall be permanently maintained for access, parking, and loading for the permitted and intended use(s). • Lighting: Parking and loading areas shall provide adequate lighting to ensure safety and security. Agua Hedionda 85/15 Specific Plan 3.0-29 Q-70 C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE • Vehicular access points shall be designed to provide access drives with adequate views of approaching pedestrians and vehicles. • Development shall not interfere with public access, as required by Coastal Act, Chapter 3, Article 4. • Shoreline access shall be maintained as required by the Shoreline Access section 7 of the Agua Hedionda LUP (1982), as amended by the Specific Plan Initiative. • Provisions shall be made for handicapped parking in areas reserved and maintained for the parking of motor vehicles. • The minimum size of a handicapped parking space and required number of handicapped parking spaces shall comply with title 24 of the California Building Code and the ADA. Lighting • All lighting along the perimeter of the AGS-OS designated areas shall be downcast with light patterns directed away from natural areas. Lighting shall be limited to levels safe for vehicular and pedestrian access. Signage The following signs shall be limited but allowed in the AGS-OS designated areas: • Entry identification or monument signs. Freestanding identity or monument signs are those located at the entrances to the Specific Plan site from public rights of way. Such signs may contain content related to uses on the VSC designated areas including names or logos associated with the Outdoor Shopping, Dining, and Entertainment Promenade or one or more commercial tenants thereof). Such entry identification or monument signs may not exceed 60 square feet per side and 8 feet in height. These signs may be free standing or part of an architectural feature. • Parking signs. For the definition, refer to the Specific Plan, Chapter 3.5.2, above. • Interpretive signs. For the definition, refer to the Specific Plan, Chapter 3.5.1, above. • Wayfinding signs. For the definition, refer to the Specific Plan, Chapter 3.5.1, above. • ADA signs. For the definition, refer to the Specific Plan, Chapter 3.5.1, above. Agua Hedionda 85/15 Specific Plan 3.0-30 Q-71 C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE Buffers Buffers shall be provided between all preserved habitat areas and development. Minimum buff er widths shall be provided as follows: • 100 feet minimum for wetlands • 100 feet minimum for riparian areas • 50 feet minimum for streambeds • 100 feet minimum for environmentally-sensitive habitat (ESHA) as defined in California Public Resources Code section 30107.5. Specific Plan, Figure 3.0-5, ESHA Mapping (as of May 2015), shows preliminary mapping of vegetation communities in the Specific Plan area and a preliminary delineation of ESHA known at the time of preparation of this Specific Plan. A detailed delineation of ESHA based on vegetation and wildlife surveys shall be submitted as part of any coastal development permit in the Specific Plan area processed by the Coastal Commission. • 20 feet minimum for all other native habitats (southern maritime chaparral, maritime succulent scrub, southern mixed chaparral, native grassland, oak woodland) Buffer widths shall be measured from the edge of preserved habitat nearest the development to the closest point of development. For wetlands and riparian areas with an unvegetated bank or steep slope (greater than 25% ), the buffer shall be measured from the top of the bank or steep slope rather than the edge of habitat, unless there is at least 50 feet between the riparian or wetland area and the toe of the slope. If the toe of the slope is less than 50 feet from the wetland or riparian area, the buffer shall be measured from the top of the slope. No new development, grading or alterations, including clearing of vegetation, shall occur in the buffer area, except for: • Thinning of vegetation for fuel modification to a maximum of 20 feet for upland and non-riparian habitat. No fuel modification shall take place within 50 feet of riparian areas, wetlands, or oak woodland. • Trails and pathways within the first 15 feet of the buffer closest to the development, if construction of the trail or pathway and its proposed use is consistent with the preservation goals for the adjacent habitat, and that appropriate measures are taken for physical separation from sensitive areas. • Water quality improvement best management practices (e.g., vegetated swales, etc.). Agua Hedionda 85/15 Specific Plan 3.0-31 Q-72 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE Buffer areas that do not contain native habitat shall be landscaped using native and non-invasive plants. Signage and physical barriers such as walls or fences shall be required to minimize edge effects of development. The executive director of the Coastal Commission may allow agriculture in buffer areas in EAG- OS and AGS-OS designated areas. A detailed geotechnical report analyzing the setbacks needed to achieve the safety standards outlined below shall be completed for any specific development proposed on the site. Structures requiring foundations, pools, and fountains shall be set back a minimum of 50 feet from the bluff edge. All development shall be removed or relocated landward when threatened by erosion. The bluff edge shall be determined by a qualified geologist or surveyor for the property according to the definition included in California Code of Regulations, title 14, section 13577(h)(2). Slope stability analyses and erosion rate estimates shall be performed by a licensed certified engineering geologist and/or geotechnical engineer, or a registered civil engineer with experience in soil engineering. All impermeable, permanent structures shall be setback to ensure a minimum factor of safety of 1.5 (static) and 1.1 (pseudo static). The long-term erosion setback (for structures requiring structural foundations, pools, and fountains) shall be the distance that the bluff might be expected to erode over the design life of the structure (expected to be 75 years) and include an allowance for possible acceleration of historical bluff retreat rates due to sea level rise. Bluff erosion rate estimates shall be established by examining historical records, surveys, aerial photographs, studies, or other evidence that shows the location of the bluff edge through time and be based on a minimum of 50 years of historical information. 3.5.5 Visitor-Serving Commercial (VSC) Development Standards Subject to the Specific Plan, Chapter 3.5, Development Standards, above, the VSC designation accommodates the Outdoor Shopping, Dining, and Entertainment Promenade. The permitted and prohibited uses are shown in Table 3.0-6, above. Table 3.0-8, Summary of VSC Development Standards, provides the standards for development within the VSC designated areas. Table 3.0-8 Summary of VSC Development Standards Minimum Setbacks1 Front: 1 0 feet Rear: 10 feet Sides: 0 feet Maximum Building Height No buildings allowed above 35 feet or three levels.2 Refer to Figure 3.0-3, Maximum Building Heights and Bluff Setbacks. Agua Hedionda 85/15 Specific Plan 3.0-32 Q-73 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE Table 3.0-8 Summary of VSC Development Standards Maximum Building Coverage3 Described below Maximum Building Square Footage4 585,000 square feet of Floor Area5 Parking 4 spaces per 1,000 square feet of gross leasable area of Floor Area6 Notes: Building setback shall be measured from the street right-of-way to building. No property within the VSC area abuts any off-site Residential areas. Refer to "Building Height" definition and standards set forth below. Refer to "Building Coverage" definition and standards below. 4 Refer to "Floor Area" definition below. Maximum Floor Area of 585,000 includes the approximate 2,200 square foot farm stand and the approximate 6,500 square foot farm-to- table dining in the AGS-OS area. Shared parking reductions are allowed for the uses within the VSC, AGS-OS, and the P-OS area. The Specific Plan is exempt from Carlsbad Municipal Code, title 21, including the building height and building coverage provisions; and, instead, requires the following: Building Height • No building in the VSC area shall exceed a height of 35 feet. • Building Height shall be limited to the vertical distance measured from Finished Grade ( as defined below) at all points along the building coverage up to a warped plane located at a height, above all points along the building coverage that is equal to the height limit of the underlying land use designation (here, 35 feet or three levels). • Building Height shall be measured from finished grade elevation, vertically from all points along the Building Coverage. • Finished Grade, for the purposes of measuring Building Height, means the final ground elevation after the completion of any grading or other site preparation related to, or to be incorporated into, the proposed development or alteration of an existing development. • All portions of the building shall be located at or below the Building Height limit, except as provided below: o Building Height includes: • All portions of a building and parking structure exposed above the Finished Grade. This includes, but is not limited to, all portions of exterior walls of a basement, underground parking or other subterranean areas that are exposed above finished grade, and the exposed exterior portion of a basement located on the downhill or uphill side of a building on a sloping lot, but does not include the exposed portion of an underground parking structure entrance that Agua Hedionda 85/15 Specific Plan 3.0-33 Q-74 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE is minimally necessary to provide vehicle access to the underground parking structure and which is below the Finished Grade of the area that is immediately adjacent to the underground parking structure. • Protrusions above the Building Height limit are allowed ( e.g., elevator housing, stairways, shielded maintenance equipment, parapet walls and similar architectural features, flagpoles, architectural towers, chimneys, wireless masts, and similar structures). The protrusions shall not exceed 45 feet, except for limited architectural features such as flagpoles, steeples, or architectural towers, which may be permitted up to 55 feet, provided that the protrusions do not function to provide usable floor area; do not accommodate and/or screen building equipment; do not adversely impact adjacent properties; and reflect building design excellence. • No roof structure or any other space above the Building Height limit shall be allowed for the purpose of providing additional floor area. Building Coverage • Building Coverage shall mean the total ground area of a site occupied by any building or structure as measured from the outside of its surrounding external walls or supporting members. Building Coverage includes exterior structures such as stairs, arcades, bridges, permanent structural elements protruding from buildings such as overhanging balconies, oriel windows, stories which overhang a ground level story, garages and covered carports. Building Coverage also includes the perimeter area of a basement. Excluded from Building Coverage are roof eaves extending less than thirty inches from the face of any building, awnings, open parking areas, structures under thirty inches in height and masonry walls not greater than six feet in height such as wing-walls, planter walls or grade-separation retaining walls. • Floor Area shall mean the area in square feet confined within the exterior walls of a building, but not including the area of the following: exterior walls, stairways, shafts, rooms housing building-operating equipment or machinery, parking (including above and below grade parking structures) areas with associated driveways and ramps, above and below grade storage areas. Pedestrian Walkways • All pedestrian walkways shall comply with ADA requirements. Agua Hedionda 85/15 Specific Plan 3.0-34 Q-75 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE Landscaping • All development within the VSC area shall identify and implement a landscaping plan that installs plant species and ornamental landscaping that are native and non-invasive .. • All landscaping with the buffers shall be native, non-invasive, and drought tolerant. • The landscaping shall adhere to the ministerial landscape construction documents requirements of Chapter 4 of the City's landscape manual. Walls and Fences • Fiberglass sheeting, bamboo sheeting, barbed w1re, razor ribbon, or other similar materials are prohibited as fencing material. Trash Enclosures • Trash enclosures shall be required for refuse and recycling bins. • Enclosures shall be a minimum 6 feet in height and should be architecturally compatible with the main building(s). • The number, capacity, and distribution of trash enclosures in the VSC designation shall be determined by the number of tenants using the same ( shared) trash enclosure for disposal of waste and the potential frequency for dumping or removal. Parking and Loading Parking and Access Standards • Surface parking space dimensions: The minimum size of a parking space shall be 9 feet wide and 18 feet long. • Surface parking access: The minimum width for parking lot drive aisles shall be 24 feet. • Structured parking space dimensions: The minimum size of a parking space shall be 8 feet, 4 inches wide and 16 feet long. • Structured parking access: The minimum width for structured parking drive aisles shall be 24 feet for two-way drive aisles and 16 feet for one-way drive aisles with angled parking stalls. • Accessibility/usability: All access, parking, and loading facilities shall be usable and shall be permanently maintained for access, parking, and loading for the permitted and intended use(s). Agua Hedionda 85/15 Specific Plan 3.0-35 Q-76 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE • Lighting: Parking and loading areas shall provide adequate lighting to ensure safety and security. • Parking area surfacing: All parking spaces and associated driveways shall be entirely paved with non-porous materials such as pavers, concrete, or asphalt-type surfacing. • Parking space delineation: All parking spaces shall be clearly marked with paint or another easily distinguishable material. • Access points shall be designed to provide access drives with adequate views of approaching pedestrians and vehicles. • Access drives shall provide convenient access to parking lots at various locations. • Public shoreline access shall be maintained as required by Coastal Act, Chapter 3, Article 4; and section 7 of the Agua Hedionda LUP (1982) as amended by the Specific Plan Initiative. Parking Structures • Parking structures are permitted within the VSC-designated area and may be used to serve other land use designations within the Specific Plan area and shared parking reductions are allowable. • Design of parking structures shall be consistent with the development standards and design guidelines for VSC uses. • Landscaping shall be provided to screen parking structures from the lagoon, adjacent open space uses, and the I-5 corridor, to the extent practicable. Handicap Parking • Provisions shall be made for handicapped parking in areas reserved and maintained for the parking of motor vehicles. • The minimum size of a handicapped parking space and required number of handicapped parking spaces shall comply with Title 24 of the California Building Code and the ADA. Loading Space Requirements • The minimum loading space size shall be 25 feet long and 12 feet wide, with a minimum vertical clearance of 14 feet. Additional length may be required depending upon vehicle size. • Any loading space shall provide adequate ingress and egress for trucks from a street. Agua Hedionda 85/15 Specific Plan 3.0-36 Q-77 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE Bicycle Parking Standards • One bicycle parking space shall be provided per 5,000 square feet of retail space, but no fewer than one bicycle space per business. • Bicycle parking facilities shall be located on a hard surface such as asphalt, concrete, brick, or gravel surface. • Bicycle parking facilities shall be separated from automobile parking spaces. • Aisles or walkways providing access to bicycle parking facilities shall be wide enough to accommodate bicycles. • Signs shall be located to indicate the location of bicycle parking. Lighting Lighting shall be directed onto the driveways, walkways, sidewalks and parking, and away from adjacent properties and public rights-of-way. Lighting shall be directed away from the HMP-OS and P-OS designated areas. Grading Any development within the Specific Plan area shall to the maximum extent feasible adhere to the following grading goals and standards: • Facilitate the planning, design, and construction of development to maximize safety and human enjoyment while protecting, insofar as possible, the surrounding natural environment; • Ensure compatibility of graded land development with surrounding landforms and land uses; • Prevent unnecessary and unauthorized grading, including clearing and grubbing of vegetation; • Preserve natural plant communities and existing mature trees; • Preserve significant cultural and archaeological sites; • Promote the rapid restoration of graded slopes with fire resistant, drought tolerant landscaping; and • Protect public and private property, stormwater conveyance systems, downstream riparian habitats, waterways, wetlands, and lagoons by controlling soil erosion and sedimentation caused by grading operations or which as a consequence of the increased rate of surface water runoff from graded sites. Agua Hedionda 85/15 Specific Plan 3.0-37 Q-78 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE Finished Grade, for uses that are within the Building Coverage definition of the VSC area, shall not exceed 10 feet above and 10 feet below Existing Grade (defined below). For purposes of this Specific Plan, Existing Grade means the ground elevation prior to any grading or other site preparation related to, or to be incorporated into, the proposed development or alteration of an existing development. Finished Grade, for purposes of a parking structure, shall be the adjacent, Finished Grade, which shall be no more than 10 feet above and 10 feet below existing grade. Engineering All development shall adhere to the City's engineering standards. Stormwater Management and Discharge Control Any development within the Specific Plan area shall: • Ensure that there are no non-stormwater discharges to the stormwater conveyance system • Eliminate discharges to the stormwater conveyance system from spills, dumping or disposal of materials other than stormwater or permitted or exempted discharges • Reduce pollutants in stormwater discharges to the maximum extent practicable, including those pollutants taken up by stormwater as it flows over urban areas (urban runoff) • Reduce pollutants in stormwater discharges in order to achieve applicable water quality objectives for receiving waters within the City Signage The following signs are allowed in the VSC land use designation provided they satisfy the signage standards specified below. The allowable signs within the VSC land use designation area as follows: • Signage screen signs. • Site entry signs. Freestanding identity signs are to be located at the entry to the Specific Plan site directly facing the main thoroughfare. Signs may indicate tenant names. Site entry pylons may not exceed 60 square feet per side and 14 feet in height. No more than two (2) signs shall be located throughout the site. One (1) sign shall be permitted on Cannon Road at the major vehicular site entry. Agua Hedionda 85/15 Specific Plan 3.0-38 Q-79 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE • Entry identification or monument signs. Freestanding identity or monument signs are those located at the entrances to the Specific Plan site from public rights of way. Such signs may contain content related to uses on the VSC designated areas including names or logos associated with the Outdoor Shopping, Dining, and Entertainment Promenade or one or more commercial tenants thereof). Such entry identification or monument signs may not exceed 60 square feet per side and 8 feet in height. These signs may be free standing or part of an architectural feature. • Vehicular directional signs. Vehicular directional signs are used to easily and safely direct visitors to destination points within the VSC designated area. These shall be used at major intersections/decision points to direct people to designated destinations within VSC designated area. Vehicular directional signs shall not exceed 6 square feet per side and 6 feet in height. • Pedestrian directional signs and/or directories. Pedestrian directional and directory signs are used to assist visitors in their journey from designated parking areas to their final destination. These shall be used at decision points to direct people on foot around the site. Pedestrian directional signs shall not exceed 6 square feet per side and 6 feet in height. • Marquee signs. Marquee signs are signs specifically used at entrances to entertainment facilities (i.e., cinema theatres). Wall-mounted marquee signs shall not exceed 0.5 square feet per each linear foot of building frontage. Marquee signs shall not exceed 160 square feet and 35 feet in height. The aggregate area of all marquee signs on a building shall not exceed 600 square feet. Marquee signs may be located on top of the canopy and may extend no more than 2 feet above the top of the canopy. • Tenant signs: Tenant signs refer to projecting or wall-mounted signs that designate the storefront entrance or tenant frontage(s). Tenant signs may display the name and/or brand logo of the tenant. • Wall-mounted signs. Each ground floor and upper floor occupancy of a building shall be permitted one wall sign for each primary wall frontage with entry and one wall sign for each secondary wall frontage. No more than three wall signs shall be permitted per occupancy. Area allowances are as follows: o Occupancies under 10,000 square feet in floor area shall be permitted up to 1 square foot of sign area per linear foot of ground floor frontage. o Total allowable sign area for each permitted sign is calculated based on the occupancy's total wall frontage as measured between the centerlines of occupancies' walls measured at the storefront, or from the centerline of an occupancy's wall to the Agua Hedionda 85/15 Specific Plan 3.0-39 Q-80 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE outside or inside comer of each elevation of the storefront, measured m simple straight lines. o Occupancies 10,000 square feet of floor area or greater shall be permitted up to 250 square feet of sign area for each primary wall frontage, regardless of the length of the wall frontage. o Wall signs may partially cover wall openings. • Tenant blade signs. Tenant blade signs shall be used in conjunction with the tenant sign to specifically address pedestrians approaching the tenant store entry. • Projecting signs. Each occupancy may substitute one or more of its permitted wall signs for projecting signs. The maximum allowable projecting sign area shall be the same as allowable wall sign area. • Address signs. Each building/storefront shall display standardized address numbering as required by the Carlsbad Fire Department. • Building identity signs. Building identification signage is to be located at the entrance to buildings and may be either wall-mounted or freestanding. • Orientation map or directories. Orientation map and directories may be freestanding signs or kiosks depicting all major destinations within the Specific Plan area. • Public amenity signs. Signs are to be used identifying public amenities such as restrooms, ATM, etc. • Parking signs. Parking signs will be used to identify parking locations, display parking information, or provide directional information. • Code-required signs. Code-required signs are allowed if required by local agencies or other jurisdictions. • Other signage including: • Banners and flags in the public right-of-way. • Restaurant menu displays. • Animated signs. Provided they are located within the interior of the commercial/retail center facing inward and do not face a dedicated street. The following general sign standards shall apply to all signage within the Specific Plan area: • Sign area is computed as follows: Agua Hedionda 85/15 Specific Plan Q-81 3.0-40 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE o Wall, Retaining Wall, Fascia, Awning, Window and Landscape/Hardscape Feature Signs. Sign area shall be computed by measuring the smallest square, rectangle, triangle, circle or combination thereof, that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the message or display or otherwise used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework or bracing. o Monument and Suspended Signs. Sign area shall be computed by measuring the entire area contained within the frame, cabinet, monument, monument base or fixture. o Pole Signs. Sign area shall be computed as the area of the surface(s) upon which the sign message is placed including the supporting column(s) if decorated or displayed with advertising. o Multi-Faced Signs. The sign area for a two-sided or multi-faced sign shall be computed by adding together the area of all sign faces, as described above, visible from any one point. When two sign faces are placed back to back, so that both faces cannot be viewed from any one point at the same time, and when such sign faces are part of the same structure, the sign area shall be computed by the measurement of one of the faces. In the case of a sign of spherical or cylindrical shape, the area of the sign shall be one-half of the surface area. o Flags, Banners, Pennants, etc. Sign area is the entire surface area, one side only. • Sign height is measured as follows: o Wall, Retaining Wall, Fascia, Awning, Suspended, Monument, Pole and Window Signs. Sign height is specified as the greatest vertical measurement from the top of the sign cabinet, including all ornamentation and supports, to the average grade beneath the sign. • Commercial signs will be placed on, or in proximity to, the property of the use for which the sign is intended to identify or relate. • Each permanent approved sign shall meet the following design standards. o Colors. For signs displaying commercial messages, fluorescent, "day-glo," and similar colors shall not be used. o Materials. All signs shall be constructed of durable materials, which are compatible in kind and/or appearance to the building supporting or identified by the sign. Such materials may include, but are not limited to: ceramic tile, sandblasted, hand-carved Agua Hedionda 85/15 Specific Plan 3.0-41 Q-82 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE or routed wood, channel lettering, concrete, stucco or stone monument signs with recessed or raised lettering. o Relationship to Buildings. Each permanent commercial message sign located upon a premises with more than one main building shall be designed to incorporate the materials common or similar to all buildings. o Relationship to Other Signs. Where there is more than one sign on a lot, building or site, all permanent signs displaying a commercial message shall have designs which similarly treat or incorporate the following design elements: • Type of construction materials; • Sign/letter color and style of copy; • Method used for supporting sign (i.e., wall or ground base); • Sign cabinet or other configuration of sign area; • Illumination; and • Location. o Relationship to Streets. Signs shall be designed and located so as not to interfere with the unobstructed clear view of the public right-of-way and nearby traffic regulatory signs of any pedestrian, bicyclist or motor vehicle driver. o Sight Distance. No sign or sign structure shall be placed or constructed so that it impairs the sight distance requirements at any public or private street intersection or driveway. o Sign Illumination. o General Limitation. Illumination from or upon any sign shall be shaded, shielded, directed or reduced so as to minimize light spillage onto the public right-of-way or adjacent properties. Externally illuminated signs shall be lighted by screened or hidden light sources. o Free-Standing and Building-Mounted Signs. Free-standing and building-mounted signs shall either be non-illuminated or externally illuminated, except for signs with opaque backgrounds which give the appearance of individual channel letters and changeable copy signs. o Landscaping. Each monument and pole sign shall include landscaping around the base of the sign, at a minimum ratio of two square feet for every one square foot of sign area, so as to protect the sign from vehicles, improve the appearance of the installation and screen light fixtures and other appurtenances. Agua Hedionda 85/15 Specific Plan 3.0-42 Q-83 -- INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE Buffers Buffers shall be provided between all preserved habitat areas and development. Minimum buffer widths shall be provided as follows: • 100 feet minimum for wetlands • 100 feet minimum for riparian areas • 50 feet minimum for streambeds • 100 feet minimum for environmentally-sensitive habitat (ESHA) as defined in California Public Resources Code section 30107.5. Specific Plan, Figure 3.0-5, ESHA Mapping (as of May 2015), shows preliminary mapping of vegetation communities in the Specific Plan area and a preliminary delineation of ESHA known at the time of preparation of this Specific Plan. A detailed delineation of ESHA based on vegetation and wildlife surveys shall be submitted as part of any coastal development permit in the Specific Plan area processed by the Coastal Commission. • 20 feet minimum for all other native habitats (southern maritime chaparral, maritime succulent scrub, southern mixed chaparral, native grassland, oak woodland) Buffer widths shall be measured from the edge of preserved habitat nearest the development to the closest point of development. For wetlands and riparian areas with an unvegetated bank or steep slope (greater than 25%), the buffer shall be measured from the top of the bank or steep slope rather than the edge of habitat, unless there is at least 50 feet between the riparian or wetland area and the toe of the slope. If the toe of the slope is less than 50 feet from the wetland or riparian area, the buffer shall be measured from the top of the slope. No new development, grading or alterations, including clearing of vegetation, shall occur in the buffer area, except for: • Thinning of vegetation for fuel modification to a maximum of 20 feet for upland and non-riparian habitat. No fuel modification shall take place within 50 feet of riparian areas, wetlands, or oak woodland. • Trails and pathways within the first 15 feet of the buffer closest to the development, if construction of the trail or pathway and its proposed use is consistent with the preservation goals for the adjacent habitat, and that appropriate measures are taken for physical separation from sensitive areas. • Water quality improvement best management practices (e.g., vegetated swales, etc.). Agua Hedionda 85/15 Specific Plan 3.0-43 Q-84 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE Buffer areas that do not contain native habitat shall be landscaped using native and non-invasive plants. Signage and physical barriers such as walls or fences shall be required to minimize edge effects of development. The executive director of the Coastal Commission may allow agriculture in buffer areas in EA G- OS and AGS-OS designated areas. A detailed geotechnical report analyzing the setbacks needed to achieve the safety standards outlined below shall be completed for any specific development proposed on the site. Structures requiring foundations, pools, and fountains shall be set back a minimum of 50 feet from the bluff edge. All development shall be removed or relocated landward when threatened by erosion. The bluff edge shall be determined by a qualified geologist or surveyor for the property according to the definition included in California Code of Regulations, title 14, section 13577(h)(2). Slope stability analyses and erosion rate estimates shall be performed by a licensed certified engineering geologist and/or geotechnical engineer, or a registered civil engineer with experience in soil engineering. All impermeable, permanent structures shall be setback to ensure a minimum factor of safety of 1.5 (static) and 1.1 (pseudo static). The long-term erosion setback (for structures requiring structural foundations, pools, and fountains) shall be the distance that the bluff might be expected to erode over the design life of the structure (expected to be 75 years) and include an allowance for possible acceleration of historical bluff retreat rates due to sea level rise. Bluff erosion rate estimates shall be established by examining historical records, surveys, aerial photographs, studies, or other evidence that shows the location of the bluff edge through time and be based on a minimum of 50 years of historical information. 3.5.6 Signage Procedures Applicable to all Signs within the Specific Plan Area This section sets forth the exclusive application, procedures, and sign-off process for the installation of signs within the Specific Plan area. 3.5.6.1 Sign Exemption The Specific Plan area is exempt from the City of Carlsbad Sign Ordinance (CMC, title 21, Zoning, chapter 21.41 ), including any substitution provisions therein; and, instead, requires that the signage application, procedures, and sign-off process set forth herein be applied exclusively to, and only within, the Specific Plan area. Agua Hedionda 85/15 Specific Plan 3.0-44 Q-85 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE 3.5.6.2 Purpose The purposes of the sign ordinance codified in this chapter include to: • Implement the City's community design and safety standards as set forth in the Carlsbad General Plan (1994); • Maintain and enhance the City's appearance by regulating the design, character, location, number, type, quality of materials, size, illumination and maintenance of signs; • Protect and improve pedestrian and vehicular traffic safety by balancing the need for signs which facilitate the safe and smooth flow of traffic (i.e., traffic directional signs) without an excess of signage which may distract motorists, overload their capacity to quickly receive information, visually obstruct traffic signs or otherwise create congestion and safety hazards; • Eliminate the traffic safety hazards to pedestrians and motorists posed by off-site signs bearing commercial messages; • Generally limit commercial signage to on-site locations in order to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the public; • Allow the communication of information for commercial and noncommercial purposes without regulating the content of noncommercial messages; • Respect and protect the right of free speech and expression by sign display, while reasonably regulating the structural, locational and other non-communicative aspects of signs, generally for the public health, safety, welfare and specifically to serve the public interests in traffic and pedestrian safety and community aesthetics; • Minimize the possible adverse effects of signs on nearby public and private property; • Serve the City's interests in maintaining and enhancing its visual appeal for tourists and other visitors, by preventing the degradation of visual quality, which can result from excess s1gnage; • Protect the investments in property and lifestyle quality made by persons who choose to live, work or do business in the City; and • Enable enforcement of the sign regulations herein by the City. Agua Hedionda 85/15 Specific Plan 3.0-45 Q-86 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE 3.5.6.3 Definitions The definitions set forth in the Carlsbad Municipal Code, title 21, Zoning, chapter 21.41.020, Definitions, shall apply to the signs -as applicable and authorized herein. 3.5.6.4 Prohibited Signs Table 3.0-9, Prohibited Signs Applicable to All Designations within Specific Plan, identifies all signs prohibited within the Specific Plan area. Table 3.0-9 Prohibited Signs Applicable to All Designations within Specific Plan Abandoned signs, including their structures and supports A-frame signs Animated signs including, but not limited to signs that move, blink, flash, change color, reflect, revolve or make noise Balloons or other inflatable signs or devices, as defined in Carlsbad Municipal Code, title 21, section 21.41.005 ("a small inflatable device used for purposes of commercial signage, advertising or attention getting") Beacons, asdefined in Carlsbad Municipal Code, title 21, section 21.41.005 ("a stationary or revolving light (including laser lights, klieg lights, spot lights, search lights, projected image signs and similar devices) with one or more beams projected into the atmosphere or directed at one or more points away from the light source and used for purposes other than police, fire, public safety or news gathering operations") Billboards with a display face greater than sixty square feet, as defined in Carlsbad Municipal Code, title 21, section 21.41.005 ("an off-site permanent structure sign which displays a commercial message") Bus stop bench/shelter signs, as defined in Carlsbad Municipal Code, title 21, section 21.41.005 ("a sign mounted on a shelter which serves as a bus stop or passenger waiting area for public transportation; this definition does not include devices giving the schedule and/or prices for the transportation service") Electronic message board signs Exposed neon lighted signs on any building elevation thatfaces and is within five hundred feet of any property line that adjoins residentially zoned property General advertising messages displayed on vehicles parked on any public property within the City Hand held or sandwich board signs carried by a person on public property or in the public right-of-way and displaying a commercial message Marker boards, asdefined in Carlsbad Municipal Code, title 21, section 21.41.005 ("a board designed for displaying images made by chalk, markers or similar devices; includes devices commonly known as blackboards, whiteboards and chalkboards") Mobile billboards or any other type of vehicle whose primary purpose is displaying general advertising that is moving or parked on City streets Off-site commercial signs Portable signs with commercial messages Signs attached to trees, plants, rocks, fences, utility poles/cabinets or other objects, the primary function of which is not to support a sign Signs blocking doors, fire escapes or public rights-of-way Signs erected on or over public property including public easements and public rights-of-way, except those needed for traffic and public safety Signs simulating in color or design a traffic sign or signal or usingwords, symbols, or characters in such a manner as to be Agua Hedionda 85/15 Specific Plan 3.0-46 Q-87 C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE Table 3.0-9 Prohibited Signs Applicable to All Designations within Specific Plan reasonably likelyto interfere with, mislead or confuse pedestrian or vehicular traffic Signs that do not conform with applicable Uniform Building Code and National Electric Code regulations Unsafe signs, as defined in Carlsbad Municipal Code, title 21, section 21.41.005 ("a sign posing an immediate peril or reasonably foreseeable threat of injury or damage to persons or property on account of the condition of the physical structure of the sign or its mounting mechanism. A sign may not be considered "unsafe" within this definition by virtue of the message displayed thereon") 3.5.6.5 Application and Fees A sign application may be made by the Specific Plan applicant or any person owmng or occupying space in the Specific Plan area who desires to install a sign or such person's designee. The application shall: 2 • Be made in writing on a form provided by the City Planner;2 • State fully the circumstances and conditions relied upon as grounds for the application; and • Be accompanied by plans and all other materials as specified by the City Planner, including the following: o A drawing to scale showing the design of the sign, including dimensions, sign size, colors (applies to commercial message signs only), materials, method of attachment, source of illumination and showing the relationship to any building or structure to which it is proposed to be installed or affixed or to which it relates. o A plan, including all dimensions, drawn to scale indicating the location of the sign relative to the property line, rights-of-way, streets, sidewalks, vehicular access points and existing buildings or structures and off-street parking areas located on the premises. o The number, size, type and location of all existing signs on the same building, lot or premises. o Any structural information and plans necessary to ensure compliance with the latest adopted building code and electrical code. • At the time of filing the application, the Specific Plan applicant or its designee shall pay any sign-off and plan checking fee contained in the City's most recent fee schedule. The Specific Plan's use of the term "City Planner" (as assigned by the City Manager or designee) shall mean the Senior City Planner of the City of Carlsbad. For further information, refer to Chapter 6.0, Implementation, of the Specific Plan. Agua Hedionda 85/15 Specific Plan 3.0-47 Q-88 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE 3.5.6.6 Exclusive Sign Procedures It shall be unlawful for any person to affix, place, erect, suspend, attach, construct, structurally or electrically alter (not including a change in sign copy or sign face), move or display any temporary or permanent sign within the Specific Plan area without first obtaining sign-off from the City Planner in accordance with the exclusive provisions herein. In addition: • Sign-off on any sign within the Specific Plan area shall not be required for cleaning or other normal maintenance of an existing sign, unless a structural or electrical change is made. • An application for a sign may be signed-off by the City Planner based on review of the facts set forth in the application and any applicable sign checklists on forms provided by the City. o The City Planner shall act on the application within 15 days after receiving a completed application. o The City Planner shall sign-off on the completed application if all of the following criteria are satisfied: • The proposed sign conforms to all size, height, and other objective standards for signs as set forth in the Specific Plan development standards (see Chapter 3.0) and its design guidelines (see Chapter 4.0). • The proposed sign conforms to the objective construction standards of the latest adopted building and electrical codes. • Each sign within the Specific Plan area shall become effective immediately upon sign-off by the City Planner. There shall be no appeal of the City Planner sign-off, nor any hearing or any deliberation. • If the City Planner sign-off has become effective, but the sign has not been installed within six months after the date of sign-off (with a 30-day grace period), such sign-off shall become null and void. • There shall be no sign "program" required within the Specific Plan area. Agua Hedionda 85/15 Specific Plan 3.0-48 Q-89 \ 6 o•--•soc::0==1:::J,000 W Feet D Specific Plan Boundary NAP Not A Part L _] SDG&E Easement ---- HMP Hardline (Source: City of Carlsbad) Californ ia Coastal Commission Open Space Deed Restriction Access Roads AGUA HEDIONDA LAGOON Land Use Areas - Habitat Management Plan Open Space (HMP-OS) (75.8 acres) D Passive Open Space (P-OS) (Primarily Native Habitat Restoration) (39.4 acres) Exclusive Agricultural Open Space (EAG-OS) (45 .6 acres) Agricultural Support Open Space (AGS-OS) (1 5.9 acres) D Visitor-Serving Commercial (VSC) (26.7 acres) Land Use Overlay -Bike Route Overlay NOTE: Land use acreages may not • sum precisely due to rounding. Figure 3.0-1 Conceptual Land Use Piao I C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE INTENTIONALLY LEFT BLANK Agua Hedionda 85/15 Specific Plan 3.0-50 Q-91 -0 (>'I ~---· 0 EXHIBIT C LAND USE PLAN LOW MEDIUM (0-4} RM MEDIUM (4-10) RMH MEDIUM-HIGH (10-20)) RH TY (20-30 HIGH DENSI COMMERCIAL RC RECREATIONAL TS TRAVEL SERVICES OS OPEN SPACES U UTILITIES NOTTO SCALE I L __ OS / 'L...---.. , I \ ....:... __ _/ '-------- ·--... ..,,. , '-- \ I Figure 3.0-2 1982) Exhibit C Hedionda LUP ( Only Agua ti ational Purposes Forln orm C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE INTENTIONALLY LEFT BLANK Agua Hedionda 85/15 Specific Plan 3.0-52 Q-93 \ 500 D Specific Plan Boundary NAP Not A Part r-1 SDG&E Easement L _ _J -·-· SO-Foot Bluff Setback AGUA HEDIONDA LAGOON Maximum Building Heights D 0-35' Maximun Building Height 0_25, Maximum Building Height 0-20' Maximum Building Height ~ O' Bu ilding Height (No Structures or Buildings} Figure 3.0-3 Maxium Building Heights and Bluff Setback C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE INTENTIONALLY LEFT BLANK Agua Hedionda 85/15 Specific Plan 3.0-54 Q-95 8 1,000 ----=======i Feet 0 500 D Specific Plan Boundary NAP Not A Part r-7 SDG&E Easement L_....J ~ HMP Hardl ine (Source: City of Carlsbad) ■ • AGUA HEDIONDA LAGOON Proposed Trails Picn ic Areas LUP Vista Point NOTE: The location and routing or the trails, bike routes, access roads, vista points, and picn ic areas are conceptual and approximate; and may change consistent with the Specific Plan. * Proposed Bike Route Proposed Access Roads Alternate Driveway Location Figure 3.0-4 Conceptual Trails and Circulation Plan INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 3.0 -LAND USE INTENTIONALLY LEFT BLANK Agua Hedionda 85/15 Specific Plan 3.0-56 Q-97 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 4.0 -DESIGN GUIDELINES 4.0 4.1 DESIGN GUIDELINES PURPOSE AND SCOPE The purpose of this chapter is to provide guidelines to describe the visual character desired for development of the Specific Plan area. The Design Guidelines address issues that are primarily aesthetic in nature and subject to a variety of solutions. Due to varying interpretations of aesthetic design, flexibility should be permitted to encourage design innovations and changes in design standards that occur over time. For these reasons, rigid adherence to the Specific Plan's Design Guidelines is not intended. Instead, development within the Specific Plan area should be evaluated for its substantial conformance to the general intent associated with the guidelines set forth below. Refer to Chapter 6.0, Implementation, of the Specific Plan for further information concerning implementation of this Specific Plan. The Design Guidelines herein shall be interpreted and implemented in a manner that conforms with the Coastal Resources Planning and Management Policies set forth in the Coastal Act, Chapter 3, Articles 1-6, with regard to (as applicable) public access, water-oriented recreation activities, marine environment, commercial fishing, recreation boating, environmentally sensitive habitat areas, prime agricultural land, and scenic and visual qualities of coastal areas. These Design Guidelines also shall be interpreted and implemented in a manner that conforms with the policies of the Agua Hedionda Land Use Plan (1982), as amended by the Specific Plan Initiative. 4.2 4.2.1 HABITAT MANAGEMENT PLAN OPEN SPACE (HMP-OS) DESIGN GUIDELINES General Guidelines No buildings or structures are allowed within areas designated HMP-OS (other than utilities and infrastructure) and therefore no architectural design guidelines are required. However, maintenance of overhead and underground utility areas may occur within this restricted area. 4.2.2 Fencing • All fencing will be consistent with the Specific Plan's character and natural context. • The two main categories of fences that will be used for open space areas are security fences and low barriers. Low barriers also will include hedgerows as a substitute to constructed fences. Both types of fences may be coupled with vegetative buffers that Agua Hedionda 85/15 Specific Plan 4.0-1 Q-98 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 4.0 -DESIGN GUIDELINES support integrative pest management and that create aesthetically pleasing and high- functioning barriers. • The use of chain-link fencing will be limited to the security facilities and areas that are not highly visible. • Low barrier fencing will be used to separate different land uses and as a border along trails to protect native habitat areas and restoration areas from adjacent uses. Fencing types appropriate for low barriers includes grape-stake fencing, split-rail fencing with rope, lodgepole fencing with rope, and corral fencing with barbless/smooth wire. All fence posts will be wooden or composed of recycled materials that are wooden in appearance. • Fencing in proximity to vista point, picnic areas, and seating areas will be sited to avoid obstructing views, or of a design that allows for views through the fencing. 4.2.3 Signage • Interpretive signs: Interpretive signs will be provided in proximity to public use areas, as well as along perimeter and interior trails, and wherever there is a natural element, which will be highlighted for educational value. Interpretive signs will be minimal in size and blend with the landscape. Text and graphics displayed on interpretive signs will be specific to the site resources and the Specific Plan area. • Wayfinding signs: Wayfinding signs will be used at key decision points to direct foot traffic, such as at key trail intersections and vista points. Signs will be appropriate in height/size for human interaction and not be oversized. Signs will utilize materials to blend with the surrounding landscape. Signs with open space maps and general open space information, such as hours of operation and regulations, will be posted at all parking areas and at non-vehicular entrances. • ADA signs: Americans with Disabilities Act (ADA) signs will be used as required and utilize materials to blend with the surrounding landscape as much as possible. • Restrictive use signs: Restrictive use signs will be posted where necessary to preclude access to areas that need to be protected from interference and or to designate areas that are undergoing revegetation and/or restoration processes. • All signs should be durable and made of natural materials where possible. Agua Hedionda 85/15 Specific Plan 4.0-2 Q-99 - INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 4.0 -DESIGN GUIDELINES 4.3 4.3.1 PASSIVE OPEN SPACE (P-OS) DESIGN GUIDELINES General Guidelines All built structures will use forms, materials, and aesthetics that are compatible, and complementary, to the buildings in the Carlsbad area and wider coastal region. In general, they will be low-key and integrate into the overall open space character through the selection of materials and overall massing. Passive open space will allow passive recreational and educational access in designated pedestrian areas. The support structures and facilities within the passive open space will allow for guest comfort and be sited within the natural landscape in a complimentary fashion. Existing and future SDG&E easements allow an underground gas line and overhead electric transmission and distribution lines to traverse the southern portion of the Specific Plan area. In addition, the Specific Plan area is subject to various utility, access, and other easements, including a future easement for utilities and communications (above and below ground) and associated facilities and infrastructure. Maintenance of overhead and underground utility areas may occur within the P-OS designation. 4.3.1.1 Building Structures • Structures used by the public will have minimal effects on the locale and adjacent environments; and highlight the site's views to the agricultural land and natural lagoon, wetlands, and natural open space areas. • Structure design will employ sustainable, green design and technologies, such as natural lighting and passive design solutions. • Visual resources and natural landforms will be maintained by conserving prominent topographic features and contouring trails to follow existing topography. • Preservation of existing vegetation as well as the planting of new vegetation appropriate to the site will be encouraged to avoid or minimize visual effects. • Structures and improvements will incorporate designs in which scale, mass, and height respect the undisturbed character of the area. Designs will follow existing topography, blend in with the natural landscape, and minimize visual prominence. 4.3.1.2 Colors and Materials • Colors and materials used for structures will be appropriate for the type of structure and architecture and blend in with the landscape backdrop to minimize visual effects. Agua Hedionda 85/15 Specific Plan 4.0-3 Q-100 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 4.0 -DESIGN GUIDELINES 4.3.1.3 Site Furnishings • Site furnishings will be made of materials such as metal, stone, concrete, or wood, and have natural or neutral colored finishes. • All site furnishings will be consistent with the site's character and utilize timeless design styles that enhance the visitor experience while respecting the natural environment and agricultural heritage of the area. 4.3.1.4 Picnic Areas • Picnic areas will be sited and grouped to allow flexibility of programming use for different group sizes and be in relative proximity to parking areas. • Drinking fountains, restrooms, and receptacles for trash and recycling will be located in close proximity to parking and the VSC land use designation. 4.3.2 Building/Parking/Adjacent Use Orientation • Parking areas will be unobtrusive. • Parking area layout and design will include a flow for traffic movement pattern, provide adequate turning radii, provide for a useful pedestrian circulation system, and facilitate convenient parking locations. • Designs will minimize effects by contouring to the natural topography and incorporating landscaping to enhance the visual appearance and transition to the agricultural and open space areas. 4.3.3 Pedestrian Areas and Linkages • Public trails and pathways will: o Provide an environment that invites visitors, residents, and others to experience the open space areas for recreation and education purposes. o Provide convenient connections between parking, outdoor spaces, vista points, picnic areas, intermediate trail connections, and other uses within the Specific Plan area. o Be composed of natural materials such as decomposed granite, with appropriate edging materials. o Include transitional trees, shrubs, and pedestrian-scaled light fixtures where necessary for security. Agua Hedionda 85/15 Specific Plan 4.0-4 Q-101 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 4.0 -DESIGN GUIDELINES • Enhanced paving, such as textured and/or colored concrete, will only be used at key connection points to adjacent areas, at trail entry points, and in proximity to parking areas and restroom facilities. • Site furniture and similar pedestrian amenities will be incorporated into the trails and pathways. • Pedestrian amenities will not interfere with pedestrian movement along trails and pathways. • The use of landscaping will reinforce pedestrian connections; for example, paving and planting design will identify and highlight pedestrian connections by establishing a visual separation between vehicular and pedestrian routes. • Native species plant materials appropriate to the context will be utilized to provide a transition from the ornamental planting areas to the natural open space areas. • Buffers and fencing will be used to protect preserved habitat areas from trail users. 4.3.4 Landscape Design • Landscape design, along with its accompanying elements, will be in keeping with the surrounding indigenous and native vegetation found within the HMP-OS land use designation. • The plant pallet will use the latest landscape techniques available for drought-tolerant or low-water applications. The use of native plant species wherever possible will ensure the continuity of the current habitats with the new design. There will be no invasive plant species used anywhere within the Specific Plan area. • Design strategies will vary depending on location and requirement, various plant types, sizes, spacing, and maintenance techniques. However, designs will incorporate localized requirements for each area. These designs should enhance current views and contribute to the requirement to conserve water, protect natural habitats, and consider pedestrian safety and security. • Use of vegetated or bio-swales will be utilized along the development edges to assist with the capture and filtration of stormwater. These swales will be landscaped so that they enhance the surrounding areas. They may be planted with mixes of native drought tolerant grasses, groundcovers or wildflowers so that they take on the seasonal appearance of their adjacent areas. These areas will require periodic maintenance to ensure they are able to continually undertake their design intent. • Inert materials such as landscape stones or gravel will be utilized in parking or high traffic areas to reduce maintenance, reduce potential excess water usage, or eliminate the need for irrigation altogether. Low-level landscape walls will be utilized to help define spaces, assist way finding, encourage planters, provide non-structural retaining systems or security; they Agua Hedionda 85/15 Specific Plan 4.0-5 Q-102 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 4.0 -DESIGN GUIDELINES also could be used as potential seating areas. Examples of these areas could be gabions with native stone or recycled materials, cast-in-place concrete, or masonry. • Irrigation design will include an automatic system utilizing low-water use pop-up spray heads, rotors, and pressure compensating bubblers where appropriate. The system will be controlled by a number of weather-based irrigation controllers, which allow for more accurate customizable irrigation in response to changing weather conditions. This system will allow the application of water to meet the appropriate amount to ensure maximum infiltration into the soil and plant root zones thus avoiding runoff or ponding. 4.3.5 Fencing • All fencing will be consistent with the Specific Plan's character and natural context. • The two main categories of fences that will be used for open space areas are security fences and low barriers. Low barriers also will include hedgerows as a substitute to constructed fences. Both types of fences will be coupled with vegetative buffers that support integrative pest management and that create aesthetically pleasing and high- functioning barriers. • The use of chain-link fencing will be limited to the security facilities and areas that are not highly visible. • Low barrier fencing will be used to separate different land uses and as a border along trails to protect native habitat areas and restoration areas from adjacent uses. Fencing types appropriate for low barriers includes grape-stake fencing, split rail fencing, lodgepole fencing, and corral fencing with barbless/smooth wire. All fence posts will be wooden or composed of recycled materials that are wooden in appearance. • Fencing in proximity to vista points, picnic areas, and seating areas will be sited to avoid obstructing views, or of a design that allows for views through the fencing. 4.3.6 Signage • Parking signs: Parking signs will be used to direct vehicular traffic to designated parking locations and pedestrian traffic from the parking areas to their final destinations. Parking signs will be used minimally to maintain natural sight lines and utilize materials to blend with the surrounding landscape. • Interpretive signs: Interpretive signs will be provided in proximity to public use areas, as well as along perimeter and interior trails, and wherever there is a natural element, which will be highlighted for educational value. Interpretive signs will be minimal in size Agua Hedionda 85/15 Specific Plan 4.0-6 Q-103 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 4.0 -DESIGN GUIDELINES and blend with the landscape. Text and graphics displayed on interpretive signs will be specific to the site resources and the Specific Plan area. • Wayfinding signs: Wayfinding signs will be used at key decision points to direct foot traffic, such as at key trail intersections and vista points. Signs will be appropriate in height/size for human interaction and not be oversized. Signs will utilize materials to blend with the surrounding landscape. Signs with open space maps and general open space information, such as hours of operation and regulations, will be posted at all parking areas and at non-vehicular entrances. • ADA signs: ADA signs will be used as required and utilize materials to blend with the surrounding landscape as much as possible. • Restrictive use signs: Restrictive use signs will be posted where necessary to preclude access to areas that need to be protected from interference and/or to designate areas that are undergoing revegetation and/or restoration processes. • All signs will be durable and made of natural materials where possible. 4.4 4.4.1 EXCLUSIVE AGRICULTURE OPEN SPACE (EAG-OS) DESIGN GUIDELINES General Guidelines All built structures and improvements will use forms, materials, and aesthetics compatible and complementary, to the buildings in the Carlsbad area and coastal region. In general, they will be low-key and integrate into the overall open space character through the selection of colors, materials, and overall massing. Existing and future SDG&E easements allow an underground gas line and overhead electric transmission and distribution lines to traverse the southern portion of the Specific Plan area. In addition, the Specific Plan area is subject to various utility, access, and other easements, including a future easement for utilities and communications (above and below ground) and associated facilities and infrastructure. Maintenance of overhead and underground utility areas may occur within the EAG-OS designation. The EAG-OS area is intended to allow for the continuation of a mix and variety of agriculture, including row crops, strawberry farming, and costal agriculture; and other accessory or related uses that support or promote the continuation of agriculture. 4.4.1.1 Building Mass and Scale • Structures used for agricultural operations, such as greenhouses and storage buildings, shall be low-key but permanent in appearance, and functional for agriculture growing and packing. Agua Hedionda 85/15 Specific Plan 4.0-7 Q-104 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 4.0 -DESIGN GUIDELINES • Buildings used by the public will have minimal effects on the locale and adjacent environments, highlight the site's views to the agricultural land and the Agua Hedionda Lagoon, wetlands, and natural open space areas. • Building design will employ sustainable, green design and technologies, such as natural lighting and passive design solutions. 4.4.1.2 Colors and Materials • Colors and materials will blend with the landscape backdrop to minimize visual impacts. 4.4.1.4 Site Furnishings • Site furnishings will be made of materials such as metal, wood, masonry, and concrete where appropriate, and will have natural or neutral colored finishes. All site furnishings will be consistent with the Specific Plan area character and relate to architectural style of the Specific Plan area. 4.4.2 Building/Parking/Adjacent Use Orientation • Vehicular and pedestrian entries will be clearly identified and meet ADA requirements. • Surface parking areas will be unobtrusive. • Parking area layout and design will include a flow for traffic movement pattern, provide adequate turning radii, provide for a useful pedestrian circulation system, and facilitate convenient parking locations. • Designs will minimize effects by contouring to the natural topography and incorporating landscaping to enhance the visual appearance and transition to the agricultural and open space areas. 4.4.3 Pedestrian Areas and Linkages • Public trails and pathways will: o Provide an environment that invites visitors to experience the agricultural open space areas for recreation and education purposes without interfering with or causing intrusion into agricultural operations. o Provide convenient connections between parking, outdoor spaces, vista points, picnic areas, intermediate trail connections, and other uses within the Specific Plan area. Agua Hedionda 85/15 Specific Plan 4.0-8 Q-105 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 4.0 -DESIGN GUIDELINES • Hard surface paving, such as textured and/or colored concrete, will only be used at key connection points to adjacent areas, at trail entry points, and in proximity to parking areas and restroom facilities. • Public pathways will include transitional trees and shrubs and pedestrian-scaled light fixtures where necessary for security. • The use of landscaping will reinforce pedestrian connections; for example, paving and planting design will identify and highlight pedestrian connections by establishing a visual separation between vehicular and pedestrian routes. • Native and non-invasive species plant materials appropriate to the context will be utilized to provide a transition from the ornamental planting areas to the natural open space areas. 4.4.4 Landscape Design • Landscape and design will be in keeping with indigenous and native vegetation and not interfere or intrude with agricultural operation or crops. • Native plant materials will be used in conjunction with non-invasive and drought tolerant ornamental landscape to identify public areas and soften the appearance of structures in these areas. There will be no invasive plant species used anywhere within the Specific Plan area. 4.4.5 Fencing • All fencing will be consistent with the Specific Plan's character and natural context. • The two main categories of fences that will be used are security fences and low barriers. Low barriers also will include hedgerows as a substitute to constructed fences. Both types of fences will be coupled with vegetative buffers that support integrative pest management and that create aesthetically pleasing and high-functioning barriers. • The use of chain-link fencing will be limited to the security facilities and areas that are not highly visible. • Low barrier fencing will be used to separate different land uses and as a border along trails to protect native habitat areas and restoration areas from adjacent uses. Fencing types appropriate for low barriers includes grape-stake fencing, split-rail fencing with rope, lodgepole fencing with rope, and corral fencing with barbless/smooth wire. All fence posts will be wooden or composed of recycled materials that are wooden in appearance. • Fencing in proximity to vista points, picnic areas, and seating areas will be sited to avoid obstructing views, or of a design that allows for views through the fencing. Agua Hedionda 85/15 Specific Plan 4.0-9 Q-106 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 4.0 -DESIGN GUIDELINES 4.4.6 Lighting • Lighting that is necessary for agricultural operations, safety, and security will be compatible with adjacent uses. • Low-level lighting will be used to provide at limited areas such as driveways, parking areas, support facilities, and restrooms. Exposed fixtures illuminated bollards and poles, if used, will be in a color that that blends with the natural landscape. All lamps will be shielded to minimize impact and glare on surrounding areas and land use designations. 4.4.7 Signage • Monument signs: Monument signs will utilize materials to blend with the surrounding landscape. • Parking signs: Parking signs will be used to direct vehicular traffic to designated parking locations and pedestrian traffic from the parking lots to their final destinations. Parking signs will be used minimally to maintain natural sight lines and utilize materials to blend with the surrounding landscape. • Interpretive signs: Interpretive signs will be provided in proximity to public use areas, as well as along perimeter and interior trails, and wherever there is a natural element, which will be highlighted for educational value. Interpretive signs will be minimal in size and blend with the landscape. Text and graphics displayed on interpretive signs will be specific to the site resources and the Specific Plan area. • Wayfinding signs: Wayfinding signs will be used at key decision points to direct foot traffic, such as at key trail intersections and vista points. Signs will be appropriate in height/size for human interaction and will not be oversized. Signs will utilize materials to blend with the surrounding landscape. Signs with maps and general information, such as hours of operation and regulations, will be posted at all parking lots and at non-vehicular entrances. • ADA signs: ADA signs will be used as required and utilize materials to blend with the surrounding landscape as much as possible. • Restrictive use signs: Restrictive use signs will be posted where necessary to preclude access to areas that need to be protected from interference and/or to designate areas that are undergoing revegetation and/or restoration processes. • All signs will be durable and made of natural materials where possible. Agua Hedionda 85/15 Specific Plan 4.0-10 Q-107 c. INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 4.0 -DESIGN GUIDELINES 4.5 4.5.1 AGRICULTURAL SUPPORT OPEN SPACE (AGS-OS) General Guidelines All built structures and improvements will use forms, materials, and aesthetics compatible and complementary, to the buildings in the Carlsbad area and coastal region. In general, they will be low-key and integrate into the overall open space character through the selection of colors, materials, and overall massing. Existing and future SDG&E easements allow an underground gas line and overhead electric transmission and distribution lines to traverse the southern portion of the Specific Plan area. In addition, the Specific Plan area is subject to various utility, access, and other easements, including a future easement for utilities and communications (above and below ground) and associated facilities and infrastructure. Maintenance of overhead and underground utility areas may occur within the A GS-OS designation. The AGS-OS area is intended to allow for the continuation of strawberry farming, orchard trees, herb gardens, farmers' market crops, and row crops; and other accessory or related uses that support or promote the continuation of equivalent or similar agricultural uses. 4.5.1.1 Building Mass and Scale • Structures will complement the character of the Specific Plan area, and the design will be low-key but permanent in appearance. • Buildings used by the public will have minimal effects on the locale and adjacent environments, highlight the site's views to the agricultural land and the Agua Hedionda Lagoon, wetlands, and natural open space areas. • Building design will employ sustainable, green design and technologies, such as natural lighting and passive design solutions. 4.5.1.2 Colors and Materials • Colors and materials will blend with the landscape backdrop to minimize visual impacts. 4.5.1.3 Site Furnishings • Site furnishings will be made of materials such as metal, wood, masonry, and concrete where appropriate, and will have natural or neutral colored finishes. All site furnishings will be consistent with the Specific Plan area character and relate to architectural style of the Specific Plan area. Agua Hedionda 85/15 Specific Plan 4.0-11 Q-108 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 4.0 -DESIGN GUIDELINES 4.5.2 Building/Parking/Adjacent Use Orientation • Vehicular and pedestrian entries will be clearly identified and meet ADA requirements. • Parking areas will be unobtrusive. • Parking area layout and design will include a flow for traffic movement pattern, provide adequate turning radii, provide for a useful pedestrian circulation system, and facilitate convenient parking locations. • Designs will minimize effects by contouring to the natural topography and incorporating landscaping to enhance the visual appearance and transition to the agricultural and open space areas. 4.5.3 Pedestrian Areas and Linkages • Public trails and pathways will: o Provide an environment that invites visitors to experience the agricultural open space areas for recreation and education purposes. o Provide convenient connections between parking, outdoor spaces, vista points, picnic areas, intermediate trail connections, and other uses within the Specific Plan area. • Hard surface paving, such as textured and/or colored concrete, will only be used at key connection points to adjacent areas, at trail entry points, and in proximity to parking areas and restroom facilities. • Public pathways will include transitional trees and shrubs and pedestrian-scaled light fixtures where necessary for security. • The use of landscaping will reinforce pedestrian connections; for example, paving and planting design will identify and highlight pedestrian connections by establishing a visual separation between vehicular and pedestrian routes. • Native species plant materials appropriate to the context will be utilized to provide a transition from the ornamental planting areas to the natural open space areas. 4.5.4 Landscape Design • Landscape and design will be in keeping with indigenous and native vegetation and not interfere or intrude with agricultural operation or crops. Agua Hedionda 85/15 Specific Plan 4.0-12 Q-109 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 4.0 -DESIGN GUIDELINES • Native plant materials will be used in conjunction with non-invasive and drought tolerant ornamental landscape to identify public areas and soften the appearance of structures in these areas. There will be no invasive plant species used anywhere within the Specific Plan area. • Landscaping will be utilized as a visual buffer (e.g., orchard trees) and be compatible with the surrounding native vegetation and preserved open space. • Planting design strategies will vary according to plant types, sizes, and spacing appropriate for locations within the open space. The planting design will enhance views, conserve water and contribute to safety and security. These specific strategies will inform planting design: • Hedges, windbreaks, or orchard trees will be used to screen service areas and to frame views. Hedges will not be too dense as to obscure views that may compromise security or visitor-serving commercial areas. • At gateways, entries, and crossings, decorative or flowering plant materials will be used to announce arrival, frame signs, and invoke the Specific Plan's overall design style. • Entry areas, crossings, and buildings or structures will use pedestrian-scaled planting to provide variety, texture, color, and seasonal interest. • Masses of spreading groundcovers and clumping grasses at edges, services areas, and pedestrian connectors will be used to provide continuity, efficiency, and ease of maintenance. • Vegetated swales will be located along the development edges to capture and filter stormwater. The swales will be landscaped and irrigated to minimize water use and in some areas may not be irrigated. The swales will employ a combination of planting solutions. In some locations, swales will be lined with seasonal, drought-tolerant grasses and wildflowers and remain unirrigated permitting the vegetation to vary in appearance as climatic conditions change through the year. Where swales occur adjacent to pedestrian circulation or at entries, shrub masses will be used. • Inert materials such as decorative stones and gravels will be used in parking and service areas to reduce irrigation water use or eliminate the need for irrigation and to simplify landscape maintenance. • Low landscape walls will be used to help define spaces, provide orientation, and create seating. Potential wall types include masonry, cast-in-place concrete, and gabion walls. Low walls will be used for raised planters or to retain grades. • Outdoor site furnishings will be of high-quality construction and in styles consistent with the landscape theme. Agua Hedionda 85/15 Specific Plan 4.0-13 Q-110 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 4.0 -DESIGN GUIDELINES 4.5.5 Fencing • All fencing will be consistent with the Specific Plan's character and natural context. • The two main categories of fences that will be used are security fences and low barriers. Low barriers also will include hedgerows as a substitute to constructed fences. Both types of fences will be coupled with vegetative buffers that support integrative pest management and that create aesthetically pleasing and high-functioning barriers. • The use of chain-link fencing will be limited to the security facilities and areas that are not highly visible. • Low barrier fencing will be used to separate different land uses and as a border along trails to protect native habitat areas and restoration areas from adjacent uses. Fencing types appropriate for low barriers includes grape-stake fencing, split-rail fencing with rope, lodgepole fencing with rope, and corral fencing with barbless/smooth wire. All fence posts will be wooden or composed of recycled materials that are wooden in appearance. • Fencing in proximity to vista points, picnic areas, and seating areas will be sited to avoid obstructing views, or of a design that allows for views through the fencing. 4.5.6 Lighting • Lighting that is necessary for agricultural operations will be compatible with adjacent uses. • Lighting will be used to provide at limited areas such as driveways, parking areas, support facilities, restrooms, and as necessary for safety and security purposes. Exposed fixtures illuminated bollards and poles, if used, will be in a color that blends with the natural landscape. All lamps will be shielded to minimize impact and glare on surrounding areas and land use designations. • All light standards will be consistent with respect to design, materials, color and color of light, and overall architectural style. 4.5.7 Signage • Monument signs: Monument signs will utilize materials to blend with the surrounding landscape. • Parking signs: Parking signs will be used to direct vehicular traffic to designated parking locations and pedestrian traffic from the parking lots to their final destinations. Parking signs will be used minimally to maintain natural sight lines and utilize materials to blend with the surrounding landscape. Agua Hedionda 85/15 Specific Plan 4.0-14 Q-111 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 4.0 -DESIGN GUIDELINES • Wayfinding signs: Wayfinding signs will be used at key decision points to direct foot traffic, such as at key trail intersections and vista points. Signs will be appropriate in height/size for human interaction and will not be oversized. Signs will utilize materials to blend with the surrounding landscape. Signs with maps and general information, such as hours of operation and regulations, will be posted at all parking lots and at non-vehicular entrances. • ADA signs: ADA signs will be used as required and utilize materials to blend with the surrounding landscape as much as possible. • Restrictive use signs: Restrictive use signs will be posted where necessary to preclude access to areas that need to be protected from interference and/or to designate areas that are undergoing revegetation and/or restoration processes. All signs will be durable and made of natural materials where possible. 4.6 4.6.1 VISITOR-SERVING COMMERCIAL (VSC) DESIGN GUIDELINES General Guidelines The VSC will provide for a variety of guest experiences and multiple reasons for visiting. The VSC designated areas will employ an architecture that is both complementary and compatible with the visitor-serving commercial design throughout the region. The architectural style, layout, and aesthetics will encourage a character and experience that is both reminiscent and respectful of the recent history of the Carlsbad area, while providing for the identity of the individual tenants and for future flexibility as visitor-serving commercial design concepts evolve. A variety of architectural styles found within coastal California, appropriate for the number of individual tenant suites, will contribute to the sense that the buildings have evolved over time. The VSC- designated areas will ensure a smooth transition to the surrounding community and adjacent natural open space. No singular architectural style or theme will be used; rather, a variety of architectural styles will be combined in a varied and sophisticated way to create a character that is respectful, functional, fun, and engaging for the visitors. • Buildings will be designed to reflect the lifestyle of the local communities and the plentiful natural environment surrounding the Specific Plan area. • Buildings will be sited so that architectural focal points provide a sense of place and orient visitors to the site. • Buildings will shield the pedestrian open space areas from freeway visibility and noise. • Buildings will maintain a human scale and create interactive spaces for pedestrians as they move throughout the site. Agua Hedionda 85/15 Specific Plan 4.0-15 Q-112 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 4.0 -DESIGN GUIDELINES • Architectural details will enhance the design and character of buildings. Smaller scale buildings and visual permeability will be greatest nearest to the Agua Hedionda Lagoon and bluff edge. The overarching design objectives for the VSC-designated areas are as follows: • Create a pedestrian--oriented visitor-serving commercial environment with paths, courtyards, and plazas. • Provide a centrally located parking in a "park once" facility that encourages visitors to enjoy an extended stay within the Specific Plan area, including utilization of the VSC uses and open space amenities . • Create building layouts and public areas that encourage community gathering, such as courtyards and pathways. • Provide outdoor dining with a variety of patio dining options and lagoon views. • Create buildings with architectural focal points that provide a sense of place and allow for distinct, yet varied characters within different areas. • Provide vistas for long views within the Specific Plan area, as well as surrounding areas. • Create buildings with a human scale and create interactive spaces for pedestrians as they move throughout the site. • Vary the height and scale of buildings and structures. • Create architectural details that enhance the design and character of buildings and spaces around them. • Create compatible and complementary landscape, features, and signs, all within the framework of the various architectural styles of the Specific Plan area. Existing and future SDG&E easements allow an underground gas line and overhead electric transmission and distribution lines to traverse the southern portion of the Specific Plan area. In addition, the Specific Plan area is subject to various utility, access, and other easements, including a future easement for utilities and communications ( above and below ground) and associated facilities and infrastructure. Maintenance of overhead and underground utility areas may occur within the VSC-OS designation. Agua Hedionda 85/15 Specific Plan 4.0-16 Q-113 C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 4.0 -DESIGN GUIDELINES 4.6.1.1 Building Mass and Scale • Where practical, building elevations will encourage variety, articulation, and details that create visual interest. • Building areas without storefronts will have a variety of fa9ade materials, alignment, and details to visually reduce their impact and minimize any repetition. • Periodically, building design will reflect a regular and uniform pattern of alternating fa9ades. • Buildings will use materials that portray a sense of permanence, variety, and high quality, both in their individual content as well as their adjacencies and combinations. • Some variation in rooflines, cornices, and molding at the top of fa9ades will be used to reflect the vertical massing of the buildings and illustrate architectural variety. • Occasional changes in materials and colors will occur at the building plane. The use of murals, trellises, or vines placed intermittently on large expanses of walls will be used to soften walls and create visual interest. 4.6.1.2 Colors and Materials • Exterior building materials and color scheme will be complementary to the architectural style. • Colors on fa9ade elements will be coordinated. • When feasible, accent materials will be incorporated including veneer finishes, manufactured stones, split-face concrete masonry units, metal wall panels, and lap siding. Where appropriate, building materials will be used to highlight main building entrances or distinguish the building base. 4.6.1.3 Entries • Building entries will be pronounced and easily recognizable. • The majority of building entrances will be oriented toward the streets and outdoor spaces. • Where practical, entrances will be clearly expressed with overhangs and distinctive materials to enhance the architecture. • Building entries will contribute to the building's design character and provide some climate protection. Agua Hedionda 85/15 Specific Plan 4.0-17 Q-114 C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 4.0 -DESIGN GUIDELINES 4.6.1.4 Articulation Building articulation refers to street frontage design elements, both horizontal and vertical, that help create visual interest. Buildings will provide architectural interest and avoid large expanses of blank walls. To achieve articulation, a variety of design elements will be utilized including fenestration, color, texture, and the use of varied materials. • The three traditional parts of a building-base, mid-section, and top-will be defined through the periodic use of wall articulation and/or contrasting materials and colors. • Where practical, the planes of exterior building walls will create a sense of depth. • Vertical elements such as towers will occasionally be used to accent horizontal massing and provide visual interest. 4.6.1.5 Roofs and Parapets • Some variation in rooflines will occasionally be used on buildings. • Parapet walls, roof types, and cornices will be complementary to the overall architectural style. • Cornices will be scaled appropriately to the height and size of the wall and visible roof area. 4.6.2 Building/Parking/Adjacent Use Orientation • Parking areas will be unobtrusive. Parking area layout and design will include a flow for traffic movement pattern, provide adequate turning radii, provide for a useful pedestrian circulation system, and facilitate convenient parking locations. Designs will minimize effects by contouring to the natural topography and incorporating landscaping to enhance the visual appearance and transition to the agricultural and open space areas. 4.6.3 Pedestrian Areas and Linkages The VSC designation allows for open space areas that can accommodate outdoor commercial activities, seasonal recreation and entertainment activities, and casual pedestrian meeting places. Open space plazas will be connected through pedestrian walkways. Pedestrian areas can provide an environment that invites visitors, workers, and residents to stores and create an informal social area. Pedestrian pathways can provide convenient connections between storefronts, outdoor spaces, and parking. • Courtyards, plazas, enhanced paving, street furniture, and similar pedestrian amenities will be incorporated into the VSC-designated areas where practical. Agua Hedionda 85/15 Specific Plan 4.0-18 Q-115 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 4.0 -DESIGN GUIDELINES • Individual activity areas will be linked through a senes of pedestrian pathways that culminate in an interconnected system of pedestrian plazas creating a variety of open spaces. The pedestrian pathway system also will connect to the adjacent open space lands. • Clearly marked and direct pedestrian pathways will be provided that connect parking areas with sidewalks and storefronts. • Pedestrian pathways will provide a visual, as well as protective linkage between uses. • A variety of paving materials will be used to reinforce a hierarchy of pedestrian zones. Paving choices will be consistent with the architectural style of the buildings on the site. Materials will include decorative solutions such as unit pavers and colored concrete; casual or rustic solutions such as decomposed granite; and durable, cost-effective solutions such as scored concrete. • Materials used for pedestrian pathways will complement the building(s) they are associated with. • Archways and columns will occasionally be used to accent store and courtyard entries. • When used, arcades and covered walkways will complement the architectural style. • The use of landscaping can reinforce pedestrian connections; for example, paving and planting design will identify and highlight pedestrian connections by establishing a visual separation between vehicular and pedestrian routes. • When practical, provide sidewalks with street trees, pedestrian-scaled light fixtures, and street furniture. • A variety of modes of internal transportation and circulation will be encouraged. • Street furniture and other pedestrian amenities will not interfere with pedestrian movement along walkways and paths. 4.6.4 Landscape Design • Landscaping will be utilized as a visual buffer and be compatible with the surrounding native vegetation and preserved open space. There will be no invasive plant species used anywhere within the Specific Plan area. • Planting design strategies will vary according to plant types, sizes, and spacing appropriate for locations within the open space. The planting design will enhance views, conserve water and contribute to safety and security. These specific strategies will inform planting design: Agua Hedionda 85/15 Specific Plan 4.0-19 Q-116 C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 4.0 -DESIGN GUIDELINES • Hedges or windbreaks will be used to screen service areas and to frames views. Hedges will not be too dense as to obscure views that may compromise security or visitor-serving commercial opportunities. • At gateways, entries, and crossings, decorative or flowering plant materials will be used to announce arrival, frame signs, and invoke the Specific Plan's overall design style. • Entry areas, crossings, and storefronts will use pedestrian-scaled planting to provide variety, texture, color, and seasonal interest. • Masses of spreading groundcovers and clumping grasses at edges, services areas, and pedestrian connectors will be used to provide continuity, efficiency, and ease of maintenance. • Vegetated swales will be located along the development edges to capture and filter stormwater. The swales will be landscaped and irrigated to minimize water use and in some areas may not be irrigated. The swales will employ a combination of planting solutions. In some locations, swales will be lined with seasonal, drought-tolerant grasses and wildflowers and remain unirrigated permitting the vegetation to vary in appearance as climatic conditions change through the year. Where swales occur adjacent to pedestrian circulation or at entries, shrub masses will be used. • Inert materials such as decorative stones and gravels will be used in parking and service areas to reduce irrigation water use or eliminate the need for irrigation and to simplify landscape maintenance. • Low landscape walls will be used to help define spaces, provide orientation, and create seating. Potential wall types include masonry, cast-in-place concrete, and gabion walls. Low walls will be used for raised planters or to retain grades. • Outdoor site furnishings will be of high-quality construction and in styles consistent with the landscape theme. • The irrigation design will include an automatic irrigation system for the proposed landscape, utilizing low water-use pop-up spray heads, rotors, and pressure- compensating bubblers. • Pop-up spray head and rotary sprinkler zones will be controlled to apply water at an appropriate infiltration rate into the soil and plant root zone and avoid irrigation runoff or ponding. • The irrigation design will include separate remote control valves for varied site exposures and water use requirements -i.e., sun and shade areas will be valved separately, and east and west will be valved separately. Agua Hedionda 85/15 Specific Plan 4.0-20 Q-117 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 4.0 -DESIGN GUIDELINES • The system will include a weather-based controller using satellite controllers located throughout the site that consistently monitor and update irrigation water schedules per local evapotransporation rate data. The system also will incorporate automatic rain shut- off devices for each field satellite controller. 4.6.5 Fencing • All fencing will be consistent with the Specific Plan's agricultural character and natural context. • The use of chain-link fencing will be limited to the security facilities and areas that are not highly visible. • Low barrier fencing will be used to separate different land uses and as a border along trails to protect native habitat areas and restoration areas from adjacent uses. Fencing types appropriate for low barriers includes grape-stake fencing, split-rail fencing with rope, lodgepole fencing with rope, and corral fencing with barbless/smooth wire. All fence posts will be wooden or composed of recycled materials that are wooden in appearance. 4.6.6 Lighting • Lighting will create a night identity for the VSC uses. Selected elements will be highlighted with illumination. These elements will be selected for their ability to enhance the dimension and character to the building architecture, and to provide a safe and secure environment for visitors and merchants. • Light fixtures will highlight design features. A variety of lighting levels will be used at entries, plazas, parking lots, and other areas where evening activity is expected, to create an exciting night time environment. • All light standards will be consistent with respect to design, materials, color and color of light, and overall architectural style. 4.6.7 Signage • Monument signs: Monument signs will utilize materials to blend with the surrounding landscape. • Parking signs: Parking signs will be used to direct vehicular traffic to designated parking locations and pedestrian traffic from the parking lots to their final destinations. Parking signs will be used minimally to maintain natural sight lines. Signs will utilize materials to blend with the surrounding landscape. Agua Hedionda 85/15 Specific Plan 4.0-21 Q-118 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 4.0 -DESIGN GUIDELINES • Wayfinding signs: Wayfinding signs will be used at key decision points to direct foot traffic. Signs will be appropriate in height/size for human interaction and not be oversized. Signs will utilize materials to blend with the surrounding landscape. • ADA signs: ADA signs will be used as required and utilize materials to blend with the surrounding landscape as much as possible. • All signs will be durable and made of natural materials where possible. • Signs throughout the VSC-designated areas will create or be a part of: • Creating and maximizing views and connections to tenants and surroundings. • Ensuring strong identity visible from highway, approach streets, and access points. • Buffering development and open space from highway. • Assisting in creating a range of scale and character into public spaces. • Providing innovative, environmentally responsible, intriguing visitor-serving commercial signage solutions. • Introducing artistic elements within the signage. • Connecting with and encourage use of open space trails. • Instilling mindfulness and appropriateness of place. 4.6.8 Trash Enclosures • Trash enclosures will be screened from view from public rights-of-way whenever possible. • Screening will consist of solid framed or masonry walls, solid gates, and/or landscaping. Agua Hedionda 85/15 Specific Plan 4.0-22 Q-119 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 5.0 -INFRASTRUCTURE, OPEN SPACE, AND AGRICULTURE 5.0 INFRASTRUCTURE, OPEN SPACE, AND AG RI CULTURE This chapter addresses mobility, public services and facilities, and open space/agriculture within the Specific Plan area. This chapter also is consistent with the Agua Hedionda Land Use Plan (1982), Section 5, Public Works. Section 5 identifies vacant areas planned for development that have water, sewer, and utilities available, and the areas that lack major public works infrastructure. Urban services are available for development within the Specific Plan area. 5.1 5.1.1 MOBILITY Vehicular Access and Circulation Primary access to the Specific Plan area is provided by I-5 and Cannon Road. All eastbound inbound traffic will be served at the new T-intersection on Cannon Road located approximately halfway between Paseo del Norte and Car Country Drive, and westbound inbound traffic will be served at both the new T-intersection driveway and at the Paseo del Norte intersection. The new T-intersection will be located approximately 600 feet from the adjacent intersections and signalized. All outbound site traffic will be served by a new driveway located opposite Paseo del Norte. Refer to the Specific Plan, Figure 3.0-4, Conceptual Trails and Circulation Plan, which depicts the vehicular access and circulation within the Specific Plan area. The Specific Plan applicant shall construct the following intersection improvements for the two driveway access points: Cannon Road/Paseo del Norte Site Driveway Intersection • Construct one additional eastbound through lane that will be an exclusive left-tum storage lane for the new downstream inbound intersection between Paseo del Norte and Car Country Drive. The existing landscaped median on Cannon Road will be modified to provide this additional lane. • Construct a westbound right-tum lane to serve inbound traffic to the Specific Plan site. This lane will tum into the Specific Plan driveway slightly upstream of the Paseo del Norte intersection and be controlled by a separate signal where the lane crosses the planned shared use path. This signal will facilitate bicycle and pedestrian traffic on the shared use path by periodically stopping westbound right-turning traffic into the Specific Plan site. Agua Hedionda 85/15 Specific Plan 5.0-1 Q-120 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 5.0 -INFRASTRUCTURE, OPEN SPACE, AND AGRICULTURE • Construct a new north leg (i.e., southbound approach) for the Specific Plan outbound driveway, which will include two left-tum lanes, one through lane, and two right-tum lanes for the outbound movements at the intersection. • Modify the traffic signal to control the new movements and install appropriate signage prohibiting selected movements that will not be allowed ( e.g., eastbound left and northbound through movements into the site). Cannon Road/Specific Plan Inbound Site Driveway (New T-intersection) • Construct a new signalized T-intersection on Cannon Road between Paseo del Norte and Car Country Drive. • Construct two eastbound left-tum lanes. The existing landscaped median on Cannon Road will be modified to provide these new tum lanes. • Construct one westbound right-tum lane to serve westbound inbound traffic to the Specific Plan site. • Construct one outbound right-tum only lane -this lane is an environmental protection feature (EPF) required if the Cannon Road/Paseo del Norte intersection operation drops below City of Carlsbad (City) performance standards. Internal circulation shall be provided by a limited network of private drives/streets serving as access to individual portions of the Specific Plan area. In addition to constructing the intersection improvements for the new driveways, the Specific Plan also will dedicate Specific Plan right-of-way to implement an additional improvement along the site frontage. The Specific Plan will dedicate land and build a second westbound right tum lane on Cannon Road at the I-5 NB on-ramp, and convert the existing westbound shared- through/right-tum lane to a second exclusive through lane. The second right-tum lane will provide additional storage for vehicles traveling to the I-5 NB on-ramp and improve vehicle capacity for westbound traffic traveling through the interchange. 5.1.2 Public Transportation Bus service in the vicinity of the Specific Plan area is currently provided by the North County Transit District (NCTD). NCTD currently operates two bus routes that serve the Specific Plan area: • Route 444 -The nearest stop is located at Cannon Road and Grand Pacific Drive. Route 444 provides service to Carlsbad via Cannon Road, Faraday Drive, College Boulevard, Agua Hedionda 85/15 Specific Plan 5.0-2 Q-121 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 5.0 -INFRASTRUCTURE, OPEN SPACE, AND AGRICULTURE and Palomar Airport Road. It generally connects this area of the City to the Carlsbad Poinsettia COASTER station. • Route 446 -The nearest stop is located at Cannon Road and the I-5 ramps. Route 446 provides service from the Carlsbad Poinsettia COASTER station to the City's outlet stores, LEGOLAND, and the Gemological Institute of America via Avenida Encinas, Paseo Del Norte, and Armada Drive. The Specific Plan applicant shall provide bus stops to service the Specific Plan area at locations and with reasonable facilities in conjunction with the City Planner, in accordance with the exclusive provisions set forth in Chapter 6.4, Specific Plan Procedures and Process, of the Specific Plan. Said facilities shall be free from advertising and at minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the Specific Plan. A bus passenger loading area close to one of the main pedestrian entrances shall be provided within the Specific Plan site. Providing a bus stop within the Specific Plan site would encourage transit use and at a minimum shall include covered stops with benches. The Specific Plan applicant will advocate extending bus service to one or both of the City's COASTER train stations to maximize multi-modal accessibility to the Specific Plan site. Refer to Specific Plan, Appendix B, Environmental Protection Features, for additional EPFs related to traffic and circulation improvements. 5.1.3 Bicycle and Pedestrian Facilities Prior to the issuance of a certificate of occupancy within the VSC area, the Specific Plan applicant must design and implement a shared-use path along the entire length of the north side of Cannon Road from Car Country Drive to the northeast comer of the I-5 northbound ramps intersection. The primary purpose of this facility is to provide a separate bikeway that will serve a broad range of skill levels and accommodate those individuals who do not wish to closely interface with motor vehicles along long stretches of the roadway. The facility would move those cyclists who choose to use it out of the roadway and away from the heavy turning movements at the site driveways and the I-5 northbound ramps intersection, where a second exclusive right- tum lane is proposed to improve vehicle flow to and through the interchange area. Providing the path to this point would give westbound cyclists an alternative to riding between the two through and two right-tum lanes at the ramp. Landscaping and other elements (i.e., signage, structures, and fencing) that may be proposed along the shared-use path shall be installed and maintained. Agua Hedionda 85/15 Specific Plan 5.0-3 Q-122 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 5.0 -INFRASTRUCTURE, OPEN SPACE, AND AGRICULTURE The Specific Plan applicant must design and implement a network of sidewalks from the Paseo del Norte intersection to within the Visitor-Serving Commercial use area to encourage walking. On-site sidewalks must be separated from vehicle traffic in the exit and entrance driveways and pedestrian crossings of the main driveways shall be limited to sections that include only one or two lanes and/or shall be signalized. The Specific Plan applicant must design and implement a continuous pedestrian path or sidewalk along the entire length of the site frontage on Cannon Road from the I-5 northbound ramps intersection to the existing sidewalk that terminates approximately 850 feet east of the Car Country Drive intersection. This facility must be linked to a network of trails within the Open Space area of the site, providing multiple walking opportunities from the Cannon Road/Faraday A venue intersection to and through the Specific Plan area. The sidewalk extension from east of Car Country Drive must be constructed as a shared-use path. The Specific Plan applicant must coordinate with Caltrans and the City for the agencies' design and implementation of a special pedestrian/bicycle signal phase at Cannon Road and I-5 on-and off-ramps. Signal phasing must include a "no right-tum on red" phase to avoid sight distance issues associated with dual right-tum lanes. All signal phasing at the I-5 ramps would be coordinated between Caltrans and the City. The Specific Plan applicant must incorporate bicycle racks and/or bicycle lockers into the design of the Visitor-Serving Commercial use area of the Specific Plan. These facilities must be located within the Visitor-Serving Commercial area and at select locations in the Open Space area and be accessible to visitors and employees. Within the Visitor-Serving Commercial area, employees will be encouraged to ride-share and/or bike ride to and from the Specific Plan site, thus reducing parking and traffic demand. Refer to Specific Plan, Appendix B, Environmental Protection Features, for additional EPFs related to pedestrian and bicycle facility improvements. 5.1.4 Trails A Specific Plan must construct and maintain a trail system. The Specific Plan trial system must follow the outer, southerly edge of the existing Carlsbad Habitat Management Plan boundary/native habitat edge, linking key vista points, picnic areas, and day use areas within the Specific Plan area. Refer to the Specific Plan, Figure 3.0-4, Conceptual Trails Plan, found in Chapter 3.0. Agua Hedionda 85/15 Specific Plan 5.0-4 Q-123 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 5.0 -INFRASTRUCTURE, OPEN SPACE, AND AGRICULTURE 5.2 PUBLIC SERVICES AND FACILITIES This section discusses infrastructure, storm drain, sewer, and water facility improvements necessary to serve the Specific Plan area. All public facilities infrastructure necessary to serve development within the Specific Plan area shall be completed concurrent with such development, in accordance with the exclusive provisions set forth in Chapter 6.4, Specific Plan Procedures and Process, of the Specific Plan. 5.2.1 Police Police protection for the Specific Plan area is currently provided by the Carlsbad Police Department, headquartered at the Carlsbad Public Safety Center at 2560 Orion Way. 5.2.2 Fire Fire protection for the Specific Plan area is currently provided by the City of Carlsbad Fire Department. The Department currently has six fire stations serving the City. The station nearest the Specific Plan area is Fire Station No. 4 located at 6885 Batiquitos Drive. Refer to Specific Plan, Appendix B, Environmental Protection Features, for additional EPFs related to fire protection improvements. 5.2.3 Water Potable water service to the Specific Plan area will be provided by the Carlsbad Municipal Water District (CMWD). There is an existing 12-inch line in Cannon Road to supply the Specific Plan area (see Specific Plan, Figure 5.0-1, Conceptual Water System Plan). As reflected in the Specific Plan, Figure 5.0-1, this line is within the 241 Zone, which is formed by pressure- reducing stations in the area. Service from this zone will result in a static pressure of approximately 74 pounds per square inch (psi) at the point of connection in Cannon Road. Recycled water service to the Specific Plan area will be provided by CMWD. As reflected in the Specific Plan Figure 5.0-2, Conceptual Recycled Water Plan, there is an existing 20-inch 384 Zone line in Cannon Road adjacent to the Specific Plan area. The maximum static pressure in this line at the proposed entry street at Paseo del Norte is approximately 135 psi. For commercial properties, recycled water can be used for irrigation of common areas and planted slopes. Recycled water also could be considered for use as process water for cooling towers. CMWD estimates average recycled water use based on a factor of 600 gallons per day per acre. Agua Hedionda 85/15 Specific Plan 5.0-5 Q-124 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 5.0 -INFRASTRUCTURE, OPEN SPACE, AND AGRICULTURE Refer to Specific Plan, Appendix B, Environmental Protection Features, for additional EPFs related to hydrology and hydromodification control performance standards. 5.2.4 Sewer Sewer service to the Specific Plan area will be provided by the City of Carlsbad. The City operates and maintains a conveyance system that consists of gravity sewer lines, lift stations, and force mains. These facilities collect and convey flow to the Encina Water Pollution Control Facility for treatment and disposal. The South Agua Hedionda Interceptor is located in Cannon Road, adjacent to the Specific Plan area (see Specific Plan, Figure 5.0-3, Conceptual Sewer System Plan). As reflected in the Specific Plan, Figure 5.0-3, the section of this gravity interceptor that is adjacent to the VSC designated area is a 24-inch line; and to receive service, the Specific Plan area will convey flows to this line. Refer to Specific Plan, Appendix B, Environmental Protection Features, for additional EPFs related to hydrology improvements. 5.2.5 Water Quality and Drainage The watershed contributing runoff to the Specific Plan area is approximately 229 acres that ranges in elevation from approximately O to 200 feet above mean sea level. The runoff from the Specific Plan area generally flows in a northerly direction towards Agua Hedionda Lagoon. Runoff shall be limited through the provision of on-site catchment basins, desilting basins, subsurface drains, and similar improvements as necessary, as described below. As reflected in the Conceptual Drainage Plan (Specific Plan, Figure 5.0-4), the Specific Plan area is subdivided into seven sub-watershed areas determined by designated outlet points into the Agua Hedionda Lagoon. Only two of the delineated sub-watershed areas, Watershed 5 and Watershed 7, would be impacted by implementation of the Specific Plan. That is, development within these sub-watersheds would either divert, increase, or alter stormwater runoff in some form compared to its existing condition. Since implementation of the Specific Plan will introduce impervious areas and consequently increase stormwater runoff within the two sub-watersheds, stormwater treatment for water quality and hydromodification is required for Watersheds 5 and 7 to meet Carlsbad's Standard Urban Stormwater Management Plan (SUSMP) requirements for new developments. The Conceptual Drainage Plan (Specific Plan, Figure 5.0-4) identifies one drainage detention basin for each of these affected sub-watersheds, both for peak flow attenuation and to account for potential hydromodification. In Watershed 7, an underground vault may be used as an alternative to the detention basin. In this underground alternative, the vault would be implemented to meet Agua Hedionda 85/15 Specific Plan 5.0-6 Q-125 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 5.0 -INFRASTRUCTURE, OPEN SPACE, AND AGRICULTURE hydromodification/detention requirements per the City's SUSMP and at the same level as a detention basin. With the proposed drainage improvements, flows from these areas would be reduced to below the runoff under existing conditions. The basin or hydromodification vault will outlet into Agua Hedionda Lagoon via a 36-inch reinforced concrete pipe and concrete headwall. An approximately 110-square foot energy dissipation structure (riprap ), placed immediately downstream of the headwall will serve to reduce outlet velocities below erosive levels prior to emptying into the lagoon. Refer to Specific Plan, Appendix B, Environmental Protection Features, for additional EPFs related to hydrology, water quality, and drainage improvements. 5.2.6 Solid Waste Disposal Solid waste collection shall be provided by a private waste disposal corporation or another public or private waste disposal company serving the Carlsbad area. For example, Coast Waste Management provides a variety of services for customers throughout the City, including single- stream recycling. 5.2.7 Energy Electricity and natural gas shall be provided by a qualified provider. Facility sizing and service extension through the Specific Plan area will be coordinated with SDG&E, the current provider in the area. 5.3 OPEN SPACE AND AGRICULTURE The Specific Plan's open space and agricultural areas are of paramount importance in the plan. The Specific Plan provisions permanently protect approximately 176.7 acres for open space and the continuation of strawberry farming and coastal agriculture. This protection is provided by requiring an easement granted to the City of Carlsbad, a qualified environmentally-focused non- profit organization, or public agency for open space and agricultural conservation purposes over approximately 155.1 acres of the Specific Plan area. The remaining approximately 21.6 acres will be subject to an easement or a deed restriction for open space and agricultural purposes -in addition to allowing supporting improvements and uses, including farm stand, farm-to-table dining, and parking. The Specific Plan provides Carlsbad residents and visitors low-impact public access to the open space lands by providing passive recreation amenities including miles of new nature trails and Agua Hedionda 85/15 Specific Plan 5.0-7 Q-126 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 5.0 -INFRASTRUCTURE, OPEN SPACE, AND AGRICULTURE walkways, picnic and rest areas, lagoon vistas, an outdoor classroom, parking, and an integrated resource and educational signage program. Further, the Specific Plan requires that the open space portions of the approximately 155.1 acres be dedicated to one or more qualified environmentally- focused non-profit entities, land conservancy organizations, or public agencies; and that the agricultural portions of the 155.1 acres be dedicated to one or more qualified environmentally- focused non-profit entities, land conservancy organizations, public agencies and/or qualified farming and agricultural interests. Further, the Specific Plan requires the protected habitat, public access, and agricultural areas within the dedicated open space conservation land to be managed, operated, and maintained in cooperation with one or more qualified environmentally-focused non-profit entities, land conservancy organizations, land managers, agencies, and farming and agricultural interests. The Specific Plan provides for the continuation and support of strawberry farming and coastal agriculture within the Specific Plan area and furnishes Carlsbad residents and visitors with a pedestrian-oriented visitor-serving Outdoor Shopping, Dining, and Entertainment Promenade on approximately 26.7 aces within the Specific Plan area for a high-quality, functionally integrated district designed to maintain a sense of community and contribute to Carlsbad's traditional "village" identity and beach community character. The Specific Plan establishes revenue sources from the Specific Plan's visitor-serving commercial uses, and/or from private funding, to dedicate, improve, restore, operate, and maintain in perpetuity the dedicated open space areas at no tax burden to Carlsbad residents. These Specific Plan open space requirements and funding mechanisms must be in place prior to opening the visitor-serving commercial component of the Specific Plan. Agua Hedionda 85/15 Specific Plan 5.0-8 Q-127 ,0 I -N QO AGUA HEDIONDA LAGOON --~ -~-- 6 0---5-=00==1::::i,ooo ~ Feet D Specifi c Plan Boundary NAP Not A Part c=J SDG&E Easement \ SOURCE: DEXTER WILSON ENGINEERING 2015 Reducing Station \ ---Existing Water (241 Zone} -Proposed Wa ter (241 Zone) •-• Existing Water (375 Zone) Figure 5. 0-1 Conceptual Water System Plan - INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 5.0 -INFRASTRUCTURE, OPEN SPACE, AND AGRICULTURE INTENTIONALLY LEFT BLANK Agua Hedionda 85/15 Specific Plan 5.0-10 Q-129 ,0 I -uJ 0 Proposed Private Recycled Water Line to Use Areas 0 500 1,000 \ ----=====:::JFeet D Specific Plan Boundary NAP Not A Part [=] SDG&E Easement SOURCE: DEXTER WILSON ENGINEERING 2015 AGUA HEDIONDA LAGOON Proposed Recycled Water Service and Meter -----------------. ---Existing Recycled Water {384 Zone) -Proposed Recycled Water (384 Zone) -------------J Figur 5.0-2 one ptual Rec cled Water Plan ·"""'1· INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 5.0 -INFRASTRUCTURE, OPEN SPACE, AND AGRICULTURE INTENTIONALLY LEFT BLANK Agua Hedionda 85/15 Specific Plan 5.0-12 Q-131 ,0 I -w N ~--P-r-op_o_s-ed---. On-Site Sewer Lift Station 500 1,000 ---===Feet D Specific Plan Boundary NAP Nol A Part [=] SDG&E Easement AGUA HEDIONDA LAGOON --~ ~ ---------------:. ---Proposed Lateral to Public Restroom ---Existing Gravity Sewer ---Existing Force Main Sewer ---Proposed Gravity Sewer Proposed Force Main Sewer SOURCE: DEXTER WILSON ENGINEERING 2015 Figure 5.0-3 Co nceptu al ewer ystem Plan INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 5.0 -INFRASTRUCTURE, OPEN SPACE, AND AGRICULTURE INTENTIONALLY LEFT BLANK Agua Hedionda 85/15 Specific Plan 5.0-14 Q-133 0 500 D Speci fic Plan Boundary NAP Nol A Part r-7 L_J SDG&E Easement ~ HMP Hardl ine (Source: City of Carlsbad) SOURCE: HUNSAKER AND ASSOCIATES, INC. 2015 AGUA HEDIONDA LAGOON -Proposed Storm Drain Line (RCP-Reinforced Concrete Pipe), Access, Headwall, and Rip-Rap •-• Existing Storm Drain Pipe Basin 2 or Hydromodification Vault figure 5.0-4 Conceptual Drainage Plan I z -.., -> o-j -< trl ~ trl > /J) 0 ~ .., 0 co trl /J) c:: co 3: -o-j .., t'!'j t:, t:, ~ ('"'l .., t""' -< .., 0 .., ::c: ~ < 0 .., t_'!'l ~ /J) INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 5.0 -INFRASTRUCTURE, OPEN SPACE, AND AGRICULTURE INTENTIONALLY LEFT BLANK Agua Hedionda 85/15 Specific Plan 5.0-16 Q-135 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 6.o 6.1 IMPLEMENTATION PHASING 6.0 -IMPLEMENTATION Phasing projections estimate when, where, and how implementation and development will occur within the Specific Plan area, generally commencing at the Specific Plan approval date and ending at the projected buildout date of the Specific Plan area. Although difficult to predict exactly, phasing projections enable advance planning and programming of public infrastructure, facilities, and services to ensure that adequate public services are provided in a timely manner to preserve the quality of life of Carlsbad residents, consistent with the Carlsbad General Plan (1994) and Growth Management policies. As with all phasing projections, the Specific Plan development is necessarily influenced by the economy, growth rates, market conditions, and other changing economic and financial conditions. As these factors change during the course of buildout of the Specific Plan, necessary adjustments in phasing will be instituted in close coordination with the City. The phasing approach taken by this Specific Plan is based on ensuring that all necessary public facilities and services are in place prior to or concurrent with development within the Specific Plan area as required by the City's Growth Management Program. To implement this Specific Plan policy consistent with the City's Growth Management Program, the provision of such public improvements must be guaranteed. In guaranteeing that the Specific Plan's public improvements will be timely provided, funding must be available for the necessary improvements prior to issuance of building permits, and emphasis is given to ensuring a balanced circulation system and the provision of open space and recreation amenities. The Specific Plan's open space and agricultural areas are of paramount importance in this plan. The Specific Plan provisions permanently protect approximately 176.7 acres for open space and the continuation of strawberry farming and coastal agriculture. This protection is provided by requiring an easement granted to the City of Carlsbad, a qualified environmentally-focused non- profit organization, or public agency for open space and agricultural conservation purposes over approximately 155.1 acres of the Specific Plan area. The remaining approximately 21.6 acres will be subject to an easement or a deed restriction for open space and agricultural purposes -in addition to allowing supporting improvements and uses, including farm stand, farm-to-table dining, and parking. The Specific Plan provides Carlsbad residents and visitors low-impact public access to the open space lands by providing passive recreation amenities including miles of new nature trails and Agua Hedionda 85/15 Specific Plan 6.0-1 Q-136 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 6.0 -IMPLEMENTATION walkways, picnic and rest areas, lagoon vistas, an outdoor classroom, parking, and an integrated resource and educational signage program. Specifically, the Specific Plan requires that the open space portions of the approximately 155.1 acres be dedicated to one or more qualified environmentally focused non-profit entities, land conservancy organizations, or public agencies; and that the agricultural portion be dedicated to one or more qualified environmentally-focused non-profit entities, land conservancy organizations, public agencies and/or qualified farming and agricultural interests. Further, the Specific Plan requires the protected habitat, public access, and agricultural areas within the dedicated open space conservation land to be managed, operated, and maintained in cooperation with one or more qualified environmentally focused non-profit entities, land conservancy organizations, land managers, agencies, and farming and agricultural interests. The Specific Plan provides for the continuation and support of strawberry farming and coastal agriculture within the Specific Plan area and furnishes Carlsbad residents and visitors with a pedestrian-oriented visitor-serving Outdoor Shopping, Dining, and Entertainment Promenade on approximately 26.7 aces within the Specific Plan area for a high-quality, functionally integrated district designed to maintain a sense of community and contribute to Carlsbad's traditional "village" identity and beach community character. The Specific Plan establishes revenue sources from the Specific Plan's visitor-serving commercial uses, and/or from private funding, to dedicate, improve, restore, operate, and maintain in perpetuity the dedicated open space areas at no tax burden to Carlsbad residents. The Specific Plan open space requirements, funding mechanisms, and other public infrastructure (as referenced in this Specific Plan) are triggered by the issuance of a building permit for the visitor- serving commercial component of the Specific Plan; and the visitor-serving commercial uses will not be issued certificates of occupancy, unless and until the Specific Plan open space requirements, funding mechanisms, and public infrastructure are satisfied. 6.2 FINANCING AND MAINTENANCE OF PUBLIC IMPROVEMENTS Subject to the above triggering events, implementation of the Specific Plan requires the Specific Plan applicant, property owner or their respective designee to assure that all on-and off-site infrastructure, facilities, and services (Improvements) required by this Specific Plan are installed, constructed, and completed prior to or concurrent with need, consistent with the Carlsbad Growth Management Program. The Improvements include, among others, restoration, enhancement, and ongoing maintenance of open space designated on the Land Use Plan (LUP) of the Specific Plan. Agua Hedionda 85/15 Specific Plan 6.0-2 Q-137 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 6.0 -IMPLEMENTATION The Improvements contemplated for the Specific Plan area may consist of elements for use by the general public, as well as for exclusive use of the property owner, tenants, or occupants. Once constructed, long-term maintenance of Improvements will be required, and the party responsible for maintaining those improvements may vary depending on whether they are dedicated for general public use or privately owned within the Specific Plan area. While various financing techniques are available, Specific Plan development components will be installed or constructed using private financing for the majority of the development costs. Certain elements of the Improvements, however, may use assessments or community facility district mechanisms. If used to fund Improvements, the assessment or community facility district will only apply to the VSC area of the Specific Plan and only be assessed against the property owner, tenants, or occupants located on Assessor's Parcel Number (APN) 211-010-24-00. No resident or property owner outside of APN 211-010-24-00 will be included in any proposed VSC assessment or community facility district. These provisions ensure that the Specific Plan pays its own way. This Chapter identifies potential financing methods that may be used individually, collectively, or in combination to fund implementation and maintenance of various Improvements identified in the Specific Plan. The Specific Plan's implementation will be complemented by these new Improvements and directly serve and benefit not only the Specific Plan area but also the greater City community. In addition, many of the Improvements are proximate to Cannon Road, which is an utmost priority. This Chapter of the Specific Plan identifies a mix of financing mechanisms applicable to future development in the Specific Plan area. These mechanisms are important to assure the timely financing of new Improvements concurrent with Specific Plan development. The Specific Plan allowable financing mechanisms are listed and then described in further detail in the following paragraphs: • Community Facilities District; • Landowner Funding Agreement; • Development Impact Fees; • Private Endowment; and • Private Financing. Allowable Specific Plan financing mechanisms also may include offers of dedication, fee dedications, and/or conservation easements; assessment districts; infrastructure financing districts ( e.g., open space and habitat management/maintenance, lighting and landscaping, bridge and thoroughfares); exactions; and reimbursement agreements. In addition, the Specific Agua Hedionda 85/15 Specific Plan 6.0-3 Q-138 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 6.0 -IMPLEMENTATION Plan contemplates possible use of emerging financing mechanisms, such as payment in lieu of tax (PILOT) assessments. The primary financing mechanisms to be used within the Specific Plan area are described further below. 6.2.1 Community Facilities District The Mello-Roos Community Facilities Act of 1982 enables the City to establish community facilities districts and to levy approved taxes to fund a variety of Public Improvements required by the Specific Plan. The Mello-Roos Act can provide funding for the purchase, construction, expansion, rehabilitation, or maintenance of, among other services, open space, parks, recreation programs, flood protection, stormwater and drainage systems, streets, roads, parkways, police and fire protection, and ambulance and paramedic services. If this financing mechanism is utilized, the special tax will be structured based on the zoning development intensity of the Specific Plan property subject to the tax, and the tax will not apply to residents or property owners outside of the Specific Plan area. Improvements within the Specific Plan area may be partially funded through the establishment of one or more Community Facilities Districts. 6.2.2 Landowner Funding Agreement Covenants, conditions and restrictions (CC&Rs) are a financing mechanism that establishes an assessment or obligation of one property owner for the benefit of another property. The recording of CC&Rs against the burdened property creates a permanent obligation that can be enforced against the burdened property owner by a party holding an interest in the benefited property. For example, this financing mechanism would enable the property owner(s) of the Specific Plan area to enter into CC&Rs recorded against one or more parcels designated for VSC uses for the benefit of parcels within the Specific Plan area designated for open space uses. The CC&Rs would require that maintenance of the open space portion of the Specific Plan area be funded by development on the VSC remaining portion of the Specific Plan area. The CC&Rs would not be susceptible to unilateral amendment by the owner/operator of the burdened property, and in the event of a breach by the burdened property owner/operator the other party to the CC&Rs would have an array of enforceable remedies. Agua Hedionda 85/15 Specific Plan 6.0-4 Q-139 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 6.0 -IMPLEMENTATION Improvements within the Specific Plan area may be partially funded through landowner funding agreements, such as CC&Rs. 6.2.3 Development Impact Fees The City, along with an increasing number of other local communities, requires payments of impact or development fees to finance public improvements. These fees compensate the community for the extra costs of public improvements caused by new development. The fee is often payable either upon recordation of a final subdivision map or issuance of a building permit, with the proceeds placed in a fund designated by the City for the construction of certain improvements. Generally, fees are collected to fund traffic mitigation, parks and recreation facilities, fire facilities and services, schools, drainage and flood control facilities, and water and sewer facilities. The fee schedule is generally updated annually through a consumer price index adjustment, and every 5 to 10 years following recordation of a final subdivision map or issuance of a building permit. Improvements within the Specific Plan area may be partially funded through the payment of development impact fees. 6.2.4 Private Financing This financing mechanism will allow a property owner to agree to privately finance certain Improvements within the Specific Plan area. For example, one such option involves the establishment of an annual operation and maintenance fee charged to commercial owners or occupants to fund the open space and recreation amenities within the Specific Plan area. Improvements within the Specific Plan area may be partially funded through this financing mechanism. 6.2.5 Endowment This financing mechanism is an annual pledge or an endowment used to pay the operation and maintenance costs associated with the open space and recreation amenities within the Specific Plan area. This financing mechanism also contemplates cooperating with a respected land conservation non-profit organization that meets standards for excellence, upholds the public trust, and ensures that land stewardship and conservation efforts are permanent. Improvements within the Specific Plan area may be partially funded through this financing mechanism. Agua Hedionda 85/15 Specific Plan 6.0-5 Q-140 lNITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 6.0-IMPLEMENTATION 6.3 FINANCING PLAN Table 6.0-1, Improvements and Financing, summarizes on-and off-site Improvements required to be in place prior to or concurrent with need, as well as a description of the allowable financing mechanisms. This summary of allowable financing mechanisms is provided as a guideline· actual implementation of specific financing mechanisms will be accomplished pursuant to established procedures, laws, and regulations applicable to such :financing mechanism. Required Improvements Open space Table 6.0-1 Improvements and Financing Allowable Financing Mechanism(s) • Community facility district • Private Financing • Private Endowment • Dedication • Special financing district Recreation program amenities (including trails) • Community facility district • Private financing • Endowment • CC&Rs • Dedication • Special financing district Traffic circulation • Traffic impact fees • Bridge· and Thoroughfare Fees • Special financing district fees • Communities facilities district (formation or fee payment) • Developer-constructed improvement financing • Developer Funding Agreements • Reimbursement agreement(s) • Private Financing Drainage and stormwater management • Private financing • Impact fees Water service systems • Private financing • Capacity and connection fees Sewer service system • Private financing • Capacity and connection fees Wastewater treatment • Private financing • Capacity and connection fees Fire protection and suppression To the extent required: • Private financing • Capacity and connection fees Agua Hedionda 85/15 Specific Plan Q-141 6.0-6 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 6.0 -IMPLEMENTATION Required Improvements Table 6.0-1 Improvements and Financing Allowable Financing Mechanism(s) Police protection, ambulance and paramedic services To the extent required: • Private financing • Capacity and connection fees Libraries Not applicable 6.4 SPECIFIC PLAN PROCEDURES AND PROCESS This Chapter sets forth the exclusive procedures, regulations and process to fully :implement the Specific Plan consistent with the Specific Plan Initiative that includes amendments to the Carlsbad Municipal Code, title 21, Zoning, to add the Agua Hedionda 85/ l 5 Specific Plan Zone. 6.4.1 Intent and Purpose The intent and purpose of the new Agua Hedionda 85/15 Specific Plan Zone is to: • Exempt the Specific Plan area from the Carlsbad Municipal Code title 21, Zoning; and instead, require that the development standards, design guidelines, infrastructure open space, trails, and other Specific Plan-identified facilities services and amenities be exclusively used to ensure consistency with the Carlsbad General Plan (1994) and compliance the City s Growth Management Program and the Agua Hedionda LUP ( 1982)· and that all plan-checks, sign-offs, actions, decisions, approvals, and other determinations required by the Specific Plan with respect to said standards, guidelines, infrastructure, open space trails and other Specific Plan-identified facilities, services and amenities be ministerial and comply with all plan review activities described in Chapter 6.4, Specific Plan Procedures and Process and all Specific Plan environmental protection features (EPFs) in Specific Plan, Appendix B· • Provide that such development be compatible with surrounding development and land uses; • Exempt the Specific Plan area from the Carlsbad Muuidpal Code, title 19 Environment, chapter 19.04; and, instead, require that all plan-checks, sign-offs, actions, approvals, and other determinations required by the Specific Plan for the Specific Plan area be ministerial, consistent with Carlsbad Municipal Code section 19.04.070(A)(l)(a), and thereby exempt from the requirements of CEQA and the Guidelines, including said exemptions with regard to all plan review activities Agua Hedionda 85/15 Specific Plan 6.0-7 Q-142 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 6.0 -IMPLEMENTATION described in Chapter 6.4, Specific Plan Procedures and Process and all of the Specific Plan EPFs in Specific Plan, Appendix B; • Provide for the Improvements necessitated by the development within the Specific Plan area; • Comply with the Carlsbad Municipal Code, title 18, Building Codes and Regulations, including stormwater management and discharge control requirements, except that all plan-checks, sign-offs, actions, decisions, approvals, and other determinations with respect to such provisions shall be ministerial and thereby exempt from the requirements of CEQA and the Guidelines, including said exemptions with regard to all plan review activities described in Chapter 6.4, Specific Plan Procedures and Process and all of the Specific Plan EPFs in Specific Plan, Appendix B; • Comply with the Carlsbad Municipal Code, title 15, Grading and Drainage, except that all plan-checks, sign-offs, actions, decisions, approvals, and other determinations with respect to such provisions shall be ministerial and thereby exempt from the requirements of CEQA and the Guidelines, including said exemptions with regard to all plan review activities described in Chapter 6.4, Specific Plan Procedures and Process and all of the Specific Plan EPFs in Specific Plan, Appendix B; • Comply with the Carlsbad Municipal Code, title 11, Public Property, except that all plan- checks, sign-offs, actions, decisions, approvals, and other determinations with respect to such provisions shall be ministerial and thereby exempt from the requirements of CEQA and the Guidelines, including said exemptions with regard to all plan review activities described in Chapter 6.4, Specific Plan Procedures and Process and all of the Specific Plan EPFs in Specific Plan, Appendix B; and • Comply with the Carlsbad Municipal Code, title 17, Fire Protection, including the requirement to have the Fire Code Official sign-off on the Specific Plan Fire Protection Plan, except that all plan-checks, sign-offs, actions, decisions, approvals, and other determinations with respect to such provisions shall be ministerial and thereby exempt from the requirements of CEQA and the Guidelines, including said exemptions with regard to all plan review activities described in Chapter 6.4, Specific Plan Procedures and Process and all of the Specific Plan EPFs in Specific Plan, Appendix B. 6.4.2 Application and Fees Application(s) shall be submitted by the Specific Plan applicant or its designee prior to initiating any development within the Specific Plan area. The application(s) shall: • Be made in writing on form(s) prescribed by the City Planner; Agua Hedionda 85/15 Specific Plan 6.0-8 Q-143 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 6.0 -IMPLEMENTATION • State fully the circumstances and conditions relied upon as grounds for the application(s); and • Be accompanied by the plans set forth below, a legal description of the property involved, and all other materials specified by the City Planner, working in cooperation with the applicant and City engineer(s). The application(s) shall be processed exclusively in accordance with the plan review and grading/building permit process set forth herein and in the Specific Plan Initiative. At the time of filing the application(s), the Specific Plan applicant or its designee shall pay the application fee contained in the most recent fee schedule adopted by the City. For purposes of this Specific Plan only, the City Manager or designee shall assign the City Planner who shall be primarily responsible for overseeing development within the Specific Plan area, and for adhering to the exclusive Specific Plan procedures and processes herein. 6.4.3 Plan Review Process The plans accompanying an application shall: (a) satisfy the City's prescribed submittal checklist or plan-check requirements, which requirements are exempt from CEQA and the Guidelines; (b) provide the materials that demonstrate compliance with the Specific Plan land use plan, development standards, or design guidelines, or with requirements for infrastructure, open space, trails, services, facilities, and other amenities herein; and ( c) undergo ministerial plan-check on forms prescribed by the City Planner in the time frames specified below. Plans may be submitted for the entire Specific Plan area, or for any portion of it. The application and plan submittals shall include the following: • Plans to scale showing the plan details, location, dimensions, s1zmg, construction methods, and other materials specified by the City Planner based on the City's prescribed submittal checklist and plan-check requirements; and • Any other plans, drawings, or materials demonstrating compliance with the Specific Plan land use plan, development standards, or design guidelines, or with requirements for infrastructure, open space, trails, services, facilities, and other amenities herein. The above requirements for the submittal of application( s) and plan( s) shall apply to all the following: • Architectural plans, including, and not limited to, color, texture, materials, and adornments; • Building elevations and floor plans, including, and not limited to, the following: Agua Hedionda 85/15 Specific Plan 6.0-9 Q-144 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 6.0 -IMPLEMENTATION o Location and size of any required refuse and storage areas; o The height of all buildings; elevations; and o Roof plans showing roof design, location of roof appurtenances, roof top equipment, screening, and stairways, or other roof access; • City annexations; • City sign-off on Specific Plan funding mechanisms (to the extent required by laws or regulations applicable to such funding mechanism); • Drainage plans, headwalls, access, riprap, lagoon drainage outlets, specifications, engineering, biota reports and other studies, design features, and other measures that promote habitat preservation and conservation relative to Specific Plan drainage improvements, drainage basin(s), pipeline(s), and/or lagoon outlets, and associated grading; • Fence and wall plans; • Fire protection plans; • Grading plans, specifications, and engineering/soils/other reports; • Haul routes; • Improvement plans and standard form City agreements, including and not limited to on- and off-site public improvements; • Integrated pest management plans; • Irrevocable offers of dedication, or any other dedications; • Landscape and/or irrigation plans; • Lighting plans; • Natural habitat restoration and monitoring plan; • Nutrient management plans; • Plans and permits for work in or encroachments on public property; • Proposed CC&Rs; • Site-distance corridor plans; • Site plans, including, and not limited to, the following: o The regulation of points of ingress and egress; o Streets; Agua Hedionda 85/15 Specific Plan 6.0-10 Q-145 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 6.0 -IMPLEMENTATION o Utilities; o Water; o Drainage and sewer facilities; and o Street dedication and improvements (or posting of bonds); • Standard urban stormwater mitigation plans; • Stormwater conveyance system protections; • Stormwater management plans; • Stormwater pollution prevention plans; • Traffic control plans; • Traffic-related improvement plans; • Transit and circulation plans; • Water quality, sewer facilities, potable water, non-potable (recycled), and other public facilities plans; and • Any other plans, drawings, specifications, studies, and reports required by the Specific Plan or its environmental protection features in Appendix B of the Specific Plan. After such application and plan submittals, the City Planner, in cooperation with the City engineer(s), and the Specific Plan applicant (or designee), shall apply the City's prescribed checklist and plan-check requirements and the Specific Plan development standards, design guidelines, and other applicable requirements herein; and complete its plan-check process within forty-five (45) days after submittal of the completed application(s) and said plan(s). If corrections or additional information are required, the City Planner shall notify Specific Plan applicant or its designee, and said applicant or designee shall submit the corrected or additional information to the City Planner within twenty (20) days after receipt of notification. This plan- check process between the City Planner and applicant or designee shall be an objective, iterative process, which shall continue until the completion and sign-off of said plans, which shall not exceed a total of one hundred twenty (120) days from the date of the submittal of the completed application(s) and said plan(s). In the event the City Planner fails to sign-off on said completed application(s) and plan(s) within the time limits required by this chapter, such failure to sign-off shall be deemed approved. The final signed plan(s), or deemed-approved plan(s), shall be the official plan(s) for the Specific Plan area. Agua Hedionda 85/15 Specific Plan 6.0-11 Q-146 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 6.0 -IMPLEMENTATION Except for the foregoing plan-review process and the review processes described in the balance of this Chapter, development within the Specific Plan area is exempt from any other plan-check or review process, policies, or requirements under the Carlsbad Municipal Code or City standards that would otherwise apply to the Specific Plan area. 6.4.4 Signage Installation of signage within the Specific Plan area shall adhere to the signage standards, design guidelines, and procedures set forth in Chapter 3.0 and Chapter 4.0 of the Specific Plan. 6.4.5 Enforcement It shall be unlawful for any person to initiate any development within the Specific Plan area without first obtaining City Planner sign-off on plans and signage required under the Specific Plan, unless such plans have been deemed approved. Whenever in this Specific Plan any act is prohibited or is made or declared to be unlawful, or the doing of any act is required, or the failure to do any act is determined to be unlawful, the City of Carlsbad retains its authority under the Carlsbad Municipal Code, chapter 1.08, Penalty, and chapter 1. 10, Administrative Code Enforcement Remedies, to enforce any such violation or offense. 6.5 ZONING ORDINANCE The development within the Specific Plan area shall be exempt from the Carlsbad Municipal Code, title 21, Zoning. Instead, the Specific Plan shall comply with the Specific Plan development standards, design guidelines, infrastructure, open space, trails, and other identified facilities, services, and amenities; and such compliance shall be in accordance with Chapter 6.4, Specific Plan Procedures and Process. Determinations or decisions regarding such compliance also shall be ministerial and thereby exempt from the requirements of CEQA and the Guidelines, including said exemptions with regard to: (a) all plan review activities described in Chapter 6.4, Specific Plan Procedures and Process; and (b) all of the Specific Plan EPFs in Specific Plan, Appendix B.1 The City's Habitat Management Plan (2004) preservation and management requirements are contained in the Carlsbad Municipal Code, title 21, Zoning, chapter 21.210. Subject to the preceding paragraph, if the drainage improvements are required to be implemented by or through the Specific Plan, the Specific Plan applicant or its designee will comply with chapter 21.210 of Upon Specific Plan Initiative approval, the Coastal Commission must still certify the Agua Hedionda LUP (1982) amendments (including the Specific Plan) before the local enactments (e.g., General Plan Amendments, Zone Change, Specific Plan) take effect under section 30514(a) of the Public Resources Code within the Coastal Act. Agua Hedionda 85/15 Specific Plan 6.0-12 Q-147 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 6.0 -IMPLEMENTATION the Carlsbad Municipal Code, except that that all such processing shall follow the exclusive procedures set forth in the Specific Plan, Chapter 6.4, Specific Plan Procedures and Process. It shall be unlawful for any person to initiate any development within the Specific Plan area without first complying with the Specific Plan, Chapter 6.4, Specific Plan Procedures and Process. 6.6 ENVIRONMENT CODE The development within the Specific Plan area shall be exempt from the Carlsbad Municipal Code, title 19, Environment, chapter 19.04. Instead, the Specific Plan shall comply with the Specific Plan development standards, design guidelines, infrastructure, open space, trails, and other identified facilities, services, and amenities; and such compliance shall be in accordance with Chapter 6.4, Specific Plan Procedures and Process. Determinations or decisions regarding such compliance also shall be ministerial, consistent with Carlsbad Municipal Code section 19.04.070(A)(l)(a), and thereby exempt from the requirements of CEQA and the Guidelines, including said exemptions with regard to: (a) all plan review activities described in Chapter 6.4, Specific Plan Procedures and Process; and (b) all of the Specific Plan EPFs in Specific Plan, Appendix B. It shall be unlawful for any person to initiate any development within the Specific Plan area without first complying with the Specific Plan, Chapter 6.4, Specific Plan Procedures and Process. 6.7 BUILDING CODES The Specific Plan shall comply with the Carlsbad Municipal Code, title 18, Building Codes and Regulations, including stormwater management and discharge control requirements and requirements for issuance of building permits by the Building Official (i.e., the representative of the City designated to enforce the provisions of the California Building Code as amended). Determinations or decisions regarding compliance with such requirements shall be ministerial and thereby exempt from the requirements of CEQA and the Guidelines, including said exemptions with regard to all plan review activities described in Chapter 6.4, Specific Plan Procedures and Process and all of the Specific Plan EPFs in Specific Plan, Appendix B. Notwithstanding that Carlsbad Municipal Code section 18.50.030, which incorporates by reference the entire landscape manual, the Specific Plan shall adhere only to the ministerial components of the landscape manual, including the landscape construction document requirements in chapter 4 of said manual. It shall be unlawful for any person to initiate any development within the Specific Plan area without first obtaining Building Official sign-off on the Specific Plan building permits. Agua Hedionda 85/15 Specific Plan 6.0-13 Q-148 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 6.8 STORMWATER MANAGEMENT AND DISCHARGE CONTROLS 6.0 -IMPLEMENTATION The Specific Plan shall comply with the Carlsbad Municipal Code, title 15, Grading and Drainage, except that all plan-checks, sign-offs, actions, decisions, approvals, and other determinations with respect to such provisions shall be ministerial and thereby exempt from the requirements of CEQA and the Guidelines, including said exemptions with regard to all plan review activities described in Chapter 6.4, Specific Plan Procedures and Process and all of the Specific Plan EPFs in Specific Plan, Appendix B. In addition, for purposes of the Specific Plan area: • The Specific Plan shall be exempt from chapter 15.12, section 15.12.080(!), except that as to Storm Water Management Plan (SWMP) requirements, the Specific Plan shall comply with all applicable best management practices and low impact development (LID) requirements of the Carlsbad Municipal Code Standard Urban Stormwater Management Plan (SUSMP) and City standards, including but not limited to the following: o All Specific Plan applications shall be accompanied by a SWMP prepared pursuant to the SUSMP. No building permit shall be issued unless the following requirements have been met: (a) the City engineer has signed-off on the SWMP in accordance with the SUSMP; and (b) the Specific Plan complies with all best management practices specified in the SWMP as signed off. o No building permit shall be issued within the Specific Plan area without requiring installation and maintenance of all applicable structural treatment control best management practices, as specified in the SWMP, will be maintained. To ensure maintenance, a permanent storm water quality best management practices maintenance agreement or an alternate maintenance mechanism shall be required and signed off by the City enforcement official. It shall be unlawful for any person to initiate any development within the Specific Plan area without first obtaining City engineer sign-off on the Specific Plan stormwater management plans and discharge controls. 6.9 GRADING ORDINANCE The Specific Plan shall comply with the Carlsbad Grading Ordinance, title 15, except that all plan-checks, sign-offs, actions, decisions, approvals, and other determinations with respect to such provisions shall be ministerial and thereby exempt from the requirements of CEQA and the Guidelines, including said exemptions with regard to all plan review activities described in Agua Hedionda 85/15 Specific Plan 6.0-14 Q-149 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 6.0 -IMPLEMENTATION Chapter 6.4, Specific Plan Procedures and Process and all of the Specific Plan EPFs in Specific Plan, Appendix B. In addition, for purposes of the Specific Plan area: • Notwithstanding anything to the contrary in the Carlsbad Municipal Code, title 15, the provisions in title 20, Subdivisions, shall not apply absent the need for a land division; and the provisions in title 21, Zoning, also shall not apply. • "Grading Permit" shall mean the document issued by the City engineer pursuant to title 15, section 15.16.110, after having conducted the plan review and sign-off on permit application(s) and plan submittal(s) demonstrating compliance with this Specific Plan, the ministerial landscape construction documents requirements of Chapter 4 of the City's landscape manual, and all applicable portions of title 15 of the Carlsbad Municipal Code. • All grading plans, specifications, and engineering reports required for grading permit submittal shall be prepared in accordance with the requirements set forth in title 15, section 15.16.067, except that such grading plans shall show in detail that it will conform to the provisions of the Specific Plan, the ministerial landscape construction documents requirements of Chapter 4 of the City's landscape manual, and all applicable portions of title 15 of the Carlsbad Municipal Code. • Grading permit issuance shall comply with title 15, section 15.16.110, except for completion of environmental documentation in accordance with chapter 19.04 of the Carlsbad Municipal Code. This exception applies because the Specific Plan, and the construction of improvements authorized herein, are adopted by Initiative and, therefore, are exempt from CEQA. It shall be unlawful for any person to initiate any development within the Specific Plan area without first obtaining City engineer sign-off on the Specific Plan grading and drainage plans and grading permits. 6.10 CITY PUBLIC RIGHT-OF-WAY CODE The Specific Plan shall comply with the applicable provisions of the Carlsbad Municipal Code, title 11, except that all plan-checks, sign-offs, actions, decisions, approvals, and other determinations with respect to such provisions shall be ministerial and thereby exempt from the requirements of CEQA and the Guidelines, including said exemptions with regard to all plan review activities described in Chapter 6.4, Specific Plan Procedures and Process and all of the Specific Plan EPFs in Specific Plan, Appendix B. Agua Hedionda 85/15 Specific Plan 6.0-15 Q-150 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 6.0 -IMPLEMENTATION It shall be unlawful for any person to initiate any development within the Specific Plan area without first obtaining City engineer sign-off on any Specific Plan installation within the City right-of-way. 6.11 FIRE CODE The Specific Plan shall comply with the Carlsbad Municipal Code, title 17, Fire Protection, including the requirement to have the Fire Code Official sign-off on the Specific Plan Fire Protection Plan, except that all plan-checks, sign-offs, actions, decisions, approvals, and other determinations with respect to such provisions shall be ministerial and thereby exempt from the requirements of CEQA and the Guidelines, including said exemptions with regard to all plan review activities described in Chapter 6.4, Specific Plan Procedures and Process and all of the Specific Plan EPFs in Specific Plan, Appendix B. It shall be unlawful for any person to initiate any development within the Specific Plan area without first obtaining Fire Code Official sign-off on the Specific Plan Fire Protection Plan. 6.12 COASTAL ACT ADMINISTRATION Upon approval of the Specific Plan Initiative, this Specific Plan and the amendments to the Agua Hedionda LUP (1982) are hereby approved for submittal to the Coastal Commission pursuant to Public Resources Code section 30510 and the California Code of Regulations, title 14, section 1355 l(b )(1 ). The amendments to the Agua Hedionda LUP shall take effect automatically upon Coastal Commission certification, including any terms or modifications which are suggested or required for final certification by the Commission. Any such terms or modifications of certification by the Coastal Commission are hereby acknowledged, accepted, and agreed upon pursuant to the California Code of Regulations, title 14, sections 13551 and 13544.5 of the Coastal Act. Following Specific Plan approval, the Coastal Commission will consider issuance of a coastal development permit to implement the Specific Plan pursuant to Chapter 7 of the Coastal Act. As part of the coastal development permit application process, the City, working with the Specific Plan applicant or its designee, will confirm that development under the Specific Plan (1) meets all zoning requirements, (2) needs no local permits other than building permits, and (3) has satisfied the California Environmental Quality Act or is otherwise exempt. Agua Hedionda 85/15 Specific Plan 6.0-16 Q-151 ·" INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 6.0 -IMPLEMENTATION 6.13 SUBSTANTIAL CONFORMANCE 6.13.1 Purpose In general, the expectation and goal is that all aspects of an approved plan (i.e., site plan, site design, design guidelines, development regulations, conditions, etc.) are completed and implemented through buildout. The overriding objective is to attain the highest quality plan consistent with the site plan, design, conditions, and commitments associated with any original approval. However, there will be situations where aspects of an approved plan will be proposed for change or revision. Notwithstanding any provision in the Carlsbad Municipal Code or other policy or regulation of the City or any department thereof, this chapter establishes the sole, exclusive, and objective criteria for the City Planner to sign-off on whether a requested Specific Plan change or modification is in substantial conformance with the original Specific Plan approval, consistent with the exclusive substantial conformance procedures set forth herein. 6.13.2 Substantial Conformance Criteria and Procedures 6.13.2.1 Substantial Conformance Criteria The following are the exclusive criteria that shall be followed by the City Planner with regard to signing off on whether a requested Specific Plan change or modification is in substantial conformance with the original Specific Plan approval. The City Planner shall determine that changes or modifications are in substantial conformance in cases of: • Design modifications or changes in site conditions (new or different) that deviate from the scope or conditions documented in the Specific Plan or amendments to the Agua Hedionda LUP (1982), but do not result in significant new environmental effects or significant new coastal resources effects; • Imposition of any additional conditions or EPFs that avoid or minimize environmental effects of the Specific Plan, provided that such conditions or features are feasible, linked (i.e., there is an essential nexus) with a legitimate governmental interest, roughly proportional, and consistent with the intent and purpose of this Specific Plan; • One or more adopted conditions or EPFs that become outdated or infeasible to implement as part of the Specific Plan, but there is one or more roughly equivalent condition(s) or feature(s) that can be substituted in place of the adopted condition(s) or feature(s), and are consistent with the intent and purpose of this Specific Plan; Agua Hedionda 85/15 Specific Plan 6.0-17 Q-152 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 6.0 -IMPLEMENTATION • Specific Plan modifications or Agua Hedionda LUP (1982) amendments that are required as a result of the Coastal Commission's review pursuant to Public Resources Code section 30512;or • Clerical modifications or changes in the Specific Plan to correct inadvertent errors or inconsequential conflicts with regard to the Specific Plan or its requirements. These substantial conformance criteria apply to any Specific Plan modifications, including those requested by the Specific Plan applicant or its designee; or required as a result of the Coastal Commission's review of the Specific Plan and the associated Agua Hedionda LUP (1982) amendments as part of the Coastal Act submission and certification process. The City Planner shall sign-off on a substantial conformance application provided it meets the above criteria, and the sign-off shall be the final, official action of the City. The City Planner's substantial conformance determinations shall be ministerial and thereby exempt from the requirements of CEQA and the Guidelines. 6.13.2.2 Substantial Conformance Procedure Application Application(s) for substantial conformance shall be filed on form(s) prescribed by the City Planner and accompanied by payment of the City's fee based on the latest adopted fee schedule. Application(s) shall be made by the Specific Plan applicant or its designee. Hearing No public hearing or public meeting shall be required m response to a substantial conformance application. Sign-Off The City Planner shall review and sign-off on a substantial conformance application request if it meets the substantial conformance criteria set forth above. The City Planner shall promptly provide written notice to the Specific Plan applicant or its designee and the Coastal Commission of the sign- off of any substantial conformance application. The City Planner's sign-off or refusal to sign-off, shall be final, however, the Specific Plan applicant or designee and City Manager shall meet and confer over any such refusal to sign-off. There shall be no administrative appeal of the City Planner's sign-off or refusal to sign-off. Agua Hedionda 85/15 Specific Plan 6.0-18 Q-153 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 6.0 -IMPLEMENTATION The City Planner shall make its substantial conformance sign-off or refusal to sign-off and issue written notice of same within 30 days of submittal of the substantial conformance application. 6.13.3 Specific Plan Amendments Purpose Amendments to the Specific Plan shall be required for modifications that are beyond the scope of the above-referenced substantial conformance criteria. Process Except as provided in the above-referenced substantial conformance provisions, the provisions of this Specific Plan can be amended or repealed as set forth in the Specific Plan Initiative. 6.14 GENERAL PLAN CONSISTENCY This Specific Plan has been prepared in conformance with the goals and policies of the adopted Carlsbad General Plan (1994) and the Draft General Plan Update (2014). In 2008, the City initiated a comprehensive planning and public participation process to update its General Plan. A Draft General Plan Update (2014) has been prepared, and the City is continuing to work on responses to comments received on the Draft General Plan Update (2014). When the responses to comments are completed and the City's Draft Program Environmental Impact Report for the Carlsbad General Plan Update (Draft EIR) is finalized, the City will initiate the public hearing process before both its Planning Commission and City Council. At the time the process commenced for enactment of this Specific Plan, the Draft General Plan Update (2014) goals and policies had not been adopted by City Council; thus, the Specific Plan need not demonstrate consistency with a draft plan. Nonetheless, to provide information that may be useful to the City, its decision makers, and the public, this Specific Plan demonstrates its consistency with both the current and Draft General Plan Update (2014) goals and policies. The Specific Plan, Appendix A, General Plan Consistency Analysis, contains the assessment demonstrating that the Specific Plan is consistent with the applicable goals and policies of both the adopted Carlsbad General Plan (1994) and the Draft General Plan Update (2014). To reduce the length of the General Plan Consistency Analysis, Specific Plan Appendix A does not assess Specific Plan consistency with every goal or policy included in the adopted Carlsbad General Plan (1994) or the Draft General Plan Update (2014). Instead, Appendix A focuses on the goals and policies relevant to the land uses and development within the Specific Plan area. Agua Hedionda 85/15 Specific Plan 6.0-19 Q-154 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 6.0 -IMPLEMENTATION 6.15 GROWTH MANAGEMENT PROGRAM CONSISTENCY Established in 1986, the City's Growth Management Program, enacted in Carlsbad Municipal Code, title 21, Zoning, chapter 21.90, Growth Management, directly links future development to the provision of public facilities and services in the City. The City uses a three-phase growth management approach. The "Citywide Facilities and Improvement Plan" establishes the 11 public facility performance standards and the principles for capital financing plans. "Local Facility Management Plans' are established for 25 sub-areas of the City. Development is then reviewed for compliance with the Citywide Plan and the applicable Local Facility Management Plan. Special conditions, phasing, and other requirements may apply based on the City's three- phase approach. The Specific Plan is in compliance with the City' Growth Management Program, including the applicable Zone 13 LFMP (1995). To ensure that the Specific Plan remains compliant Table 6.0-2, sets forth the required Zone 13 LFMP (I 995) compliance provisions that shall apply to this Specific Plan and all such compliance shall be ministerial and thereby exempt from the requirements of CEQA and the Guidelines: Table 6.0-2 Zone 13 Local Facility Management Plan Requirements Compliance Condition Financlna City Administrative Facilities Zone 13 compliant through buildout. No special conditions are required for All necessary City Administrative City Administrative Facilities . Facilities are in place and the required performance has and will continue lo be complied with; therefore, no special funding mechanisms are required. Participation in Carlsbad CFO No. 1 satisfies the financing guarantee for the facilities included in the CFO. Payment of Public Facilities Fees at the time of issuance of building permits for development shall satisfy the financing obligation of private development for any additional City Administrative facility upgrades or maintenance. Library Facilities Zone 13 compliant through buildout. No special conditions are required for All necessary Library Facilities are in Library Facilities. place and the required performance has and will continue to be complied with ; therefore, no special funding mechanisms are required. Participation in Carlsbad CFO No. 1 satisfies the financinq quarantee for the facilities Agua Hedionda 85/15 Specific Plan 6.0-20 Q-155 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 6.0 -IMPLEMENTATION Table 6.0-2 Zone 13 Local Facility Management Plan Requirements Comoliance Condition Flnancina included in the CFO. Payment of Public Facilities Fees at the time of issuance of building permits for development shall satisfy the financing obligation of private development for any additional Library facility upgrades or maintenance. Wastewater Treatment Capacity Zone 13 compliant through buildout. Adequate sewer treatment capacity Sewer connection fees provide the will be able to accommodate buildout source of funding for both sewer line sewer flows for the Carlsbad Sewer upgrades and expansion of treatment Service Area. Future development in plant capacity. Payment of sewer Zone 13 will be required to pay the connection fees shall satisfy the sewer connection fee and the sewer financing obligation of private benefit area fees for this basin at the development for Wastewater Treatment time of issuance of building permits for Capacity development within Zone 13. Payment of these fees will mitigate any Performance Standard impacts for Wastewater Treatment resulting from the development of Zone 13. Parks Facilities Park District 1 and Zone 13 will compliant New development within Zone 13 A Growth Management park fee of $0.40 through the buildout of Zone 13 by Capital shall pay a park fee of $0.40 per per square foot of non-residential Improvement Program funding and the square foot of nonresidential development will be collected at the time payment of a Growth Management Fee of development structures. The purpose of building permit issuance for any future $0.40 per square foot prior to the issuance of this fee is to fund recreational development within the zone. This fee of building permits. facilities within the industrial corridor will be used to construct recreational of the City of Carlsbad. facilities to offset the demand created by employees within Zone 13. Payment of this fee shall satisfy the financing guarantee for construction of the necessary future parks. Drainage Facilities Zone 13 will be compliant through buildout a. Prior to the issuance of a grading On-site facilities will be funded by new by the construction of drainage facilities. permit or building permit, whichever development. All new development will occurs first, for the Specific Plan, the pay PLDA Fees which are used by the Specific Plan applicant or its designee City of Carlsbad to fund public drainage is required to financially guarantee the infrastructure throughout the City. construction of the storm drainage facilities required for the Specific Plan Drainage improvements shall be development. The Specific Plan constructed, or an improvement applicant or its designee shall agreement will be provided by the financially guarantee and install Specific Plan applicant or its designee, necessary storm drain pipes and prior to the issuance of grading permit or facilities and hydro-building permit for the development modification/detention basins at the reauirina such improvement. No aradina Agua Hedionda 85/15 Specific Plan 6.0-21 Q-156 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 6.0-IMPLEMENTATION Table 6.0-2 Zone 13 Local Facility Management Plan Requirements Comoliance Condition Financina downstream end of the 7 s1Ub-basins at permits or building permits requiring the northern perimeter of Zone 13 in these improvements will be issued until conjunction with development of the the necessary financial guarantee for the Specific Plan. appropriate drainage improvements has been provided to the City, and has been b. New development within Zone 13 found acceptable to the City Finance shall pay Planned Local Drainage Area Director and City Attorney as consistent (PLDA) Fees to the City of Carlsbad. with the Specific Plan. Such fees are based on a per acre basis of land developed regardless of whether the proposed development connects to the City's storm drain system. This impact fee is based on an "essential nexus" to the impact from the development on the community. Notwithstanding that a particular area within Zone 13 does not propose any connections to the City's storm drain system; a PLDA fee for the development will be required and provided. Circulation Facilities Zone 13 Circulation facilities will be Zone 13 Circulation facilities shall On-site facilities will be funded by new compliant through buildout by the comply with the Traffic and Circulation development. Specific intersection identified traffic circulation mitigation . environmental protection features set mitigation will be funded be adjacent forth in the Specific Plan , Appendix development, or in the case where B. adjacent development has been completed and the area is fully urbanized, funding shall take place with Traffic Impact Fees (TIF) funds. All new development will pay TIF, which are used by the City of Carlsbad to fund public circulation improvements throughout the City. Circulation improvements shall be constructed, or an improvement agreement will be provided by the Specific Plan applicant or its designee, prior to the issuance of grading permit or building permit for the development requiring such improvement. No grading permits or building permits requiring these improvements will be issued until the necessary financial guarantee for the appropriate traffic improvements has been orovided lo the Citv, and has been Agua Hedionda 85/15 Specific Plan 6.0-22 Q-157 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 6.0-IMPLEMENTATION Table 6.0-2 Zone 13 Local Facility Management Plan Requirements Compliance Condition Financina found acceptable to the City Finance Director and City Attorney as consistent with the Specific Plan. Fire Facilities Zone 13 compliant through buildout. No special conditions are required for All fire facilities are in place for Zone 13 Fire Facilities. and the required Performance Standard has and will continue to be complied with; therefore, no special funding mechanisms are required. Open Space Zone 13 compliant through buildout. No special Zone 13 mitigation is Zone 13 is in compliance with the required. required Open Space Performance Standard for open space and therefore no special funding mechanism is required . School Facilities Zone 13 compliant through buildout. Undeveloped commercial and The required Performance Standard has industrial properties are exempt from and will continue to be complied with ; the requirement to annex into therefore, no special funding Carlsbad Unified School District mechanisms are required. (CUSD) Community Facilities District No. 3 which provides the ft.anding mechanism for payment of school mitigation costs and thus conformance with the adopted Performance Standard and requirements of the Stale of California and the CUSD. No mitigation conditions are required of properties within Zone 13. Sewer Collection Faoi/ities Zone 13 compliant through buildout by the All development within Zone 13 will be On-site facilities will be funded by new installation of sewer collection facilities required to pay the appropriate sewer development. All new development will sized to serve anticipated buildout demand connection fees prior to iss.uance of pay sewer connection fees which are within the zone, subject to compliance with any building permits for such used by the City of Carlsbad to fund the identified mitigation measures. development. public sewer infrastructure throughout the City. Sewer improvements shall be constructed, or an improvement agreement will be provided by the Specific Plan applicant or its designee, prior lo the issuance of grading permit or building permit for the development requiring such improvement. No grading permits or building permits requiring these improvements will be issued until Agua Hedionda 85/15 Specific Plan 6.0-23 Q-158 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 6.0 -IMPLEMENTATION Table 6.0-2 Zone 13 Local Facility Management Plan Requirements Compliance Condition Financina the necessary financial guarantee for the appropriate sewer collection improvements has been provided to the City, and has been found acceptable to the City Finance Director and City Attorney as consistent with the Specific Plan. Water Distribution Facilities Zone 13 compliant through buildout by the a. Water facilities will be provided by On-site facilities will be funded by new installation of waler distribution facilities the Specific Plan applicant or its development. All new development will sized to serve anticipated buildout demand designee for development within pay water connection fees which are within the zone, subject to compliance with Zone 13 concurrent wit'h Zone 13 used by the City of Carlsbad to fund the identified mitigation measures. development to the satisfaction of public water infrastructure throughout the Carlsbad Municipal Water District City. (CMWD). b. All future development in Zone 13 Water improvements shall be shall pay a major facilities fee constructed, or an improvement based on water meter size to agreement will be provided by the CMWD and any capacity charge Specific Plan applicant or its designee, levied by the San Diego County prior to the issuance of grading permit or Water Authority for domestic water building permit for the development meters. requiring such improvement. No grading permits or building permits requiring these improvements will be issued until the necessary financial guarantee for the appropriate water distribution improvements has been provided to the City, and has been found acceptable to the City Finance Director and City Attorney as consistent with the Specific Plan . In addition, the Specific Plan shall comply with the following conditions to en ure that the necessary public facilities are provided in compliance with the City of Carlsbad's Growth Management Program: ( 1) All development within Zone 13 shall conform to the prov1S1ons and conditions of the Zone 13 LFMP (1995). (2) All development within Zone 13 shall be required to pay a Public Facilities Fee pursuant to the standards adopted by the City Council on July 28, l 987, and as amended from time to time and all other applicable fees. Development in Zone 13 also shall be responsible for any additional fees to be incorporated Agua Hedionda 85/15 Specific Plan Q-159 6.0-24 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 6.0 -IMPLEMENTATION into this plan that are found to be necessary to enable facilities to meet the adopted Growth Management Program Performance Standard. If all such fees are paid at the time of building permit issuance, the Specific Plan area may or may not require annexation into CFD No. 1. (3) The City of Carlsbad shall monitor all facilities in Zone 13 pursuant to subsections 21.90.130(c), (d) and (e) of the Carlsbad Municipal Code. (4) All development in Zone 13 shall be in conformance with the adopted Citywide Facilities and Improvements Plan as adopted by City Council Resolution 8797 on September 23, 1986, and amended on January 9, 1990, and in conformance with future amendments as described in Condition 5 below. (5) An amendment to the Zone 13 LFMP (1995) will be necessary if Specific Plan development conditions change or as may be determined through the required monitoring program. Amendment to the Zone 13 LFMP (1995) may be initiated by ministerial action by the City Planner, or the Specific Plan applicant, or its designee. ( 6) If Specific Plan public facility or service is found not to be in conformance with an adopted Growth Management Program Performance Standard during the yearly monitoring, or at any other time, and a financial guarantee pursuant to the Growth Management Program for the facility is not in place, the matter will be immediately brought before the City Council. If the City Council determines that non-conformance exists, then no further building permits shall be issued until an amendment to the Citywide Facilities Improvement Plan or the Zone 13 LFMP (1995) is ministerially approved or the deficiency is otherwise satisfied pursuant to the requirements of the Growth Management Program. This amendment shall address any facility shortfalls and bring those facilities into conformance with the adopted Growth Management Program Performance Standards. Said amendment process shall be ministerial and thereby exempt from the requirements of CEQA and the Guidelines. 6.16 CITY CONDITIONS AND ENVIRONMENTAL PROTECTION FEATURES The Specific Plan incorporates conditions and EPFs to ensure that development in the Specific Plan area shall avoid or substantially minimize significant environmental effects with appropriate sensitivity to the land, its resources, and adjacent property, as listed below. • Aesthetics • Agriculture and Forest Resources Agua Hedionda 85/15 Specific Plan 6.0-25 Q-160 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 6.0 -IMPLEMENTATION • Air Quality • Fire Protection • Biological Resources • Police Protection • Cultural Resources • Schools • Geology and Soils • Libraries • Greenhouse Gas Emissions • Parks and Recreation • Hydrology • Traffic and Circulation • Water Quality • Water Service • Hazards and Hazardous Materials • Sewer Service • Land Use and Planning • Solid Waste • Mineral Resources • Energy • Noise • Socioeconomic Effects • Population and Housing All EPFs shall be implemented in accordance with the Specific Plan's EPFs as shown in Specific Plan, Appendix B. The Specific Plan applicant or its designee shall bear all costs or "fair-share" costs of implementing all EPFs set forth in Appendix B. 6.17 OTHER IMPLEMENTATION PROVISIONS This chapter sets forth the exclusive procedures for implementing the Specific Plan with regard to the property referenced below. 6.17.1 Open Space and Agricultural Areas As stated, the Specific Plan's open space and agricultural areas are of paramount importance to this plan. The Specific Plan provisions permanently protect approximately 176.7 acres for open space and the continuation of strawberry farming and coastal agriculture. This protection is provided by requiring an easement granted to the City of Carlsbad, a qualified environmentally-focused non- profit organization, or public agency for open space and agricultural conservation purposes over approximately 155 .1 acres of the Specific Plan area. The remaining approximately 21.6 acres will be subject to an easement or a deed restriction for open space and agricultural purposes -in addition to allowing supporting improvements and uses, including farm stand, farm-to-table dining, and parking. Agua Hedionda 85/15 Specific Plan 6.0-26 Q-161 - INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 6.0 -IMPLEMENTATION The Specific Plan provides Carlsbad residents and visitors low-impact public access to the open space lands by providing passive recreation amenities including miles of new nature trails and walkways, picnic and rest areas, lagoon vistas, an outdoor classroom, parking, and an integrated resource and educational signage program. Specifically, the Specific Plan requires that the open space portions of the approximately 155.1 acres be dedicated to one or more qualified environmentally-focused non-profit entities, land conservancy organizations, or public agencies; and that the agricultural portion be dedicated to one or more qualified environmentally-focused non-profit entities, land conservancy organizations, public agencies and/or qualified farming and agricultural interests. Further, the Specific Plan requires the protected habitat, public access, and agricultural areas within the dedicated open space conservation land to be managed, operated, and maintained in cooperation with one or more qualified environmentally-focused non-profit entities, land conservancy organizations, land managers, agencies, and farming and agricultural interests. The Specific Plan provides for the continuation and support of strawberry farming and coastal agriculture within the Specific Plan area and furnishes Carlsbad residents and visitors with a pedestrian-oriented visitor-serving Outdoor Shopping, Dining, and Entertainment Promenade on approximately 26. 7 aces within the Specific Plan area for a high-quality, functionally integrated district designed to maintain a sense of community and contribute to Carlsbad's traditional "village" identity and beach community character. The Specific Plan establishes revenue sources from the Specific Plan's visitor-serving commercial uses, and/or from private funding, to dedicate, improve, restore, operate, and maintain in perpetuity the dedicated open space areas at no tax burden to Carlsbad residents. These Specific Plan open space requirements and funding mechanisms must be in place prior to opening the visitor-serving commercial component of the Specific Plan. 6.17.2 Hub Park Lease The City Planner shall sign off on whether all of the following conditions have been satisfied with regard to the Hub Park Lease: • The Specific Plan is adopted as provided by law, and • The Specific Plan applicant or its designee grants permanent open space and agricultural easements in favor of one or more of the City of Carlsbad qualified environmentally- focused non-profit or land conservancy organizations, and/or farming and agricultural interests with respect to the land designated as Open Space within the portion of APN 211-010-31-00 that is north of Cannon Road. Agua Hedionda 85/15 Specific Plan 6.0-27 Q-162 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 6.0 -IMPLEMENTATION If the City Planner signs off that the foregoing conditions are satisfied, the Hub Park Lease shall be deemed to: (a) be inconsistent with the Carlsbad General Plan (1994) with regard to the land covered by said lease, and (b) interfere with the accomplishment of the purposes set forth in the Specific Plan. Promptly thereafter, the Carlsbad City Council shall place on its agenda for action the rescission of the Hub Park Lease within sixty (60) days of the sign-off by the City Planner. The actions of the City Planner and the Carlsbad City Council shall be ministerial and thereby exempt from the requirements of CEQA and the Guidelines. 6.17 .3 Beach Access Lease The City Planner shall sign-off on whether all of the following conditions have been satisfied with regard to the Beach Access Lease: • The Specific Plan is adopted as provided by law, • The Specific Plan applicant or its designee establishes a private financing plan, consistent with the financing options set forth in this chapter, to fund the acquisition, improvements, and maintenance of the land designated as open space within APN 211-010-31-00 (i.e., the portion north of Cannon Road) and APN 211-010-24-00. • The Specific Plan applicant or its designee grants permanent open space and agricultural easements in favor of one or more of the City of Carlsbad, qualified environmentally- focused non-profit or land conservancy organizations, and/or farming and agricultural interests with respect to the land designated as open space within the portion of APN 211-010-31-00 that is north of Cannon Road, and • The land designated as open space within the portion of APN 211-010-31-00 that is north of Cannon Road is ultimately dedicated to one or more of qualified environmentally- focused non-profit, or land conservancy organizations, public agency, and/or farming and agricultural interests. If the City Planner signs-off that the foregoing conditions are satisfied, the Beach Access Lease shall be deemed to: (a) be inconsistent with the Carlsbad General Plan (1994) with regard to the land covered by said lease, and (b) interfere with the accomplishment of the purposes set forth in the Specific Plan. Promptly thereafter, the Carlsbad City Council shall place on its agenda for action the rescission of the Beach Access Lease within sixty (60) days of the sign-off by the City Planner. The actions of the City Planner and the Carlsbad City Council shall be ministerial and thereby exempt from the requirements of CEQA and the Guidelines. Agua Hedionda 85/15 Specific Plan 6.0-28 Q-163 C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 6.0 -IMPLEMENTATION 6.17 .4 "Not a Part" (NAP) Parcels The development approved under the Specific Plan shall not impact any recorded easement benefitting the NAP Parcels. 6.18 OTHER LOCAL APPROVALS Notwithstanding any provision of the Carlsbad Municipal Code or other policy or regulation of the City or any department thereof, and to ensure that development within the Specific Plan area is subject to express, objective standards that cannot be changed through any subsequent local discretionary action or interpretation, the Specific Plan shall not be subject to any provision of the Carlsbad Municipal Code that seeks to regulate or guide development within the Specific Plan, except as otherwise provided in this Specific Plan. All development within the Specific Plan shall be subject to the Zone 13 LFMP (1995) requirements and conditions identified herein above, and the EPFs shown in Appendix B of the Specific Plan. The City shall enforce the Specific Plan's Zone 13 LFMP conditions and the EPFs in the same manner as the City enforces any other conditions or measures, except that the City shall not have the power to revoke or repeal the Specific Plan. The development standards and design guidelines set forth in Chapters 3.0 and 4.0 of the Specific Plan and the Chapter 6.4, Specific Plan Procedures and Process provisions identified above are intended to be implemented as ministerial and thereby exempt from the requirements of CEQA and the Guidelines. Nonetheless, if a development standard, condition, design guideline, EPF, or any other provision of this Specific Plan is construed as "discretionary" under CEQA, then the Specific Plan shall be exempt from any such requirements. The application of this exemption -if necessary -will ensure that the Specific Plan's fundamental intent with regard to its implementation and interpretation is realized. Except as provided in this Specific Plan, no City of Carlsbad discretionary permit, approval, or entitlement shall be required because the intent of this Specific Plan is to replace and supersede the need for any such permit, approval, or entitlement required by the City, except as otherwise provided in this Specific Plan. Agua Hedionda 85/15 Specific Plan 6.0-29 Q-164 C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 6.0 -IMPLEMENTATION INTENTIONALLY LEFT BLANK Agua Hedionda 85/15 Specific Plan 6.0-30 Q-165 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS APPENDIX A General Plan Consistency Q-166 APPENDIX A General Plan Consistency Table l below, provides an analysis of the Specific Plan's consistency with the Carlsbad General Plan (1994) and the Draft General Plan Update (2014) relevant goals, objectives and policies applicable to the Specific Plan area. Based on this analysis, the Specific Plan is consistent with both the Carlsbad General Plan ( 1994) and the Draft General Plan Update (2014). Table 1 Carlsbad General Plan (1994) Consistency Analysis Overall Land Use Pattern Policy Text Consistency Analysis Land Use Element Overall Land Use Pattern Goal A City which preserves and enhances the environment, character The proposed Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% A.1 and image of itself as a desirable residential, beach and open Retail (Specific Plan) is consistent because it permanently protects and conserves space oriented community. approximately 176.7 acres, or more than 85% of the Specific Plan area, for open space, and the continuation of strawberry farmi ng and coastal agriculture. The Specific Plan's protection, conservation and enhancement of the open space and agricultural land will be achieved through the Specific Plan itself and in cooperation with the City of Carlsbad (City), one or more qualified environmentally focused non-profit entities, lar1d conservancy organizations, land managers, public agencies, and qualified farming and agricultural interests. The remaining approximately 26.7 acres, or less than 15% of the Specific Plan area, will include creation of a pedestrian-oriented visitor-serving commercial, shopping, dining, and entertainment promenade (Outdoor Shopping, Dining, and Entertainment Promenade). The Outdoor Shopping, Dining, and Entertainment Promenade will create a sense of community, and contribute lo Carlsbad 's traditional "village' identity and beach community character. For further information , refer to Specific Plan, Chapter 1.1, Overview. A.2 A City which provides for an orderly balance of both public and In addition to the response above addressing Goal A.1 , the Specific Plan is consistent private land uses within convenient and compatible locations because it will provide low-impact public access to open space lands through passive throughout the community and ensures that all such uses, type, recreational opportunities in the coastal zone, which are made possible through revenue amount, design and arrangement serve to protect and enhance sources from the Specific Plan's Outdoor Shopping, Dining, and Entertainment the environment, character and image of the City. Promenade. For further information, refer to Specific Plan, Chapter 1.1, Overview. A.3 A City which provides for lar1d uses which through their Refer to the response above addressing Goal A.2. arranaement, location and size, suooort and enhance the A-1 Consistent/ Inconsistent Consistent Consistent Consistent 8707 May 2015 Overall Land Use Pattern Objective B.1 B.2 B.3 Policy C.1 C.2 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Policy Text Consistency Analysis economic viability of the community To create a distinctive sense of place and identity for each The Specific Plan is consistent because ii creates a framework for protection, community and neighborhood of the City through the conservaUon and development within the Specific Plan area. The Specific Plan area is development and arrangement of various land use components. divided into five unique areas: (1) Habitat Management Plan Open Space (HMP-OS); (2) Passive Open Space (P-OS); (3) Exclusive Agriculture Open Space (EAG-OS) (4) Agricultural Support Open Space (AGS-OS); and (5) Visitor-Serving Commercial (VSC). These designations will allow for and facilitate the provision of habitat protection; low-cost public access to passive open space and recreation areas; the continuation of agriculture and coastal strawberry farming; and connections to unique, high-quality visitor-serving retail, shopping, dining, entertainment, and recreation opportunities. For further information, refer to Specific Plan, Chapters 3.2 and 3.3, Land Use Plan and Land Use Designations (respectively). To create a visual form for the community, that is pleasing to the The Specific Plan is consistent because planning principles, characteristics, and eye, rich in variety, highly identifiable, reflecting cultural and development standards therein will conserve significant environmental features and environmental values of the residents. resources; protect and conserve natural resources; and serve to enhance public access , open space, trails, views, and recreation opportunities. In addition, the Specific Plan will ensure buildings, structures, and improvements incorporate designs with scale, mass, and height that respect the undisturbed character of the area, and designs follow existing topography, blend in with the natural landscape, and minimize visual prominence. For further information, refer to Specific Plan, Chapter 3, Land Use. To provide for the social and economic needs of the community Refer to the responses above addressing Goal A.1 and Objective B.1 . in conjunction with permitted land uses. Arrange land uses so that they preserve community identity and The Specific Plan is consistent because the five areas therein -(1) Habitat Management are orderly, functionally efficient, healthful, convenient to the Plan Open Space (HMP-OS); (2) Passive Open Space (P-OS); (3) Exclusive Agriculture public and aesthetically pleasing. Open Space (EAG-OS) (4) Agricultural Support Open Space (AGS-OS); and (5) Visitor- Serving Commercial (VSC) -allow for and facilitate the provision of habitat protection; low-cost public access to passive open space and recreation areas; the continuation of agriculture and coastal strawberry farming; and connections to unique, high-quality visitor-serving retail, shopping, dining, entertainment, and recreation opportunities that promote and preserve the City's identity. For further information, refer to Specific Plan, Chapters 3.2 and 3.3, Land Use Plan and Land Use Designations (respectively). Establish development standards for all land use categories that Refer to the response above addressing Policy C.1. A-2 Consistent/ Inconsistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 ,0 I -0', \0 Overall Land Use Pattern C.3 C.4 C.6 C.7 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1 994) Consistency Analysis Policy Text Consistency Analysis will preserve natural features and characteristics, especially those within rural, coastal and/or hillside areas. Ensure that the review of future projects places a high priority on The Specific Plan is consistent because it includes development standards that define the compatibility of adjacent land uses along the interface of uses permitted within the Specific Plan area and provide specific standards for different density categories. Special attention should be given to development in the plan. Such development standards include provisions for permitted buffering and transitional methods, especially, when reviewing structures, trails, walls and fencing, lighting, signage, parking and landscaping; while properties where different residential densities or land uses are paying special attention to bufferi ng and transition methods between the visitor-serving involved. commercial and open space areas. For further information, refer to Specific Plan, Chapter 3.5, Development Standards. Encourage clustering when it is done in a way that is compatible Refer to the response above addressing Policy C.1. with existing, adjacent development. Review the architecture of buildings with the focus on ensuring The Specific Plan is consistent because all structures will employ an architectural style the quality and integrity of design and enhancement of the consistent with the City's character and history. Structural design will employ sustainable, character of each neighborhood. green design and technologies, and will be designed to highlight the area's history and maximize views to agricultural lands and open space. For further information, refer to Specific Plan, Chapter 3.5, Development Standards. Evaluate each application for development of property with The Specific Plan is consistent because it development within the Specific Plan area regard to the following specific criteria: meets the criteria outlined. The open space areas will provide trails and pathways that 1. Site design quality which may be indicated by the harmony of invite visitors, residents, and others to experience the open space areas for recreation the proposed buildings in terms of size, height and location, and education purposes. Trails and pathways provide convenient connections between with respect to existing neighboring development. parking, outdoor spaces, picnic areas, viewpoints, vistas and intermediate tra il 2. Site design quality which may be indicated by the amount connections. Landscaping and screening will reinforce pedestrian connections; and, a and character of landscaping and screening. visual separation between vehicular and pedestrian routes. The Specific Plan provides for 3. Site design quality which may be indicated by the a bike route overlay to accommodate bicycle routes, which are otherwise not permitted In arrangement of the site for efficiency of circulation, or on-site certain open space areas. and off-site traffic safety, privacy, etc. 4. The provision of public and/or private usable open space The VSC area will foster a sense of community by providing safe, pedestrian-friendly and/or pathways designated in the Open Space and Parks walkways and trails to destinations, gathering places, picnic areas, vistas, and visitor• and Recreation Elements. serving commercial, dining, entertainment, and recreation amenities for a variety of 5. Contributions to and extensions of existlng systems of foot or Carlsbad residents and visitors. Building size, height, and location will ensure harmony bicycle paths, equestrian trails, and the greenbelts provided with the surrounding areas. For further information, refer to Specific Plan, Chapter 3.5, Development Standards. A-3 Consistent/ Inconsistent Consistent Consistent Consistent Consistent 8707 May 2015 ,0 ' ,.... ---l 0 Overall Land Use Pattern C.8 C.9 C.11 C.12 C.14 C.15 APPENDIX A (Continued) Table I arl bad G neraJ Plan (1994) Consisteoc Anal Polley Text Consistency Analysis for in the Circulation, Parks and Recreation and Open Space Elements of the General Plan. 6. Compliance with the performance standards of the Growth Management Plan. 7. Development proposals which are designed to provide safe, easy pedestrian and bicycle linkages lo nearby transportation corridors. 8. The provision of housing affordable to lower and/or moderate income households. 9. Policies and programs outlined in Local Coastal Programs where applicable. Provide for a sufficient diversity of land uses so that schools, Refer to the responses above addressing Goal A.1, Objective B.1, and Policies C.1 parks and recreational areas, churches and neighborhood through C.7. shopping centers are available in close proximity to each resident of the Qty. Consider the social, economic and physical impacts on the The Specific Plan is consistent because it considers and will contribute to the City's community when implementing lhe Land Use Element. social, economic, and physical vitality. Ongoing operation of the Specific Plan upon build- out will generate thousands of jobs, and hundreds of millions in labor income and economic output annually in the region through direct, indirect, and induced economic activity. Restrict buildings used for large public assembly, Including, but The Specific Plan is consistent because all seismic and stability effects have been not limited to schools, theaters, auditoriums and high density avoided or substantially reduced by the Specific Plan's environmental protection features residential development, to those areas which are relatively safe (EPFs). For information regarding the EPFs, refer to Appendix B, Environmental from unexpected seismic activity and hazardous geological Protection Features. conditions. Develop and retain open space in all categories of land use. Refer to the response above addressing Goal A.1, Objective B.1, and Policy C.1. Develop a periodic five year plan to thoroughly review the The Specific Plan is consistent because ii will not impede or impair the City's ability to General Plan and revise the document as necessaiy. develop a five year plan. Develop a program establishing policies and procedures for The Specific Plan is consistent because it will not impede or Impair the City's ability to amending both mandatory and optional elements of the General develop a program for amending General Plan elements. The Specific Plan also is Plan. consistent because pursuant to the Election Code, It will propose general plan A-4 Consistent/ Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May2015 APPENDIX A {Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Overall Land Use Pattern Polley Text Consistency Analysis amendments to ensure its adoption is consistent with the General Plan. For further information, refer to Specific Plan, Chapter 1.5.1, Specific Plan's Relationship to the Agua Hedionda 85/15 Specific Plan Initiative. C.16 Amend Title 21 of the Carlsbad Municipal Code (zoning Refer to the response above addressing Policy C.14. ordinance and map), as necessary, to be consistent with the approved land use revisions of the General Plan and General Plan Land Use Map. C.17 Amend the Local Coastal Programs, as required, to be consistent The Specific Plan is consistent because the Agua Hedionda Local Coastal Plan (LCP) with the updated General Plan, or amend the General Plan to be segment is a California Coastal Commission (Coastal Commission or Commission)• consistent with the Local Coastal Program. deferred certification area until an implementation plan for that segment is certified by the Commission. For that reason, the Commission maintains coastal development permit jurisdiction for the Agua Hedionda LCP segment. C.18 Amend the Local Coastal Programs, as required, to be consistent Refer lo the response above addressing Policy C.17. with the updated General Plan, or amend the General Plan lo be consistent with the Local Coastal Program. Growth Management and Public Facilities Goal A City which ensures the timely provision of adequate public The Specific Plan is consistent because all effects to public facilities and services have A.1 facilities and services lo preserve the quality of life of residents. been avoided or substantially reduced through the Specific Plan's EPFs. For information regarding the EPFs, refer to Specific Plan, Appendix B, Environmental Protection Features. A.2 A City which maintains a system of public facilities adequate for Refer to the response above addressing Goal A.1. the projected population. A.3 A City that responsibly deals with the disposal of solid and liquid The Specific Plan is consistent because all effects to sewer service and solid waste waste. disposal have been avoided or substantially reduced through the Specific Plan's EPFs. For information regarding the EPFs, refer to Specific Plan, Appendtx B, Environmental Protection Features. Objective To develop programs which would correlate the ultimate density The Specific Plan is consistent because all effects to the City's service capabilities have B.1 and projected population with the service capabilities of the City. been avoided or substantially reduced through the Specific Plan's EPFs. For information regarding the EPFs, refer to Specific Plan, Appendix B, Environmental Protection Features. Policy Permit the approval of discretionary actions and the development The Specific Plan is consistent because ii sets forth exclusive procedures, regulations, A-5 Consrstent/ Inconsistent Consistent Consistent Consistent. Consistent Consistent Consistent Consistent Consistent 8707 May 2015 ,0 I .... -l N Overall Land Use Pattern C.1 C.2 APPENDIX A (Continued) Ta ble 1 Carlsbad General Plan (1994) Co nsistency Analysis Polley Text of land only after adequate provision has been made for public facilities and services . 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 witti development: PUBLIC FACILITY AND SERVICE PERFORMANCE STANDARDS City Administration Facilities 1,500 square feet per 1,000 population must be scheduled for construction within a five year period. Library BOO square feet per 1,000 population must be scheduled for construction within a five year period. Wastewater Treatment Capacity Sewer plant capacity is adequate for at least a five-year period, Parks Three acres of community park or special use parl<. per 1,000 population within the Pan<. District, must be scheduled for construction within a five year period. Drainage facilities must be provided as required by the City concurrent with development. Circulation No road segment or intersection in the zone nor any road segment or intersection out of the zone which is impacted by development in the zone shall be projected to exceed a service level C during off-peak hours, nor service level D during peak hours. Impacted means where 20% or more of the traffic generated by the local facilities management zone will use the road segment or intersection. Fire No more than 1,500 dwelling units outside of a five minute response time. Open Space Fifteen percent of the total land area in the zone exclusive of environmentally constrained non-developable land must be set aside for permanent open space and must be available concurrent with development. Schools School capacity to meet Consistency Analysis and process to fully implement the Specific Plan. This Plan Review Process includes satisfying the City's prescribed submittal checklist requirements: providing materials that demonstrate compliance with the Specific Plan land use plan, development standards, or design guidelines, or with requirements for infrastructure, open space, trails, services, facilities, and other amenities prescribed by the Specific Plan: and undergoing plan-check on forms prescribed by the City Planner in the specified timelines. For further information, refer to Specific Plan, Chapter 6.4, Specific Plan Procedures and Process. The Specific Plan is consistent because it complies with the applicable performance standards for parks, drainage, circulation, open space, sewer, and water distribution through employment of the EPFs. For information regarding the EPFs, refer to Specific Plan, Appendix B, Environmental Protection Features. A-6 Consistent/ Inconsistent 8707 May 2015 Overall Land Use Pattern 0 C.3 I --..J w C.4 C.5 C.6 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Policy Text Consistency Analysis projected enrollment within the zone as determined by the appropriate school district must be provided prior to projected occupancy. Sewer Collection System Trunk line capacity to meet demand as determined by the appropriate sewer district must be provided concurrent with development. Water Distribution System Line capacity to meet demand as determined by the appropriate water district must be provided concurrent with development. A minimum 10 day average storage capacity must be provided concurrent with development. Ensure that funding for necessary public service and facilities is The Specific Plan is consistent because it requires specific improvements to enhance guaranteed prior to any development approvals. habitat protection and public access to open space, and preserve, restore, and protect open space and agriculture prior to the opening of any visitor-serving commercial development within the Specific Plan area . Further, the Specific Plan is consistent because the plan will secure permanent funding mechanisms for the ongoing maintenance and management of such improvements , and the mechanism(s) must be in place before any portion of the Specific Plan area is opened to the public for a new commercial use. For further information, refer to Specific Plan, Chapter 6.2, Financing Mechanisms. Coordinate the type, location, and amount of growth in the City Refer to the response above addressing Policy C.3. with the City's Capital Improvement Program (GIP) to ensure that adequate funding is available to provide service and facilities. Prioritize the funding of projects in the Capital Improvement Program to provide facilities and services to infill areas in the City or areas where existing deficiencies exist. Maintain the Growth Monitoring Program which gives the City the The Specific Plan is consistent because it will not impede or impair the City's ability to ability to measure its public service requirements against the rate maintain its Growth Monitoring Program. of physical growth. This information should be used when considering developmental requests and will allow the City to set its own direction for growth and establish priorities for capital improvement funding. provided emphasis shall be given to ensuring good traffic circulation, schools, parks, libraries, open space and recreational amenities. Public facilities may be added . A-7 Consistent/ Inconsistent Consistent Consistent 8707 May 2015 ,0 I -.....:a .... Overall Land Use Pattern C.7 Goal A.1 A.2 A.3 A.4 Objective B.1 B.3 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Policy Text Consistency Analysis The City Council shall not materially reduce public facilities without making corresponding reductions in residential densities. The City Council or the Planning Commission shall not find that The Specific Plan is consistent because ii employs a phasing approach that ensures all all necessary public facilities will be available concurrent with necessary public facilities and services are in place prior to or concurrent with need as required by the Public Facilities Element and the City's development within the Specific Plan area as required by the City's Growth Management Growth Management Plan unless the provision of such facilities Plan. Forfurther information, refer to Specific Plan , Chapter 6.1 , Phasing. is guaranteed. In guaranteeing that the facilities will be provided emphasis shall be given to ensuring good traffic circulation, schools, parks, libraries, open space and recreational amenities. Public facilities may be added. The City Council shall not materially reduce public facilities without making corresponding reductions in residential densities . Commercial A City that achieves a healthy and diverse economic base by The Specific Plan is consistent because approximately 26.7 acres, or less than 15% of creating a climate for economic growth and stability to attract the Specific Plan area, will include creation of a pedestrian-oriented visitor-serving quality commercial development to serve the employment, commercial, shopping, dining, and entertainment promenade (Outdoor Shopping, Dining, shopping, recreation, and service needs of Carlsbad residents. and Entertainment Promenade). The promenade will create a sense of community, and A City that provides for the development of compatible, contribute to Carlsbad's traditional "village" identity and beach community character. The conveniently located Local, General, Regional, Travel/Recreation Outdoor Shopping, Dining, and Entertainment Promenade is conveniently accessed by Commercial, and Office and Related Commercial uses. Interstate 5 (1-5) and Cannon Road. The Specific Plan area is uniquely situated to serve A City that promotes economic development strategies, for the visitor-serving commercial, shopping, dining, and entertainment needs of the entire commercial, industrial, office and tourist-oriented land uses. Carlsbad community and its visitors. The Specific Plan's Visitor-Serving Commercial (VSC) designation implements the Carlsbad General Plan (1994) Travel/Recrea tion (TR) A City that promotes recreational and tourist-oriented land uses commercial designation, and the Agua Hedionda LUP (1982) Travel Service (TS) which serve visitors, employees of the industrial and business commercial designation. For further information, refer to Specific Plan, Chapters 1.1 and centers, as well as residents of the city. 1.4, Overview and Intent and Purpose (respectively) .. To limit the amount of new commercial land use designations to In addition to the response above addressing Goals A.1 through A.4, the Specific Plan is that which provides for basic commercial service to all areas of consistent because it reduces and implements the Carlsbad General Plan (1994) TR the City without creating undue overlaps in trade areas, commercial designation, and the Agua Hedionda LUP (1982) TS commercial designation consistent with the prime concept and image of the community as as one VSC designation. For further information, refer to Specific Plan, Chapter 1.4, a desirable residential, open space community Intent and Purpose. To establish and maintain commercial development standards to The Specific Plan is consistent because it establishes development standards that A-8 Consistent/ Inconsistent Consistent Consistent Consistent Consistent 8707 May 2015 Overall Land Use Pattern Policy C.1 C.2 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Policy Text Consistency Analysis address landscaping, parking, signs, and site and building uniformly address landscaping, parking, signs, and site and building design lo ensure all design, to ensure that all existing and future commercial future commercial development is compatible with surrounding land uses. For further developments are compatible with surrounding land uses. information, refer to Specific Plan, Chapter 3.5, Development Standards. Applications for the re-designation of land to commercial land The Specific Plan is exempt from certain plan and permit requirements upon adoption by uses shall be accompanied by a conceptual development plan of initiative or through election . In addition, the Specific Plan demonstrates consistency with the site and a market study that demonstrates the economic these general guidelines by adopting the new visitor-serving commercial land use viability of using the land in the way being requested. Such designation, which provides for the zoning of a new shopping, dining, entertainment, and studies shall give due consideration to existing and future sites recreation area. For further information, refer to Specific Plan, Chapter 3.0, Land Use .. that may compete within shared trade areas. Utilize the following guidelines to determine the appropriate spatial distribution of new sites for local shopping centers and to assign associated zoning. In some instances it may not be possible to implement all of these guidelines fully and some degree of flexibility in their application may be required. 1. New master plans and residential specific plans and other large development proposals shall evaluate whether there is a need to include a local shopping center within the development, consistent with these guidelines. 2. Locate local shopping centers so that, wherever possible, they are centrally located within their primary trade areas. 3. As a convention, the primary trade areas of existing and proposed local shopping centers may be defined in terms of the time patrons typically experience traveling to the center. The range of travel times for local shopping centers is given in Table 3: Guidelines for Commercial Land Uses. Any citywide analysis used to establish the spatial distribution of centers should consider a typical travel time, the current or built-out condition of the City and whether the travel being modeled occurs "on peak" or "off peak" travel hours, together with other factors that may be appropriate. 4. Citywide, trade areas of centers should abut one another as much as is possible, so as to result in minimal gaps and A-9 Consistent/ Inconsistent Consistent 8707 May 2015 Overall Land Use Pattern C.3 C.4 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Anal ysis Policy text overlaps. This assures that all areas of the City will have 'coverage" by a center, while reducing the propensity for over-commercialization (See Goal B.1). 5. Generally, local shopping centers should not be located directly within the residential neighborhoods they serve, but, rather, on the peripheries of the neighborhoods, along or near major streets or future extensions of major streets. 6. New sites for local shopping centers should not be located along El Camino Real, so as to minimize the commercialization of this scenic roadway. 6. The population within the trade area at buildout should be of a size that the local shopping center would be economically viable, considering other existing and future centers. 7. Consider intersection spacing and other circulation criteria to assure safe, and functional access to the local shopping center. Good locations will be readily accessed from principal travel routes and have several entrances. (Sites located along primary arterials may have difficulty meeting this guideline.) Build, and operate local shopping centers in such a way as to complement but not conflict with adjoining residential areas. This shall be accomplished by: 1. Con trolling lights, signage, and hours of operation to avoid adversely impacting surrounding uses. 2. Requiring adequate landscaped buffers between commercial and residential uses. 3. Providing bicycle and pedestrian links between proposed local commercial centers and surrounding residential uses Comprehensively design all commercial development to address common ingress and egress, adequate off-street parking and loading facilities. Each commercial site should be easily accessible by pedestrians, bicyclists, and automobiles to nearby residential development. Consistency Analysis The Specific Plan is consistent because it establishes development standards that uniformly address lighting, signs, and buffers to ensure all future commercial development is compatible with surrounding land uses. The Specific Plan provides for pedestrian trails and pathways, and a bike route overlay to accommodate bicycle routes. For further information, refer to Specific Plan, Chapter 3.5, Development Standards. The Specific Plan is consistent because all traffic and circulation facilities have been avoided or substantially reduced by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. A-10 Consistent/ Inconsistent Consistent Consistent 8707 May 2015 Overall Land Use Pattern C.5 0 I --l -l C.6 C.8 C.9 C.11 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Policy Text Consistency Analysis In addition to local and regional shopping centers, provide a The Specific Plan is consistent because it provides for permitted and prohibited land uses greater mix of general commercial services to the community in to avoid for the creation of "strip commercial development" in favor of a high-quality, convenient locations for residents. This may be accomplished visitor-serving commercial, shopping, dining, entertainment, and recreational experience. through 1) the development of stand-alone general commercial For further information , refer to Specific Plan, Chapter 3.3.6, Visitor-Serving Commercial uses, or 2) the development of two or more general commercial (VSC). uses on the same site; provided that the commercial development is architecturally unified and avoids the creation of "strip commercial development" (i.e. long corridors of retail/service establishments with numerous curb cuts, inappropriate intersection spacing, disharmonious architectural styles, and a proliferation of signs) on discrete stand-alone commercial lots which are not part of a local or regional shopping center or meet the size requirements of a local or regional shopping center. Ensure that commercial architecture emphasizes establishing Refer to Goal A.1 , Overall Land Use Pattern, above addressing the Specific Plan area. community identity while presenting tasteful, dignified and visually appealing designs compatible with their surroundings. Ensure that all commercial development provides a variety of The Specific Plan is consistent because it establishes development standards that courtyards and pedestrian ways, bicycle trails, landscaped address the creation of a visitor-serving commercial area that will employ complementary parking lots, and the use of harmonious architecture in the and harmonious architecture with the commercial design throughout the region. The VSC construction of buildings. area will be designed to ensure a smooth transition to the surrounding community and adjacent natural open space. In addition, the VSC area will create a pedestrian-friendly retail environment with paths, courtyards, and plazas. For further information, refer to Specific Plan, Chapter 3.5, Development Standards. Permit the phasing of commercial projects to allow initial The Specific Plan is consistent because ii provides for a phasing approach as part of its development and expansion in response to demographic and implementation. For further information , refer to Specific Plan, Chapter 6.1 , Phasing. economic changes. Site designs should illustrate the ultimate development of the property and/or demonstrate their ability to coordinate and integrate with surrounding development. Encourage commercial recreation or tourist destination facilities, Refer to the response above addressing Goals A.1-A.4. as long as they protect the residential character of the community and the opportunity of local residents to enjoy (in a safe, A-11 Consistent/ Inconsistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 Overall Land Use Pattern C.12 C.13 C.15 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Policy Text attractive and convenient manner) the continued use of the beach, local transportation, and parking facilities. Orient travel/recreation commercial areas along the 1-5 corridor, in the Village, or near resort/recreation areas. Revise Section 21 .29.030 of the Zoning Ordinance (Commercial Tourist Zone, Permitted Uses and Structures) to more accurately reflect the intent of the Travel/Recreation Commercial general plan designation lo serve the traveling public, visitors to the city, as well as employees of business and industrial centers. Strip commercial development (i.e. long corridors of retail/service establishments with numerous curb cuts, inappropriate intersection spacing, disharmonious architectural styles, and a proHferalion of signs) shall be discouraged in all areas of the City other than the Village Consistency Analysis Refer to the response above addressing Goals A.1-A.4. In addition to the response above addressing Goals A.1-A.4, the Specific Plan is consistent because it creates a new Specific Plan zone that accurately reflects the Carlsbad General Plan (1994) and complies with the City's Growth Management Program and the Agua Hedionda LUP (1982). For further information, refer to Specific Plan, Chapters 3.0 and 6.0, land Use and Implementation (respectively) .. The Specific Plan is consistent because ii provides for permitted and prohibited land uses to avoid for the creation of 'strip commercial development" in favor of a high-quality, visitor-serving commercial, shopping, dining, entertainment, and recreationa l experience. for further information, refer to Specific Plan, Chapter 3.3.6, Visitor-Serving Commercial (VSC). Agriculture Goal A City which prevents the premature elimination of agricultural The Specific Plan is consistent because it will protect approximately 176.7 acres for open A.1 land and preserves said lands wherever possible. space and the continuation of strawberry farming and coastal agriculture. For further -A-.2------1-A-C-ity_w_h_ich_s_u_pp_o_rt_s_ag_ric_u_lt_ur_e_w_h-il_e _p_la-n-ni-ng-fo_r_p_o_ss-ib-le__, information, refer to Specific Plan, Chapter 1.1 , Overview. Objective B.1 B.2 B.3 Policy C.1 transition to urban uses. To permit agricultural land uses throughout the City. To conserve the largest possible amount of undeveloped land suitable for agricultural purposes, through the willing compliance of affected parties. Refer to the response above addressing Goals A.1 and A.2. Refer to Goal A.1, Overall Land Use Pattern, above addressing the Specific Plan area. To develop measures to ensure the compatibility of agricultural Refer to Goal A.1 , Overall Land Use Pattern, above addressing the Specific Plan area. production and adjacent land uses. Support and utilize all measures available, including the Refer lo Goal A.1, Overall Land Use Pattern, above addressing the Specific Plan area. Williamson Act, to reduce the financial burdens on agricultural land, not only to prevent premature development. but also to encourage its continued use for agricultural purposes. A-12 Consistent/ Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 0 I --I \0 Overall Land Use Pattern C.5 C.6 Goal A.1 Objective B.1 Policy C.2 C.3 C.4 C.5 APPENDIX A (Continued) Table I Carl bad General Plan (1994) Consi tenc nal Polley Text Buffer agriculture from more intensive urban land uses with mutually compatible intermediate land uses. Encourage soil and water conservation techniques in agricultural activities. A City which protects and conserves natural resources, fragile ecological areas, unique natural assets and historically significant features of lhe community. To establish lhe preservation of lhe natural habitat or !he rivers, riverbanks. streams, bays, lagoons, estuaries, marshes, beaches, lakes, shorelines and canyons and other areas containing rare and unique biological resources as a high priority. Ensure that slope disturbance does not result in substantial damage or alteration to major significant wildlife habitat or significant native vegetation areas unless they present a fire hazard as determined by the Fire Marshal. Ensure that grading for building pads and roadways is accomplished in a manner that maintains the appearance of natural hillsides. Relate the density and intensity of development on hillsides to the slope of the land to preserve the integrity of hlllsides. Limit future development adjacent to lhe lagoons and beach In such a manner so as lo provide to the greatest extent feasible the physical and visual accesslbilitv to these resources for public Consistency Analysis Refer to Objective B.1, Overall Land Use Pattern, above addressing the Specific Plan area. Further, the Specific Plan is consistent because all agriculture effects have been avoided or substantially reduced by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. The Specific Plan is consistent because all soil-related and water supply effects have been avoided or substantially reduced by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Environmental The Specific Plan is consistent because it implements the policies of the Agua Hedionda LUP (1982) and the Coastal Act, all of which place lhe highest priority on the preservation and protection of natural resources, lndudlng environmentally sensitive habitat areas, weUands, and agricultural lands, Including !he preservation of natural resources and environmentally sensitive areas; coastal dependent development; public recreational uses; and visitor-serving commercial/recreation. For further infonnation, refer to Specific Plan, Chapters 1.1 through 1.5. Refer to the response above addressing Goal A.1. The Specific Plan is consistent because all geology, soils, and slope stability effects have been avoided or substantially reduced by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Refer to the response above addressing Polley C.2. Refer to the response above addressing Policy C.2. The Specific Plan is consistent because It will ensure that the Hub Park and Beach lease areas within the Specific Plan area will allow those areas adjacent to the lagoon to be publicly accessible. For further information, refer to Specific Plan, Chapter 2.4, existing A-13 Consistent/ Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May2015 ,0 I .... 00 Q Overall Land Use Pattern C.6 C.8 C.9 C.10 C.11 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis PollcyText Consistency Analysis use and enjoyment. constraints. Ensure the preservation and maintenance of the unique Refer to the response above addressing Policy C.5. environmental resources of the Agua Hedionda Lagoon while providing for a balance of public and private land uses through implementation of the Agua Hedionda Land Use Plan. Require that the construction of all projects be monitored to The Specific Plan is consistent because all identified environmenta l effects have been ensure that environmental conditions and mitigating measures avoided or substantially reduced by the Specific Plan's EPFs, which will be implemented are fully implemented and are successful. by adoption of the Specific Plan. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Implement to the greatest extent feasible the natural resource The Specific Plan is consistent because it implements the policies of Coastal Act and the protection policies of the Local Coastal Program. Agua Hedionda LUP as follows: (a) protects, restores, improves, and maintains approximately 176.7 acres of open space and agriculture within the Specific Plan area and includes facilities to support those uses such as parking, restrooms, farm stand, and farm-to-table dining; (b) accounts for the social and economic needs of the Carlsbad community by providing visitor-serving commercial and open space uses, and allowing for the continuation of coastal agriculture and strawberry farming; (c) improves public access to the Agua Hedionda Lagoon by providing miles of new nature trails and walkways, picnic and rest areas, lagoon vistas, an outdoor classroom, parking, and an integrated resource and educational signage program; (d) does not interfere with coastal-dependent uses; and (e) provides a plan of coordinated development for mutually beneficial open space, agricultural, and visitor-serving commercial uses on the remaining approximately 26.7 acres of the Specific Plan area. For further Information, refer to Specific Plan, Chapter 1.5.2, Relationship of !he Specific Plan to the Coastal Act and the Agua Hedionda LUP. Utilize the goals, objectives and implementing policies of the Refer to the responses below addressing the Goals, Objectives and Policies of the Open Open Space Element regarding environmental resources that Space Element. should be protected as open space. Participate in programs that restore and enhance the City's The Specific Plan is consistent because protection, conservation and enhancement of the degraded natural resources. open space and agricultural land will be achieved through the Specific Plan itself and in cooperation with the City of Carlsbad, one or more qualified environmentally focused non- profit enbties, land conservancy organizations, land managers, public agencies, and aualified farming and agricultural interests. For further information, refer to Specrfic Plan, A-14 Consistent/ Inconsistent Consistent Consistent Consistent Consistent Consistent 8707 May 201 5 Overall Land Use Pattern C.13 Goal A.1 Objective B.1 B.2 B.3 B.4 B.5 Policy C.1 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Policy Text Consistency Analysis Chapter 1.1, Overview. Implement the Habitat Management Plan in order to protect rare The Specific Plan is consistent because ii creates the HMP-OS designation for areas and unique biological resources with the city so as to preserve designated as existing hardline conservation areas in the City's Habitat Management Plan wildlife habitats. in order to protect rare and unique biological resources and preserve wildlife habitats. For further information, refer to Specific Plan, Chapter 3.3.1 , Habitat Management Plan Open Space (HMP-OS). Cannon Road Open Space, Farmina, and Public Use Corridor Create a unique, community-oriented open space area along the The Specific Plan is consistent because it will create a unique community-oriented open Cannon Road corridor located immediately to the east of the space area, which includes passive and low-impact recreation opportunities, along Interstate 5 freeway including the existing Flower Fields and Cannon Road on approximately 155.1 acres of the Specific Plan area; while the Strawberry Fields. remaining Specific Plan area will provide for agriculture and Visitor-Serving Commercial shopping, dining, and entertainment For further information, refer to Specific Plan, Chapter 1.1, Overview. To ensure that this area is permanently protected and preserved Refer to the response above addressing Goal A.1 , Overall Land Use Element. for open space uses. To enhance the protection of the existing Flower Fields. To allow the farming operations in the area such as the existing Strawberry Fields and Hower growing areas to continue. To provide for the protection and preservation of environmental resources in the area in coordination with landowners. To increase public access and use to the area primarily through the incorporation of compatible public trails and active and passive recreation. Protect and preserve this area as an open space corridor. Permit Refer to the response above addressing Goal A.1 and Polley C.1, Overall Land Use only open space, farming and compatible public uses in the area. Element. Permitted uses shall be as follows: (1) Open Space (2) Farming and other related agricultural support uses including flower and strawberry production (3) Public trails (4) Active and Passive park, recreation and similar public and private use facilities (except on the existing Flower Fields) (5) Electrical Transmission Facilities A-15 Consistent/ Inconsistent Consistent Consistent Consistent Consistent 8707 May 2015 ,0 I .... 00 N Overall Land Use Pattern C.2 C.3 C.4 C.5 C.7 APPENDIX A (Continued) Table I Carlsbad General Plan (1994) Consistency Analysis Policy Text Consistency Analysis Prohibit residential development in the area. The Specific Plan is consistent because it does not include residential development within the Specific Plan area. For further information, refer to Specific Plan, Chapter 1.1, Overview. Prohibit commercial and industrial-type uses in the area other In addition to the response above addressing Goal A.1 and Policy C.1, Overall Land Use than those normally associated with farming operations and open Element, the Specific Plan is consistent because the Specific Plan's visitor-serving space uses. commercial uses will provide funding to dedicate, improve, restore, operate, and maintain Enhance public access and public use in the area by allowing in perpetuity the dedicated open space areas at no tax burden to Carlsbad residents. For compatible public trails, community gathering spaces and public further information, refer to Specific Plan, Chapter 1.1 , Overview. and private, active and passive park and recreation uses. Allow farming to continue in the area for as long as economically The Specific Plan is consistent because it provides for the continuation and support of viable for the landowner. strawberry farming and coastal agriculture within approximately 21.6 acres of the Specific Plan, which will be subject to an easement or a deed restriction for open space and agricultural purposes, and which will allow for supporting improvements and uses, Including farm stand, farm-to-table dining, and parking. For further information, refer to Specific Plan, Chapters 1.1 and 3.3, Overview and Land Use Designations (respectively). If determined to be necessary, the City shall amend the Zoning The Specific Plan is consistent because if adopted -by initiative or directly -will provide Ordinance and adopt a Cannon Road Open Space, Farming and for five land use designations that will achieve the goals of an open space, farming, and Public Use Corridor Overlay Zone to apply to the area that would public use corridor, which will permit only those uses that permanently protect, conserve, provide more detail on permitted uses and land use regulations restore, or enhance existing habitat, sensitive species, and riparian/wetland resources; applicable to the area. provide for the continuation of coastal agriculture and strawberry farming, consistent with the City's open space and agriculture heritage; provide low-impact public access for passive recreation amenities, including miles of new nature trails and walkways, picnic and rest areas, lagoon vistas, an outdoor classroom, roadway, restroom facilities, parking, farm-to-table dining, farm stand, and an integrated resource and educational signage program for use by the entire Carlsbad community; and include a new pedestrian-oriented Outdoor Shopping, Dining, and Entertainment Promenade that facilitates a high-quality, functionally integrated district that is distinctive, creates a sense of community, and contributes to Carlsbad's traditional "village' identity and beach community character. For further information, refer to Specific Plan, Chapters 1.1 and 3.3, Overview and Land Use Designation (respectively). A-16 Consistent/ Inconsistent Consistent Consistent Consistent Consistent 8707 May 2015 ,0 I .... QC w Overall Land Use Pattern Goal A.1 Objective 8.2 B.4 Policy C.4 C.5 C.6 C.14 Goal A.1 APPENDIX A (Continued) Table I Carlsbad General Plan (1994) Consistency Analysis PolicyText Conststency Analysis Arts Element A city strongly reflecting the arts in its total environment with land The Specific Plan is consistent because ii facilitates the use of open space for and facilities permanently dedicated to performing and visual recreaUonal and educational opportunities, allowing active participation by the community. arts, together with an abundant range of on-going and special For further information, refer to Specific Plan, Chapter 3, Land Use. arts programs involving as many regular and visiting members of the community as possible, as acUve participants, audiences, and patrons. To provide works of art and other tangible things in public places. The Specific Plan is consistent because it will allow for works of art and other tangible things in public places. For further information, refer to Specific Plan, Chapter 3.3.6, Visitor-Serving Commercial. To develop, modify, and improve, with a consideration for The Specific Plan is consistent because all aesthetic effects have been avoided or aesthetic issues (in addition to engineering, safety, cost, and substantially reduced by the Specific Plan's EPF. For information regarding the EPFs, other issues), city landforms, landscaping and architecture. refer to Appendix B, Environmental Protection Features. Provide, when possible, for the siting, selection, installation and The Specific Plan is consistent because it will allow, when possible, for the siting, maintenance of works of art and other tangible things within or selection, installation and maintenance of works of art and other tangible things in public upon public facilities and land. facilities. For further information, refer to Specific Plan, Chapter 3.3.6, Visitor-Serving Commercial. Encourage private businesses lo install permanent and Refer to the response above addressing Policy C.4. temporary works of art and other tangible things in their public places. Promote cooperative arrangements with other public or private Refer to the response above addressing Policy C.4. agencies which facilitate the temporary or permanent display of works of art and other tangible things for display within or upon public or private facilities and land. Consider aesthetics in reviewing the design of public and private Refer to the response above addressing Objective B.4. development proposals. Circulation Element A City with an integrated transportation network serving local and The Specific Plan is consistent because primary vehicular and public transportation regional needs which accommodates a variety of different travel access to the Specific Plan area will be provided by existing networks, including 1-5 and modes based on safetv, convenience, attractiveness, costs, Cannon Road. Internal circulation will be provided bv a limited network of private routes A-17 Consistent/ Inconsistent Consistent Consistent Consistent Consistent Consistent. Consistent Consistent Consistent 8707 May 2015 ,0 I .... QC) ~ Overall Land Use Pattern A.2 A.4 A.5 A.6 A.8 Objective B.1 B.2 8.3 8.5 B.7 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Polley Text Consistency Analys1s environmental and social impacts. serving as access to individual potions of the Specific Plan area. The Specific Plan will A City with an adequate circulation infrastructure to serve the encourage and establish an integrated system of pedestrian, bicycle, and trail routes projected population. throughout the Specific Plan area, focusing on a walkable environment. For further A City with properly maintained, smooth functioning and safe information, refer to Specific Plan, Chapters 2 and 3, Existing Setting and Land Use. All traffic control systems. traffic and circulation effects have been avoided or substantially reduced by the Specific A City with inviting streetscapes that encourage walking and Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. promote a sense of neighbomood in residential developments. A City with streets designed to balance vehicular requirements with the needs of all pedestrians Including children, the elderly and the disabled. A City with a circulation system that promotes alternative transportation such as walking, bicycling and public transportation. To provide an adequate circulation infrastructure concurrent with The Specific Plan is consistent because it demonstrates consistency with the City's or prior to the actual demand for such facilities . Growth Management Program circulation facilities. For further information, refer to Specific Plan, Chapter 6.13, Growth Management Program Consistency. All traffic and circulaUon effects have been avoided or substantially reduced by the Specific Plan's EPF . For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. To design streets for the safe and efficient movement of people, The Specific Plan is consistent because all traffic and circulation effects, including those goods and services in the most environmentally sound manner involving street design, have been avoided or substantially reduced by the Specific Plan's possible. EPF. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. To maintain a clear and consistent set of standards for the design Refer to the response above addressing Objective 8.2. and construction of roads and traffic control devices. To provide safe, adequate and attractively landscaped parking The Specific Plan Is consistent because it will provide for adequate and attractively facilities. landscaped parking facilities. For further information, refer to Specific Plan, Chapter 3.5, Development Standards. To enhance the economic value of property and improve the Refer to the response above addressing Objective B.7. economic comoetitiveness of the Citv throuoh the construction of A-18 Consistent/ Inconsistent Consistent. Consistent Consistent Consistent Consistent 8707 May 2015 ,0 I -00 Ul Overall Land Use Pattern Policy C.1 C.3 C.4 C.5 C.6 C.7 C.8 APPENDIX A (Continued) Table 1 arl bad G neral Plan (1994) Consi tenc Anal Policy Text Consistency Analysis well designed, efficient, and cost effective transportation facilities. Require new development lo comply with the adopted Refer to response above addressing Objective 8.1. (September 23, 1986) Growth Management performance standards for circulation facilities. Use the street design standards contained In this element (Figure Refer to the response above addressing Objective 8.2. 1: Street Design Standards) as guidelines for what is reasonable and desirable. Allow variations lo occur In accordance with established City policy regarding engineering standards variances. Minimize the number of access points to major and prime The Specific Plan is consistent because ii avoids or substantially reduces the number of arterials to enhance the functioning of these streets as access points to major and prime arterials. For information regarding the Specific Plan's lhroughways. EPFs for lraffic and circulation, refer to Specific Plan, Appendix B, Environmental Protection Features. Use good road design practice to minimize lhe number of The Specific Plan is consistent because it avoids or substantially reduces the number of intersections and other conflicting traffic movements. intersections and other conflicling lraffic movements. For information regarding the Specific Plan's EPFs for lraffic and circulation, refer lo Specific Plan, Appendix B, Environmental Protection Fealures. Use good road design practice lo minimize noise on adjacent The Specific Plan is consistent because it avoids or substantially reduces noise on land uses. adjacent land uses. In particular, the visitor-serving commercial uses will shield open space and agricultural areas from 1-5 noise. For information regarding the Specific Plan's EPFs for lraffic and circulation, refer lo Specific Plan, Appendix B, Environmental Protection Features. Provide traffic control devices along all roadway segments and al The Specific Plan is consistent because provides traffic control devices along roadways intersections. and Intersections through fair-share contributions. For Information regarding the Specific Plan's EPFs for traffic and circulation, refer lo Specific Plan, Appendix B, Environmental Protection Features. Provide for the safe movement of traffic and pedestrians around The Specific Plan is consistent because it provides for the safe movement of traffic and all road and utility construction projects. pedestrians around road and utility construction projects by preparing a traffic control plan to ensure such safety measures are taken. For lnformaUon regarding the Specific Plan's EPFs for traffic and circulation, refer to Specific Plan, Appendix B, Environmental Protection Features. A-19 Consistent/ Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 0 I -00 0-,, Overall Land Use Pattern C.11 C.13 C.16 C.18 Goal A.1 Objective B.1 8,2 B.3 Policy APPENDIX A (Continued) Table I Carlsbad General Plan (1994) Consistency Analysis Policy Text Consistency Analys1s Interconnect and synchronize the operation of traffic signals The Specific Plan is consistent because ii will work with the City to interconnect and along arterial streets, whenever feasible. synchronize the operation of traffic signals, where feasible. For information regarding the Specific Plan's EPFs for traffic and circulation, refer to Specific Plan, Appendix B, Environmental Protection Features. Establish and maintain an official street naming and addressing The Specific Plan is consistent because it will use existing arterials. For more information plan lo remove confiicts, duplicaUon, and uncertainty. regarding traffic and circulation features, refer to Specific Plan, Appendix B, Environmental Protection Features. Require new development to construct all roadways needed to The Specific Plan is consistent because it will require EPFs to avoid or substantially serve the proposed development prior to or concurrent with the reduce effects on circulation needs. For information rega rding the Specific Plan's EPFs circulation needs created by the development. for traffic and circulation, refer to Specific Plan, Appendix B, Environmental Protection Features. Require new development to dedicate and improve all public Refer to response above addressing Polley C.18. rights-of-way for circulation facilities needed to serve development. Alternative Modes of Transportation A City which promotes, encourages, and accommodates a The Specific Plan is consistent because it will design, establish, and encourage an variety of transportation modes as alternatives lo the automobile. integrated system of pedestrian, bicycle, and trail routes throughout the Specific Plan area, including open space, agriculture, and visitor-serving commercial areas. In addition, the Specific Plan will provide bus stops to service the Specific Plan area at locations and with reasonable facilities in conjunction with the City Planner. The Specific Plan would also include preferential parking for electric vehicles and charging stations for electric vehicle use; provide handicap parking and access; and employ traffic control devices to ensure safe and secure environment. For further information regarding these features, refer to Specific Plan, Appendix B, Environmental Protection features. To provide infrastructure and facilities necessary to Refer to the response above addressing Goal A.1. accommodate pedestrians, bicycles, and other non-automobile modes of transportation. To reduce the number and severity of vehicular, bicycle and pedestrian-related accidents. To prioritize future sidewalk construction. Encourai:ie the construction of sidewalks alonq all public Refer to the response above addressinq Goal A.1. A-20 Consistent/ Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 Overall Land Use Pattern C.1 C.2 C.3 ,0 I -00 --.J C.4 C.5 C.9 C.1 1 C.1 2 C.13 C.23 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Polley Text Consistency Analysis roadways with special emphasis given to collectors, arterials, and areas with high pedestrian traffic generators such as schools, commercial centers, transportation facilities, public buildings, beaches and parks Encourage pedestrian circu lation in commercial areas through the provision of convenient parking facilities, increased sidewalk widths, pedestrian-oriented building designs, landscaping, street lighting and street furniture. Design pedestrian spaces and circulation in relationship to land uses and available parking for all new construction and redevelopment projects. Link public sidewalks to the network of public and private trail systems. Provide for handicapped access to and along public sidewalks and along as much of the trail system as feasible. Employ improved traffic control devices and monitor police accident reports to increase pedestrian and bicyclist safety. Coordinate the location of bicycle routes with the Parks and Recreation Element and the Open Space and Conservation Element. Extend bicycle routes to cultural, educational and recreational facilities whenever practical. Develop and implement employer incentive programs to encourage the placement of strategic bicycle storage lockers, and the construction of safe and convenient bicycle facilities. Design public trails in accordance with the Open Space and Conservation Element including multi-use and equestrian segments where appropriate A-21 Consistent/ Inconsistent 8707 May 2015 ..0 ' '""" 00 00 Overall Land Use Pattern Goal A.1 A.2 Objective B.1 8.3 8.4 8.5 Policy C.1 C.2 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Policy Text Consistency Analysis Public Utili y and Storm Drainaqe Facilities Goals A City with a comprehensive network of utilities and storm The Specific Plan is consistent because public facilities infrastructure, including utilities drainage facilities which provide appropriate public utility and and storm drainage facilities, necessary to serve the Specific Plan area would be flood control services to all land uses. completed concurrent construction. In particular, after implementation of the Specific Plan, drainage from the Specific Plan area would continue to discharge into Agua Hedionda Lagoon, as it does under existing conditions. Proposed basins (or an alternative) would reduce flows to below the existing condition, and no flooding on or off site is anticipated. For more information regarding features to avoid or substantially reduce the effects to public utility, drainage, and floor control, refer to Specific Plan, Appendix B, Environmental Protection Features, A City in which the public utility and storm drainage Infrastructure Refer to the response above addressing Goal A.1. are constructed concurrent with or prior lo the actual demand for such facilities, In addition, the Specific Plan is consistent because it provides a clear and consistent To maintain a clear and consistent set of standards for the design standards for the design, construction, and improvement of any necessary public utilities, and construction of public utilities. as outlined in Specific Plan, Appendix B, Environmental Protection Features. To enhance the economic value of property and improve the economic competitiveness of the City through the construction of well designed, efficient and cost effective public utility and storm drainage facilities. To maintain current master plans for the expansion of local public The Specific Plan is consistent because it would not alter current master plans related to facilities for sewer, potable water, reclaimed water and storm the expansion of local public facilities for sewer, potable water, reclaimed water, or storm drainage. drainage. For further information, refer to Specific Plan, Chapter 2.3, Existing Physical Conditions, and Specific Plan, Appendix B, Environmental Protection Features for information regarding the protection and use of existing facilities. To comply with all federal, state and local laws and regulauons The Specific Plan is consistent because it will comply with all federal, state, and local regarding the preservation and enhancement of water quality. laws and regulations regarding the preservation and enhancement of water quality. Require new development to construct all public facilities needed Refer to the responses above addressing Goals A.1 and A.2. to serve the proposed development prior to or concurrent with the circulation needs created by the development. In addition, the Specific Plan is consistent because, the Specific Plan would comply with Develop, and update periodically, a set of standards for the the City's Growth Management Program and Public Facilities Management System design and construction of public utilities. performance standards to ensure that adequate public infrastructure, facilities, and A-22 Consistent/ Inconsistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 ,0 I -00 SC Overall Land Use Pattern C.4 C.5 C.6 C.7 C.9 C.10 Goal A.1 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Policy Text Consistency Analysis Require new development to dedicate and improve all public services are provided in the Specific Plan area. For further information, refer to Specific rights-of-way for public utility and storm drainage facilities needed Plan, Chapter 6.13, Growth Management Program Consistency. to serve development. The Specific Plan will comply with the City's Stormwater Regulations, latest version, and Inform the public and contractors of the danger involved, and the would implement BMPs that include pollution control practices or devices, erosion control necessary precautions that must be taken when working on or to prevent sill runoff during construction, general housekeeping practices, pollution near, pipelines or utility transmission lines. prevention and educational practices, maintenance procedures, and other management Monitor the adequacy of public utilities as an integral part of the practices or devices to prevent or reduce the discharge of pollutants to stormwater, Growth Management Plan and Public Facilities Management receiving water, or the stormwater conveyance system to the maximum extent System. practicable. For information regarding permit requirements, refer to Specific Plan, Chapter Ensure developer conformance with all adopted public utility and 6.8, Stormwaler Management and Discharge Controls; also, for inforniation regarding BMPs that avoid or substantially reduce effects to public facilities, refer to Specific Plan, storm drainage master plans and adopted ordinances regarding Appendix B, Environmental Protection Features. the provision of public utility and storm drainage facilities. The Specific Plan also is consistent because it will not impede or impair the City's ability Develop and implement a program of "Best Management to ensure necessary precautions are taken when worklng near public utilities, or review Practices" for the elimination and reduction of pollutants which and update facility plans. enter into and/or are transported within storm drainage facilities. Review and update, on a regular basis, master plans for the The Specific Plan is consistent with this policy because it reviewed and updated the expansion of local public facilities for sewer, potable water, analysis with regard to the Zone 13 LFMP (1995) performance standards and the Specific reclaimed water and storm drainage. Plan's compliance with those standards. Noise Bement A City which is free from excessive, objectionable, or harmful The Specific Plan is consistent because it will provide for activities that generate noise noise. levels that are not excessive, objectionable, or harmful. In particular, the Specific Plan provides for on-site passive activities such as, hiking, wildlife viewing, picnic areas resulting in relatively low noise levels, particularly in the eastern portions of the Specific Plan area. In the western portion of the Specific Plan area, Visitor-Serving Commercial, shopping, dining, entertainment and recreation uses will be more active. It is anticipated that, as with commercial activities, on-site noise stems from parking lots and/or parking structures and HVAC equipment/mechanical noise. On-site stationary equipment, such as HVAC equipment, generate varying noise levels typically ranging from approximately 45 A-weighted decibels (dBA) to 55 dBA at a distance of 50 feet. At the residences north of the lagoon, the HVAC noise could range A-23 Consistent/ Inconsistent Consistent Consistent 8707 May2015 ,0 I -1¢ 0 Overall Land Use Pattern Objective 8.2 8.3 Policy C.1 C.2 C.4 C.5 C.7 C.9 APPENDIX A (Continued) Table J Carlsbad General Plan (1994) Consistency Analysis Policy Text Consistency Analysis from approximately 12 to 22 d8A, which is well below ambient noise levels. In addition, al the nearest noise-sensitive receivers to the Visitor-Serving Commercial portion of the Specific Plan area, noise levels would be well below ambient noise levels. To control harmful or undesirable noise. In addition to the response above addressing Goal A.1, the Specific Plan is consistent because ii will not result in harmful or undesirable noises. All on-site operational uses are To protect the hearing and well-being of Carlsbad residents and anticipated lo adhere to the City General Plan and Municipal Code noise ordinance, visitors. chapter 8.48, which limits noise to any time except: after 6 p.m. on any day, before 7 a.m. on Monday through Friday, and before 8 a.m. on Saturday; on Sunday; and on federal holidays. In addition, the Specific Plan provides for EPFs that avoid or substantially reduce noise effects, which can be found in Specific Plan, Appendix B, Environmental Protection Features. Control harmful or undesirable sounds through the planning and Refer to the responses above addressing Objectives 8.2 and B.3. regulatory process with emphasis on noise/land-use compatibility planning. Review all development proposals, both public and private, for consistency with the policies of this element. Continue to enforce building codes to ensure adequate sound insulation between dwellings and to ensure adequate sound insulation of interior areas from loud external noise sources. The City shall continue to enforce project conditions of approval related to noise control. Attempt to control noise primarily at its source. Where this is not feasible, controls along the transmission path of the noise should be required. Review City operations to make sure that noise generated by construction, maintenance activities, and street sweeping minimize significant adverse noise levels. Participate in noise control and hearing conservaUon programs in all appropriate work environments owned, operated, or otherwise under the control of the City. A-24 Consistent/ Inconsistent Consistent Consistent 8707 May 2015 Overall Land Use Pattern Goal A.1 A.2 A.3 Objective B.1 B.2 Policy C.1 C.2 C.3 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Policy Text Consistency Analysis Land Use I Noise A City where larid uses are not sigriificaritly impacted by noise. Refer lo the responses above addressing Goal A.1 and Objectives 8.2 and B.3, Noise Element. A City with industrial and commercial land uses which do not produce significantly adverse noise impacts. A City which controls mobile sources of noise to help assure that The Specific Plan is consistent because at completion, the additiorial traffic is excepted to mobile noise sources do not substantially contribute to the noise increase the noise along adjacent roads by less than 1 decibel (dB) due to the environment. incorporation of alternative transportation methods. For further information, refer lo Specific Plan, Appendix B, Environmental Protection Features, for the Specific Plan's implementation of alternative transportatiort methods, such as pedestrian trails and walkways, bike routes, and bus stops. To achieve noise compatibility betweert industrial/commercial Refer to the resportses above addressing Goal A.1 and Objectives B.2 arid B.3, Noise and surrounding land uses and achieve an acceptable noise Element. environment in industrial/commercial areas. To Achieve noise impact compatibility between land uses through the land use planning/development review process. Encourage the development of compatible land uses in areas Refer to the response above addressing Goal A.1. which are subject to excessive noise levels. Develop specific noise standards for use in reviewing noise The Specific Plan is consistent because it implements BMPs to reduce construction noise sensitive development. al sensitive receivers and al adjacent biological habitat areas, even though the Specific Plan would not result in the generation of noise levels in excess of Municipal Code standards. In addition, the Specific Plan includes design features that shield sensitive areas from noise sources. For further information, refer lo Specific Plan, Chapter 3.5, Development Standards. For information regarding the EPFs that will be implemented to avoid or substantially reduce noise effects, refer to Specific Plan, Appendix B, Environmental Protection Features. Require the use of project design techniques, such as, increasing The Specific Plan Is consistent because it provides for project design techniques that the distance between the noise source and the receiver; placing avoid or substantially reduce noise and environmental effects on the Specific Plan area. non-noise sensitive uses such as parking areas, maintenance In addition, the Specific Plan includes design features that shield sensitive areas from facilities, and utility areas between the source and the receiver; noise sources. For further information, refer lo Specific Plan, Chapter 3.5, Development usinQ non-sensitive structures, such as a QaraQe, to shield noise Standards. For information regarding the EPFs, refer to Appendix B, Environmental A-25 Consistent/ Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 Overall land Use Pattern C.7 C.9 C.10 Goal A.1 Objective B.1 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Policy Text Consistency Analysis sensitive areas; and, orienting buildings to shield outdoor spaces Protection Features. from a noise source to minimize noise impacts during any discretionary review of a residential or other noise sensitive project. Enforce the policy of the City that site design techniques such as increasing the distance between the noise source and the receiver; placing non-noise sensitive uses such as parking areas, maintenance facilities and utility areas between the source and the receiver; using non-noise sensitive structures, such as a garage, to shield noise-sensitive areas; and orienting buildings to shield outdoor spaces from a noise source, be the first tool used lo mitigate noise impacts on noise sensitive land uses rather than the construction of walls or berms. Discourage the exclusive use of noise walls in excess of 6 feel in The Specific Plan is consistent because it will not include noise walls. height as mitigation for noise along Circulation Element roadways. Utilize natural barriers such as site topography or constructed In addition to the response above addressing Policies C.3 and C.7, the Specific Plan is earthen berms to mitigate noise on a project. When noise walls consistent because ii utilizes natural barriers to mitigate noise with features designed to are determined to be the only feasible solution to noise limit aesthetic effects, including natural vegetative buffers and other topographic mitigation, then the walls shall be designed to limit aesthetic elements.. For further information, refer to Specific Plan, Chapter 3.5, Development impacts. When over-height walls are necessary to mitigate noise, Standards. a berm/wall combination with heavy landscaping, a terraced wall heavily landscaped, or other similar innovative wall design technique shall be used to minimize visual impacts. Circulation I Noise Goals To provide a roadway system that does not subject surrounding Refer to the responses above addressing Goals A.1 through A.3, Land Use/Noise. In land uses to significantly adverse noise levels. addition, the Specific Plan is consistent because all traffic and circulation effects have been avoided or substantially reduced by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. To design and manage all roadways to maintain acceptable Refer to the responses above addressing Goals A.1 through A.3, Land Use/Noise. In A-26 Consistent/ Inconsistent Consistent Consistent Consistent Consistent 8707 May 2015 ,0 I .... \0 ~ Overall Land Use Pattern Policy C.1 C.2 C.3 Goal A.1 Objective B.1 B.2 B.3 Policy APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Polley Text Consistency Analysis noise levels. addition, the Specific Plan is consistent because all traffic and circulation effects have been avoided or substantially reduced by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix 8, Environmental Protection Features. Take measures to reduce traffic noise on streets throughout Refer to the responses above addressing Goals A.1 through A.3, Land Use/Noise. In Carlsbad. This will include continued enforcement of applicable addition, the Specific Plan is consistent because all traffic and circulation effects have sections of the California Vehicle Code regarding equipment been avoided or substantially reduced by the Specific Plan's EPFs. For information and/or operation of motor vehicles. regarding the EPFs, refer to Appendix B, Environmental Protection Features. Consider noise impacts In the design of road systems and give special consideration to those road corridors in scenic or noise sensitive areas. Review traffic flow systems and synchronize signalization, wherever possible to avoid traffic stops and starts, which produce excessive noise, and to adjust traffic fiow to achieve noise levels acceptable to surrounding areas. Employment I Noise Goals A City with healthy and productive work environments that do not The Specific Plan is consistent because it will not result in exposure of persons to, or cause hearing damage or other adverse noise related health generation of noise levels in excess of, standards established in the City's Noise impacts to workers in the City of Carlsbad. Ordinance (Municipal Code, Chapter 8.48). The Specific Plan is will not cause damage or other adverse noise-related health impacts to workers because more than 85% of the uses contemplated within the Specific Plan area include open space, passive recreation uses, and existing agriculture. The remaining uses, or less than 15%, contemplated within the Specific Plan area will include visitor-serving commercial uses, which are consistent with the existing land uses. For further information, refer to Specific Plan, Chapter 2.1, Site Conditions and Existing Land Use. To promote an ongoing noise control and hearing conservation The Specific Plan is consistent because it will not prevent or in any way prohibit City program for the work environment. noise control and hearing conservation programs for the work environment. To promote hearing conservation in the workplace. Refer to the response above addressing Objective B.1. To encourage that all business entities operating in the City The Specific Plan is consistent because it will comply with city, county, state, or federal comply with all occupational Health and Safety laws, rules and/or occupational Health and Safety law, rules and/or regulations. regulations established by authorized city, county, state or federal agencies. Participate in noise control and hearing conservation programs in Refer to the response above addressing Objective 8.1 . A-27 Consistent/ Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 Overall Land Use Pattern C.1 C.2 C.3 Goal A.1 A.2 A.3 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Polley Text Consistency Analysis all appropriate work environments owned, operated, or otherwise under the control of the City. Promote that all persons responsible for operation of noise-The Specific Plan is consistent because ii will promote the exercise of reasonable care in producing equipment or processes, exercise reasonable care to operating noise-producing equipment/processes to reduce the risk of hearing damage. minimize casual noise exposure to unprotected workers or passers-by lo reduce risk of hearinQ damaQe. Encourage and assist its employees in identifying and abating The Specific Plan does not create any noise hazards or the need for abatement. potential noise hazards on City-owned or controlled property. Open Space and Conser.a/ion Element Open Space Planning and Protection An open space system of aesthetic value that maintains The Specific Plan is consistent because it will create a unique pedestrian-oriented open community identity, achieves a sense of natural spaciousness, space that complements the City's character as a desirable beach and "village" and provides visual relief in the cityscape. community. Structures will be designed to have minimal impact on the locale and adjacent areas, and employed in ways that highlight the site's views to the agricultural land and natural lagoon, wetlands, and open space areas. Structure design will employ sustainable, "green" techniques and technologies such as natural lighting and 'passive design" solutions. Visual resources and natural landforms would be maintained by conserving prominent topographic features and contouring trails to follow existing topography. For further information, refer to Specific Plan, Chapter 3.0, Land Use. A city with a balance of programmed and unprogrammed open The Specific Plan is consistent because it will permanently conserve areas previously space within each of the four quadrants of the City. programmed and unprogrammed open space. For further information, refer to Specific Plan, Chapters 1.0 and 3.0, Introduction and Land Use (respectively), An open space system that improves the quality of life for the The Specific Plan is consist.en! because it will provide approximately 176.7 acres of open citizens of Carlsbad. space and agricultural lands that will Include recreation opportunities to enhance the quality of life for the citizens of Carlsbad by allowing access to miles of new nature trails and walkways, picnic and rest areas, lagoon vistas, an outdoor dassroom, roadway, restroom facilities, parking, farm-to-table dining, farm stand, and an integrated resource and educational signage program. In addition, the Specific Plan's approximately 26.7 acres will provide a unique, high-quality shopping, dining, entertainment and recreation opportunity for Carlsbad residents. For further information, refer to Specific Plan, Chapter 1.1, Overview .. A-28 Consistent/ Inconsistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 0 I .... '-0 Ul Overall Land Use Pattern A.4 Objective 8.1 8.2 B.3 8.4 B.5 B.6 8.7 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Polley Text Consistency Analysis A city with an adequate amount and variety of open space for Refer to the responses above addressing Goal A.3. outdoor recreation, including, but not limited to: parks; beaches; areas for organized sports; connecting corridors containing trails; water recreation areas (beaches, lagoons, lakes); unique conservation areas for nature study; and, semi-developed areas for campinQ. To preserve, protect and enhance those areas of the City that The Specific Plan is consistent because ii permanently protects and conserves provide unique and special open space functions including, but approximately 176.7 acres, or more than 85% of the Specific Plan area, for open space not limited to, cultural and visual amenities, active and passive and passive recreation, and the continuation of strawberry farming and coastal recreational uses, landmarks, buffers between incompatible land agriculture. The Specific Plan's protection, conservation and enhancement of lhe open uses, wildlife habitats and uniaue and desirable veaetation . space and agricultural land will be achieved through the Specific Plan itself and in To create a more rural atmosphere in the urban environment, by cooperation with the City of Carlsbad (City). one or more qualified environmentally identifying, acquiring, and protecting natural open space areas focused non-profit entities, land conservancy organizations, land managers, public which are visible from public aalherina olaces. agencies, and quallfied farming and agricultural interests. The remaining approximately To provide public access to all open space areas except where 26.7 acres, or less than 15% of the Specific Plan area, will include a new pedestrian- sensitive resources may be threatened or damaged, where the oriented visitor-serving commercial, shopping, dining, and entertainment uses a11d create public health and safety may be compromised or where access a sense of community, establish a gathering place, and contribute to Carlsbad's would interfere with the managed production of resources, such traditional "village" identity and beach community character. For further information, refer as aaricullure. to Specific Plan, Chapter 1.1 , Overview. To ma11date open space as a 11ecessary provision of the Local Facilities Management Zone plans which are required by the The Specific Plan also is consistent because ii provides for natural buffers and setbacks Growth Ma11aaement Ordinance. to preserve, create, and separate opens space areas from other land uses. The Specific To provide for parks and plazas and preserve natural areas Plan also provides for parks and plazas for passive community recreation and gathering. within developments. For further information, refer to Specific Pla11, Chapter 3.5, Development Standards. To provide, where possible, increased setbacks along arterial corridors and establish greenways or similar areas to preserve The Specific Plan is consistent because the design guidelines conform with the Coastal and/or create open space areas as a mea11s of maintaining Resources Planning and Management Policies set forth in the Coastal Act, Chapter 3, community scale and identity, separating conflicting land uses, Articles 1-6, which protect public access, water-oriented recreational activities, the a11d achievi11g a se11se of natural openness as an integral part of marine environment, commercial fishing, recreational boating, environmentally sensitive urban surroundinqs. habitat areas, prime agricultural land, and scenic and visual qualities of coastal areas. For To provide for the distributio11 of programmed and further information, refer to Specific Plan, Chapter 4.0, Design Guideli11es. unproQrammed recreation areas lhrouqhout the four quadrants of A-29 Consistent/ Inconsistent Consistent Consistent 8707 May 2015 Overall Land Use Pattern B.8 B.9 B.12 Policy C.1 C.4 C.8 C.15 C.16 C.17 APPENDIX A (Continued) Table 1 Carls bad General Plan (1994) Consistency Analysis Policy Text Consistency Analysis the City and to separate the uses where needed . The Specific Plan also is consistent with the Local Facilities Management Plan (LFMP) for To set aside 15 percent of the developable land of specified Zone 13 and the Growth Management Program. In particular, as a result of the proposed zones as open space, pursuant to the Growth Management open Specific Plan and the addition of improved open space lands (e.g., passive open space space performance standard. improvements, exclusive agricultural open space improvements), the qualifying open To maintain an inventory of open space. space inventory w;thin Zone 13 would increase from 182.2 acres to 238.7 acres, or to To contribute to regional biodiversity and the viability of rare, 34.4% of the total available open space. For further information, refer lo Specific Plan, unique or sensitive biological resources throughout the city by Chapter 6.1 3, Growth Management Program Consistency .. maintaining functional wildlife corridors and habitat linkage. The Specific Plan is consistent because it maintains wildlife corridors and habitat linkage through its adherence lo the City's Habitat Management Plan, which ouUines specific conservation, management, facility siting, land use, and other measures that the City would take lo preserve the diversity of habitat and protect sensitive biological resources in the City while also allowing for additional development and growth as anticipated under the City's General Plan. For further information, refer to Specific Plan, Chapter 3.3.1 , Habitat Management Plan Open Space. Use open space lo provide neighborhood, community, and city Refer to the response above addressing Goals A.1 through A.4, and B.1 through B.12. identity and to provide separations between conflicting land uses. Identify existing open space for protection, management, and potential enhancement to maintain and, if possible, increase its value as wildlife habitat. Utilize the Growth Management Ordinance to implement the goals and objectives of this element and establish standards for open soace. Preserve panoramic viewpoints, as identified in the Open Space and Conservation Resource Management Plan, and where possible, provide public access. Acquire, protect or negotiate for public access to those privately- held natural open space lands that could be used for unproqrammed recreational uses. Make accessible to the public, those open space areas The Specific Plan is consistent because ii would make open space areas accessible to designated for recreational use, and where feasible, provide the public for low-impact recreational use, and provide essential utilities, public facilities, them with essential utilities, public facilities and services. and services. Portions of the designated open space and agricultural land will become an integral part of the Specific Plan area, and low-impact public access will allow for passive A-3O Consistent/ Inconsistent Consistent Consistent 8707 May 2015 Overall Land Use Pattern C.19 C.20 APPENDIX A (Continued) Table 1 Carls bad General Plan (1994) Consistency Analysis Policy Text Recognize that the map entitled "Conceptual Open Space and Conservation Map' dated June 1992, (see Map 2: Conceptual Open Space and Conservation Map) represents the conceptual open space priorities of the City. The conceptual components of this map, including greenways and trails, are intended to be flexible, and should not be interpreted as depicting precise, rigid alignments. It is anticipated that the alignments of the greenways and trails may be adjusted as warranted, as better information becomes available through additional fieldwork, further environmental analysis, more detailed planning, or similar future activities. However, the points where a greenway or trail passes from one Local Facilities Management zone to another, or from one property ownership to an adjacent ownership should remain consistent with this map, unless an agreement has been reached with the adjacent zone or property ownership to shift the transition point. A general plan amendment will not be required to specifically site the conceptual components of this map. A general plan amendment will be required if any conceptual component is deleted. Require that the following procedure be adhered to for adjusting the boundaries of any open space area shown on the map titled 'Official Open Space and Conservation Map" dated June 1992 Findings required for the approval of a boundary adjustment to the map are as follows: 1. The proposed open space area is equal to or greater than the area depicted on the Official Open Space and Conservation Map; and Consistency Analysis recreation amenities, including miles of new nature trails and walkways, picnic and rest areas, lagoon vistas, an outdoor classroom, roadway, restroom facilities, parking, farm-to- table dining, farm stand, and an integrated resource and educational signage program for use by the entire Carlsbad community. For further information, refer to Specific Plan, Chapter 1.1, Overview. The Specific Plan is consistent because ii amends Map 2: Conceptual Open Space and Conservation Map. Trails to accurately reflect the trails, pedestrian walkways, and bike routes within the Specific Plan area that enhance and adjusts those trails already depicted therein. The Specific Plan is not expanding the existing boundaries of open space lands. For further information, refer to Specific Plan, Chapters 1.0 and 2.0, Introduction and Existing Setting (respectively). A-31 Consistent/ Inconsistent Consistent Consistent 8707 May 2015 0 I -\C) 00 Overall Land Use Pattern C.26 APPENDIX A (Continued) Table 1 arl bad General Plan (1994) Con i tenc nal Polley Text 2. The proposed open space area is of environmental quality equal to or greater than that depicted on the Official Open Space and Conservation Map; and 3. The proposed adjustment to open space, as depicted on the Official Open Space and Conservation Map, is contiguous or within close proximity to open space as shown on the Official Open Space Map. The City Council may also modify the boundary location shown on the open space maps but only if it finds that the modification is necessary to mitigate a sensitive environmental area which Is impacted by development, provided the boundary modification preserves open space al a 2 to f ratio (proposed acreage to existing acreage) and is within close proximity to lhe original area of open space. Additionally, City Council may exempt public rights-of-way from lhe boundary adjustment procedures. However, environmental analysis shall be perfonned for all proposed public right-of-way improvements. and if detennined that there are significant adverse impacts to the value of the open space system, those impacts shall be mitigated. It is not the intention of this boundary adjustment procedure lo allow for the exchange of environmentally constrained lands which are designated open space, for lands which are not environmentally constrained. Rezone open space lands, dedicated to the City in fee title or easement to open space (OS) zoning. Consistency Analysis The Specific Plan is consistent because it permanently protects and conserves approximately 176.7 acres for open space and lhe continuation of strawberry farming and coastal agricullure. This protection is provided by requiring an easement granted to the City of Carlsbad, a qualified environmentally-focused non-profit organization, or public agency for open space and agricultural conservation purposes over approximately 155.1 acres of the Specific Plan area. The remaining approximately 21.6 acres will be subject lo an easement or a deed restriction for open space and agricultural purposes -in addition to allowing supporting Improvements and uses, including farm stand, farm-to-table dining, and parking. For further information, refer to Specific Plan, Chapter 1.1, Overview. A-32 Consistent/ Inconsistent Consistent 8707 May 2015 ,0 I .... 1.0 1.0 Overall Land Us& Pattern C.27 C.30 Goal A.1 A.2 Objective B.3 Policy C.1 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Policy Text Consistency Analysis Plan for, and design, open space with regard to its various The Specific Plan is consistent because it plans for and designs a framework for the specific functions, as opposed to considering open space as protection, conservation and development within the Specific Plan area. The Specific having a single general function. Plan area is divided into five unique areas (as opposed to one single open space area): (1) Habitat Management Plan Open Space (HMP-OS): (2) Passive Open Space (P-OS): (3) Exclusive Agriculture Open Space (EAG-OS) (4) Agricultural Support Open Space (AGS-OS); and (5) Visitor-Serving Commercial (VSC). These designations ensure distinction in the function of open space, and allow for and facilitate the provision of habitat protection; low-cost public access to passive open space and recreation areas; the continuation of agriculture and coastal strawberry farming; and connections to unique, high-quality visfor-serving retail, shopping, dining, entertainment, and recreation opportunities. For further information, refer to Specrfic Plan, Chapters 3.2 and 3.3, Land Use Plan and Land Use Designations (respectively). The City shall implement the Habitat Management Plan and shall Refer to the response above addressing Goals A.1 through A.4, and B.1 lhrough B.12. coordinate Its planning with the North County regional Multi- Species Habitat Conservation Plan. Obtainina Open Space A city which provides for the open space needs of its citizens. The Specific Plan is consistent because it will permanently protect and conserve approximately 176.7 acres for open space, and continuation of agriculture, for use by the A city where new developments provide for the open space residents of Carlsbad. For further information, refer to Specific Plan, Chapter 1.1 , needs of their occupants. Overview .. To assure that, to the maximum degree possible, those In addition to the response above addressing Goal A.1 and Policy C.1, Overall Land Use benefiting from the acquisition or improvement of open space Element, the Specific Plan is consistent because the Specific Plan's visitor-serving and recreational facilities provide funding in direct proportion to commercial uses will provide funding to dedicate, improve, restore, operate, and maintain the benefits they derive. in perpetuity the dedicated open space areas at no tax burden to Carlsbad residents. For further information, refer lo Specific Plan, Chapter 1.1, Overview. Exactions from new developments should include, but not be The Specific Plan is consistent because all exactions and essential improvements for limited to, legislative protection, Quimby Act dedication, park-in development of the Specific Plan area will be compensated. In particular, the Specific lieu fees, industrial recreation fees, setback requirements, the Plan provides funding to dedicate, improve, restore, operate, and maintain in perpetuity provision of essential improvements, and the adoption of the dedicated open space areas at no tax burden to Carlsbad residents. For further appropriate Local Facilities Management Plans, Master Plans, information, refer to Specific Plan, Chapter 1.1, Overview. In addition, in lieu mitigation and Specific Plans. fees have been addressed as an EPF for the Specific Plan area. For information regarding this EPF, refer to Specific Plan, Appendix B, Environmental Protection A-33 Consistent/ Inconsistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 ,0 I N = = Overall Land Use Pattern C.5 C.9 C.10 Goal A.1 A.2 A.3 A.4 A.5 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Policy Text Consistency Analysis Features. Develop a program to encourage private donations for open Refer to the response above addressing Goal A.1, Overall Land Use Pattern. space acquisition, protection, improvement, or maintenance by placing the donors' names on permanent markers at the sites of their gifts. Consider designating a conservancy agency or similar Refer to response above addressing Policy C.26, Open Space Planning and Protection. organization to be responsible for protection, maintenance, monitoring and liability of open space lands. Implement when possible, the finance strategies contained in the The Specific Plan is consistent because it requires specific improvements to enhance Open Space and Conservation Resource Management Plan. habitat protection and public access to open space, and because it preserves, restores These implementation strategies should guide the systematic and protects open space and agriculture areas before the opening of any visitor-serving acquisition, protection, maintenance, administration and financing commercial development within the Specific Plan area. The Specific Plan also will secure of open space and provide an organizational structure to permanent funding mechanisms for the ongoing maintenance and management of such implement the City's open space plan. improvements be put in place before any portion of the Specific Plan area is opened to the public for a new commercial use. Those financing mechanisms include but are not limited to community facilities district, landowner funding agreement, development impact fees, private endowment, and private financing for the systematic acquisition, protection, maintenance, administration, and financing of open space. For further information, refer to Specific Plan, Chapter 6.2, Financing Mechanisms. Special Resource Protection A city that protects environmentally sensitive land and buffer The Specific Plan is consistent because it will permanently protect, conseNe, restore, or areas. enhance existing habitat, sensiUve species, and riparian/wetland resources; and provide A city that protects and preserves visually attractive and/or for the continuation of coastal agriculture and strawberry farming through the Specific srgnificant natural areas. Plan itself and in cooperation with the City of Carlsbad, one or more qualified A city that preserves optimum sustainable environmental quality environmentally focused non-profit entities, land conseNancy organizations, land levels with respect to air, water, sound levels, and plant and managers, public agencies, and qualified farming and agricultural interests. For further animal life. information, refer to Specific Plan, Chapters 1.1 and 3.5, Overview and Development A city that preserves as open space, hillsides, ridges, valleys, Standards (respectively). canyons, lagoons, beaches and other unique resources that The Specific Plan also is consistent because it will protect and preserve open space, provide visual and physical relief to the Cityscape. lagoons, and other unique resources using EPFs to avoid or substantially reduce effects A city that preserves, where possible, historic, cultural, A-34 Consistent/ Inconsistent Consistent Consistent Consistent Consistent 8707 May 2015 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Overall Land Use Pattern Polley Text Consistency Analysis archeological, paleontological, and educational resources. on air quality, water quality, noise, biological resources, historic, cultural, archeological, A.6 A city that conserves natural and manmade resources. paleontological, and educational resources . For example, the Specific Plan restricts the A.7 A city which makes every possible effort to preserve sensitive use of non-invasive plants, and prohibit construction to avoid wildlife feeding, nesting, and flora and fauna. breeding area, and makes every possible effort to preserve native habitat. For further A.8 A city which preserves a variety of unique conservation areas to information regarding those EPFs, refer to Specific Plan, Appendix 8, Environmental Protec~on Features. accommodate the needs of humans, plants and animals A.9 A city which protects wildlife habitat through the preservation and enhancement of significant feeding, nesting, and breeding areas. A.10 A cfty which preserves, to the maximum extent possible, the existing level of biodiversity. Objective To preserve areas of unique scenic, historical, archeological, The Specific Plan is consistent because ii will protect areas of unique scenic, historical, B.3 paleontological and cultural value, and where possible, provide archeological, paleontological and cultural value, where possible, through the public access to these areas. employment of qualified specialists lo monitor development activities to ensure proper treatment of those resources. For further information regarding these EPFs, refer to Specific Plan, Appendix B, Environmental Protection Features. B.4 To develop cultural/educational amenities which could include a The Specific Plan is consistent because ii will develop cultural/education amenities such museum, exhibition hall or interpretive center, within open space as an outdoor classroom, and an integrated resource and educational signage program areas. for use by the entire Carlsbad community and its visitors within the Specific Plan area. For further information, refer to Specific Plan, Chapter 3.3, Land Use Designations. B.6 To minimize environmental impacts to sensitive resources within The Specific Plan is consistent because ii incorporates EPFs to avoid or substantially the City. reduce environmental impacts to sensitive resources within the City. For information regarding these EPFs. refer to Specific Plan, Appendix B, Environmental Protection Features. B.7 To minimize impacts from new development on hillsides, ridges, The Specific Plan is consistent because it will ensure that no development effects, as valleys, canyons, lagoons, beaches and other unique resources defined in section 30106 of the Coastal Act, occur on delineated wetland, riparian, upland that provide visual and physical relief to the cityscape. native habitat areas, and steep slopes. The Specific Plan also will maintain consistency with the City's Habitat Management Plan hardline preserve boundary to minimize effect on resources that provide visual and physical relief lo the cityscape. For further information, refer to Specific Plan, Chapter 3.5, Development Standards. B.8 To develop an inventory of environmentally sensitive resources The Specific Plan is consistent because it will not impede or impair the City's ability to A-35 Consistent/ Inconsistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 ,0 I N 0 N Overall Land Use Pattern B.9 8.10 B.11 B.12 B.13 Policy C.1 C.2 C.4 C.5 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Policy Text Consistency Analysis that are to be conserved within the City. develop an inventory of environmentally sensitive resources that are to be conserved within the City. To develop and implement, when possible, a plan to guide the The Specific Plan is consistent because ii provides specific implementation procedures to systematic acquisition, protection and maintenance of sensitive guide the systematic acquisition, protection , and maintenance of open space, and environmental resources and provide an organizational structure provides an organizational structure to implement the Specific Plan. For further to implement the plan information, refer to Specific Plan, Chapter 6.0, Implementation. The Specific Plan also is To develop and implement, when possible, a financing strategy consistent because ii will not impede or impair the City's ability to protect rare, threatened to acquire and protect areas which are rich in habitat diversity. or endangered plant and animal communities in accordance with the Habitat To protect rare, threatened or endangered plant and animal Management Plan. For further information, refer to Specific Plan, Chapter 3.5.1 , Habitat communities in accordance with the Habitat Management Plan. Management Plan Open Space (HMP-OS) Development Standards. To ensure that whenever possible, new development does not adversely impact sensitive environmental resources. To coordinate city habitat management planning efforts with The Specific Plan is consistent because any Specific Plan applicant will coordinate with federal, state and local agencies, and other planning efforts of City habitat management planning efforts and with other federal, state, local agency the City. planning efforts. Utilize sensitive design criteria to preserve the unique and special Refer to the response above addressing Goals A.1 through A.10 and Objectives B.3 resources in the City and to integrate them into the design of any through 8.13. development. Amend ordinances as necessary to define sensitive and Refer to the response above addressing Policy C.27, Open Space Planning and constrained lands consistent with the City's habitat management Protection. plannlng efforts, and prohibit development and density credit thereon. Designate for preservation as open space those areas that Refer lo the response above addressing Goals A.1 through A.10 and Objectives B.3 provide unique visual amenities and define the urban form as through B.13. contained in the Open Space and Conservation Resource Management Plan. These areas shall include agriculture, hillsides, ridges, valleys, canyons, beaches, lagoons, lakes and other unique resources that provide visual and physical relief to the cityscape by creating natural contrasts to the built-up, rnanmade scene. Designate for open space, hillsides, valleys and ridges during the Refer to the response above addressing Goals A.1 through A.10 and Objectives B.3 A-36 Consistent/ Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 Overall Land Use Pattern C.6 C.7 C.8 C.9 C.10 C.11 APPENDIX A (Continued) Table 1 Carlsbad GeneraJ Plan (1994) Consistency Analysis Polley Text Consistency Analysis approval of Specific Plans, Master Plans and Planned through 8.13. Developments, and also at the time of subdivision approval consistent with the recommendations of the Open Space and Conservation Resource Management Plan. Designate as buffers portions of land next to sensitive Refer to the response above addressing Policy C.3, Overall Land Use Pattern. environmental areas. Assure that where feasible from an environmental standpoint, Refer to the response above addressing Goals A.1 through A.10 and Objectives 8.3 developments near or adjacent to bodies of water, provide open through 8.13. space that has public access to and views of the water. Require a city permit for any grading, grubbing, or clea ring of The Specific Plan is consistent because it wi ll require a grading permit issued pursuant to vegetation in undeveloped areas, with appropriate penalties for tiUe 15, section 15.16.110, after having conducted the plan review and sign-off on permit violations. application(s) and plan submittal(s). For further information, refer to Specific Plan, Chapter 6.9, Grading Ordinance. The Specific Plan is consistent because all biological effects for grading, grubbing, or clearing of vegetation have been avoided or substantially reduced by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Ensure that the improvements recommended for open space The Specific Plan is consistent because it ensures that improvements for protection, areas are appropriate for the type of open space and the use conservation and development within the Specific Plan area are tailored to the five unique proposed. No improvements shall be made in environmentally areas: (1) Habitat Management Plan Open Space (HMP-OS); (2) Passive Open Space sensitive areas, except to enhance the environmental value of (P-OS); (3) Exclusive Agriculture Operi Space (EAG-OS) (4) Agricultural Support Open the areas. Space (AGS-OS): and (5) Visitor-Serving Commercial (VSC). These designations allow for arid facilitate distinctive lreatmerit of habitat protectiori; low-cos! public access to passive operi space and recreation areas; the continuation of agriculture and coastal strawberry farming; arid conriections lo uriique, high-quality visitor-servirig retail, shopping, dining, entertainment, and recreation opportunities. For further information, refer to Specific Plan, Chapters 3.2, 3.3 and 3.5, larid Use Plan, Land Use Desigriatioris arid Development Standards (respedvely). Consider designating for open space those areas that preserve Refer to the response above addressing Goals A.1 through A.10 and Objectives 8.3 historic, cultural, archeological, paleontological and educational through 8.13. resources. Preserve open space areas in as natural a state as possible. Refer to the resporise above addressirig Goals A.1 through A.10 and Objectives 8.3 A-37 Consistent/ Inconsistent Consistent Consistent Consistent Consistent Consisteril Corisisterit 8707 May 2015 rO I N 0 ,l:a,,. Overall Land Use Pattern C.12 C.13 C.14 C.15 C.16 C.17 C.18 C.19 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Policy Text Consistency Analysis through B.13. Require that grading be accomplished in a manner that will The Specific Plan is consistent because grading will be accomplished in a manner that maintain the appearance of natural hillsides and other landforms maintains the appearance of natural hillsides and other landforms where possible. In wherever possible. particular, protection of preserved habitats will be marked to prohibit access during construction. For further information regarding the EPFs, refer to Specific Plan, Appendix B, Environmental Protection Features. Require that soil reports, plans for erosion and sediment control The Specific Plan is consistent because it requires the preparation of a geotechnical measures and provisions of maintenance responsibilities be a report as an EPF to avoid or substantially reduce effects to geology and soils. For further requirement of any approval process. information regarding EPFs, refer to Specific Plan, Appendix B, Environmental Protection Features. Implement ordinances limiting the density, intensity and character Refer to the responses above addressing Policies C.1 through C.13. of development of hillside areas and ridges, and provide standards for sensitive grading where development of hillsides is allowed. Require that at tl1e time of any discretionary approval, any land The Specific Plan is consistent because it requires that permanent open space and dedicated to the City for its habitat or scenic value, have an agricultural easements -on approximately 155.1 acres be recorded in favor of a appropriate easement and/or zoning placed on it for resource qualified environmentally-focused non-profit organization, or public agency for open protection. space and agricultural conservation purposes. For further information, refer to Specific Recognize and implement the policies of the California Coastal Plan, Chapter 1.1, Overview. Act and the Carlsbad Local Coastal Program when reviewing potential development in the coastal zone. In addition, the Specific Plan is consistent because it recognizes and implements the Prevent incompatible development of areas that should be policies of the California Coastal Act in that tl1e Specific Plan preserves natural resources reserved or regulated for scenic, historic, conservation or public and environmentally sensitive areas, coastal dependent development, public recreational health and safety purposes. uses, and visitor-serving commercial recreation. For further information, refer to Specific Plan, Chapter 1.5.2, Specific Plan's relationship to the Coastal Act and the Agua Hedionda LUP (1982). Conserve and encourage the use of appropriate forms of Refer to the response above addressing Policy C.8. vegetation and sensitive grading techniques needed to: (a) prevent erosion, siltation and flooding, (b) protect air and water resources, and (c) protect and enhance visual resources. Preserve natural resources by: protecting fish, wildlife, and Refer to the response above addressing Goals A.1 through A.10 and Objectives B.3 A-38 Consistent/ Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 .0 I N 0 Ul Overall Land Use Pattern C.20 C.21 C.22 C.23 C.24 C.25 C.26 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Policy Text Consistency Analysis vegetation habitats; retaining the natural character of waterways, through 8.13. shoreline features, hillsides, and scenic areas and viewpoints; safeguarding areas for scientific and educational research; respecting the limitations for air and water resources to absorb pollution; encouraging legislation that will assist logically in preserving these resources and, protecting archeological and paleontological resources. Preserve the identity of those areas of the City with unique Refer to the response above addressing Goals A.1 through A.10 and Objectives B.3 topographic features and establish proper soil management through 8.13. In addition, the Specific Plan is consistent because ii employs EPFs that techniques to eliminate or minimize adverse and unsafe soil will preserve topographic features and establish proper soil management techniques. For conditions. further information regarding the EPFs, refer to Specific Plan, Appendix B, Environmental Protection Features. Use the Williamson Act, land dedication, scenic easements, or Refer to the response above addressing Goal A.1, Overall Land Use Pattern. open space easements to preserve unique and special resources in the City. Participate in the statewide and regional plans (the state of Refer to the response above addressing Objective B.7, Special Resources Protection , California's Natural Community Conservation Planning (NCCP), efforts with SANDAG and other north county cities in the preparation of a North County Wildlife Forum (Multi-species Habitat Conservation Plan), to conserve sensitive environmental resources. Coordinate planning and development of a citywide open space Refer to the response above addressing Objective B.7, Special Resources Protection. system with habitat planning efforts including the city's Habitat Management Plan. Minimize the encroachment of development into wetland and riparian areas. Coordinate the protection of wetlands, woodlands, riparian areas, and other sensitive habitat areas with appropriate state and federal protecUon agencies. Encourage and participate in regional planning efforts to protect The Specific Plan is consistent because the Specific Plan applicant will not impede or environmentally sensitive species from extinction. impair the City's ability to encourage and participate in regional planning efforts to protect A-39 Consistent/ Inconsistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 ,0 I N 0 0'\ Overall Land Use Pattern C.27 C.28 C.29 C.30 C.33 C.34 C.35 APPENDIX A (Continued} Table 1 Carlsbad General Plan (1994) Consistency Analysis Policy Text Consistency Analysis environmentally sensitive species from ex1inction. Require adequate buffers between new development and The Specific Plan is consistent because ii provides for natural buffers and setbacks to environmentally sensitive habitats. preserve, create, and separate opens space areas from other land uses. The Specific Plan also provides for parks and plazas for passive community recreation and gathering. For further information, refer lo Specific Plan, Chapter 3.5, Development Standards. Locate trails and other passive recreational features with care to The Specific Plan is consistent because ii will locate trails and other passive recreational minimize impacts to sensitive habitats. features with care to minimize effects to sensitive habitats, restricting those areas to within the first 15 feet of the buffer closest to the development, if construction of the trail or pathway and its proposed use is consistent with the preservation goals for the adjacent habitat, and that appropriate measures are taken for physical separation from sensitive areas. For further information, refer to Specific Plan, Chapter 3.5, Development Standards. Support innovatjve site design techniques such as cluster-type The Specific Plan is consistent because it supports innovative design techniques, through housing and transfer of-development-rights to preserve sensitive its commitment to design to LEED Gold Core and Shell Design Standards. For further environmental resources and to allow development projects to information, refer to Specific Plan, Chapter 4.0, Design Guidelines and Specific Plan, comply with the city's Habitat Management Plan. Appendix B, Environmental Protection Features. Require private development which impacts sensitive resources The Specific Plan is consistent because ii creates the HMP-OS designation for areas to provide appropriate mi tigation measures as identified in the designated as existing hardline conservation areas in the City's Habitat Management Plan city's Habitat Management Plan, so that the existing biodiversity in order to protect rare and unique biological resources to preserve wildlife habitats. For within the City is maintained. further information, refer to Specific Plan, Chapter 3.3.1, Habitat Management Plan Open Space (HMP-OS). In addition, the Specific Plan is consistent because all biological effects have been avoided or substantially reduced by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Assure that, al minimum, there is no net loss of wetlands acreage Refer to the response above addressing Policy C.27, Open Space Planning and or value, and the net gain of wetlands acreage is the long-term Protection. goal of the City. Require all development projects to comply with the city's Habitat Management Plan. Implement the City's Habitat Management Plan including making all necessary changes to applicable city ordinances. A-40 Consistent/ Inconsistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 ,0 I N 0 --.,I Overall Land Use Pattern Goal A.1 A.2 Objective B.1 B.2 B.3 B.5 Policy C.3 C.4 C.5 C.6 C.7 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Polley Text Conslslency Analysis Trail I Greenway System A city with open space areas connected by Greenways. The Specific Plan is consistent because it will incorporate connections to open space areas by Greenways. For further information, refer to Specific Plan, Chapters 3.0 and 4.0, Land Use and Design Guidelines (respectively). A city with a Carlsbad Trail System. The Specific Plan is consistent because it will provide for a network of trails through the open space areas with appropriate buffering from sensitive areas for passive recreation. For further information, refer lo Specific Plan, Chapters 1.0, 2.0, and 3.0, Introduction, Existing Setting, and Land Use (respectively). To ensure that there is continuity and environmental sensitivity in Refer to the response above addressing Goals A.1 and A.2. the routing and design of the trail system. To route trails near environmentally sensitive areas only with appropriate buffers or fencing. To provide trails that serve as pedestrian and bicycle Refer to the response above addressing Goals A.1 and A.2. transportation between residential and commercial areas. To finance, manage, and acquire land for a Carlsbad Trail Refer to the response above addressing Policy C.10, Obtaining Open Space. System Obtain an irrevocable offer lo dedicate or a permanent easement Refer to the response above addressing Policy C.26, Open Space Planning and for !railways where feasible, in all cases where trails are Protection. proposed or required as part of the Carlsbad Trail System. Design the trail system to serve both recreation and non-Refer to the response above addressing Goal A.2. motorized transportation purposes. Provide greenway linkages from major recreational/open space Refer to the response above addressing Goals A.1 and A.2, and the response above areas to other areas of activity, including, but not limited to, addressing Policy C.7, Overall Land Use Pattern. residential neighborhoods, places of employment, parks, schools, libraries, and viewpoints. Ensure that trails are sensitive to surrounding land uses and are Refer to the response above addressing Goal A.2. In addition, the Specific Plan is normally placed at a significantly different elevation than adjacent consistent because it ensures that trails are sensitive to surrounding uses, taking care to residences. minimize effects to sensitive habitats. For further information, refer to Specific Plan, Chapter 3.5, Development Standards. Assure that major poweriine easements receive credit toward the The Specific Plan is consistent because it will not impair or impede lhe City's ability to A-41 Consistent/ Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 0 I N 0 00 Overall Land Use Pattern C.9 C.10 C.11 C.12 Goal A.1 Objective B.1 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Policy Text Consistency Analysis 15-percent Growth Management open space performance provide credit toward the 15% Growth Management open space perfonnance standard (if standard if they are enhanced or improved to establish key links applicable). in the Carlsbad Trail System. Prohibit the approval of a project which would eliminate the trail The Specific Plan is consistent because it includes a general plan amendment to the alignments as depicted on the Conceptual Open Space and Conceptual Open Space and Conservation Map as part of the Specific Plan Initiative to Conservation Map, unless a general plan amendment is enhance trail alignments to suit the current needs of the City. For further information, refer approved to delete such a trail segment. to Specific Plan, Chapter 1.5.1, Specific Plan's Relationship to the Agua Hedionda 85/15 Specific Plan Initiative. Address the citywide greenway system and the Carlsbad Trail Refer to response above addressing Policy C.9. System when considering and reviewing Local Facilities Management Plans, major development applications and applications involving potential greenway and trail linkages, as shown on the Conceptual Open Space and Conservation Map (see Map 2: Conceptual Open Space and Conservation Map). Design physical improvements to trails, of the Carlsbad Trail The Specific Plan is consistent because it will design improvements to trail consistent with System, so that they are consistent with the recommendations of the recommendations of the Open Space and Conservation Resources Management the Open Space and Conservation Resource Management Plan. Plan, except that all such provisions of the plan shall be ministerial and thereby exempt from the requirements of CEQA and the Guidelines, including said exemptions with regard to all plans and activities described in Specific Plan, Chapter 6.4, Specific Plan Procedures and Process. Utilize Table 5.4-6 of the General Plan EIR: Carlsbad Trail The Specific Plan is consistent because all trail and recreation effects have been avoided System Impact/Mitigation Summary to identify potential impacts or substantially reduced by the Specific Plan's EPFs. For Information regarding the EPFs, and consider suggested mitigation measures at the time of refer lo Appendix B, Environmental Protection Features. specific project review of trail system links and approval. Promoting Agriculture A city which recognizes the Important value of agriculture and Refer to lhe response above addressing Goal A.1., Overall Land Use Pattern, and all horticultural lands. responses above addressing the Agriculture Element of the General Plan (1994). In addition, lhe promotion of agriculture is protected and conserved by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. To develop an inventory of agricultural uses in the City. Refer to the response above addressing Goal A.1., Overall Land Use Pattern, and all A-42 Consistent/ Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 Overall Land Use Pattern 8.2 B.3 B.4 8.5 Policy C.1 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Policy Text Consistency Analysis To promote the establishment of agricultural preserves. responses above addressing the Agriculture Element of the General Plan (1994). In addition, the Specific Plan and its EPFs promote the protection and conservation of agriculture. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. In addition, the Specific Plan is consistent because ii will not impair or impede the City's ability to develop an inventory of agriculture uses and to promote agriculture preserves. To promote the use of new technology for agricultural purposes Refer to the response above addressing Goal A.1 ., Overall Land Use Pattern, and all to Improve the economic viability of agriculture. responses above addressing the Agriculture Element of the General Plan (1994). In addition, the Specific Plan and its EPFs promote the protection and conservation of agriculture. For information regarding the EPFs, refer lo Appendix B, Environmental Protection Features. To ensure that new development is sensitive lo existing Refer to the response above addressing Goal A.1., Overall Land Use Pattern, and all agricultural uses. responses above addressing the Agriculture Element of the General Plan (1994). In addition, the Specific Plan and its EPFs promote the protection and conservation of agriculture. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. To ensure that agricultural uses do not adversely impact Refer to the response above addressing Goal A.1., Overall Land Use Pattern, and all sensitive environmental resources. responses above addressing the Agriculture Element of the General Plan (1994). In addition, the Specific Plan and its EPFs promote the protection and conservation of agriculture. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Buffer, where possible, agriculture from more intensive urban Refer to the response above addressing Goal A.1., Overall Land Use Pattern, and all uses with less intense land uses which are mutually compatible. responses above addressing the Agriculture Element of the General Plan (1994). In addition, the Specific Plan and its EPFs promote the protection and conservation of agriculture. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. In addition, the Specific Plan is consistent because ii provides for buffers, where possible, to shield agriculture from more intensive urban uses. For further information, refer to Specific Plan, Chapters 3.3, 3.4, and 3.5, Land Use Designations, Permitted Land Uses Summary, and Development Standards (respectively). A-43 Consistent{ Inconsistent Consistent Consistent Consistent Consistent 8707 May 2015 ,0 I N -= Overall Land Use Pattern C.2 C.3 C.4 C.5 C.6 C.7 C.9 C.10 C.11 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Policy Text Consistency Analysis Encourage the use of water conservation techniques in Refer to the response above addressing Goal A.1 ., Overall Land Use Pattern, and all agricultural enterprises including the use of reclaimed wastewater responses above addressing the Agriculture Element of the General Plan (1994). In for irrigation . addition, the Specific Plan and its EPFs promote the protection and conservation of agriculture. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Support agriculture water rates for ag ricu ltura 1/horti cultural Refer to the response above addressing Goal A.1., Overall Land Use Pattern, and all operations as instituted by the Metropolitan Water District. responses above addressing the Agriculture Element of the General Plan (1994). In addition, the Specific Plan and its EPFs promote the protection and conservation of agriculture. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. In addition, the Specific Plan is consistent because it will support agriculture water rates instituted by the MWD. Encourage the establishment of new agricultural preserves for Refer to response above addressing Objective 8.1, Overall Land Use Pattern. areas within the coastal zone designated for agricultural land use. Encourage and support the economic viability of agricultural land. Refer to the response above addressing Goal A.1., Overall Land Use Pattern, and all responses above addressing the Agriculture Element of the General Plan (1994). In addition, the Specific Plan and its EPFs promote the protection and conservation of agriculture. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Encourage agricultural use as a permissible land use in areas Refer to the response above addressing Goal A.1., Overall Land Use Pattern, and all designated as open space in non-environmentally sensitive responses above addressing the Agriculture Element of the General Plan (1994). In areas. addition, the Specific Plan and its EPFs promote the protection and conservation of Discourage the premature elimination of agricultural land. agriculture. For information regarding the EPFs, refer to Appendix B, Environmental Assure that urban development takes place in those areas that Protection Features. are the least agriculturally productive. Support and utilize all measures available, including the Refer to the response above addressing Goal A.1., Overall Land Use Pattern, and all Williamson Act1 not only to prevent premature developments, but responses above addressing the Agriculture Element of the General Plan (1994). In also to promote the economic viability of agricultural uses. addition, the Specific Plan and its EPFs promote the protection and conservation of agriculture. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Utilize proper design criteria for new development to maximize Refer to the response above addressing Goal A.1., Overall Land Use Pattern, and all A-44 Consistent/ Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 ,0 I N -- Overall Land Use Pattern C.12 C.13 C.14 C.15 C.16 APPENDIX A (Continued) Table I Carlsbad General Plan (1 994) Consistency Analysis Policy Text Consistency Analysis the preservation of agricultural lands. responses above addressing the Agriculture Element of the General Plan (1994). In addition, the Specific Plan and its EPFs promote the protection and conservation of agriculture. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Provide landowners and interested citizens with information Refer to the response above addressing Goal A.1., Overall Land Use Pattern, and all about agricultural preserves as established by the Williamson Act responses above addressing the Agriculture Element of the General Plan (1994). In and encourage them to utilize this information. addition, the Specific Plan and its EPFs promote the protection and conservation of agriculture. For information regarding the EPFs refer to Appendix B, Environmental Protection Features. Accomplish grading of agricultural lands in a manner that Refer to the response above addressing Goal A.1., Overall Land Use Pattern, and all minimizes erosion of hillsides and minimize stream siltation and responses above addressing the Agricul ture Element of the General Plan (1994). In to maintain the appearance of natural hillsides and other land addition, the Specific Plan and its EPFs will avoid or substantially reduce the effects of forms wherever possible. grading activities on agricultural lands. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Manage agricultural land and prime soil as a natural resource The Specific Plan is consistent because it recognizes the standards and policies set forth and as a significant contrasting land use lo the urbanized by Chapter 3 of the Coastal Act, to protect public coastal access, the marine environment, environment of the City. commercial fishing, recreational boating, environmentally sensitive habitat areas, prime agricultural land, and scenic and visual qualities of coastal areas by regulating the siting and design of coastal development. For further information, refer to Specific Plan, Chapter 1.5.1 , Specific Plan's relationship to the Coastal Act and the Agua Hedionda LUP (1982). Prevent agricultural run-off and other forms of water pollution Refer to the response above addressing Goal A.1., Overall Land Use Pattern, and all from entering the storm drain system and polluting the City's responses above addressing the Agriculture Element of the General Plan (1994). In waler bodies. addition, the Specific Plan and its EPFs will avoid or substantially reduce the effects of grading activities on agricultural lands. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Prior to the approval of discretionary permits within an existing or The Specific Plan is consistent because it will comply with the preparation of geotechnical former agricultural area in Carlsbad, a detailed soils testing and report(s); however, the Specific Plan review requirements call for the review to be analysis report shall be prepared by a registered soils engineer ministerial and thereby exempt from the requirements of CEQA. For further information, and submitted to City and County Health Departments for review refer to Specific Plan, Appendix B, Environmental Protection Features. and approval. This report shall evaluate the potenUal for soil contamination due to historic use, handling, or storage of A-45 Consistent/ Inconsistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Overall Land Use Pattern Polley Text Consistency Analysis agricultural chemicals restricted by the San Diego County Department of Health Services. The report sha ll also identify a range of possible mitigation measures lo remediale any significant public health impacts if hazardous chemicals are detected at concentrations in the soil which would have a significantly adverse effect on human health. C.17 If use of agricultural chemicals within an existing agricultural Refer to the response above addressing Goal A.1., Overall Land Use Pattern, and all operation has the potential to adversely impact a proposed responses above addressing the Agriculture Element of the General Plan (1994). In residential development on an adjacent parcel, mitigation addition, the effects of chemical use, if they exist, have been avoided or substantially measures inducting, but not limited to, physical barriers and/or reduced by the Specific Plan's EPFs. For information regarding the EPFs, refer to separation between the uses should be considered. Appendix B, Environmental Protection Features. Fire Risk Manaqement Goal A city in which the fire risk presented by native wildland open The Specific Plan is consistent because ii will coordinate with the City with regard to fire A.1 space is mitigated in a manner that provides a reasonable level risk mitigation measures and with regulations and policies of local, state, and federal of fire protection with sensitivity toward the preservation of agencies. The Specific Plan shall comply with the Carlsbad Municipal Code, title 17, Fire natural resources. Protection, including the requirement to have the Fire Code Official sign-off on the Specific Plan Fire Protection Plan, except that all such provisions shall be ministerial and thereby exempt from the requirements of CEQA and the Guidelines. including said exemptions with regard to all plans and activities described in Specific Plan, Chapter 6.4, Specific Plan Procedures and Process. In addition, all effects presented by fire risks have been avoided or substantially reduced by the Specific Plan's EPF to ensure fire risk management. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Objective To identify high fire risk characteristics of proposed open space Refer to the response above addressing Goal A.1. 8.1 areas prior to designation as open space or acquisition by the City. 8.2 To determine the mitigation measures most appropriate for high fire risk areas, within city designated open space areas, prior to city acquisition or designation of those areas. 8.3 To coordinate fire risk management practices with the City's Open Space, Conservation and Habitat Management planning efforts. Prior lo designation or acquisition of land for open space A-46 Consistent/ Inconsistent Consis1ent Consistent Consistent 8707 May 2015 Overall Land Use Pattern B.4 Policy C.1 Goal A.1 Objective B.2 Policy C.4 C.6 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1 994) Consistency Analys is Policy Text Consistency Analysis purposes, the issues of fire risk liability; land maintenance practices for the reduction of fire risk; funding for long-term fire risk maintenance; and the environmental impacts of fire risk management will be addressed . To coordinate city fire risk mitigation measures with the Refer to the response above addressing Goal A.1. regu lations and policies of local, slate and federal agencies. Develop a procedure to evaluate environmental impacts of fuel Refer to the response above addressing Goal A.1. management procedures, as required by the Fire Chief, in high risk areas. Air Quality Preservation A city with clean air. The Specific Plan is consistent because all effects to air quality have been avoided or substantially reduced by the Specific Plan's EPF to ensure clean air. For information regarding the EPFs, refer lo Appendix B, Environmental Protection Features. To participate in a program to improve air quality in the region. Refer to response above addressing Goal A.1 . The Specific Plan is consistent because it will not impede or impair the City's ability to participate in programs to improve regional air quality. Make every effort to participate in programs to improve air quality Refer to response above addressing Goal A.1. The Specific Plan is consistent because it in the San Diego Region. will not impede or impair the City's ability to participate in programs to improve regional air quality. The City shall monitor all construction to ensure that proper steps Refer to response above addressing Goal A.1. are taken by developers to reduce short-term cohstruction related impacts lo air resources. During cleaning, grading, earth moving or excavation developers shall: • Control fugitive dust by regular watering, paving construction roads, or other dust preventive measures; • Maintain equipment engines in proper tune; • Seed and water until vegetation cover is grown; • Spread soil binders; • Wet the area down, sufficient enough to form a crust on the surface with repeated soakings, as necessary, to maintain A-47 Consistent/ Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 .0 I N -""" Overall Land Use Pattern Goal A.1 Objective 8.1 8.2 B.3 B.4 B.5 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Policy Text Consistency Analysis the crust and prevent dust pick-up by the wind; • Street sweeping, should silt be carried over to adjacent public thoroughfares; • Use water trucks or sprinkler systems lo keep all areas where vehicles move damp enough to prevent dust raised when leaving the site; • Wet down areas in the late morning and after work is completed for the day; • Use of low sulphur fuel (0.5% by weight) for construction equipment. Water Quality Protection A city with high quality of water resources. The Specific Plan is consistent because any effects to water quality, water supply, and water resources have been avoided or substantially reduced by the Specific Plan's EPF to ensure high quality of water resources. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. To control storm water pollutants. The Specific Plan is consistent because it seeks to control storm water pollutants through implementation of a SWMP and 8MPs. For further information, refer to the Specific Plan, Chapter 6.0, Implementation. Additionally, any effects from stormwater pollutants have been avoided or substantially reduced by the Specific Plan's EPF to ensure high quality of water resources. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. To design storm water conveyance systems that do not The Specific Plan is consistent because it will design a stormwater conveyance system to adversely impact sensitive environmental resources. avoid or substantially reduce effects to water quality as part of the Specific Plan's EPF. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. To Improve water quality within the City. Refer to the response above addressing Goal A.1. To coordinate the management of storm water pollutant with Refer to the response above addressing Objective B.1. federal, stale and local agencies. To conserve and efficiently manage the potable water resources Refer to the response above addressing Objective B.1. available to the City of Carlsbad. A-48 Conststent/ Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 iO I N -tll Over-all Land Use Pattern Policy C.1 C.2 C.4 C.5 C.6 C.7 C.9 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Polley Text Consistency Analysis Develop and implement a Jurisdictional Urban Runoff The Specific Plan is consistent because it will adopt and implement a SUSMP and BMPs. Management Program (JURMP) consistent with the Regional For further information, refer to the Specific Plan, Chapter 6.0, Implementation. Water Quality Control Board Order No. 2001-01 and any Additionally, any effects from stormwater pollutants have been avoided or substantially subsequent amendments to it. reduced by the Specific Plan's EPF to ensure high quality of water resources. For Adopt and implement a Master Drainage and Standard Urban information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Storm Water Mitigation Plan (SUSMP) consistent with the Regional Water Quality Control Board Order No. 2001-01 and any subsequent amendments to it. Prior to making land use decisions, utilize methods available to Refer to the response above addressing Goal A.1. estimate increases in pollutant loads and Hows, resulting from projected future development. The City shall require developments to incorporate structure and non-structural best management practices (BMP's) to mitigate the projected increases in pollutant loads. Implement water pollution prevention methods to the maximum extent practicable, supplemented by pollutant source controls and treatment. Use small collection strategies located at, or as close as possible to, the source (i.e., the point where water initially meets the ground) to minimize the transport of urban runoff and pollutants offsite and into a municipal separate storm sewer system (MS4) Make the necessary structural controls to the stonn water conveyance system to remove or reduce storm water pollutant levels. Post-development runoff from a site shall not contain pollutant loads which cause or contribute to an exceedance of receiving water quality objectives or which have not been reduced to the maximum extent practicable. Developments shall implement appropriate recommendations to The Specific Plan is consistent because it will be in compliance with SANDAG's Regional protect water quality found in the San Diego Association of Growth Management Strategy. Additionally, the Specific Plan would be subject to Government's (SANDAG's) Water Quality Element of its regulations under the Citv's Watershed Urban Runoff ManaQement Plan, the City's A-49 Consistent/ Inconsistent Consistent Consistent Consistent 8707 May 2015 ,0 J N -0'I Overall Land Use Pattern C.11 C.12 C.13 C.14 C.16 C.17 C.18 C.19 C.20 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Policy Text Consistency Analysls Regional Growth Management Strategy. Standard Urban Stormwater Management Plan, and all applicable federal, state, and local regulations related to water quality. Preserve, where possible, natural water courses or provide The Specific Plan is consistent because drainage will continue to the Agua Hedionda naturalized drainage channels within the City. Lagoon as it currently exists. Coordinate the needs of storm water pollution management with Refer to the response above addressing Goal A.1. habitat management, aesthetics and other open space needs. Require that, where possible, naturalized channels and pollution Refer to the response above addressing Goal A.1. management basins be landscaped wilh native plant species which balance the needs of fire suppression, habitat values, maintenance, aesthetics and pollution absorpUon. Permit public access lo creeks, lakes and lagoons, where Refer to the response above addressing Goal A.1. consistent with sand resource management practices. Conserve, protect and enhance the water resources of the City. Refer to the response above addressing Goal A.1. Promote the use of water efficient sprinkling and gardening The Specific Plan is consistent because ii provides EPFs that require the use of energy systems. saving technology, such as LEED Gold Core and Shell Design Standards; and water saving irrigation technology and drought tolerant landscapes through the preparation of a landscape/irrigation plan. For further information regarding EPFs, refer to Specific Plan, Appendix B, Environmental Protection Features. Require new development to utilize measures designed to Refer to response above addressing Policy C.17. conserve water in their construction. Maintain natural water resources in the City of Carlsbad in as Refer to the response above addressing Goal A.1. natural a state as possible by: (a) conserving or improving the appearance and ecology of those which are in a relatively untouched condition; (b) restoring, in accordance with recognized ecological principles and insofar as ii is possible, those water areas which have been significanUy altered, to a condition which is most beneficial to I.he public; and (c) simulating a natural condition in areas which are to be altered in the future for purposes of safety engineering, water conservation, or recreation. Prevent industrial waste, agricultural runoff, water softener Refer lo the response above addressing Goal A.1. A-50 Consistent/ Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 ,0 I N --1 Overall Land Use Pattern C.21 C.22 C.24 C.26 APPENDIX A (Co ntinued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Polley Text Consistency Analysis discharges, domestic detergents, and other forms of water pollution from entering the storm drain system and polluting the City's water bodies. Utilize sensitive design criteria to protect the integrity of the water resources in the City. Prohibit alteration of waterways and water bodies that would Refer to the response above addressing Goal A.1. cause significant adverse impacts on the environment. Conserve, and protect the water resources including, but not Refer to the response above addressing Goal A.1. limited to, fioodplains, shoreline, lagoons, waterways, lakes, ponds, and the ocean. Development projects should be designed to comply with the Refer lo the response above addressing Goal A.1. following site design principles: 1. Protect slopes and channels to decrease the potential for slopes and/or channels from eroding and impacting storm water runoff. 2. To the extent practicable, cluster development on the least environmentally sensitive portions of a site while leaving the remaining land in a natural undisturbed condition. 3. Preserve, and where possible, create or restore areas that provide important water quality benefits, such as riparian corridors, wetlands and buffer zones. Encourage land acquisition of such areas. 4. Provide buffer zones for natural water bodies. 5. Minimize the amount of impervious surfaces and directly connected impervious surfaces in areas of new development and redevelopment. 6. Where feasible implement site design/-landscape features to slow runoff and maximize on-site infiltration of runoff. 7. Properly design outdoor material storage areas (including the use of roof or awning covers) to minimize the opportunity for toxic compounds, oil and grease, heavy metals, nutrients, A-51 Consistent/ Inconsistent Consistent Consistent Consistent 8707 May 2015 ,0 I N -00 Overall Land Use Pattern Goal A.1 A.2 A.3 Objective 8.1 8.2 8.5 APPENDIX A (Cont inued) Table 1 Carl bad General Plan (1994) Consistenc Anal is Polley Text Consistency Analysis suspended solids and other pollutants from entering the storm water conveyance system. 8. Incorporate roof or awning covers over trash storage areas (i.e., with roof or awning covers) to prevent off-site transport of trash and other pollutants from entering the storm water conveyance system. 9. Limit disturbances of natural water bodies and natural drainage systems caused by development Including roads, highways and bridges. 10. Design streets and circulation systems to reduce pollutants associated with vehicles and traffic resulting from development. Historic and Cuffural PreseNalion A city in whicl1 its existing and continuing heritage Is protected, The Specific Plan is consistent because it places paramount importance on providing for preserved, recognized and enhanced the continuation of coastal agriculture and strawbeny farming, consistent with the City's A city proud of the beauty and accomplishments cl1aracterizing open space and agriculture heritage. For further information, refer to Specific Plan, its past and continuing history. Chapter 1.1, Oveiview. A city economy strengthened by historic preservation. To encourage property owners to utilize all available incentives The Specific Plan is consistent because It encourages the Specific Plan applicant to for the preservation of historic resources. preserve the City's open space and agricultural heritage through cooperation with the City of Carlsbad, one or more qualified environmentally focused non-profit entities, land conservancy organizations, land managers, public agencies, arid qualified farming and agricultural interests; and, through supporting uses and improvements, including farm stand, farm-to-table dining. For furtlier information, refer to Specific Plan, Chapter 1.1, Overview. To promote the use of historic resources for the education, Refer to the response above addressing Goals A.1 through A.3 and Objective 8.1. pleasure and welfare of the people of the City. To enhance the City's appeal to tourists and visitors in order to Refer to the response above addressing Goal A.1, Overall Land Use Pattern. support and stimulate business and industry. A-52 Consistent/ Inconsistent Consistent Consistent Consistent Consistent 8707 May 2015 0 I N -\D Overall Land Use Pattern Goal A.2 Objective 8.5 8,10 8.12 Policy C.7 C.9 C.17 APPENDIX A (Continued) Table 1 arl bad G neral Plan (1994) Consistenc Anal i Policy Text Consistency Analysis Parks and Recreation Element Park Development A City that encourages the development of park and recreational The Specific Plan is consistent because It encourages the development of passive facilities and activities by private Industry, the residential recreation areas, including miles of new nature trails and walkways, picnic and rest areas, development community and specialized user groups to augment lagoon vistas, an outdoor classroom, roadway, restroom facilities, parking, farm-to-table existing public facilities. dining, farm stand, and an integrated resource and educational signage program for use by the entire Carlsbad community. For further informaUon, refer to Specific Plan, Chapter 1.1 , Overview. To implement the use of energy saving technology In all The Specific Plan is consistent because ii provides EPFs that require the use of energy rehabilitation and new park development projects. Water saving saving technology, such as LEED Gold Core and Shell Design Standards; and water irrigation technology and drought tolerant landscapes should be saving irrigation technology and drought tolerant landscapes through the preparation of a used whenever possible. landscape/irrigation plan. For further information regarding EPFs, refer to Specific Plan, Appendix B, Environmental Protection Features. To encourage park facilities to be acquired. developed, operated Refer to response above addressing Goal A.1., Overall Land Use Pattern. and maintained utilizing a privatization approach. where appropriate and feasible. To ensure that parl< and recreational facilities are compatible with Refer to the response above addressing Goal A,2. surrounding uses. Provide for Park Signage at all parks. The Specific Plan is consistent because ii requires interpretive signage to identify key site elements; and way-finding and access signage, including overview maps showing trail system with mileage markers, would be provided throughout the trail system, pursuant to the specific standards for each land use designation. For further information regarding signage, refer lo the design guidelines and standards In Specific Plan, Chapters 3.0 and 4.0, Land Use and Design Guidelines (respectively). Require that any development of recreational facilities on public The Specific Plan is consistent because recreational facilities would be developed in land by developers, service clubs, civic groups, Individual donors consistency with the Parks and Recreation General Plan Element, as demonstrated or organizations shall be consistent with the standards/guidelines herein. of this element. Encourage public involvement in the siting, acquisition and The Specific Plan is consistent because ii will be adopted or voted upon, allowing public design development of park facilities and recreation programming involvement in the process. For further Information, refer to Specific Plan, Chapter 1.5.1 , lo ensure community needs are met. Specific Plan's Relationship to the Agua Hedionda 85115 Specific Plan lnitiallve A-53 ConslstenU Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 ,0 I N N 0 Overall Land Use Pattern C.23 Goal A.1 Objective B.1 B.3 8.4 B.5 B.6 C.4 Policy C.8 APPENDIX A (Continued) Table J arl bad G n ral Plan (1994) Consistenc Anal i Policy Text Consistency Analysts Implement the recommendations of the Carlsbad Landscape The Specific Plan is consistent because all landscaping will adhere to the ministerial Manual in all rehabilitation and new park development projects. landscape construction documents requirements or Chapter 4 of the city's landscape manual. For further information, refer to Specific Plan, Chapter 3.5, Development Standards. Recreation Programs A City that offers a wide variety or recreational activities and park The Specific Plan is consistent because portions of the designated open space and facilities designed to encourage participation by users of all ages agricultural land will become an integral part of the Specific Plan area, and low-impact and interests. public access will allow for passive recreation amenities, including miles of new nature trails and walkways, picnic and rest areas, lagoon vistas, an outdoor classroom, roadway, restroom facilities, parking, farm-to-table dining, farm stand, and an integrated resource and educational signage program for use by the entire Carlsbad community. For further information, refer to Specific Plan, Chapters 1.0 and 3.0, Introduction and Land Use (respectively). To ensure that park development and recreational programming Refer lo the response above addressing Policy C.10, Obtaining Open Space. is cost effective. To provide for safe recreational use al the Agua Hedlonda Refer to the response above addressing Goal A. 1 and Objective B.1. Lagoon on a partially self-sustaining basis. To provide, maintain and/or encourage recreation facilities, Refer lo the response above addressing Goal A.1 and Objective B.1. programs or events which will attract and generate tourist and non-tax payer revenues. To ensure that park development and recreational programming Refer to the response above addressing Goal A.1 and Objective B.1. meets the needs of the community. To ensure park development and recreational programming Is The Specific Plan is consistent because the analysis above for Open Space and consistent with the Open Space and Conservation Element. Conservation Element demonstrate such consistency. Develop a program that encourages donations In support of park Refer to the response above addressing Policy C.10, Obtaining Open Space. faciliUes and recreation programs from private individuals, local businesses, industry, and service groups. Analyze park development and recreaUonal programming for cost Refer to the response above addressing Policy C.10, Growth Management and Public effectiveness prior to implementation . Facilities, and Policy C.10, Obtaining Open Space. A-54 ConslstenU Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 ,0 I N N - Overall Land Use Pattern Goal A.1 A.2 A.3 Objective B.1 B.3 B.4 B.5 B.6 Policy C.1 C.2 APPENDIX A (Continu ed ) Table 1 Carl bad General Plan (1994) Con istenc Anal Polley Text Consistency Analysis Special Resource, Open Space and Cultural-Historical Area A City that coordinates the planning of park facilities and trails The Specific Plan is consistent because portions of the designated open space and with other recreational oriented land uses such as open space. agricultural land will become an integral part of the Specific Plan area, and low-impact A City with special resource, open space and cultural/historic public access will allow for passive recreation amenities, Including miles of new nature areas, which provide educational benefits and passive or active, trails and walkways, picnic and rest areas, lagoon vistas, an outdoor classroom, roadway, use opportunities. restroom facilities, parking, farm-to-table dining, farm stand, and an Integrated resource A City that preserves areas of scenic, historic, and cultural value . and educational signage program for use by the entire Carlsbad community. For further information, refer to Specific Plan, Chapters 1.0 and 3.0, Introduction and Land Use (respectively). To improve the recreational and educational potentlal of the Refer to response above addressing Goals A.1 through A.3. City's three (3) lagoons and beach areas. To enter into and maintain agreements with SDG&E to establish The Specific Plan is consistent because it will allow the Hub Park and Beach lease areas access to and along the southeast side of Agua Hedionda to revert to open spaces uses to protect ln perpetuity sensitive habitat, special status Lagoon, seeking long-term lease periods. species, riparian and wetland resources; to facilitate the ongoing viability of strawberry To enter into and maintain agreements with SDG&E to establish farming and coastal agriculture; and, to avoid or substantially reduce effects to the land connecting access between Veterans Memorial Park and the and waters surrounding the southeast side of Agua Hedionda Lagoon. For further Southeast side of Agua Hedionda Lagoon. information, refer to Specific Plan, Chapters 2.4 and 6.15, Existing Constraints and Other Implementation Provisions (respectively). To provide limited public access to the wetlands of the Agua Refer to the responses above addressing Goals A.1 through A.3 and Objectives B.1 Hedionda Lagoon for the purpose of visitor attractions such as through B.4. interpretive centers, boardwalks, etc. To ensure that Special Resource, Open Space and Refer to the responses above addressing Goals A.1 through A.3 and Objectives B.1 Cultural/Historic Areas meet the needs of Carlsbad residents, through B.4. tourists and employees in the City of Carlsbad. Require that offers to dedicate or requests t.o enhance and/or Refer to the responses above addressing Goals A.1 through A.3 and Objectives B.1 develop open space areas for recreation purposes be reviewed through B.4. In addition, the Specific Plan contains review requirements, except that all by both the Parks and Recreation Commission and Planning such requirements shall be ministerial and thereby exempt from the requirements of Commission, and if deemed appropriate, recommended to the CEQA. Further, refer to the Specific Plan Initiative for general plan amendments with City Council for their discretionary approval. respect to this policy. For more information, refer lo Specific Plan, Chapter 6.4, Specific Enhancement or improvement of Special Resource Areas will Plan Procedures and Process, and all of the EPFs contained In. and required by, Specific require approvals and shall conform lo the reauiremenls or all Plan, Appendix B, Environmental Protection Features. A-55 Consistent/ Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May2015 Overall Land Use Pattern C.3 C.4 C.5 C.9 C.12 Goal A.1 APPENDIX A (Continued) Table 1 Carl bad General Plan (1994) Con tenc nal Polley Text regulatory agencies involved. Acknowledge and attempt to preserve the environmental sensitivity and ecology within appropriate Special Resource Areas. Promote expansion of educational use opportunities in areas of significant ecological value where discretionary use of the resource allows. Combine historically significant sites with recreational learning opportunities, where possible. Enhance the availability of special resource and or open space areas and promote awareness or the educational opportunities associated with them. Seek funding opportunities from stale, federal, and local agencies to provide additional access points or improve the recreational and educational potential of the City's three lagoons and other Special Resource Areas. A City which minimizes injury, loss of life and damage to property resulting from fire, flood, crime, hazardous material, or seismic disaster occurrence. Consistency Analysis Refer to the responses above addressing Goals A.1 through A.3 and Objectives 8.1 through 8.4. Refer to the responses above addressing Goals A.1 through A.3 and Objectives 8.1 through B.4. Public Safety Bement General The Specific Plan is consistent because ii will lncorporate EPFs that avoid or substantially reduce injury, loss of life, and damage to property resulting from fire, flood, crime, hazardous material, or seismic disaster occurrence. For further information regarding those EPFs, refer to Specific Plan, Appendix B, Env!ronmental Protection Features. Geology and Seismic Safety Goal A City which minimizes injury, loss of life, and damage to The Specific Plari is consistent because all seismic and geologic hazards have been ,_A_._1 ___ -1-.;..pr_o:....pe_rty-'--re_su_lt_in-=g_fr_om--=-p_ot_eri_ti_·aI-=g'-e_ol....:og=-lc_a_n_d_se_is_m_lc_d_is_a_s_te_rs_. ---1 avoided or substantially reduced by the Specific Plan's EPFs. For Information regardirig Objective To establish a development project review process that allows the EPFs, refer to Specific Plan, Appendix 8, Environmental Protection Features. B.1 corislderation of seismic and geologic hazards at the earliest However, the Specific Plan area is riot underlain by kriown active or potentially active possible point in the developmerit process, preferably before faults, the potential for ground rupture due to faulting is considered low. The identified comprehensive engineeririg work has commenced. EPFs are included to ensure compliance and/or help reduce effects from ariy potential ,.........Po~li_cy ___ +--R-eq....:u_ir_e_pr_o_i·,e-ct-a---=-pplli_ca_n_ts-=t-o-su_b_m-it-e-vi-de-n-ce-th-at-s-tru_c_tu-r-es-a-,e-------1 hazard. The Specific Plan will submit evlderice that structures are designed to meet A-56 Consistent/ Inconsistent Consistent Consistent Consistent Consistent 8707 May 2015 ,0 I N N w Overall Land Use Pattern C.2 C.3 C.4 C.5 C.7 C.8 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency AnaJysis Polley Text Consistency Analysis designed to meet ground response characteristics of their ground response characteristics. individual site. Prohibit the location of critical structures directly across known Refer to the response above addressing Goal A.1, Objective B.1, and Policy C.2. faults unless a geolechnical and/or seismic investigation is performed lo show that the fault is neither active nor potentially active. Use the City's geotechnical maps (prepared by Leighton & In addition to the response above addressing Goal A.1, Objective B.1 and Policy C.2, the Associates, Inc., 1992) as generalized guidelines for planning Specific Plan is consistent because it will use the City's geotechnical maps on file with the purposes and in determining the type of geotechnical report to be Planning Department for determining the type and extent of its geotechnical report. required as well as the extent of the report. These maps include the Geotechnical Hazards/ Constraints Map, Land Use Capability Map, Fault Location and Seismically-Induced Ground Shaking Map, Mineral Resources and Catastrophic Dam Failure Inundation, and the Tsunami and Seiche Hazard Zone Map. (These maps are on file in the Planning Department.) Require applicants to conduct detailed geologic and seismic In addition to the response above addressing Goal A.1, Objective B.1, and Policy C.2, the investigations at sites where the construction of critical structures Specific Plan is consistent because the Specific Plan applicant will conduct a detailed (high-occupancy structures and those which must remain in geologic and seismic investigations: and, in any case, buildings do not exceed 35 feet or operation during emergencies) and structures over four stories three levels. are under consideration. Require qualified professionals in the fields of Soil Engineering Refer lo the response above addressing Goal A.1 , Objective 8.1, and Policy C.2. In and Engineering Geology to review grading plans and inspect addition, available geologic information indicates dense/firm and clayey/plastic nature of areas of excavation during and after grading, to evaluate slope the on-site formalional deposits, and the absence of shallow groundwater; and, therefore, stability and other geotechnical conditions that may affect site the potential for landslides and liquefaction that could result in lateral spreading or development and public safety. It is imperative in areas of known collapse and seismic settlement is very low. The soils at the base of the northern slope by or suspected landslides and/or adverse geologic conditions to Agua Hedionda Lagoon likely have a high potential for liquefaction; however, no visitor- ascertain slope stability before and after development. The serving commercial uses would be permitted in this area because it is designated HMP- following determinations should be made in these cases: extent OS, which prohibits the development of buildings or structures. of landslide, depth-to-slide plane, soil types and strengths, presence of clay seams and ground water conditions. Establish procedures to efficienUy process required geotechnical Refer to the response above addressing Goal A.1, Objective B.1, and Policy C.2. reports. All reports dealinQ with QeolOQV should be produced, A-57 Consistent/ Inconsistent Consistent Consistent Consistent Consistent Consistent 8707 May2015 Overall Land Use Pattern C.12 C.17 Goal A.1 Objective B.2 B.3 Policy APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Policy Text reviewed, and approved by geotechnically competent persons. However, only in those cases where city staff cannot adequately review and assess geologic reports should outside consulting help be sought. Require installation of appropriate siltation and erosion control measures on proposed building and development sites wherever there is a potential for soil erosion. Design all structures in accordance with the seismic design standards of the Uniform Building Code and State building requirements. A City which minimizes injury, loss of life, and damage to property resulting from the occurrence of floods. To restrict or prohibit uses which are dangerous to the health and safety of people or adversely affect property due to water and erosion hazards, or which result in damaging increases in erosion or flood height or velocities. To continue to pursue flood control programs through such means as: application of the grading ordinance, the flood plain overlay zone, and the recommendations of the Open Space and Conservation and the Public Safety Elements. Enforce the Colby-Alciuist Floodplain Management Act which Consistency Analysis The Specific Plan is consistent because no visitor-serving uses would be permitted in areas that are likely to have any potential for liquefaction, expansion, or any water and erosion hazards. In addition, the Specific Plan will implement the erosion and pollution control BMPs to prevent silt runoff during construction . In addition, all Hood and erosion effects have been avoided or substantially reduced by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. The Specific Plan is consistent because it will adhere to the Uniform Building Code and State building requirements. Flood Hazard The Specific Plan is consistent because it will employ best management practices (BMPs) and hydromodiflcation control techniques, stand-alone flow control facilities or in combination with flood control, to minimize injury, loss of life, and damage to property resulting from the occurrence of Hoods. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. The Specific Plan is consistent because no visitor-serving uses would be permitted in areas that are likely to have any potential for liquefaction, expansion, or any water and erosion hazards. In addition, the Specific Plan will implement the erosion and pollution control BMPs to prevent silt runoff during construction . In addition, all flood and erosion effects have been avoided or substantially reduced by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. The Specific Plan is consistent because it will adhere to local, applicable Hood control programs. The Specific Plan is consistent because it does not propose any housing on-site, and no A-58 Consistent/ Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 0 I N N VI Overall Land Use Pattern C.1 C.2 C.3 C.4 C.5 C.7 Goal A.1 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Policy Text Consistency Analysis prohibits the placement of structures in the ftoodway, except for structures are proposed within this portion of the Specific Plan site, or adjacent to this public ulility or communication lines. flood hazard area. For information regarding the EPFs, refer to Appendix B, Require a Special Use Permit for all development proposed Environmental Protection Features. within the 100-year fioodplain. Review all such proposals to ensure that all building elevations are higher than the peak flow level of a 100-year flood and do not adversely impact other properties. Require all proposed drainage facilities to comply with the City's Refer to the response above addressing Goal A.1 and Objective B.2. 'Standard Design Criteria" to ensure they are properly sized to handle 100-year flood conditions. In addition, the Specific Plan is consistent because it will comply with all applicable best management practices (BMPs) and low impact development (LID) requirements of the Carlsbad Municipal Code Standard Urban Storrnwater Management Plan (SUSMP) and city standards. For further information, refer to Specific Plan, Chapter 6.8, Storrnwater Manaqemenl and Dischan:ie Controls. Comply with all requirements of the State Department of Water The Specific Plan is consistent because it will ensure adequate flood control. There are Resources' Division of Dam Safety to ensure adequate flood four dams within or adjacent to the Carlsbad area: Calavera, Maerkle, San Marcos, and control. Bressi. None of these dams is directly upstream of Agua Hedionda Lagoon and the adjacent Specific Plan area; therefore, failure would not result in flooding on site. Adequate flood control will be ensured by the EPFs implemented as part of this Specific Plan. For information regarding the EPFs, refer to Specific Plan, Appendix B, Environmental Protection Features. Review all new development proposals to ensure compliance The Specific Plan is consistent because it will provide EPFs pertaining to drainage and with those sections of TiUes 18 and 20 pertaining to drainage and flood control that comply with the Carlsbad Municipal Code. For further information flood control structures. regarding those EPFs, refer to Specific Plan, Appendix B, Environmental Protection Features. For information on compliance with the City's drainage requirements, refer to Chapter 6.4, Specific Plan Procedures and Policies, of the Specific Plan. Require installation of protective structures or other design Refer to the response above addressing Policy C.5 .. measures to protect proposed building and development sites from the effects of flooding or wave action. Fire and Emergency Medical Seivices A City which minimizes the injury, the loss of life and damage to The Specific Plan is consistent because it ensures public services are adequate via by property resulting from fire hazards. the City's Police and Fire Departments. Fire protection for the Specific Plan area is A-59 Consistent/ Inconsistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 ,0 I N N O'\ Overall Land Use Pattern A.2 Objective B.1 B.2 B.3 B.4 B.5 Policy C.1 C.2 C.3 APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Polley Text Consistency Analysis A City which optimizes the organization and delivery of provided by the City of Carlsbad Fire Department. The Department currently has six fire emergency services. stations serving the City. The currently station nearest the Specific Plan area is Fire Station No. 4 located at 6885 Batiquitos Drive. For further information, refer to Specific Plan, Chapter 5.2, Public Services and Facilities. The Specific Plan is consistent because it avoids or substantially reduces effects lo fire protection through implementation of the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. To reduce fire hazards to an acceptable level of risk. The Specific Plan is consistent because it will implement measures to reduce fire hazards lo acceptable levels, maintain adequate response times, and minimum flow of water for To maintain an initial emergency travel response lime of five (5) fire protection. The Specific Plan is consistent because ii will consider measures to avoid minutes. or reduce the risk of life and loss of property. For information regarding these features, To maintain close coordination between planned improvements refer to Specific Plan, Appendix B, Environmental Protection Features. to the circulation system within the City of Carlsbad and the location of fire stations lo assure adequate levels of service and response times lo all areas of the community. To require a minimum flow of water for fire protection in accordance with adopted City Uniform Fire Code. To consider, in land use decisions, site constraints In terms of hazards and current levels of emergency service delivery capabilities. In areas where population or building densities may be inappropriate to the hazards present, measures shall be taken to mitigate the risk of life and property loss. Enforce the Uniform Building and Fire Codes, adopted by the The Specific Plan is consistent because ii will comply with the Carlsbad Municipal Code, City, to provide fire protection standards for all existing and title 17, Fire Protection, including the requirement to have the Fire Code Official sign-off proposed structures. on the Specific Plan Fire Protection Plan. For further information, refer to Specific Plan, Chapter 6.4, Specific Plan Procedures and Process, and all of the EPFs in Specific Plan, Review new development proposals to consider emergency Appendix B, Environmental Protection Features. access, fire hydrant locaUons, fire flow requirements, and wildland fire hazards. In addition, the Specific Plan is consistent because it will identify and consider installation Require new development to provide !he installation of of emergency access, fire hydrant locations, fire flow requirements, wildland fire hazards, emergency water systems and all-weather access roads prior to emergency water systems, automatic building fire sprinklers, and other measures, as A-60 Consistent/ Inconsistent Consistent Consistent 8707 May 2015 Overall Land Use Pattern APPENDIX A (Continued) Table 1 Carlsbad General Plan (1994) Consistency Analysis Polley Text Consistency Analysis the placement of combustible materials on the site. further outlined as EPFs in Specific Plan, Appendix B, Environmental Protection >--C-.4 _____ C_o_n-tin_u_e_t_h_e _u-se_o_f _lo_c_a_l -or-d-in-an_c_e_s -to-e-xp_a_n_d_t_he-u-se_o__,.f Features. C.5 Goal A.1 Objective B.2 Policy C.2 automatic fire sprinklers (above the minimums required by regional model building codes) and require wood roofs to be fire retardant, especially in new commercial and residential construction. Inspect all new or altered buildings and structures lo be sure they conform with applicable fire, building and life safety codes. A City which provides for emergency response during and after catastrophic events. To establish and maintain safe and effective evacuation routes. Promote public awareness of possible natural and man-made hazards, measures which can be taken to protect lives and property, response plans, and evacuation routes. The Specific Plan is consistent because ii will comply with applicable fire , building and life safety codes. For further information, refer to Specific Plan, Chapter 6.4, Specific Plan Procedures and Process, and all of the EPFs contained in, and required by, Specific Plan, Appendix B, Environmental Protection Features. Disaster Pre(Jaredness The Specific Plan is consistent because it will not impede the City's emergency response during and after catastrophic events, and will comply with all federal, state, and local regulations regarding hazards, hazardous materials, seismic events and natural disasters. The Specific Plan is consistent because ii will not impair implementation of, or physically Interfere with, an adopted emergency response plan or emergency evacuation plan. The Specific Plan is consistent because it will not impede the City's ability to promote public awareness of possible natural and man-made hazards. The Specific Plan contains EPFs that will avoid or substantially reduce effects related to natural and man-made hazards. For information regarding those EPFs, refer to Specific Plan, Appendix B, Environmental Protection Features. Hazardous Materials Goal A City which minimizes injury, loss of life, and damage to The Specific Plan is consistent because it will not impede the City's ability to minimize 1--A_.1 ___ --+~P,__1r...,op_1e_1rtv,__re_su_lt_in....,1q_fr_o_m_h_az_a_rd_o_u_s_m_a_te.,..ria_ls_d_i_sa_s_te_r.,..oc_c_un_re_n_c_e.---1 injury, loss of life, and damage to property resulting from hazardous materials disaster Objective To limit the hazards associated with the manufacture use, occurrence. The Specific Plan contains EPFs that will avoid or substantially reduce 8.1 transfer, storage and disposal of hazardous materials and effects related to hazards materials disaster occurrences. For information regarding those 8.2 hazardous wastes through enforcement of applicable local, EPFs, refer to Specific Plan, Appendix B, Environmental Protection Features. county, state and federal regulations. To comply with San Diego County's Hazardous Waste Management Plan. The Specific Plan is consistent because it will adhere to San Diego County's Hazardous Waste Management Plan, enforce all applicable local, county, state, and federal A-61 Consistent/ Inconsistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 ,0 I N N QC) Overall Land Use Pattern Policy C.1 Goal A.1 Objective 8.4 APPENDIX A (Continued) Table 1 Carl bad Gen ral Plan (1994) Co n i tenc nal i Polley Text Consistency Analysts Review land use decisions to consider constraints presented by regulations, and be consistent with federal, state, and county environmental regulations the potential for on-site and off-site contamination by use, that concern the manufacture, use, transfer, storage and disposal of hazardous wastes transfer, storage, or land disposal of hazardous materials and and hazardous materials. wastes. Land use decisions should be consistent with federal, stale and county environmental regulations. Crime Hazards A City which minimizes injury, loss of life, and damage to The Specific Plan is consistent because It ensures public services are adequate via the property resulting from crime. City's Police and Fire Departments. For further information, refer to Specific Plan, Chapter 5.2, Public Services and Facilities. The Specific Plan is consistent because it avoids or substantially reduces effects to fire protection through implementation of the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix 8, Environmental Protedion Features To encourage crime prevention through the planning process by Refer to the response above addressing Goal A.1 . establishing specific design criteria and standards to be used in the review of land use development. A-62 Consistent/ Inconsistent Consistent Consistent 8707 May 2015 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Plan Update (2014) Policy Number Polley Text Consistency Analysis Land Use and Community Design Element Land Use Goals 2-G.1 Maintain a land use program with amount, design and This goal is the same as an existing goal in the Carlsbad General arrangement of varied uses that serve to protect and enhance Plan (1994} or a modified version of one or more existing goals. the character and image of the city as expressed in the Carlsbad Refer to Table 1. For further information, refer to Specific Plan Community Vision, and balance development with preservation Chapter 1.0, Introduction and Chapter 4.0, Design Guidelines. and enhancement of open space. 2-G.2 Promote a diversity of compatible land uses throughout the city, This goal is the same as an exisbng goal in the Carlsbad General to enable people to live close to job locations, adequate and Plan (1994) or a modified version of one or more existing goals. convenient commercial services, and public support systems Refer lo Table 1. For further information, refer to Chapter 5, such as transit, parks, schools, and utilities. Infrastructure 2-G.3 Promote infill development that makes efficient use of limited This goal is the same as an existing goal in the Carlsbad General land supply, while ensuring compatibility and integration with Plan (1994) or a modified version of one or more existing goals. existing uses. Ensure that infill properties develop with uses and Refer to Table 1. For further information, refer to Specific Plan development intensities supporting a cohesive development Chapter 1.0, Introduction and Chapter 4.0, Design Guidelines. pattern. 2-G.6 Allow a range of mixed-use centers in strategic locations that New development within the Specific Plan's Community maximfze access to commercial services from transit and Promenade district would foster a sense of community by residential areas. providing visitor-serving commercial, retail, dining, entertainment, and recreation amenities along the 1-5 and Cannon Road, for a variety of Carlsbad residents and visitors. For further information, refer to Specific Plan Chapter 5.1.2, Public Transportation. 2-G.7 Ensure that neighborhood serving shopping and mixed-use This goal is the same as an existing goal in the Carlsbad General centers include shopping as a pedestrian-oriented focus for the Plan (1994) or a modified version of one or more existing goals. surrounding neighborhood, are physically integrated with the Refer to Table 1. For further information, refer to Specific Plan surroundings, and contain neighborhood-serving stores and Chapter 5.1.3 Bicycle and Pedestrian Facilities. small offices. Where appropriate, include in the centers high and medium density housing surrounding the retail core or integrated in mixed-use buildings. 2-G.8 Provide opportunities for continued economic growth and vitality This goal is the same as an existing goal in the Carlsbad General that enhance Carlsbad's position as a premier regional Plan (1994) or a modified version of one or more existing goals. employment center. Refer to Table 1. For further information, refer to Specific Plan Chapter 6.0, Implementation. A-63 Consistent/Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 .0 I N w Q Policy Number 2-G.9 2-G.10 2-G.13 2-G.15 2-P.1 2-P.4 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Plan Update (2014) Policy Text Consistency Analysis Accommodate a diversity of business establishments in appro-This goal is the same as an existing goal in the Carlsbad General priately-scaled settings, including large-scaled industrial and Plan (1994) or a modified version of one or more existing goals. research and development establishments proximate to the Refer to Table 1. For further information, refer to Specific Plan Palomar-McClellan Airport, regionally-scaled shopping centers, Chapter 1.0, Introduction. and neighborhood-serving commercial centers with smaller-sized stores, restaurants and offices to meet shopping, recreation, and service needs of residents and visitors. Promote continued growth of visitor-oriented land uses, and This goal is the same as an existing goal in the Carlsbad General provide enhanced opportunities for new hotels and visitor-Plan (1994) or a modrfied version of one or more existing goals. services in desirable locations. Refer to Table 1. For further information, refer to Specific Plan Chapter 1.0, Introduction . Maintain land use compatibility between McClellan-Palomar This goal is the same as an existing goal in the Carlsbad General Airport and surrounding land uses, and encourage the airport's Plan (1994) or a modified versiori of one or more existing goals. continued operations while ensuring it does not unduly impact Refer to Table 1. existing neighborhoods and communities. Support agricultural uses throughout the city while planning for This goal is the same as an existing goal In the Carlsbad General the transition of agriculture to other uses. Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. For further information, refer to Specific Plan Chapter 1.0, Introduction. Land Use Policies Maintain consistency between the General Plan and Title 21 of The Specific Plan is regulatory in nature, and the land use plan the Carlsbad Municipal Code (Zoning Ordinance and map). and designations, zoning, development regulations, design guidelines, implementation program, conditions, and environmental mitigation contained herein shall govern all uses within the Specific Plan area. Matters not specifically regulated or required by this Specific Plan shall be subject to the Carlsbad Municipal Code and other applicable, adopted rule, regulation, or official policy of the Crty, in addition to all applicable, adopted federal, state, and regional laws and regulations. For further information, refer to Specific Plan Chapter 1.5.4, Specific Plan's Relationship to the City Municipal Code. When uncertainty exists regarding the precise boundary of the This policy is the same as an existing goal or policy in the various land use desiqnations identified on the Land Use Map, Carlsbad General Plan (1994) or a modified version of one or A-64 Consistent/Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 ,0 I N w - Policy Number 2-P.5 2-P.10 2-P.15 2-P.16 2-P.17 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Plan Update (2014) PoltcyText Consistency Analysis Consistent/Inconsistent such boundaries shall be interpreted as follows: A) Where boundaries appear to follow the centerline of a street or highway, ownership boundary lines, or topographic features such as valleys or ridgelines, then the boundaries shall be interpreted to follow the lines/features they appear to follow; B) Where boundaries appear to reflect environmental and resource management considerations, boundaries shall be interpreted in a manner which is consistent with the considerations that the boundary reflects. Work with SANDAG through participation in its various standing committees on regional plans and initiatives. Adopt local imple- menting policies and programs when found to be consistent with the General Plan and in the best interests of Carlsbad's residents and businesses. Development on slopes, when permitted, shall be designed to minimize grading and comply w1th the hillside development pro- visions of the Zoning Ordinance and the Carlsbad Local Coastal Program. Locate commercial land uses as shown on the Land Use Map. Where applications for the re-designation of land to commercial land uses are submitted, these shall be accompanied by a conceptual development plan of the site and a market study that demonstrates the economic viability of using the land in the way being requested, as well as the impact on the viability of commercial uses designated on the Land Use Map that may compete within shared trade areas. Except within the Village, commercial development shall occur in the form of discrete shopping centers, as opposed to generalized retail districts or linear ·strip commercial" patterns (i.e. long corridors of commercial uses with numerous curb cuts, unsafe intersection spacing, disharmonious architectural styles, and a proliferation of signs). more existing goals. Refer to Table 1. For further information, refer to Specific Plan Figure 3.0-1 Conceptual Land Use. This policy is the same as an existing goal or policy in the Carlsbad General Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. For further information, refer to Specific Plan Appendix B, Environmental Protection Features for more information. This policy is the same as an existing goal or policy in the Carlsbad General Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. Construction activities would minimize land disturbance (e.g., clearing, grading, and cut- and-fill) in erosive areas. This policy is the same as an existing goal or policy in the Carlsbad General Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. For further information, refer to Specific Plan Figure 3.0-1 Conceptual Land Use. Consistent Consistent Consistent This policy is the same as an existing goal or policy in the Consistent Carlsbad General Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. For further information, refer to Specific Plan Chapter 4.0, Design Guidelines. Ensure that all residential areas have convenient access lo daily This policy is the same as an existing goal or policy in the Consistent A-65 8707 May 2015 iO I N w N Policy Number 2-P.18 2-P.19 2-P.20 2-P.21 2-P.22 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Plan Update (2014) Policy Text Consistency Analysis goods and services by locating local shopping centers centrally Carlsbad General Plan (1994) or a modified version of one or within their primary trade areas, as defined in Table 2-4. Such more existing goals. Refer to Table 1. trade areas should minimize gaps between or overlaps with the trade areas of other local shopping centers. New master plans and residential specific plans and other large This policy is the same as an existing goal or policy in the development proposals shall evaluate whether there is a need to Carlsbad General Plan (1994) or a modified version of one or include a local shopping center within the development. more existing goals. Refer to Table 1. For further information, refer to Specific Plan Chapter 1.0, Introduction. Locate regional shopping centers on sites that are easily visible This policy is the same as an existing goal or policy in the and accessible from highways and freeways. Local shopping Carlsbad General Plan (1994) or a modified version of one or centers may be adjacent to or integrated into regional centers to more existing goals. Refer to Table 1. For further information, also serve the daily convenience needs of customers utilizing the refer to Specific Plan Chapter 2.2.1 Regional and Local regional shopping center. Circulation. Limit general commercial development lo sites where such uses This policy is the same as an existing goal or policy in the are appropriate and desirable, provided the development is Carlsbad General Plan (1994) or a modified version of one or designed to be architecturally unified and does not result in "strip more existing goals. Refer to Table 1. For further information, commercial" development. refer to Specific Plan Chapter 2.1 Site Conditions and Existing Land Use, and Chapter 4.6 Visitor Serving Commercial Design Guidelines. Locate visitor commercial uses near major transportation This policy is the same as an existing goal or policy in the corridors and proximate to key visitor draws, such as the ocean, Carlsbad General Plan (1994) or a modified version of one or lagoons, the Village, LEGOLAND, and businesses in the more existing goals. Refer to Table 1. For further information, Palomar Airport Road corridor. refer to Specific Plan Chapter 2.1 Site Conditions and Existing Land Use. Build and operate commercial uses in such a way as to This policy is the same as an existing goal or policy in the complement but not conflict with adjoining residential areas. This Carlsbad General Plan (1994) or a modified version of one or shall be accomplished by: a. Controlling lights, signage, and more existing goals. Refer to Table 1. For further information, hours of operation to avoid adversely impacting surrounding refer to Specific Plan Chapter 3.5 Development Standards. uses. b. Requiring adequate landscaped buffers between commercial and residential uses. c. Providing bicycle and pedestrian links between commercial centers and surrounding residential uses, and providing bicycle parking racks. d. Ensuring building mass does not adversely impact surrounding residences. A-66 Consistent/Inconsistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 Policy Number 2-P.23 2-P.24 2-P.32 2-P.33 2-P.34 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Plan Update (2014) Policy Text Consistency Analysis Ensure that commercial development is designed to include: a. This policy is the same as an existing goal or policy in the Integrated landscaping, parking, signs, and site and building Carlsbad General Plan (1994) or a modified version of one or design b. Common ingress and egress, safe and convenient more existing goals. Refer to Table 1. For further information, access and internal circulation, adequate off-street parking and refer to Specific Plan Chapter 3.5 , Development Standards and loading facilities. Each commercial site should be easily Chapter 5.0, Infrastructure. accessible by pedestrians, bicyclists, and automobiles to nearby residential development. C. Architecture that emphasizes establishing community identity while presenting tasteful, dignified and visually appealing designs compatible with their surroundings. d. A variety of courtyards and pedestrian ways, bicycle facilities, landscaped parking lots, and the use of harmonious architecture in the construction of buildings. When 'community" tenants (see Table 2-4, earlier) are included This policy is the same as or similar to an existing policy or goal in in a local shopping center, they must be fully integrated into the the Carlsbad General Plan (1994 ). Refer to Appendix A, Table 1. overall function and design of the center, including the architecture, internal circulation and landscaping. The inclusion of such tenants should complement, not supplant the principal function of the center, which is to provide local goods and services. a No community "anchor" tenant may be built as a stand-alone building. It must share (or appear to share) walls and its building facade with other tenants in the center. b. No community "anchor" tenant or secondary tenant may feature corporate architecture or logos (excluding signage) that is not integrated into the overall design of the center. Allow for agricultural uses throughout the city. This policy is the same as an existing goal or policy in the Carlsbad General Plan (1994} or a modified version of one or more existing goals. Refer to Table 1. For further information, refer to Specific Plan Figure 3.0-1 Conceptual Land Use Ensure the existing Flower Fields remain in flower production by This policy is the same as an existing goal or policy in the utilizing all available methods and programs, including grants Carlsbad General Plan (1994) or a modified version of one or and other outside financial assistance. more existing goals. The proposed Specific Plan would not impact the existing Flower Fields. Refer to Table 1. Encourage soil and water conservation techniques in agricultural This policy is the same as an existing goal or policy in the activities. Carlsbad General Plan (1994) or a modified version of one or A-67 Consistent/Inconsistent Consistent Consistent Consistent Consistent 8707 May 2015 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Plan Update (2014) Policy Number Policy Text Consistency Analysis more existing goals. Refer to Table 1. The Specific Plan is consistent because all soil and water conservation techniques have been required by the Specific Plan's EPFs. For information rega rding the EPFs, refer to Appendix B, Environmental Protection Features. 2-P.35 Require new development located in the Airport Influence Area This policy is the same as an existing goal or policy in the (AIA) to comply with applicable land use compatibility provisions Carlsbad General Plan (1994) or a modified version of one or of the McClellan-Palomar Airport land Use Compatibility Plan more existing goals. Refer to Table 1. For further information , (AlUCP) through review and approval of a site development refer to Specific Plan Chapter 3.5 Development Standards. plan, or other development permit. Unless otherwise approved by City Council, development proposals must be consistent or conditionally consistent with applicable land use compabbility policies with respect to noise, safety, airspace protection, and overflight notification, as contained in the McClellan-Palomar AlUCP. Additionally, development proposals must meet Federal Aviation Administration (FAA) requirements with respect to building height as well as the provision of obstruction lighting when appurtenances are permitted to penetrate the transitional surface (a 7:1 slope from the runway primary surface). Consider San Diego County Airport land Use Commission recommendations in the review of development proposals. Community Character, Design, and Connectedness Goals 2-G.16 Enhance Carlsbad's character and image as a desirable This goal is the same as an existing goal in the Carlsbad General residential, beach and open-space oriented community. Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. For further information, refer to Specific Plan Chapter 4.0, Design Guidelines. 2-G.17 Ensure that the scale and character of new development is This goal is the same as an existing goal in the Carlsbad General appropriate to the setting and intended use. Promote Plan (1994) or a modified version of one or more existing goals. development that is scaled and sited to respect the natural Refer to Table 1. For further information, refer to Specific Plan terrain, where hills, public realm, parks, open space, trees, and Chapter 3.0, Development Standards and Chapter 4.0, Design distant vistas, rather than buildings, dominate the overall Guidelines. landscape, while developing the Village, Barrio, and commercial and industrial areas as concentrated urban-scaled nodes. 2-G.18 Ensure that new development fosters a sense of community and This goal is the same as an existing goal in the Carlsbad General A-68 Consistent/Inconsistent Consistent Consistent Consistent Consistent 8707 May 2015 Policy Number 2-G.19 2-G.20 2-G.21 2-G.22 2-G.23 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Plan Update (2014) Polley Text Consistency Analysis is designed with the focus on residents, including children, the Plan (1994) or a modified version of one or more existing goals. disabled and the elderly, instead of the automobile by providing: Refer lo Table 1. For further information, refer to Specific Plan safe, pedestrian-friendly, tree-lined streets; walkways to common Chapter 3.0, Development Standards and Chapter 4.0, Design destinations such as schools, bikeways, tra ils, parks and stores; Guidelines. homes that exhibit visual diversity, pedestrian-scale and prominence to the street; central gathering places; and recreation amenities for a variety of age groups. Ensure that new neighborhood commercial centers are designed This goal is the same as an existing goal in the Carlsbad General for pedestrian comfort, and integrated with the surrounding Plan (1994) or a modified version of one or more existing goals. neighborhoods with new streets and paths. Refer to Table 1. For further information, refer to Specific Plan Chapter 5.1.3 Bicycle and Pedestrian Facilities. Develop an active ocean waterfront, with new growth This goal is the same as an existing goal in the Carlsbad General accommodated west of Interstate 5, to enable residents and Plan (1994) or a modified version of one or more existing goals. visitors to enjoy more opportunities for dining, shopping, and Refer to Table 1. For further information, refer to Specific Plan recreating along the coastline. Develop public gathering places Chapter 1.0, Introduction. and recreational opportunities along the coastal corridor. In accordance with Proposition D, which was enacted by This goal is the same as an existing goal in the Carlsbad General Carlsbad voters in 2006, create a unique, community-oriented Plan (1994) or a modified version of one or more existing goals. agricultural and open space area along the Cannon Road Refer to Table 1. For further information, refer to Specific Plan corridor located east of Interstate 5 including the existing flower Chapter 1.0, Introduction and Chapter 2.1 Sile Conditions and fields and strawberry fields (does not include the 50 acre parcel Existing Land Use. located adjacent to the east side of lnterstate-5). Ensure that adequate public facilities and services are provided This policy is the same as an existing goal or policy in the in a timely manner to preserve the quality of life of residents. Carlsbad General Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. For further information refer to Specific Plan Chapter 6.13 , Growth Management Program Consistency. Develop programs that correlate the projected population with This policy is the same as an existing goal or policy in the the service capabilities of the city. Carlsbad General Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. For further information refer to Specific Plan Chapter 6.13, Growth Management Program Consistency. A-69 Consistent/Inconsistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 Policy Number 2-P.38 2-P.39 2-P.40 2-P.41 2-P.42 2-P.43 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Plan Update (2014) Policy Text Consistency Analysis Community Character and Design Policies Establish development standards that will preserve natural This policy is the same as an existing goal or policy in the features and characteristics, especially those within coastal, Carlsbad General Plan (1994) or a modified version of one or hillside and natural habitat areas. more existing goals. Refer to Table 1. For further information, refer to Specific Plan Chapter 3.5 Development Standards. Ensure that the review of future projects places a high priority This policy is the same as an existing goal in the Carlsbad on the compatibility of adjacent land uses along the interface of General Plan (1994) or a modified version of one or more existing different residential density and non-residential intensity goals. Refer to Table 1. For further information, refer to Specific categories. Special attention should be given to buffering and Plan Chapter 3.0, Land Use. transitional methods, especially, when reviewing properties where different residential densities or land uses are involved. Ensure that development on hillsides, where permitted pursuant This policy is the same as an existing goal in the Carlsbad to the hillside development regulations of the Zoning Ordinance, General Plan (1994) or a modified version of one or more existing is designed to preserve and/or enhance the visual quality of the goals. Refer to Table 1. pre-existing topography. Where feasible, locate development away from visible ridges; This policy is the same as an existing goal or policy in the larger buildings, such as large retail stores and office and Carlsbad General Plan (1994) or a modified version of one or industrial development, should be arranged to minimize the more existing goals. Refer to Table 1. For further information, buildings' visual appearance from major transportation corridors refer to Specific Plan Chapter 4.0, Design Guidelines. and vistas. Encourage clustering of development to preserve natural terrain This policy is the same as an existing goal or policy in the and maximize open space areas around developments. Carlsbad General Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. For further information, refer to Specific Plan Chapter 4.0, Design Guidelines. Evaluate each discretionary application for development of This policy is the same as an existing goal or policy in the property with regard to the following specific criteria: Carlsbad General Plan (1994) or a modified version of one or a. Site design and layout of the proposed buildings in terms of more existing goals. Refer to Table 1. For further information, size, height and location, lo foster harmony with landscape and refer to Specific Plan Chapters 1.0, 3.0, and 4.0. adjacent development. b. Sile design and landscaping to provide buffers and screening where appropriate, conserve water, and reduce erosion and runoff. c. Building design that enhances neighborhood quality, and incorporates considerations of visual quality from key vantage points, A-70 Consistent/Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 Policy Number 2-P.46 2-P.47 2-P.49 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Plan Update (2014) Policy Text such as major transportation corridors and intersections, and scenic vistas. d. Site and/or building design features that will reduce greenhouse gas emissions over the life of the project, as outlined in the Climate Action Plan. e. Provision of public and/or private usable open space and/or pathways designated in the Open Space, Conservation, and Recreation Element. f. Contributions to and extensions of existing systems of streets, foot or bicycle paths, trails, and the greenbelts provided for in the Mobility, and Open Space, Conservation, and Recreation elements of the General Plan. g. Compliance with the performance standards of the Growth Management Plan. h. Development proposals which are designed to provide safe, easy pedestrian and bicycle linkages to nearby transportation corridors. i. Provision of housing affordable to lower and/or moderate income households. j. Policies and programs outlined in Local Coastal Program where applicable. k. Consistency with applicable provisions of the Airport Land Use Compatibility Plan for McClellan-Palomar Airport. Enhance walkability on a citywide scale by installing benches and transit shelters and adding landscaping, wayfinding and pedestrian-scaled lighting. Consider ways to improve rail and freeway overpass/ underpass areas, with lighting, sidewalk improvements and art installations. In design requirements for sites adjacent to pedestrian-oriented streets, consider how buildings address the street, through ample windows for display, outdoor eating areas, entryway design options and attractive signage. Promote development of new activity centers along the ocean waterfront-places where people can eat, shop, recreate and connect with the ocean while taking in the views of the sand, water and sunset. Potential locations for this include the Carlsbad Boulevard/Agua Hedionda Center (see Figure 2-2); near the intersecUon of Palomar Airport Road and Carlsbad Consistency Analysis This policy is the same as an existing goal or policy in the Carlsbad General Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. For further information, refer to Specific Plan Chapter 4.0, Design Guidelines. This policy is the same as an existing goal or policy in the Carlsbad General Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. The proposed Specific Plan's designaUons will allow for and facilitate the provision of habitat protection: low-cost public access to passive open space and recreation areas; the continuation of agriculture and coastal strawberry farming ; and connections to unique, high-quality visitor-serving retail, shopping, dining, entertainment, and recreation opportunities. For further A-71 Consistent/Inconsistent Consistent Consistent Consistent 8707 May 2015 ,0 I N ~ QC Policy Number 2-P.53 2-P.54 2-G.22 2-G.23 2-P.56 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Plan Update (2014) Policy Text Consistency Analysis Boulevard; the Ponto area; and other appropriate sites that may information, refer to Specific Plan Chapter 1.0, Introduction. provide opportunities for the development of activity centers. Integrate disparate master planned communities and neighbor-This policy is the same as an existing goal in the Carlsbad hoods into a cohesive whole, by establishing streetscape General Plan (1994) or a modified version of one or more existing schemes along key connector streets and arterials. goals. Refer to Table 1. For further information, refer to Specific Plan Section 3.5 Development Standards. Encourage use of public space and rights-of-way for periodic The Specific Plan is consistent with this policy because the AGS- community events such as farmers markets, street fairs, and OS designation is intended lo accommodate the continuation of athletic events. coastal agriculture and strawberry farming in an open space setting, and accommodate an agricultural farm stand (approximately 2,200 square feet) and associated produce sales, farmers market, farm-to-table dining (approximately 6,500 square feet), "you-pick" opportunities and other accessory uses supporting the continuation of coastal agriculture and strawberry farming and its connection to the VSC and EAG-OS designations within the Specific Plan area. For further information, refer to Chapter 3.3.5, Agricultural Support Open Space. Growth Management Goals and Policies Ensure that adequate public facilities and services are provided This goal is the same as an existing goal or policy in the Carlsbad in a timely manner to preserve the quality of life of residents. General Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. The Specific Plan is consistent because timely implementation of public facilities and services has been required by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Develop programs that correlate the projected population with This goal 1s the same as an exisUng goal in the Carlsbad General the service capabilities of the city. Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. Require compliance with Growth Management Plan public facility This policy is the same as an existing goal or policy in the performance standards, as specified in the Citywide Facilities Carlsbad General Plan (1994) or a modified version of one or and Improvements Plan, to ensure that adequate public faciliUes more existing goals. Refer lo Table 1. The Specific Plan is are provided prior lo or concurrent with development. consistent because timely implementation of public facilities and services has been required by the Specific Plan's EPFs. For information reQardinq the EPFs, refer to Appendix B, A-72 Consistent/Inconsistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 ,0 I N w 1,,0 Policy Number 2-P.57 2-P.58 2-P.59 2-P.60 2-P.61 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General PJan Update (2014) Policy Text Consistency Analysis Environmental Protection Features and Specific Plan Chapter 6.13, Growth Manariement Proriram Consistency. Coordinate future development with the Capital Improvement This policy Is the same as an existing goal in the Carlsbad Program (C IP) to ensure adequate funding for needed facilities General Plan (1994) or a modified version of one or more existing and services; and prioritize the funding of CIP projects to provide goals. Refer to Table 1. For further information, refer to Specific facilities and services to infill areas, in transit priority or planned Plan Chapter 6.2, Financing and Maintenance of Public smart growth areas, and areas where existing deficiencies exist. Improvements. Maintain the Growth Management monitoring and annual This policy is the same as an existing goal or policy In the reporting program, which: a) monitors the number of existing and Carlsbad General Plan (1994) or a modified version of one or future dwelling units compared to the growth management more existing goals. Refer to Table 1. For further information, dwelling unit limitations, and b) measures the city's public service refer to Specific Plan Chapter 6.2, Financing and Maintenance of requirements against the rate of physical growth. Use this Public Improvements. information to establish priorities for capital improvement funding, and when considering development requests. The City Council or the Planning Commission shall not find that This policy is the same as an existing goal or policy in the all necessary public facilities will be available concurrent with Carlsbad General Plan (1994) or a modified version of one or need as required by the Growth Management Plan unless the more existing goals. Refer to Table 1. The Specific Plan is provision of such facilities is guaranteed. In guaranteeing that the consistent because timely implementation of public facilities and facilities will be provided, funding shall be available for the services has been required by the Specific Plan's EPFs. For necessary facilities prior to approval of development permits, and information regarding the EPFs, refer to Appendix B, emphasis shall be given to ensuring a balanced circulation Environmental Protection Features and Specific Plan Chapter system, schools, parks, libraries, open space and recreational 6.13, Growth Management Program Consistency. amentties. Public facilities may be added, however, the City Council shall not materially reduce public facilities without making corresponding reductions in residential capacity. In coordination with land owners, provide for the protection and This policy is the same as an existing goal or policy in the preservation of environmental and agricultural resources in the Carlsbad General Plan (1994) or a modified version of one or corridor area by permitting only: a. Open space b. Farming and more existing goals. Refer to Table 1. For further information, other related agricultural support uses, including flower and refer to Specific Plan Chapter 1.0, Introduction. strawberry production and commercial support uses. c. Public trails d. Active and passive parks, recreation and similar public and private facilities (except on the existing Flower Fields) e. Electrical Transmission Facilities Prohiblt residential uses. Commercial and industrial uses are This policy is the same as an exisUng goal or policy in the also prohibited in the corridor area, unless such uses are Carlsbad General Plan (1994) or a modified version of one or A-73 Consistent/Inconsistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 ,0 I N ~ = Polley Number 2-P.62 2-P.63 2-P.64 3-G.1 3-G.2 3-G.3 3-G.4 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Plan Update (2014) Polley Text Consistency Analysis normally associated with or in support of farming operations and more existing goals. Refer to Table 1. For further information, open space uses. refer to Specific Plan Chapter 3.3.3 EAG-OS for an explanation of allowed uses. Enhance public access and public use in the area by allowing This policy is the same as an existing goal or policy in the compatible public trails, community gathering spaces and public Carlsbad General Plan (1994) or a modified version of one or and private, active and passive park and recreation uses. more existing goals. Refer lo Table 1. For further information, refer to Specific Plan Chapter 1.0, Introduction. Allow farming to continue in the area for as long as economically This policy is the same as an existing goal or policy in the viable for the landowner. Carlsbad General Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. For further information, refer lo Specific Plan Chapter 1.0, Introduction. Utilize all existing programs and land use protections and This policy is the same as an existing goal or policy in the explore possible new mechanisms to keep the existing Flower Carlsbad General Plan (1994) or a modified version of one or Fields in production. more existing goals. Refer to Table 1. Proposed Specific Plan would not affect the existing Flower Fields. Mobility El_ement Mobility Goals Keep Carlsbad moving with livable streets that provide a safe, This goal is the same as an existing goal in the Carlsbad General balanced, cost-effective, multi-modal transportation system, Plan (1994) or a modified version of one or more existing goals. accommodating the mobility needs of all community members, Refer to Table 1. For further information, refer to Specific Plan includinQ children, the elderly and the disabled. Chapter 5.1 Mobility. Improve connectivity for residents, visitors, and businesses. This goal is tile same as an existing goal in the Carlsbad General Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. For further information, refer to Specific Plan Chapter 5.1, Mobility. Provide inviting streets capes that encourage walking and This goal is the same as an existing goal in the Carlsbad General promote livable streets. Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. For further information, refer to Specific Plan Chapter 5.1, Mobility. Manage and "right size' parking to support all modes of This goal is the same as an existing goal in the Carlsbad General transportation and ensure efficient use of land. Plan (1994) or a modified version of one or more existing goals, Refer lo Table 1. For further information, refer to Specific Plan A-74 Consistent/Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 ,0 I N ""' - Policy Number 3-G.S 3-G.7 3-P.2 3-P.3 3-P.4 3-P.5 3-P.6 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Plan Update (2014) Policy Text Consistency Analysis Chapter 5.1 , Mobility. Implement transportation demand and traffic signal management The Specific Plan Is consistent because TDM measures and techniques to improve mobility. adaptive signal technology have been required by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Provide for the safe and efficient movement of goods throughout This goal is the same as an existing goal in the Carlsbad General the city. Plan (1994) or a modified version of one or more exlsting goals. Refer to Table 1. For further information, refer to Specific Plan Chapter 5.1 , Mobility. Mobility Policies Integrate livable streets in all capital improvement projects, This policy is the same as an existing goal or policy in the where applicable, as well as new development projects. Carlsbad General Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. For further information, refer to Specific Plan Chapter 5.1 , Mobility. Apply and update the city's multi-modal level of service The Specific Plan would increase MMLOS scores for pedestrian, (MMLOS) methodology and guidelines that reflect the core bicycle, and transit. For further information, refer to Specific Plan values of the Carlsbad Community Vision related to Chapter 5.1 , Mobility. transportation and connectivity. UUlize the MMLOS methodology to evaluate impacts of individual development projects and amendments to the General Plan on the city's transportation system. Implement the city's MMLOS methodology by evaluating level of The Specific Plan would increase MMLOS scores for pedestrian, service (LOS) for prioritized modes. Maintain LOS D or better bicycle, and transit. For further information, refer to Specific Plan only for prioritized modes of travel by street typology as outlined Chapter 5.1 , Mobility. in Table 3-1 and Figure 3-1. Require developers to construct or pay their fair share toward This policy is the same as an existing goal or policy in the improvements for all travel modes consistent with this Mobility Carlsbad General Plan (1994) or a modified version of one or Element, the Growth Management Plan, and specific impacts more existing goals. Refer to Table 1. For further information, associated with their development. refer to Specific Plan Chapter 6.2, Financing and Maintenance of Public Improvements. Utilize transportation demand management strategies, non-The Specific Plan is consistent because TDM measures and automotive enhancements (bicycle, pedestrian, transit, train, adaptive signal technology have been required by the Specific trails, and connectivity), and traffic signal management Plan's EPFs. For information regarding the EPFs, refer to techniques as long-term transportation solutions and traffic Appendix 8, Environmental Protection Features. A-75 Consistent/Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Plan Update (2014) Polley Number Policy Text Consistenc-y Analysis mitigation measures to carry out the Carlsbad Community Vision. 3-P.9 Require new development that adds traffic to LOS-exempt The Specific Plan is consistent because TOM measures and locations (consistent with 3-P.7} to implement transportation adaptive signal technology have been required by the Specific demand management strategies that reduce the reliance on the Plan's EPFs. For information regarding the EPFs, refer to automobile and assist in achieving the city's livable streets Appendix 8, Environmental Protection Features. vision. 3-P.22 Identify and implement necessary pedestrian improvements on This policy is the same as an existing goal or policy in the pedestrian-prioritized streets with special emphasis on providing Carlsbad General Plan (1994) or a modified version of one or safer access to schools, parks, community and recreation more existing goals. Refer to Table 1. For further information, centers, shopping districts, and other appropriate facilities. refer to Specific Plan Chapter 5.1 , Mobility. 3-P.24 Improve and enhance parking, connectivity, access and This policy is the same as an existing goal or policy in the utilization for pedestrians and bicycles to COASTER stations, Carlsbad General Plan (1994) or a modified version of one or utility corridors, and open spaces consistent with city planning more existing goals. Refer to Table 1. For further information, documents. refer to Specific Plan Chapter 5.1 , Mobility. 3-P.25 Evaluate incorporating pedestrian and bicycle infrastructure This policy is the same as an existing goal or policy in the within the city as part of any planning or engineering study, Carlsbad General Plan (1994) or a modified version of one or private development, or capital project where bicyclists or more existing goals. Refer to Table 1. For further information, pedestrians are a prioritized or non-prioritized mode. refer to Specific Plan Chapter 5.1, Mobility. 3-P.27 Engage the community in the policy setting and planning of The Specific Plan is part of a Specific Plan Initiative process that street, bicycle, pedestrian, transit, and connectivity studies, plans will be adopted either direcUy or by vote at an election. and programs. Opportunities for community input will occur in conjunction with the Specific Plan Initiative process; and, for that reason, the Specific Plan is consistent with this policy. 3-P.28 Require developers to improve pedestrian and bicycle connectiv-The Specific Plan would increase MMLOS scores for pedestrian, ity consistent with the city's bicycle and pedestrian master plans bicycle, and transit. Sidewalks and pedestrian paths within the and trails master planning efforts. In addition, new residential Specific Plan area would provide convenient access lo developments should demonstrate that a safe route to school storefronts, outdoor spaces and parking. The Specific Plan does and transit is provided to nearby schools and transit stations not include residential development. This policy is the same as an within a half mile walking distance. existing goal or policy in the Carlsbad General Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. For further information, refer to Specific Plan Chapter 5.1. Mobility. 3-P.29 Work with existing neighborhoods and businesses to improve This policy is the same as an existing goal or policy in the A-76 Consistent/Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 Polley Number 3-P .31 3-P.33 3-P.34 3-P.35 3-P.37 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Plan Update (2014) Polley Text pedestrian and bicycle connectivity and safety consistent with the city's pedestrian and bicycle master plans and trails master planning efforts. Partner with other agencies and/or developers to improve transit connectivity within Carlsbad. As part of a comprehensive transportation demand management (TOM) strategy and/or with transit oriented development (TOD), a shuttle system could be established that connects destinations and employment centers like LEGOLAND, hotels, the Village, McClellan-Palomar Airport, business parks, the COASTER and Breeze transit stations, and key destinations along the coast. The system could incorporate shuttle service in adjacent citifies to maximize connectivity. Coordinate with NCTD to improve the quality of bus stop facilities in the city. Develop flexible parking requirements to provide the 'right amount• of on-site vehicle parking. Such requirements will include implementation of innovative parking techniques, implementing effective TOM programs to reduce parking demand, and consideration of other means to 'right size' the parking supply. Require new employment development to provide secure bicycle parking on-site. Major employers should provide shower and changing rooms for employees as appropriate. Consider supporting new development and existing businesses with various incentives (such as parking standards modifications) for implementing TOM programs that minimize the reliance on single-occupant automotive travel during peak commute hours. Consistency Analysis Carlsbad General Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. For further information, refer to Specific Plan Chapter 5.1 , Mobility. The Specific Plan is consistent because TOM measures and adaptive signal technology have been required by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix 8, Environmental Protection Features and Specific Plan Chapter 5.1, Mobility. The Specific Plan is consistent because coordination with NCTD is required by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental ProtecUon Features. Automobile parking field design would include an efficient traffic movement pattern, adequate turning radii, and convenient parking locations. The Specific Plan is consistent because TDM measures and innovative parking techniques are required by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix 8, Environmental Protection Features. This policy is the same as an existing goal in the Carlsbad General Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. The Specific Plan is consistent because TOM measures for bicycle parking have been required by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix 8, Environmental Protection Features and Specific Plan Chapter 5.1, Mobility. This policy is the same as an existing goal in the Carlsbad General Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. The Specific Plan is consistent because TOM measures minimizing reliance on single-occupant A-77 Consistent/Inconsistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 Polley Number 4-G.1 4-G.2 4-G.3 4-G.4 4-G.5 4-G.6 APPENDIX A (Continued) Table 2 pecific Plan Con t nc with the Draft Gener al Plan Update (2014) Polley Text Consistency Analysis automotive travel have been required by the Specific Plan's EPFs. For information regarding the EPFs, refer lo Appendix B, Environmental Protection Features and Specific Plan Chapter 5.1 , Mobility. Open Space and Conservation Element Open Space Goals Develop a balanced and integrated open space system reflecting This goal is the same as an existing goal In the Carlsbad General a variety of considerations-resource conservation, production of Plan (1994) or a modified version of one or more existing goals. resources, recreation, and aesthetic and community Identity-Refer to Table 1. For further information, refer to Specific Plan and ensuring synergies between various open space Chapter 4.0, Design Guidelines. components and compatibility with land use planning. Protect environmentally sensitive lands, wildlife habitats, and This goal is the same as an existing goal in the Carlsbad General rare, threatened or endangered plant and animal communities. Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. See Chapter 3.0, Land Use. Promote conservation of hillsides and ridgelines This goal is the same as an existing goal in the Carisbad General Plan ( 1994) or a modified version of one or more existing goals. Refer to Table 1. For further information, refer to Specific Plan Chapter 4.0, Design Guidelines. Maintain a diversified, comprehensive system of open space for This goal is the same as an existing goal In the Carlsbad General outdoor recreation, induding, bul not lim~ed to: parks; beaches; Plan (1994) or a modified version of one or more existing goals. areas for organized sports; connecting corridors containing trails; Refer to Table 1. For further information, refer to Specific Plan water recreation areas (beaches, lagoons, lakes): unique Chapter 1.0, Introduction. conservation areas for nature study; and, semi-developed areas for camping Offer a wide variety of recreational activities and park facilities This goal is the same as an existing goal in the Carlsbad General designed to encourage educational benefits and active or Plan (1994) or a modified version of one or more existing goals. passive participation by users of all ages and interests. Refer to Table 1. For further information, refer to Specific Plan Chapter 1.0, Introduction. Operate a financially self-supportive system of recreational This goal is the same as an existing goal In the Carlsbad General facilities and programs. Plan (1994) or a modified version of one or more exisUng goals. Refer to Table 1. For further Information, refer to Specific Plan Chapter 6.2, Financing and Maintenance of Public Improvements. A-78 Consistent/Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 ,0 I N .,i:.. Ul Policy Number 4-G.7 4-G.9 4-G.10 4-G.11 4-G.12 4-P.1 APPENDIX A (Continued) Table 2 Specific PJan Consistency with the Draft General Plan Update (2014) Policy Text Consistency Analysis Coordinate the planning of park facilities and trails with other This goal is the same as an existing goal in the Carlsbad General recreation-oriented land uses such as open space. Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. For furthe r information, refer to Specific Plan Chapter 1.0, Introduction. Utilize greenways and trails to connect the city's open space This goal is the same as an existing goal in the Carlsbad General network. Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. For further information, refer to Specific Plan Chapter 1.0, Introduction. Recognize the important value of agriculture and horticultural This goal is the same as an existing goal in the Carlsbad General lands in the city, and support their productive use. Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. For further information, refer to Specific Plan Chapter 1.0, Introduction. Protect air quality within the city and support efforts for enhanced This goal is the same as an existing goal in the Carlsbad General regional air quality. Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. The Specific Plan is consistent because implementation of air quality EPFs designed to support and/or enhance air quality have been required by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Promote the protection of Carlsbad's creeks, lagoons, ocean and This goal is the same as an existing goal in the Carlsbad General other natural water bodies from pollution. Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. The Specific Plan is consistent because implementation water quality EPFs designed to protect such resources have been required by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Open Space Policies Maintain an integrated open space classification system that The Specific Plan will permanently protect approximately 176.7 accommodates conservation, resource production, recreation, acres, more than 85% of the Specific Plan area, for open space and aesthetic needs. and the continuation of strawberry farming and coastal agriculture. The Specific Plan's protection, conservation and enhancement of the open space and agricultural land will be achieved through the Specific Plan itself and in cooperation with the Citv of Carlsbad, one or more qualified environmentallv A-79 Consistent/Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 APPENDIX A (Continued) Table 2 Specific Plan OD t DC with the Draft General Plan pdate (2014) Policy Number Polley Text Consistency Analysis focused non-profit entities, land conservancy organizations, land managers, public agencies, and qualified farming and agricultural interests. For further information, refer to Specific Plan Chapter 1.0, lntroducUon. 4-P.2 Designate for preservation as open space those areas that This policy is the same as an existing goal or policy in the provide unique visual amenities within the urban form, such as Carlsbad General Plan (1994) or a modified version of one or agriculture, hillsides, ridges, valleys, canyons, beaches, lagoons, more existing goals. Refer to Table 1. creeks, lakes and other unique resources that provide visual and physical relief to the cityscape by creating natural contrasts lo the built-up, manmade scene. 4-P.3 Ensure that the Cannon Road Open Space, Farming, and Public This policy is the same as an existing goal or policy in the Use Corridor is permanently protected and preserved for open Carlsbad General Plan (1994) or a modified version of one or space uses. more existing goals. Refer to Table 1. The Specific Plan will permanenUy protect approximately 176.7 acres, more than 85% of the Specific Plan area, for open space and the continuation of strawberry fanning and coastal agriculture. The Specific Plan's protection. conservation and enhancement of the open space and agricultural land will be achieved through the Specific Plan ilse!f and in cooperation with the City of Cartsbad, one or more qualified environmentally focused non-profit entities, land conservancy organizations, land managers, public agencies, and qualified farming and agricultural interests. For further information, refer lo Specific Plan Chapter 1.0, Introduction. 4-P.4 Provide public access to all open space areas. When natural This policy is the same as an existing goal or policy in the open lands are privately-held, acquire or negotiate for public Carlsbad General Plan (1994) or a modified version of one or access if the land could be used for unprogrammed recreational more existing goals. Refer to Table 1. For further information, uses. Public access shall not be provided where sensitive refer lo Specific Plan Chapter 1.0, Introduction. resources may be threatened or damaged, where public health and safety may be compromised or where access would interfere wi th the managed production of resources, such as agriculture. 4-P.5 Require compliance with the Growth Management Plan open This policy Is the same as an existing goal or policy In the space performance standard specified in the Citywide Facilities Carlsbad General Plan (1994) or a modified version of one or and Improvements Plan, and maintain appropriate criteria, more existing goals. Refer to Table 1. For further information, standards, and classifications. The followinq open space areas refer to Specific Plan Chapter 6.13, Growth Manaoement A-80 Consistent/Inconsistent Consistent Consistent Consistent Consistent 8707 May 2015 Policy Number 4-P.6 APPENDIX A (Continued) Table 2 pecific Plan on i tenc \J ith the Draft General Plan Updat (2014 Polley Text shall not be utilized to meet the open space perfonnance standard: a) Schools, except public school playgrounds, athletic fields and courts for which the city has joint use agreements with the school districts. b) Parks, public or private; however, credit may be granted for private parks if the granting of the open space credit will not adversely Impact the city's ability to obtain all of the applicable open space priorities Identified for the local facilities management zone (LFMZ) by the Open Space and Conservation Resource Management Plan (OSCRMP). c) Open space that is not available to the public, unless it is an open space priority Identified by the OSCRMP and the granting of the open space credit will not adversely impact the city's ability to obtain all of the open space priorities identified for the LFMZ by the OSCRMP. d) Powerline easements, except where the land within the easement is identified by the OSCRMP as an open space priority, such as a tra il or greenway, and the granting of the open space cred~ will not adversely impact the city's ability to achieve all of the open space priorities identified for the LFMZ by the OSCRMP. Major powerfine easements that provide key links to the Carlsbad trail system shall receive credit toward the open space perfonnance standard. e) Golf courses, except those portions of golf courses Identified by the OSCRMP as an open space priority, such as a trail or greenway. Credit may be granted for other areas of a golf course if the granting of the open space credit for this area will not adversely impact the city's ability lo achieve all of the open space priorities identified for the LFMZ by the OSCRMP. Require that adjustment of the boundaries of any open space area shown on the Land Use Map be allowed only if all of the following criteria are met: Consistency Analysis Program Consistency. This policy is the same as ari existing goal or policy in the Carlsbad General Plan (1994) or a modified version of one or more existing goals. Refer lo Table 1. For further informa~ori, A-81 Consistent/Inconsistent Consistent 8707 May2015 2 ,0 I N A. QC) Policy Number 4-P.7 4-P.8 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Plan Update (2014) Policy Text a) The proposed open space area is equal to or greater than the area depicted on the Land Use Map; and b) The proposed open space area is of environmental quality equal to or greater than that depicted on the Land Use Map; and c) The proposed open space area is contiguous or within close proximity to open space shown on the Land Use Map. The City Council may also adjust the boundary of any open space area shown on the Land Use Map if it finds that the adjustment is necessary to mitigate a sensitive environmental area that is impacted by development, provided the open space boundary modification preserves open space at a 2 to 1 ratio (proposed acreage to existing acreage) and is within close proximity to the original area of open space. Additionally, the City Council may exempt public rights-of-way from the open space boundary adjustment requirements. However, environmental analysis shall be performed for all proposed public right-of-way improvements, and if determined that there are significant adverse impacts to the value of the open space system, those impacts shall be mitigated. The adjustment of open space boundaries shall not result in the exchange of environmentally constrained lands that are designated open space on the Land Use Map for lands that are not environmentally constrained. Maintain an inventory of all open space lands, including sites designated as open space on the Land Use Map, sites dedicated in fee title or easement as open space, and school recreation areas. Maintain and implement the city's Habitat Management Plan (HMP), including the requirement that all development projects comply with the HMP and related documents. Require assessments of biological resources prior to approval of any development on sites with sensitive habitat, as depicted in Figure 4-3. Consistency Ahalysis refer to Specific Plan Chapter 1.0, Introduction. This policy is the same as an existing goal or policy in the Carlsbad General Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. For further Information, refer to Specific Plan Figure 3.0-1 Conceptual Land Use. This policy is the same as an existing goal or pollcy in the Carlsbad General Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. For further information, refer to Specific Plan Chapter 3.3.1, HMP-OS Land Use Designations, and Chapter 3.5.1 HMP-OS Development Standards. A-82 Consistent/Inconsistent Consistent Consistent 8707 May 2015 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Plan Update (2014) Policy Number Policy Text Consistency Analysis 4-P.9 Consider working with private foundations and organizations or This policy Is the same as an existing goal or policy in the designating a conservancy agency to be responsible for Carlsbad General Plan (1994) or a modified version of one or protection, maintenance, monitoring and liability of open space more existing goals. Refer lo Table 1. lands. 4-P.10 Ensure that the improvements recommended for open space This policy is the same as an existing goal or policy in the areas are appropriate for the type of open space and the use Carlsbad General Plan (1994) or a modified version of one or proposed. No improvements (excluding necessary infrastructure) more existing goals. Refer to Table 1. For further information, shall be made in environmentally sensitive areas, except to refer to Specific Plan Table 3.0-2 and Table 3.0-3 for permitted enhance the environmental value of the areas. land uses within sensitive habitat. 4-P.11 Continue participation in regional planning efforts to protect This policy is the same as an existing goal or policy in the habitat and environmentally sensitive species. Carlsbad General Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. The Specific Plan is consistent because implementation of EPFs designed lo protect environmentally sensitive species have been required by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. 4-P.12 Support innovative site design techniques such as cluster-type This policy is the same as an existing goal or policy in the housing and transfer-of-development-rights to preserve sensiUve Carlsbad General Plan (1994) or a modified version of one or environmental resources and to allow development projects to more existing goals. Refer to Table 1. The Specific Plan is comply with the city's Habitat Management Plan. consistent because implementation of EPFs designed to protect environmentally sensitive species have been required by the Specific Plan's EPFs. For information regardirig the EPFs, refer to Appendix B, Erivironmental Protection Features. 4-P.13 Assure that development or grading on hillsides (if allowed) This policy is the same as an existing goal or policy in the relates to the slope of the land in order to preserve the iritegrity Carlsbad General Plan (1994) or a modified version of one or and appearance of natural hillsides and other landforms more existing goals. Refer to Table 1. The Specific Plari is wherever possible. consistent because implementation of EPFs designed to protect environmentally natural resources have been required by the Specific Plan's EPFs. For information regarding the EPFs, refer lo Appendix B, Environmental Protection Features. 4-P.14 Maintain functiorial wildlife corridors and habitat linkage in order This policy is the same as an existing goal or policy in the to contribute to regional biodiversity and the viability of rare, Carlsbad General Plan (1994) or a modified version of one or unique or sensitive biological resources throughout the city. more existing goals. Refer to Table 1. The Specific Plan is consistent because implementation of EPFs designed to protect A-83 Consistent/Inconsistent Consistent Consistent Consistent Consistent Consistent Corisistent 8707 May 2015 ,0 I N U1 = Policy Number 4-P.15 4-P.16 4-P.17 4-P.18 4-P.19 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Plan Update (2014) Policy Text Consistency Analysis and restore habitat linkages and regional biodiversity have been required by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Coordinate the implementation and planning of the city's Habitat This policy is the same as an existing goal or policy in the Management Plan witl1 the North County Multi-Species Habitat Carlsbad General Plan (1994) or a modified version of one or Conservation Plan. more existing goals. Refer to Table 1. Partner with other governmental agencies, private land owners This policy is the same as an existing goal or policy In the and non-profit organizations, and utilize grants, bonds and otner Carlsbad General Plan (1994) or a modified version of one or funding sources when ii is necessary to acquire open space more existing goals. Refer to Table 1. For further information see land. Specific Plan Chapter 1.0, Introduction, and Chapter 6.0 Implementation. Require that, at the time of any discretionary approval, any land This policy Is the same as an existing goal or policy in the identified as open space for its habitat or scenic value shall have Carlsbad General Plan (1994) or a modified version of one or an appropriate easement and/or land use and zoning more existing goals. Refer to Table 1. For further information see designation placed on it for resource protection. Specific Plan Chapter 1.0, Introduction, and Chapter 6.0 Implementation. Require a city permit for any grading, grubbing, or clearing of This policy is the same as an existing goal or policy In the vegetation in undeveloped areas, with appropriate penalties for Carlsbad General Plan (1994) or a modified version of one or violations. more existing goals. Refer to Table 1. For further information see Specific Plan Chapter 1.5.6. Develop, implement and periodically update a Parks and Specific Plan area would not result in increased use of existing Recreation Needs Assessment and Comprehensive Action Plan neighborhood and regional parks, due to the Specific Plan area that identifies appropriate programming for the city's parklands, providing for an increase in public recreational area within the prioritizes future parkland development, reflects the needs of City. The Specific Plan area would potentially extend the life of residents at the neighborhood and citywide level and of an existing parks by the availability of amenities that the Specific increasingly diverse and aging population, and in concert with Plan has to offer. Existing, planned, and available parkland is the citywide trails program, creates new linkages to anticipated lo accommodate tne City witnout resulting in neighborhoods. deterioration of facilities. The Specific Plan is in conformance with the Parks and Recreation Needs Assessment and Comprehensive AcUon Plan, and provides low-impact recreational facilities appropriate for all ages. For further information see Specific Plan Chapter 1.0, lntroducUon, and Chapter 6.0 Implementation. A-84 Consistent/Inconsistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 0 I N !Jl - Policy Number 4-P.20 4-P.21 4-P.22 4-P.23 4-P.24 4-P.28 4-P.29 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Piao Update (2014) Policy Text Consistency Analysis Acquire and develop park areas in accordance with the Growth This policy is the same as an existing goal or policy in the Management Plan park standard of 3.0 acres of community park Carlsbad General Plan (1994) or a modified version of one or or special use area per 1,000 residents within each of the four more existing goals. Refer to Table 1. city quadrants. Park acreage requirements shall be determined on a quadrant basis. Maintain appropriate recreational standards for employment This policy is the same as an existing goal or policy in the areas. Carlsbad General Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. Utilize the provisions of the Quimby Act, Growth Management This policy is the same as an existing goal or policy in the Plan and Planned Community Zone lo ensure the timely Carlsbad General Plan (1994) or a modified version of one or construction of parks so that they are provided concurrent with more existing goals. Refer to Table 1 need. Prefer in-lieu fees to dedication of parkland, unless sites offered For further information, refer to Specific Plan Chapter 6.2, for dedication provide features and accessibility similar in Financing and Maintenance of Public Improvements. comparison. Consider accessibility, housing density, proximity to schools, This policy is the same as an existing goal or policy in the general public access, local resident access, adjacent residential Carlsbad General Plan (1994) or a modified version of one or area traffic impacts, safe pedestrian access, and compatible use more existing goals. Refer to Table 1. For further information, with the surrounding environment when determining park refer to Specific Plan Chapter 5.1 , Mobility. locations. Wherever possible, park sites should be localed near schools or natural areas. Require that any development of recreational facilities on public The proposed Specific Plan is consistent based on the analysis land by developers, service clubs, civic groups, individual donors provided within Table 1 and P-2. or organizations be consistent with the goals and policies of this element. Consider the following during the developmenVre-development This policy is the same as an existing goal or policy in the of parkland: expanding minimum buffers around sensitive Carlsbad General Plan (1994) or a modified version of one or resources; utilizing natural plant species in park projects; more existing goals. Refer to Table 1. For further information, incorporating plant species that provide food such as seeds, nuts refer to Specific Plan Chapter 3.5 Development Standards. and berries for wildlife and bird species; protecting and buffering drinking water sources such as small ponds and weUand areas; and limiting turf grass use to recreational areas. Use the Carlsbad Landscape Manual in landscape refurbishment and A-85 Consistent/Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May2015 ,0 I N Ul N Policy Number 4-P.30 4-P.31 4-P.32 4-P.33 4-P.34 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General PJan Update (2014) Policy Text Consistency Analysis new park development projects. Design parks to protect public safety by ensuring adequate This policy Is the same as an existing goal or policy in the lighting, signage, and maintenance. Carlsbad General Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. For further information, refer to Specific Plan Chapter 3.5 Development Standards. Where appropriate, designate as open space those areas that This policy is the same as an existing goal in the Carlsbad preserve historic, cultural, archeological, paleontological and General Plan (1994) or a modified version of one or more existing educational resources. goals. Refer to Table 1. The Specific Plan is consistent because implementation of EPFs designed to protect historic, cultural, archeological, and paleontological resources have been required by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Seek to preserve the environmental integrity, ecology, and This policy is the same as an existing goal or policy in the character of special resource areas. Carlsbad General Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. The Specific Plan is consistent because implementation of EPFs designed to protect environmentally natural resources have been required by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Promote expansion of recreational and educational use This policy is the same as an existing goal or policy in the opportunities in areas of significant ecological value, such as Carlsbad General Plan (1994) or a modified version of one or lagoons, where discretionary use of the resource allows. more existing goals. Refer to Table 1. The Specific Plan is Consider partnering with private foundations for the conservation consistent because implementation of EPFs designed to protect of such lands and the development of educational programming. historic, cultural, archeological, and paleontological resources • Combine historically significant sites with recreational have been required by the Specific Plan's EPFs. For information learning opportunities, where possible. regarding the EPFs, refer to Appendix B, Environmental • Utilize community parks in support of historical and cultural Protection Features. programs and facilifies when feasible and appropriate. • Coordinate the efforts of the Historic Preservation Commission on the siting and care of historic ruins within parks. Seek funding opportunities from stale, federal, and local This policy is the same as an existing goal or policy in the agencies to provide additional access points or improve the Carlsbad General Plan (1994) or a modified version of one or A-86 Consistent/Inconsistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Plan Update (2014) Policy Number Policy Text Consistency Analysis recreational and educational potential of the city's three lagoons more existing goals. Refer to Table 1. For further information, and other special resource areas. refer to Specific Plan Chapter 1.0, Introduction and Chapter 6.2 , FinancinQ and Maintenance of Public Improvements. 4-P.35 Assure that, where feasible, developments near or adjacent to This policy is the same as an existing goal or policy in the bodies of water provide open space that has public access to Carlsbad General Plan (1994) or a modified version of one or and views of the water. more existing goals. Refer to Table 1. For further information, refer to Specific Plan Chapter 1.0, Introduction. 4-P.36 Explore ways lo increase access to the beach and lagoons from The Specific Plan would provide safe, pedestrian-friendly the city's eastern neighborhoods. walkways and trails to destinations, gathering places, picnic areas, vistas, and recreation amenities near the lagoon for a variety of Carlsbad residents and visitors. For further information, refer to Specific Plan Chapter 1.0, Introduction. 4-P.39 Prepare a comprehensive Trails Master Plan update, that Trails throughout the open space area would be connected to expands the existing and planned 61-mile trail system, with the internal pathways and trails that are within and surround the following objectives: Visitor-Sel'\ling Commercial area. Providing access to places of • Connectivity between off-road trails and major on-road employment, viewports and open space. For further information, pedestrian and bicycle routes, such that future refer to Specific Plan Chapter 1.0, Introduction. improvements in the trail system also contribute to linkages between important sites (beaches, lagoons, schools, commercial centers, master planned communities, and others) • Design and designate trails as multi-use to be accessible for all user groups, including walkers, bicyclists, and equestrians (as land use policy allows). Ensure that the network provides an appropriate amount of resources for each trail type or user group • Greenway and trail linkages from major recreational/open space areas to other land use areas or activities, including, but not limited lo, residential neighborhoods, places of employment, parks, schools, libraries, and viewpoints • Linkages/multi-use trails connecting businesses and residential neighborhoods to the beaches 4-P.40 Participate with other north county communities to establish an This policy is the same as an existing goal or policy in the intercommunity open space linkage proQram and reQional trail Carlsbad General Plan (1994) or a modified version of one or A-87 co·nsistent/lnconsistent Consistent Consistent Consistent Consistent 8707 May 2015 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Plan Update (2014) Policy Number PollcyText Consistency Analysis network. more existing goals. Refer to Table 1. 4-P.41 Locate multi-use trails and associated amenities and passive This policy is the same as an existing goal or policy in the recreational features to minimize impacts lo sensitive habitats Carlsbad General Plan (1994) or a modified version of one or and other sensitive surrounding land uses, such as residences. more existing goals. Refer to Table 1. For further information, refer to Specific Plan Chapter 1.0, Introduction. 4-P.42 Obtain an irrevocable offer to dedicate or a permanent easement This policy is the same as an existing goal or policy in the for multi-use trails on privately owned property where feasible, Carlsbad General Plan (1994) or a modified version of one or and where trails are proposed as part of the Carlsbad trail more existing goals. Refer to Table 1. For further information, system. refer to Specific Plan Chapter 6.0, Implementation. 4-P.43 Allow and encourage farming operations in the Cannon Road This policy is the same as an existing goal or policy in the Open Space, Farming, and Public Use Zone (such as the Carlsbad General Plan (1994) or a modified version of one or strawberry fields) as long as they are economically viable for the more existing goals. Refer to Table 1. For further information, landowner. refer to Specific Plan Chapter 1.0, Introduction. 4-P.44 Ensure the existing Flower Fields remain a farming and flower This policy is the same as an existing goal or policy in the production use by utilizing all available methods and programs, Carlsb(:ld General Plan (1994) or a modified version of one or including grants and other outside financial assistance. more existing goals. Refer to Table 1. 4-P.45 Utilize available methods and resources to reduce the financial This policy is the same as an existing goal or policy in the burdens on agricultural land , not only to prevent premature Carlsbad General Plan (1994) or a modified version of one or development, but also to encourage its continued use for more existing goals. Refer to Table 1. For further information, agricultural purposes. refer to Specific Plan Section 6.2, Financing and Maintenance of Public Improvements. 4-P.46 Ensure new development adjacent to an agricultural use is This policy is the same as an existing goal or policy in the sensitive to the continuation of the agricultural use by requiring Carlsbad General Plan (1994) or a modified version of one or appropriate design criteria, such as site layout, use of vegetation more existing goals. Refer lo Table 1. For further information, and buffers. refer to Specific Plan Chapter 3.5 Development Standards. 4-P.47 Encourage soil and water conservation techniques in agricultural This policy is the same as an existing goal or policy in the activities. Carlsbad General Plan (1994) or a modified version of one or more existing goals. Refer lo Table 1. 4-P.48 Ensure that the grading of agricultural lands is accomplished in a This policy is the same as an existing goal or policy in the manner that minimizes erosion of hillsides and minimizes stream Carlsbad General Plan (1994) or a modified version of one or siltation and to maintain the appearance of natural hillsides and more existing goals. Refer to Table 1. For further information, other land forms wherever possible. refer to Specific Plan Chapter 3.5 Development Standards. 4-P.49 Prevent agricultural run-off and other forms of water pollution This policy is the same as an existing goal or policy in the A-88 Consistent/Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 ,0 I N Ul Ul Policy Number 4-P.50 4-P.51 4-P.53 4-P.54 4-P.55 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Plan Update (2014) Policy Text Consistency Analysis from entering the storm drain system and polluting the city's Carlsbad General Plan (1994) or a modified version of one or water bodies. more existing goals. Refer to Table 1. The Specific Plan is consistent because water quality protection features have been required by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Prior to the approval of new development within an existing or This policy is the same as an existing goal or policy in the former agricultural area in Carlsbad, require a detailed soils Carlsbad General Plan (1994) or a modified version of one or testing and analysis report be prepared by a registered soils more existing goals. Refer to Table 1. The Specific Plan is engineer and submitted to the city and the county health consistent because hazardous soils tests have been conducted department for review and approval. This report shall evaluate and soil/geotechnical evaluations have been required by the the potential for soil contamination due to historic use, handling, Specific Plan's EPFs. For information regarding the EPFs, refer to or storage of agricultural chemicals restricted by the San Diego Appendix B, Environmental Protection Features. Courity Departmerit of Health Services. If hazardous chemicals are detected at concentrations In the soil that would have a significantly adverse effect on human health, the report shall identify a range of possible mitigation measures lo remediate the significant public health impacts. Participate in the implementation of transportation demand The Specific Plan is consistent because TOM measures and management programs on a regional basis. adaptive signal technology have been required by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Provide, whenever possible, Incentives for carpooling, Hex-time, The Specific Plan is consistent because TOM measures shortened work weeks, and telecommunications and other minimizing reliance on single-occupant automotive travel have means of reducing vehicular miles traveled . been required by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protec~on Features and Specific Plan Chapter 5.1, Mobility. Cooperate with the ongoing efforts of the U.S. Environmental The Specific Plan is consistent because implementation of air Protection agency, the San Diego Air Pollution Control District, quality EPFs designed to support and/or enhance air quality have and the State of California Air Resources Board in improving air been required by the Specific Plan's EPFs. For information quality in the regional air basin. regarding the EPFs, refer to Appendix B, Environmental Protection Features. Ensure that construction and grading projects minimize short-This policy is the same as an exisbng goal or policy in the term impacts to air quality. Carlsbad General Plan (1994) or a modified version of one or A-89 Consistent/Inconsistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 Policy Number iO I 4-P.56 N Ul O'\ 4-P.57 4-P.58 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Plan Update (2014) P-olicy Text Consistency Analysis a) Require grading projects to provide a storm water more existing goals. Refer to Table 1. The Specific Plan is pollution prevention plan (SWPPP) in compliance consistent because implementation of air quality EPFs designed with city requirements, which include standards for to support and/or enhance air quality have been required by the best management practices that control pollutants Specific Plan's EPFs. For information regarding the EPFs, refer to from dust generated by construction activities and Appendix B, Environmental Protection Features. those related to vehicle and equipment deaning, fueling and maintenance; b) Require grading projects to undertake measures to minimize mono-nitrogen oxides (NOx) emissions from vehicle and equipment operations; and c) Monitor all construction to ensure that proper steps are implemented. Work with the stakeholders in the community and region, such The Specific Plan is part of a Specific Plan Initiative process that as but not limited to the San Diego Regional Water Quality will be adopted either directly or by vote at an election. Control Board (RWQCB), California Fish and Wildlife, U.S. Fish Opportunities for community input will occur in conjunction with and Wildlife, Coastal Commission, Army Corps of Engineers, the Specific Plan Initiative process: and, for that reason, the Environmental Protection Agency, neighboring cities, counties, Specific Plan is consistent with this policy. businesses, residents, and non-profit groups, to comply with applicable federal , state and local regulations related to water In addition, as part of the Specific Plan, Chapter 6.4, Specific quality in our region, consistent with the city's current NPDES Plan Procedures and Process, all post-Specific Plan plans, Municipal Storm Water Permit issued by the RWQCB or other drawings, specifications, and objective requirements will be related regulations. Prepare and implement any applicable plans available for review by the City and other interested public such as a Water Quality Improvement Pian, Integrated Regional agencies. Water Management Pian, Load Reduction Plan or others as needed to comply with applicable regulations. Require developments to incorporate structural and non-struc-This policy is the same as an existing goal or policy in the tural best management practices (BMPs) lo mitigate or reduce Carlsbad General Plan (1994) or a modified version of one or the projected increases in pollutant loads. Do not allow post-more existing goals. Refer to Table 1. The Specific Plan is development runoff from a site that would cause or contribute to consistent because implementation of structural and non- an exceedance of receiving water quality objectives or has not structural BMPs, and water quality objectives have been required been reduced to the maximum extent practicable. by the Specific Plan's EPFs . For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Implement water pollution prevention methods lo the maximum This policy is the same as an existing goal or policy in the extent practicable, supplemented by pollutant source controls Carlsbad General Plan (1994) or a modified version of one or A-90 Consistent/Inconsistent Consistent Consistent Consistent 8707 May 2015 ,0 I N VI ....J Policy Number 4-P.59 4-P.61 4-P.62 4-P.63 4-P.64 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Plan Update (2014) Policy Text Consistency Analysis and treatment. Use small collection strategies located at, or as more existing goals. Refer to Table 1. The Specific Plan is close as possible to, the source (i.e., the point where water consistent because all water pollution prevention methods have initially meets the ground or source of potential pollution) to been required by the Specific Plan's EPFs. For information minimize the transport of urban runoff and pollutants offsite and regarding the EPFs, refer to Appendix B, Environmental into a municipal separate storm sewer system (MS4). Protection Features. Make any necessary structural control changes to the storm This policy is the same as an existing goal or policy in the water conveyance system to remove or reduce storm water Carlsbad General Plan (1994) or a modified version of one or pollutant levels. more existing goals. Refer to Table 1. Continue to implement a program to detect and eliminate illicit This policy is the same as an existing goal or policy in the connections to storm drains and illegal discharges of non-storm Carlsbad General Plan (1994) or a modified version of one or water wastes into storm water conveyance systems. more existing goals. Refer to Table 1.The Specific Plan is consistent because adequate storm drain connections and water conveyance systems have been required by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Continue to implement a program for the testing and monitoring This policy is the same as an existing goal or policy in the of storm water and/or non-storm water flows consistent with the Carlsbad General Plan (1994) or a modified version of one or city's NPDES Municipal Storm Water Permit issued by the more existing goals. Refer to Table 1. The Specific Plan is RWQCB or other related regulations. consistent because all storm water effects have been required by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Preserve, where possible, natural watercourses or provide This policy is the same as an existing goal or policy in the naturalized drainage channels within the city. Where feasible, Carlsbad General Plan (1994) or a modified version of one or implement restoration and rehabilitation opportunities more existing goals. Refer to Table 1. The Specific Plan is consistent because protection of natural water courses, as well as restoration and rehabilitation opportunities have been required by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Coordinate the needs of stonm water pollution management with This policy is the same as an existing goal or policy in the habitat management. flood management, capital improvement Carlsbad General Plan (1994) or a modified version of one or projects, development, aesthetics and other open space needs. more existing goals. Refer to Table 1. The Specific Plan is consistent because stonm water pollution prevention measures have been required by the Specific Plan's EPFs. For information A-91 Consistent/Inconsistent Consistent Consistent Consistent Consistent Consistent 8707 May 201 5 0 I N UI 00 Polley Number 5-G.1 5-G.2 5-G.5 5-P.1 5-P.3 APPENDIX A (Continued) Table 2 p cific Plan Con tenc , ith the Draft General Plan pdat (2014 Polley Text Consistency Analysis regarding the EPFs, refer to Appendix B, Environmental Protection Features. Noise Element Noise Goals Protect public health and welfare by eliminating existing noise This goal is the same as an existing goal In the Carlsbad General problems where feasible, maintaining an acceptable Indoor and Plan (1994) or a modified version of one or more existing goals. outdoor acoustic environment, and preventing significant Refer to Table 1. The Specific Plan Is consistent because noise degradation of the acoustic environment. effects have been avoided or substantially reduced by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Ensure that new development Is compatible with the noise This goal is the same as an existing goal in the Carlsbad General environment, by continuing to use potential noise exposure as a Plan (1994) or a modified version of one or more existing goals. criterion in land use planning. Refer to Table 1 .. The Specific Plan is consistent because noise effects have been avoided or substantially reduced by the Specific Plan's EPFs. For lnfonnalion regarding the EPFs. refer to Appendix B, Environmental Protection Features. Foster healthy and productive work environments that do not This goal is the same as an existing goal in the Carlsbad General cause hearing damage or other adverse noise related hea.lth Plan (1994) or a modified version of one or more existing goals. impacts to workers in Carlsbad. Refer to Table 1 .. The Specific Plan is consistent because noise effects have been avoided or substantially reduced by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Noise Policies Acceptability of Use Location. Use the noise and land use This policy is the same as an existing goal or policy in the compatibility matrix (Table 5-1) and Future Noise Contours map Carlsbad General Plan (1994) or a modified version of one or (Figure 5-3) as criteria to determine acceptability of a land use, more existing goals. Refer to Table 1 .. The Specific Plan is including the improvement/construction of streets, railroads, consiste nt because noise effects have been avoided or freeways and highways. Do not permit new noise-sensitive substantially reduced by the Specific Plan's EPFs. For information uses-including schools, hospitals, places of worship, and regarding the EPFs, refer to Appendix B, Environmental homes-where noise levels are 'normally unacceptable" or Protection Features. higher, if alternative locations are available for the uses in the city. Noise-Attenuation. For all projects that require discretionary This policy is the same as an existing goal or policy in the A-92 Consistent/Inconsistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 ,0 I N Ul \0 Policy Number 5-P.4 5-P.5 5-P.6 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Piao Update (2014) Policy Text review and have noise exposure levels that exceed the standards In Table 5-1, require site planning and architecture to incorporate noise-attenuating features. With mitigation, development should meet the allowqble outdoor and indoor noise exposure standards in Table 5-2. When a building's openings to the exterior are required to be dosed to meet the Interior noise standard, then mechanical ventilation shall be provided. Exterior Noise Levels Exceeding Acceptable Level. If the noise analysis shows that exterior noise levels cannot be mitigated to an acceptable level as identified in Table 5-2, the development should not be approved without one or more of the following findings: a. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the noise. b. Changes or alterations to avoid or substantially lessen noise are within the responsibility and jurisdiction of another public agency and not the City of Carlsbad. Such changes have been adopted by such other agency or can and should be adopted by such other agency. c. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives to avoid or substantially lessen noise. If a project is approved with exterior noise levels exceeding the acceptable noise level, all purchasers of the impacted property shall be notified in writing prior to purchase, and by deed disclo- sure in writing, that the property they are purchasing is, or will be, impacted by noise and does not meet City of Carlsbad noise standards for residential property. Noise Generation. As part of development project approval. require that noise generated by a project does not exceed standards established in Table 5-3. Berms and Sound Walls. Discourage the use of berms and Consistency Analysis Carlsbad General Plan (1994) or a modified version of one or more existing goals. Refer to Table 1 .. The Specific Plan is consistent because noise effects have been avoided or substantially reduced by the Spedfic Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. This policy is the same as an existing goal or policy in the Carlsbad General Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. . The Specific Plan is consistent because noise effects have been avoided or substantially reduced by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. The Specific Plan is consistent because noise effects have been avoided or substantially reduced by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. This policy is the same as an existing goal or policy in the A-93 Consistent/Inconsistent Consistent Consistent Consistent 8707 May 2015 ,0 I N 0', 0 Polley Number 5-P.18 6-G.1 6-G.2 6-G.3 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Plan Update (2014) Polley Text Consistency Analysis sound walls for noise mitigation; rather, encourage the use of Carlsbad General Plan (1994) or a modified version of one or project design techniques such as increasing the distance more existing goals. Refer to Table 1. . The Specific Plan is between the noise source and the noise sensitive receiver and consistent because noise effects have been avoided or use non-noise sensitive structures (e.g., a garage) to shield substantially reduced by the Specific Plan's EPFs. For information noise sensitive areas. If a berm or wall is determined necessary regarding the EPFs, refer lo Appendix B, Environmental to mitigate noise, discourage exclusive use of walls in excess of Protection Features. six feet in height and encourage use of natural barriers such as site topography or constructed earthen berms. When walls are determined to be the only feasible solution to noise mitigation, then the walls shall be designed to limit aesthetic impacts. When walls over six feel in height are necessary to mitigate noise, a berm/wall combination with heavy landscaping, a terraced wall heavily landscaped, or other similar innovative wall design technique shall be used to minimize visual impacts. Promote that all persons responsible for operation of noise-This policy is the same as an existing goat or policy in the producing equipment or processes, exercise reasonable care to Carlsbad General Plan (1994) or a modified version of one or minimize casual noise exposure to unprotected workers or more existing goals. Refer to Table 1 .. The Specific Plan is passers-by to reduce risk of hearing damage. consistent because noise effects have been avoided or substantially reduced by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Public Safety Element Public Safetv Goals Minimize injury, loss of life, and damage to property resulting The Specific Plan is consistent because potential damage due to from fire, flood, hazardous material release, or seismic disasters. fire, flood, hazardous material release, or seismic disasters have been avoided or substantially reduced by the EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Minimize safety hazards related to aircraft operations in areas This policy is the same as an existing goal or policy in the around the McClellan-Palomar Airport. Carlsbad General Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. Maintain safety services that are responsive to citizens' needs lo The Specific P!an is consistent because impacts to safety ensure a safe and secure environment for people and property in services (fire and police) have been avoided or substantially the community. reduced by the EPFs. For information regarding the EPFs, refer to A-94 Consistent/Inconsistent Consistent Consistent Consistent Consistent 8707 May 2015 iO I N <:t', - Policy Number 6-P.1 6-P.2 6-P.3 6-P.4 6-P.5 6-P.6 6-P.8 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Plan Update (2014) Policy Text Consistency Analysis Appendix B, Environmental Protection Features. Public Safety Policies Enforce the Cobey-Alquist Floodplain Management Act and the The Specific Plan is consistent because potential flood and city's Floodplain Management Regulations to prohibit erosional hazards have been avoided or substantially reduced by construction of structures in a designated floodway where such the Specific Plan's EPFs. For information regarding the EPFs, development would endanger life or significantly restrict the refer to Appendix B, Environmental Protection Features. carrying capacity of the designated floodway; and to regulate development within other areas of special flood hazard, flood related erosion hazard and mudslide hazard to ensure such development does not adversely affect public health and safety due to water and erosion hazards, or result in damaging increases in erosion, flood height or velocities. Continue to implement and pursue Hood control programs that reduce flood hazards, such as the city's Grading Ordinance and the Floodplain Management Regulations. Cooperate and coordinate with federal, state and local jurisdictions, and agencies involved in the mitigation of flood hazards from dam inundation, tsunamis, sea level rise, and major flood events. Require all proposed drainage facilities to comply with the city's Standard Design Criteria to ensure they are properly sized to handle 100-year flood conditions. Require installation of protective structures or other design measures to protect proposed building and development sites from the effects of flooding. Enforce the requirements of Titles 18, 20, and 21 pertaining to drainage and Hood control when reviewing applications for building permits and subdivisions. Comply with Federal Emergency Management Agency (FEMA) The Specific Plan is consistent because potential flood hazards have been avoided or substantially reduced by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. The Specific Plan is consistent because potential Hood hazards have been avoided or substantially reduced by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. The Specific Plan is consistent because potential flood hazards have been avoided or substantially reduced by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. The Specific Plan is consistent because potential flood hazards have been avoided or substantially reduced by the Specific Plan's EPFs. For information regarding the EPFs, refer lo Appendix B, Environmental Protection Features. The Specific Plan is consistent because measures for drainage and fiood control have been included by EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. The Specific Plan is consistent because potential flood hazards A-95 Consistent/Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 ,0 I N 0-.. N Policy Number 6-P.9 6-P.10 6-P.11 6-P.12 6-P.13 6-P.14 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Plan Update (2014) Policy Text Consistency Analysis requirements to idenUfy flood hazard areas and control have been avoided or substantiaHy reduced by the Specific Plan's development within these areas in order for residents to qualify EPFs. For information regarding the EPFs, refer to Appendix B, for federal flood insurance. Cooperate with FEMA on shoreline Environmental Protection Features. flooding hazards and other mapping efforts. Allow for consideration of seismic and geologic hazards al the The Specific Plan is consistent because seismic and geologic earliest possible point in the development process, preferably hazards have been avoided or substantially reduced by the EPFs. before comprehensive engineering work has commenced. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Maintain geotechnical report guidelines identifying specific The Specific Plan is consistent because seismic and geologic requirements for various levels of geotechnical evaluation, hazards have been avoided or substantially reduced by the EPFs. including reconnaissance studies, preliminary geotechnical For information regarding the EPFs, refer to Appendix B, investigation reports, and as-graded geotechnical reports. Environmental Protection Features. Use information in Figure 6-4 as a generalized guideline for The Specific Plan is consistent because seismic and geologic planning purposes and in determining the type and extent of hazards have been avoided or substantially reduced by the EPFs. geo-technical report to be required for a proposed development For information regarding the EPFs, refer to Appendix B, project. When a geotechnical report is required, require Environmental Protection Features. submission of the report and demonstration that a project conforms to all mitigation measures recommended in the report prior to city approval of the proposed development. Require a geolechnical investigation and report of all sites The Specific Plan is consistent because seismic and geologic proposed for development in areas where geologic conditions or hazards have been avoided or substantially reduced by the EPFs. soil types are susceptible to liquefaction. Also require For information regarding the EPFs, refer to Appendix B, demonstration that a project conforms to all mitigation measures Environmental Protection Features. recommended in the geotechnical report prior to city approval of the proposed development (as required by state law). Prohibit location of critical structures directly across known earth-The Specific Plan is consistent because seismic and geologic quake faults unless a geotechnical and/or seismic investigation hazards have been avoided or substantially reduced by the EPFs. is performed to show that the earthquake fault is neither active For information regarding the EPFs, refer to Appendix B, nor potentially active. Environmental Protection Features. Require applicants to conduct detailed geologic and seismic The Specific Plan is consistent because seismic and geologic investigations at sites where the construction of critical structures hazards have been avoided or substantially reduced by the EPFs. (high-occupancy structures and those that must remain in For information regarding the EPFs, refer lo Appendix B, operation during emergencies) and structures over four stories A-96 Consistent/Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 ,0 I N ~ Policy Number 6-P.15 6-P.16 6-P.1 7 6-P.18 6-P.19 6-P.20 6-P.21 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Plan Update (2014) Policy Text Consistency Analysis are under consideration. Environmental Protection Features. In accordance with the California Subdivision Map Act, deny The Specific Plan is consistent because seismic and geologic subdivision maps if a project site is not physically suitable for hazards have been avoided or substantially reduced by the EPFs. either the type or density of a proposed development because of For information regarding the EPFs, refer lo Appendix B, geologic, seismic, or other hazards. Environmental Protection Features. Require qualified geotechnical engineering professionals to The Specific Plan is consistent because seismic and geologic review grading plans and inspect areas of excavation during and hazards have been avoided or substantially reduced by the EPFs. after grading, to evaluate slope stability and other geotechnical For information regarding the EPFs, refer to Appendix B, conditions that may affect site development and public safety. In Environmental Protection Features. areas of known or suspected landslides and/or adverse geologic conditions, the following determinations should be made: extent of landslide, depth-to-slide plane, soil types and strengths, presence of clay seams and ground waler conditions. Continue to regulate development, including remodeling or The Specific Plan is consistent because seismic and geologic structural rehabilitation, to ensure adequate mitigation of safety hazards have been avoided or substantially reduced by the EPFs. hazards on sites having a history or threat of seismic dangers, For information regarding the EPFs, refer to Appendix 8, erosion, subsidence, or fiooding. Environmental Protection Features. Ensure that development in the McClellan-Palomar Airport This goal is the same as an existing goal or policy in the Carlsbad Influence Area is consistent with the land use compatibility General Plan (1994) or a modified version of one or more existing policies contained in the McClellan-Palomar Airport Land Use goals. Refer lo Table 1. Compatibility Plan. Limit hazards associated with the manufacture, use, transfer, The Specific Plan is consistent because potential impacts storage and disposal of hazardous materials and hazardous associated with the use, transfer, storage, and disposal of wastes through enforcement of applicable local, county, stale hazardous materials have been avoided or substantially reduced and federal regulations. by the EPFs. For information regarding the EPFs, refer to Appendix 8, Environmental Protection Features. Coordinate with the County of San Diego and use the San Diego The Specific Plan is consistent because potential impacts County Multi-Jurisdictional Hazard Mitigation Plan as a guide for associated with the use, transfer, storage, and disposal of implementing actions to reduce hazardous waste impacts. hazardous materials have been avoided or substantially reduced by the EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Regulate locations for the manufacture, storage, and use of The Specific Plan is consistent because potential impacts hazardous materials within the citv through implementation of associated with the use, transfer, sloraQe, and disposal of A-97 Consistent/Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Plan Update (2014) Polley Number Policy Text Consistency Analysis Carlsbad Municipal Code TiUe 21 (Zoning Ordinance). hazardous materials have been avoided or substantially reduced by the EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. 6-P.22 Regulate development on sites with known contamination of soil The Specific Plan is consistent because potential impacts and groundwater to ensure that construction workers, future associated with the use, transfer, storage, and disposal of occupants, and the environment as a whole, are adequately hazardous materials have been avoided or substantially reduced protected from hazards associated with contamination, and by the EPFs. For information regarding the EPFs, refer to encourage cleanup of such sites. Appendix B, Environmental Protection Features. 6-P.23 Provide for hazardous materials emergency incident responses. The Specific Plan is consistent because potential impacts Coordinate such responses with applicable federal, state and associated with the use, transfer, storage, and disposal of county agencies. hazardous materials have been avoided or substantially reduced by the EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. 6-P.24 Maintain regulations that require proper storage and disposal of The Specific Plan is consistent because potential impacts hazardous materials to reduce the likelihood of leakage, associated with the use, transfer, storage, and disposal of explosions, or fire, and to properly contain potential spills from hazardous materials have been avoided or substantially reduced leaving the site. by the EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. 6-P.26 Support public awareness and participation in household The Specific Plan is consistent because potential impacts hazardous waste management, solid waste, and recycling associated with the use, transfer, storage, and disposal of programs. hazardous materials have been avoided or substantially reduced by the EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. 6-P.27 Maintain adequate Police and Fire Department staff to provide The Specific Plan is consistent because funding mechanisms adequate and timely response to all emergencies. adequate fire department facilities and services have been required by EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. For further information, refer to Specific Plan Chapter 6.2, Financing and Maintenance of Public Improvements, and Chapter 6.3, Growth Management Program Consistency. 6-P.28 Ensure Fire Department facilities and services are provided The Specific Plan is consistent because funding mechanisms consistent with the minimum performance standards of the city's adequate fire departmeni facilities and services have been Growth Management Plan. required by EPFs. For information regarding the EPFs, refer to Aooendix B, Environmental Protection Features. For further A-98 Consistent/lnconsistenl Consistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 ,0 I N "" Ul Policy Number 6-P.29 6-P.30 6-P.31 6-P.32 6-P.33 6-P.34 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Plan Update (2014) Policy Text Consistency Analysis information, refer to Specific Plan Chapter 6.2, Financing and Maintenance of Public Improvements, and Chapter 6.3, Growth Management Program Consistency. Encourage physical planning and community design practices Parking and loading areas shall provide adequate lighting to that deter crime and promote safety. ensure safety and security. Lighting will be used to provide at limited areas such as driveways, parking areas, support facilities, restrooms, and as necessary for safety and security purposes. Planting design strategies will vary according to plant types, sizes, and spacing appropriate for locations within the open space. The planting design will enhance views, conserve water and contribute to safety and security. For further information, refer to Specific Plan Chapter 4.0, Design Guidelines. Maintain close coordination between planned improvements to The Specific Plan is consistent because funding mechanisms the circulation system within the city and the location of fire adequate fire department facilities and services have been stations to assure adequate levels of service and response limes required by EPFs. For information regarding the EPFs, refer to to all areas of the community. Appendix B, Environmental Protection Features. For further information , refer to Specific Plan Chapter 6.2, Financing and Maintenance of Public Improvements, and Chapter 6.3, Growth Management Program Consistency. Consider site constraints in terms of hazards and current levels The Specific Plan is consistent because hazards due to in of emergency service delivery capabilities when making land use adequate levels of service have been avoided or substantially decisions. In areas where population or building densities may reduce by EPFs. For information regarding the EPFs, refer to be inappropriate to the hazards present, take measures to Appendix B, Environmental Protection Features. mitigate the risk of life and property loss. Coordinate the delivery of fire protection services through mutual The Specific Plan is consistent because hazards due to in aid agreements with other agencies when appropriate. adequate levels of service have been avoided or substantially reduce by EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Enforce the Uniform Building and Fire codes, adopted by the The Specific Plan is consistent because Uniform Building and Fire city, to provide fire protection standards for all existing and codes have been required by EPFs. For information regarding the proposed structures. EPFs, refer to Appendix B, Environmental Protection Features. Promote community awareness of possible natural and man-The Specific Plan is consistent because potential hazards from made hazards, response plans and measures that can be taken natural and/or man-made hazards have been avoided or to protect lives. substantially reduced by EPFs. For information regarding the A-99 Consistent/Inconsistent Consistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 Polley Number 6-P.35 6-P.37 6-P.39 7-G.1 7-G.2 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Plan Update (2014) Policy Text Consistency Analysis EPFs, refer to Appendix B, Environmental Protection Features. When future development is proposed to be intermixed with Removal of native vegetation and development of designated wildlands and/or adjacent to wildlands, require applicants to Open Space, as shown in the Specific Plan, is specifically comply with the city's adopted Landscape Manual, which prohibited, except upon written order of the Carlsbad Fire includes requirements related to fire protection, and calls for Department for fire prevention purposes, or upon written directive preparation of a fire protection plan when a proposed project from the City Planner, based upon a request from the Specific contains or is bounded by hazardous vegetation or is within an Plan applicant accompanied by a report from a qualified area bounded by a very high fire hazard severity zone, or as arborist/botanist indicating the need to remove specified trees determined by the Fire Code official or his representative. and/or plants because of disease. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Promote public awareness of possible natural and man-made The Specific Plan is consis.tent because poten~al hazards from hazards, measures that can be taken to protect lives and natural and/or man-made hazards have been avoided or property, response plans, and evacuation routes. substantially reduced by EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Ensure all new development complies with all applicable The Specific Plan is consistent because measures requiring regulations regarding the provision of public utilities and facilities. compliance with applicable regulations regarding public utilities and facilities have been required by EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Arts, History, Culture and Education Element Ms, History, Culture and Education goals Recognize, protect, preserve, and enhance the city's diverse This goal is the same as an existing goal or policy in the Carlsbad heritage. General Plan (1994) or a modified version of one or more existing goals. Refer to Table 1. The intent of the Specific Plan is to permanently provide for the continuation of coastal agriculture and strawberry farming, consistent with the City's open space and agricultural heritage. For further information, refer to Specific Plan Chapter 1.0, Introduction. Make Carlsbad's history more visible and accessible to residents The intent of the Specific Plan is to permanently provide for the and visitors. continuation of coastal agriculture and strawberry farming, consistent with the City's open space and agricultural heritage. An integrated coastal resources educational program, would provide the entire Carlsbad community with history of the Agua Hedionda Lai:ioon, and surroundini:i open space and ai:iricultural resources. A-100 Consistent/Inconsistent Consistent Consistent Consistent Consistent Consistent 8707 May 2015 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Plan Update (2014) Policy Number Policy Text Consistency Analysis For further information, refer to Specific Plan Chapter 1.0, Introduction. Arts, History, Culture and Education policies 7-P.2 Encourage the use of regional, state and federal programs that This policy is the same as an existing goal or policy in the promote cultural preservation to upgrade and redevelop Carlsbad General Plan (1994) or a modified version of one or properties with historic or cultural value. Consider becoming a more existing goals. Refer to Table 1. The intent of the Specific participant in the Mills Act tax incentive program. Plan is to permanenUy provide for the continuation of coastal agriculture and strawberry farming, consistent with the City's open space and agricultural heritage. For further information, refer to Specific Plan Chapter 1.0, Introduction. 7-P.7 Implement the City of Carl sbad Cultural Resources Guidelines to This policy is the same as an existing goal or policy in the avoid or substantially reduce impacts to archaeological and Carlsbad General Plan (1994) or a modified version of one or paleontological resources. more existing goals. Refer to Table 1. The Specific Plan is consistent because potential impacts to archaeological and paleontological resources have been avoided or substantially reduced by the Specific Plan's EPFs. For information regarding the EPFs, refer lo Appendix B, Environmental Protection Features. 7-P.8 During construction of specific development projects, require This policy is the same as an existing goal or policy in the monitoring of grading, ground-disturbing, and other major earth-Carlsbad General Plan (1994) or a modified version of one or moving activities in previously undisturbed areas or in areas with more existing goals. Refer to Table 1. The Specific Plan is known archaeological or paleontological resources by a qualified consistent because potential impacts to archaeological and professional, as well as a tribal monitor during activities in areas paleontological resources have been avoided or substantially with cultural resources of interest to local Native American tribes. reduced by the Specific Plan's EPFs. For information regarding Both the qualified professional and tribal monitor shall observe the EPFs, refer to Appendix B, Environmental Protection grading, ground-disturbing, and other earth-moving activities. Features. 7-P.9 Ensure that treatment of any cultural resources discovered This policy is the same as an existing goal or policy in the during site grading complies with the City of Carlsbad Cultural Carlsbad General Plan (1994) or a modified version of one or Resource Guidelines. Determination of the significance of the more existing goals. Refer to Table 1. The Specific Plan is cultural resource(s) and development and implementation of any consistent because potential impacts to archaeological and data recovery program shall be conducted in consultation with paleontological resources, including the discovery of human interested Native American tribes. All Native American human remains, have been avoided or substantially reduced by the remains and associated grave goods shall be returned to their Specific Plan's EPFs. For information regarding the EPFs, refer to most likely descendent and repatriated. The final disposition of Appendix B, Environmental Protection Features. A-101 Consistent/Inconsistent Consistent Consistent Consistent Consistent 8707 May 2015 .0 I N 0'\ 00 Policy Number 7-P.10 8-G.1 8-G.2 8-G.3 8-G.4 8-G.6 8-P.3 APPENDIX A (Continued) TabJe 2 Specific PJan Consistency with the Draft GeneraJ Plan Update (2014) Policy Text Consistency Analysis artifacts not directly associated with Native American graves shall be negotiated during consultation with interested tribes; if the artifact is not accepted by Native American tribes, ii shall be offered to an institution staffed by qualified professionals, as may be determined by the City Planner. Artifacts include material recovered from all phases of work, including the initial survey, testing, indexing, data recovery, and monitoring. Require consultation with the appropriate organizations and The Specific Plan is consistent because potential impacts to individuals (e.g., Information Centers of the California Histori cal archaeological and paleontological resources have been avoided Resources Information Systems [CHRIS], the Native American or substantially reduced by the Specific Plan's EPFs. For Heritage Commission [NAHC], and Native American groups and information regarding the EPFs, refer to Appendix B, individuals) to minimize potential impacts to cultural resources Environmental Protection Features . that may occur as a result of a proposed project. Economv. Business Dlversitv. and Tourism Element Economy, Business Diversity and Tourism Goals In partnership with business and community groups, proactively The Specific Plan would contribute to the City's economic vitality engage in the city's economic development. while conserving its open space, agriculture and aesthetic Facilitate retention, expansion, attraction and incubation of resources. The Specific Plan will enhance business in Carlsbad businesses that meet the city's economic development and has established land uses that contribule to the long term objectives. needs of the community. For further information, refer to Specific Maintain and enhance a wor1d class climate for conducting Plan Chapter 1.0, Introduction. business in Carlsbad. Establish land use priorities based on economic criteria and long The Specific Plan would contribute to the City's economic vitality term community needs; reserve sites for designated uses rather while conserving its open space, agriculture and aesthetic than accepting any development. resources. For further information, refer to Specific Plan Chapter 1.0, Introduction. Establish a strong talent pipeline that can serve the needs of The Specific Plan would contribute to the City's economic vitaltty local businesses in the short and long term, as well as serve while conserving its open space, agriculture and aesthetic regionally important industry clusters. resources. For further information, refer lo Specific Plan Chapter 1.0, Introduction. Economy, Business Diversity and Tourism Policies Lead and promote business outreach and collaborative initiatives The Specific Plan will contribute to Carlsbad's economic vitality. among business leaders and economic stakeholders. Such As with all phasino oroiections, the Soecific Plan develooment is A-102 Consistent/Inconsistent Consistent Consistent Consistent. Consistent. Consistent 8707 May 2015 Polley Number 8-P.5 8-P.10 8-P.11 9-G.1 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Plan Update (2014) Policy Text Consistency Analysis outreach and collaboration shall include partnering with local necessarily influenced by the economy, growth rates, market businesses and economic development and employment conditions, and other changing economic and financial conditions. organizations to identify strategies for local business retention As these factors change during the course of buildout of the and expansion, talent attraction and regional branding. Specific Plan, necessary adjustments in phasing will be instituted in close coordination with the City. For further information, refer to Specific Plan Chapter 6.1 , Phasing. Encourage increased year-round tourism through such means as The Specific Plan area would be located within a tourism centric working with the Carlsbad Tourism Business Improvement corridor in Local Facilities Management Zone 13, which include District lo help market Carlsbad as a complete multi-day, year-LEGOLAND California, the Carlsbad Premium Outlets, the round destination, and by working with other organizations to Museum of Making Music, the Gemological Institute, and several promote and develop Carlsbad as an ecotourism destination. resorts and hotels. The Specific Plan area would also be located As part of the Encina Power Station reuse, ensure development within two miles of the Village of Carlsbad. As such, the Specific of a balanced cluster of visitor serving commercial uses, such as Plan could have the potential to create a synergistic relationship hotel and retail uses and restaurants, with flexibility to adapt to with these nearby attractions, prompting visitors to spend an extra changing economic circumstances. Ensure this area has a night In the City. It is reasonable to anticipate that the Specific pedestrian-oriented ambiance, is welcoming and accessible to Plan could be well aligned with SAG's recommendations to the broader community (not just hotel guests), and provides for enhance the shopping experience the City, as well as cater to the restaurants and open spaces that capitalize on ocean views. See target market segment identified for potential growth during low policies in the Land Use and Community Design Element for season. For further information, refer to Specific Plan Chapter more on development of this site. 4.0, Design Guidelines. Encourage strategic land assembly and infrastructure The Specific Plan is consistent because infrastructure improvements to provide sites adequate in size and at improvements adequate in size have been required by the appropriate locations to meet the needs of businesses the city Specific Plan's EPFs. For information regarding the EPFs, refer to wishes to attract. Appendix B, Environmental Protection Features. Sustainability Element Sustainability Goals Through implementation of the policies and programs in the The Specific Plan would contribute to the City's economic vitality General Plan, maintain a long-term balance among the three while conserving its open space, agriculture, and aesthetic dimensions of sustainability-environmental, economic, and resources. The Specific Plan would provide low-impact public social-lo ensure a vibrant, healthy, and prosperous community. access to open space lands and agricultural fields, as well as create a sense of community with a pedestrian friendly Community Promenade. For further information, refer lo Specific Plan, Chapters 3.2 and 3.3, Land Use Plan and Land Use A-103 Consistent/Inconsistent Consistent Consistent Consistent 8707 May 2015 Policy Number 9-G.2 9-G.3 9-G.4 9-G.5 APPENDIX A (Continued) Table 2 pecific Plan Con i tenc with the Draft General Plan pdate (2014) Policy Text Consistency Analysls Designations (respectively). Undertake initiatives to enhance sustainability by reducing the The Specific Plan would implement innovative, sustainable community's greenhouse gas (GHG) emissions and fostering building designs that would reduce energy and greenhouse gas green development patterns-including buildings, sites, and emissions. The Specific Plan is consistent because GHG landscapes. emissions have been avoided or substantially reduced by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Promote energy efficiency and conservation in the community. The Specific Plan area would contribute to the City's efforts in decreasing the use of energy and fossil fuel consumption in transportation, waste reduction and recycling, with efficient building design and use. The Specific Plan would ensure energy efficiency and water conservation, including landscaping. Additionally, building design within the Specific Plan would employ sustainable, green design and technologies. The Specific Plan would implement innovative, sustainable building designs that would reduce energy and greenhouse gas emissions. The Specific Plan is consistent because energy efficient measures have been required by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmen1al Protection Features. Strive to reduce the city's reliance on imported water. The Specific Plan area is located entirely within the Carlsbad Municipal Water District (CMWD) water service area, and would receive potable and recycled water service through CMWD. Although the Specific Plan would receive imported water, the Specific Plan would implement energy efficient, sustainable design, and landscaping measures, to conserve water on-site and in the community. The Specific Plan Is consistent because water conservation and reduction measures have been required by lhe Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. Create a healthy, balanced, functional, and equitable food The Specific Plan would ensure agricultural uses are given a high system for the entire Carlsbad community by: Reducing barriers priority, ultimately providing the community with locally grown, and increasing access to locally-grown fruits and vegetables; fresh produce. increasing communitywide knowledge of healthy food choices The Specific Plan would establish an urban agriculture education A-104 Consistent/Inconsistent Consistent Consistent Consistent Consistent 8707 May 2015 Policy Number 9-P.1 9-P.2 9-P.5 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Plan Update (2014) Policy Text Consistency Analysis and behaviors. farm which would furthermore educate visitors and the surrounding community about food resources. For further information, refer lo Specific Plan Chapter 1.0, Introduction. Sustainability Policies Use the Climate Action Plan as the city's policy and action guide The Specific Plan would comply with regulations in the Climate to reduce Carlsbad's contribution to climate change. Action Plan, and incorporate innovative, sustainable building and area designs that reduce energy and greenhouse gas emissions. The Specific Plan area encourages pedestrian and bicycle transportation. For further information, refer to Specific Plan Chapter 1.0, Introduction. Continue efforts to decrease use of energy and fossil fuel The Specific Plan would continue efforts in the City to decrease consumption in municipal operations, including transportation, use of energy and fossil fuel consumption in transportation, waste waste reduction and recycling, and efficient building design and reduction and recycling, with efficient building design and use. use. The Specific Plan area would incorporate the following green design features: • •Implementing LEED Gold Core and Shell Design Standard • •Using Energy Siar Appliances • •Installing High efficiency lighting • •Installing electronic parking availability signage • •Incorporating an Energy Management System • ·Implementing water conservation measures, such as using recycled waler or outdoor irrigation and installing dual flush toilets, waterless urinals, and self-closing faucets • •Photovoltaic panels over 60% of the parking garage roof • •Solar water heaters and heat pumps • •Preferential parking for electric vehicles and charging stations for electric vehicle use The Specific Plan is consistent because energy and fossil fuel consumpUon effects have been avoided or substantially reduced by the EPFs. For information regarding the EPFs, refer to Aooendix B, Environmental Protection Features. Undertake measures to expand the use of recycled water for As previously described, the Specific Plan would implement water A-105 Consistent/Inconsistent Consistent Consistent Consistent 8707 May 2015 APPENDIX A (Continued) Table 2 Specific Plan Consistency with the Draft General Piao Update (2014) Policy Number Policy Text Consistency Analysis landscape irrigation and commercial and industrial process conservation measures, such as using recycled water for outdoor water. Encourage potential future customers identified in the irrigation The Specific Plan is consistent because water latest Recycled Water Master Plan to retrofit their water systems conservation and reduction measures have been required by the to utilize recycled water as it becomes available and cost-Specific Plan's EPFs. For information regarding the EPFs, refer to effective to do so. Appendix B, Environmental Protection Features. 9-P.6 Promote the use of on-site gray water and rainwater collection The Specific Plan incorporates water conservation measures and systems through education, expedited permitting review, fee "low impact development" best management practices. These exemptions and other measures. best management practices include options in the event that the Specific Plan's structural "low impact development' best management practices are not technically feas ible. Such options include MS4 Permit allowances for on-site treatment in conjunction with off-site retention volume reduction measures. Rainwater harvesting is an alternative retention best management practice option. 9-P.9 Adopt a construction and demolition waste recycling ordinance The Specific Plan would be incompliance with California Green that requires, excepi in unusual circumstances, all construction, Building Standards Code (TiUe 24). CALGREEN requires that demolition and renovation projects meeting a certain size or every new building constructed in California divert 50% of dollar value, to divert from landfills 100 percent of all Portland construction waste from landfills, and Install low pollutant-emitting cement concrete and asphalt concrete and an average of at least materials. The Specific Plan would most likely exceed these 50 percent of all remaining non-hazardous debris from standards. The Specific Plan is consistent because recycling and construction, demolition and renovation projects waste diversion measures have been required by the Specific Plan's EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. 9-P.10 Decrease the need for artificial cooling, heating and lighting, and All development on-site would incorporate sustainable, green promote outdoor lifestyles in Carlsbad's sunny and moderate design and technologies. Additionally, the proposed Specific Plan climate by: ensuring that the Zoning Ordinance provides for promotes outdoor lifestyles by implementing low-impact adequate private and common open spaces as part of recreational amenities such as nature tra ils, pedestrian walkways, multifamily developments, encouraging residential and office picnic and rest areas, lagoon vistas, outdoor classroom, an buildings to have windows that open lo the outside in all integrated coastal resources educational program, and an outdoor habitable rooms, and maximize the use of daylight. Community Promenade. For further information, refer to Specific Plan Chapter 1.0, Introduction. 9-P.11 Implement the city's Landscape Manual to mitigate urban heat Implementation of the Specific Plan would not result in an urban island effects through minimum tree canopy coverage and heat island, due to the amount of designated open space, maximum asphalt and paving coverage, particularly for denser adherence to the City's Landscape Manual, and paving materials A-106 Consistent/lnconsis~ent Consistent Consistent Consistent Consistent 8707 May 2015 APPENDIX A (Continued) Table 2 Sp cific Plan Con istenc with the Draft General Plan pdat (2014) Polley Number Polley Text Consistency Analysis areas like the Village and the Barrio, shopping centers, and for parking lots would be semi-porous (e.g., crushed granite or industrial and other areas with expansive surface parking. gravel), where appropriate, to maximize on-site Infiltration . The Specific Plan is consistent because heal island effects have been avoided or substantially reduced by the EPFs. For Information regarding the EPFs, refer to Appendix B, Environmental Protection Features. 9-P.12 Continue pursuit of sustainable energy sources-such as The Specific Plan would implement green design features such as hydroelectricity, geothermal, solar, and wind power-to meet the photovoltaic panels over 60% of the parking garage roof and community's needs. LEED Gold Core and Shell Design Standards. The Specific Plan 9-P.13 Use the city's Climate Action Plan as lhe platform for delineating Is consistent with the City's Preliminary CAP Project Review and implementing measures lo improve energy conservation, Checklist. The Specific Plan ls consistent because energy and increase renewable energy use (such as solar) In existing conservation and renewable energy use has been required by the and new development. EPFs. For information regarding the EPFs, refer to Appendix B, Environmental Protection Features. 9-P.15 Seek ways to partner with regional community supported The Specific Plan will permanenUy protect approximately 176.7 agricu lure (CSA) programs as an alternative source of fresh and acres, more than 85% of the Specific Plan area, for open space healthy fruits and vegetables for Carlsbad residents, particularly and the continuation of strawberry farming and coastal those with limited mobility, limited income, or those furthest from agriculture. The Specific Plan's protection, conservation and existing grocery stores. enhancement of the open space and agricultural land will be achieved through the Specific Plan itself and in cooperaUon with the City of Carlsbad, one or more qualified environmentally focused non-profit entities. !and conservancy organizations, land managers, public agencies, and qualified farming and agricultural interests. For further information, refer to Specific Plan Chapter 1.0, Introduction. A-107 Consistent/Inconsistent Consistent Consistent 8707 May 2015 C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS APPENDIX B Environmental Protection Features Q-274 APPENDIX B -ENVIRONMENT AL PROTECTION FEATURES Table I below summarizes the Specific Plan's environmental protection features that are made part of the Specific Plan. The Specific Plan features are intended to avoid or substantially reduce all potentia] environmental effects to the maximum extent feasible, and tbe City of Carlsbad retains full authority to enforce each of the Specific Plan environmental protection features. TABLE 1 ENVIRONMENTAL PROTECTION FEATURES ENVIRONMENTAL PROTECTION FEATURES Environmental Analysis (Environmental Protection Features 1) EPF-1 The Specific Plan applicant2 shall comply with all applicable provisions of federal and slate laws and regulations in effect at the time of building permit issuance. EPF-2 The Specific Plan applicant shall comply with all conditions and mitigation measures required as part of the Zone 13 Local Facilities Management Plan ( 1995) prior to the issuance of building permits. EPF-3 The Specific Plan applicant shall pay the City of Carlsbad's standard improvement plan check and inspection fees. Specific Plan improvements shall be commenced within 48 months (plus a one (1) year extension) from the approval date of the Specific Plan's coastal development permits; provided, however, there is no litigation filed challenging any aspect of the Specific Plan or the coastal development permit. In the event of any such litigation, the time frames specified herein shall be tolled with regard to all Specific Plan and coastal development permit improvement requirements from the date the complaint or petition is filed until the time that such litigation is finally resolved by a court of competent jurisdiction .. EPF-4 Prior to issuance of building permits the Specific Plan applicant shall pay all fees, deposits, and charges for connection to public facilities. EPF-5 No building permit shall be issued within the Specific Plan area unless any applicable fee required by Carlsbad Municipal Code, Chapter 21.90, Growth Management, and any applicable local facilities management plan fee, are first paid. Aesthetics EPF AES-1 Lighting necessary for agricultural operations shall be compatible with adjacent uses. EPF AES-2 Selected architectural elements in the Visitor Serving Commercial area will be highlighted with illumination and provide a safe and secure environment for visitors and merchants. Environmental Protection Features (EPFs) apply exclusively and specifically to this Specific Plan. 2 When this Table 1 refers to the Project applicant, the reference shall mean the Project applicant or its designee. ENVIRONMENTAL PROTECTION FEATURES EPF AES-3 Light fixtures at a variety of lighting levels will be used at entries, plazas, parking lots, and other areas where evening activity is expected. EPF AES-4 All light standards shall be consistent with the design, materials, color, color of light, and overall architectural style of the Specific Plan. EPF AES-5 The Specific Plan applicant shall prepare a landscape and irrigation plan in conformance with the following standards: The Specific Plan applicant shall submit and obtain City of Carlsbad (City) Planner (City Planner) review of a final landscape and irrigation plan showing conformance with any approved preliminary landscape/irrigation plan, in accordance with the exclusive provisions set forth in Chapter 6.4, Specific Plan Procedures and Process , of the Specific Plan. The Specific Plan applicant shall construct and install all landscaping and irrigation as shown on the approved final plans. All landscaping shall be maintained, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimal amount of water to the landscape for plant growth without causing soil erosion , runoff, or water waste. EPF AES-6 The Specific Plan applicant shall execute and submit to the City engineer for recordation the City's standard form street tree maintenance agreement, in accordance with the exclusive provisions set forth in Chapter 6.4, Specific Plan Procedures and Process, of the Specific Plan. EPF AES-7 Signs for the Specific Plan area shall conform to the standards set forth in the Specific Plan and subject to the review by the City Planner prior to installation of such signs, in accordance with the exclusive provisions set forth in Chapter 6.4, Specific Plan Procedures and Process, of the Specific Plan. EPF AES-8 This Specific Plan shall be annexed into the City's Street Lighting and Landscaping District No. 2 (SL&LD No. 2); the Specific Plan applicant shall cause to be executed an agreement to annex the subject property into SL&LD No. 2 in a form acceptable to the assistant City finance director and in accordance with the exclusive provisions set forth in Chapter 6.4, Specific Plan Procedures and Process, of the Specific Plan; and the Specific Plan applicant shall pay all fees necessary to annex the property into SL&LD No. 2. Agriculture and Forest Resources EPF AG-1 Agricultural uses in the EAG-OS and AGS-OS shall be preserved in perpetuity through the recordation of an open space easement(s) over these lands. See also EPF 810-18 .. Air Quality EPF AQ-1 The Specific Plan applicant shall request that the San Diego Air Pollution Control District revise the RAQS to include the development projections of the proposed Specific Plan in the SDAPCD's next triennial update to the RAQS. EPF AQ-2 The Specific Plan applicant shall control fugitive dust by watering areas of the construction site with the potential to generate fugitive dust emissions twice a day. EPF AQ/GHG-3 The Specific Plan applicant shall design the visitor-serving commercial structures to adhere to the Leadership in Energy and Environmental Design (LEED) Gold Core and Shell Design Standards. EPF AQ/GHG-4 The Specific Plan's nonresidential structures shall exceed the 2013 Title 24 Building Energy Efficiency Standards by 5% (California Code of Regulations, Title 24, Part 6). In the event that an update to the 2013 Standards becomes effective before building permits are secured and that update achieves greater than a 5% improvement in energy efficiency relative to the 2013 Standards, the Specific Plan will comply with the then-effective and applicable building standards. EPF AQ/GHG-5 The Specific Plan will require the commercial retail structures to utilize a computer-based energy management system capable of reducing and optimizing operational energy consumption. The energy management system will be designed to provide automated control and monitoring of the Specific Plan's energy consumption from heating, air conditioning, ventilation and liqhtinQ. The data obtained from the enerqy manaqement system then will be used by the Specific Plan Proponent and individual commercial tenants to perform self-diagnostic 2 ENVIRONMENTAL PROTECTION FEATURES and optimization routines at regularly-scheduled intervals, and prepare trend analysis and consumption forecasts, thereby facilitating enhancements to the efficiency of energy consumption. EPF AQ/GHG-6 The Specific Plan design shall include photovoltaic panels to cover a minimum of 60% of the Parking Structure roof. EPF AQ/GHG-7 EPF AQ/GHG-8 EPF AQ/GHG-9 The Specific Plan shall require: • Use of Energy Star appliances, where available, by the commercial tenants; • Installation of high-efficiency interior and exterior lighting; and, • Implementation of water conservation measures, such as using recycled water for outdoor irrigation, and installing dual-flush toilets, waterless urinals, and self-closing faucets. The Specific Plan shall require the installation of six electric vehicle charging stations and provide preferential parking locations for electric vehicles. The Specific Plan shall require the installation of electronic parking availability signage to facilitate the smooth and efficient movement of vehicles. EPF AQ-10 The Specific Plan applicant shall develop a Green Cleaning Product education program to be made available to commercial tenants. The education program shall consist of: • Provision of educational materials on low VOC consumer products. • Educational materials addressing the use of detergents; cleaning compounds; polishes; floor finishes; cosmetics; personal care products; home, lawn and garden products; disinfectants; sanitizers; aerosol paints; automotive specialty products; low VOC paints and architectural coatings; and low emission landscape equipment. • Educational materials on the importance of recycllng and purchasing recycled material. EPF AQ/GHG-11 To minimize idling time and combustion of vehicle fuels, the Specific Plan applicant shall ensure that any commercial building that utilizes large-scale refrigerated storage (e.g., restaurant; grocery store) equips each loading dock with an electrical hook-up to power refrigerated trucks. EPF AQ/GHG-12 To minimize fuel combustion, all landscaped areas associated with the Specific Plan's commercial land uses shall be landscaped and maintained with electrical equipment, to the extent feasible. Biological Resources EPF 810-1 To avoid direct effects lo nesting raptors and songbirds, construction related to the Specific Plan shall be phased to avoid the migratory bird nesting season (typically February 15 through September 1 ). If construction must occur during the migratory bird nesting season, a focused avian nesting survey shall be performed in the Specific Plan area, within 300 feet of the proposed construction, and by a qualified biologist 72 hours prior to construction. If an active bird nest is found, the nest will be flagged and mapped on the construction plans along with an appropriate buffer, which will be determined by the biologist based on the biology of the species. The nest area shall be avoided until the nest is vacated and the juveniles have fledged. The nest area shall be demarcated in the field with flagging and stakes or construction fencing. Construction shall be permitted in areas outside of the nest and buffer area. If nesting birds are present on site, a biological monitor shall be present daily during construction activities while the nest(s) is active to ensure that no effects to nesting birds occur. EPF 810-2 Focused surveys for burrowing owl, in accordance with the Staff Report on Burrowing Owl Mitigation (CDFG 2012), shall be conducted in all areas proposed for disturbance prior to commencement of construction activities. If burrowing owls are detected within the Specific Plan area, either a temporary buffer shall be installed around the active burrow or the owls shall be passively relocated from the site prior to construction activities. 3 ENVIRONMENTAL PROTECTION FEATURES EPF BIO-3 A contractor education program shall be prepared and implemented to apprise all construction personnel and subcontractors of environmental restrictions relevant to construction and the penalties for violations. The Specific Plan applicant and contractor shall establish a protocol for communicating problems or potential construction changes that may affect on-site biological resources. Workers shall be made aware of protected habitat and the occurrence of sensitive species in the Specific Plan area through the use of photos or on-the-ground demonstrations. The sensitivity of certain special-status wildlife species to human activities, the legal protection afforded to those species, and the roles and authority of monitoring biologists shall be discussed. EPF 810-4 The monitoring biologist shall be on site during any initial clearing of habitat (annual ground cover, shrubs, or trees). The monitoring biologist will flush sensitive species (avian or other mobile species) from occupied habitat areas immediately prior to brush-clearing and earth-moving activities. EPF BIO-5 Construction noise levels at the riparian canopy edge shall be kepi below A-weighted decibels (adjusted for human frequencies) as equivalent sound level (60 dBA Leq) from 5:00 a.m. to 11 :00 a.m. during the peak nesting period of March 15 to July 15. For the balance of the day/season , the noise levels shall not exceed 60 d BA, averaged over a 1-hour period (i.e., 1-hour LeqldBA). Noise levels shall be monitored and monitoring reports shall be provided to the City. EPF 810-6 To reduce long-term nighttime lighting effects, shielded low-sodium, low-wattage lighting on all proposed building and accent lighting will be used to cut glare and llght scatter, and to direct light away from sensitive biological resources. No night lighting shall be allowed in habitat areas. The Specific Plan applicant shall follow the lighting development standards set forth in the Specific Plan, Chapter 3.0, and submit the lighting plans for review by the City Planner, in accordance with the exclusive provisions set forth in Chapter 6.4, Specific Plan Procedures and Process, of the Specific Plan. EPF BIO-7 All site preparation and construction activities shall incorporate standard BMPs including straw bales, gravel bags, sand bags, periodic watering of bare areas, and the directing of construction area drainage to existing storm drain facilities. EPF BIO-8 During construction, material stockpiles shall be placed such that they cause minimal interference with on-site drainage patterns. Silt fencing and other silt containment devices will be installed, where necessary, to prevent off-site transport of sediment and pollutants. EPF 810-9 Prior to initiating initial grading/earth movement activities, all preserved habitats immediately adjacent to the work limits shall be marked with temporary fencing and other appropriate markers clearly visible to construction personnel. No construction access, parking, or storage of equipment or materials will be permitted in such marked areas. EPF 810-10 No plant species listed as problematic and/or invasive by the California Native Plant Society, the California Invasive Plant Council (formerly the California Exotic Pest Plant Council), or the State of California shall be employed or allowed to naturalize or persist on site. No plant species listed as a 'noxious weed" by the State of California or the federal government shall be used in the Specific Plan. All new plants in passive open space and habitat management preserve areas shall be native species. EPF BIO-11 Upon Specific Plan completion, signage shall be included in the sensitive habitat areas (where determined appropriate by a qualified biologist) to identify adjacent habitats and educate employees and others on the importance of staying on designated trails/paths, disposing of trash properly, and reducing fire hazards. EPF BIO-12 A minimum 20-foot buffer shall be implemented around all native upland habitats. EPF 810-13 A minimum 100-foot buffer shall be implemented around all environmentally sensitive habitat areas, riparian, and wetland as defined in California Public Resources Code, section 30107.5. EPF 810-14 A minimum 50-fool buffer shall be implemented around all slreambeds. EPF 810-15 Prior to the removal or damage of any active nests or any tree pruning or removal operations during the prime nesting season, that being March 15 to May 30, a certified biologist shall survey the trees to determine if there are any active nests within 500 feet of !he area of tree removal or pruning. If any active nests are localed within 500 feet, no tree pruninq or removal 4 ENVIRONMENTAL PROTECTION FEATURES operations can occur until the nests are vacated or until the end of the prime breeding season , whichever occurs later. EPF 810-16 Prior to any tree removal or pruning operations proposed outside of the prime nesting season but within the period of February 15 to August 31 , a certified biologist shall provide confirmation that no disturbance would occur to active nests or nesting activities. Documentation from the certified biologist consistent with these requirements shall be submitted to the City Planner to demonstrate compliance with this condition. A note to this effect shall be placed on the construction or grading plans. EPF 810-17 The Specific Plan applicant shall pay the in lieu mitigation fee (if applicable) in accordance with the City's adopted Fee Schedule prior to issuance of a building permit. If the in-lieu mitigation fee for the Specific Plan is not paid, building permits shall not be issued. EPF 810-18 The Specific Plan applicant shall grant a conservation easement for the conservation, protection, and management of fish, wildlife, native plants, and the habitat necessary for biologically sustainable populations of certain species. EPF 810-19 The Specific Plan applicant shall dedicate an open space easement for those portions of the Specific Plan area that are part of the Specific Plan's designated open space. EPF 810-20 Removal of native vegetation and development of designated Open Space, as shown in the Specific Plan, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways, and landscaping, other than that approved as part of the grading plan, improvement plans, biological revegetation program and landscape plan, is specifically prohibited, except upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon written directive from the City Planner, based upon a request from the Specific Plan applicant accompanied by a report from a qualified arborisVbotanist indicating the need to remove specified trees and/or plants because of disease. For areas containing native vegetation, the report required to accompany the request shall be prepared by a qualified biologist. EPF 810-21 Prior lo issuance of a grading permit or clearing of any habitat, whichever occurs first, the Specific Plan applicant shall take the following actions in relation to the Specific Plan open space designated land areas, as shown in the Specific Plan that is to be conserved for natural habitat: a. Select a conservation entity that possesses qualifications to manage said open space for conservation purposes. b. Prepare a property analysis record or other similar method for estimating the costs of management and monitoring in perpetuity of said open space. c. Based on the results of the property analysis record or other similar method, provide a non-wasting endowment or other financial mechanism as provided for in the Specific Plan in an amount sufficient for management and monitoring in perpetuity of said open space. d. Record a conservation easement over the Specific Plan's designated open space. e. Prepare a natural habitat restoration, maintenance, and monitoring plan to ensure adequate management and maintenance in perpetuity of the Specific Plan's designated open space; the plan shall be submitted to the City Planner for review in accordance with the exclusive provisions set forth in Chapter 6.4, Specific Plan Procedures and Process, of the Specific Plan. EPF 810-22 For impacts to native upland habitats onsite, the environmental protection will occur at a 2:1 ratio and no net loss of habitat shall apply. The no net loss standard for upland habitat impacts within the Coastal Zone shall entail the creation of associated upland habitat or substantial restoration of degraded habitat at a minimum ratio of 1 :1. Habitat preserved onsite will not count as preservation. Because the project proposes to implement all environmental protection onsite, the project will include creation of upland habitat or substantial restoration of degraded habitat at a 2:1 ratio._AII restoration will occur within the coastal zone. At least 67% of the coastal sage scrub on site must be conserved. EPF 810-23 Effects to non-native vegetation communities or land cover types (excluding coastal sage scrub) shall be compensated for in the form of an in lieu mitigation fee as provided in the table below. 5 tO I N 00 = ENVIRONMENTAL PROTECTION FEATURES In-Lieu Mitigation Fee Guidelines Habitat Type Guidelines Fee per Acre1 Disturbed land (i.e., not graded in last 5 years} Pay fee See Note 1 Agricultural land Pay fee unless already paying coastal zone agricultural mitigation fee See Note 1 Eucalyptus woodland Pay fee (note potential raptor/other bird nesting and bat roosting See Note 1 constraints) Ornamental Not applicable No fee 1 Fees are subject to change and shall be confirmed with the City prior to payment based on the City's adopted Fee Schedule. Cultural Resources EPF CUL-1 A qualified archaeologist and a Native American monitor(s) shall be present to monitor all Specific Plan-related ground disturbance to ensure proper treatment of previously undocumented archaeological or historical resources. If any previously undocumented archaeological or historical resources are found during construction, all earth-moving activity within and around the immediate discovery area shall be diverted until the archaeologist and Native American monitor(s) can assess the nature of the find. Preservation in place shall be the preferred manner of assessment because: (a) it maintains the relationship between the deposits or artifacts and the archaeological context; and (b) may avoid conflict with religious or cultural values of groups associated with the designated site. Preservation in place may be accomplished by, among other methods: (a) planning construction to avoid the designated site; (b) incorporating the site within greenspace or other open space; (c) covering the designated site with appropriate soils before construction; and/or (d) deeding the designated site into a permanent conservation easement. If avoidance of previously undocumented archaeological or historical resources is not feasible, environmental protection through data recovery shall be implemented. When data recovery through excavation is the only feasible environmental protection feature (after exhausting preservation in place options), a data recovery plan shall be prepared and provided to the City Planner prior to any excavation being undertaken. Such plan shall also be deposited with the California Historical Resources Regional Information Center. Archaeological sites known to contain human remains shall be treated in accordance with the law. lf a deposit or artifact must be removed during project excavation or testing, curation may be an appropriate environmental protection feature. Data recovery shall not be required for an archaeological or historical resource if the data recovery plan reflects that testing or study already completed has adequately recovered the scientifically consequential information from and about the archaeological or historic resource. The data recovery plan is deposited with the California Historical Resources Regional Information Center. EPF CUL-2 In the event of the accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the following steps should be taken: ( 1) There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: (A) The coroner of the county in which the remains are discovered must be contacted to determine that no investigation of the cause of death is required, and (B) If the coroner determines the remains to be Native American: 6 ,0 l N 00 - ENVIRONMENTAL PROTECTION FEATURES 1. The coroner shall contact the Native American Heritage Commission within 24 hours. 2. The ative American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American. 3. The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided by law, or (2) Where the following conditions occur, the Specific Plan applicant shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance. (A} The Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission; {B) The descendant identified fails to make a recommendation; or (C) The Specific Plan applicant rejects the recommendation of the descendant, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. EPF CUL-3 A quaHfied paleontologist shall attend the pre-construction meeting to consult with the grading and excavation contractors concerning excavation schedules, paleontological field techniques, and safety issues. A qualified paleontologist is defined as an individual with an MS or PhD in paleontology or geology; familiar with paleontological procedures and techniques; knowledgeable in the geology and paleontology of San Diego County; and has worked as a paleontological mitigation supervisor in San Diego County for at least one year. A paleontological monitor shall be on site on a full-time basis during the original cutting of previously undisturbed deposits of high paleontological resource potential (e.g., Quaternary terrace and landslide deposits correlative with the Bay Point Formation, and the Santiago Formation) to inspect exposures for contained fossils. For Quaternary terrace deposits correlative with the Undavista Formation, a monitor should be on site on a part-time basis. Geological units with a low potential for yielding paleontological resources. including Holocene age alluvium and previously disturbed deposits, would not require monitoring. A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials. The paleonlological monitor shall work under the direction of a qualified paleontologist. When fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In most cases, this fossil salvage can be completed in a short time. However, some fossil specimens (such as a complete large mammal skeleton) may require an extended salvage period. In those instances, the paleontologist (or paleontological monitor) shall be allowed to temporarily direc~ divert, or halt grading to allow recovery of fossil remains in a timely manner. Because of the potential for the recovering of small fossil remains, such as isolated mammal teeth, ii may be necessary to set up a screen-washing operation on the site. Fossil remains collected during monitoring and salvage shall be cleaned, repaired. sorted. and cataloged as an environmental protection. Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be deposited {as a donation) in a scientific institution with permanent paleontological collections. Donation of the fossils shall be accompanied by financial support for initial specimen storage. A final summary report shall be completed that outlines the results of th e protection. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils. Geology and Soils EPF GE0-1 The Specific Plan applicant shall execute and submit to the City Engineer for recordation the city's standard form Geologic Failure Hold Harmless Agreement, in accordance with the exclusive provisions set forth in Chapter 6.4, Specific Plan Procedures and Process, of the Specific Plan. 7 ,0 I N 00 N ENVIRONMENTAL PROTECTION FEATURES EPF GE0-2 Based upon a review of the proposed grading and the identified grading quantities, the Specific Plan applicant shall be required to prepare and submit to the City of Carlsbad grading plans and any related authorizations in accordance with the exclusive provisions set forth in Chapter 6.4, Specific Plan Procedures and Process, of the Specific Plan. The Specific Plan applicant shall submit the grading plans and technical studies/reports for City Engineer review, post security, and pay all applicable grading plan review and permit fees per the City's latest fee schedule, in accordance with the exclusive provisions set forth in Chapter 6.4, Specific Plan Procedures and Process, of the Specific Plan. EPF GE0-3 The Specific Plan applicant on behalf of itself and all of its successors in interest hereby agrees to hold harmless and indemnify the City from any action that may arise through any geological failure. ground water seepage or land subsidence and subsequent damage that may occur on the Specific Plan area and that is caused by Specific Plan construction, operation, or maintenance. EPF GE0-4 The bluff edge shall be determined by a qualified geologist or surveyor according to the definition included in the California Code of Regulations, title 14, section 13577(h)(2). EPF GE0-5 A detailed geotechnical report analyzing the setbacks needed to achieve the safety standards outlined below shall be completed for any specific development proposed on the site. Structures requiring foundations, pools, and fountains shall be set back a minimum of 50 feet from the bluff edge. All development shall be removed or relocated landward when threatened by erosion .The bluff edge shall be determined by a qualified geologist or surveyor for the property according to the definition included in California Code of Regulations, title 14, section 13577(h)(2). Slope stability analyses and erosion rate estimates shall be performed by a licensed certified engineering geologist and/or geotechnical engineer, or a registered civil engineer with experience in soil engineering. All impermeable, permanent structures shall be setback to ensure a minimum factor of safety of 1.5 (static) and 1.1 (pseudo static). The long-term erosion setback (for structures requiring structural foundations, pools, and fountains) shall be the distance that the bluff might be expected to erode over the design life of the structure (expected lo be 75 years) and Include an allowance for possible acceleration of historical bluff retreat rates due lo sea level rise. Bluff erosion ra e estimates shall be established by examining historical records, surveys, aerial photographs, studies, or other evidence that shows the location of the bluff edge through time and be based on a minimum of 50 years of historical information. EPF GE0-6 All landscaping within any Specific Plan-required bluff setback shall consist of native, non-invasive, drought-tolerant, fire-resistant species and any irrigation system shall be low volume (drip, micro jet, etc.). Excessive irrigation in the bluff setback is prohibited. Drainage and erosion control facilities shall convey site drainage in non-erosive manner to minimize hazards, site instability, and erosion. No removal or thinning of vegetation shall occur on the bluff face. Greenhouse Gas Emissions Refer to Air Quality, above. Hydrofogy EPF HYD-1 A biofiltration basin shall be implemented on site within subwatershed 5 for detention of peak flows from the access road on site. EPF HYD-2 One of two detention options shall be implemented on site within subwatershed 7 to attenuate peak flows associated with on-site construction. A biofiltration basin shall be Implemented to detain flows above the surface if no potential open space site constraints are encountered during final design. If these constraints occur, an underground detention vault shall be Implemented. EPF HYD-3 The Specific Plan applicant shall be responsible for ensuring that all final design plans (e.g., grading plans, improvement plans, landscape plans, building plans) incorporate all source control , site design, and treatment control best management practices (BMPs); hydromodification features, and Low Impact Development facilities. EPF HYD-4 The Specific Plan applicant shall prepare and submit Its stormwater management plan for review by the city engineer, in accordance with the exclusive provisions set forth in 8 ,0 I N 00 !JJ ENVIRONMENT Al PROTECTION FEATURES Chapter 6.4, Specific Plan Procedures and Process, of the Specific Plan. demonstrating how the Specific Plan complies with hydromodification requirements per the Ci1y's Standard Urban Stormwater Management Plan ~alest version). EPF HYD-5 Not Used EPF HYD-6 Not Used EPF HYO-7 The Specific Plan applicant shall prepare and process improvement plans for review by the city engineer. EPF HY0-8 Not Used EPF HYD-9 The Specific Plan applicant, on behalf of itself and all of its successors in interest, has hereby agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the City-approved development plans; or by the design, construction, or maintenance of the drainage system or other improvements identified in the City-approved construction plans. EPF HYO-10 The Specific Plan applicant shall pay the Citywide Public Facilities Fee, the License Tax on new construction, and the Community Facilities District No. 1 special tax (if applicable), subject to any authorized credits. The Specific Plan applicant shall also pay any applicable Zone 13 Local Facilities Management Plan Fees. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, building permits shall not be issued. EPF HYD-11 The Specific Plan applicant shall implement the following Hydromodification Control Performance Standard: Hydromodification control BMPs shall be selected and applied to maintain post-project flow rates and durations within 10% of pre-development conditions, for the range of geomorphically significant Hows. In addition, construction in the Specific Plan area will avoid critical sediment yield areas as identified in the Carlsbad Watershed Management Area Analysis, or implement measures that allow critical coarse sediment to be discharged to receiving waters, such that there is no net effect to the receiving water. The hydromodification performance standard shall be achieved through LID andlor hydromodification control BMPs designed to achieve the flow duration control standard. Hydromodification control BMPs that shall be implemented to meet the performance standard may indude the LID site design and structural BMPs (see EPF WQ-18 through EPF WQ-19) for water quality. Alternatively, hydromodification control may be provided in separate stand-alone flow control facilities or in combination with Hood control. Water Quality Pre-Construction BMPs EPF WQ-1 Prior to the issuance of a grading permit, the Specific Plan applicant shall execute a standard form City permanent stormwater quality best management practices (BMPs) maintenance agreement and submit an executed copy to the city engineer for recordation. EPF WQ-2 Prior to the issuance of a building permit, the Specific Plan applicant shall submit to the City a Tier 3 storm water pollution prevention plan {TIER 3 SWPPP). The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the Specific Plan to the maximum extent practicable. The Specific Plan applicant shall pay all applicable SWPPP plan fees per the City's latest fee schedule. EPF WQ-3 Prior to the issuance of a grading permit, the Specific Plan applicant shall submit to the City engineer receipt of a Notice of Intent (NOi) from the State Water Resources Control Board (SWRCB). 9 .0 I N Q0 ,&;. ENVIRONMENTAL PROTECTION FEATURES EPF WQ-4 Prior to the issuance of a grading permit, the Specific Plan applicant shall comply with the following: Implement the following BMPs at all times: pollution control practices or devices. erosion control to prevent silt runoff during constructJon, general housekeeping practices. pollution prevention and educational practices. maintenance procedures, and other management practices or devices lo prevent or reduce the discharge of pollutants to stormwater, receiving water, or stormwater conveyance system to the maximum extent practicable. The Specific Plan applicant shall notify prospective tenants of the above requirements. EPF WQ-5 Prior to the issuance of a grading permit, the Specific Plan applicant shall prepare and process a stormwater management plan (SWMP), subject to review by the city engineer, in accordance with the exclusive provisions set forth in Chapter 6.4, Specific Plan Procedures and Process, of the Specific Plan to demonstrate how the Specific Plan meets new/current stormwater treatment requirements per the City's Standard Urban Stormwater Management Plan (SUSMP) (latest version). In addition to new treatment control BMP selection criteria in the SUSMP. the Specific Plan applicant shall ensure that runoff from impervious areas (roofs, pavement, etc.) are drained through landscaped (pervious) areas prior to discharge. The Specific Plan applicant shall pay all applicable fees per the City's latest fee schedule. EPF WQ-6 Prior to the issuance of a grading permit, the Specific Plan applicant shall provide all-weather maintenance access roads to the public drainage facilities (e.g., headwalls, rip-rap field). Where maintenance access roads are not practical and/or permitted, the Specific Plan applicant shall incorporate low-maintenance design features. EPF WQ-7 Prior to the issuance of a grading permit, the Specific Plan applicant shall provide the City with evidence that an NOi has been filed with the SWRCB. Such evidence will consist of a copy of the NOi stamped by the State Water Resources Control Board (SWRCB) or the Regional Water Quality Control Board (RWQCB), or a letter from either agency stating that the NOi has been filed , with a copy of the site's applicable waste discharge identification (WDID) number. Construction BMPs EPF WQ-8 The contractor shall implement the following erosion control best management practices (BMPs) as needed during construction activities resulting from the Specific Plan: • Physical stabilization through hydraulic mulch, soil binders, straw mulch, bonded and stabllized fiber matrices, compost blankets, and erosion control blankets (i.e., rolled erosion control products). • Contain and secure protection of stockpiled materials from wind and rain, unless actively in use. • Soil roughen graded areas (through track walking, scarifying, sheepsfoot rolling, or imprinting) to slow runoff, enhance infiltration. and reduce erosion. • Vegetative stabilization through temporary seeding and mulching to establish interim vegetation. • Wind erosion (dust) control through the application of water or olher dust palliatives as necessary to prevent and alleviate dust nuisance. EPF WQ-9 The contractor shall implement the following sediment control BMPs as needed during construction activities resulting from the Specific Plan: • Perimeter protection to prevent sediment discharges (sill fences, fiber rolls, gravel bag berms, sandbag barriers, and compost socks). • Storm drain inlet protection. • Sediment capture and drainage control through sediment traps and sediment basins. • Velocity reduction through check dams, sediment basins, and outlet protection/velocity dissipation devices. • Reduction in off-site sediment tracking through construction entrance/exit stabilization construction road stabilization, and entrance/exit tire wash. 10 tO I N 00 U'I ENVIRONMENTAL PROTECTION FEATURES • Slope interruption at permit-prescribed intervals (fiber rolls, gravel bag berms, sandbag berms, compost socks, biofilter bags). EPF WQ-10 The contractor shall implement the following waste and material management BMPs as needed during construction activities resulting from the Specific Plan: • Management of the following types of materials, products , and wastes: solid, liquid, sanitary, concrete, hazardous, and equipment-related wastes. Management practices include covered storage and secondary containment for material storage areas, secondary containment for portable toilets, covered dumpsters, dedicated and lined concrete washout/waste areas, proper application of chemicals, and proper disposal of all manner of wastes. • Protection of soil, landscaping, and construction material stockpiles through covers, the application of water or soil binders, and perimeter control measures. • Incorporation of a spill response and prevention techniques as part of the Specific Plan Stormwater Pollution Prevention Plan (SWPPP) and provision of spill response materials that will be available and conspicuously located at all times on site. EPF WQ-11 The contractor shall implement the following non-stormwater management BMPs as needed during construction activities resulting from the Specific Plan: • BMPs or good housekeeping practices to reduce or limit pollutants at their source before they are exposed to stormwater, including such measures as water conservation practices, vehicle and equipment cleaning and fueling practices, and street sweeping. All such measures will be recorded and maintained as part of the Specific Plan SWPPP. EPF WQ-12 The contractor shall implement the following training and education BMPs as needed during construction activities resulting from the Specific Plan: • Inclusion of Construction General Permit defined "Qualified SWPPP Developers· (QSD) and "Qualified SWPPP Practitioners" (QSP). QSDs and QSPs shall have required certifications and attend State Water Resources Control Board sponsored training. • Training of individuals responsible for SWPPP implementation and permit compliance, including contractors and subcontractors. • Signage (bilingual, if appropriate) to address SWPPP-related issues (such as site cleanup policies, BMP protection, washout locations, etc.). EPF WQ-13 The contractor shall implement the following inspections, maintenance, monitoring, and sampling BMPs as needed during construction activities resulting from the Specific Plan: • Performing routine site inspections and inspections before, during (for storm events> 0.5 inch), and after storm events. • Preparing and implementing rain event action plans prior to any storm event with 50% probability of producing 0.5 inch of rainfall, including performing required preparatory procedures and site inspections. • Implementing maintenance and repairs of BMPs as indicated by routine, storm event, and rain event action plan inspections. • Implementing the construction site monitoring plan for non-visible pollutants if a leak or spill is detected. • Sampling of discharge points for turbidity and pH a minimum of three times per qualifying storm event and recording and retention of results. Post-Construction BMPs EPF WQ-14 The Specific Plan area shall effectively eliminate discharges of non-stormwater into the municipal separate storm sewer system (MS4) by implementing BMPs to prevent these discharges. The BMPs shall include prohibiting the discharge of wash water from vehicle and/or equipment washing to the storm drain, as follows: • Vehicle/equipment cleaning needs shall either provide a covered, bermed area for washinq activities or discouraqe vehicle/equipment washing by removing hose bibs and installing signs 11 tO I N 00 a-. ENVIRONMENTAL PROTECTION FEATURES prohibiting such uses. • Washing areas for cars, vehicles, and equipment shall be paved and designed to prevent run-on to or runoff from the area, and plumbed to drain to the sanitary sewer. • !fa car wash area is not provided, measures will be taken to discourage on-site car washing (e.g., posting signage) and to explain how these measures will be enforced. EPF WQ-15 The Specific Plan applicant shall make storm drain stencils and signs visible adjacent to drain inlets. Stenciling will be provided for all stormwater conveyance system inlets and catch basins. Inlet stenciling may include concrete stamping, concrete painting, or placards. SPF WQ-16 The Specific Plan applicant shall protect outdoor material storage areas from rainfall, run-on, runoff, and wind dispersal. Materials with the potential to pollute stormwater shall be stored in a manner that prevents contact with rainfall and/or stormwater runoff. Specific BMPs include the following: • Materials with the potential to contaminate stormwater will be placed in an enclosure, such as in a building, shed, or cabinet, or under a roof or awning that prevents contact with rainfall and runoff, and/or will be enclosed within a secondary containment structure such as a berm, dike, or curb. • Storage area roofs or awnings will extend beyond the storage area to minimize collection of stormwater within secondary containment areas. • Contaminated runoff from secondary containment structures will be directed to the sanitary sewer. • Storage areas shall contain leaks and spills, where necessary. • Storage areas will be designed to effectively contain spills, for example by sloping toward a sump. • Roof downspouts will be directed away from storage areas. SPF WQ-17 The Specific Plan applicant shall protect work areas from rainfall, run-on, runoff, and wind dispersal. Outdoor work areas with potential for pollutant generation shall comply with the following BMPs: • An impermeable surface (such as concrete or asphalt) will be created or a prefabricated metal drip pan will be used, depending on the size needed to protect the materials. • The area will be covered with a roof or other acceptable cover. • A berm will be placed along the perimeter of the area to prevent water from adjacent areas from flowing onto the surface of the work area. • Runoff will be directly connected to the sanitary sewer. Other specialized containment system(s) may be used where feasible. The work area will be located away from storm drains or catch basins. EPF WQ-18 A landscape management plan shall be developed and implemented for all Specific Plan area landscaping that addresses integrated pest management (1PM) and pesticide and fertilizer application guidelines. The 1PM will use pest-resistant plants, biological controls, cultural practices, habitat modification, and the use of pesticides according to treatment thresholds only when monitoring indicates pesticides are needed because pest populations exceed established thresholds. The following practices will be implemented within developed areas: • Existing native trees, shrubs, and ground cover will be preserved if present and feasible. • Pest-resistant plants will be used, especially adjacent to hardscape areas. • To ensure successful establishment, the selected plant palette will be appropriate to site soils, slopes, climate, sun. wind, rain, land use, air movement, ecoloqical consistency, and plant 12 ENVIRONMENTAL PROTECTION FEATURES interactions. Low-water plants will be used. • Landscaping will be maintained using minimal or no pesticides. • I PM information will be provided to owners, lessees, and operators. In addition, the landscape management plan shall include the following components: • Pesticide applicator certifications, licenses and training . • Pest identification protocols. • Practices to prevent pest incidence and reduce pest buildup. • Monitoring to examine vegetation and surrounding areas for pests to evaluate trends and to identify when controls are needed. • Establishment of action thresholds that trigger control actions. • Pest control methods: cultural, mechanical, environmental, and biological controls, as well as appropriate, more conventional pesticides. • Pesticide management: safety (e.g., Material Safety Data Sheets, precautionary statements, and protective equipment), regulatory requirements, spill mitigation, and groundwater and surface water protection measures associated with pesticide use. • Fertilizer management guidelines for soil assessment, fertilizer types, application methods, and storage and handling. • Irrigation systems incorporating weather-or sol! moisture-based controllers that automatically adjust inigation in response to changes In plants' needs as weather conditions change to reduce water usage and irrigation runoff. EPF WQ-19 Decorative fountains and pools shall be plumbed to the sanitary sewer. EPF WQ-20 Outdoor floor sink drains shall have overhead coverage. Indoor and outdoor sink drains shall be connected to a grease interceptor and will discharge to the sanitary sewer. EPF WQ-21 Vehicle and equipment maintenance, and fuel dispensing, shall not be performed on si1e. If such activities are needed, source control BMPs shall be provided. EPF WQ-22 Loading docks shall be covered and/or graded to minimize run-on lo and runoff from the loading area. Roof downspouts will be positioned to direct stormwater away from the loading area. Water from loading dock areas shall drain to the sanitary sewer unless infeasible as shown in accordance with the exclusive provisions set forth in Chapter 6.4, Specific Plan Procedures and Process, of the Specific Plan. Direct connections to storm drains from depressed loading docks shall be prohibited. Loading dock areas draining directly to the sanitary sewer will be equipped with a spill control valve or equivalent device, which will be kept closed during periods of operation. A roof overhang shall be installed over the loading area or door skirts (cowling) shall be installed at each bay that encloses the end of the trailer. EPF WQ-23 Plazas, sidewalks, and parking lots shall be swept at least weekly with a high-efficiency sweeper to prevent the accumulation of litter and debris. Debris from pressure washing shall be collected to prevent entry into the storm drain system. Wash water containing any cleaning agent or degreaser shall be collected and discharged to the sanitary sewer and not discharged to a storm drain. EPF WQ-24 Prior to the issuance of a building permit, the Specific Plan applicant shall control the following miscellaneous discharges: 13 0 I N QC) QC) ENVIRONMENTAL PROTECTION FEATURES • Fire sprinkler test water shall be discharged to the sanitary sewer. • Boiler drain lines shall be directly or indirectly connected to the sanitary sewer system and shall not discharge to the storm drain system. • Condensate drain lines may discharge to landscaped areas if the fiow is small enough that runoff will not occur. Condensate drain lines shall not discharge to the storm drain system. • Rooftop-mounted equipment with potential to produce pollutants (e.g., galvanized metal) shall be roofed. • Sumps shall feature a sediment sump to reduce the quantity of sediment in pumped water. • Copper roofing, gutters, and trim or other unprotected metals that may leach into runoff shall not be used. Low Impact Development Site Design BMPs EPF WQ-25 Prior to the issuance of a grading permit, the Specific Plan applicant shall use the following Low Impact Development site design BMPs : • Maintenance or restoration of natural storage reservoirs and drainage corridors (including topographic depressions, areas of permeable soils, natural swales, and ephemeral and intermittent streams). • Buffer zones for natural water bodies. • Conservation of natural areas within the construction footprint, including existing trees, other vegetation, and soils. • Construction of streets, sidewalks, or parking lot aisles to the minimum widths necessary, provided public safety is not compromised. • Minimization of the impervious footprint of the structures/facilities. • Minimization of soil compaction to landscaped areas. • Disconnection of impervious surfaces through distributed pervious areas. • Landscaped or other pervious areas designed and constructed to effectively receive and infiltrate, retain, and/or treat runoff from impervious areas, prior to discharge. • Small collection systems located at or as close as possible to the source, to minimize the transport of runoff and pollutants. • Use of permeable materials for low-traffic areas with appropriate soil conditions. • Landscaping with native or drought-tolerant species. • Harvesting and using precipitation. Structural Low Impact Development BMPs EPF WQ-26 Prior to the issuance of a grading permit, the following performance standard for structural LID BMPs shall be used for the Specific Plan: • LID retention BMPs must be selected to retain (i.e., intercept, store, infiltrate, evaporate, and/or evapotranspire) the volume of stormwater runoff produced from the 85th percentile, 24-hour storm event (water quality design volume) to the maximum extent feasible. 14 ENVIRONMENTAL PROTECTION FEATURES • If it is technically infeasible to retain all or part of the water quality design volume, LID biofiltration BMPs may be used. Biofiltration BMPs must be sized to capture and treat 1.5 times the remaining portion of the water quality design volume. Alternatively, flow-through biofillration BMPs that provide a total volume of at least 0.75 times the remaining water quality design volume may be used. Although ii is not anticipated to be the case for the Specific Plan area, if both of these structural LID BMP options are not technically feasible, on-site treatment shall occur in conjunction with off-site retention volume mitigation. Trash Management Control BMPs EPF WQ-27 Prior to the issuance of a building permit, the Specific Plan applicant shall cause to be installed and maintained full trash capture systems in storm drains that receive runoff from the Specific Plan area. EPF WQ-28 Prior to the issuance of a building permit, the Specific Plan applicant shall protect trash storage areas from rainfall, run-on, runoff, and wind dispersal. The Specific Plan will include the following source control BMPs to address trash storage areas: • Trash container areas will be designed so that drainage from adjoining roofs and pavement is diverted around the area to prevent run-on. • Trash container areas will be screened or walled to prevent off-site transport of trash. • Roofs, awnings, or attached lids will be provided on all trash containers to prevent rainfall from entering the cohtainers. • Storm drain inlets will be located away from the immediate vicinity of the trash storage area. • Signs will be posted on all dumpsters informing users that hazardous material is not to be disposed of. Agricultural Operation BMPs EPF WQ-29 Prior to the issuance of a building permit in the Visitor-Servicing Commercial area, a nutrient management plan that includes the following components: • Apply nitrogen (NJ and phosphorus (P) at recommended rates for realistic yield goals. Through precision farming techniques, yield and fertilization can be optimized. • Use proper timing, formulation, and application methods for nutrients that maximize plant utilization of nutrients and minimize the loss to the environment. This includes split applications and banding of the nutrients, use of nitrification inhibitors and slow-release fertilizers, and incorporation or injection of fertilizers, manures, and other organic sources. • Coordinate irrigation water management with nutrient management. For example, in-field measurement of crop and soil N status during the growing season can be coupled with high- frequency irrigation to match N applications with crop needs and reduce N losses. Irrigation should also be managed to minimize leaching and runoff. • Use buffer areas to address concerns on fields where the risk of environmental contamination is high. Buffers may be necessary between urban development and agricultural operations. The site plan may need to be discussed with agricultural commissioner. EPF WQ-30 Prior to the issuance of a building permit in the Visitor-Serving Commercial zone, an Integrated Pest Management plan shall be completed for crops exceeding 20 acres that includes the following components: • Identify potential pests. Identify plant species and pests for each plant. Provide materials (e.g., field manual) and tools (e.g., hand lens) to facilitate identification. • Establish monitoring guidelines for each pest. Monitorinq procedures should include regular visual inspection or checkinq with traps and methods to quantify observations. Monitor for both 15 ,0 I N 1,0 Q ENVIRONMENTAL PROTECTION FEATURES pests and beneficial insects. Use the monitoring program to evaluate when pests may become intolerable and to evaluate the level of effectiveness of controls. • Establish injury levels and action thresholds for each pest. The injury level is the number of pests associated with intolerable damage. Action thresholds are the set of conditions required to trigger a control action, usually pesticide application. • Establish a recordkeeping system. Include observations such as: o Identification of pest species and how the identification was made o The density of the pest infestation a The geographic distribution of the pest problem a Complete information on how the problem was treated , including the effectiveness o Side effects of the treatment on non-target species a Public complaints that arise and positive feedback received • Develop a list of acceptable management strategies for each pest. For example, modify landscaping to be less conducive to pest survival, use pest-resistant plant varieties, encourage naturally occurring biological controls, educate the public to be more tolerant of pests, remove pests mechanically or with barriers and traps, and develop a list of the least toxic pesticides to the environment and formulations that will control the pest if other methods are not successful. • Develop specific criteria for selecting pest management methods; for example, least disruptive to natural controls, least damaging to water quality. • Develop pesticide application guidelines/checklist. For example, make sure the application equipment is calibrated correctly; keep written records of any pesticide application. • Designate responsible parties to implement each step. • Develop a list of resources. • Consider the Integrated Pest Management plan as an adaptive program . EPF WQ-31 Prior to the issuance of a grading permit. the following erosion and sediment control measures shall be applied to the agricultural areas within the Specific Plan area: • Ensure that runoff will discharge to desilting basins. • Establish and maintain perennial vegetative cover on fallowed land. Hazards and Hazardous Materials EPF HAZ-1 The nutrient management, pesticide management, and erosion and sediment control set forth in Water Quality (see EPF WQ-29, EPF WQ-30, and EPF WQ-31 above) shall be implemented as part of the Specific Plan. 16 ENVIRONMENTAL PROTECTION FEATURES Land Use There are no land use effects; and, therefore, no environmental protection features are identified. Mineral Resources There are no mineral resources effects; and, therefore, no environmental protection features are identified. Noise EPF NOl-1 Prior to the issuance of a grading permit, the Specific Plan applicant shall ensure that: . All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers . . Temporary sound barriers/ shielding shall be installed. This may comprise shielding of equipment in the vicinity of non-mobile equipment where this is the source, or alternatively, shielding at the site boundaries (i.e., the northern, southern, and eastern sides, where adjacent residences are closest). . Construction noise reduction methods, such as shutting off idling equipment, installing temporary acoustic barriers around stationary construction noise sources, maximizing the distance between construction equipment staging areas and occupied residential areas, and using electric air compressors and similar power tools rather than diesel equipment, where feasible. . During construction, stationary construction equipment shall be placed such that emitted noise is directed away from or shielded from sensitive noise receivers . . During construction, stockpiling and vehicle staging areas shall be located as far as practical from noise-sensitive receptors . . Construction activities within the Specific Plan area shall be limited to the following hours: Monday through Friday from 7:00 a.m. to 6:00 p.m. and Saturday 8:00 a.m. to 6:00 p.m. No work shall occur on Sundays or federal holidays. EPF NOl-2 The following noise control measure represents a best practice to reduce construction noise at adjacent biological habitat areas: . Construction shall not occur within a 500-foot buffer of biological habitat areas during the breeding season (February 15 through September 1 ); alternatively, measures (such as installation of temporary noise barriers if needed) will be taken to ensure that noise levels from construction do not exceed either the ambient noise level or 60 A-weighted decibels equivalent sound level, whichever is greater. Population and Housing There are no population and housing effects; and , therefore, no environmental protection features are identified. Fire Protection EPF FP-1 The Specific Plan applicant and the fire marshal shall identify all Specific Plan-applicable fire protection measures (fire flows, fire hydrant locations, building sprinklers) to serve the Specific Plan. Fire hydrants shall be considered public improvements and be served bv oublic water mains. The plans for such service shall be subject to review in accordance with the exclusive 17 0 I N 1.0 N ENVIRONMENTAL PROTECTION FEATURES provisions set forth in Chapter 6.4. Specific Plan Procedures and Process, of the Specific Plan. Po/fee Protection There are no police protection effects; and, therefore, no environmental protection features are identified. Schools EPF SCH-1 Prior to the issuance of a building permit, the Specific Plan applicant shall provide proof to the City Planner that the Specific Plan applicant has satisfied its obligation to provide school facilities fees. Libraries LB-1 The Specific Plan applicant shall pay the citywide Public Facilities Fee, the License Tax on new construction, and the CFO No. 1 special tax (if applicable), subject to any authorized credits. The Specific Plan applicant shall also pay any applicable Zone 13 Local Facilities Management Plan Fee. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, building permits shall not be issued. Parks and Recreation EPF REC-1 Prior to the issuance of a certificate of occupancy for the Visitor-Serving Commercial area, the trail network shall be constructed by the Specific Plan applicant, as a private trail open to the public and shall be the maintenance responsibility of the Specific Plan applicant. Traffic and Circulation City Improvements EPF TRA-1 Payment of Citywide Traffic Impact Fee (TIF) • Timing of Improvement: TIF paid as part of building permit. EPF TRA-2 Payment of District 3 Bridge & Thoroughfare Fee • Timing of Improvement: BDF paid as part of building permit. EPF TRA-3 Cannon Rd/El Camino Real • Description: Widen El Camino Real northbound approach to provide three through lanes and one right turn lane and add second southbound left turn lane (Improvement is included in current TIF program). • Fair Share: 5% 18 ENVIRONMENTAL PROTECTION FEATURES • Specific Plan Contribution: Payment of TIF. • Timing of Improvement: Expected to be in place by end of 2016; however, the City will monitor location as part of its Growth Management Program and implement improvements to maintain performance standards accordingly. EPF TRA-4 Palomar Airport Rd/College Blvd • Description: Widen southbound approach to provide second through lane (Improvement is included in current TIF program). • Fair Share: 4% • Specific Plan Contribution: Payment of TIF. • Timing of Improvement: City will monitor location as part of its Growth Management Program and implement improvements to maintain performance standards accordingly or earlier. EPF TRA-5 Alga Rd-Aviara Pkwy/El Camino Real • Description: Provide separate northbound right-tum lane (Improvement is included in current TIF program). • Fair Share: 1 % • Specific Plan Contribution: Payment of TIF. • Timing of Improvement: City will monitor location as part of its Growth Management Program and implement improvements to maintain performance standards accordingly or earlier. EPF TRA-6 Tamarack Ave/El Camino Real • Description: Provide three lanes in each direction on El Camino Real and add second northbound le.ft-turn lane as funded through current TIF and Robertson Ranch development. Also, re-stripe to add 2nd westbound left-turn lane and reduce eastbound departure leg to one lane (road diet on Tamarack from Skyline Road to Carlsbad Village Drive); will be implemented as part of City re-surfacing project. • Fair Share: 3% • Specific Plan Contribution: Specific Plan contribution to El Camino Real widening will be through payment of TIF. Specific Plan will also pay for 100% of re-striping cost of $100,000. The cost of the re-striping improvement will be reimbursed minus the Specific Plan's fair-share amount of $3,000, with $97,000 being subject to reimbursement. Therefore, at the time that building permits are pulled under the Specific Plan, the total of $100,000 shall be paid to the City. • Timing of Improvement: El Camino Real improvements are expected to be completed by end of 2016. Re-surfacing of Tamarack and road diet anticipated by end of 2019. However, in both cases, the City will monitor locations as part of its Growth Management Program and implement improvements to maintain performance standards accordingly. EPF TRA-7 Cannon Rd/Paseo del Norte-Sile Dwy • Description: Provide southbound right-tum out lane at inbound site driveway (at new midblock intersection on Cannon Road between Paseo del Norte and Car Country Drive) to provide optional access to the Paseo del Norte intersection and increased egress capacity from the site. • Fair Share: 100% • Specific Plan Contribution: Specific Plan to fund and build improvement. • Timina of lmnrovement: City will monitor location as oart of its Growth Management Program and Specific Plan applicant will implement improvement to maintain Citv 19 ENVIRONMENTAL PROTECTION FEATURES performance standards accordingly or earlier. EPF TRA-8 El Camino Real/Faraday Ave • Description: Install southbound and westbound right-tum overlap signal phases. • Fair Share: 1 % • Specific Plan Contribution: Specific Plan will pay for 100% of the improvement cost of $50,000. The cost of the improvement will be reimbursed minus the Specific Plan's fair- share amount of $500, with $49,500 being subject to reimbursement. Therefore, at the time that building permits are pulled under the Specific Plan, the total of $50,000 shall be paid to the City. • Timing of Improvement: City will monitor location as part of its Growth Management Program and implement improvements to maintain performance standards accordingly or earlier. EPF TRA-9 Palomar Airport Rd/Paseo del Norte • Description: Developer/Gas Tax funded CIP improvement to add separate eastbound right turn lane and to lengthen eastbound left turn pocket. Also, re-stripe southbound through/right-tum lane as right-turn only and install overlap phasing. • Fair Share: 4% • Specific Plan Contribution: Specific Plan will pay for 100% of re-striping cost of $75,000, plus its fair share (equally 4%) toward the CIP improvements which total $797,000. The Specific Plan's fair share toward the CIP improvements equals $31 ,880. The cost of re-striping will be reimbursed minus the Specific Plan's fair-share amount of $3,000, with $72,000 being subject to reimbursement. Therefore, at the time that building permits are pulled under the Specific Plan , the total of $106,880 shall be paid to the City. • Timing of Improvement City will monitor location as part of Its Growth Management Program and implement improvements to maintain performance standards accordingly or earlier. EPF TRA-10 Palomar Airport Rd/Armada Dr • Description: Re-stripe southbound through lane as through/right-tum lane and re-stripe northbound through/right-tum lane as through lane and install northbound right-tum overlap phasing. • Fair Share: 5% • Specific Plan Contribution: Specific Plan will pay for 100% of the improvement cost of $50,000. The cost of the improvement will be reimbursed minus the Specific Plan's fair- share amount of $2,500, with $47,500 being subject to reimbursement. Therefore, at the lime that building permits are pulled under the Specific Plan, the total of $50,000 shall be paid to the City. • Timing of Improvement: City will monitor location as part of its Growth Management Program and implement improvements to maintain performance standards accordingly or earlier. EPF TRA-11 Palomar Airport Rd/El Camino Real • Description: Install adaptive signal system at 22 lntersections on El Camino Real, Palomar Airport Road, Paseo del Norte and Cannon Road. • Fair Share: 2% • Specific Plan Contribution: Specific Plan will pay $140,000 for installation of adaptive signals at 7 locations (at $20,000 each) where intersection impacts have been identified alonq El Camino Real, Palomar Airport Road, Paseo del Norte and Cannon Road. 20 ENVIRONMENT AL PROTECTION FEATURES • Timing of Improvement Ctty initiating pilot program in 2015 and full implementation is anticipated before 2019. However, the City will monitor location as part of its Growth Management Program and implement improvements to maintain performance standards accordingly or earlier. Caltrans Improvements EPF TRA-12 Northbound and Southbound 1-5 mainline from La Costa Ave to Carlsbad Village Drive • Description: Provide an additional mainline mixed-How or Express/HOV travel lane in each direction. The 1-5 NCCP will construct four new express lanes (two in each direction) through the impacted sections. The improvements also include extending auxiliary lanes on 1-5 from Palomar Airport Road to Cannon Road and from Cannon Road to Tamarack Avenue in both directions. • Fair Share: 2-3% (varies by segment). • Specific Plan Contribution: Specific Plan will pay fair-share contribution towards this impacted component of the 1-5 NCCP project. EPF TRA-13 1-5 Southbound On-ramp at Tamarack Ave • Description: Widen on-ramp to provide two mixed flow lanes and one HOV lane. The 1-5 NCCP will widen the ramp to Include a second mixed flow lane on Tamarack Avenue, as well as construct a southbound auxiliary lane from Tamarack Avenue to Cannon Road. This will provide additional vehicle queuing capacity on the ramp and allow adjustment of the ramp metering rate to reduce queuing. • Fair Share: 3% • Specific Plan Contribution: Specific Plan will pay fair-share contribution towards this impacted component of the 1-5 NCCP project. EPF TRA-14 1-5 Southbound On-ramp at Cannon Rd • Description: Provide downstream capacity in the form of an additional mainline lane and/or auxiliary lane(s) lo allow for adjustment of ramp metering timing. The 1-5 NCCP will construct four new express lanes (two in each direction) through the impacted sections. The improvements also Include extending auxiliary lanes on 1-5 from Palomar Airport Road to Cannon Road and from Cannon Road to Tamarack Avenue in both directions. This additional capacity will allow for adjustment of the ramp metering rate to reduce queuing. • Fair Share: 3% • Specific Plan Contribution: Specific Plan will pay fair-share contribution towards this impacted component of the 1-5 NCCP project. EPF TRA-15 l-5 Northbound Ramps at Cannon Rd • Description: Dedicate right-of-way and re-construct the westbound approach of Cannon Road to include two through lanes and two dedicated right-turn lanes. This improvement will provide more queuing space for right-turning traffic and increase capacity for traffic traveling westbound through the interchange. • Fair Share: 100% • Specific Plan Contribution: Specific Plan will pay for and construct this improvement as part of the site frontage improvements. Section 4.21 Water Service EPF WS-1 The Specific Plan shall be approved upon the express condition that building permits shall not be issued for the Specific Plan area, unless adequate water facilities are available at 21 ENVIRONMENTAL PROTECTION FEATURES the time of permit issuance and will continue to be available until time of occupancy. EPF WS-2 The Specific Plan applicant shall design and construct public facilities within public right-of-way or within minimum 20-foot-wide easements granted to the City of Car1sbad. Wider easements may be required for adequate maintenance, access and/or joint utility purposes, in accordance with the exclusive provisions set forth In Chapter 6.4, Specific Plan Procedures and Process, of the Specific Plan. The Specific Plan applicant shall dedicate public water easements, if necessary, for the proposed pressure reducing station in conjunction with a review by the district engineer, in accordance with the exclusive provisions set forth in Chapter 6.4, Specific Plan Procedures and Process, of the Specific Plan. EPF WS-3 The Specific Plan applicant shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map for processing by the district engineer, in accordance with the exclusive provisions set forth in Chapter 6.4, Specific Plan Procedures and Process, of the Specific Plan. EPF WS-4 The Specific Plan applicant shall install potable water and/or recycled water services and meters at locations identified by the district engineer, in accordance with the exclusive provisions set forth in Chapter 6.4, Specific Plan Procedures and Process , of the Specific Plan. The locations of said services shall be reflected on public improvement plans. EPF WS-5 The Specific Plan applicant shall design and construct public water and recycled water facilities in conjunction with the district engineer and city engineer, in accordance with the exclusive provisions set forth in Chapter 6.4, Specific Plan Procedures and Process, of the Specific Plan. EPF WS-6 The Specific Plan applicant shall pay the Citywide Public Facilities Fee, the License Tax on new construction, and the CFO No. 1 special tax (if applicable), subject to any authorized credits. The Specific Plan applicant shall also pay any applicable Zone 13 Local Facilities Management Plan Fee. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, building permits shall not be issued. Sewer Service EPF SS-1 The Specific Plan applicant shall pay the citywide Public Facilities Fee, the License Tax on new construction, and the CFO No. 1 special lax (if applicable), subject to any authorized credits. The Specific Plan applicant shall also pay any applicable Zone 13 Local Facilities Management Plan Fee. All such laxes/fees shall be paid at issuance of building permit. If the laxes/fees are not paid, building permits shall not be issued. EPF SS-2 Building permits will not be issued within the Specific Plan area unless the district engineer has determined that adequate sewer facilities are available at the time of building permit issuance and will continue to be available until time of occupancy. EPF SS-3 The Specific Plan applicant shall cause to be dedicated to the City the easements for public sewer. All land so offered shall be free and clear of all liens and encumbrances and without cost to the City of Carlsbad. EPF SS-4 The Specific Plan applicant shall design and construct public facilities within public right-of-way or within minimum 20-foot-wide easements granted to the district or the City of Carlsbad. At the discretion of the district or city engineer, wider easements may be required for adequate maintenance, access, and/or joint utility purposes, in accordance with the exclusive provisions set forth in Chapter 6.4. Specific Plan Procedures and Process, of the Specific Plan. EPF SS-5 The Specific Plan applicant shall design and construct public sewer facilities, in accordance with the exclusive provisions set forth in Chapter 6.4, Spedfic Plan Procedures and Process, of the Specific Plan. Solid Waste EPF SW-1 The Specific Plan must comply with the City's existinq reaulations related to solid waste, which requires the seareoation of solid waste , recyclable materials, and qreen waste. 22 ENVIRONMENTAL PROTECTION FEATURES The City currently diverts approximately 57% of the solid waste generated within its jurisdiction from landfills and is in compliance with all federal, state, and local statutes and regulations related to solid waste. The Specific Plan shall also be consistent with the statewide goal of 75% waste diversion. Energy Refer to Air Quality, above. EPF ENR-1 The Specific Plan applicant shall design and construct public facilities within public right-of-way or within minimum 20-foot-wide easements granted to the City of Carlsbad, in accordance with the exclusive provisions set forth in Chapter 6.4, Specific Plan Procedures and Process, of the Specific Plan. At the discretion of the district or city engineer, wider easements may be required for adequate maintenance, access, and/or joint utility purposes. Socioeconomic Effects There are no fiscal or economic effects result in physical impacts; and, therefore, no environmental protection features are identified. 23 C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS APPENDIX C Legal Description Q-298 C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego, and described as follows: Parcel 10 of Certificate of Compliance recorded October 30, 2001 as File No. 2001-0789074, being a portion of Lot H of Rancho Agua Hedionda, in the City of Carlsbad County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, more particularly described as follows: Commencing at the most Northerly comer of Parcel A of a Certificate of Compliance recorded November 22, 199.5 as File No. 1995-0532900; thence along the Northeasterly line thereof South 33° 44' 36" East 1,290.81 feet; thence South 71° 40' 52" East, 1,586.90 feet; thence South 53° 19' 03" East 893.14 feet; thence South 64° 01' 56" East, 2,257.42 feet to the true point of beginning; thence leaving said Northeasterly line South 08° 21' 57" East, 182.60 feet; thence South 83° 25' 06" West, 313.69 feet; thence South 62° 01' 07" West, 160.23 feet; thence North 76° 53' 47" West, 269.28 feet; thence South 55° 39' 38" West, 381.01 feet; thence South 66° 59' 23" West, 594.40 feet; thence South 87° 02' 46" West, 210.53 feet; thence North 64° 43' 30" West 244.66 feet; thence North 74° 31' 19" West, 186.69 feet; thence North 17° 29' 43" West, 220.16 feet; thence North 83° 34' 03" West, 514.52 feet; thence North 80° 57' 43" West, 209.62 feet; thence North 72° 35' 04" West, 308.66 feet; thence North 45° 17' 25" West, 291.62 feet; thence North 53° 58' 34" West, 226.98 feet; thence North 64° 17' 22" West, 177.48 feet; thence North 70° 53' 29" West 346.91 feet; thence North 48° 58' 53" West 87.04 feet to the Northeasterly corner of Certificate of Compliance recorded November 1, 1985 as File No. 85-411922; thence along the Easterly line thereof South 22° 27' 28" East, 1,994.40 feet to a point on a curve concave Southerly having a radius of 1,051.00 feet; said point being on the Northerly line of Cannon Road to which a radial bears North 07° 46' 16" West; thence Easterly 353.93 feet along said curve and said Northerly line of Cannon Road through a central angle of 19° 17' 41 "; thence South 78° 28' 35" East 767.23 feet; thence leaving said Northerly line South 11 ° 31' 25" West, 51.00 feet to the centerline of said Cannon Road; thence along said centerline South 78° 28' 3 5" East, 83 5 .93 feet to the Westerly line of Parcel B of Certificate of Compliance recorded November 22, 1995 on File No. 1995- 0532901; thence along the boundary thereof North 11 ° 31' 25" East, 51.00 feet to the Northerly right-of-way of Cannon Road; thence North 06° 29' 19" East, 323.42 feet to the Southwest corner of the Encina Hub Park Lease as shown on Record of Survey Map No. 12462; thence Easterly along the Southerly line of said Encina Hub Park South 84° 52' 07'' East, 2,075.76 feet; thence leaving said line South 39° 27' 15" East, 241.06 feet; thence South 85° 03' 35" East, 84.61 feet; thence South 38° 58' 33" East, 274.45 feet; thence North 62° 59' 30" East, 158.03 feet; thence North 83° 53' 25" East, 164.59 feet; thence South 18° 51' 24" East, 200.23 feet to a point on a curve concave Northerly having a radius of2,000 feet to which a radial bears South 03° 09' 01" West; thence Easterly 412.95 feet along said curve through a central angle of 11 ° 49' 49"; thence North 81 ° 19' 12" East 321.89 feet to a point on the Westerly line of Lot F of said map No. 823; thence along said Westerly line North 00° 04' 42" East, 592.04 feet to a point 8 of said Lot F; thence North 07° 20' 13" East, 1,219.61 feet to the North line of said Lot F; thence along said North line North 86° 51' 28" West, 2,025.21 feet to Point 6 of Lot F; thence North 64° 01' 56" West, 275.00 feet to the true point of beginning. Excepting therefrom that portion of Lot Hof Rancho Agua Hedionda as described as the exception Parcel in said Certificate of Compliance recorded November 22, 1995 as File No. 1995-0532900, described as follows: Beginning at the true point of beginning of said exception parcel; thence North 21 ° 56' 23" West, 234.00 feet (North 21 ° 57' 46" West Record); thence North 68° 03' 37" East, 260.32 feet; thence South 21 ° 56' 23" East, 234.00 feet; thence South 68° 03' 37" West, 260.32 feet to the point of beginning. File Number: 426460 Page 3 of13 Q-299 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS (End of Legal Description) File Number: 426460 Page4ofl3 Q-300 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS Order No.: Escrow No: 426460 426460 EXHIBIT "A" LEGAL DESCRIPTION The land ref erred to herein is situated in the State of California County of San Diego, and described as follows: Parcel 10 of Certificate of Compliance recorded October 30, 2001 as File No. 2001-0789074, being a portion of Lot H of Rancho Agua Hedionda, in the City of Carlsbad County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, more particularly described as follows: Commencing at the most Northerly comer of Parcel A of a Certificate of Compliance recorded November 22, 1995 as File No. 1995-0532900; thence along the Northeasterly line thereof South 33° 44' 36" East 1,290.81 feet; thence South 71 ° 40' 52" East, 1,586.90 feet; thence South 53° 19' 03" East 893.14 feet; thence South 64° 01' 56" East, 2,257.42 feet to the true point of beginning; thence leaving said Northeasterly line South 08° 21' 57" East, 182.60 feet; thence South 83° 25' 06" West, 313.69 feet; thence South 62° 01' 07" West, 160.23 feet; thence North 76° 53' 47" West, 269.28 feet; thence South 55° 39' 38" West, 381.01 feet; thence South 66° 59' 23" West, 594.40 feet; thence South 87° 02''46" West, 210.53 feet; thence North 64° 43' 30" West 244.66 feet; thence North 74° 31' 19" West, 186.69 feet; thence North 17° 29' 43" West, 220.16 feet; thence North 83° 34' 03" West, 514.52 feet; thence North 80° 57' 43" West, 209.62 feet; thence North 72° 35' 04" West, 308.66 feet; thence North 45° 17' 25" West, 291.62 feet; thence North 53° 58' 34" West, 226.98 feet; thence North 64° 17' 22" West, 177.48 feet; thence North 70° 53' 29" West 346.91 feet; thence North 48° 58' 53" West 87.04 feet to the Northeasterly comer of Certificate of Compliance recorded November 1, 1985 as File No. 85Al 1922; thence along the Easterly line thereof South 22° 27' 28" East, 1,994.40 feet to a point on a curve concave Southerly having a radius of 1,051.00 feet; said point being on the Northerly line of Cannon Road to which a radial bears North 07° 46' 16" West; thence Easterly 353.93 feet along said curve and said Northerly line of Cannon Road through a central angle of 19° 17' 41"; thence South 78° 28' 35" East 7 67 .23 feet; thence leaving said Northerly line South 11 ° 31' 25" West, 5 I. 00 feet to the centerline of said Cannon Road; thence along said centerline South 78° 28' 35" East, 835.93 feet to the Westerly line of Parcel B of Certificate of Compliance recorded November 22, 1995 on File No. 1995-0532901; thence along the boundary thereof North 11 ° 31' 25" East, 51.00 feet to the Northerly right-of-way of Cannon Road; thence North 06° 29' 19" East, 323.42 feet to the Southwest corner of the Encina Hub Park Lease as shown on Record of Survey Map No. 12462; thence Easterly along the Southerly line of said Encina Hub Park South 84° 52' 07'' East, 2,075.76 feet; thence leaving said line South 39° 27' 15" East, 241.06 feet; thence South 85° 03' 35" East, 84.61 feet; thence South 38° 58' 33" East, 274.45 feet; thence North 62° 59' 30" East, 158.03 feet; thence North 83° 53' 25" East, 164.59 feet; thence South 18° 51' 24" East, 200.23 feet to a point on a curve concave Northerly having a radius of 2,000 feet to which a radial bears South 03° 09' 01" West; thence Easterly 412.95 feet along said curve through a central angle of 11 ° 49' 49"; thence North 81 ° 19' 12" East 321.89 feet to a point on the Westerly line of Lot F of said map No. 823; thence along said Westerly line North 00° 04' 42" East, 592.04 feet to a point 8 of said Lot F; thence North 07° 20' 13" East, 1,219.61 feet to the North line of said Lot F; thence along said North line North 86° 51' 28" West, 2,025.21 feet to Point 6 of Lot F; thence North 64° 01' 56" West, 275.00 feet to the true point of beginning. Q-301 C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS Excepting therefrom that portion of Lot H of Rancho Agua Hedionda as described as the exception Parcel in said Certificate of Compliance recorded November 22, 1995 as File No. 1995-0532900, described as follows: Beginning at the true point of beginning of said exception parcel; thence North 21 ° 56' 23" West, 234.00 feet (North 21 ° 57' 46" West Record); thence North 68° 03' 3 7" East, 260.32 feet; thence South 21 ° 56' 23" East, 234.00 feet; thence South 68° 03' 37" West, 260.32 feet to the point of beginning. (End of Legal Description)) Q-302 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBITR TO THE INITIATIVE HUB PARK LEASE ATTACHED FOR INFORMATIONAL PURPOSES ONLY INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY .. ·-1238 ' .. ,~- L E A S E THIS LEASE, made and entered into as of the 10th day of November , 19~, by and between SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation, hereinafter called "Lessor", and the CITY OF CARLSBAD, CALIFORNIA, a municipal corporation, hereinafter called "Lessee", WITNESS ETH: WHEREAS, In 1971 Lessor requested specific plan approval for certain public utility operations in the City of Carlsbad; and WHEREAS, In the course of processing said request Lessor offered to make a portion of the property covered by the specific plan available to the Lessee for park and recreational purposes, and WHEREAS, Said offer was accepted by Lessee and incorpor~ ated in Ordinance No. 9279 which approved the specific plan as a condition thereof; and WHEREAS, In accordance with Section 2, Condition No. 3, of Ordinance No. 9279, Lessor and Lessee have resolved the details regarding the lease of certain hereinafter described real property: NOW, THEREFORE, in consideration of the performance of the terms and conditions hereof the parties agree as follows: 1. Leased Premises. Lessor does hereby lease to Lessee EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY R-1 C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY •' .. 1239 those certain premises located in the City of Carlsbad, State of California, containing approximately ninety-one (91) acres as generally shown on the map marked Exhibit "A", attached hereto and made a part hereof. Lessor shall survey the premises within ninety (90) days of the execution of this lease and shall furnish Lessee with a legal description to be attached hereto as Exhibit "B" and made a part hereof. 2. Use. The leased premises may be used by Lessee for park and recreation purposes which shall be supervised to the same extent as other comparable properties owned by Lessee and used for the same purpose. Lessee shall not use the leased premises for any commercial or business purpose that does not reasonably relate to the use of the premises for park and recreation purposes. 3. Term. The term of this lease shall be for a period of sixty (60) years commencing on thelOthday of November I 19~, and ending on the9th day of November , 2035 4. Renewal. Within ninety (90) days from the expiration of the initial sixty (60) year term, and each succeeding term thereafter, the parties may by written mutual agreement renew this lease for three (3) additional periods, each consisting of a ten (10) year term, plus one (1) additional term of nine (9) years. In no event shall the cumulative terms exceed ninety-nine (99) years. 5. Additional Construction. This lease is made upon the express condition that the leased premises will be available for 2. EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY R-2 - INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY 1240 use by Lessor at any and all times for the repair or maintenance of existing and future facilities, as well as all other operations necessary in connection with its public utility operations. It is understood that Lessor may construct additional electrical trans- mission lines and/or other utility lines upon the leased premises and reserves the right to accomplish said construction. Lessor shall make reasonable efforts to coordinate such activities with Lessee to minimize the interference with the Lessee's use of the prem~ses. 6. Rent. Lessee agrees to pay Lessor rent based on the amount of one half of the taxes assessed against the leased premises and paid by Lessor, but in no case shall the amount paid by the City exceed the sum of fourteen thousand dollars ($14,000) annually. Lessee and Lessor shall take all reasonable steps to relieve Lessor of the real property tax liability on the leased premises for the term of the lease or any renewal as herein provided. The obligation of Lessee to pay rent shall not commence until five (5) years after execution of this lease or until Lessee has adopted a plan of develop- ment for the premises and obtained all permits necessary to accomplish the development, whichever occurs later. 7. Improvements. Lessee shall have the right to construct improvements upon the leased premises. Lessee agrees to consult with Lessor regarding any proposed improvements prior to the commencement of construction. No improvements, including grading or structures of any type, shall interfere with Lessors public utility facilities or operations on the leased premises. Lessor may relocate in a mutually agreeable manner any such improvement at Lessor's expense. Lessor will take every reasonable means to avoid relocation of Lessee's improvements. Upon termination of this lease, after receipt of a written demand from Lessor, Lessee shall remove all improvements 3. EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY R-3 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY 1241 within ninety (90) days at Lessee's expense. 8. Protection and Patrols. Lessee agrees to police, regulate, and control the entry and activities in and upon the leased premises to the same extent as other comparable property owned by Lessee. In addition, Lessee will take reasonable steps to protect all Lessor-owned property surrounding or adjacent to the leased premises and exterior thereto so as to minimize any and all disturbances and damages, including the possibility of damage to property and injuries to persons incident to the use of said premises by any person entering thereon. Said protection shall be consistent with the protection given to other private property in the City of Carlsbad. 9. Waste. Lessee shall not commit, suffer, nor permit any waste, nuisances, or unlawful acts on the leased premises, and shall at all times maintain the same in a clean and sanitary con- dition in compliance with all applicable rules, laws, regulations, and ordinances respecting health and safety of the City of Carlsbad and County of San Diego, and the State of California. 10. Right of Entry. Lessor reserves the right to enter upon the leased premises at any time for the purpose of viewing, patroling and inspecting the same to see if Lessee is faithfully complying with the terms and conditions of this lease. 11. Rights of Lessee. Lessee shall have no rights nor acquire any interest in or to the leased premises other than as provided in this lease and as a lessee and tenant thereof. 12. Default. Should default be made in the performance of any of the terms and conditions of this lease and such default shall continue for sixty (60) days after Lessee has been notified 4. EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY R-4 ·, . C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY 1242 in writing of such default, then Lessor may re-enter, take possession of said premises, and remove any and all persons and property of Lessee therefrom. 13. Assignment. Lessee shall not assign this lease nor sublease the leased premises except upon.the written consent of Lessor which shall not be unreasonably withheld. Subject to the terms and provisions of this lease, Lessee may make any joint use agreement for the use or improvement of the premises and may grant permits, licenses or priviledges to any agency, person or partner- ship to enter upon and/or use any or all of the leased premises, upon terms and conditions as the Lessee deems necessary or desirable. 14. Waiver. Any waiver by Lessor of any breach of one or more of the terms, covenants, and conditions of this lease shall not be a waiver of any subsequent or other breach. of the same, or of any other term or condition hereof. 15. Indemnity. Lessee hereby agrees to indemnity, save and hold Lessor harmless from and against any and all demands, claims, suits, loss, damage, injury, resulting from any act or omission of Lessee, its employees, agents, permittees, invitees, or other persons upon the leased premises with or without the consent of Lessee to the person or persons, or property or proper- ties of any person, including injury to or death of any person in any way arising from use and occupancy of the leased premises by Lessee, its agents, servants, employees, or invitees, whether actual or implied by law. It is the mutual intention and agreement of the parties that the foregoing indemnity provisions shall extend to any and 5. EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY R-5 ,. INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY . . . . 1243 .. . ail damages suffered by Lessor to its property adjacent to the leased premises or injury to or death of any person upon the ad- jacent property in any way arising from the use or occupancy of the leased premises, occasioned by the negligent, willful, or intentional acts or omissions of any persons using and who may be in or upon the leased premises. 16. Liability Protection. Lessee agrees to include the leased property in the liability protection program in use for other property owned by-Lessee. 17. Notices. Notices to be given from or to either party may be addressed as follows: a. Lessor at 101 Ash Street, San Diego, California 92101. b. Lessee at 1200 Elm Avenue, Carlsbad, California 92008. Notices shall be deemed given hereunder when placed by either party in the United States mail, postage prepaid, certified, and properly addressed to the other. 18. Ordinance No. 9279, Section 2, 13-B, 1-3. It is agreed that construction of park improvements, under Paragraph 7 of this lease, are not considered development of Lessor's property as specified in Ordinance No. 9279, Section 2, 13-B, 1-3. 19. Existing Agricultural Lease. Lessee recognizes that a part of the park lease area is presently being leased by Lessor for agricultural purposes. Lessee agrees that Lessor may continue to lease this area for agricultural purposes and will not require the cancellation until Lessee's plans to develop the leased premises for its intended park use are ready to be implemented. Prior to 6. EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY R-6 .. INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY ·' . .. ... ' 1244 , ~mplementation, Lessee agrees to provide Lessor with one year's advance notice so that Lessor can arrange the termination of the agricultural use. IN WITNESS WHEREOF, the parties have individually executed and caused this lease to be executed for and on behalf of each by their respective officers or agents as of the day and year first above written. GO GAS & ELECTRIC COMPANY, corporation LESSOR CITY OF CARLSBAD, a Municipal Corporation the State of Californi1/ LEWIS L. CHASE, Vice Mayor 7. EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY R-7 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY TO 449 CA (5-73) I Corporation) STATE OF CALIFORNIA ~ COUNTY OF ~lfb-r.--~ } ss. 1245 C?f;:?1 TITLE INSURANCE ~ANDTRUST A TlcOR COMPANY t On ~_,.,....+ ~ Z I ? 7 , before me, the undersigned, a Notary Public in and for said · I State, personally appeared C?-!. « ll7~ • .., known to me to be the ~~ V~resident, and ---------------, ffi known to me to be ________ Secretary of the corporation that executed the within Instrument, :z: known to me to be the persons who executed the within ~ ln~trument on b!'half of the corporation therein named, and L aC'.knowledged to me that such corporation executed the within ~ instrument pursuant to its by-laws or a resolution of its board of directors. t WITNESS my hand and official seal. Signature"-+~ L /g_ '72'/~ Name (Typed or Printed) (This uea for official notarial seal) EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY R-8 ., INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY 1246 EXHIBIT B LEGAL DESCRIPTION OF HUB PARK SITE CITY Of CARLSBAD That portion ot Lots "F" and '!H" ot Rancho Agua Hedionda, in the City ot Carlsbad, County or San Diego, State ot California, according to Partition Map thereof No. 823, tiled in the 0rr1ce or the County Recorder ot said County, November 16, 1896, described as follows: Beginning at the corner common to Lota "11'0 , 1'H" and "I" ot aaid Rancho Agua Hedionda; thence along the Northerly line or aa1d Lot "P" South 86° 52' 04" East (record. South 87° 23' 211" East per Record or Survey No. 7938), 1456.25 reet; thence leaving said line South 22• 50' 04 11 West, 1273.28 feet to the beginning or a 9'49.00 toot radius tangent curve concave Northwesterly; thence Southwesterly along the arc or said curve through a central angle or 18° 39' 20", a distance or 309.00 reet; thence non-tangent North 84° 52' 43" West, 2517.07 feet; thence North 27° 23' 43~ West, 392.39 teet; thence North 84° 52' 43" West, 453.19 reet; thence North 07° 51' 43" Weat, 259.19 feet; thence North 89° 26 1 05" Weat, 4011.67 teet; thence North 16° 24' 38n West., 440 teet more or less to the mean high tide line or Agua Hedionda upper Lagoon; thence Southeasterly, Northeasterly and Northwesterly along aaid mean high t1de line to the Northeasterly line or said Lot "H"; thence along aaid line South 64° 01' 41" East, 275 feet more or less to the POINT OP BEGINNING. DESCRIPTION PREPARED BY ..B1iJJ~ CGM?AflCD SY _D.t./h __ sKEm1 r10.FIS'41J·n DATE I· 211 ~-,~ ________ £1 ____ _ EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY R-9 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY '2i i ! ~ J ~ d;. •;;" ~· . j"' -! 1 "'~n· ; .II •• IDllllill !·"··-·· l llllfllli !:'.::t;·:: i i i ! ~ ~ -" • ~ ~! §; I: ~~ ·~ :j. i i i. ': ;if :;;: i :i .. i ~ ~ s ~; :~!~g :; -: ~ ~ ~hii ~ ,P~•= ,; i~~~~ !, i!!_~! ~I("• I •• li .... ,~ .... ,.,;,, ... ,to -1;~"..J•- ' ., " I g i i ~ i ; e I ~ ! ; I ,~ -i 5 • ~ i'. ,; le ; ~ . -1: • ! = ~ • i •• •i . ..,,.-:;-':", ~ !i ~ t. . ·) •i i~ JJ }: -~~ [! ~ 'i i 6 ~ :: ij I 0 ~ i t ; '!, ' ~ ~ 9 ' ~ \ :'. a ;{ ~: : ~ ~: B A ! l,: • ! I! ~a s! I J I ...... --. I \ ./ ~ ; ' I. i ~ ,,. t § . . i 4 5 ~ ' ,. i !Ii t i j t ' I 1 iI. ~ I ;~~ !~.: ••1 I d,,, ... to .... , .. . 4; " - .;, ' / I UT ;r si . ~ • .. ,.. \;;I 2: ;<_ " "f ~ 3 u, -, !; L _J. "'" .. s ~ ' ... .. 0 ~ ;• .. "' i i i-: g: "' •• . 1i .,t z < ., ;,t1 m~ EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY R-10 C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBITS TO THE INITIATIVE BEACH ACCESS LEASE ATTACHED FOR INFORMATIONAL PURPOSES ONLY INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY - 2ND AMENDMENT TO LEASE This SECOND AMENDMENT TO LEASE is made and entered into this 22nd day of NOVEMBER , 1995 by and between SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation, ("COMP ANY''),as lessor and the CITY OF CARLSBAD, a Municipal Corporation ("CITY") as lessee, RECITALS A. Company and City entered into a lease of the Agua Hedionda Upper Lagoon, dated March 4, 1957 ("Lease"). B. Company and City entered into an AMENDMENT TO LEASE on April 1, 1962, which amended the lease by, among other things, adding the Agua Hedionda Middle Lagoon to the leased area. C. Company and City now wish to amend the Lease by canceling the Lease on the Middle Lagoon. NOW THEREFORE, it is mutually agreed between Lessor and Lessee as follows: 1. Paragraph 3 of the Amendment to Lease, is hereby amended to delete any reference to the Middle Lagoon, and shall read as follows: "The City covenants and agrees to police, regulate, and control the entry and activities in and upon the premises demised hereunder, described as the Upper Lagoon, and the posted picnic areas, and in addition, will protect all company owned property surrounding the demised premises, exterior to the portions herein demised, so as to minimize any and all disturbances and damages, including the possibility of damage to property and injury to persons incident to the use of said premises by any permittees, licensees, invitees, agents, employees or independent contractors of the City" EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY S-1 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY 2. Paragraph 14 of the Amendment to Lease is deleted, and the following is substituted in its place: "14. Both parties recognize and agree that due to the operation of the tides, flow of waters, and other causes not under the control of either party, certain subsurface obstructions, shoals, bars, and other potentially dangerous conditions, may develop from time to time in and under the surface of the waters of the Upper Lagoon, and the City, its agents, servants, employees, permitees, licensees, invitees, and other persons using and entering upon the Upper Lagoon and any of the premises herein demised, do so with knowledge and express notice of such conditions, and do hereby specifically release and hold the Company harmless from and against any claims, demands, or liabilities for damages or injuries occasioned by or resulting from such subsurface conditions." 3. To the extent that the above changes and modifications are at variance with the provisions of the Lease dated March 4, 1957, as amended, the provisions of this Lease are modified, altered and amended. All other terms and conditions of the Lease shall remain and continue in full force and effect. IN WI1NESS WHEREOF, the parties hereto have caused this Second Amendment to Lease to be executed by their authorized corporate representatives as of the day and year first above written. LESSOR: SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation ~cL~~~ By: Carlene A. Timm Real Estate Management & Planning, Manager LESSEE: CITY OF CARLSBAD, a Municipal Corporation rve By: Bud Lewis Mayor of the City of Carlsbad EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY S-2 r INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY . . • / . ., ~ .. ·.• .✓ AMENDMENT TO LEASE THIS AGREEMENT• made and entered into as of this 1st day of April, 1962, by and between SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation, hereinafter referred to as the 11Company11, as Lessor, and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as the "City", as Lessee, WITNESSETH: WHEREAS, the parties hereto have made and entered into a lease dated March 4, 1957, respecting certain demised premises therein described; and WHEREAS, the City and its inhabitants will enjoy certain recreational benefits by extending the term of the lease of the waters of the Upper Lagoon; and WHEREAS, since the execution of the said lease, the Company, at its own expense, has improved certain beach areas suitable for picnics and extends to the people of the City of Carlsbad the use of the surface of the waters of the Middle Lagoon, which the Company believes will add to the enjoyment of sports enthusiasts, vacationers and others pursuing aquatic sports, fishing, and relaxation; and WHEREAS, it is the intention of the parties hereto that the enjoyment of the premises hereinafter described shall be without prejudice or detri- ment to the Company in the use and operation of its facilities situated at or near the described premises; and WHEREAS~ the parties intend by this, as an amendment to said lease, to modify, extend, and change certain conditions thereof in accordance with the desires of the parties; NOW, THEREFORE, the parties agree that said iease is hereby amended in the following respects only: 1. The following is hereby substituted in the place and stead of Paragraph 2 of said lease and the same is hereby amended to read as follows: ~·· 1 EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY S-3 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY •, . " . II • !" • ' ' ~· ,, ... ~ -~ .. 11 2. This lease is hereby renewed and the term hereof is hereby extended for a period of ten (10) years, commencing on the 1st day of April, 1962, and ending on the 31st day of March, 1972. To assure to each. and to provide for certain rights and privileges of the parties, said extended term is divided into two equal periods of five (5} years each, and each such period is subject to the follow- ing conditions: a. The first period of five (5) years shall commence on the 1st day of April, 1962, and shall continue to and including the . 31st day of March, 1967, subject to all the other terms and con- ditions of this lease as amended. During the first period of such extension, the Lessee shall have the quiet and peaceable use of said demised premises, and during which period the Company has no planned expansion program which will affect the demised premises. It is specifically understood that the Company may enter upon the premises, under Paragraph 3 hereof, to perform such maintenance and repair work as shall be deemed necessary by the Company. b. The second period of five (5) years shall commence on the 1st day of April, 1967, and shall continue to and including the 31st da:y of March, 1972, during which period the Company, on a date as yet unascertained, will enter into a major construction program to provide additional facilities in order to provide better service to the City, its inhabitants, and others living in and near the area in which the demised premises are situated, and which program will involve and affect certain of the demised premises. To the extent necessary for the work required to be performed under such major construction program, the Company will from time to time interfere with and interrupt the use, and quiet and peaceable enjoyment of the demised premises by the Lessee, to 2 '. EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY S-4 C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY \ . , . '' '' . ... . •. which the Lessee hereby agrees. c. On and after the 31st day of March, 1972, this lease shall continue from year to year thereafter unless this lease is terminated by either party as provided in Paragraph 2~ below. d. Either party may terminate this lease by written notice to the other given not less than sixty ( 60) days prior to the 1st day of April of any year after 1971, and upon the giving of such notice this lease shall terminate as of the 1st day of April following the giving of such notice. e. In the event of such termination of this lease, any structural improvement which may have theretofore been erected or constructed on the leased premises by the City or its licensees or permittees shall be removed therefrom at the expense of the City within sixty (60) days from and after the date of termination. Either party hereto further reserves the right to terminate this lease at any time should the other fail to perform faithfully each and all of the conditions, covenants, and obligations on its part to be performed." 2. The following is hereby substituted in the place and stead of Paragraph 9 of said lease and the same is hereby amended to read as follows: "9. Notwithstanding any other provision~ contained in this lease, the Company reserves to itself the sole and exclusive use of the entire southerly bank of said Upper Lagoon, as shown· or indicated on 1Exhibit A2 attached hereto, except as hereinafter provided. a, The Company has established and posted certain 2picnic beaches1 on the southerly shore which the Company may .expand, or reduce in size and number at its sole optio~, and a_s to these, so long as the same may be so set aside, the City, its licensees, permittees~-and invitees~ may jointly 11se and enjoy said 1picnic beaches' for the sole purpose of recreation and diversion, and no part thereof shall be used for commercial activities, purposes, 3 EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY S-5 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT ATTACHED FOR INFORMATIONAL PURP.OSES ONLY . ,. _., -·. ·. -' '·. 'Y \ i .. . , " ~ . . . ,·· ... · ... ,, or endeavors of any kind or character, In the event of any dispute or question as to what constitutes a 1commercial activity1, the decision of the Company shall be binding and conclusive, The recreational activities on the southerly shore shall be confined to the posted areas. b .. -In consideration of the use and privilege extended to the City under Paragraph 9~ above, the City agrees, at its own expense and at no cost to the Company, to erect, provide, main- tain and service such suitable sanitary facilities as may be required fol'. the comfort and needs of the persons using said posted beach areas. c. The Company reserves the right at any time during the term of this lease, or an extension hereof, to grant to its employees or to an association of company employees, the right and privilege of access to and from· said Upper·Lagoon from the southerly bank thereof; and the Company further reserves the right to grant to said company employees or· to an association of said employees, the sole and exclusive right and privilege to erect a boat landing or boat landings or other structures on the southerly bank of said Upper Lagoon or in the waters adjacent thereto; and the Company further reserves the right to grant to said employees or association of employees a joint use with th~ City of the waters of the Upper Lagoon for recreational purposes, including fishing, boating and other similar sporting activities. d. The Company, its employees~ agents, servants, permit- tees and lice_ll.sees, shall have the right, without payment of any fee or compensation to the City or its licensees or permittees therefor:,· to enter upon the leased premises at any time for the purpose of operating, maintaining, and repairing any of said property. 4 EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY S-6 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT ATTACHED FOR INFORMATIONAL PU~OSES ONLY . . . , ·; . . . . a : . I . . . : : '-., .; e. It is understood and agreed by the Company and the City that any use of the leased premises by the employees, permittees and licensees of the Company shall be subject to the structural building requirements of the City of Carlsbad. and any safety and operational rules and regulations of said city." I .. ,. 3. The following is substituted in the place and stead of Paragraph 10 of said lease and the same is hereby amended to read as follows: 1110, The City covenants and agrees to police, regulate, and control the entry and activities in and upon the premises demised here- under, described as the Upper and Middle Lagoon, and the posted picnic areas, and, in addition, will protect all company-owned property sur- rounding the demised premises, exterior to the portions herein demised, so as to minimize any.and all disturbances and damages, including the possibility of damage to property and injury to persons incident to the use of said premises by any permittees, licensees, invitees. agents, employees cir independent. contractors of the City. '' 4. A new Paragraph 14 is added to said lease to read as follows: 1114. The Company further grants to the City the right.to use the surface of the waters of the lagoon generally referred to as the Middle Lagoon for recreational, sport. fishing and other similar pur- poses of the City and its licensees, permittees and invitees. a. The Middle Lagoon is designated and described for the purposes of this lease only, as that portion of the lagoon waters that lie between the easterly right of way line of the Santa Fe Railway and the westerly right of way line of the present Californict State Freeway 101. It is understood and agreed that any and all portion and portions of the Company1s contiguous shore lands lying above Mean Sea Level, USGS Datum~ is excluded herefrom. 5 EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY S-7 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY , ~ . . ■ II • . . . .. ~-J:. -. , .. ' l .... !' • ,..·-Ip . . . ,. b. Both parties recognize and agree that clue to the operation of the tides, flow of waters, and other causes not under the control of either party, certain subsurface obstructions, shoals, bars, and other potentially dangerous conditions, may develop from time to time in and under the surface of the waters of the Upper and Middle Lagoons, and the City, its agents, servants, employees, permittees, licensees, invitees, and other persons using and entering upon the Middle and Upper Lagoons and any of the premises · herein demised, do so with specific knowledge. and express notice of such conditions, and do hereby specifically release and hold the Company harmless from and against any claims, demands, or liabilities for damages or injuries occasioned by or resulting from such subsurface conditions. 11 5. A further new Paragraph 15 is hereby added to said lease, to · · read as follows: 1115. Notices to be given hereunder from one party to the other may be served in person or may be sent by certified mail to: a. _The City, at 2960 Rio Pico Boulevard, Carlsbad, California; b. The Company, at 861 Sixth Avenue, San Diego, California; or c. At such other place as the parties may designate. 11 6. This amendment to said lease shall not become effective unless and until it shall be authorized and approved by the Public Utilities Coinmis - .sion of the State of California, and shall be subject to any changes or modifi- cations as said Commission may direct or order in the exercise o:f its jurisdiction. 7. Insofar as the above changes and modifications are at variance with the provisions of the lease dated March 4, 1957. the provisions of said lease are modified, altered, and amended. As to any and all of the other terms and conditions of said lease, the same shall remain and continue and are now in full force and effect. 6 EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY S-8 C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT ATTACHED FOR INFORMATIONAL PURP.OSES ONLY ,.·. • -c, • -• . ~ . . . . . - .,. ....... •-: ,,: .. . • • ,, '.I , •• ; ...... • I"' ' -·-· ~ 4'. • , .. ' . IN WITNESS WHEREOF. the parties have caused this instrument to be executed for and on behali of each of the parties by their duly author- ized officers or agents as of the day and year first above written. SAN DIEGO GAS & ELECTRIC COMPANY, a Corporation ....-... --...... . ---~~:.: ........ ~·r.·:-.. :~-~~_y __ -4.__.,._ __ _, B;}'.' ,,....,,,......_ __ '-------.P..-r_e_s_i __ d.,_e_n...,...t .... ._., __ LESSOR Attest: -~~Secret Attest: CITY OF CARLSBAD, a Municipal Corporation By J:"// /; ·t"-.J~~e~ .. , .. _. ,-.,. -~.,, ~ LESSEE clerk 7 ... EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY S-9 \ I ·\ \. INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS {, ,, i . ' ' LE A S_E TH~ AGltEEME~, made ~his ii-Jt da:, of 1( tt/4,ch 1957 ~· between SAN DIEGO GAS & BLtCTRIC COMPANY, a Calif- ornia oorporation, aometila.es hereinafter refel"J"ed to•• the "Com.pallY'," •• Lessor, and the CITY OF CARLSBAD) a municipal corporation of tho Stato 0¥ California, some- times here~fter referred to aa the "Cit:,," as L~s•ee, WIT NE S 5 ET Ha . 1. That for ~md in coneideration of' the mutual covenants, agreements aad benefits to the respective parties hei-e_to and the 8Ul'I of $1.00 ·in· haDCl paid bT the City to the Compan:,,-reoeipt, of whioh is hereb7 acknov- _lodced-, •h•·eaf.d Lesaor does hereb7 lea•e to the said Lea•ee thoeo oertain ialld• and water• thereon, common.11' known•• the Upper Agua Hediond.a Laaooa.1 or aometime• ' . ' referred to herein•• t.he "lacoon•i delineated and shown on •EXKIBIT •A•" hereto att.aahed, for reoNta~ion, sport- ing, fishing and other_parposes ot said City. 2. That the term."of this lease shall be·for an it>.J.tial period of fiYe 7eara coaamencinc as of the lat. day of April, 1957, alld eadina the llat da7' of· Maroh; li;1Sz, and oontinld.nc t.bereafter trca 7ear tt ,.r neloe• 1;oap.i- wat.ed b7_aUhw~_,e.a.:n,, at, t.he bqianing of •DT lease ;rear ~ .............. - o.watenoin&' April lat., 1962, and not before, int.be manner .. .' EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY S-10 . ;; \ ./ INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS ~ ....... f,:, : -~I._, ; • ., : • • I) ' . ~.ii~"' •;., ---~~ .. t fort.h 'below, visa In the event either the Lessor or Lessee . •hall so de•ire to ter,d.11ate th.is lease as · herein pNJ- vided, it shall. give written notice to the other part7 of_ the desire so to _ terJ!!inate no~ less t.han .•i~!-~s before-April lat_, and upon the ,:iTinll of ·such notice as herein provided, this lease shall thereafter ipso facto terminate ·as of the l~t da7 of April foliowtn1 the ·giY.i.ng . ' of auoh-aotiae, said notice to be s~vett b7.theparty so desiring to tarminate the lease by forwarding a copy o:r euch uotiee to the othff i,art.7 by United States mail to the a.ddreasee at.its plaoe of .business in the City of San Diego or City of Carlsbad, as the caee ._...,. be. In ~he event of aach termination of the lease, any str~tural iiaproTemen\ whiob UT haye theretofore been erected or cons~ruoited on the leased premises by · the Cit7 or its licensees or perllittees ahall be removed ~herefrGII at the expense of the Ci~y within sixty d•TS fro• and after ~he date of termination. Either party heret_o further :c-eae1"Yes the right; to terminate this · lease at an1 time -should the othel' fall· to f'aithf'ull:, perform eaoh and all of the conditions, covenants and. obligations on its part to be performed. 3,· That·tbis le~se is made upon the express condition, aaong others, .that said lands or lasoon and the entire area leased hereby will be available tor the unrestricted and unconditieu.al. use bT the Company at any ... 2 ~ EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY S-11 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT ATTACHEDJ?Ol_l INFORMATIONAL PURPQS~S ONLY ~· .,., ,,_. .., •• • ---·• .-, • • ,ij',J> c,"': ' t\,~ ,; c.[;~ l' •' ·•l n, t;, • ' • • • 'I" . ,, :; . , • • •• /' 'T' . 9 ;. . t:' ;:/ <i• "~, I-~. ' ' ' 'ii !.~ ' • • .~.?"( '.!fj @~,• " ~ • • ll!'h• ' '; • • \:: ~ ., • • '-~' ~ ~f'• ' 0 r_} •• • • •• • • f rt) q, -J • i) ,J r•' 0 " • · • • · · .~:t~,71 ~•' •. --~• ••. ~-'"' ~ -.,'"I ~Ii)• V->•• •~ !t .~" ;<;•~~~~~•, G • ~ :::t ...... ~;. • -~:•,.-_.) ' ·1!:fii;', . ~ ~ ';;/, . . ·\ ~ . -f ... ,i.·,:r.•! ' . . ' .. a11d aii ti~•• tor dred.Cinc; redredcins', till~nc,' r~f:ill~ . ina," deepeniag and/~ ~tber ·ieprning:or mai~tenanoe . . ' ·. work the~in,. t.hereon &ltd -~hereabOllt8J •• well •• al1 . . . . other·• operat.lou. neoesaal"T iD oomteotioe with_ 'ita .pubiic .. ··- ' -.tilit.1. opera'tieaa .;_ ' . . . . 4,.. 'l'~t: dui-inc.U.e term heree1>f 'the City •ball . .. •••ume and aocept~all l:labilit1 from ar17 and ·_all caW:.o.-·- 10·pe.-■ona or partie•, ~~hel' than t~ Comp1U17; lta.Npr-e'.'" ·· aeata~i..:ea, ·•ce1tt• or eapl.07.-,~, en,r~-~ in its' public. · · _ ~-ilii.J" opet"atiou, tor ~Tent.a . that "cur _upon the lea_aed .. prnd•••· d~inl _· •he -term-.. of · thi• ·le•••, . •ad the Cit.7 · further ecweua.u encl •SN••· to protect, _i~~ift aad · '••v~ haNleN : the: CMP6D1' · fl'OII. an7 •n.d •_11 ••ch U,abilit.iea • · In no eftnt ·•hall the Company be--iiablo_ tor. 4••••-•~-in,f•ri~• to per■on• er 1'l"Opert7.ot the City or ! ... ' . it.• pel'llittee• or licensees, whether l!luoh· injltry·ariaea out.of. the o~iUc,n of tfle premises o~ the ue· of 1.he .. pr•i•e• ~ . the Ci~J' hereby •ar-ina _. iQ ~aoh instance' •• aforesaid, to hoid. the: Company haNl~•• acaillat ani clai111 Ol' ·deund fol' auch damage or iJl31117 Gil' arising_ Otli~ of' tho aaae . or. otherwi••• . 5 .-Su.bj~ot t.o t_he t:em.e and proTiai_oftS of this -ieaao., the Company here~r expr&sal7 c~nfers upon the City," the right to crant. ~.rmita.,. ·U.eouea_ or pr:lY1leces. to -•nr . . · ageac7, peraon or partnerah:lp to ente~ upoa •,;_d/or use . . portions of the leased premiaes, upon ·tel"lllS and oonc:lit.ionlJ as the City dee•• neQessary or desirab1e, it bein& qnd~r~ 3 ... EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY S-12 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS .EXHIBJT _AT,TACHEJtFOR I~FORMA. TIQNAL PURPO~~S QNL Y -.·,,,., . ·;,r/-, .~:"\ :··";' ·.-._ ...• " ~.. -.~, : ., ~-:',. -.. _...t.. .· ~ , ., ~~ ·, ~~~-{;. • . . e~· ;,· -• . / ~'-•• · •• ·--~~-::..:.:•.•.11.:.i..·· ·_::-.~.·-.:···.!. ...... ::.,.,. ·, • " ,.':!ti; ·' ., ·"' . ' ~ ,;,_,:;' '<'. ;, ·,,. "· . 'i '\ ~;,;. ' ~.; ,;-t.: . . ,. . ... { -~·· . . ;t~ · atood, · hCllfeTer, · t.hat in ·no eyent, · •hall auoh pel'lllit•, · lioen•e• or pri:vilecea extend beyond t.he t.arm Qf this 1eaae and that each and all of' the aa111e be, as herein indicated, subordinate and subject to the tel"JIIS and pro- viaiona of tJ;d.s · mas~er iea•~• . . . . . ~ . . . . r 0. . Subjeot t.• the prOYi•iou of paraa~aph ~ Jlereof_,~.QJ.t) •ll• City, it• pel'llitteN · and lioenaeea aliall have the JJ/,1/1-e. , .. , richt to ereot and maintain stNCttire• .a t,he p:rendseai · b•t th~ aaae abal.l at. all time• lte free from meobanios' l.ieu and other eno'UNlaranoea. . 6. The Cit,7 shall not oOllllit nor allff w waate to IHt oamad.t,ect on~ preaiaea, n•r penait. U&llawtul act.a t• be done or perforud thereon and shall at all times keep end lliaillt.ain t.he prelliae• and t.he i...-diate •llttOWld- in&• in• aani\1117 coaditiOll·.o t.ha'-the aame ahall aeet . with the approval of all health autkwiiiea oft.be City of Carlsbad and the St&te of California, and neithea-of ~he pal'ti•• beret.a shall at any time permit. any nuiunoe to 'be oOllllit.ted cm the laad.a or waters of the upper lagoon . . or an an7 part of then••• '?he Cit:r shall permit no ahootinc or otbor objeotiouble 11otiritie• on or oYer &aid propeAy. 7. Thia lease ahllll not be •--icuble or tNns-. f'ffraltle, aiacl theN •hall 1,e no aubl•~'in« br tu Cit,- except. upon the written conaent ot the CGlllpaoy first. bad . a11d. obtaiaed, ·. it ~~ waderstood t,hat any and •11 persou or parUe• eitkring upon the lands a11d water"s •ub.feot . 4 . ·- •'· EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY S-13 C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT ATTACHED i;PR JNFORMATION~L PURPOSES ONLY ' .• ' y' , , :: '• ·; ) ;m -,. . ,, ' :; ' •.. . at' _. , ~-' ., ,, ~ • .;,•,,. .fl ... ~ '--:. _., ••1 • • .. ~/'t•· •i,• r. . . f•. ·i ·• . :~ '~' :.-~-· ;,· ·-\I··:. t' ..... . .~, •' ~ ..... '', .'•· 'lt. /'.''' " ~-': ... ,l' . . . ' . . .. ' -al:_ ... ....... hereto under or b7 virtue of this leaae·1 siulll not be considered as acquiring hereundor a117 pel"m&ne11t interest of whateyer nature or k..lnd in t'he land or waters of the Company OJ:' to an,. part of the san,e. · 8. All costs and expenses :ln connection ·1\fith the act:l.Tities of the City coYered by this lease shall ci,;;.,:,. " ·:~~·•.· be borne by ~he City except as may be otherwise indicated herein, and in the event this lease is te:rminated in whole or in pa!"t the City-ag!"ees not to claim OJ' hold the Company liable for an7 loss.which JnB1 be occasioned thereby. 9. The Co.111pany·reserves the l"ight to the sole and exclusive use of the southerly bank of said uppel" lagoon as ahown or indicQtecl on Exhibit "A" attached . hereto; in the event that tbe Company shall at auy-tillle during the-term of this leaso grant to it• employee$ or an eraplo7ee asaociation oft.he Company the right and privilege of accesa to said lagoon from the southerly bank thereof (and_ it shall have the right and privilege ao_to do) t.he CQltlpany shall ltave the further r-ight to Jive and gram; to its er.1ploy-ees or an employee associ- ation of tbe-~ocapaJlT the sole and exoluaiYe right and priYilege of erecting a boat landing or boat landings . . or other. structures on the •o~th bank.0¥ said lagoon or in the watero adjacent thereto. incJ.uding the use of' such · waters of said lagoon for . recreational pruposes J includ•- ing f'iahing thereon. -5 - EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY S-14 C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The C•pany', it• emplo,ees, acenta, servants, penu.ttff• and l.ioenaee• to·haYe the richt without pay- ment to tJae City therefor, to en6er upon t.lse ·said leased pr-i••• at; &llJ" and all t:tr.es tor ~h• JNl"PM• of operat- i11,1 and uintaining Aid property, : It 1• IUJd•r•f&oo4 and •IJ"Mld b,-the C•pany and the Cit1' '11.at &DJ' ue of the leaaed _preaiM• by t.ho emplo,-ea, . permitteea ilod U.•enaeea of t.be Coap&Q1' .ehall be 1111bjeot te th~ atructural bllildina requtreaen~ of the Ci~T ef Carlabad, •nd any aafetT •nd opera•ioul rtale• and regul.ationa ,bat may be hereiaafter adopted. by the City of Carlsbad. · 10. '?he City oOYeaant.• and agrees tba~ it will in a reaacaaable 11UUUUtr, and coa8ietent with the pro"otion aiYea to other private pl'oporty within the City of Carls- .bad, •••• .. •r to protect all slU"r0tmcU.na area owaed bJ' the Coapa~ and exterior to.the portioia• of land owned b1'the Campany hereill leaaed to the City. Cit7 av-es to uae i~• beat. effort• k replate aoti•ttie• and. entry 11pon tu upper laaoon ao •• i;o ainilliae dancer• inoid_en~ there,o by any pel'Jllitteea or 11.aensee• of the City of Ca:rl-.ct. 11. N• pa,aont.• of l"ental are to be ude here- under by the Cit7, eonaide:ration for thia leaae beinc the benef':lta aGGl"Ui.aC and -o aoorue to ~•h of the parties be"t• gl"O'Wing ollt or ,he execution or this leaae. 12. Neither the City, its licerU1eea or -6 - EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY S-15 C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT ATTACHED_ FOR INFORMATIONAL PURPOSJ:S ONLY r ii' 9 ~ • --"' __ , ~ ···.{· ~ • .~-.,-,'' <' ., ;~t::!~ , . Ii-.... •. ,-::~:.;' ;: :~~~. penli.ttees shall at a_n7 tine dving the -&.era of this le•ae cause or perait, any.solid-tills of eart.h., oonorete, rock or other material t.o be pl•o• in, up~ or along said leased pl"OfJlisea er peniit or cauae to be plaoed any rook . or cement therein or thereon; and neither shall aaid• City, its lioenaees or permitt.ees, at atl1' tiae during; the oontinuanoe of this lease ei-eot, plaoe or-cenatru.ct any float, wooden pier or ot.hor atruoture at., upon or along uid la,ioon which shall extend fl"Olll _tlae shoreline of said lagoon •ore than 150 feet into or cwer aaid lagoon, measured at right angles to 1;he ahoreline of the same. 13. This lease shall not be.~;_a effectiYe .::;,-· unless and witil it shall ha•e been a~thori■ed by the Public Utilit.ies COilllldaeicm of the Sta~e of' California, amt ahall be •ubjeot; ~o suoh chaaae• •Rd 11todifications as said Coabd.saion.mr dil'ect in the exercise of its jua-iacU.cUon. lN WITNESS WHEREOF, the pa.1'1.ies hereto haye ciauacl this inatruent ~o be executed b1' their proper offioer• thereunto dul7 authorized this da7 of 1957. SAJ-t DIEGO GAS & ELECTR.IC COMPAN't' t. ·1> . a ooz-porati~on. _ · . ·. ~: ... ; .. ;.: _· · . B --,, . I r '·· . ·,. '\_J:··.,,.··'.:_ ... -· ... -. y . . . . ~:. -' . ' ' . - . f1r ·\ ,--_~._: ~re_~~M_ .·. ,i_ ... __ · .. : -_,_ -.-.. , .. 1(:\, .. _/_•_ '.t l ~ -·~ ~ ·-"~ ....... . . -. ,-.... ~ .. , ......... -· -. •, By ------------,,---Sec:re~ .•. LESS(I(.· CITY OF CAlU.SBAD, a municipal oorpor-at:lon, , ,...It I .. ·. • ... ,, --- uy L/1.-Iii ,l.,~io/~e~ ,, LESSEE -7 -_ EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY S-16 I · INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY ¼ ·1c_:. 0 ~-~ ~ /J . ~\ t Y: 9 l .... : <:); '¼ '-I I () ": 'l l Loi 7 ·' _-.J ~ ct .) ] ~ ~ ~ -r, ~ ~ . .,-¢, \.'.) . I,) -~ .. _~ ~ ~ ~ ·--~ ' -~ ( l ~ \ °I -' ·, h__ .. \'I . .• '"-.. ~ i \ \ \ ....... ·, ~\ \J~ :-,, ·, ! ·, \ ~\ J ·~··· _,.,,,,.-~ EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY S-17 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY -·-__. ,I, ·' ~ :i,· -., • •. MK ---- Decision No. BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA In the Matter of the Application of ) SAN DIEGO GAS & ELECTRIC COMPANY } for an order of the Public Utilities ) Commission of the State of California ) Application No. 38965 approving a lease agreement entered ) into by the applicant for lands and ) waters thereon, described 1n the agree-) ment and commonly known as the Upper ) Agua Hed1onda Lagoon. ) OPINION AND ORDER The San Diego Gas & Electric Company by its application filed on April 8, 1957, applied for authority to carry out the terms of an agreement dated March 4, 1957, with the City of Carlsbad. Under the terms of the agreement the applicant agrees to lease to the City of Carlsbad certain lands and water thereon, commonly known as the Upper Agua Hedionda Lagoon. The application states that as an accommodation to the City of Carlsbad1s desire to develop the area for recreational and other purposes, and in the interests of promoting good public relations with the citizens of the City of Carlsbad, and with the belief that it would i_n no way hinder the applicant I s public utility operations, the applicant entered into the agreement dated March 4, 1957, a copy of which was attached to the application and marked Exhibit 11B11 • The agreement provides for the lease of the lagoon for the above-mentioned purposes for the period April 1, 1957 to March Jl, 1962, continuing thereafter on a year-to-year basis unless terminated by either party at the beginning of any lease year commencing April 1, 1962. -1- EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY S-18 C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY ' __,--. • > • P..". 3896.5 MK ---- The agreement provides that the entire area leased will be available for the unrestricted and unconditional use by applicant at any and all times for dredging, redredg1ng, filling, refilling, deepening and/or other improving or maintenance work therein, thereon and thereabouts, as well as all other operations necessary in con- nection with its public utility operations. No monetary payments of rental will be made and the City of Carlsbad agrees that during the term of the lease it shall assume and accept all liability from any and all causes to persons or parties, other than the Company, its representatives, agents or employees, engaged 1n its public utility operations, for events that occur upon the leased premises during the term of the lease and the City further covenants and agrees to protect, indemnify and save harmless the Company from any and all such liabilities. The agreement contains a provision that the lease shall not become effective unless and until it shall have been authorized by the Public Utilities Commission of the State of California and shall be subject to such changes and modifications as said Commission may direct in the exercise of its jurisdiction. The Commission having considered the above-entitled appli- cation and being of the opinion that the application should be granted and that a public hearing thereon is not necessary; therefore, IT IS HEREBY ORDERED that San Diego Gas & Electric Company may, on or after the effective date hereof, lease to the City of Carlsbad, in accordance with the terms of an agreement dated March 4, 19.57, a copy of which 1s attached to the application as Exhibit 11B11 , those certain parcels of property described therein and as shown by the map attached to said agreement. -2- EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY S-19 C INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY _,,__,._: ... 'f"' .... -~ -.. . , ., ~A.. ~ 38965 MK ---- IT IS FURTHER ORDERED that San Diego Gas & Electric Company shall file a statement with this Commission promptly after termination of this agreement showing the date when said agreement was terminated. The effective date of this order shall be twenty days after the date hereof. ,;fi Dated at _....,...s_an_Fr_a_n_ci_sc_·0 ___ , California, this _,.,....t __ day of _____ _,J,,...u ... w .... ;; ___ , 195?. -3- PETER E. :MITCHELL President RAY E. UNTEUEINER MATTHEW J. DOOLEY RE;{ HARDY C. LYN FOX Commisaioners EXHIBIT ATTACHED FOR INFORMATIONAL PURPOSES ONLY S-20