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HomeMy WebLinkAboutCT 98-19; Roesch Property Residential Subdivision; Tentative Map (CT) (2)-p scf/ 1-27-q NOTICE OF COMPLETION Mail to: State Clearinghouse, 1400 Tenth St&, Room 121, Sacramento, CA 95814 - (916) 445-0613 Project Title: ROESCH PROPERTY SUBDIVISION - ZC 98- 12/LCPA 98-09/CT 9% 19HDP 98-2 1 See NOTE Below: Lead Agency: CITY OF CARLSBAD Contact Person: Anne Hvsong Street Address: 2075 LAS PALMAS DRIVE Phone: (760) 438- 116 1. ext.4477 SCH # City: CAIU-SBAD Zip: 92009 County: SAN DIEGO COUNTY I- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PROJECT LOCATION: County: San Diego City/Nearest Community: Carlsbad Cross Streets: Poinsettia Lane Total Acres: 27.7 Acres Assessor’s Parcel No. 215-070-27 Section: 22 Twp. 12 South Range: 4 West Base: San Bernardino Within 2 Miles: State Hwy #: I-5 Waterways: Pacific OceanBatiauitos Lagoon Airports: McCLELLANiPALOMAR Railways: NCTD Schools: Pacific Rim Elementarv School . . . ..___....._____............................................................................................................................................................................................. ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DOCUMENT TYPE: CEQA: q NOP q Supplement/Subsequent NEPA: q NO1 OTHER: q Joint Document i zfDCons q EIR (Prior SCH No.) q EA q Final Document ec 0 Other: [7 Draft EIS 0 Other: q Draft EIR 0 FONSI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... ~ .......................................................,........,............................................................................................ LOCAL ACTION TYPE: LOCAL ACTION TYPE: 0 General Plan Update 0 General Plan Update q q Specific Plan Specific Plan Rezone B ye q Annexation q Annexation q General Plan Amendment q General Plan Amendment q q Master Plan Master Plan Prezone rezone q Redevelopment q Redevelopment q General Plan Element q General Plan Element Planned Unit Development Planned Unit Development 0 Use Permit Use Permit 0 Coastal Permit 0 Coastal Permit 0 Community Plan 0 Community Plan 0 Site Plan Site Plan 0 Land Division (Subdivision, Land Division (Subdivision, 0 Other: 0 Other: Parcel Map, Tract Map, etc.) Parcel Map, Tract Map, etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DEVELOPMENT TYPE: q Residential: Units 21 Acres U 0 Water Facilities: Type MGD /-J Office: Sq. Ft. Acres Employees q Commercial: Sq. Ft. Acres Employees 8 TrMtnspgortation: Twe 0 Industrial: 0 Educational: Sq. Ft. Acres Employees mm : 0 Power: q Waste Treatment: Mineral Type Watts ‘be c] Recreational: [7 Hazardous Water: ‘We 0 Other: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PROJECT ISSUES DISCUSSED IN DOCUMENT: Aesthetic/Visual 0 Flood Plain/Flooding Agricultural Land 17 Forest Land/Fire Hazard Air Quality c] Geological/Seismic Archaeological/Historical c] Minerals Coastal Zone 0 Noise Drainage/Absorption 0 Population/Hsg. Balance Economic/Jobs 0 Public Services/Facilities Fiscal q Recreation/Parks Schools/Universities Septic Systems B Sewer Capacity q Soil Erosion/Compaction/Grading q Solid Waste Toxic/Hazardous 8 Traffic/Circulation Vegetation Water Quality Hz0 Supply/Ground Hz0 Wetland/Riparian Wildlife Growth Inducing Land Use Cumulative Effect Other: . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Present Land Use/Zoning/General Plan Use Vacant/L-C Zone/RLM General Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Project Description: 21 lot NOTE: Clearinghouse will assign identification numbers for all new projects. If a SCH number already exists for a project (i.e., from a Notice of Preparation or previous draft document) please fill it in. Revised October 1989 city of MITIGATED NEGATIVE DECLARATION Project Address/Location: North of Poinsettia Lane between Aviara Parkway and Black Rail Road in the southwest quadrant within the Zone 20 Specific Plan - area. Project Description: A Local Coastal Program Amendment, Zone Change, Tentative Tract Map, Site Development Plan, Hillside Development Permit and Coastal Development Permit to change the zoning from Limited Control (L-C) to One Family Residential/Qualified Overlay Zone/Open Space (R-l-7,500-Q/OS) and to subdivide the 27.7 acre parcel into 21 standard single family 7,500+ square foot lots and one open space lot. Single family homes are also proposed on each lot. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project “as revised” may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Mitigated Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Anne Hysong in the Planning Department at (760) 438-l 161, extension 4477. DATED: JULY 29,1999 CASE NO: ZC 98 12/LCPA 9%09XT 98- 19/HDP 98-2 l/GDP 9%86/SDP 99-05 CASE NAME: ROESCH PROPERTY SUBDIVISION PUBLISH DATE: JULY 29,1999 . Planning Director 2075 La Palmas Dr. * Carlsbad, CA 92009-1576 - (760) 438-l 161 - FAX (760) 438-0894 @ ROESCH PROPERTY RESIDENTIAL SUBDIVISION ZC 9842lLCPA 98909ICT 98-l 91 SDP 99=05/HDP 98-2lICDP 98-86 ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: ZC 9%12/LCPA 98-09/CT 98-19/HDP 98-21/GDP 98-86/SDP 99-05 DATE: Februarv 2 1, 1999 BACKGROUND 1. CASE NAME: Roesch Property 2. APPLICANT: Standard Pacific Homes 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 9335 Chesaneake Drive. San Diego, 4. DATE EIA FORM PART I SUBMITTED: 5. PROJECT DESCRIPTION: A urouosed Local Coastal Proeram Amendment and Zone Change to change the land use desizznation for the site from Limited Control (L-C) to One-Family Residential. 7.500 sauare foot minimum lot size. Qualified Develoument Overlay Zone (R-l- 7,500 -0) and Oven Snace (OS) on a 27.7 acre narcel. Also urouosed is a Tentative Tract Mar, to create 21 residential lots and 1 onen snace lot, a Site DeveloDment Plan. Hillside Develonment Permit. and Coastal Development Permit. The nroiect site is located in the southwest auadrant north of Poinsettia Lane between Black Rail Road and Aviara Parkwav within the boundaries of the Zone 20 Snecific Plan.. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. 0 Land Use and Planning (x1 Transportation/Circulation cl Public Services cl Population and Housing lxl Biological Resources 0 Utilities & Service Systems 0 Geological Problems III Energy & Mineral Resources 0 Aesthetics cl Water lxl Hazards lxl Cultural Resources q Air Quality cl Noise cl Recreation q Mandatory Findings of Significance Rev. 03/28/96 - v DETERMINATION. (To be completed by the Lead Agency) cl 0 lzl IXI cl I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation - measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Mitigated Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT‘be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier Master Environmental Impact Review (MEIR 93-01) pursuant to applicable standards and (b) have been voided or mitigated pursuant to that earlier Master Environmental Review (MEIR 93-Ol), including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. Date Rev. 03128196 ENVIRONMENTAL IMPACTS -- STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. l A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. a “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. l “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. l “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant. l Based on an “EIA-Part II”, if a proposed project could have a potentially significant effect on the environment, but &l potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). l When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. l A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. 3 Rev. 03128196 l If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. l An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has - not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. 4 Rev. 03128196 Issues (and Supporting Information Sources). I. LAND USE AND PLANNING. Would the proposal:. 4 b) c> 4 e> Conflict with general plan designation or zoning? (Source #(s): (#l:Pgs 5.6-l - 5.6-18; #2: Pgs III-74 - III - 87) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (#l:Pgs 5.6-l - 5.6-18; #2 Pgs III-74 - III -87) Be incompatible with existing land use in the vicinity? (#l:Pgs 5.6-l - 5.6-18; #2 Pgs III -74 - III -87) Affect agiicultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses? (#l:Pgs 5.6-l - 5.6-18; #2 Pgs III-74 - III - 87) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? (#l:Pgs 5.6-l - 5.6-18; #2 III - 74 - III -87) II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (#l:Pgs 5.5-l - 5.5-6) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (#l:Pgs 5.5-l - 5.5-6) c) Displace existing housing, especially affordable housing? (#l:Pgs 5.5-l - 5.5-6) III. GEOLOGIC PROBLEMS. Would the proposal result in or 4 b) c) 4 e) fl 8) h) 0 expose people to potential impacts invOlving: Fault rupture? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs III-112 - 111-l 18; #4) Seismic ground shaking? ((#l:Pgs 5.1-1 - 5.1-15; #2: Pgs III-l 12 - III-1 18; #4) Seismic ground failure, including liquefaction? ((#l:Pgs 5.1-1 - 5.1.15; #2: Pgs III-112 - 111-118; #6) Seiche, tsunami, or volcanic hazard? (#l :Pgs 5. l-l - 5.1-15;#2: Pgs III-112 - 111-118; #/4) Landslides or mudflows? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs III-112 - 111-118; #4) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs III-112 -111-118; ##4) Subsidence of the land? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs III-112 - 111-118; #4) Expansive soils? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs III-112 - III -118; #4) Unique geologic or physical features? (#l :Pgs 5. l-l - 5.1-15; #2 Pgs III -112 - III -118; #4) IV. WATER. Would the proposal result in: 5 Rev. 03128196 Potentially Significant Impact 0 cl zl 0 III q El cl II cl 0 cl El III cl El q -- Potentially Significant Unless Mitigation Incorporated cl q 0 El q 0 0 0 q q q El 0 q q q cl Less Than Significant Impact 0 cl 0 III III q cl q q III cl cl 0 cl q El 0 No impact El El . Ix] El Is1 Ix1 lxl lxl IXI lxl lxl Is] IXI IXI lxl IXJ lxl Issues (and Supporting Informatzn Sources). 4 b) cl d) e) f) g) h) 9 Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (#l:Pgs 5.2-l - 5.2- 11; #5) Exposure of people or property to water related hazards such as flooding? ((#l:Pgs 5.2-l - 5.2-11; #5) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? ((#l:Pgs 5.2-l - 5.2-l 1; #5) Changes in the amount of surface water in any water body? ((#l:Pgs 5.2-l - 5. 2-11; #5) Changes in currents, or the course or direction of water movements? ((#l:Pgs 5.2-l - 5.2-l 1; #5) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? ((#l:Pgs 5.2-l - 5.2-l 1; #5) Altered direction or rate of flow of groundwater? ((#l:Pgs 5.2-l - 5.2-l 1; #5) Impacts to groundwater quality? ((#l:Pgs 5.2-l - 5. 2- 11; #5) Substantial reduction in the amount of groundwater otherwise available for public water supplies? ((#l:Pgs 5.2-l - 5.2-l 1) V. AIR QUALITY. Would the proposal: 4 b) cl 4 Violate any air quality standard or contribute to an existing or projected air quality violation? (#l:Pgs 5.3- 1 - 5.3-12) Expose sensitive receptors to pollutants? (#l:Pgs 5.3-l - 5.3-12) Alter air movement, moisture, or temperature, or cause any change in climate? ((#l:Pgs 5.3-l - 5.3-12) Create objectionable odors? ((#l:Pgs 5.3-l - 5.3-12) VI. TRANSPORTATION/CIRCULATION. Would the 4 b) c) 4 e) f-l g> proposal result in: Increased vehicle trips or traffic congestion? (#l:Pgs 5.7-l - 5.7.22; #2: Pgs III-58 - 111-69, #7) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (#l:Pgs 5.7-l - 5.7.22; #2: Pgs III-58 - 111-69) Inadequate emergency access or access to nearby uses? (#l:Pgs 5.7-l - 5.7.22; #2: Pgs III-58 - 111-69) Insufficient parking capacity on-site or off-site? (#l:Pgs 5.7-l - 5.7.22; #2: Pgs III-58 - 111-69) Hazards or barriers for pedestrians or bicyclists? (#l:Pgs 5.7-l - 5.7.22; #2: Pgs III-58 - 111-69) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (#l:Pgs 5.7-l - 5.7.22; #2: Pgs III-58 - 111-69) Rail, waterborne or air traffic impacts? (#l:Pgs 5.7-l - 5.7.22; #2: Pgs III-58 - 111-69) Potentially Significant Impact cl cl cl q cl El cl q q q q q cl IXI cl 0 0 0 III El Potentially Significant Unless Mitigation Incorporated El q III q q q cl q El q 0 El cl 0 cl q 0 q 0 cl Less Than Significant Impact cl El III q q cl III cl 0 0 0 0 cl 0 El q q 17 q 0 No Impact Ix] ISI IXI El Ix1 Ix1 Ix] txl El 0 Ix] El Ix) cl lxl El ixl [XI IXI Ix1 6 Rev. 03128196 Issues (and Supporting Informat; Sources) VII. BIOLOGICAL RESOURCES. Would the proposal result a) b) c) 4 e> VIII. 4 b) c) in impacts to: Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? (#l:Pgs 5.4-l - 5.4-24; #2: Pgs III- 37 - 111-57; #3) Locally designated species (e.g. heritage trees)? (#l:Pgs 5.4-l - 5.4-24; #2: Pgs III-37 - 111-57; #3) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (#l:Pgs 5.4-l - 5.4-24; #2: Pgs III-37 - 111-57; #3) Wetland habitat (e.g. marsh, riparian and vernal pool)? (#l:Pgs 5.4-l - 5.4-24; #2: Pgs III-37 - 111-58; #3) Wildlife dispersal or migration corridors? (#l :Pgs 5.4- 1 - 5.4-24; #2: Pgs III-37 - 111-57; #3, #8) ENERGY AND MINERAL RESOURCES. Would the proposal? Conflict with adopted energy conservation plans? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9) Use non-renewable resources in a wasteful and inefficient manner? (#l:Pgs 5.12.1-1 -5.12.1-5 & 5.13- 1 - 5.13-9) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9) IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? (#l:Pgs 5.10.1-l - 5.10.1-5) b) Possible interference with an emergency response plan or emergency evacuation plan? (#l:Pgs 5.10.1-l - 5.10.1-5) c) The creation of any health hazard or potential health hazards? (#l:Pgs 5.10.1-l - 5.10.1-5; #2: Pgs III-97 - III- 105) d) Exposure of people to existing sources of potential health hazards? (#l:Pgs 5.10.1-l - 5.10.1-5; #2: Pgs III-97 - III- 105) e) Increase fire hazard in areas with flammable brush, grass, or trees? (#l:Pgs 5.10.1-l - 5.10.1-5) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (#l:Pgs 5.9-l - 5.9- 15; #2: Pgs III-88 - 111-96; #6) b) Exposure of people to severe noise levels? (#l:Pgs 5.9- 1 - 5.9-15; #2: Pgs III-88 - 111-96; #5) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? (#l:Pgs 5.12.5-1 - 5.12.5-5) Potentially Significant Impact q q q q q q q q q q El q q q q q -- Potentially Significant Unless Mitigation Incorporated lxl q lxl q w q q q q q El El q q q q Less Than Significant Impact q q q q q q q q No Impact q (x1 q lxl q lxl (XI lxl q lxl q lxl q u 0 q Jl [XI q El q El Rev. 03128196 7 Issues (and Supporting Informatzn Sources). b) c) 4 e> Police protection? (#l:Pgs 5.12.6-1 - 5.12.6-4) Schools? (#l:Pgs 5.12.7.1 - 5.12.7-5) Maintenance of public facilities, including roads? (#l, pgs 5.12.1-1 - 5.12.8-7) Other governmental services? (#l:Pgs 5.12.1-I - 5.12.8-7) XII. UTILITIES AND SERVICES SYSTEMS. Would the a> b) c> 4 e) f, d XIII. a> b) c> XIV. 4 b) c> 4 e) proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: Power or natural gas? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9) Communications systems? (#l; pgs 5.12.1-1 - 5.12.8-7) Local or regional water treatment or distribution facilities? (#l:Pgs 5.12.2-1 - 5.12.3-7) Sewer or septic tanks? (#l:Pgs 5.12.3-1 - 5.12.3-7) Storm water drainage? (#l:Pg 5.2-8) Solid waste disposal? (#l:Pgs 5.12.4-1 - 5.12.4-3) Local or regional water supplies? (#l:Pgs 5.12.2-1 - 5.12.3-7) AESTHETICS. Would the proposal: Affect a scenic or vista or scenic highway? (#l:Pgs 5.11-1 - 5.11-5; #2: Pgs III-119 - 111-151) Have a demonstrate negative aesthetic effect? (#l:Pgs 5.1 l-l - 5.11-5; #2: Pgs III-1 19 - 111-151) Create light or glare?,(#l:Pgs 5.11-l - 5.11-5; #2: Pgs III-119 - 111-151) CULTURAL RESOURCES. Would the proposal: Disturb paleontological resources? (#l:Pgs 5.8-l - 5.8- 10; #2: Pgs III-106 - 111-107) Disturb archaeological resources? (#l:Pgs 5.8-l - 5.8- 10; #2: Pgs III-70 - 111-73) Affect historical resources? (#l:Pgs 5.8-l - 5.8-10;#2: Pgs III-70 - 111-73) Have the potential to cause a physical change which would affect unique ethnic cultural values? (#l:Pgs 5.8-l - 5.8-10; #2: Pgs III-70 - 111-73) Restrict existing religious or sacred uses within the potential impact area? (#l:Pgs 5.8-l - 5.8-10; #2: Pgs III-70 - 111-73) XV.RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (#l:Pgs 5.12.8-I - 5.12.8-7) b) Affect existing recreational opportunities? (#l :Pgs 5.12.8-1 - 5.12.8-7) Potentially Significant Impact q q q q q q q q q q q q q q q q q q q q q 1 Potentially Significant Unless Mitigation Incorporated cl q q q q q q q q q q q q q 5 q q q q q q Less Than Significant Impact q q q q q q q q q q q q q q q q q q q q q No Impact El 5 5 5 - 5 5 5 5 5 5 5 5 5 5 q 5 5 5 5 5 5 XVI. MANDATORY FINDINGS OF SIGNIFICANCE. 8 Rev. 03128196 Issues (and Sunnorting Information Sources). Potentially Potentially Less Than No 4 Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated q 5 q q b) c> 5 q q q q q q 5 Rev. 03128196 XVII. EARLIER ANALYSES. Earlier analysis of this proposed single family residential project has been completed through the General Plan Update (GPA 94-01) and related Master Environmental Impact Report (MEIR 93-01) . The MEIR is cited as source #l in the preceding checklist. This proposal is consistent with the applicable portions of the General Plan and is considered a project that was described in MEIR 93-01 as within its scope. All feasible mitigation measures identified in MEIR 93-01 which are appropriate to the project have been incorporated into this project. The project site is located in an area which is subject to the requirements of the Zone 20 Specific Plan approved by the City Council in 1994. A program EIR was certified for the Zone 20 Specific Plan. The Zone 20 Program EIR identified, analyzed, and recommended mitigation to reduce potentially significant impacts to insignificant levels. The Zone 20 Program EIR (PEIR) analyzed potential impacts to agriculture, air quality, biology, circulation, land use, noise, pesticide residue, paleontology, public facilities financing, soils/geology, and visual aesthetics that could result from the development of the Specific Plan area. The Program EIR is intended to be used in the review of subsequent projects within Zone 20. The project incorporates the required Zone 20 Program EIR mitigation measures, and through the analysis of the required additional biological, geotechnical, hydrology, and noise analysis a determination has been made that no additional significant impacts beyond those identified and mitigated by the Program EIR will result from this project. The following environmental evaluation briefly explains the basis for this determination along with identifying the source documents which support the environmental determination. The Zone 20 Program EIR and additional technical studies are cited as source documents for this environmental evaluation. 10 Rev. 03128196 - DISCUSSION OF ENVIRONMENTAL EVALUATION I. PROJECT DESCRIPTION/ENVIRONMENTAL SETTING The project site is approximately 27.7 acres in size and is located at the north of Poinsettia Lane between Aviara Parkway and Black Rail Road . The project consists of 21 residential lots with a minimum lot area of 7,500 square feet and one 21.87 acre open space lot. The site contains coastal sage scrub, southern maritime chaparral, native grasslands, southern willow scrub, ’ California gnatcatchers, sensitive plant species, and areas which have been used for agriculture. A total of 27.7 acres of the site are designated as Residential Low-Medium Density (RLM O-4 DU/AC). The project site is zoned Limited Control (L-C). A zone change and local coastal program amendment are proposed to designate the site as One-Family Residential, 7,500 square foot minimum lot size, Qualified Development Overlay Zone (R-l-Q) and Open Space (OS) to correspond to the existing general plan land use designations. An irrevocable offer of dedication will be required over the open space lot. A portion of the residential density from these parcels is being transferred to the area of the site which is proposed to be developed. In addition to approval of the tentative map application a hillside development permit and coastal development permit approval are being requested. 11 Rev. 03128196 II. ENVIRONMENTAL ANALYSIS B. Environmental Impact Discussion V. a) Air Quality The implementation of projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. - These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a “non-attainment basin”, any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region, To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered’ cumulatively significant because the project is located within a “non-attainment basin”, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for air quality impacts. This “Statement Of Overriding Considerations” applies to all projects within the scope of the General Plan’s Final Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. VI. a) Transportation/Circulation The implementation of projects that fall within the scope of and are included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City’s adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when 12 Rev. 03128196 --- adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. The project will be conditioned to dedicate a segment of the future citywide trail within the western portion of the site (SDG&E access road), and to pay its fair share of the cost of the Poinsettia Lane road segment through Zone 20. Regional related circulation impacts are considered cumulatively significant because of the - failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for circulation impacts. This “Statement Of Overriding Considerations” applies to all projects that fall within the scope of the General Plan’s Master EIR, including this project. The City has received its annual Growth Management Traffic Monitoring Report. The Report has recorded an unanticipated intersection “level of service” (LOS) failure at Palomar Airport Road (PAR) and El Camino Real (ECR) during both the a.m. and p.m. peak hours. This potentially creates a changed circumstance negating reliance on previous environmental documentation. Pursuant to 0 15 162 of the CEQA Guidelines a lead agency must prepare a “Subsequent” environmental documentation if substantial evidence (i.e., the recorded intersection failure) determines that a changed circumstance exists. However, case law has interpreted this section of the CEQA Guidelines to not require the preparation of a “Subsequent EIR” if mitigation measures are adopted which reduce the identified impacts to a level of insignificance. A mitigation measure has been identified which, if implemented, will bring the peak hours LOS into the acceptable range. The mitigation measure involves construction of two dual right turn lanes-northbound to eastbound and westbound to northbound. This project has been conditioned to pay its fair share of the intersection “short-term improvements,” thereby guaranteeing mitigation to a level of insignificance. VII. a, c. & d) Biological Resources The Zone 20 Program EIR identified the mitigation requirement that future site specific biological survey studies that focus on the impacts created by individual subsequent development projects be prepared. The additional biological studies are required to consider the baseline data and biological open space recommendations of the Zone 20 Program EIR and provide more detailed and current resource surveys. The site specific biological survey is required to identify mitigation for any project specific impacts. A report entitled, “Biological Resources Assessment of the Rosech Site Located in the City of Carlsbad, San Diego County, California,” dated December 8, 1998 by Natural Resource Consultants has been prepared for the project. In addition, a separate sensitive plant survey on a portion of the Roesch property has been conducted to analyze the biological impacts associated with the proposed project grading and fire suppression zones. 13 Rev. 03/28/96 .- The biology report for the Roesch property determined that implementation of the project would result in the direct loss of 6.61 acres or approximately 24% of the site including impacts to the following habitat types and sensitive plant and animal species : n 5.02 acres of agricultural - less than significant n 0.0 acre of coastal sage scrub - less than significant n 1.37 acre of southern maritime chaparral - significant H 4.98 acre of annual non-native grassland - less than significant n .28 acres of ruderal - less than significant n .Ol acres of eucalyptus woodlands - less than significant n approximately 296 white coast ceanothus W 20 Nuttall’s scrub oak n 159 1 square feet of western dichondra n 484 square feet of ashy spike moss Based on cumulative data pertaining to the site, it is assumed the site supports two gnatcatcher pairs within the coastal sage scrub and chaparral areas. The California gnatcatcher observed onsite were located on the north and south sides of the site within chaparral and coastal sage scrub vegetation. There will be no impact to its preferred habitat, coastal sage scrub. Indirect impacts may result in the reduction of the carrying capacity of the native habitats, however, the patch of habitat onsite is connected to additional habitat offsite. The proposed plan results in the preservation of approximately 21 acres (76 percent), 14.5 acres of which are native habitats, in natural open space, including 100% of native grasslands, coastal sage scrub, disturbed coastal sage scrub, and southern willow scrub, and 67% of southern maritime chaparral. The following onsite impacts associated with implementation of the proposed development plan are considered significant: a) Loss of 1.37 acre of southern maritime chaparral. The Roesch property is identified as a standards area within Linkage Area F of the Carlsbad Draft Habitat Management Plan (HMP). Standards areas require a minimum preservation of 67 percent of coastal sage scrub and 75 percent of gnatcatchers as well as 100% conservation of narrow endemic species. Additionally, within Zone 20, a goal is established for no net loss of wetland habitats, southern maritime chaparral, maritime succulent scrub and coastal sage scrub. The proposed project meets the standards area conservation requirements outlined by the Draft Carlsbad HMP: the project ensures the functioning of preserve linkages due to the preserve design and native habitats that are contiguous with open space on adjacent parcels is preserved. Although the project results in the loss of 1.37 acre of southern. maritime chaparral, it does not contain narrow endemic plants and is located to the east of the linkage corridor proposed by the Roesch project. The project contributes to the preservation of resources and the ultimate development of the subregional preserve system by contributing open space, a total of 21 acres of predominately native habitats, in a continuous configuration through Linkage Area F. On an overall project-level basis, the property is proposed to preserve 7.6 percent of the site, with the sensitive native habitats onsite proposed to receive approximately 100 percent preservation except for southern maritime chaparral. The potential indirect impact to the 2 pair of gnatcatchers observed onsite resulting from grading activities would be mitigated through direct surveys to locate active gnatcatcher nests. If nests are present, no grading or removal of habitat may take place within 200 feet of active nesting sites during the nesting/breeding season (mid-February through mid-July). 14 Rev. 03/28/96 - Thus, the proposed project G’consistent with the Draft Carlsbad HMP. Mitigation Measures The project design mitigates direct impacts to southern maritime chaparral and the sensitive plant species that occur within this habitat. Included in the project design is the granting of an irrevocable offer of dedication to the City of Carlsbad or an acceptable entity for an open space/conservation easement over Lot 22 of the tentative map. This covers over 67 percent (2.79 acres) of the southern maritime chaparral on the Roesch property. This satisfies the 2:l * mitigation ratio that is typically required by the resource agencies for the impact of southern maritime chaparral. The open space easement also includes the preservation of 100% of native grasslands, coastal sage scrub, disturbed coastal sage scrub, southern willow scrub as well as the majority of wart-stemmed ceanothus, Nuttall’s scrub oak, western dichondra, ashy spike moss, and California gnatcatcher occurring onsite. In addition, the following mitigation measures will be implemented: To mitigate potential disturbances to the California gnatcatcher resulting from grading activities, prior to the commencement of grading activities, direct surveys to locate active gnatcatcher nests shall be conducted by a qualified biologist. If nests are present, no grading or removal of habitat may take place within 200 feet of active nesting sites during the nesting/breeding season (mid- February through mid-July). The Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provision: a. The CGSzRs shall include provisions specifying maintenance responsibility for Open Space Lot 22. The CC&Rs shall stipulate that within the boundaries of the HOA open space easement, structures or any other thing not shown on the approved tentative map or landscape plans shall be prohibited. The Developer shall dedicate to the Homeowner’s Association on the final map, an open space maintenance easement over Lot 22 identified on the tentative map to enable maintenance activities within the easement area including but not limited to, landscaping and irrigation in accordance with the approved tentative map and landscape plans, removal of debris and trash, minimal fire suppression thinning, and erosion prevention and remediation. A note to this effect shall be placed on the non-mapping data sheet of the final map. Removal of native vegetation and development of Open Space Lot(s) 22, 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, landscape plan, etc. as shown on the project exhibits, is specifically prohibited, except upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon written approval of the Planning Director, based upon a request from the Homeowners Association accompanied by a report from a qualified arbor&/botanist indicating the need to remove specified trees and/or plants because of disease or impending danger to adjacent habitable 15 Rev. 03128196 dwelling unis. For areas containing native vegetation the report required to accompany the request shall be prepared by a qualified biologist. IX. c) and d) Hazards Agricultural chemicals have previously been used on the site according to the Zone 20 Program EIR. Because of this prior use there is the potential for soil contamination resulting from the varying degrees of degradation, prevalence in the environment, and toxicity of the agricultural chemicals which may have been used. The following mitigation measures shall be implemented - to lessen this potential impact to a level of less than significant as required by the Zone 20 Program EIR: Prior to approval of the final map or grading plan a detailed soils testing and analysis report shall be prepared by a registered soils engineer, and submitted to the City Planning and Engineering Departments as well as the County Department of Environmental Health for review and approval. This report shall evaluate the potential for soil contamination on-site due to historic use, handling, or storage of restricted agricultural chemicals. The report shall also identify a range of possible mitigation measures to remediate any potentially significant public health impacts if hazardous chemicals are detected at high concentrations in the soil. Such mitigation measures shall include, at a minimum: a. Remove any contaminated soils and haul to a State-certified landfill. b. Cap the area of soil contamination with materials appropriate for the containment of the specific type of chemical, taking into account its rate of absorption and toxicity level. C. Place the area of soil contamination in an open space easement, with restrictions on future construction of permanent buildings and human uses. Fencing and warning signs shall also be installed, where appropriate, prohibiting potential use of the site. 2) The applicant shall notify, in a manner satisfactory to the City Attorney, all tenants/users of new development that these areas are subject to dust, pesticides, and odors associated with adjacent agricultural operations, and that the tenants/users occupy these areas at their own risk. X. b) Noise A noise study was prepared for the project as required by a mitigation measure identified in the Zone 20 program EIR. All projects located within 500 feet of existing/future Poinsettia Lane are required to analyze the projected traffic noise impacts. The acoustical evaluation prepared by Investigative Science and Engineering concluded that the all noise levels at receptor points would be below the 670 dBA CNEL threshold established by the City; therefore no mitigation is required. In accordance with mitigation required by the Zone 20 EIR, the following condition shall be applied to the project: Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property 16 Rev. 03/28/96 - is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). XIV. a) Cultural Resources - Paleontology According to the Zone 20 Program EIR the geologic formations present within the Zone 20 Specific Plan Area have the potential to contain significant fossils. There is a high potential for the discovery of fossils during future grading and construction activities. The following - mitigation measures shall be implemented during future grading of the site to reduce potentially significant impacts on the region’s paleontological resources to an acceptable level: a. Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. A copy of the paleontologist’s report shall be provided to the Planning Director prior to issuance of a grading permit; b. A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. The paleontologist shall make periodic reports to the Planning Director during the grading process; C. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts; d. All fossils collected shall be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum; e. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. III. EARLIER ANALYSES USED The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 2075 Las Palmas Drive, Carlsbad, California, 92009, (760) 438-l 161, extension 4446. 1. “Final Master Environmental Impact Report for the City of Carlsbad General Plan Update” (MEIR 93-Ol), dated March 1994, City of Carlsbad Planning Department. 2. “Final Program Environmental Impact Report for the Zone 20 Specific Plan” (EIR 90- 03), dated June 1992, Brian F. Mooney Associates. 3. “Biological Resources Assessment of the Roesch Site Located in the City of Carlsbad, San Diego County, California”, dated December 8, 1998, Natural Resource Consultants. 4. “Geotechnical Investigation - Roesch Property” (Job No. 06074-12-02), dated May 4, 1998, Geocon, Inc. 17 Rev. 03/28/96 5. “Hydrology Study for Roesch Property in the City of Carlsbad” (W.O. 2240-05), dated June 24, 1998, Hunsaker & Associates, Inc. 6. “Standard Pacific Roesch Property Acoustical Study (SE Report #98-035)” dated December 2, 1998, Investigative Science and Engineering. 7. “1998 Traffic Monitoring Report” for the City of Carlsbad, Valley Research and Planning Associates. 8. “Draft Habitat Management Plan for Natural Communities in the City of Carlsbad” dated April, 1999. 18 Rev. 03128196 LIST OF MITIGATING &ASURES (IF APPLICABLE‘1 1. The project design mitigates direct impacts to southern maritime chaparral and the sensitive plant species that occur within this habitat. Included in the project design is the granting of an irrevocable offer of dedication to the City of Carlsbad or an acceptable entity for an open space/conservation easement over Lot 22 of the tentative map. This covers over 67 percent (2.79 acres) of the southern maritime chaparral on the Roesch property. This satisfies the 2:l mitigation ratio that is typically required by the resource agencies for the impact of southern maritime chaparral. The open space easement also - includes the preservation of 100% of the of native grasslands, coastal sage scrub, disturbed coastal sage scrub, southern willow scrub, and 2 pair of California gnatcatchers occurring onsite, and the majority of white coast ceanothus, Nuttall’s scrub oak, western dichondra, ashy spike moss. 2. To mitigate potential disturbances to the California gnatcatcher resulting from grading activities, prior to the commencement of grading activities, direct surveys to locate active gnatcatcher nests shall be conducted by a qualified biologist. If nests are present, no grading or removal of habitat may take place within 200 feet of active nesting sites during the nesting/breeding season (mid-February through mid-July). 3. The Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CURS shall contain the following provision: a. The CC&Rs shall include provisions specifying maintenance responsibility for Open Space Lot 22. The CC&Rs shall stipulate that within the boundaries of the HOA open space easement, structures or any other thing not shown on the approved tentative map or landscape plans shall be prohibited. 4. The Developer shall dedicate to the Homeowner’s Association on the final map, an open space maintenance easement over Lot 22 identified on the tentative map to enable maintenance activities within the easement area including but not limited to, landscaping and irrigation in accordance with the approved tentative map and landscape plans, removal of debris and trash, minimal fire suppression thinning, and erosion prevention and remediation. A note to this effect shall be placed on the non-mapping data sheet of the final map. 5. Removal of native vegetation and development of Open Space Lot(s) 22, 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, landscape plan, etc. as shown on the project exhibits, is specifically prohibited, except upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon written approval of the Planning Director, based upon a request from the Homeowners Association accompanied by a report from a qualified arborist/botanist indicating the need to remove specified trees and/or plants because of disease or impending danger to adjacent habitable dwelling units. For areas containing native vegetation the report required to accompany the request shall be prepared by a qualified biologist. 19 Rev. 03128196 6. - Prior to approval of the final map or grading plan a detailed soils testing and analysis report shall be prepared by a registered soils engineer, and submitted to the City Planning and Engineering Departments as well as the County Department of Environmental Health for review and approval. This report shall evaluate the potential for soil contamination on-site due to historic use, handling, or storage of restricted agricultural chemicals. The report shall also identify a range of possible mitigation measures to remediate any potentially significant public health impacts if hazardous chemicals are detected at high concentrations in the soil. Such mitigation measures shall include, at a minimum: a. Remove any contaminated soils and haul to a State-certified landfill. b. Cap the area of soil contamination with materials appropriate for the containment of the specific type of chemical, taking into account its rate of absorption and toxicity level. C. Place the area of soil contamination in an open space easement, with restrictions on future construction of permanent buildings and human uses. Fencing and warning signs shall also be installed, where appropriate, prohibiting potential use of the site. 7. The applicant shall notify, in a manner satisfactory to the City Attorney, all tenants/users of new development that these areas are subject to dust, pesticides, and odors associated with adjacent agricultural operations, and that the tenants/users occupy these areas at their own risk. 8. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). a. Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. A copy of the paleontologist’s report shall be provided to the Planning Director prior to issuance of a grading permit; b. A qualified paleontologist shall be retained to perfotrir periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. The paleontologist shall make periodic reports to the Planning Director during the grading process; C. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts; d. All fossils collected shall be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum; e. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. 20 Rev. 03128196 - - ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) Rev. 03128196 APPLICANT CONC&NCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date 22 Rev. 03128196 ENVIRONMENTAL M~JATION MONITORING CHECKLIS, PAGE 1 OF 5 ENVIRONMENTAL MIh..sATION MONITORING CHECKLIke, PAGE 2 OF 5 2 5 z ‘Z - r .B 2 .= 54 E g .- F Ed% 5s!5 .= m .I- mu 0 ENVIRONMENTAL MI-b>ATION MONITORING CHECKLk,,- PAGE 3 OF 5 ENVIRONMENTAL Ml-i-ATION MONITORING CHECKLIS -_ PAGE 4 OF 5 c 0 ‘3 s E E 9 E 2 s a 40) g .E EE P .- 52 c 5 E a I 8 w= aTi I-E .& -oE g$ t r, 0 u- 9 5 5 b E - u p! 3 E gj .- s E .B g 3 .= * c Fi .G k?? ‘g i P f$ :g g8s ‘a m + CO-00 3 2 a E 3 e m a E m 1 8 i? cn ‘f 0 e Lg s fs- E $ : a s z ; 5 e v) 5: .3 e! 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