HomeMy WebLinkAbout2016-09-27; City Council; Resolution 2016-204RESOLUTION NO. 2016-204
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THE ADDENDUM TO ENVIRONMENTAL
IMPACT REPORT 98-08 (EIR 98-08(A)) FOR AN AMENDMENT TO
THE CARLSBAD OAKS NORTH SPECIFIC PLAN (SP 211(C)) TO
REMOVE A REQUIREMENT FOR LOT 1 OR 2 OF THE CARLSBAD OAKS
NORTH BUSINESS PARK SPECIFIC PLAN TO BE DEVELOPED WITH
COMMERCIAL SUPPORT USES ON PROPERTY GENERALLY LOCATED
AT THE SOUTHWEST AND NORTHWEST CORNERS OF FARADAY
AVENUE AND EL FUERTE STREET WITHIN THE CARLSBAD OAKS
NORTH BUSINESS PARK IN LOCAL FACILITIES MANAGEMENT ZONE
16.
CASE NAME:
CASE NO.:
CARLSBAD OAKS NORTH LOTS 1 & 2
EIR 98-08(A)
EXHIBIT 1
WHEREAS, on October 8, 2002, the City Council of the City of Carlsbad certified
Environmental Impact Report (EIR) 98-08, adopted the Candidate Findings of Fact, Statement of
Overriding Considerations, and the Mitigation Monitoring and Reporting Program for the
Carlsbad Oaks North Specific Plan that allows for industrial development of lots within the
Carlsbad Oaks North Business Park except either Lot 1 or Lot 2 was required to be developed with
commercial support uses per EIR 98-08 mitigation measure AQ-3; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission
did, on August 17, 2016, hold a duly noticed public hearing as prescribed by law to consider a
proposed Addendum to EIR 98-08 (identified as EIR 98-08(A)) and adopted Planning Commission
Resolution No. 7187, recommending approval of EIR 98-08(A); and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing to
consider the recommendation and heard all persons interested in or opposed to EIR 98-08(A);and
WHEREAS, EIR 98-08(A) was presented to the City Council and the City Council reviewed
and considered it along with the information contained in certified EIR 98-08 prior to approving
the Carlsbad Oaks North Specific Plan Amendment project; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, examining EIR 98-08(A), analyzing the information submitted by City staff, and
EXHIBIT 1
considering any written and oral comments received, the City Council considered all factors
relating to the Addendum.
NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Carlsbad, California,
as follows:
1. That the above recitations are true and correct.
2. That EIR 98-08(A) for the Carlsbad Oaks North Specific Plan Amendment project is
approved and that the findings of the Planning Commission contained in Planning Commission
Resolution No. 7187, on file with the City Clerk and incorporated herein by reference, are the
findings of the City Council.
"NOTICE TO APPLICANT"
The time within which judicial review of this decision must be sought is governed
by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of
Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review
must be filed in the appropriate court not later than the ninetieth day following the date on which
this decision becomes final; however, if within ten days after the decision becomes final a request
for the record is filed with a deposit in an amount sufficient to cover the estimated cost or
preparation of such record, the time within which such petition may be filed in court is extended
to not later than the thirtieth day following the date on which the record is either personally
delivered or mailed to the party, or his attorney of record, if he has one. A written request for
the preparation ofthe record of the proceedings shall be filed with the City Clerk, City of Carlsbad,
1200 Carlsbad Village Drive, Carlsbad, CA, 92008.
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EXHIBIT 1
PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of
Carlsbad on the 27th day of September, 2016, by the following vote, to wit:
AYES: Hall, Wood, Schumacher, Blackburn, Packard.
NOES: None.
ABSENT: None.
MATI HALL, Mayor
(SEAL)
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PLANNING COMMISSION RESOLUTION NO. 7187
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF THE
ADDENDUM TO ENVIRONMENTAL IMPACT REPORT 98-08 FOR AN
AMENDMENT TO THE CARLSBAD OAKS NORTH SPECIFIC PLAN (SP 211(A))
TO REMOVE A REQUIREMENT FOR LOT 1 OR 2 OF THE CARLSBAD OAKS
NORTH BUSINESS PARK SPECIFIC PLAN TO BE DEVELOPED WITH
COMMERCIAL SUPPORT USES ON PROPERTY GENERALLY LOCATED AT
THE SOUTHWEST AND NORTHWEST CORNERS OF FARADAY AVENUE AND
EL FUERTE STREET WITHIN THE CARLSBAD OAKS NORTH BUSINESS PARK
IN LOCAL FACILITIES MANAGEMENT ZONE 16.
CASE NAME: CARLSBAD OAKS NORTH SPECIFIC PLAN
AMENDMENT FOR LOTS 1 & 2
CASE NO.: EIR 98-08(A)
10 WHEREAS, Ladwig Design Group, LLC, "Developer," has filed a verified application with
11 the City of Carlsbad regarding property owned by Techbuilt Construction Corp. and Carlsbad Oaks North
12 Ventures, LP, "Owner," described as
13 Lots 1 & 2 of Carlsbad Tract No. 97-13-1, Carlsbad Oaks North Phase 1,
in the City of Carlsbad, County of San Diego, State of California,
14 according to map thereof No. 14926, filed in the office of the County
Recorder of San Diego County, December 15, 2004
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16 ("the Property"); and
17 WHEREAS, on October 8, 2002, the City Council of the City of Carlsbad certified
18 Environmental Impact Report (EIR) 98-08, adopted the Candidate Findings of Fact, Statement of
19 Overriding Considerations, and the Mitigation Monitoring and Reporting Program for the Carlsbad Oaks
20 North Specific Plan that allows for industrial development of lots within the Carlsbad Oaks North
21 Business Park except either Lot 1 or Lot 2 was required to be developed with commercial support uses
22 per EIR 98-08 mitigation measure AQ-3; and
23 WHEREAS, after 2002 commercial support uses were developed in close proximity to
24 the Carlsbad Oaks North Business Park and the property owners of Lots 1 and 2 have requested to be
25 relieved of the requirement to develop one of the lots for commercial support uses ("Project"); and
26 WHEREAS, in compliance with the California Environmental Quality Act ("CEQA"), an
27 Addendum to EIR 98-08 -EIR 98-08(A} ("Addendum"), attached as Exhibit "X" dated May 2016, was
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prepared to determine if the preparation of a subsequent or supplemental EIR was required for the
Carlsbad Oaks North Specific Plan Amendment Project; and
WHEREAS, the Planning Commission did on August 17, 2016, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, the Addendum was presented to the Planning Commission and the Planning
Commission reviewed and considered the information contained in EIR 98-08 and the Addendum prior to
approving the Project; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, examining the Addendum, analyzing the information submitted by City staff, and considering
any written and oral comments received, the Planning Commission considered all factors relating to the
Addendum.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning Commission
hereby RECOMMENDS APPROVAL of the Addendum to EIR 98-08, based on the following
findings that are supported by substantial evidence in the Record:
Findings:
1.
2.
3.
The Planning Commission of the City of Carlsbad does hereby find that the Addendum has been
prepared in accordance with requirements of the California Environmental Quality Act (CEQA),
the CEQA Guidelines, and the Environmental Review Procedures of the City of Carlsbad.
The Planning Commission of the City of Carlsbad has reviewed, analyzed, and considered the
Addendum with EIR 98-08 prior to RECOMMENDING APPROVAL of the Project, and it reflects the
independent judgment of the City of Carlsbad Planning Commission.
The Planning Commission of the City of Carlsbad does hereby find that adopting an Addendum
to EIR 98-08 is appropriate and in conformance with CEQA in this case because no changes or
additions to EIR 98-08 are necessary, and none of the conditions described in Section 15162 of
the CEQA Guidelines calling for preparation of a subsequent EIR have occurred, in that:
a. There are no significant new environmental effects and no substantial increase in the
severity of a previously identified significant effect. The analysis and mitigation contained
in EIR 98-08 remain adequate to address all potential impacts of the Carlsbad Oaks North
Specific Plan. Mitigation measure AQ-3, which was the origin of the requirement for either
PC RESO NO. 7187 -2-
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4.
Lot 1 or Lot 2 to be developed with commercial support uses in proximity to the Carlsbad
Oaks North Business Park and surrounding industrial uses, has been fulfilled by the
development of commercial support uses on an alternate property in proximity to the
Carlsbad Oaks North Business Park and surrounding industrial uses. No modifications are
proposed, and the proposed project does not amplify any other potential impacts and does
not present new impacts not already considered or addressed as necessary by existing
mitigation measures.
b. There has been no substantial change with respect to the circumstances under which the
Project is being undertaken which would require major revisions to EIR 98-08.
c. There is no new information of substantial importance that was not known and could not
have been known with the exercise of reasonable diligence at the time EIR 98-08 was
certified.
d. The Project will not have any significant effects not discussed in EIR 98-08.
e. There are no new or additional mitigation measures that need to be added and there are
no mitigation measures previously found not to be feasible that are now found to be
feasible that would substantially reduce one or more significant effects of the Project.
The Addendum is incorporated by reference herein, and the findings and substantial evidence
presented in the Addendum are adopted as findings to these proceedings.
PC RESO NO. 7187 -3-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on August 17, 2016, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Anderson, Commissioners Black, L'Heureux, Montgomery,
Segall and Siekmann
Commissioner Goyarts
~~r~&wW
VELYN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
ATIEST:
DON NEU
City Planner
PC RESO NO. 7187 -4-
Exhibit X
("cicyof
Carlsbad
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) ADDENDUM
TO FINAL ENVIRONMENTAL IMPACT REPORT (EIR 98-08)
CARLSBAD OAKS NORTH BUSINESS PARK SPECIFIC PLAN
CITY OF CARLSBAD, CALIFORNIA
FOR
SP 211(B)-CARLSBAD OAKS NORTH LOTS 1 & 2
State Clearinghouse No. 2000051057
EIR 98-08 Certified October 8J 2002
Prepared by:
City of Carlsbad Community & Economic Development Department
Planning Division ·
1635 Faraday Avenue
Carlsbad, CA 92008
Contact: Teri Delcamp, Senior Planner
760-602-4611
teri.delcamp@carlsbadca.gov
May2016
1.0 INT-RODUCTION
Project Name: CARLSBAD OAKS NORTH LOTS 1 & 2
Project No: SP 211(B)
The Carlsbad Oaks North Business Park Specific Plan (CONSP) contains a requirement that either Lot 1 or
Lot 2 of the CONSP area be developed with commercial support uses to serve the CONSP industrial
business park. The Final Environmental Impact Report (EIR 98-08, SCH #2000051057) certified with
approval of the CONSP also contained mitigation measures reiterating this requirement. The approval of
an industrial building entitlement on one of the lots would allow automatically reserve the other lot for
commercial support uses. The current project, SP 211(B), proposes to amend the CONSP to remove the
requirement for the development of commercial support uses on either Lot 1 or Lot 2. The purpose of
this Addendum is to provide clarification and explanation supported by substantial evidence as to why
this proposed change will not result in any new impacts or any increase in the severity of impacts
addressed in EIR 98-08.
2.0 CEQA REQUIREMENTS
California Code of Regulation Title 14 (hereinafter "California Environmental Quality Act (CEQA)
Guidelines") Sections 15162-15164 include provisions for a lead agency to carry out a project when new
information comes to light or changes have occurred after the project EIR was certified.
Section 15162 of the CEQA Guidelines states that no subsequent EIR would be necessary for a project with
a previously certified EIR unless: 1) substantial changes have occurred to the project or to existing
conditions that create new significant environmental effects or substantially increase the severity of
previously identified environmental effects; or 2) new, substantially important information that was not,
or could not have been, known at the time the original EIR was certified shows that the project may create
new or more severe effects or that different alternatives or mitigation measures could reduce significant
effects but the applicant declines to accept them.
Section 15164 of the CEQA Guidelines indicates that an Addendum to a previously certified EIR may be
prepared for a project if some changes or additions to the EIR are necessary, but none of the conditions
in Section 15162 exist that would require a subsequent EIR. Section 15164 goes on to state that when an
Addendum is prepared, the administrative record must include a brief explanation about why the lead
agency decided not to prepare a subsequent EIR based on Section 15162. The following section details
the basis for the city's decision not to prepare a subsequent EIR for SP 211(B).
3.0 PROJECT LOCATION AND REGIONAL SETTING
The CONSP area is located on 414 acres north of Palomar Airport Road and 11/4 mile east of El Camino
Real. Immediately north of the CONSP area is the Dawson-Los Monos Reserve open space. The Specific
Plan area is abutted to the west by vacant land owned by the County of San Diego and to the east by the
City of Vista. The Carlsbad Oaks East area of the Carlsbad Airport Business Center Specific Plan abuts the
property to the south. After the adoption of the CONSP, all of the anticipated road connections were
constructed as assumed in the CONSP for build-out. These include the extension of Faraday Avenue to
connect between El Camino Real and Melrose Drive; El Fuerte Street to connect from Palomar Airport
Road to Faraday Avenue; and Melrose Drive to extend south and connect to Palomar Airport Road. A
vicinity map and the Specific Plan land use plan are provided in Figures 1 and 2.
May 2016 -1-CEQA Addendum, EIR 98-08
PACIFIC
OCEAN
May 2016
Project Name: CARLSBAD OAKS NORTH LOTS 1 & 2
Project No: SP 211(8)
Site
Cl1Y OF VISTA
CI1Y OF ENCINITAS
NOSCO!e
Figure 1, Vicinity Map
-2-CEQA Addendum, EIR 98-08
Open Space LOIS
Pbnned lndt..6trlol Lots
AtJdiay Use lots [see page II 21
Trcil il ~t1 01 ~·~a~
SeY.oer Easement• (will\ Pedeslrlcn Troll only h Lol II)
ln:J Eol!ng Aleos (lot 9 onJv I not L6ed Ia PUT'4J sk:llon)
·coruu.Jclfon 01 tral w1 be a
condiiOO or cq>rOIIal whele necessary
Project Name: CARLSBAD OAKS NORTH LOTS 1 & 2
Project No: SP 211(8)
lond5CQOO Sefb9ck.s
,era~lotellt ra m01edeldl
Figure 2, Land Use Plan
May 2016 -3-CEQA Addendum, EIR 98-08
4.0 CARLSBAD OAKS NORTH SPECIFIC PLAN
Project Name: CARLSBAD OAKS NORTH LOTS 1 & 2
Project No: SP 211(B)
Within the boundary of the CONSP, approximately 220 acres is dedicated open space leaving
.approximately 194 acres for the street network and development lots. Although the CONSP document is
being amended, the proposed amendment only affects Lot 1 and lot 2 (shown in the land use plan in
Figure 2). Lots 1 and 2 are located at the westerly edge of the CONSP area, north and south of Faraday
Avenue and west of El Fuerte Street. Both lots were mass graded as part of the Phase I development of
the CONSP area. Neither ofthe lots have been developed, nor have any entitlements been submitted for
these two lots.
The CONSP contains a requirement in Section III.A.2, Development Standards and Guidelines, Auxiliary
Uses (page 111-2) stating:
Those auxiliary uses which directly support the industrial park and are listed in Section 21.34.020
of the Carlsbad Municipal Code, may be permitted upon lots 1, 2, 5, 6, and 8 subject to issuance
of a Conditional Use Permit in accordance with the Conditional Uses Ordinance, Chapter 21.42 of
the Carlsbad Municipal Code. To ensure that commercial services are available to the occupants
of the Carlsbad Oaks North Business Park and the surrounding industrial areas at a convenient
and accessible location, one of two lots (Lot 1 or Lot 2) located at the intersection of El Fuerte
Street and Faraday Avenue shall be reserved for commercial support use. A notice of restriction
will be recorded against the properties identifying them as the location for potential commercial
support uses. Planning Director approval of a Planned Industrial Permit for a permitted use on
Lot 1 or Lot 2, whichever occurs first, will automatically reserve the remaining lot for commercial
support uses.
"Commercial support uses" mean the commercial types of uses that would directly support industrial
parks, which are listed as conditional uses in Carlsbad Municipal Code (CMC} Section 21.34.020. These
would include conditional uses such as retail uses catering to or supporting industrial and office uses
(which would include the more retail-oriented versions of permitted uses such as courier service,
blueprinter and printing service, tax service and cellular service carrier), restaurant/brewery, gas station,
gym, child daycare center, hotel, self-storage, kennel and veterinary clinic, etc. Deli and bank uses are
listed as permitted, but could also be considered as commercial support uses.
At the time the CONSP was adopted in 2002, the area within and around the Specific Plan boundary to
the north and west was undeveloped land. The area to the south was (and is) the Carlsbad Airport
Business Center for which a Specific Plan (CASP) had been approved in 1986 (SP 200). The original CASP
area encompassed a much larger area of land than it does currently, generally known as Carlsbad Oaks.
It originally included the area north of Palomar Airport Road (Carlsbad Oaks East and West) that had
already received subdivision approvals in 1980 (known as Area A), as well as a larger area to the north
known as Area B, which would eventually become the CONSP area (see SP 200 location exhibit in Figure
3). In 1986 there were no plans for Area B. The CASP stated that the intent was to ensure the orderly
development of Area A, and that a future CASP amendment would be required for the northerly Area B.
The CONSP was adopted in 2002 as a stand-alone Specific Plan (SP 211) rather than an amendment to SP
200. The majority of the lots in the CASP Area A had been developed by 2002, and these areas were
essentially the only areas that were encompassed by the reference in the CONSP to "surrounding
industrial areas."
May2016 -4-CEQA Addendum, EIR 98-08
Project Name: CARLSBAD OAKS NORTH LOTS 1 & 2
Project No: SP 211(8)
LOCATION MAP
ity of Carlsbad
CARLSBAD AIRPORT
BUSINESS CENTER
Figure 3~ SP 200 Areas A and 8
May 2016 -5-
SP-200
CEQA Addendum, EIR 98-08
Project Name: CARLSBAD OAKS NORTH LOTS 1 & 2
Project No: SP 211(B)
5.0 CARLSBAD OAKS NORTH SPECIFIC PLAN EIR 98-08
The CONSP requirement for nearby commercial support uses addressed one of the mitigation measures
required by EIR 98-08. The EIR identified potentially significant air quality impacts that would be caused
by operational traffic associated with the build-out of the CONSP industrial development. The EIR
included mitigation measures to reduce impacts/ including the first of eight bullet items under Air Quality,
AQ-3, which echoed the requirement for commercial support uses. This first of eight items under
mitigation measure AQ-3 specifically states:
Provide within the proposed development, a commercial site designated to serve the commercial
needs of the occupants of the business park.
The intent of this mitigation measure, although not overtly stated, was to reduce air quality impacts
through reduced vehicle miles travelled during the workday for employees of the industrial parks by
ensuring availability of nearby commercial support uses.
6.0 DESCRIPTION OF PROPOSED CHANGES TO THE CONSP
The current proposed project is a request to amend the CONSP by eliminating the text containing the
requirement for commercial support services to be developed on either Lot 1 or Lot 2. Lots 1 and 2 are
two of five "auxiliary use" lots within the CONSP area that could be developed with commercial support
uses or light industrial uses, but they were the only two lots where commercial support uses were
specifically required to be developed on one oft he two lots. Removal of the requirement would still allow
for either or both lots to be developed with commercial support uses or light industrial uses.
7.0 EXISTING CONDITIONS AND SURROUNDING USES
The two lots designated for possible commercial support uses (Lots 1 and 2) are located approximately
one travel mile away from the most distant lot of the CONSP development, and approximately 1.5 travel
miles away from the most distant lot of the CASP development. The only other commercial support uses
that were existing nearby in 2002 (although they were not easily accessible then; the CONSP presumed
road connections would be constructed by build-out so they would be more easily accessible in the future)
were: a gas station at the northwest corner of Melrose Avenue and Sycamore Avenue to the east in Vista;
Vista Palomar Park with a gas station/convenience store and fast food restaurants at the northwest corner
of Palomar Airport Road and Business Park Drive to the east in Vista; and the Fed-Ex center at the
southeast corner of Faraday Avenue and Orion Road to the west in Carlsbad. The sites that more directly
supported the industrial park were the Vista Palomar Park and Fed-Ex sites that have food uses or business
service/retail uses, rather than the gas station that is a general support use for a variety of land uses. In
practical terms, these nearby sites meant that occupants of the industrial park would have had to make
separate discreet trips or a longer round trip to access the food and business service/retail uses. The food
uses at Vista Palomar Park as well as the Fed-Ex center are between two and 2.5 travel miles from the
CONSP area. Discreet and round trips to these sites would be about 10 or 7.5 miles, respectively. Figure
4 shows the commercial sites that had developed in the surrounding area by 2005.
May 2016 -6-CEQA Addendum, EIR 98-08
May 2016
Project Name: Carlsbad Oaks North lots 1 & 2
Project No: SP 211(6)
Figure 4, commercial sites developed by 2005
-7-CEQA Addendum, EIR 98-08
Project Name: CARLSBAD OAKS NORTH LOTS 1 & 2
Project No: SP 211(B)
After the adoption of the CONSP, all of the anticipated road connections were constructed as assumed in
the CONSP for build-out. These include the extension of Faraday Avenue to connect between El Camino
Real and Melrose Drive; El Fuerte Street to connect from Palomar Airport Road to Faraday Avenue; and
Melrose Drive to extend south and connect to Palomar Airport Road. Also since that time, several more
developments that could be considered as commercial support uses have been built in the surrounding
area. These include a Home Depot on Melrose Drive in Vista circa 2006; a Target on Business Park Drive
northeast of Lionshead Avenue in Vista circa 2008; additional commercial and fast food uses adjacent to
the gas station at Melrose Drive and Sycamore Avenue circa 2010; and the Bressi Ranch Town Center built
by 2009. Two hotels in Bressi Ranch and one hotel at Melrose Drive and Faraday Avenue in Vista have
recently been added as well. However, the most relevant development that has a bearing on Lots 1 and
2 of the CONSP was the construction of the commercial center at the northwest corner of Palomar Airport
Road and Loker Avenue West, which is within the CASP. This center has a Staples store, a bank, fast food
and personal services uses. The center is located within 1.5 miles of the CONSP lots located furthest away
from it. Figure 5 shows the additional commercial developments that had been built in the area by 2014.
8.0 COMPLIANCE WITH EIR 98-08 MITIGATION MEASURE AQ-3
The existence ofthe center at Loker Avenue and Palomar Airport Road specifically meets the requirements
of the CONSP and mitigation measure AQ-3. The center reduces vehicle miles travelled in the CON and
CA Specific Plan areas by providing convenient commercial support uses within 1.5 miles of the industrial
uses. Compared to the 7.5-10 mile trips that industrial park occupants would have experienced in 2002
to access commercial support uses, the presence of a site with a mix of commercial support uses within
1.5 miles reduces vehicle trip miles by up to seven miles for each trip. Moreover, now that the road
connections have been constructed, the development of other sites with similar types of support uses in
the surrounding area further enhances the variety and convenience of these uses for industrial park
occupants. Moreover, these nearby commercial support uses have achieved the purpose of the first bullet
item under mitigation measure AQ-3. Therefore, the elimination .of the requirement for Lot 1 or Lot 2 to
be developed with commercial support uses will not have any greater environmental impact than
previously analyzed under EIR 98-08.
9.0 CEQA GUIDELINES SECTION 15162 SUMMARY
In order for the city to prepare an addendum to previously certified EIR 98-08 for this project, an analysis
of the proposed change to the Specific Plan relative to CEQA Guidelines Section 15162 needs to be
undertaken. Section 15162 states that the city shall not prepare an EIR for this project unless one or more
of the following conditions exist:
(1) Substantial changes are proposed in the project which will require major revisions of the
previous EIR due to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project is
undertaken which will require major revisions of the previous EIR due to the involvement of
new significant environmental effects or a substantial increase in the severity of previously
identified significant effects; or
May 2016 -8-CEQA Addendum, EIR 98-08
May 2016
Project Name: Carlsbad Oaks North Lots 1 & 2
Project No: SP 211(B)
Figure SJ commercial sites developed by 2014
-9-CEQA Addendum, EIR 98-08
Project Name: CARLSBAD OAKS NORTH LOTS 1 & 2
Project No: SP 211(B)
(3) New information of substantial importance, which was not known and could not have been
known with the exercise of reasonable diligence at the time the previous EIR was certified as
complete, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR;
(B) Significant effects previously examined will be substantially more severe than shown in
the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be
feasible, and would substantially reduce one or more significant effects of the project, but
the project proponents decline to adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from those analyzed
in the previous EIR would substantially reduce one or more significant effects on the
environment, but the project proponents decline to adopt the mitigation measure or
alternative.
Under condition 1 above, the CONSP requirement for Lot 1 or Lot 2 to be developed with commercial
support uses was the provision that implemented the first bullet item under EIR 98-08 mitigation measure
AQ-3. As discussed above, the requirement of the CONSP and AQ-3 has been met by means other than
either Lot 1 or 2 being developed with commercial support uses. The pattern of development after
adoption of the CONSP has resulted in a commercial site within 1.5 miles and several others nearby that
serve the commercial needs of the industrial park occupants. Thus, there is no need to eliminate or alter
the first bullet item under AQ-3 because it has been met in a way that is equally effective in achieving the
purpose and intent of that part of the mitigation measure.
The proposed project will not have any other effects more significant than previously analyzed and will
not require changes to any other mitigation measures. Traffic impacts associated with vehicle trips for
lots 1 and 2 would be reduced by an industrial project being developed rather than a commercial use that
generates higher average daily trips. There would also not be any more significant land use changes since
the proposed project does not introduce land uses that are not already provided for in the CONSP.
10.0 CONCLUSION
The analysis above supports a determination that approval of the change to the Carlsbad Oaks North
Specific Plan identified in Section 6.0 above would not result in any previously-undisclosed significant
environmental impacts or a substantial increase in the severity of previously disclosed impacts or
additional significant impacts beyond those previously addressed under EIR 98-08 for the Specific Plan. As
discussed above, this document memorializes the City's reasoned conclusion that the amended Specific
Plan does not create the conditions requiring the preparation of a Subsequent or Supplemental EIR
pursuant to CEQA Guidelines Sections 15162 and 15163.
May 2016 -10-CEQA Addendum, EIR 98-08
Project Name: CARLSBAD OAKS NORTH LOTS 1 & 2
Project No: SP 211(B)
Pursuant to CEQA Guidelines Section 15164 and based upon the above discussion, I hereby find that
approval of the proposed amendment to Specific Plan 211 will result in only minor technical changes. No
technical changes or additions to EIR 98-Q8 are necessary to make the EIR adequate under CEQA for
purposes of the current project other than describing the different manner in which the first bullet item
of mitigation measure AQ-3 has been fulfilled, which is set forth in the discussion above.
The EIR Addendum for this project was prepared by:
TERI DELCAMP, Senior Planner Date
The EIR Addendum for this project has been reviewed and the environmental determination, indicated
above, is hereby approved.
VAN LYNCH, Principal Planner Date
May 2016 -11-CEQA Addendum, EIR 98-08