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HomeMy WebLinkAboutEIR 04-02A; Agua Hedionda & Calavera Creeks; Environmental Impact Report (EIR)The City of CARLSBAD Planning Division A REPORT TO THE PLANNING COMMISSION Single Family Coastal Development Pennit P.C. AGENDA OF: April3, 2013 ItemNo. 0 Application complete date: Febmary 6, 2013 Project Planner: Pam Drew Project Engineer: Shen-i Howard & Glen Van Peski SUBJECT: EIR 04-02(A)JCDP 06-04xl(A)JSUP 06-02xl(A) -AGUA HEDIONDA & CALA VERA CREEKS -Request for approval of an Addendum to Environmental hnpact Report No. 04-02, and an amendment to Coastal Development Permit No. 06-04x1 and Special Use Pennit No. 06-02x1 to: 1) install additional riprap in Agua Hedionda creek channel in place of slope stabilization using V -max; 2) install riprap drop stmchn·es in place of gab ion drop stmctures in Agua Hedionda and Calavera creek channels; 3) install a riprap stmcture in Agua Hedionda creek challllel, beneath the C31lllon Road bridge and in the Coastal Zone; 4) install additional riprap along both banks of Agua Hedionda creek channel between the Cannon Road and El Camino Real bridges and in the Coastal Zone; and 5) remove approximately 7,000 additional cubic yards of sediment within the two channels to acconnnodate the riprap, located on portions of Agua Hedionda and Calavera creek challllels at, and near, the intersection of El Camino Real and Callllon Roads, within the Rancho Carlsbad residential community, and within Local Facilities Management Zones 8, 14, 15 and 24. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 6950, 6951 and 6952 APPROVING an Addendum to Enviromnental hnpact Report EIR 04-02, and an amendment to Coastal Development Petmit CDP 06-04x1 and Special Use Pennit SUP 06-02x1 based upon the findings and subject to the conditions contained therein. II. INTRODUCTION AND BACKGROUND In March 2006, emergency channel dredging was conducted and completed in pot1ions of Agua Hedionda and Calavera creek challllels to provide immediate flood protection for the residential connnunity of Rancho Carlsbad. Emergency dredging was conducted in two phases. The first phase involved removing vegetation and dredging within the charmel between the El Camino Real and Catmon Road bridges. The second phase included dredging of the Agua Hedionda creek channel from the El Camino Real Bridge, working eas tward (upstream) to the southem bmmdary of Rancho Carlsbad Drive. To facilitate the work, the city issued an emergency Coastal Development Pennit in Febnuuy 2006. Biological impacts associated with the emergency wm:k are being mitigated. EIR 04-02(A)/CDP 06-04x1(A)/SUP 06-02x1(A) – AGUA HEDIONDA & CALAVERA CREEKS April 3, 2013 PAGE 2 The 2006 emergency dredge activities were required to address immediate flood control and public safety needs of the Rancho Carlsbad community; however, long-term dredging, improvements, and regular maintenance for the Agua Hedionda and Calavera creek channels must be completed to restore and maintain the flood control capacity of the channels. In response, a Coastal Development Permit (CDP), Special Use Permit-floodplain (SUP), and Habitat Management Plan Permit (HMPP) were submitted. On January 16, 2008 the Planning Commission approved a Coastal Development Permit (CDP 06-04), Special Use Permit-Floodplain (SUP 06-02), and a Habitat Management Plan Permit (HMPP 06-03) for the Agua Hedionda and Calavera Creeks project for the dredging, improving, and long-term maintenance of portions of Agua Hedionda and Calavera creek channels. In addition, an Environmental Impact Report (EIR 04-02), Zone Code Amendment (ZCA 07-04) and a Local Coastal Program Amendment (LCPA 07-06), were also approved for the City of Carlsbad Drainage Master Plan Update. The two projects were approved together. The CDP was appealed to the California Coastal Commission (CCC). Staff worked diligently with the appellant, Preserve Calavera, and came to a compromise on several issues including the location of the mitigation site within the Agua Hedionda watershed, which resulted in the withdrawal of the appeal and the CDP to stand. The permits were due to expire on September 13, 2012; however, the city extended the permits for an additional two years (from September 13, 2012 to September 13, 2014) as the city pursues finalizing all required permits from the U.S. Army Corps of Engineers (USACE), California Department of Fish and Wildlife (CDF&W) and Regional Water Quality Control Board (RWQCB). The permits have not yet been obtained so construction of the project has not begun. The proposed project changes are a result of the city conducting additional engineering analysis and the resource agencies requesting project changes. Staff evaluated whether project changes would result in new or additional environmental impacts not adequately addressed in the certified EIR. Furthermore, an amendment to the original CDP and SUP are also required since the project changes are located within the floodplain and a portion of the amended project is within the Coastal Zone. The revised project continues to comply with the Drainage Master Plan, which incorporates this project as basins “B” and “BN,” and the project EIR. III. PROJECT DESCRIPTION As stated previously, the proposed changes are the result of refined engineering analysis and the changes requested by the resource agencies. Changes to the project include: 1. Installation of additional riprap along both banks of Agua Hedionda creek channel (rather than a combination of riprap and bank stabilization with Vmax slope-treatment material); 2. Installation of riprap drop structures in place of gabion drop structures in Agua Hedionda and Calavera creek channels; EIR 04-02(A)/CDP 06-04x1(A)/SUP 06-02x1(A) – AGUA HEDIONDA & CALAVERA CREEKS April 3, 2013 PAGE 3 3. Installation of a riprap structure in Agua Hedionda creek channel beneath the Cannon Road bridge and in the Coastal Zone; 4. Installation of additional riprap along both banks of Agua Hedionda creek channel between the Cannon Road and El Camino Real bridges and in the Coastal Zone; and 5. Removal of approximately 7,000 additional cubic yards of dredge material as earth in the channel needs to be removed to accommodate the riprap. The decision to install additional riprap along the banks of Agua Hedionda creek channel was the result of refined engineering analysis that determined it was necessary to further protect the banks from erosion. The change from gabion drop structures to riprap drop structures in both creek channels was made at the request of the USACE, who expressed concerns related to the stability of the previously proposed gabions. The inclusion of the riprap structure beneath the Cannon Road bridge was made at the request of CDF&W, who expressed concerns with potential sedimentation and/or erosion in the downstream habitat preserve. The EIR (04-02) concluded that 278 of the 504 homes in this community were subject to 100- year flood inundation. The proposed project is a part of a program of three flood control projects. The city has already implemented two of the projects which included construction of two major flood retention facilities: the repair and rehabilitation of the outlet works to Lake Calavera Dam, and the construction of an 84” storm drain pipe paralleling Calavera Creek. The dredging and improvement of the Agua Hedionda and Calavera Creeks is the third and final project proposed for implementation. Currently, 168 homes remain in the flood inundation area. With implementation of this amended flood control project, all but 22 homes would be removed from the floodplain. The previous project would have removed all but 9 homes from the floodplain; however, the change from a gabion drop structure to a riprap drop structure in Agua Hedionda creek channel slightly reduced its capacity, as compared to the previously approved project. Upon completion of channel dredging and improvements, a survey will be performed to identify the exact number of homes that would remain within the floodplain. As a result of the project changes, additional environmental impact analysis was performed by AECOM to consider how these changes might affect the analysis and conclusions of project impacts as they were presented in the certified EIR. Based on a preliminary review, AECOM identified five environmental issues that needed to be addressed—Visual Resources (Section 4.3 of the 2007 EIR), Transportation/Circulation (Section 4.4), Air Quality (Section 4.5), Hydrology/Water Quality (Section 4.9), and Greenhouse Gas Emissions (not included in the 2007 EIR). AECOM determined that the remaining sections of the 2007 EIR would not be affected in any meaningful way by the changes in the project and do not warrant detailed assessment. After further assessment, it was determined that the revised project is within the scope of the certified EIR and an addendum to document the project changes is appropriate (see Attachment 1). EIR 04-02(A)/CDP 06-04x1(A)/SUP 06-02x1(A) – AGUA HEDIONDA & CALAVERA CREEKS April 3, 2013 PAGE 4 IV. ANALYSIS The project is subject to the following regulations and requirements: A. General Plan; B. Special Use Permit (Floodplain Management) Regulations (Chapter 21.110 of the Carlsbad Municipal Code); C. Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (CMC Chapter 21.201) and the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203); and D. Growth Management (CMC Chapter 21.90). The recommendations for approval of this project were developed by analyzing the project’s consistency with the applicable city regulations and policies. The project’s compliance with each of the above regulations is discussed in detail in the sections below. A. General Plan TABLE 1 - GENERAL PLAN COMPLIANCE ELEMENT GOAL, OBJECTIVE, POLICY OR PROGRAM PROJECT CONSISTENCY Public Safety A City which minimizes injury, loss of life, and damage to property resulting from the occurrence of floods (Flood Hazards – Goal A). The dredging of Agua Hedionda and Calavera creek channels in particular would protect approximately 146 homes in Rancho Carlsbad against the threat of flooding. Open Space & Conservation To control storm water pollutants (Water Quality Protection – Objective B.1). Construction of drainage improvements and facilities would be subject to compliance with all regulations imposed by the city and other agencies to ensure storm water quality. Open Space & Conservation To design storm water conveyance systems that do not adversely impact sensitive environmental resources (Water Quality Protection – Objective B.2). The inclusion of the riprap structure beneath the Cannon Road bridge, which was made at the request of the CDF&W, will reduce sedimentation and/or erosion in the downstream habitat preserve, including Agua Hedionda Lagoon. B. Special Use Permit (Floodplain Management) Regulations (Chapter 21.110 of the Carlsbad Municipal Code) The additional project components within the Agua Hedionda and Calavera creek channels require an amendment to SUP 06-02x1 per Zoning Ordinance Chapter 21.110. The amended EIR 04-02(A)/CDP 06-04x1(A)/SUP 06-02x1(A) – AGUA HEDIONDA & CALAVERA CREEKS April 3, 2013 PAGE 5 project complies with the requirements of this Chapter, including its statement of purpose, in that the proposed changes with the dredging and improvements would continue to benefit the Rancho Carlsbad residential community by protecting human life and health, minimizing the need for rescue and relief efforts associated with flooding, and minimizing damage to utilities. As mentioned above, the amended project would protect nearly 146 of the 168 dwelling units currently located within the FEMA flood hazard zone. Upon completion of channel dredging and improvements, a survey will be performed to identify the exact number of homes that would remain within the floodplain. The project also includes a maintenance plan to ensure periodic dredging and maintenance continues so that residences remain protected. The amended project also proposes no buildings, structures or habitable components that would potentially expose people or property to flooding hazards. Furthermore, the amended project would not create any additional hazard or cause adverse impacts to downstream properties or structures, or reduce the ability of the site to pass or handle a base flood of 100-year frequency, in that immediately below the project Agua Hedionda creek channel opens to a wide undeveloped floodplain that extends to the Agua Hedionda Lagoon, which would allow Agua Hedionda and Calavera creek channels to pass floodwaters of such frequency. C. Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (CMC Chapter 21.201) and the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203) The proposed project amendments are in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project involves dredging of existing creek channels that are not navigable, used for recreation, or bordered by public trails or recreation areas. Further, the project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the city's Master Drainage Plan (as well as the proposed Drainage Master Plan Update), Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes are located on the subject property and the site is not located in an area prone to landslides. The existing Local Coastal Program (LCP) requires storm drainage facilities in developed areas to be improved and enlarged according to the City’s existing Master Drainage Plan and thus it is the intent of the LCP, as noted above, to allow implementation of drainage projects that are part of the city’s drainage master planning program. Furthermore, LCP Policy 4-3(b)(3)(a), requires all development to include measures to reduce flow rates, velocities, erosion, and sedimentation for drainage and erosion control. The additional riprap between the El Camino Real and Cannon Road bridges (the portion of the EIR 04-02(A)/CDP 06-04x1(A)/SUP 06-02x1(A) – AGUA HEDIONDA & CALAVERA CREEKS April 3, 2013 PAGE 6 project within the Coastal Zone) is necessary to further protect the banks from erosion and reduce the amount of potential sedimentation and/or erosion in the downstream habitat preserve. D. Growth Management (CMC Chapter 21.90) The Agua Hedionda and Calavera Creeks project is in four Local Facility Management Zones (8, 14, 15, and 24) since these zones all converge at the intersection of El Camino Real and Cannon Road. Because the dredging and improvements proposed involve no construction or development of habitable structures or uses, they would also not impact the city’s ability to plan or provide public services. By enhancing flood protection for Rancho Carlsbad, the proposal complies with the Growth Management Ordinance requirement of adequate drainage. V. ENVIRONMENTAL REVIEW To provide environmental review consistent with the California Environmental Quality Act (CEQA), the city consulted with environmental firm AECOM to determine if the revisions to the amended project would trigger a supplemental or subsequent EIR, or if a simpler document, an addendum, could be prepared. AECOM prepared the project’s EIR that the city certified in 2008. Supplemental and subsequent EIRs require public noticing and review periods similar to that required for Draft EIRs. Unlike addendums, they are necessary to use when a previously certified EIR is no longer adequate to cover the impacts of the changed project. As explained below, staff has reviewed the project changes and found that none of the requirements in CEQA Guidelines sections 15162 or 15163 for supplemental or subsequent EIRs have been triggered. Therefore, the revised project is within the scope of the certified EIR and use of an addendum to document the project changes is appropriate. CEQA Guideline Section 15162 requires a subsequent EIR if: 1. Substantial changes are proposed in the Project which will require major revisions to 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 to the previous EIR; or 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. CEQA Guideline Section 15163 requires a supplemental EIR if: 1. Any of the conditions described in Section 15162 would require the preparation of a subsequent EIR; and EIR 04-02(A)/CDP 06-04x1(A)/SUP 06-02x1(A) – AGUA HEDIONDA & CALAVERA CREEKS April 3, 2013 PAGE 7 2. Only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situation. In preparing the recommended Addendum, staff determined none of the conditions warranting a subsequent or supplemental EIR were met as the following findings show: 1. 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 04-02 remain adequate to address all modifications proposed. 2. 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 04-02. 3. 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 04-02 was certified. 4. The Project will not have any significant effects not discussed in EIR 04-02. 5. 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 recommended Addendum to the previously certified EIR documents the changes included in the permit amendments and is included as an attachment to Resolution No. 6950. ATTACHMENTS: 1. Planning Commission Resolution No. 6950 (EIR) 2. Planning Commission Resolution No. 6951 (CDP) 3. Planning Commission Resolution No. 6952 (SUP) 4. Location Map 5. Background Data Sheet 6. Local Facilities Impact Assessment Form 7. Reduced Exhibits 8. Planning Commission Resolution No. 6376 (EIR 04-02) 9. Final EIR for City of Carlsbad Drainage Master Plan Update dated December 1, 2007 (copy on file in the Planning Division and available at http://www.carlsbadca.gov) 10. Planning Commission Resolution No. 6379 (CDP 06-04) 11. Planning Commission Resolution No. 6380 (SUP 06-02) 12. Planning Commission Resolution No. 6381 (HMPP 06-03) 13. Exhibits “A” – “Z” dated April 3, 2013 • N NOT TO SCALE Agua Hedionda & Calavera Creeks EIR 04-02(A) I COP 06-04x1 (A) I SUP 06-02x1 (A) Revised 01/06 BACKGROUND DATA SHEET CASE NO: EIR 04-02(A)/CDP 06-04x1(A)/SUP 06-02x1(A) CASE NAME: AGUA HEDIONDA & CALAVERA CREEKS APPLICANT: City of Carlsbad REQUEST AND LOCATION: Request for approval of an Addendum to Environmental Impact Report 04-02 and an amendment to, Coastal Development Permit No. 06-04x1 and Special Use Permit No. 06-02x1 to: 1) install additional riprap in Agua Hedionda creek channel in place of slope stabilization using V-max; 2) install riprap drop structures in place of gabion drop structures in Agua Hedionda and Calavera creek channels; 3) install a riprap structure in Agua Hedionda creek channel, beneath the Cannon Road bridge and in the Coastal Zone; 4) install additional riprap along both banks of Agua Hedionda creek channel between the Cannon Road and El Camino Real bridges and in the Coastal Zone; and 5) remove approximately 7,000 additional cubic yards of sediment within the two channels to accommodate the riprap, located on portions of Agua Hedionda and Calavera creek channels at, and near, the intersection of El Camino Real and Cannon Roads, within the Rancho Carlsbad residential community. LEGAL DESCRIPTION: A portion of Parcel 1 of Parcel Map 17985; a portion of Lot 195 of Tract Map 13189; a portion of Lot 148 of Tract Map 13715; a portion of Parcel 1 of Parcel Map 17985; and a portion of Parcel 2 of Parcel Map 19804. APN: Portions of 168-050-37, 38, 39, 40, 41; 168-050-55, 56; 208-162-34; 212-152-01 Acres: 11 (approximate) Proposed No. of Lots/Units: N/A GENERAL PLAN AND ZONING Existing Land Use Designations: OS, RM Proposed Land Use Designation: N/A Density Allowed: 4-8 du/ac (N/A) Density Proposed: N/A Existing Zone: P-C, OS, R-1, RMHP Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site P-C, OS, R-1, RMHP OS, RM Creek channels, vacant North P-C, RMHP RLM, RM Mobile home park, vacant South OS, R-1, RMHP RM, OS Residential, open space East RMHP RM Residential West P-C, OS, R-1, RMHP RM, OS Residential, vacant, open space LOCAL COASTAL PROGRAM Coastal Zone: Yes No Local Coastal Program Segment: Mello II Within Appeal Jurisdiction: Yes No Coastal Development Permit: Yes No Revised 01/06 Local Coastal Program Amendment: Yes No Existing LCP Land Use Designation: OS, RM Proposed LCP Land Use Designation: N/A Existing LCP Zone: OS, R-1 Proposed LCP Zone: N/A PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Municipal Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): N/A ENVIRONMENTAL IMPACT ASSESSMENT Categorical Exemption, Negative Declaration, issued Final Environmental Impact Report, Certified August 5, 2008 by the City Council. Since that time, the project was revised. The revised project was found to be within the scope of the certified EIR; therefore, an Addendum to the Certified EIR was prepared to document the project changes. The Addendum is recommended for approval by the Planning Commission at its April 3, 2013 meeting. Other, CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Agua Hedionda & Calavera Creeks – EIR 04-02(A)/CDP 06- 04x1(A)/SUP 06-02x1(A) LOCAL FACILITY MANAGEMENT ZONES: 8, 14, 15, 24 GENERAL PLAN: OS, RM ZONING: P-C, OS, R-1, RMHP DEVELOPER’S NAME: City of Carlsbad ADDRESS: 1635 Faraday Avenue, Carlsbad, CA 92008-7314 PHONE NO.: 760-602-4600 ASSESSOR’S PARCEL NO.: Portions of 168-050-37, 38, 39, 40, 41; 168-050-55, 56; 208-162-34; 212-152-01 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): N/A ESTIMATED COMPLETION DATE: 2014 A. City Administrative Facilities: Demand in Square Footage = N/A B. Library: Demand in Square Footage = N/A C. Wastewater Treatment Capacity (Calculate with J. Sewer) N/A D. Park: Demand in Acreage = N/A E. Drainage: Demand in CFS = N/A Identify Drainage Basin = B (Identify master plan facilities on site plan) F. Circulation: Demand in ADT = N/A (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = 5 H. Open Space: Acreage Provided = N/A I. Schools: N/A (Demands to be determined by staff) J. Sewer: Demands in EDU N/A Identify Sub Basin = 8, 15A, 24A (Identify trunk line(s) impacted on site plan) K. Water: Demand in GPD = N/A L. The project does not require or affect the Growth Management Dwelling unit allowance. PLANS FOR EIR 04-02(A)/CDP 06-04x1(A) /SUP 06-02x1(A) AGUA HEDIONDA & CALAVERA CREEKS CHANNEL DREDGING AND IMPROVEMENTS CITY OT OCEANSIDE tiiCHV.'AY "e1 -= "'<~> ~ ··~.-:~·j ~T(l, ~ ~ · ... c,\"'"'""'. ~ !l. s"" I .....-PROJECT l....oii..,.-LOCATION ' ;'• L--o~ --\ CITY OF VISTA .,.~--~ ! " ~ PACiriC OCEAN ··X ·~·J • • Lr>. CO,n ·, A'-~ ~ i__._ CtTY OF ENCINITAS VICINITY MAP NOT TO SCALE . ., • CITY Of ' SAN MARCOS TOPOGRAPHY SHO\M-1 ON THESE PLANS WAS GENERATED BY AERIAL SURVEY METHODS FROM INFORMATION GATHERED ON OCTOBER 27,2005 BY PHOTO GEODETIC CORPORATION. TOPOGRAPHY SHOIM-I HEREON CONFORMS TO NATIONAL MAP ACCURACY STANDARDS. ADDITIONAL TOPOGRAPHY SHOWN ON THESE PLANS WAS GENERATED BY A SECOND AERIAL SURVEY FLOI'IIN ON MAY 20 2006 BY TOWILL SURVEY COMPANY FOR THE AGVA HEDIONDA CREEK. THIS NEW INFORMATION WAS PROVIDED BY LYLE ENGINEERING, INC. ON JULY Oil, 2006. THIS REVISED TOPOGRAPHY REFLECTS INTERIM FINISHED GRADE FOR EMERGENCY DREDGING THAT WAS PERFORMED AND COMPLETED (MAY 3. 2006! UNDER ARMY CORPS. PERMTT No. 200600151-KJC ISSUED ON MARCH 3 2006. UPDATED TOPOGRAPHY FOR AGVA HEDIONDA CREEK WAS PROVIDED BY RIGHT-OF-WAY ENGINEERING SERVICES ON FEBRUARY 6, 2012. CONTROL BASED FROM CITY RECORD OF SURVEY NO. 17271 WHICH IS NGVO 1929. HORIZONTAL COORDINATE DATUM IS CALIFORNIA COORDINATE SYSTEM 83, VERSION 1991.35 {NAD 63) TREE LOCATION SURVEY MAP INCORPORATED INTO DRA'MNGS WAS ACQUIRED FROM UPDATED TOPOGRAPHY, RIGHT-OF WAY ENGINEERING SERVICES. DATED FEBRUARY 6, 2012. ADDITIONAL MAPPING PROVIDED BY O'OAY CONSULTANTS. ROBERTSON RANCH EAST VILLAGE. C.T. 02-16 PROJECT LOCATION THIS PROJECT IS LOCATED WITHIN ASSESSORS PARCEL NUMBER($) 168·05()..37 168-050-$ 168-050-39 168-050-40 168-050-41 168-050-42 168-050-43 WHICH INCLUDE UNTTS 1 THRU 96 WHICH INCLUDE UNITS 97 THRU 168 WHICH INCLUDE UNITS 169 THRU 223 WHICH INCLUDE UNITS 224 THRU 297 WHICH INCLUDE UNITS 299 THRU 371 WHICH INCLUDE UNITS 372 THRU 419 WHICH INCLUDE UNITS 420 Ti'IRU 504 DATA SHOWN FROM SAN DIEGO COUNTY ASSESSOR'S MAP 166-()5 SHEET 4. DATED SEPTEMBER 25, 1998 THE CALIFORNIA COORDINATE INDEX OF THIS PROJECT IS: 3311-1671 {2002·6243) PROJECT NO. 3338 CITY OF CARLSBAD CARLSBAD, CALIFORNIA DECEMBER 2012 CITY COUNCIL MATT HALL MARK PACKARD KEITH BLACKBURN FARRAH GOLSHAN DOUGLAS LORRAINE M. WOOD CALL 811 AT LEAST TWO DAYS BEFORE YOU DIG UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA MAYOR MAYOR PROTEM COUNCI L MEMBER COUNCI L MEMBER COUNCI L MEMBER EL ~ \ (<'~ <~ CALAVERACREEK CHANNEL r LAS ENCINAS CREEK ~ROJECT OCATION LOCAT ION MAP NOT TO SCALE "DECLARATION OF RESPONSIBLE CHARGE" I HEREBY DECLARE THAT I AM THE ENGINEER OF WORK FOR THIS PROJECT, THAT I HAVE EXERCISED RESPONSIBLE CHARGE OVER THE DESIGN OF THE PROJECT AS DEFINED IN SECTION 6703 OF THE BUSINESS AND PROFESSIONS CODE. AND THAT THE DESIGN IS CONSISTENT WITH CURRENT STANDARDS. I UNDERSTAND THAT THE CHECK OF PROJECT DRAWINGS AND SPECIFICATIONS BY THE CITY OF CARLSBAD DOES NOT RELIEVE ME, AS ENGINEER OF WORK. OF MY RESPONSIBILTTIES FOR PROJECT DESIGN. BROI'IIN AND CALDWELL 9665CHESAPEAKE DRIVE, SUITE 201 SAN DIEGO, CALIFORNIA 92123 (858) 514-8822 0 -,-LI--VE""R,-,D,-IZ""O,-N-G,-A-L-AN-,G,-----------DATE:------ R.C.E.NO.: 56558 REGISTRATtCN EXPIRATION DATE: 06130'2013 NOT FOR CONSTRUCTION DRAFT 100% SUBMITTAL 1---1--~------------l--1--1--1--1 LEJI cr~rQNgr.NC ~b~~N~AD IL3U 0 1/2 I BROW N AND CALDWELL osn O«So\PUf(( OA'I.(, 9:Ut 2« WOit«>.(I.UfOJt.l~ tz.u ~$1+-oezzr.o.x.,,..,.M.» "AS -BUILo AGUA HEDIONDAAND CALAVERACREEKS CHANNEL DREDGING AND IMPROVEMENTS PROJECT TITLE SHEET .t!I'PftO'Y(D: WIW..W f, PWMW[ft ~e~, ... P.E. DCP. DAlE _ IF ~ISBAADOES~_:~:~::::~•·~~·=·~~·==::~~:~~·=====---~;.;~;;~~::==::~--~~~t===~==jt~=======================t===t===1====t=~ f ~tN M6:~~~ 11~ I HORIZONTAL NCNE REVIEWED BY' I A\ OWN BY' ...EIL-~1 1 PROJE33C38T NO. IIDR~WI3"N2AG NO!. I O£PUTY OTY CNGII'£!R PE: 2417tl EXJ'tRES: 03/31/14 ~ ~ NOT TO SCALE. SCALE I OA'TE INITlAL REVISION DESCRIPTION OA'lt IICTIAL OAK ltWRAL CHKD BY: ...eiL_ ~ v-~L----------------------------------------------------------------~::::::::::::::::::::::::::::::::::::::~:R:T:IC:~::::NCN::':::::::::::IN:~::Ec:ro:R::::::::::::::::D:A:~::::~~=Q=NaR==~==~~::::::::::::::::::::::::~:o:~::·:~:~:·:L ~O=rr::M:ffiO:¥:~:::R:~::B:Y:::OC::::·::::::::::::::::::::~~ : 0 ~ 0 M -0 N 0 a_ ru E ~ c ru MAP KEY SCIENTI FIC NAME COMMON NAME 1 Acacia longifofio Golden Wattle 2 Alnus rhombifolia White Alder 3 Araucaria columnaris Cook pine 4 Arbutus undedo Strawberry Tree 5 Archontophoenix cunninghamia no King palm 6 Collistemon viminalis Weeping bottlebrush 7 Colocedrus decurrens Cal ifornia incense cedar 8 Ceratonio sUiqua Ca rob 9 Chamaerops humilis Mediterranean fan palm 10 Citris x Umon Lemon tree 11 Cotoneaster dammeri Bearberry cotoneaster 12 Cupaniopsis anacardioides Carrot Wood 13 Silver dollar euca lyptus 14 Red ironwood 15 White um 16 Fig Tree 17 Fraxinus velutina Velvet Ash 18 Geijero parvifiora Austra11ian willow 19 Grevillea robusta Silk oak 20 Heteromeles arbatifolio Toyon 21 Leptospermum laevigotum Australian tea tree 22 Malosma Iaurino Laurel sumac 23 Melaleuca nesophila Pink melaleuca 24 Metrosideros excelsa New Zealand Christmas Tree 25 Nerium oleander Oleander 26 Olea europaea Olive tree 27 Phoenix canariensis Canary island palm 28 Photinia fraseri Photinia 29 Pinus canariensis Ca nary island pine 30 Pinus hafepensis Aleppo pine 31 Pittosporum tobira China Mock Orange 32 Pittosporum undulatum Mock orange 33 Platanus racemosa Western sycamore 34 Populus fremontii Fremont cottonwood 35 Prunus campanulata Taiwan flowering cherry 36 Prunus cerasijera Purple leaf plum 37 Pyrus kawakamii Evergreen pear 38 Quercus agrifo/ia Coast live oak 39 Rhus integ,;foHa Lemonade berry 40 Salix bab lonica Wee in willow 41 Salix.laevi ata Red willow 42 Salix lasio/epis Arroyo willow 43 Schinus mol/e Peruvian pepper tree 44 Schinus terebin th ifo/ius Brazilian pepper tree 45 Syagrus romanzoffianum Queen pa lm 46 tecoma capensis Cape honeysuckle 47 Ulmus parvifolia Chinese elm 48 Woshingtonia robusta Mexican fan palm 49 Yucca gloriosa Spa nish Dagger I \ / ..... _ / / / / / / / / / TREE LEGEND D NATIVE TREE 0 NON-NATIVE TREE TREE TO BE REMOVED BY CONSTRUCTION NATIVE NUMBER OF SP ECIES TREES REMOVED NO 9 1 NO 6 4 NO 2 0 NO 2 0 NO 4 2 NO 5 0 NO 17 6 NO 29 20 NO 5 0 NO 1 0 NO 1 0 NO 2 0 NO 2 1 NO 4 2 NO 16 7 NO 1 0 NO 7 4 NO 2 2 NO 2 0 YES 12 3 NO 2 1 YES 1 1 NO 1 0 NO 2 1 NO 1 1 NO 2 0 NO 5 1 NO 1 0 NO 77 21 NO 41 19 NO 8 3 NO 4 1 YES 65 13 YES 2 0 NO 1 0 NO 11 3 NO 1 0 YES 4 0 YES 7 2 NO 1 0 YES 72 58 YES 7 7 NO 11 4 NO 29 3 NO 7 0 NO 1 0 NO 5 0 NO 61 30 NO 7 1 TOTAL= 566 TOTAL= 222 / / / / / / / ,/ NOTES 566 170 396 TOTAL NUMBER OF TREES NATIVE TREES NON-NATIVE TREES / / - A CERTIFIED ARBORIST TO BE ON SITE DURING 222 TOTAL TREES TO BE REMOVED / / / / / / / / / / / / 0 0 WARNI NG 0 1/2 I EXCAVATION TO INSURE TREE ROOTS ARE 84 NATIVE TREES TO BE REMOVED IF THIS BAR DOES PROPERLY EXCAVATED AROUND TO PREVENT 138 NON-NATIVE TREES TO BE REMOVED NOT MEASURE 1" / / / / / '( / v / - BROWN AND CALDWELL 9565 CHESAPEAKE D~IVE, 5UITE 201 SA."! JICGO, CALIFORMIA 92123 (858) 514-8822 ~Ax (855) 514-8833 SUBMITTED: ---=====---PRO.JECT MANAGER DATE: r ·~ "AS-BUILT" P.E. EXP. DATE EIR 04-02(A)ICDP 06-04x1(A) I SUP 06-02x1(A) ----- 4+00 , (JIIJ / /' ---- \ - • 20+00 cs~x~~C'l?-t:~"A'r\" li. -+-1---+----+---~ ::.21-1-oo '\9+00 t I I 'I ~ I I '""/ j 1 j I / I •/ ./1 I I I I; I y 0 10 20 30 SCALE IN FEET NOT FOR CONSTRUCTION DRAFT 100% SUBMITTAL 1---+-+----------1-------+--+-------+----l l SH6EET I CITY OF CARLSBAD ~6 ENGINEERII\IG DEPARTMENT ~ r:::::::'A~G::=U7A=:=H::;:E:;:D::=;IO:':N=::D:':A=A:::N=.D:=::CA~LA=:='V::::E::;:RA::::C~R~E;::E:::K:::::S:::::C::H::!A..!:N:N::::E=L =~ DREDGING AND IMPROVEMENTS PROJECT TREE REMOVAL PLAN "AH" LINE, STA. 11 +00 TO 22+00 "CC" LINE, STA. 0+00 TO 4+00 APPROVED: WILLIAM E. PLUMMER DEPUTY CITY ENGINEER PE: 28176 EXPIRES: 03/31114 DATE DAMAGE TO TREE. ARBORIST SHALL BE ON SITE THEN DRAWING IS HORIZONTAL DWN BY: MF REVIEWED BY: 1" = 100' DURING INSTALLATION OF GEOTEXTILE AND RIP 71 TREES INDICATED FOR REMOVAL IN EIR NOT TO SCALE. SCALE DATE INITIAL DATE INITIAL DATE INITIAL CHKD BY: J.!!DR~_ PROJECT NO. DRAWING NO. ~ L.------~RA::P~T~O~I:N:S~U:R~E~P==R~O=P~E~R~T~R~EA:T~M~E:N~T~O~F~R~0~0~T~S:·~--~15~1~~A:D~D~IT~IO~N:A~L~T~R~E~E~S~T~O~B~E~R~E:M~O~V~E~D~--~============:::::::::::::::::::::::::::::::::::::::V:E:RT:I:CA:L:::::N:~:::::::::::::::::IN:S:P:E:C:TO:R::::::::::::::::::::::D:A:T:E::::~E:N:G:IN:EE:R:O:F :w:o:RK:::::::::R:E:V:I:S:IO:N::D:E:S:C:R:I:P:T:IO:N:::::::::::O:TH:E:R:AP:P:RO:V:~::~C=I~::A:PP:R:O:VA=L~::R:VW::D:B:Y:::D:R:::::::::::::3:3:3:8::::::::::4:3:6:·:2:A::~J 0 m a ,; .. --' "' -0 N ~ -m .,. -0 ;;::_ "' "' N "' 0 > .. .'] 0 0 :1:1 <( ;; e m ji ~ 4 tu UJ :c en UJ UJ 0 23+oo 0 ~ ~p-\-~--:::::~-=.0 cON 448 < • r -. I 1 L 0 THERE ARE TWO TREES IN THIS LOCATION REMOVE THE ONE ON THE CREEK SIDE 443 \ " r r L r { \ I \ T I \ I I • I I ! 1/ L " 448 I I I I I " 44.6 ....... . l ., TREE LEGEND NATIVE TREE r I r ~ 1 I I _1.1 j I I L, I I - I \. t I \: ""' 1 I r I f I ___..-1 -I l I . I l . I -f \}I -rt I l . -..~ . 1 -r ...., I I r I I II I j -y. l f I l ._ coNr ---" 44 1 ._ '-;,; " A<>P'"' I 447 ' " I " II . 'I ( I' L. • ;f- f 4[ \ ~ . '! I \ I Ir r . !\ I L, )( 451 rl I I I I II I , f L ~ - I '\ I , I I I I L "44.5 ., I I 1/ t I I I I I I • I I' 11 1 I I 1 ' I l r~~-~l 462 I "44.7 ASrH " f "#.9 I I T I I I I ~ . ( r . , l --f ~ I \ • 464 .I 463 " I I ~ I I it I ,...,.-J I l ,~ ... r r " 44.li r J 462 " ,«.~ t l t L I :/ T / ~ f I 0 0 L r \. -t-1 - l ' I r ~ )6.9 \ ~/ I I I -~~ I I r r I \ I I / r I. I l t ;-t f ·I ASf H 4[ .'1 ' >< I <:.., \t II I I ~ 45.8 45.6 " I L f I " -:1 " ~ I ">' \ I \ I I )' 4!;.8 \ M ,, \\ TRIM BRANCHES (SYCAMORE) 459 " I I I t t I . .I I ... I . I ---- L ---- 1 j I~ J \ "~ I " I \ t .. J 'I- t 46.5 t I ~ 41"4 ( I I I I l \ I I I I~ 45.5 I \ " II \ 1\ '~ I t>-SPH t"' 454 ~ )( t. \ 4:>.5 " I \\ \ 1 . 'V I I \ \ r 1\ 1;1. •· I II I , I r I' I I I 1\l!r (i\ 1' ~ 1 ... ·\\ I _.._ \ 1 ' 45.4 " 1 y EIR 04-02(A)/CDP 06-04x1(A) /SUP 06-02x1(A) j\ AS'H II II I ' I \\ ;' \ \~ \ I \ • I . ~~ \ \c) \ \~ --~~ \ -1' ) (f'l \ l' II :II •II I v II t I I I I I 469 'I " t I ~ I~ I 46.7 ~~ I " " I \ \ t>-SPH ~ . \.. \ 464 l , \ \1 \I " I . ,, \ )',. 487 I I \I I 45.7 I ' " \ 'l \ I .\ L ~ ~' ~ "45.6 ~ 4li.5 I JY I I ~ I I J \ I ·~ I , EFSJ. L ----:-r......, . ..... ·""" 0 10 20 30 SCALE IN FEET NOT FOR CONSTRUCTION DRAFT 100% SUBMITTAL D 0 NON-NATIVE TREE fSHEEil CITY OF CARLSBAD I SHEETS I NQTES ~===~~===t==========================j====±===j:===±===j L__2__j EN GIN EERII\IG DEPARTMENT 26 .:....:....::.....:...;=-----------r--------1-----~~~:::-:;;;;:-:;:-:;:----:::-:-;:-:::-:::-:::-:---:----r-------;:-:-::--::-:-:::-=::-----+----i--t------------------J.---I---+---+-~ AGUA HEDIONDA AND CALAVERA CREEKS CHANNEL ~ TREE TO BE REMOVED BY CONSTRUCTION 566 TOTAL NUMBER OF TREES 170 NATIVE TREES 396 NON-NATIVE TREES 222 TOTAL TREES TO BE REMOVED 84 NATIVE TREES TO BE REMOVED 138 NON-NATIVE TREES TO BE REMOVED WARNING 0 112 1 IF THIS BAR DOES NOT MEASURE 1" THEN DRAWING IS NOT TO SCALE. B R 0 w N AND c A L D w E L L "AS -BUlL T" DREDGING AND IMPROVEMENTS PROJECT 9565 CHESAPEAKE D~IVE, SUITE 201 SA."! JICGO, CALIFORMIA 92123 (858) 514-8822 ~Ax (858) 514-8833 SUBMITTED: -----,~---­ PRO.JECT MANAGER DATE:--- P.E. __ _ REVIEWED BY: EXP. ---DATE TREE REMOVAL PLAN "AH" LINE, STA. 22+00 TO 32+25 APPROVED: WILLIAM E. PLUMMER DEPUTY CITY ENGINEER PE: 28176 EXPIRES: 03/31114 DATE ~ -'" .,. -0 ;;::_ ,.. "' N ,.. 0 > ~ .'] 0 0 :1:1 <( ;; e "' ji ~ /J- 1 I I I jJ' j. -~ TREE LEGEND D NATIVE TREE 0 NON-NATIVE TREE I .... I r ~ TREE TO BE REMOVED BY CONSTRUCTION (_ I I , I I L t r .... r NOTES 517 X 566 TOTAL NUMBER OF TREES 170 NATIVE TREES 396 NON-NATIVE TREES " 222 TOTAL TREES TO BE REMOVED 84 NATIVE TREES TO BE REMOVED 4bd I I t 138 NON-NATIVE TREES TO BE REMOVED I I I 0 I I r I I I I I I I I 473 f I >< AS 'H I I I I I I I I I l I . \ I \ I ~ 472 " I I . I I I \ L f6.9 \ \ ~ " " 0 f7.J /~ ~ ~V5 . / --~ ~.85 TRIM BRANCHES (PINE) -...L f6.8 " -PROTECT PALM TREE -.... 4 • IN PLACE e - 36+oo TRIM BRANCHES (PINE) BRANCHES 1\ " 524 DI::NSE: I I -- / ------ I " 51~/ 1 DEN5 519 I. I •; " 51.5 < < - " 51. " ASPH BROWN AND CALDWELL WARNING 0 112 1 IF THIS BAR DOES NOT MEASURE 1" THEN DRAWING IS NOT TO SCALE. 9565 CHESAPEAKE D~IVE, SUITE 201 SA."! JICGO, CALIFORMIA 92123 (858) 514-8822 ~Ax (858) 514-8833 SUBMITTED: -----,=,---- PROJECT MANAGER DATE:--- I I P.E. __ _ REVIEWED BY: "AS-BUILT" EXP. - " 474 -- DATE DE :;, f"<E C, , I , v WL 'iO.b. ~--~---..,..-:--~ --~----. .... ------~OLL 1\JG C URB7-ooN - " 54.4 * ' \. \ \ ~ j. -- EIR 04-02(A)/CDP 06-04x1(A) /SUP 06-02x1(A) ASP' /' I X 53.5 I / / I TREE TO BE RELOCATED BY OT~ERS (HOA) TRIM BRANCHES (PINE) \ I I \ /-~ ~\ ( \\! \ ' __ -.../ 42+oo ) ------ 0 10 20 30 SCALE IN FEET NOT FOR CONSTRUCTION DRAFT 100% SUBMITTAL " / ASP I-I \ \ \ \ \ 1--+--+---------------if-----+--+--+----1 LrJ ciTJGIN~rNG ~~~k~"~An ~ AGUA HEDIONDA AND CALAVERA CREEKS CHANNEL DREDGING AND IMPROVEMENTS PROJECT TREE REMOVAL PLAN "AH" LINE, STA. 32+25 TO 42+00 APPROVED: WILLIAM E. PLUMMER DEPUTY CITY ENGINEER PE: 28176 EXPIRES: 03/311 14 DATE I ... TEMP-ORARY STORAGE AND DISPOSA~ AREA . . ' . MATERIAl STORAGE MUST' . IMPLEMENT APPROPRIATE OMPS I I \ \ \ \ \ I FIRE STATION SITE \ I \ "" I ~ ~~ \ ____ ~ ' ~- INSTALL CONSTRUCTION FENCING WITH FABRIC SCREEN \ \ \ -~ ----- PARKLAND DEDICATION PER DOCUMENT NO, Z006{)435~47 --' ' \ "\ --------SITE ACCESS~ATE ' ----' ---------- PARKLAND DEDICATION PER DOCUMENT NO. 2008-0435947 EIR 04-02(A)/CDP 06-04x1(A) /SUP 06-02x1(A) \ \ ' \ ' \ \ ' \ INSTALL CONSTRUCTION FENCING WITH FABRIC SCREEN\ PROTECT EXISTNG IMPROVE'-ENTS IN PlACE. IMPROVEtM!NTS AA'f FRIVATe PER ENCROA.CHIA!Nf AGREEMENT OOCUM!:NTNO. 2<10MS1&&07S I / f .,.-PER O'Ml, 433-0 SHEET 3.} AND 37 ~ ~- ~/ / CESil'nNC BASIN TO BE MAINTAINEO 9Y COHTRACTOO · CONTRACTOR'S , EQUIPMENT YARD / ~· -------------~-=-- WARUI~G 112 CANNON ROAD TEMPORARY CONSTRUCTION LAYDOWN, DISPOSAL AND STORAGE AREA BROWN AND CALDWELL att0 CIICSA~ IJflM:. SUE Z01 SAil OltOO. (AI!f'!)Rrft~ Q212J WS)$t~2t f'AJ(!k"e)$t~ "AS , BUILT" I srreAccess\ I I r ·~ ' ' ' NOT FOR CONSTRUCTION ~ DRAFT 100% SUBMITTAL fSHEUl CITY OF CARLSBAD I SliEETS I ~ ENGINEERING DEPARThiENT 26 AGUA HEOIONOA AND CALAVERA CREEKS CHANNEL DREDGING AND IMPROVEMENTS PROJECT CONSTRUCTION LAYDOWN, STORAGE, AND DISPOSAL AREA TOPOFRAJL EL 48.00 CAIIIIION ROAD EIRIOGE t TOPOFRAJL EL. 48.00 Q(100) = OP92 ch TOP OF RAIL EL. 4e.90 EL CAII/II NO REAL BRIDGE TOP OF RAL EL.48.80 CONifLUENCE OF CAI.AVERA CREEK "AH" STA 18+76.77 EIR 04-02(A)/CDP 06-04x1(A) /SUP 06-02x1(A) Q(100). 7,335 c;b ~--~F=====~====~------------------~------~----~----~------~------------+-------~--~------+---~-+--~----------~----------~-----------+------------------------~45 11-+00 / F ORIGINAl. GROUND I ATCENTERLINE i r FINISHED GRADE , ·-----~ i ATCENTERLINE 1 , -._ ...... .., .. l----....... \/.'-___ / \._~-..... .----- / I 0.15% / j ·-.._ -----_.-,_.-~ ' ! __! I ' -----,:-;;;-....,-1'" ------- / AT CENTERLIN ( ,...-~INISHEO GRADE I I AT CENTERLINE ___ L _________ ---------------------- 0.15% 1 I ( ' I ~ i \ ::::> L NOTE 1: / ~ \ ., ~ b> ----LINE BEGINS AT 44.4' RT OF 'AH" LINE STA 2~7 8 ~ ~~ <( ..... 1-1-(/Jw 35W ~ Z(f) ::Jw J:W ()(/) 1-~ /~~ ~~ ~ ~ ·-, C ~ ;!: AND TIES INTO ACABLELINE ATANUNKN ~ w_"i-: ~---~-/'-·~_":.t-':'----------'----:"~ lr< \.JI---1=1-!1-..,-+----il~·,-+---:o:=-I--+----,-~-!!?--;-.,"1-"'M---I----Y~.!Ii~r---!-i--_,_-+------i-----!--_,_-----·~:f:!!-. ----------1---'~"1: -~---i;z+2---11LOCA-T.ION.ACROSS-AGUA..HEDIONOA..CREEK---~i-25 l -'? @.. t) ~ ~ ~ ~ ~ 1n • •• :::> a:~ ~ :;:l @I~ -lZ SEIC TO FIELOOONFIRM LOCATION OF CA6Lf • 11 @N j ~ N a:::! "' ;f, ~ !!!< a: "lob fil uJ ob ~ < ::::> Z-CONTACT ROGER RAMSEY WITH SBC WEST AT: :I:" 11::-! -m ;; J 0-. lll-z""'-!D. ;., .. ffi'" .. ::::>... :<: ... ~~ I .J. ~ :c... ~~ ~II~ 8«~ :cl2 ~g ~~~ ~~~~~~g~A~~l7~~M 200 __ _ S':l:: •• ... .... ~~ ;!uj, ~~~ io~ fl>= «>:C ~~ ~~ ~~ ~~ ~0~ !llg !:!~ ~~~ 12+00 13+00 14+00 ., / , __ / ) I( :!(1 3) ~) PREVIOUSLY PROPOSED SEDIMENTATION BASIN• (DELETED) I ci: '-\ ~ ~.---~~ .. r ----· s;{ 11+30BEGlN , CHANNEL. IMPROVEMENTS )iO' Rl~ STAOIUZER STR\JC1j.JRE ('3"-., ,4 SEE DETAIL QD r;( oi'l) / ·t {/I \ / / 100-YEARFLOODPL.AJN_j 15+00 -:2:1 16+00 AGUA HEDIONOA CRIEEK / _.. EASEIICENT LINE r9<,.. PER PM 17985 .J->.r-._ AND PARCEL '>"/ BOUNDARY ,/ '-..., / / / / / .... / / 21+00 AGUA HliOIONOA CRiili EASEio.ENT LINE PERPfo, 1798~ * CONTRIICTOR TO FIELD VERIFY ALL UTILITIES 22+00 0 23+00 SEE SHEET 3 FOR EXISTING UTILITY TABLE 24+00 SEE SHEET 19 DRAINAGE PROFILES llJos:) 20 FOR MISCELLANEOUS CONCRETE DETAILS 0 0 + ~0 <(~ ,_,_ (f)w w w ZJ: _(f) ...Jw J:W (.)(/) ~ ~ EIR 04-02(A)/CDP 06-04x1(A) /SUP 06-02x1(A) 0(1 00) • 7.338 cfs {1 OO·YEAR WATER SURFACE ELEVATION L -----------------------~-------- 45 r-----------------------45 / ORIGINAL GROUND AT CENTERLINE -FINISHED GRADE 0 0 + ~N _________ ,______ , _________ J(_~:~~~:-1 _____________ , _____________________________________________________ / ______________________________________ _ "[\ I ; f "" I I " <(~ ,_1-(f)W w w ZI _(f) ...J w J:W (.)(/) ~ ! ~ "' ~~ "'"' 25 <"' li)pj ~. ~~ ~;; • u. DON Af/1 T/1 DRIVE 27+00 i ----- 28+00 DON RICARDO AGUA HEOIONDA CREEK DRAINAGE EASEMENT DEDICATED AND ACCEPTED ON PM 1798!5 29+00 SCALE HORIZ: 1" = 40' VERT: I"= <f 0 0 6 :;~ !ii~ . " ~~ 30+00 ~ <o o ACuA "' .. HED!ONOA CREEK j ~ ~··---P.E. ___ EXP. ___ REVIEWED BY: HDRI20NTAL 1'•<0' SCALE VERliCAL INSPECTOR 31-tOO 31+00 DATE DATE \_LIMITS OF EXCAVAnON -~ \_ TOE OF SLOPE LIMITS OF EXCAVATION TOP OF SLOPE & OA1E INim.L EHCINCER ()f' WORK 33+00 0 0 :!!~ gt11 ~.; 25 • u. * CONTRACTOR TO FIELD VERIFY ALL UTlLm ES 35+00 1 BEGIN TAPER "AH" UNE STA 34+00 BEGIN REMOVAL OF !STING RETAINING WALL 3r RTOF "AH"LINE STA 33+18 TW =(43.0r) EO •(40.1r) :a:: Q SEE SHEET 3 FOR EXISTING UTILITY TABLE 0 SEE SHEET 19 DRAINAGE PROFILES AND SHEET 20 FOR MISCELLANEOUS CONCRETE DETAILS DON ;?JCARFJO OR!v'E NOT FOR CONSTRUCTION DRAFT 100% SUBMITTAL 60 25 35+00 SURFACE ELEVATION 36+00 •AH" LINE STA37+00.7 EXISTING 18" ACP {D ~~~~~~~~ftJ.L SEE SHEET 19 AND 20 I END REit10VAL Of I EXISTING RET AJNING WALL' 33' RT OF "Al-l" UNE STA 35+42 TW:(44.7~') EG = (40. 19') LEGEND. 37+00 Q SEE SHEET 3 FOR EXISTING UTILITY TABLE 0 SEE SHEET 19 DRAINAC-€ PROFILES AND SHEET 20 FOR MISCELLANEOUS CONCRETE DETAILS 1t CONTRACTOR TO FIELD VERIFY ALL U11LITIES 38-+00 39+00 \ mANSITION BE1WEEN LIG-IT RIP RAP AND 4-TON RIP RAP 40+00 OCALE HORIZ: 1" = -10' VERT: 1"= 4' BEGIN TAPER "Al-l" UNE STA39+25 41-+00 EXISTING RSP MAYBE REUSED PROTECT EXISTING Tlr.18;R BRIDGE AND ABUTMENT IN F'lJ\CE 42+00 60 -55 45 35 25 43-+00 EIR 04-02(A)/CDP 06-04x1(A) / SUP 06-02x1(A) 8'-V'THICKOF 4-TON RIPRAP 4'-4"Tl-UCKOF 112 TON RIP RAP 'N!' BACKING RJPRAP ALTER FABRIC TYPE B AGUA HEDIONDA CREEK TYPICAL CROSS SECTION STA 38.,.10 · STA 41-ttlO --- PREVIOUSLY PROPOSED GABION \ STRUCTURES(DELETED) SCALE 1" = 10' NOT FOR CONSTRUCTION DRAFT 100% SUBMITTAL h\'1::. ___ P.£:. ___ EXP. ---DATE & R£\iiE'A£0 BY: IF "1-fl$ BAR J\~ES I _....:=:..:::::;;::=~=~==-=-===-..J-;;;,;;=;;~=--====---==--1 NOT M;:ASU~E ,., 1- THFN ORAi\~~.G I~ N;)T -o SC/,LL SCALE HORIZONTAL VER11C.AL 1":<1(1' 1"-.')' CAT£ INinA.l INSPECTOR DATE EKON!ER OF WOAI< REVISION DESCRIP110N 45 35 25 1->00 EXISTINGRSP TO BE REMOVED AND DISPOSED OF 3'-1' THICK OF 114 TON RIP RAP 1'·9"" THICK OF BACKING RIP RAP NO.I --~~------ \ ---- \ '·~.,.~ <D av/ -- ·cc· LINE STA 0...00.00 = 'AH" LINE STA 18•76.76 FOR 'AH' LINE SEE SHEET 10 EIR 04-02(A)/CDP 06-04x1(A) /SUP 06-02x1(A) C(100) • 900 ds !10CHEAR WATER SURFACE ELEVATION l iOQ-YEARVVATERSURFACE ELE=N------------ ----------_j ---------------- -------/EXISTING GROUND AT CENTERLINE / EXISTING GROUND I>.T CENTERLINE ----~---.._ __ -----------__ r '---_!\_-------------------_/--'-"\_ -------_!1--"' j"-____ (\ __ ---_r \-----~'------------- SCALE HORIZ: 1" = 40' VERT: 1"= 4' 91'00 101'00 LAKE CALAVERA CREEK DRAINAGE EASEMENT DEDICATED AND ACCEPTED ON PM 17985 PREVIOUSLY PROPOSED GABION STRUCTURES (DELETED) ~I ' I _,..,....@ / AGUA HEDIONDA CREEK DRAINAGE EASEMENT DEDICATED AND ACCEPTED ON PM 17985 BROWN AND CALDWELL WA.~I41NG 1/2 SCALE (611501f.S.jPU!j((~SlJ"El()l S.WOI£C:0.~~0212S (&e) $t~t r.~o11 (!!8) $1~ ~··--- HORI20NTAL 1'•4l' VERTICAL "AS· BUILT" P.E. ___ EJ(p ____ DATE RE"EWEO BY: INSPECTOR DATE Previously Proposed Gab ions IT// //A and V-Max (Deleted) kez/~/ .LJ Proposed Rip Rap (New) ~ OA1E INim.L EHCINCER CE WORK 45 0 0 + ~ .,.....,. <:(.,.... t;l:ii 35 w w ~~ 25 ...Jw J:W ucn ~ ::;E * CONTRACTOR TO FIELD VERIFY ALL UTILm ES LEGEND: CJ ~~~~~~~~~:OR EXISTING Q ~g~ ~~:g~~~~:g~~~~:i~egEA~~L~HEET 20 NOT FOR CONSTRUCTION DRAFT 100% SUBMITTAL AGUA HEDIONDA AND CALAVERA CREEKS CHANNEL DREDGING AND IMPROVEMENTS PROJECT CALAVERA CREEK PLAN AND PROFILE STA 0+00 TO ST A 11 +00 66 EIR 04-02(A)/CDP 06-04x1(A) /SUP 06-02x1(A) 100-YEAR WATER SURFACE ELEVATlON 8 g ~ ~ .. ~ a l:j ~~ 2 C(~ t-<d ~ l rd ~~ t -(,f) 1' ' II 2 ~~ b II ~~ <8 ._..; p~ ..J-- \ 1011-YEAR WATER SURFACE ELEVATION ~ ~ ~ ~ \ -_.- 0 II QC) ------ ( 100-YEAR WATER SURFACE ELEVATION p Cl • ~ ------------------------~----~~ ------__ ------___!. -\AT CENTERLINE -------g ---~----------~ I EXISTING GROUND AT CENTERLINE ';: 0.15~ - \&1 ~ -:l.;JU~ -;:; B h ..O~'".X!:On:luo~ o ... • <:! r EXI:>TING GROUND ----~ ~o 0 '-'• c I ~!;:; t AT CENTERUNE 0.00% _,....-0:15~ o8~~rfr.a8°~~~o 66 0 0 T ~"' 4:' 1--1-(/)w w w ZJ: _en _Jw Q II II I ----------------------·0 nc I . ,,c!Jr ,co'bc~~ar~:JO .·.··:·.·.<·.··~• ~ ~ ~ --------------1 ~ugo"~o~ Eo ~-'Eo~~uB.,ut;o-' _,;-::::;:,,.,,.: .. ,,.I -;---------------~.;;. ,_mmm _m ____ m ______ m _____ j/'-,-~3!~_!-------·m "--'-N ::~;:-=--$~~~w~ ~ 81 ~I fW' NO. 1 I' TYPE A 'I J:W U(f) ~ ~ 35 1 1~0 35 ~ ~ ,bls ;: ~ ~~.... L' UMIT OF WORK I ~ i I! 0 STA. 20•50 TO 22•25 -l . .. ~~; R~w ~Cl r P1w 13 .. 00 14 .. 00 15 .. 00 16 .. 00 SCALE HOR~40' VERT· 1"= 4' 16 .. 00 19 .. 00 "CC" UNE STA 20+90 zo-.oo * CONTRACTOR TO FIELD VERIFY AU. I!TiliTICS 22-.QO SEE DETAILr---:1-:-$---.-, ------------------------ --- 1S.OO ------ WIJIN NC U ll~ ·~0~~~~~~~~~------~~~~~----~====~~~==~~------------------~ 'lll£N ORAII'NC IS N01 TO SC.O.LE. ----~ CONC HEADWALL 1/F SEE SHEET 19 ANO 20 JO rJRI (j?[foJ ~ oOI'I !. LEGEND: 0 SEE SHEET 3 ron EXISTINC UnliTV TABLE Q SEE SHEET 10 ORAINACE r>ROFilES SHEET 20 FOR MISCEllANEOUS CONCRETE DETAILS 1) REUOVE AND REPLACE ~ENCE AS REQUIRED TO ACCESS SITE PREVIOUSLY PROPOSED GABION _..,.___ __ STRUCTURES(DELETED) -v NOT FOR CONSTRUCTION DRAFT 100% SUBMITIAL Proposed Rip Rap (New) >:: "-~ ~ 0 ~ 0 ~ ..; '" 0 '" ~ "' ., ~ "- 0 0 ' _,I 0 u u :I: <( ;; E "' c '" "- ~ c ·o; ., '" ~ :I '" '" ~ WI "' ~ ~ « / ~ ~ '" '" .c lfl _I ~ / 0 « u ~ 0 / "' ., c 0 '6 '" :I: "' ~ ~ "'I 0 "' ~ 0 ~ ~ -/ 0 ~ / ... .c ~ "' SHEET INDEX SHEET NO. 22 23 24 25 26 LANDSCAPE DESCRIPTION INDEX MAP AND LEGEND PROJECT NOTES, SEED MIXES, AND DETAILS AGUA HEDIONDA CREEK STATION 7+00 TO 24+00 AGUA HEDIONDA CREEKSTATION 24+00 TO 43+00 PROJECT CONSTRUCTION LAYDOWN AREA ""-' / ' / " -" ~'.t -s---~ ~~~:::=:::7 ----------- ) SHEET26 ~ -/ / / / , ,..'{,~A ,.,...'~~ ,.,... s~ ..... / / ( \ \ \ / / \ / / \...-/ "DECLARATION OF RESPONSIBLE CHARGE" I HEREBY DECLARE THAT I AM THE LANDSCAPE ARCHITECT OF WORK FOR THIS PROJECT, THAT I HAVE EXERCISED RESPONSIBLE CHARGE OVER THE DES IGN OF THE PROJECT AS DEFINED IN SECTION 6703 OF THE BUSINESS AND PROFESSIONS CODE, AND THAT THE DESIGN IS CONSISTENT WITH CURRENT STANDARDS. I UNDERSTAND THAT THE CHECK OF PROJECT DRAWINGS AND SPEC IFICATI ONS BY TI-lE CITY OF CARLSBAD DOES NOT RELIEVE ME, AS ENGINEER OF WORK, OF MY RESPONS IBILITIES FOR PROJECT DESIGN. AECOM DESIGN+PLANN ING 1420 KEITNER BOULEVARD, SUITE 500 SAN DIEGO, CALIFORNIA 921 01 (619) 233-1454 DICKROL DATE: ___ _ R.LA. NO.: 4783 REGISTRATION EXPIRATION DATE: 12131/2011 SCALE: NO NE ~ .... \ / _.) i ' / \.....--/ J I I ~ A:-coM D E S I GN +P L ANN I NG ~~~DSCAp~'() WARN ING 1420 KETTNER BOULEVARD, SUilE 500 '<-<;;, •.• OL.l :i'Q SAN DIEGO. CAUFORNIA 92101 ~ ~... ~y~~ 0 l /2 1 (519) 233-1454 FAX (619) 233-0952 (!} "' s"' ~ ~ ~~~ -!< 12 1 2012 * IF THI S BAR DOES St.JB~.jiTTEO: DATE: PROJECT ~ANAGER ~ 1/12/201 1 ... NOT MEASURE 1" ... ;;,.' TI-IEN DR AWING IS HORIZONTAL NIA ()'\ l',o-OF CALI~o<l' NOT TO SC ALE. SCALE ~ VERTICAL NIA .- .- "AS-BUILT" P.E. EXP. DATE REVIEWED BY: INSPECTOR DATE ., .-:r- ........ DATE 'r- 1 -- & INI11AL ENGINEER OF WORK --- SHEET 25 --------- \ \ DATE INI11 AL R E V ISION D E SCRIP TI ON OTI£R APPROVAL EIR 04-02(A)/CDP 06-04x1(A) /SUP 06-02x1(A) I I DATE INI11AL OTY APPROVAL - ------ ... ... 100% SUBMITTAL ~ CITY OF CAR LSBAD ~ 2 ENGINEE RING DEPARTM ENT 6 LANDSCAPE REVEGETATION PLANS: INDEX MAP AND LEGEND APPROVED: WILLI AM E. PLUMMER DEPUTY CITY ENGINEER PE: 28176 EXPIRES: 03/31/1 0 DATE OWN BY: MT I PROJECT NO. I DRAWING NO. CHKD BY: DR 3338-1 RVWD BY: DR 436-2A ""~-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 0 "' "' "' ~ "' ., ~ 0 0.. ~ 0 0 ' -'I "' u u :r <( ;; E "' c "' "- SHEET INDEX SHEET NO. LANDSCAPE DESCRIPTION 22 23 24 25 26 w "' ,.>-;::"' ':r INDEX MAP AND LEGEND PROJECT NOTES, SEED MIXES, AND DETAILS AGUA HEDIONDA CREEK STATION 7+00 TO 24+00 AGUA HEDIONDA CREEKSTATION 24+00 TO 43+00 PROJECT CONSTRUCTION LAYDOWN AREA PREVAILING WIND ' / 9 0 PLAN VIEW LEGEND: CD TWIST BRACE, NAIL BRACKET STYLE TO STAKES W/ GALVANIZED TH READED NAILS (4 TYP.). 0 LODGE POLE PINE STAKE (2 TYP .) 3' LODGE POLE FOR 48' BOX TREE AND LARGER. 2"LODGE POLE FOR 15 GAL-36" BOX TREE. KEEP CLEAR OF ROOTBALL. 0 WATER BASIN. 111J r.;; _1;"\ 0 FINISH GRADE. :4 ~ ~ ~ ® AMENDED BACKFILL PER HORTICULTURAl SOILS REPORT. ..;.......ol;--::o.L;';[ffiD-:IIi ,__ ..._,ill~~:.--,-~1 rr;::tE:\=.:;A. 0 PLANT TABLETS PER HORTICULTURAL SOILS REPORT. -I -Ill ~ 11:::::::1 ~ G) TRANSITION ZONE OF COMPACTED AND UNAM ENDED r. ", ~uu , -;6-~ NATIVE SOIL. '0'_ r/ ,_,: ') 0 SCARIFY SIDES AND BOTIOM OF . =I ll HI-\. -'/; r., PLANnNG PIT. I~. §g§§~~ 00< ~ 0 TREE • CENTER IN PIT. ~ :XX:~ 1111---{,!) @ SET TOP OF ROOTBALL 3" ABOVE SURROUNDING " ;;; II "I I ~ ' GRADE AND SLOPE FOR DRAINAGE. @ 3" BLACK DRAIN SUP CAP '· "~ x ROOTBALL "-t';;'3r)--'1..1'<f!~"'-'"il uo~coc" @ 3' PERFORATED PVC PIPE WITH 'SOCK' FILTER FABRI C. '-' (S' ""'' REQUIRED WITH 24' BOX AND LARGER TREES AS SPECIFIED. @ 6' DIA. GRAVEL FI LLED SUMP. B TREE PLANTING NOTTO SCALE NOTES: 1. PROVIDE 3-INCH LAYER OF APPROVED MULCH AT BASIN. MULCH TO BE 6-INCHES AWAY FROM TREE TRUNK. 2· TO P OF STAKE SHALL BE A MINIMUM OF 4' CLEAR FROM THE LOWEST BRANCH, 3. PLANTING INSTALLATION SHALL COMPLY WITH ALL APPLICABLE CITY STANDARDS. PREVAILING WIND ' / ~ 0 ~~~0 PLAN VIEW LEGEND: CD TWIST BRACE. NAIL BRACKET STYLE TO STAKES W/ GALVANIZED THREADED NAILS (4 TYP.). ® LODGE POLE PINE STAKE (2 TYP.) 3" LODGE POLE FOR 48" BOX TREE 2~ LODGE POLE FOR 15 GAL-36" BOX TREE. KEEP CLEAR OF ROOTBALL. Q) WATER BASIN. 0 FINISH GRADE. ® AMENDED BACKFILL PER HORTICULTURAL SOILS REPORT. ® PLANT TABLET PER HORTICULTURAL SOILS RE PORT. (j) TRANSITIONAL ZON E OF NATIVE SOIL· COMPACTED AND UNAMENDED. ® SCARIFY SIDES AND BOTTOM OF PLANTING PIT. ® TREE · CENTER IN PIT. @) SET TOP OF ROOTBALL 3" ABOVE DOWNHILL SIDE AND SLOPE FOR DRAINAGE. @ 3" BLACK DRAIN SLI P CAP (TYP.) @ 3" PERFORATED PVC PIPE WITH 'SOCK" FILTER FABRIC. REQUIRED WITH 24~ BOX, 36• BOX, AN D 48• BOX TREES. @ ORIGINAL GRADE BEYOND NOTES: 1. PROVIDE 3-INCH LAYER OF APPROVED MULCH AT BASIN. MULCH TO BE 6-INCHES AWAY FROM TREE TRUNK. TREE PLANTING ON SLOPE DETAIL NOTTOSCAl£ PROJECT NOTES 1, CONTRACTOR SHALL REVIEW PLANTING AND SEEDING INSTALLATION DETAILS, SPECIFICATIONS, AND NOTES, AND SHALL NOTIFY THE PROJECT ENGINEER OF ANY DISCREPANCIES IN THE EXISTING CONDITIONS OR WITHIN THE PLANS PRIOR TO BEGINNING WORK. 2. CONTRACTOR SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOBSITE CONDITIONS DURING THE COURSE OF REVEGETATION INSTALLATION OF THIS PROJECT, INCLUDING: SAFETY OF ALL PERSONS AND PROPERTY, AND THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS; AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY, AND HOLD THE CITY AND LANDSCAPE ARCHITECT HARMLESS FROM ANY AND ALL LIABILITY. REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT EXCEPTING LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE CITY OR ENGINEER. 3. CONTRACTOR SHALL VISIT THE SITE AND BECOME FAMILIAR WITH CONDITIONS UNDER WHICH WORK SHALL BE PERFORMED PRIOR TO BIDDING. 4. LOCATION AND ELEVATION OF EXISTING IMPROVEMENTS SHALL BE CONFIRMED BY FIELD MEASUREMENTS PRIOR TO CONSTRUCTION OF NEW WORK. NOTIFY CITY PROJECT ENGINEER OF DISCREPANCIES PRIOR TO COMMENCEMENT OF WORK. 5. ALL WORK SHALL CONFORM TO THE REQUIREMENTS OF THE CITY OF CARLSBAD IMPROVEMENT STANDARDS AND THE LATEST EDITION OF STANDARD SPECIFICATION FOR PUBLIC WORKS CONSTRUCTION (GREEN BOOK). 6. WORK MAY NOT START UNTIL PERMITS HAVE BEEN OBTAINED AS CONFIRMED BY THE PROJECT ENGINEER. 7. EQUIPMENT AND MATERIALS SHALL BE STORED IN A NEAT AND PROTECTED MANNER. 8. THE CONTRACTOR SHALL CONDUCT HIS OPERATIONS AS TO OFFER THE LEAST POSSIBLE OBSTRUCTION AND INCONVENIENCE TO PUBLIC TRAFFIC, AND SHALL HAVE UNDER CONSTRUCTION NO GREATER EXTENT OR AMOUNT OF WORK THAN HE CAN EXECUTE IN A PROPER AND TIMELY MANNER .. 9. APPROVAL OF THESE PLANS BY THE CITY OR ITS AGENTS DOES NOT RELIEVE THE APPLICANT AND HIS ENGINEER FROM THE RESPONSIBILITY FOR THE CORRECTION OF ERRORS OR OMISSIONS DISCOVERED DURING CONSTRUCTION. UPON REQUEST, THE APPROPRIATE PLAN REVISIONS SHALL BE PROMPTLY SUBMITTED BY THE CONTRACTOR TO THE CITY ENGINEER FOR REVIEW AND APPROVAL. 10. PRIOR TO THE START OF CONSTRUCTION, THE PROJECT ENGINEER AND RESTORATION ECOLOGIST SHALL EDUCATE ALL PERSONNEL ON THE PROJECT PERMIT REQUIREMENTS, INCLUDING EROSION AND POLLUTION PREVENTION MEASURES (E.G., NEED FOR ONSITE MATERIALS) AND VIOLATION AND NOTIFICATION RESPONSES. 1 1. THE LIMITS OF WORK ARE AS DEPICTED ON THE DRAWINGS. LIMITS ARE INTENDED TO FOLLOW THE AREAS THAT WILL BE GRADED OR OTHERWISE DISTURBED. IF ACTUAL PROJECT DISTURBANCE DIFFERS FROM LIMITS SHOWN ON THE DRAWINGS, CONTRACTOR SHALL ADJUST REVEGETATION LIMITS TO MATCH, AT THE DIRECTION OF THE RESTORATION ECOLOGIST. PLANTING SCHEDULE BOTANICAL NAME COMMON NAME TREES Platanus racemosa Western Sycamore Populus fremontii Fremont Cottonwood Quercus agrifolia California Live Oak ·SPACING IS 'PER PLAN' FOR ALL TREES, SHRUBS AND GRASSES, UNLESS OTHERWISE NOTED. PLANT LEGEND SYMBOL (~ \._-......./ • •• BOTANICAL NAME/ COMMON NAME TREES 1-Platanus racemosa I Western Sycamore • -Quercus agrifolia I California Live Oak 12. SUPPLEMENTAL EROSION-CONTROL MATERIALS (STRAW WATTLES, NATURAL FIBER MATTING, ETC.) SHALL BE INSTALLED TO AID SUCCESS OF REVEGETATION AS DETERMINED BY THE RESTORATION ECOLOGIST AND CITY PROJECT ENGINEER. 13. REFER TO CIVIL DRAWINGS AND PROJECT STORMWATER POLLUTION PREVENTION PLAN (SWPPP). 14. THE RESTORATION ECOLOGIST AND CITY WILL INSPECT THE GRADING AREA TO CONFIRM PROPER GRADES AND SEEDBED PREPARATION HAVE BEEN ACHIEVED PRIOR TO PLANTING AND SEEDING INSTALLATION. 15. CONTRACTOR SHALL CONDUCT A PRE-CONSTRUCTION MEETING WITH THE PROJECT ENGINEER AND RESTORATION ECOLOGIST PRIOR TO THE COMMENCEMENT OF ANY WORK. CONTRACTOR SHALL NOTIFY AND SCHEDULE WITH THE PROJECT ENGINEER AND RESTORATION ECOLOGIST SITE OBSERVATION AT THE FOLLOWING TIMES AFTER SITE BOUNDARY HAS BEEN FLAGGED: A. WEED CONTROL AND SEEDBED PREPARATION INSPECTION PRIOR TO PLANTING OR SEEDING. B. PER-FINAL WALK THROUGH (START OF 120-DAY PLANT ESTABLISHMENT PERIOD). C. FINAL WALK THROUGH/APPROVAL (END OF 120-DAY PLANT ESTABLISHMENT PERIOD). 16. ANY REMAINING NONNATIVE INVASIVE PLANT SPECIES WITHIN THE PROJECT AREA SHALL BE REMOVED AT THE DIRECTION OF THE PROJECT ENGINEER AND RESTORATION ECOLOGIST. 17. THE BULK POUNDS PER ACRE OF SEED TO BE APPLIED SHALL BE ADJUSTED TO ACHIEVE THE SPECIFIED POUNDS PER ACRE OF PURE LIVE SEED (PLS) WHEN ACTUAL PERCENT PURITY AND GERMINATION RATES ARE DETERMINED. 18. ANY REVISIONS MADE TO APPROVED PLANS SHALL NEED SUBSEQUENT WRITTEN APPROVAL BY THE RESTORATION ECOLOGIST AND PROJECT ENGINEER BEFORE STARTING THE WORK. 19. CONTRACTOR IS RESPONSIBLE FOR MAINTAINING ALL AREAS IN A WEED AND DEBRIS-FREE CONDITION UNTIL FINAL APPROVAL. 20. AT COMPLETION OF ALL WORK OUTLINED IN THESE PLANS, THE CONTRACTOR SHALL CONTACT THE PROJECT ENGINEER AND ARRANGE FOR A WALK THROUGH TO DETERMINE THAT ALL ASPECTS OF WORK ARE COMPLETED. WORK MUST BE FULLY COMPLETED ACCORDING TO THE PLANS AND MUST BE COMPLETED IN A GOOD WORKMANSHIP MANNER AND MUST BE ACCEPTED BY THE PROJECT ENGINEER AND RESTORATION ECOLOGIST IN WRITING. 21. DURING THE REVEGETATION INSTALLATION PERIOD, SEEDING AREAS SHALL BE MAINTAINED FREE OF DEBRIS AND LITTER AND ALL PLANT MATERIAL SHALL BE MAINTAINED IN A HEALTHY GROWING CONDITION. DISEASED OR DEAD PLANT MATERIAL SHALL BE SATISFACTORILY TREATED OR REPLACED AT NO ADDITIONAL COST TO THE CITY. 22. AN "AS-BUlL T" REPORT SHALL BE SUBMITTED TO THE U.S. ARMY CORPS OF ENGINEERS, CALIFORNIA DEPARTMENT OF FISH AND GAME, AND REGIONAL WATER QUALITY CONTROL BOARD WITHIN 30 DAYS OF COMPLETION OF FINAL WALK-THROUGH/APPROVAL. THE REPORT SHALL INCLUDED: A. A DESCRIPTION OF THE ACTIVITIES PERFORMED AND TIMING OF ACTIVITIES. B. PHOTOGRAPHS OF THE REVEGETATION AREA BEFORE AND AFTER INSTALLATION. 23. APPROVED STAGING AREAS ARE DEPICTED ON THE PLANS. ALL UNPAVED STAGING AREAS SHALL BE REVEGETATED AS SHOWN ON THE PLANS. QTY SIZE DTL REMARKS 36 15 GAL. A,B AS SHOWN ON PLANS 29 15 GAL. A,B AS SHOWN ON PLANS 5 15 GAL. A,B AS SHOWN ON PLANS SIZE 15 GAL . 15 GAL. 15 GAL. EIR 04-02(A)/CDP 06-04x1(A) /SUP 06-02x1(A) SEED MIX TABLES *ALL SEED IS SPECIFIED IN QUANTITIES OF PURE LIVE SEED (PLS). GROSS OR ACTUAL APPLICATION RATES FOR EACH SPECIES SHALL BE DETERMINED BY THE CONTRACTOR BASED ON THE % PURITY AND % GERMINATION OF THE SEED BATCH USED. NOTES FOR SEED MIXES: 1. ANY POTENTIAL SUBSTITUTIONS MUST BE APPROVED BY THE RESTORATION ECOLOGIST AND PROJECT ENGINEER. 2. THE POUNDS PER ACRE OF SEED WILL BE ADJUSTED TO ACHIEVE THE SPECIFIED POUNDS PER ACRE OF PLS WHEN ACTUAL PERCENT PURITY AND GERMINATION RATES ARE CALCULAT ED. 3. SEED WILL BE APPLIED BY HYDROSEED WITH STANDARD AMENDMENTS (I.E., CELLULOSE FIBER MULCH AND ORGANIC SOIL STABILIZER). STREAMBANK SEED MIX LBS PURE LIVE SEED SCIENTIFIC NAME COMMON NAME (PLS) PER ACRE* Ambrosia psiostachya Western Ragweed 0.40 Artemisia californica California Sage 0.08 Artemisia douglasiana Douglas' Mugwort 0.09 Carex spissa Sawgrass sedge 0.34 Cyperus eragrostis Tall Ratsedge 0.08 Dislichlis soicata Salt Grass 0.52 Encelia californica California bush sunnower 1.45 Eriogonum fasciculatum California Buckwheat 0.48 Eriophyllum confertinorum Golden Yarrow 0.05 Frankenia salina Alkali heath 0.04 lsocoma menzlesll Coast Goldenbush 0.26 Juncus mexicanus Mexican rush 0.03 Leymus condensatus Giant Wlldrye 0.56 Leymus triticoides Creeping Wlldrye 1.73 Lotus scoparius Deerweed 1.28 Muhlenbergla rlgens Deer Grass 0.07 Oenothera elata Evening Primrose 0.07 Rosa californica California rose 1. 63 Sisyrinchium bellum Bl u~ved Grass 0.73 TOTAL 9.89 THE STREAMBANK SEED MIX SHALL BE USED TO REVEGETATE TEMPORARY CONSTRUCTION IMPACTS IN ANY AREA THAT BELOW THE TOP OF BANK. SUCH WORK SHALL BE DONE AT THE DIRECTION OF THE RESTORATION ECOLOGIST. UPLAND NATIVE SEED MIX SYMBOL SCIENTIFIC NAME Ambrosia psilostachya Artemisia califomica Artemisia douglaslana Deinandra fasciculata Distichlis spicata Encelia californk::a Erlogonum fasclculatum Eriophyllum confertiflorum lsocoma menziesii Lotus scoparius Sisyrinchium bellum TOTAL LBS PURE LIVE SEED COMMON NAME (PLS) PER ACRE* Western Ragweed 0.99 California Saqe 0.08 Douglas' Mugwort 0.09 Tarweed 0.24 Salt Grass 0.32 California bush sunflower 2.90 California Buckwheat 0.97 Golden Yarrow 0.08 Coast Goldenbush 0.52 Deerweed 1.28 Blue-eyed Grass 0.73 8.20 THE UPLAND NATIVE SEED MIX SHALL BE USED TO REVEGETATE TEMPORARY CONSTRUCTION IMPACTS IN ANY AREA THAT IS WITHIN NATIVE OR NATURALIZED VEGETATION AND BEYOND THE TOP OF BANK. SUCH WORK SHALL BE DONE AT THE DIRECTION OF THE RESTORATION ECOLOGIST. CHANNEL BOTTOM SEED MIX SYMBOL SCIENTIFIC NAME + + Carex spissa + Eleocharls macrostachya + + + + Equlsetum arvense + + Juncus balticus + TOTAL COMMON NAME San Diego Sedge Creeping Spike Rush Horsetail Baltic Rush CONSTRUCTION LAYDOWN AREA SEED MIX SYMBOL SCIENTIFIC NAME .-·: , .. '.. .. Ambrosia psllostachya ... Dlstlchlls solcata .·.,. · · ·· .. ' . Lotus scoparius : ·: ·. ·.. Bromus cari natus .. · .. ; .:.--: · .. -: Tr~ollum wllldenovll ... , .. ;· (tridentatum) COMMON NAME Western Ragweed Salt Grass Deerweed Brome Tomcat clover LBS PURE LIVE SEED (PLS) PER ACRE* 7.0 1.1 0.7 0.05 8.85 LBS PURE LIVE SEED (PLS) PER ACRE* 0.99 0.32 2.56 4.36 1.09 •, ., Vuloia microstachvs Smal fescue 1.45 -F""'--"=="'-"--+=~=---+-~~----1 • · . . . TOTAL 10.77 100% SUBMITTAL f-----+--+-------------+---+--+---+---1 ~ CI~liN~~NG ~b~~~]AD ~ ~~==============~~ LANDSCAPE REVEGETATION PLANS: A:--co/A D E S I GN +P L ANN I NG "AS-BUILT" ~ ~~~OSCAp~'\'() '<-'V •· " 0 L • l ,-9Q,"i~l-":\ ~ ~-;. »Y .... \\ 0 WARN ING l /2 1 1420 KETTNER BOULEVARD, SUilE 500 SAN DIEGO, CAUFORNIA 92101 (519) 233-1454 FAX (619) 233-0952 ;;; Ji "' s'\~:;:-;, \' i ~ ~ ~ IF THI S BAR DOES ~----w_'_"'_TTE_o_' ---,~~~~~-------o-•rr_'-------------r~P;.E~-~~~~---E-XP_. ________________ D_A_TE ______ ·~-----+-----+~------------------------------------~----~----~----~----~ PROJECT NOTES AND SEED MIXES APPROVED: WIULIAM E. PLUMMER ::: ,\ r ,'~<:\~ 1 -* NOT MEASURE 1" PROJECT"'"'"' DEPUTY CITY ENGINEER PE: 28176 EXPIRES: 03/31/1 0 DATE \\,...., --, REVIEWED BY: II\ ~1Fj=§V:~IT::=~==~~Tr~~==m~~~~~ 0 .<~lo "" 11:--;;,.' TI-IEN DRAWING IS HORIZONTAL N/A L.A..> IDWN BY: MT I PROJECT NO. I DRAWING NO. ? ~() '\ ~OF CALI~Ci NOT TO SC ALE. SCALE DATE INITIAL DATE INiliAL DATE INiliAL CHKD BY: uD;R!l...___ 3338-1 436-2A -VERTICAL NIA E EE RE VISION DESCRIPTI ON -~ l_ ______________________________________________________________________________________________ ~::::::::::::::::::::::::~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~I:N:S:P:E:C:T:O:R::::::::::::::::::::::::D:A:TE::::::~N=GI:N::R::O:F:W:O:R:K~::::::::::::::::::::::::::::::::::::~O:TI£::R::A:PP:R:O:V:AL~::a:TY:::AP:P:R:O:VA=L~::R:V:W:D::B:Y:::D:R::::::::::::::::::::::::::::::::::::::~ l: [)._ N '{) -0 N 0 N ..; '" 0 ~ 0 0 ' _,I 0 u u :I: <( ;; E ., c '" "- ~ c ·o; ., '" ~ :I '" '" ~ WI m ~ ~ « / ~ -'" '" "' lfl _I ~ / 0 « u ~ 0 / m ., c 0 '6 '" :I: m ~ ~ SHEET INDEX SHEET NO. 22 23 24 25 26 LANDSCAPE DESCRIPTION INDEX MAP AND LEGEND PROJECT NOTES, SEED MIXES , AND DETAILS AGUA HEDIONDA CREEK STATION 7+00 TO 24+00 AGUA HEDIONDA CREEKSTATION 24+00 TO 43+00 PROJECT CONSTRUCTION LAYDOWN AREA " "'- ' ~ / '-/ .:.- / / / / ~ / \ / / / / / / / 11 / ) / / / / 0~0 ~~ / ~0/ 0~~ / PARCEL ~ DARY / / ' / y if' / ' .,.I- / ~ ~ b ' ~ ,.{!) ~ / ' \8. / ' /" ~ ~~ .. / ·~ ,._11"--- / / / / PROPOSED "'"·,...-" REFER TO ''"'" DRAWINGS DOWNSTREAM LIMIT OF PROJECT A:--co/A D E S I G N +P L AN N I NG WARN ING 0 l /2 1 1420 KETTNER BOULEVARD, SUilE 500 SAN DIEGO. CAUFORNIA 92101 (519) 233-1454 FAX (619) 233-0952 ' ' PARCEL MAP p.. \. BOUNDARY '- 8+00 ' .,_ .,.. .,.. I I I .,_ .,_ .,.. .,.. .,_ .,_ .,.. .,.. .,.. .,_ .,_ .,_ ~~-1---~OVERSIDE DRAIN .,.. .,.. .,_ .,. .,_ .,_ .,_ REFER TO CIVIL DRAWINGS ""I .. ~~ • EIR 04-02(A)/CDP 06-04x1(A) /SUP 06-02x1(A) 9+oo X l 3 NO REVEGETATION WORK ANTICIPATED INTHIS SECTION. I " ' "" A ~~o ""- PARCEL MAP _/ ' "'. -v~ BOUNDARY "'. ~ '~ '~ r-P'ROP0~3ED RSP REFER TO CIVIL DRAWINGS ,-CJVEoRS IDE DRAIN .,_ .,. REFER TO CIVIL DRAWINGS 'Bt-I I AGUA HEDIONDA CREEIK;-' EASEMENT LINE PER PM 17985 I AGUA HEDIONDA CREEK EASEMENT LINE PER PM 17985 !I ' I 100% SUBMITTAL f--+--+-------------+---+---+---+----J ~ CI~liN~~NG ~b~~~]AD "AS-BUILT" LANDSCAPE REVEGETATION PLANS: AGUA HEDIONDA CREEK STA 7 +00 TO 24+00 "'I ~ ~ IF THI S BAR DOES 1 ____ w_'"_'m_o __ --_-~--~~~~~~~7.~7.~~~---_-_-_-___ o•_rr_• ======----~P~.E~·;;;;;;----E-XP_._-_-_-_-_-_-_----------------~----+----+,.------------------------------+-----}----+----~--~ " <...IV t-PROJECT"'"'"' DEPUTY CITY ENGINEER PE: 28176 EXPIRES: 03/31/1 0 DATE ::: NO T MEASURE 1" REVIEWED BY: ~~FY~~==llr==~~~~~==~~~~~ APPROVED: WILLI AM E. PLUMMER DAlE 0 ° 10 20 30 40 THEN DRAWING IS HORIZONTAL NIA IDWN BY: MT PROJECT NO . I DRAWING NO. ~ NOT TO SC ALE. SCALE DATE INI11AL DATE INI11 AL DATE INI11AL CHKD BY: ~D':-R ---3338-1 436-2A ;l __________________________________________________________________ s~--LE-IN-F-EIT----------~~==~~==~~::::::~::::::::::::~::::::::~::VE::R TI::CA:L:::::N:~::::::::::::::~:::::::::::::::::::::::::::::::::~E=N=GI:NE:E:R:O:F:W:O:RK~::::::R:E:V:I:S:I0:N::D:E:S:C:R:I:P:TI:0:N::::::::~On£::R::AP:P:RO:V:AL=::a:TY::A:P:PR:O:V:AL~=R=V=W=D::B:Y::D:R::::::::::::::::::::::::::::::::~ ~ INSPECTOR ~ 0 0 ' ...JI D u u :r <( ;; E ., c ~ ... ~ c ·o; ., ~ ~ :I ~ ~ ~ ul ., ~ ~ "' / ~ -'" '" "' lfl _I ~ / D "' u ~ 0 / ., ., c 0 '6 '" :r ., ~ ~ "'I 0 "' ~ SHEET INDEX SHEET NO. 22 23 24 25 26 LANDSCAPE DESCRIPTION INDEX MAP AND LEGEND PROJECT NOTES , SEED MIXES , AND DETAILS AGUA HEDIONDA CREEK STATION 7+00 TO 24+00 AGUA HEDIONDA CREEKSTATION 24+00 TO 43+00 PROJECT CONSTRUCTION LAYDOWN AREA • OVERSIDE DRAIN REFER TO CIVIL DRAWINGS \ \ boNCRETE HEADWALL REFER TO CIVIL DRAWINGS + + .... 9 + + + + ,.._ + + + + + + ..., ..... + + + + + CONCRETEHEAIDWAU_~ REFER TO CIVIL DRAWINGS EXISTING RETAINING WAL L REFER TO CIVIL DRAWINGS / • 'fl.$ DON RICARDO DRIVE +---+ AGUA HEDIONDA CREEK DRAINAGE EASEMENT DEDICATED AND ACCEPTED ON PM 17985 I EXISTING CONC HEADWALL REFER TO CIVIL DRAWINGS DON JUAN DRIVE + + + + + + + ?:,_, • AGUA HEDIONDA CREE K DRAINAGE EASEMENT LINE PER PM 17985 - - A:--co/A D E S I G N +P L ANN I NG WARN ING 0 l /2 1 1420 KETTNER BOULEVARD, SUilE 500 SAN DIEGO. CAUFORNIA 92101 (519) 233-1454 FAX (619) 233-0952 rOVEF~SI[JE DRAIN RE FER TO CIVIL DRAWINGS .. 1 42+00 - 4; \ \ \ EXISTING RETAINING WALL REFER TO CIVIL DRAWINGS ---• 0 10 20 30 40 SCALE IN FEET EIR 04-02(A)/CDP 06-04x1(A) /SUP 06-02x1(A) DON RICARDO DRIVE 100% SUBMITTAL 0 10 20 30 40 SCALE IN FEET f--+--+-------------+---+---+---+---J ~ CI~l i N~~NG ~b~~~]AD "AS-BUILT" LANDSCAPE REVEGETATION PLANS: AGUA HEDIONDA CREEK ST A 24+00 TO 43+00 APPROVED: WILLI AM E. PLUMMER E I F~I SBARD ~S ~----~_=_m~~~~~·~•~o~·~cr~·~-~M~m:::::_M_rr_·:::::: __ ~P~E~·~~~--E-~-·~~~~~~~~------~--~-4~---------------~--~-4--+-~ ~u n ~~~N-~2~~ ~~~~1~0 Mrr ::: NO T MEASURE 1" REVIEWED BY: ~~FY~~==llr==~~~~~==~~~~~ DAlE o ~EN DRAWING IS HORIZONTAL NIA DArr INillAL DArr INillAL DArr INillAL IDWN BY: MT PROJECT NO . I DRAWING NO. ~ NOT TO SC ALE. SCALE CHKD BY: ~0':-R __ 3338-1 436-2A ;l--------------------------------------------------------------------------------~~~==~~==~::::::~::::::::::::~::::::::::~:VE::R TI::CA:L:::::N:~::::::::::::::~:::::::::::::::::::::::::::::::::~E=N=G1:NE:E:R :O:F:W:O:RK~::::::R:E:V:I:S:IO:N::D:E:S:C:R:I:P:TI:O:N::::::::~On£::R::AP:P:RO:V:AL=::a:n::A:P:PR:O:V:AL~=R=V=W=D::B:Y::D:R::::::::::::::::::::::::::::::::~ ~ INSPECTOR ~ 0 0 ' _,I 0 u u :I: <( ;; E ., c '" "- ~ c ·o; ., '" ~ :I '" '" ~ WI m ~ ~ « / ~ -'" '" "' lfl _I ~ / 0 « u ~ 0 / m ., c 0 '6 '" :I: m ~ ~ "'I 0 "' SHEET INDEX SHEET NO. LANDSCAPE DESCRIPTION 22 23 24 25 26 \ \ INDEX MAP AND LEGEND PROJECT NOTES, SEED MIXES , AND DETAILS AGUA HEDIONDA CREEK STATION 7+00 TO 24+00 AGUA HEDIONDA CREEKSTATION 24+00 TO 43+00 PROJECT CONSTRUCTION LAYDOWN AREA I ~I II I ~ o$> \ '?'<>- " \ I I I I "II }j_ I \ '( ) ~ tl; J I I o I / / / / I \ ----- \ \ ------ \ \111\1111.~ ~ 111111111 \ 11111111 \ -----1 ----_....-- -- \ ----------\------ \ ---+----------- \----.1... // ---II \ • : : ~ • t \ ··.'. ' . . . . ·. . .': .. ' . -... · .... ' ' . . . . '.' •. ·: ·: ,_ .. : . . ·'.: . :. -~-·. ···, ... :.: . ·. ·.:: . ·.I': : . r .. . ' ' . . ' . . ··,_. · .. ·.· ... :, ·:_.· .. ·. ~-; ~-:_·.· ·.::. < ··: ~---: ~-.. ·-~. : · .. ;' ' . . . . '··' . ·. ... . :.· . . . : ,, ... . ·:-:.·. ...... . .·. . . .· ...... ,: :: .. : .. ' ...... \'·' . . . .. :. ... ·: '·' ·' .. : ~ · ... :. :, . :. > .. ··., .·. ~-.··. ·.. . ·. : : . .. ' . . . . ... . . ·, . . . 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' ·.: ,._. ,.· . ! .••.•.. , .. • • • ; , • r~ • • • • ', '' ·, . • , , • , .• ·.:-... . . .....•... · ... ·.,-· .• · .. ·.·:;.· .. _, .. _ ··,· ... ,n/:' -_:::·: ,: ··: ... ::·:·_·: ·. :_; ··.\::·.·.: .. :• :.-: ,,._ .·.·,:: :· ·:.· ; .. ;·· .. ·. .. >'.· ·. . .. · •. · · · . ' _. · , · . · . :. TEMPORARY STORAGE ·.. . ..... · ·: . · ' . ·· ' . . : ·' "<'· ·:, . ··. ·· .. ··. ': .. · .. ANDDISPOSA(AREA · ·. '·.:-. .. -· . i_ :: .. : : ,._. .. •' ··;._._:.:· .. ; _.·· :.·.-_ .... :·· .. :·. ·.·.: ·,·:_. .',., .:·: = .. ·:_~ .. _.·, .. ,: .. _ .. ·; ... ;~·.--·:;-·: ~·· •.. ·.:· .,···,· ... ·->....:. · .... :,• . -:· .... ·.· ~--.. ~.: : ·:·· ... , . . ·.·.·. : .· . . . . :· .. ·-~ ..... : . :.=· .. .,_.. •. : .. :. . .. :, . ..:c ... · .. _; ::.· .·, :.~: ..... :. •' . '·. ··.··~ . •,:, . •' )_' . . . ·:' -: : '. ~ · .. : . . :· . ·, . . . . . '... ·'·.'· ': :. :. : . .:··.· :'·.~ : -:· .. ~·· ·.· .. : ·, '.· ·:. ' . . . . .' ·. '-.. ····,· ... · ..... : ..... 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' I . . .. __ _/ -~ ' FENCING REQUIRED REFER TO CIVIL DRAWING S \ \ \ ~ \ \ \ -- - \ \ \ - -~ .. ·. ,:, ·. :. · ... · ., ........ i.-:. ·: · ... , ~ .:· .;· . ·-r ... , ... ~ . . -.. . ... ·, .. .:..:::···.:·~ .. -~··=-.·~·· ... < ......... ··•·-~·-.1· ....... .-·~-: .. ··--...;· ... _,. . • ,'I . • : ',. ~ • .. •, .·~ ': ; ~ •; . •' . • :, . • ·.' ·. . . . ... . ., . . . . . : . . . ,-. . . . .; . . .. ' . . ,· .... • .:· :_' .... ,:· ··. •. . .. :. . '. '... . . . .. ·~ : . ·· .. ·, .. \ llllllollr---...... \ \1111111 \ J I I I \ \ I \ I •':· ..... ·. . ·'·,··':· ... •.·:·: ·: ' .. ,. ' • . . : ·.·, •. ·, ; ... •'. . · .... , .• · • : •. : 'I': ~ . :' '. . '·. ·• : ··• "'· . ·. ·. · ...... ,.\ _ .... ./,' :, ... ·,. ,. . . . .. , ..... •' •, :.: .. . . . . . ., . . . .. . . .· .. · .. :.·.. . .·:. . ",' ... ~ . ... ·. .. . ... : ·.' '-. ·' ·· .. ;._ .; · ... :._ :. -:· .. ,: . : .. · ' : ..... ~ -~ ·.: :, .· .. : .. ' ·: ", ··· .. :, .. ·. :. ' . ·, ., ... · ... : ..... : .. : ; ' . :.: ·.·:. _: :";-..-_, . · .. . ... : . " . . '· . . . .: ··.·, . : . . . . . " . .:· . : i ;·_ . ·... ' . . . . . ·: . •' ·. . : ·. ·~ . ·. 1 • • • ,· I ' ', • ,. • ' •• 0 ' •• ·, .• ' • • ' • ' ' • : • : ' ' ' • I ' ' ';-• • ' ~ ' ' ',' • • ' . ··. . . . ~ . . . ' . . . . ' . . ·,. • ... ·. . · ... ·.. '•. • • • • • • •• ·.: •• :_ ••• • •• •• • ' • ••• •• • ' c • .. •.' . . . . . . . . . . ,. . . ·. -... :•, . . . . . ~ . . . . . . . '• . •,•, . : .....• ~ ,·. ~ . . .. •·•· ... · ' .... :: ·'· -:· .·, .'· •. ·. ,·_ .·. ·-... -· .. ·:. ,• . ' . . . ,•: •·. · .. ·.: ··:.--· •' , . , ' ,' • ' . ·, , ' : • '.• ... , •: I , • : :·, : : . ' • . ··' . . . ·. ·. . . '· ·: : •· . . .. : . : : : .' . . ·. . . : · ... ·. . -, . . ~-. . ' . . . . ' , .. : . . . : ' . . . ' . ., ·. • • ,. .• • . ';. • •·• •• ' •• :, • • • "· ., .. : . : • • ... 1 :, ' :. ·'. . ·. ' . :.: •: . .'·· .•'. ' ' . . .. · .. · " . . . . . . . :-.... '. . : . . . : . . • • ''l .... : . . . . ' ''· ••. ' . :.:. • ', .... : '. ·.. •, • ' ' . , • , ... ' .' : :•, , ·: I ',;., ', .: , • ' .. • : : ... ;. . . ·, ·:.. .. ':. : : .-.: . . '. . . . '. :·. . . . . . . . . ' .. . : ,. : ·. .·· ·: .. ·: ... ; . ·• .I' . ·. . . . :.. . • .• . . • ·: .. :• ..... ' ...... . •• • • ••. ·' ·'· ,: •• = ... ·' .·.• ,: ' •, : I ::• .: • ' ; ·• • ,• ' ' .. ; • •, I, : .. -:. ·: -~-:. . " . ' ' ..... ~ ---- FEN CING REQUIRED REFER TO CIVIL DRAWINGS . .. . .. . .. .· '• .-.. . '• ·. . : ', . . ' . : . . ' • -: ' ·~ • • • • > ' . . . • ' .. • . . • : ·, :· • . ', • : . ' , ·. I , • •:, ~. • .... ; :: •. : ',· . : . : ·. :·-... '· . ' . . '. .. . . . . . . . . :• . . ·.. . . 5:1 ----- ,_- 0 15 30 45 60 SCALE IN FEET 11-- ;,':·,.·_'':'<';·. -~:.:-·~, ., ____ :_)':.;.·::··, ,:.·:: .. ·: · .. :·: · .. ,._' .,. ' .:, .. · ... · . . ... ·.· .. ·.· .. ·· '.·· .. ·.· .... ···.·.'.·· · ... ,·_·\·· ...... ·,··, ·· , .. · · COr-.iTRAtTOR'$ ·:· ·; ··::···,·.c... ·' .· :·. :-··. · · • . -· ·· : · :· . :. · : i:kiuiPMt;~_rYfiRo · :-. . · '· .. '.<; · ·" : ·.: >. '. .. ·: . .. ·, .•., ••• •• ;_ -:.'-:.·:·:·,· ':,.. ,., ••• ., •• •••• •••• ••• •, • ••• ri .......... 'i, .. · .. : ..• · ."--·: :~ :.• .::·.·:. ., . '· '... . ·. ·' ... , : . ': .... : ·-: ·: ". ,:-.. -~ .· .. -~:· ... ·:: •·. ",.: . ·. : ·: . ·.. . : . ':• . ·'· . :·.· ' . ''.·• . ':. · .. : . . .. ' ...... · .. :··· .. · .. ;, ·· .. · ·: . :, , , I ,' ',, .. ' :,, ' : ., 1. • .. ; • ·:, \, · · "I '". I ' . • , , , , .. ",, · } '.,. '' : : ·: ' '',.;' .. ·" .· . .'· . '. ~ .• ~. . . :· ·. . .·, .. ·' . . ; . ·' . ., . : : . . . ·, ._. '· ',' ····.·= .. ·.·. , ... · .... · .· ... _, ~~====== ~---~---t ~ -. ·· .. , · .. :_, ... :·.·.·. ----~ -=----=- CANNON ROAD THE CONSTRUCTION LAYDOWN AREA SEED MIX SHALL ONLY BE USED WITHIN THE PERMITTED CONSTRUCTION LAYDOWN LIMITS. APPROXIMATE LIMITS OF DISTURBANCE ARE DEPICTED ON THE DRAWINGS. REVEGETATION AREAS SHALL BE ADJUSTED AT THE DIRECTION OF THE RESTORATION ECOLOGIST TO FOLLOW ACTUAL PROJECT DISTURBANCE. WARN ING A:--co/A D E S I G N +P L A NN I NG 1420 KETTNER BOULEVARD, SUilE 500 SAN DIEGO. CAUFORNIA 92101 (519) 233-1454 FAX (619) 233-0952 "AS-BUILT" 0 l /2 1 " ---L ( - __ , __ rt ____ _ -.....---- ---- EIR 04-02(A)ICDP 06-04x1(A) I SUP 06-02x1(A) / / / / / / / / I / / ./ / 100% SUBMITTAL • ' f--+--+-------------+---+---+---+----J ~ CI~l i N~~NG ~b~~~]AD ~ ~LUID~~S=C=AP~E=R~EVE~=G~E~TA~TI~O~N~P~LAN==S~:========~====~ PROJECT CONSTRUCTION LAYDOWN AREA APPROVED: WILLI AM E. PLUMMER N p ~ ~. ~ IF THI S BAR DOES 1 ____ w_'_"'m __ o·--------~~~~~~~~~7.~~~~~-~---_-_--____ o•_rr_·~=====~----~~~~~~----------------------------l------+-----~.---------------------------------4-----~----~----~----~ " 1-PROJECT"'"'"' DEPUTY CITY ENGINEER PE: 28176 EXPIRES: 03/31/10 DATE ::: NO T MEASURE 1" REVIEWED BY: ~iiFf~~m:=::jlf=~~~~~;==lFoi~~~~ DAlE 0 THEN DRAWING IS HORIZONTAL NIA IDWN BY: MT PROJECT NO . I DRAWI NG NO. ~ NOT TO SC ALE. SCALE DATE INI11AL REVISION DESCR IPTI ON DATE INI11 AL DATE INI11AL CHKD BY: ~Dr:-R __ 3338-1 436-2A ;l------------------------------------------------------------------------------------------~~~==~~==~~::::::~::::::::::::::~::::::::::~::VE:R:TI::C:A:L:::::N:~::::::::::::::~:::::::::::::::::::::::::::::::D:A:=~==~E=NG:IN:E:E:R:O:F:W:O:R:K~::::::::::::::::::::::::::::::::::~O:n£::R:A:P:P:RO:V:A:L~:a:TY::A:P:P:R:OV:A:L~:R:V:W:D::B:Y:::D:R::::::::::::::::::::::::::::::::::::~ ~ INSPECTOR 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 6376 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING CERTIFICATON OF AN ENVIRONMENTAL IMPACT REPORT AND ADOPTION OF CANDIDATE FINDINGS OF FACT AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE DRAINAGE MASTER PLAN UPDATE. CASE NAME: CITY OF CARLSBAD DRAINAGE MASTER PLAN UPDATE/AGUA HEDIONDA AND CALA VERA CREEKS CASE NO: EIR 04-02 WHEREAS, the City of Carlsbad, "Applicant," has filed a verified application with the City of Carlsbad to adopt a city-wide Drainage Master Plan, an update to the current Master Drainage Plan previously adopted in 1994 and amended in 1996; and WHEREAS, an Environmental Impact Report -EIR 04-02 was prepared in conjunction with the City of Carlsbad Drainage Master Plan Update ("Project") in compliance with the California Environmental Quality Act (CEQA); and WHEREAS components of both the existing Master Drainage Plan and l?roject include the dredging of portions of Calavera and Agua Hedionda creeks for enhanced flood control; and WHEREAS, following public circulation and notice of the Final Environmental Impact Report (Final EIR), staff determined necessary additional minor text changes to the Final EIR as shown in attached exhibit "EIR-C." These changes clarify that the number of lots in the Rancho Carlsbad community that would remain subject to at least partial inundation during a 100-year storm event, is an approximate, rather than a specific or maximum number; and WHER~AS, the minor text changes merely clarify discussion already contained in the Final EIR. As such, recirculation of the Final EIR is not required because 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the new information added to the EIR makes insignificant modifications to an adequate EIR (CEQA Guideline, 15088.5(b)); and WHEREAS, the Planning Commission did on January 16, 2008 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, the Final EIR, as modified by attached Exhibit "EIR-C," was presented to the Planning Commission, and the Planning Commission reviewed and considered the information contained in the Final EIR prior to approving the Project; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the Final EIR, Candidate Findings of Fact, and Mitigation Monitoring and Reporting Program, analyzing the information submitted by City staff, and considering any written and oral comments received, the Planning Commission considered all factors relating to the Final EIR. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitals are true and correct; B) C) D) That the Final EIR consists of EIR 04-02, dated December 2007, appendices, written comments and responses to comments, all on file in the Planning Department and incorporated by this reference, and the minor text changes identified in attached Exhibit "EIR-C," and collectively referred to as the "Report." That the Final EIR, EIR 04-02, as modified by attached Exhibit "EIR-C, is recommended for acceptance and certification as the FEIR, and that the FEIR as recommended is adequate and provides reasonable information on the Project and all reasonable and feasible alternatives thereto, including the "No Project" alternative. That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS CERTIFICATION of the Final EIR, EIR 04-02, as modified by attached Exhibit "EIR-C," ("Report"), and RECOMMENDS ADOPTION of the Candidate Findings of Fact ("CEQA" Findings); attached hereto marked as Exhibit "EIR-A" and incorporated by this reference; and the Mitigation Monitoring and Reporting Program PC RESO NO. 6376 -2- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ("Program"), attached hereto marked as Exhibit "EIR-B" and incorporated by this reference; based on the following findings that are supported by substantial evidence in the Record and subject to the following condition. Findings: 1. 2. 3. 4. 5. The Planning Commission does hereby find that the Final EIR 04-02, as modified by attached Exhibit "EIR-C,"_the CEQA Findings, and the Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Carlsbad. The Planning Commission has reviewed, analyzed, and considered Final EIR 04-02, the environmental impacts therein identified for this Project and as modified by attached Exhibit "EIR-C," the CEQA Findings, and the Program prior to RECOMMENDING APPROVAL of the Project, and they reflect the independent judgment of the City of Carlsbad Planning Commission. The Planning Commission does accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the CEQA Findings, including feasibility of mitigation measures pursuant to Public Resources Code 21081 and CEQA Guidelines 15091, and infeasibility of Project alternatives. The Planning Commission hereby finds that the Program is designed to ensure that during Project implementation and operation the Developer and any other responsible parties implement the Project components and comply with the feasible mitigation measures identified in the CEQA Findings and the Program. The Record of Proceedings for this Project consists of the Report, CEQA Findings, and the Program; the "Record" upon which the Planning Commission bases these CEQA Findings and its actions and determinations regarding the Project includes, but is not limited to, the Draft EIR, together with all appendices and technical reports referred to therein, whether separately bound or not; all reports, letters, applications, memoranda, maps, or other planning and engineering documents prepared by the City, planning consultant, environmental consultant, Project applicant, or others presented to or before the decision-makers as determined by the City Clerk; all letters, reports, or other documents submitted to the City by members of the public or public agencies in connection with the City's environmental analysis on the Project; all minutes of any public workshops, meetings, or hearings, including the scoping sessions, and any recorded or verbatim transcripts/videotapes thereof; any letters, reports, or other documents or other evidence submitted into the record at any public workshops, meeting, or hearings; matters of common general knowledge to the City that the City may consider, including applicable State or local laws, ordinances, and policies, the General Plan, Zoning Ordinance, Local Facilities Management Plans, and all applicable planning programs and policies of the City; and, all findings and resolutions adopted by the City in connection with the Project, including all documents cited or referred to therein. PC RESO NO. 6376 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 The custodian of the full administrative record shall be the City Clerk's Office, 1200 Carlsbad Village Drive, and the Planning Director, 1635 Faraday Avenue, both in Carlsbad, CA 92008. Condition: 1. The Developer shall implement the mitigation measures described in Exhibit EIR-B, the Program, for the mitigation measures and monitoring programs applicable to development and operation of the Drainage Master Plan Update. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission ofthe City of Carlsbad, held on January 16,2008, by the following vote, to wit: ATTEST: DONNEU AYES: NOES: ABSENT: ABSTAIN: hairperson Chairperson Baker, Commissioners Boddy, Dominguez, Douglas, Montgomery, and Whitton Commissioner Cardosa , ........... .._...NNING COMMISSION 24 Planning Director 25 26 27 28 PC RESO NO. 6376 -4- EXHIBIT "EIR-A" CITY OF CARLSBAD PLANNING COMMISSION RESOLUTION NO. 6376 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS OF FACT (PUBLIC RESOURCES CODE 521081 CEQA GUIDELINES 315091) For the FINAL ENVIRONMENTAL IMPACT REPORT (EIR 04-02) For the CITY OF CARLSBAD DRAINAGE MASTER PLAN UPDATE (SCH No. 2006041 066) Findings of Fact 1.1 INTRODUCTION A Final Environmental Impact Report (Final EIR) has been prepared pursuant to the California Environmental Quality Act (CEQA), the CEQA Guidelines, and Chapter 19.04 (Environmental Protection Procedures) of the Carlsbad Municipal Code to address the potential environmental effects of the City of Carlsbad (City) Drainage Master Plan Update (DMP Update; the Project) and considered by City Council in connection with its public consideration of requested approvals for the Project. The full scope of the Project and associated approvals are described in more detail in Section 1.2 below. The Project consists of an update to the City's existing Master Drainage and Storm Water Quality Management Plan. The DMP Update is a comprehensive planning document that serves to assess existing storm drain infrastructure and drainage areas; identify anticipated improvements and additional infrastructure required to prevent flooding and accommodate storm flows resulting from future development within the city; and provide guidance on developing a Planned Local Drainage Area (PLDA) fee program to facilitate construction of specific drainage facilities required for new development. A program level environmental analysis has been prepared for most of the project components proposed in the DMP Update, as well as for proposed operation and maintenance activities. In addition to the program level analysis, two project components identified with the DMP Update are at a point in the design process that enables a project level analysis. Specifically, the City has initiated design of the Agua Hedionda and Calavera Creeks Dredging and Improvements Project (identified in the DMP Update as project components B and BN and identified by the city-issued permits for the dredging project as "Agua Hedionda and Calavera Creeks"). Project components B and BN involve drainage infrastructure modifications and improvements along Agua Hedionda and Calavera creeks to provide flood protection for Rancho Carlsbad, an existing residential community. Because project components B and BN are in the design phase, they are evaluated at a project level in the Final EIR and are part of the Project as defined herein). The Final EIR and its separately bound technical appendices are incorporated herein by reference as though fully set forth. The following statement of facts and findings ("Findings") has been prepared in accordance with CEQA, for use by the City in connection with its actions as Lead Agency for the Project. 1.1.1 Defmitions The following table defines acronyms, abbreviations, terms, and phrases are used in this document. Term Definition BMP Best Management Practice CDFG California Department ofFish and Game CEQA California Environmental Quality Act CIP Capital Improvement Project City the City of Carlsbad CWA Clean Water Act CEQA Findings of Fact 2 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact Term Definition dB A A-weighted decibel DMP Update the Update to the City's Drainage Master Plan Final EIR Final Environmental Impact Report Findings the statement of facts and findings that have prepared in accordance with CEQA GPS global positioning system HMP Habitat Management Plan Important Farmland Prime Farmland, Farmland of Statewide Importance, Unique Farmland, or Farmland of Local Importance, as shown on maps prepared pursuant to Farmland Mapping and Monitoring Pro_gram in/sec inches per second LCP Local Coastal Program Lead Agency the City of Carlsbad L~g_ equivalent noise level LF linear feet LOS level of service LUCP Land Use Compatibility Plan MHCP Multiple Habitat Conservation Program MMRP Mitigation Monitoring Reporting Program NOC Notice of Completion NOP Notice of Preparation PD Planning Director PI Principal Investigator PLDA Planned Local Drainage Area ppv peak particle velocity. program level the program level environmental review of the project components proposed in the DMP Update Project the Carlsbad Drainage Master Plan Update project components Band BN the Agua Hedionda and Calavera Creeks Dredging and Improvements Project project level the project level environmental review prepared for DMP Update project components B and BN Resource Agencies applicable state and local agencies with jurisdiction over implementation of proposed DMP Update components, including but not limited to USACE, RWQCB, USFWS, SWR_QB, and/or CDFG RWQ_CB Regional Water Quality Control Board sere South Coastal Information Center STPs shovel test pits SWPPP Storm Water Pollution Prevention Plan SWRQB State Water Resources Control Board US ACE U.S. Army Corps of Engineers USFWS U.S. Fish and Wildlife Service Wildlife Agencies USFWS and CDFG WQTR Water Quality Technical Report 1.1.2 Record The "Record" upon which the City Council bases these CEQA Findings and its actions and determinations regarding the Project includes, but is not limited to, the following: CEQA Findings of Fact 3 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact (1) The Draft EIR and Final EIR for the Project, together with all appendices and technical reports referred to therein, whether separately bound or not; (2) All reports, letters, applications, memoranda, maps, or other planning and engineering documents prepared by the City, planning consultant, environmental consultant, project applicant, or others presented to or before the decision-makers as determined by the City Clerk; (3) All letters, reports, or other documents submitted to the City by members of the public or public agencies in connection with the City's environmental analysis on the Project; (4) All minutes of any public workshops, meetings, or hearings, including the scopmg sessions, and any recorded or verbatim transcripts/videotapes thereof; (5) Any letters, reports, or other documents or other evidence submitted into the record at any public workshops, meeting, or hearings; (6) Matters of common general knowledge to the City that the City may consider, including applicable State or local laws, ordinances, and policies; the General Plan; and all applicable planning programs and policies of the City; and (7) All findings and resolutions adopted by the City in connection with the Project, including these Findings, and all documents cited or referred to therein. The custodian of the full administrative record shall be the City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, and the Planning Director, 1635 Faraday Avenue, also in Carlsbad. The City Council received, reviewed, and considered all of the information and documents in the record. 1.1.3 Overview of Project Impacts and CEQA Findings The Final EIR assesses the potentially significant impacts of the DMP Update and identifies the following categories of impacts: (1) Potential impacts that would be "less than significant"; and (2) Potential impacts that would be mitigated to a level that is "less than significant with the implementation of mitigation measures identified in the Final EIR." (3) Potential impacts that would be "significant and unrnitigable" because they could not be reduced to a less than significant level with the implementation of mitigation measures. The DMP Update would not result in impacts that would be "significant and unmitigable." CEQA Findings of Fact 4 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact The City is acting as the Lead Agency for the Project under CEQA. As the Lead Agency, the City is responsible for making certain written .Findings related to the Project prior to approval of the DMP Update. Pursuant to CEQA Sections 21081 and 21081.5 and CEQA Guidelines Sections 15091 and 15096(h), for each significant Project impact identified in the Final EIR [i.e., categories (2) and (3) above], the City must make one or more of the following Findings: (1) Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency (other than the City), and such changes have been, or can and should be, adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. CEQA defines "feasible" to mean "capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors" [CEQA § 21061.1]. The CEQA Guidelines add "legal" considerations as an additional factor in determining feasibility [CEQA Guidelines § 15364]. In addition, if the Finding in (3) above is made with respect to any significant Project impact, the City must make a Finding, based upon substantial evidence in the record, that specific overriding economic, legal, social, technological, or other benefits of the Project outweigh the significant effects on the environment [CEQA §§ 21081(b), 20181.5; CEQA Guidelines§ 15093]. The Findings set forth in this document have been prepared pursuant to CEQA Sections 21081 and 21081.5 and CEQA Guidelines Sections 15091, 15092, 15093, and 15097 to address the environmental effects of the Project set forth in the Final EIR as modified. 1.1.4 Mitigation Monitoring Reporting Program A Mitigation Monitoring Reporting Program (MMRP) has been prepared and will be adopted as part of the conditions of approval of the DMP Update, pursuant to CEQA Section 21 081.6 and CEQA Guidelines Section 15097. A copy of the MMRP is included as Exhibit B to this Resolution and incorporated herein by this reference. 1.2 PROJECT DESCRIPTION 1.2.1 Project Location Program Level The DMP Update proposes project components located within Carlsbad, in the northern part of San Diego County. The City encompasses approximately 42 square miles and is divided into CEQA Findings of Fact 5 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact four major drainage basins, which all ultimately drain to the Pacific Ocean. These four basins (Basins A, B, C, and D) roughly correspond to the four local watersheds (Buena Vista Creek, Agua Hedionda Creek, Encinas Creek, and Batiquitos Lagoon). Basins A, B, and D extend outside of city limits, while Basin C is included entirely with the jurisdictional boundaries of the City. All project components would be located within the City's jurisdictional borders. Basin A (Final EIR, Figure 3-1) is located in the northern portion of Carlsbad. It is bordered by State Route 78 and Oceanside to the north, the Pacific Ocean to the west, generally Carlsbad Village Drive to the south, and College Boulevard to the east. Basin A is the smallest basin within the Carlsbad drainage area, occupying approximately 2,270 acres within the Buena Vista Creek Watershed. Basin B (Final EIR, Figure 3-2) is located directly south of Basin A. The northern basin boundary roughly follows Carlsbad Village Drive. The southern boundary incorporates Palomar Airport Road, Cannon Road, and College Boulevard. The basin extends east from the coast to the city boundary, occupying approximately 9,340 acres within the Agua Hedionda Creek Watershed. Basin C (Final EIR, Figure 3-3) is located in the center of the city and encompasses approximately 2,580 acres within the Encinas Creek Watershed. The northern boundary includes a portion of Palomar Airport Road, Cannon Road, and College Boulevard. The western boundary is the Pacific Ocean, while the southern boundary follows Poinsettia Lane and El Camino Real. The eastern boundary of the basin follows El Camino Real, with a small extension out along Palomar Airport Road east of El Camino Real. A large segment of McClellan-Palomar Airport Road runs through the center of this basin. Basin D (Final EIR, Figure 3-4) is located in the southern portion of the city. The southern boundary is. the same as Carlsbad's boundary with Encinitas. The western boundary is the Pacific Ocean. The northern boundary includes Poinsettia Lane and El Camino Real. The eastern boundary follows Rancho Santa Fe Road and the city's border with Encinitas and San Diego County. Basin D is the largest basin, encompassing approximately 10,907 acres within the Batiquitos Lagoon Watershed (City of Carlsbad 2006a). Project Level Project components B and BN are located within the Aqua Hedionda Creek Watershed. These DMP Update project components, described in more detail below, would provide flood protection for Rancho Carlsbad. Agua Hedionda and Calavera creeks flow within constructed earthen channels through Rancho Carlsbad, except under bridges where riprap sides exist. Agua Hedionda Creek (Project component B) flows west through the southwestern portion of Rancho Carlsbad, bends southwest at the confluence with Calavera Creek, and exits the Rancho Carlsbad community under El Camino Real. West ofEl Camino Real, Agua Hedionda Creek bends west, where it passes beneath Cannon Road and flows into a natural stream channel that drains into Agua Hedionda Lagoon. Two road crossings, Cannon Road Bridge and El Camino Real Bridge, are located within the downstream portion of the proposed work area. The length of work in Agua Hedionda Creek within the project boundary is approximately 3,000 linear feet (LF), CEQA Findings of Fact 6 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact extending from approximately 100 feet below the downstream edge of Rancho Carlsbad Drive Bridge to the downstream edge of Cannon Road Bridge. Calavera Creek (Project component BN) originates from Lake Calavera and meanders in a southerly direction through open space, then flows south through an 11-foot by 7-foot reinforced concrete box culvert under the intersection of College Boulevard and Cannon Road, and enters the Rancho Carlsbad community at the point of confluence with a tributary known as Little Encina Creek. Calavera Creek then flows southwest, along the northwest boundary of the Rancho Carlsbad community, to a point of confluence with Agua Hedionda Creek, located approximately 300 feet east of El Camino Real. The approximate length of Calavera Creek within the project boundary is 3,400 LF, extending from the box culvert at the intersection of Cannon Road and College Boulevard to the confluence with Agua Hedionda Creek. 1.2.2 Project Description Program Level As a comprehensive planning document, the DMP Update is comprised of PLDA projects (subject to the PLDA fee program), operation and maintenance activities, and non-PLDA projects. Under the PLDA fee program, fees paid by developers are used by the City to construct and maintain storm water infi-astructure required for accommodating the increased storm water flows resulting from new development. Non-PLDA projects involve improvements to drainage facilities that are public facilities but are not required to accommodate additional storm flows generated from new development. Because non-PLDA projects do not address impacts of new development, they are not funded by the PLDA fee. In addition, the DMP Update identifies Capital Improvement Projects (CIPs), which involve improvements to existing drainage facilities and are considered non-PLDA projects in the DMP Update. Operation and maintenance-related activities for both PLDA and non-PLDA project components are also included in the DMP Update but would not be funded through the PLDA fee program. PLDA projects included in the DMP Update would involve drainage infrastructure components and activities, including (but not limited to) reinforced concrete pipe, concrete trapezoidal channels, soft bottom trapezoidal channels, drainage inlets, manhole cleanouts, junction structures, perforated subdrains, gabion structures, sediment basins, water quality basins, erosion and scour protection, slope stabilization, installation ofVmax, and bridge construction. Non-PLDA projects, including CIP projects, encompass both proposed facilities and existing facilities that are now considered for rehabilitation but would not be funded by the City's PLDA program because they are not intended to accommodate additional storm flows generated from proposed new development. Proposed non-PLDA projects included in the DMP Update would involve drainage infrastructure components and activities, including (but not limited to) those described above for PLDA projects. Details of these general activities proposed as part of the DMP Update are found in Sections 3.3.5 and 3.3.6 of the Final EIR. Tables 3-1 and 3-2 of the Final EIR list the proposed PLDA and non-PLDA projects identified by the DMP Update. CEQA Findings of Fact 7 January I 6, 2008 EJR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact Operation and maintenance of existing and proposed drainage facilities are an essential component for the proper and efficient function of city infrastructure. While operation and maintenance activities are anticipated for all city drainage facilities, including both PLDA and non-PLDA DMP Update components, these proposed activities are long-term commitments that would not be paid for by private developers and would therefore not receive funding from the PLDA fee program. Proposed operation and maintenance activities have been grouped into a number of categories, including (but not limited to) Inlet/Outlet and Channel Maintenance, Existing Facilities Repair, Facility Rehabilitation/Upgrades (Non-capacity Related), Culvert Replacement and Roadway Rehabilitation, Bridge Rehabilitation/Replacement, Storm Drain Infrastructure Repair, Sedimentation/Retention/Water Quality Basin Maintenance and Repair, and Jurisdictional Dam operation and maintenance. Each of these categories is discussed in greater detail in Section 3.3.6 of the Final EIR. Project Level Project components B and BN are proposed to provide flood protection for the Rancho Carlsbad residential community by improving the capacity of Aqua Hedionda and Calavera creeks (within Rancho Carlsbad) to contain a 100-year flood event, to the extent feasible. Both project components contain both PLDA and non-PLDA elements. Proposed PLDA project component B involves channel improvements along approximately 3,000 LF of an existing tributary that conveys runoff from Agua Hedionda Creek and adjacent open areas. PLDA project component B would involve dredging portions of Agua Hedionda Creek to widen the creek at its confluence with Calavera Creek, improving conveyance capacity of the channel for containment of a 1 00-year flood event, collecting on-site and off-site storm water runoff, and minimizing flooding of segments of Agua Hedionda Creek adjacent to the Rancho Carlsbad residential community. Proposed improvements would entail dredging, dewatering, possible beach disposal of sand and sediment from within the channel banks, possible bridge stabilization, and on-site restoration where appropriate. PLDA project component BN would involve excavation and enhancement of Calavera Creek. Modifications include installation of gabion structures, removal of miscellaneous concrete, and bank stabilization. Upon completion of channel dredging improvements, long-term maintenance of both Agua Hedionda and Calavera creeks would be required to maintain flood control capacity (i.e., contain 100-year flood events). Project components B and BN both propose non- PLDA components, including long-term channel maintenance in the form of periodic inspections; sediment, debris, and, vegetation removal; and repair of eroded surfaces associated with drainage and bridge appurtenances. · With implementation ofPLDA project components Band BN, all but approximately nine· of the lots in Rancho Carlsbad would receive protection from a 100-year flood event. CEQA Findings of Fact 8 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact 1.2.3 Project Objectives Implementation of the proposed DMP Update (including proposed PLDA, non-PLDA, and operation and maintenance activities) would accomplish the following objectives: • address existing and anticipated future drainage infrastructure deficiencies within the city at a basinwide level; • provide facilities to accommodate storm flows from future development contemplated by the City's General Plan; • provide facilities to accommodate anticipated drainage infrastructure needs in the city, either through rehabilitation and replacement of aging infrastructure or implementation of new facilities necessary to accommodate generalized future development; and • provide for necessary long-term infrastructure operation and maintenance activities to ensure public safety, reduction of flood hazards, and storm water quality control. The DMP Update does not directly address storm water quality because the City now has separate planning documents for storm' water quality control. However, a benefit of the DMP Update is that it would indirectly protect and improve water quality by improving storm water conveyance, reducing erosion, and removing sediments and/or contaminants. 1.2.4 Discretionary Actions The following discretionary actions will be required to implement the DMP Update, as applicable to specific project components: City of Carlsbad • Approval of the DMP • Various City Approvals/ Permits City of Carlsbad! California Coastal Commission • Coastal Development Permit • Local Coastal Program (LCP) Amendment FEMA • Conditional Letter of Map Revision (CLOMR)/Letter of Map Revision U.S. Army Corps of Engineers • Section 404 Permit California Department of Fish and Game • Streambed Alteration Agreement CEQA Findings of Fact 9 EIR 04-02 Carlsbad Drainage Master Plan Update January 16, 2008 Findings of Fact California Department of Transportation • Encroachment Permits Regional Water Quality Control Board • Dewatering Permit • 401 Certification • Construction Stormwater Permit San Diego Gas & Electric • Encroachment Permits 1.3 FINDINGS REGARDING THE ENVIRONMENTAL REVIEW PROCESS The City, acting as Lead Agency for the environmental review of the DMP Update under CEQA, makes the following Findings with regard to the environmental review process undertaken to analyze potential environmental impacts of the DMP Update. (1) In accordance with CEQA Guidelines Section 15060(d), the City determined the Project would clearly require an EIR and therefore did not prepare an Initial Study. (2) The City issued its Notice of Preparation (NOP) on March 29, 2006. The NOP was distributed to all responsible and trustee agencies, as well as other agencies and members of the public (Appendix A of the Final EIR), and was published in a local newspaper. A number of written responses were received. (3) The City held a public scoping meeting on April 12, 2006, at the City's Faraday Center. Advance notice of the meetings was given in the NOP. At the scoping meeting, the public was invited to comment on the scope and content of the EIR. Oral and written comments were received. A copy of the NOP and the written comments received in response to the NOP and public scoping process are included in Appendix A of the Final EIR. (4) The following substantive potential impact areas were identified for the environmental impact analysis: • Land Use • Transportation/Circulation • Agricultural Resources • Noise • Visual Resources • Air Quality • Recreation • Biological Resources • Geology/Soils • Cultural Resources • Hydrology/Water Quality • Paleontological Resources Additionally, the Final EIR includes other substantive sections required by CEQA, such as executive summary, project description, cumulative effects, effects found not to be significant, and growth inducing effects and alternatives. CEQA Findings of Fact 10 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact (5) The Draft EIR for the DMP Update was circulated for public review for a period of 45 days, which started on July 16, 2007, and ended on August 31, 2007. A 15- day extension of the public review period was granted, enabling additional comments to be received through September 14, 2007. The Draft EIR was distributed to a variety of public agencies and individuals. A Notice of Completion (NOC) of the Draft EIR was published in a local newspaper. The NOC included information on locations, including the City's website, where the EIR as well as the proposed Drainage Master Plan Update document would be available to the public. ( 6) The City has considered, and responded to, public comments on the Draft EIR. The City determined that recirculation of the Draft EIR was not required. Responses to comments received on the Draft EIR are included in Appendix F of the Final EIR. (7) The City released the Final EIR for public review in December 2007. The Final EIR was distributed to all responsible and trustee agencies as well as all agencies and members of the public that submitted written comments on the Draft EIR. The City made public the release of the EIR through an announcement on its website where the Final EIR would be available to the public. (8) Prior to certification of the Final EIR, the City Council has not made any decisions that constitute an irretrievable commitment of resources or a commitment to a definitive course of action with respect to the DMP Update. 2.0 FINDINGS REGARDING POTENTIAL ENVIRONMENTAL IMPACTS DETERMINED TO HAVE NO IMPACT OR TO BE LESS THAN SIGNIFICANT The City hereby finds that the following potential environmental impacts of the DMP Update are less than significant and therefore do not require mitigation measures. 2.1 LAND USE 2.1.1 Program Level Finding: Implementation of the DMP Update would not result in program level land use impacts associated with the Significance Criteria discussed in Section 4.1.2 of the Final EIR. Specifically, the DMP Update components would not: • result in the physical division of the communities within the city, • conflict with any applicable land use plan, policy, or regulation, or • conflict with the City's Habitat Management Plan (HMP). Facts in Support: Proposed DMP Update components would not physically divide the communities within the city because construction and operation of the proposed DMP Update CEQA Findings of Fact 11 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact components would primarily occur in existing drainages or rights-of-way within developed areas, or natural drainages within open space areas. Therefore, program level impacts would be less than significant. The proposed DMP Update would not conflict with existing land uses and designations because the components would be consistent with City land use plans and policies, including the Carlsbad General Plan, Zoning Ordinance, Floodplain Management Regulations, Growth Management Program, Local Facilities Management Plans, Land Use Compatibility Plan (LUCP) for McClellan-Palomar Airport, Open Space and Conservation Management Plan, and Local Coastal Program. Therefore, program level impacts resulting from conflicts with land use plans, policies, and regulations would be less than significant. The DMP Update's consistency with each of the aforementioned land use plans arid policies is detailed in Section 4.1.3.1 of the Final EIR. The proposed DMP Update would not result in any land use conflict with the City's HMP because design features/methods and construction measures have been incorporated into the project design that result in the avoidance of potential conflicts with the City's HMP. These measures include installation of temporary fencing along Coastal Zone/HMP boundaries adjacent to constructing/staging areas; limitations and regulation of vehicle access to construction sites; identification of designated staging areas for storage of construction equipment/materials, parking, or other construction-related activities; and designation of staging areas for equipment/vehicle fueling at a minimum distance of 50 feet away from HMP boundaries. Additionally, appropriate catchment basins/devices shall be used to prevent the flow of fuel, and construction equipment shall be checked for leaks prior to operation and repaired as necessary. The City would verify that these measures occurred prior to the first preconstruction meeting for each component. Therefore, the DMP Update would not conflict with the requirements of the HMP. These measures are further detailed in Table 3-6 of the Final EIR. 2.1.2 Operation and Maintenance Finding: Implementation of proposed operation and maintenance activities would not result in land use impacts associated with the Significance Criteria discussed in Section 4.1.2 of the Final EIR and restated above in Section 2.1.1. Facts in Support: Proposed operation and maintenance activities would not physically divide a community within the City because proposed activities would occur within existing or proposed drainage facilities. Therefore, impacts associated with operation and maintenance activities would be less than significant. Proposed operation and maintenance activities would not conflict with any existing land uses and designations because the component parts would be consistent with City land use plans and policies, including the Carlsbad General Plan, Zoning Ordinance, Floodplain Management Regulations, Growth Management Program/ Local Facilities Management Plans, LUCP for McClellan-Palomar Airport, Open Space and Conservation Management Plan, and Local Coastal Program. Therefore, impacts resulting from conflicts with land use plans, policies, and CEQA Findings of Fact 12 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact regulations would be less than significant. The DMP Update's consistency with each of the aforementioned land use plans and policies is detailed in Section 4.1.3.1 of the Final EIR. Proposed operation and maintenance activities associated with the DMP Update would not result in any land use conflict with the City's HMP because design features/methods and construction measures have been incorporated into the project design that result in the avoidance of potential conflicts with the City's HMP. These measures, discussed in Section 2.1.1 above and detailed in Table 3-6 of the Final EIR, will be verified by the City prior to the first preconstruction meeting for each component of the DMP Update. Therefore, operation and maintenance activities would result in less than significant land use conflicts with the City's HMP. 2.1.3 Project Level Finding: Implementation of the proposed Agua Hedionda and Calavera Creeks Dredging and Improvements (DMP Update project components B and BN) would not result in land use impacts associated with the Significance Criteria discussed in Section 4.1.2 of the Final EIR and restated above in Section 2.1.1. Facts in Support: Proposed project components B and BN would not physically divide a community within the city because the proposed dredging and improvements in Aqua Hedionda and Calavera creeks would occur within the existing drainage facilities and do not involve the construction of any new structures. Therefore, project level impacts associated with components B and BN would be less than significant. Proposed project components B and BN would not conflict with existing land uses and designations because proposed improvements do not involve change in existing land use or zoning designations. Additionally, proposed project components B and BN are not located within the McClellan-Palomar Airport LUCP. There are no conflicts with land use plans, policies, and regulations; therefore, project level impacts associated with components B and BN would be less than significant. Proposed project components Band BN would not result in any land use conflict with the City's HMP because project components B and BN are not located within the designated Existing Hardline Preserve Area of the City's HMP. Therefore, project level impacts associated with components B and BN would be less than significant. 2.2 AGRICULTURAL RESOURCES 2.2.1 Program Level Finding: Implementation of the DMP Update would not result in program level impacts to agricultural resources associated with the Significance Criteria discussed in Section 4.2.2 of the Final EIR. Specifically, the DMP Update components would not: CEQA Findings of Fact 13 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact • convert Prime Farmland, Farmland of Statewide Importance, Unique Farmland, or Farmland of Local Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program (i.e., Important Farmland), to nonagricultural use; • conflict with existing General Plan policies, zoning for agricultural use, or a Williamson Act contract; or • involve other changes in the existing environment, which, due to their location or nature, could result in conversion of agricultural land uses to nonagricultural use. Facts in Support: Proposed DMP Update components would not result in the conversion of Prime Farmland, Farmland of Statewide Importance, Unique Farmland, or Farmland of Local Importance to nopagricultural use nor conflict with existing General Plan policies related to agricultural land because proposed components would occur within existing drainage channels or involve rehabilitation/replacement of existing drainage facilities and would not affect agricultural land resources or activities. Additionally, the proposed DMP Update components would not conflict with a Williamson Act Contract or zoning for agricultural use because no components of the DMP Update are proposed within Williamson Act contract lands or areas zoned for agricultural use. Therefore, program level impacts associated with agricultural resources would be less than significant. Tables 4.2-2 and 4.2-3 of the Final EIR provide a detailed analysis of impacts to agricultural resources. 2.2.2 Operation and Maintenance Finding: Implementation of proposed operation and maintenance activities would not result in program level impacts to agricultural resources associated with the Significance Criteria discussed in Section 4.2.2 of the Final EIR and restated above in Section 2.2.2. Facts in Support: Proposed operation and maintenance activities would not result in the conversion of designated Important Farmland or the conversion of existing agricultural uses to nonagricultural uses because operation and maintenance activities would be conducted primarily within existing drainage facilities and would not involve the construction of new structures on existing agricultural land or Important Farmlands Likewise, proposed operation and maintenance activities would not adversely affect areas currently zoned for agricultural use or under a Williamson Act contract. Therefore, potential impacts to agricultural resources from operation and maintenance activities would be less than significant. 2.2.3 Project Level Finding: Implementation of proposed project components B and BN would not result in impacts to agricultural resources associated with the Significance Criteria discussed in Section 4.2.2 of the Final EIR and restated above in Section 2.2.2. Facts in Support: Proposed project components B and BN would not result in impacts to agricultural resources because none of the land within the project component boundaries is designated as Important Farmland. Likewise, none of the land within the project limits is zoned for agricultural use or included in a Williamson Act contract. Therefore, project level PLDA and CEQA Findings of Fact 14 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact non-PLDA components would not adversely affect agricultural activities or resources, or conflict with General Plan policies related to agricultural land use. Potential impacts would be less than significant. 2.3 VISUAL RESOURCES 2.3.1 Program Level Finding: Implementation of the DMP Update would not result in program level impacts to visual resources associated with the Significance Criteria discussed in Section 4.3.2 of the Final EIR. Specifically, the DMP Update components would not: • substantially degrade the existing visual character or quality of the site and its surroundings; or • create a new source of substantial light and glare, which would adversely affect daytime or nighttime views in the area. Facts in Support: Proposed DMP Update components would not substantially degrade the visual character of the city because proposed DMP Update components primarily involve construction, replacement, and improvement of existing facilities within drainages located at or below grade within or adjacent to existing road right-of-way or in developed/disturbed areas. The DMP Update would not significantly change the existing quality of the overall visual character of the city. Additionally, design features/methods and construction measures have been incorporated into the project design that result in the avoidance of potential visual impacts. These measures are discussed in Section 2.1 above and detailed in Table 3-6 of the Final EIR. For example, proposed bridge structure modification and replacement (e.g., PLDA component Cl) and potential staging areas and access roads during construction activities for some project components (e.g., PLDA components AFA, AFB, BQ, C, and DH) would involve activities within visible areas. These areas are required to be relandscaped to preconstruction conditions (to the extent feasible) after project completion. Therefore, program level impacts relating to the substantial degradation of existing visual character or quality would be less than significant. Proposed DMP Update components would not create a new source of substantial light or glare because design features/methods and construction measures incorporated into the project design require that nighttime construction lighting be shielded or directed away from residential areas. Additionally, there are no permanent lighting features or reflective materials proposed by the DMP Update that would create a new permanent source of light or glare. Therefore, program level impacts resulting from new sources of substantial light and glare would be less than significant. 2.3.2 Operation and Maintenance Finding: Implementation of proposed operation and maintenance activities would not result in impacts to visual resources associated with the Significance Criteria discussed in Section 4.3.2 of the Final EIR and restated above in Section 2.3.1. CEQA Findings of Fact 15 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact Facts in Support: Proposed operation and maintenance activities would not substantially degrade the existing visual character of the site or create a new source of substantial light and glare because operation and maintenance activities would be periodic and temporary and would be restricted to existing facilities and maintenance of the drainage purposes of those facilities. If construction were required during maintenance of a specific facility, visual impacts from construction activity would be periodic and temporary, and staging areas and equipment storage would be located in existing right-of-way or other disturbed/developed areas. Therefore, potential impacts to visual resources from operation and maintenance activities would be less than significant. 2.3.3 Project Level Finding: Implementation of proposed project components B and BN would not result in impacts to visual resources associated with the Significance Criteria discussed in section 4.3.2 of the Final EIR and restated above in Section 2.3.1. Facts in Support: Proposed PLDA project components B and BN include dredging and improvements in Agua Hedionda and Calavera creeks. These components would not significantly degrade the existing visual character or quality because the visibility of the proposed staging area would be a temporary impact to the existing visual character. No other activities associated with the PLDA project components are expected to affect the scenic quality of the area. Adopted project design measures as discussed in Section 2.1 above and detailed in Table 3-6 of the Final EIR require relandscaping of areas where vegetation would be removed. Overall, the improvements to Agua Hedionda and Calavera creeks are anticipated to provide an overall visual enhancement. Therefore, project level impacts to visual resources associated with PLDA project components B and BN would be less than significant. Proposed PLDA project components B and BN would not create any new source of substantial light and glare because dredging and construction activities would occur during daylight hours and neither project component would result in the construction of any permanent source of light or glare. Therefore, project level impacts resulting from new sources of substantial light and glare would be less than significant. Proposed non-PLDA project components B and BN include long-term channel maintenance in Aqua Hedionda and Calavera creeks. These components would not significantly degrade the existing visual character or quality because activities associated with channel maintenance would occur periodically within existing drainage channels. If necessary, construction staging and storage areas would be located in existing right-of-way or disturbed areas. Therefore, project level impacts to visual resources associated with non-PLDA project components B and BN would be less than significant. Proposed non-PLDA project components B and BN would not create any new source of substantial light and glare because long-term maintenance activities would occur during daylight hours and would not require the construction of a new permanent lighting source or utilize reflective materials. Therefore, project level impacts resulting from new sources of substantial light and glare would be less than significant. CEQA Findings of Fact 16 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact 2.4 TRANSPORTATION/CIRCULATION 2.4.1 Program Level Finding: Implementation of the DMP Update would not result in program level transportation/circulation impacts associated with the Significance Criteria discussed in Section 4.4.2 ofthe Final EIR. Specifically, the DMP Update components would not: • cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections); • exceed, either individually or cumulatively, a level of service (LOS) standard established by the County congestion management agency and the City's Growth Management Program for designated roads or highways; • result in inadequate emergency access; or • result in insufficient parking capacity. Facts in Support: Proposed DMP Update components would not increase traffic in relation to the existing traffic load and street system capacity because the nature of the drainage improvements proposed as part of the PLDA component would not generate traffic. Where construction of the PLDA components could result in short-term traffic impacts due to the installation or replacement of facilities within existing roadways, standard construction practices and implementation of the required traffic control measures in the traffic control plans would avoid traffic-related impacts due to lane closures. Therefore, program level impacts relating to increased traffic would be less than significant. Proposed DMP Update components would not exceed LOS standards. Although PLDA projects could result in the generation of increased truck traffic during construction, the traffic is not expected to exceed 200 peak hour trips per day or increase traffic on roadways to a level that would degrade LOS at intersections or on roadway segments. DMP Update components would not generate traffic in the long term; therefore, LOS for city streets would not be adversely affected. Therefore, program level impacts relating to increased LOS would be less than significant. Proposed DMP Update components would not result in safety hazards from inadequate emergency access because a detailed traffic control plan would be prepared for the construction of both PLDA and non-PLDA projects during project specific environmental review. The traffic control plan would include signage and flaggers, and other warning devices to allow heavy equipment on roadways, and would provide adequate measures to ensure public safety of motorists and pedestrians located near proposed construction areas. Through implementation of these measures, potential program level impacts associated with emergency access would be less than significant. CEQA Findings of Fact 17 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact 2.4.2 Operation and Maintenance Finding: Implementation of proposed operation and maintenance activities would not result in transportation/circulation impacts associated with the Significance Criteria discussed in Section 4.4.2 of the Final EIR and restated above in Section 2.4.1. Facts in Support: Proposed DMP Update components would not result in traffic, access, or parking impacts because operation and maintenance activities would not take place directly in roadways or interfere with normal circulation. To avoid potential impacts resulting from roadway, bridge, and culvert maintenance, the traffic control measures discussed above would be implemented. Operation and maintenance activities would not generate traffic or adversely affect transportation/circulation in the long term. Therefore, traffic impacts associated with operation and maintenance activities would be less than significant. 2.4.3 Project Level Finding: Implementation of proposed project components B and BN would not result in transportation/circulation impacts associated with the Significance Criteria discussed in Section 4.4.2 ofthe Final EIR and restated above in Section 2.4.1. Facts in Support: Project components B and BN would not result in an increase in traffic because ingress and egress ofPLDA and non-PLDA project construction traffic would be subject to a traffic control plan, including measures such as notices, signage, flaggers, and other warning devices to control heavy equipment traffic and direct pedestrians to safe crossings. Details of these project design measures are found in Table 3-6 of the Final EIR. Should the City select to dispose of dredge material at an off-site location, as described as Option 2 in Section 3.4.3 of the Final EIR, the project would require a City Haul Route Permit and haul routes would be consistent with the City's approved truck haul route map. Project components Band BN would not generate traffic or adversely affect transportation/circulation in the long term. Therefore, project level traffic impacts would be less than significant. Project components B and BN would not exceed any LOS standards because trip generation for removal of channel spoils is estimated to average 60 average daily trips. This number of trips would not result in a substantial increase in local traffic, or substantial degradation of segment or intersection LOS. Therefore, project level impacts associated with a decrease in roadway or road segment LOS would be less than significant. Project components B and BN would not interfere with emergency access measures because emergency access to and from the Rancho Carlsbad community and surrounding land uses would be maintained during construction of PLDA components B and BN. Likewise, traffic control measures discussed above would be required during construction activity. Therefore, project level impacts associated with emergency access would be less than significant. CEQA Findings of Fact 18 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact 2.5 NOISE (PROJECT LEVEL) Finding: Implementation of proposed project components B and BN would not result in noise impacts associated with the Significance Criteria discussed in Section 4.6.2 of the Final EIR. Specifically, the DMP Update components would not: • expose persons within 50 feet of the project to generation of groundborne vibration in excess of0.2 inches per second (in/sec) peak particle velocity (ppv); • result in increased nighttime ambient noise levels; • result in noise levels of more than 75 dBA (A-weighted decibels) equivalent noise level (Leq) (or above ambient levels, if above 75 dBA Leq) over a period of more than 3 consecutive days; or • expose people residing or working in the project area to excessive noise levels (for a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport). Facts in Support: PLDA project components Band BN would not expose people within 50 feet of the project to groundbourne vibration because temporary construction-related vibration at the nearest receptors would be anticipated to be less than 0.06 in/sec ppv and would likely be less than the level of perception. Groundbourne vibration caused by non-PLDA components is anticipated to be even less. Therefore, project level impacts associated with groundbourne vibration would be temporary and less than significant. Both PLDA and non-PLDA project components B and BN would not result in increased nighttime ambient noise levels because temporary construction activities would only occur during daylight hours, as permitted by the City's noise ordinance. Therefore, project level impacts associated with nighttime noise levels would be less than significant. PLDA project components Band BN would not result in noise levels of more than 75 dBA Leq over a period of more than 3 consecutive days. Although short-term noise levels at homes within 50 feet of construction would exceed 75 dBA, and 1-hour average noise levels would be likely to exceed 75 dBA, the duration of this activity at any residence is anticipated to generally be less than 3 consecutive days. Exposure to vibrations for non-PLDA project components B and BN is anticipated to be less than significant. Therefore, project level impacts associated with noise exposure over 75 dBA would be temporary and less than significant. 2.6 AIR QUALITY 2.6.1 Program Level Finding: Implementation of the DMP Update would not result in program level impacts to air quality associated with the Significance Criteria discussed in Section 4.4.2 of the Final EIR. Specifically, the DMP Update components would not: CEQA Findings of Fact 19 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact • conflict with or obstruct implementation of the Regional Air Quality Strategy (RAQS); • violate the National Ambient Air Quality Standards (NAAQS) or California Ambient Air Quality Standards (CAAQS) or contribute substantially to an existing or projected air quality violation; • violate thresholds established by the U.S. Environmental Protection Agency (USEPA), as shown in Table 4.5-5 ofthe Final EIR; • result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in nonattainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors); • expose sensitive receptors to substantial pollutant concentrations; or • expose sensitive receptors to objectionable odors for more than a 1-week period. Facts in Support: The DMP Update components would not result in gaseous or particulate emissions that conflict with or violate a national or state air quality standard or threshold because implementation of standard design and construction practices as described in Table 3-6 of the Final EIR would require pollution control measures during construction. These measures include water and dust control agents would be applied to active grading areas, unpaved surfaces, and dirt stockpiles to prevent or suppress airborne particulates; trucks and equipment would not idle for more than 15 minutes when not in service; and air filters and other pollution control devices on construction equipment would be properly operated and maintained. Through these measures temporary impacts associated with violations of air quality standards would be less than significant. The DMP Update components would not result in exposure to objectionable odors because the release of odor from wet sediments or from paving activities would dissipate relatively rapidly and would not be anticipated to be noticeable for more than I week. Therefore, temporary program level impacts associated with objectionable odors would be less than significant. 2.6.2 Operation and Maintenance Finding: Implementation of proposed operation and maintenance activities to air quality associated with the DMP Update would not result in impacts associated with the Significance Criteria discussed in Section 4.5.2 ofthe Final EIR and restated above in Section 2.6.1. Facts in Support: Proposed operation and maintenance activities of the DMP Update components would not result in gaseous or particulate emissions that conflict with or violate a national or state air quality standard or threshold because operation and maintenance of both PLDA and non-PLDA components require use of standard design and construction practices as described above and detailed in Table 3-6 of the Final EIR. Through implementation of these project CEQA Findings of Fact 20 January 16, 2008 EJR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact design features/methods and construction practices, air quality impacts associated with operation and maintenance activities would be less than significant. 2.6.3 Project Level Finding: Implementation of project components B and BN would not result in impacts associated with the Significance Criteria discussed in Section 4.5.2 of the Final EIR and restated above in Section 2.6.1. Facts in Support: Project components B and BN would not result in gaseous or particulate emissions that conflict with existing attainment and maintenance plans, violate air quality standards, or make a considerable contribution to the existing regional pollutant concentrations because estimated air emissions resulting from implementation of PLDA project components B and· BN were modeled and calculated using the general assumption that 30,000 cubic yards of dredged and excavated materials would be hauled off-site .and project construction would last 4 to 6 months. The conclusion reached was that estimated project emissions would be less than the threshold values used for assessment of conformity of federal projects to the state air quality plans (details of the modeling and calculations are included in Section 4.5.3.3 ofthe Final EIR). Therefore, project level impacts resulting from air quality emissions would be less than significant. PLDA project components B and BN would not result in exposure to objectionable odors for more than a 1-week period. Although there would be a potential for odor emissions from the dredging and removal of wet sediments from the creek channels, this would be limited to the time required to remove the odorous materials or for the odor emissions to be minimized by drying of the materials and would not last more than 1 week. Therefore, project level impacts associated with objectionable odors would be less than significant. Non-PLDA project components B and BN would not result in air quality impacts because the intensity and duration of long-term maintenance activities would be less, and emissions would be less than calculated for the PLDA construction activities. Therefore, potential project level air quality impacts associated with non-PLDA components B and BN would be less than significant. 2. 7 RECREATION 2.7.1 Program Level Finding: Implementation of the DMP Update would not result in program level impacts to recreation associated with the Significance Criteria discussed in Section 4. 7.2 of the Final EIR. Specifically, the DMP Update components would not: • result in adverse impacts to recreational opportunities in the city. Facts in Support: The DMP Update components would not result in adverse impacts to recreational opportunities in the city because the project does not involve construction of or improvements to existing or proposed recreational facilities. Existing neighborhood and regional CEQA Findings of Fact 21 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact parks or other recreational facilities would not be affected by the DMP Update. There could be temporary impacts on recreational uses within open space and parks during construction of DMP Update components; however, these potential impacts would be short term, and alternative recreational facilities within the city would remain available for use. Therefore, program level impacts to recreational opportunities within the city would be less than significant. 2. 7.2 Operation and Maintenance Finding: Implementation of proposed operation and maintenance activities would not result in impacts to recreation associated with the Significance Criteria discussed in Section 4.7.2 of the Final EIR and restated above in Section 2. 7 .1. Facts in Support: Implementation of proposed operation and maintenance activities associated with the DMP Update would not result in adverse impacts to recreational opportunities in the city because these activities would not involve the construction of recreational components or improvements to existing or proposed recreational facilities. Existing neighborhood and regional parks or other recreational facilities would not be affected. There could be temporary impacts on recreational uses within open space and parks during operation and maintenance activities; however, these potential impacts would be short term, and alternative recreational facilities within the city would remain available for use. Therefore, recreational impacts associated with operation and maintenance activities would be less than significant. 2.7.3 Project Level Finding: Implementation of proposed project components B and BN would not result in impacts associated with the Significance Criteria discussed in Section 4.7.2 of the Final EIR and restated above in Section 2. 7 .1. Facts in Support: Implementation of project components B and BN would not result in adverse recreational opportunities in the city because neither PLDA nor non-PLDA components parts would involve the construction or expansion of recreational facilities. Further, Use of existing recreation facilities within the Rancho Carlsbad residential community would not be impacted by implementation of either component B or BN. Therefore, project level recreational impacts would be less than significant. 2.8 GEOLOGY/SOILS 2.8.1 Program Level Finding: Implementation of the DMP Update would not result in program level impacts to geology/soils associated with the Significance Criteria discussed in Section 4.8.2 of the Final EIR. Specifically, the DMP Update components would not: • expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: CEQA Findings of Fact 22 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact o rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault, o strong seismic ground shaking, o seismic-related ground failure, including liquefaction, or o landslides; • result in substantial soil erosion or the loss of topsoil; • be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse; or • be located on expansive soils, as defined in the 1997 Uniform Building Code, creating substantial risks to life or property; or • result in the loss of availability of a locally important mineral resource. Facts in Support: The DMP Update components would not result in the exposure of people or structures to seismic, fault-related hazards, liquefaction, or landslides because, although the proposed DMP Update components may potentially be subject to local seismic activity, geotechnical investigations would be required prior to design of each component to identify issues related to faults and seismic hazards and to develop appropriate design features to address potential issues. Additionally, the City of Carlsbad Building Code and the Uniform Building Code require project design measures be incorporated into project component design to minimize the threat of such damage. Therefore, program level impacts associated with fault and seismic activity would be less than significant. The DMP Update components would not result in impacts due to unstable or expansive soils. Although construction activity of components could result in potential hazards resulting from expansive or unstable soils and rock conditions, a geotechnical investigation would be required prior to the commencement of individual projects involving excavation, grading, or construction of new structures. Likewise, the DMP Update components would not result in impacts from substantial soil erosion because all construction would be performed in accordance with the requirements of the City's Grading Ordinance, which requires the control of erosion during construction and the stabilization of all disturbed surfaces upon completion of construction. Therefore, program level impacts associated with expansive and unstable soil or soil erosion would be less than significant. The DMP Update components would not result in the loss of availability of a locally important mineral resource because extraction of mineral resources is not proposed as part of the project. Therefore, no program level impacts related to the loss of availability of a locally important CEQA Findings of Fact 23 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact mineral resource recovery site are anticipated from implementation of proposed DMP Update project components. 2.8.2 Operation and Maintenance Finding: Implementation of proposed operation and maintenance activities would not result in impacts to geology/soils associated with the Significance Criteria discussed in Section 4.8.2 of the Final EIR and restated above in Section 2.8.1. Facts in Support: Implementation of proposed operation and maintenance activities associated with the DMP Update would not result in impacts to soils or seismic activity because site- specific geotechnical analysis would be conducted for proposed PLDA and non-PLDA components and site-specific remediation measures would be incorporated into facility project design. Therefore, impacts to soils or seismic activity from operation and maintenance activities would be less than significant. Implementation of proposed operation and maintenance activities associated with the DMP Update would not result in impacts from substantial soil erosion. Although some operation and maintenance activities within natural channels could lead to damage from accelerated erosion, all operation and maintenance would be performed in accordance with the requirements of the City's Grading Ordinance, which requires the control of erosion during construction and the stabilization of all disturbed surfaces upon completion of construction. Due to conformance with the City's ordinance, erosion-related impacts from operation and maintenance activities would be less than significant. 2.8.3 Project Level Finding: Implementation of proposed project components B and BN would not result in impacts to geology/soils associated with the Significance Criteria discussed in Section 4.8.2 of the Final EIR and restated above in Section 2.8.1. Facts in Support: Implementation of both PLDA and non-PLDA proposed project components B and BN would not expose people or structures to geologic hazards because a geotechnical evaluation found no evidence of faulting within the project limits. Although the project area could experience seismic activity, the requirements of the City Building Code and the 2001 Uniform Building Code would be implemented as part of project level design to minimize the threat of construction damage associated with seismic activity. Therefore, project level impacts associated with geologic hazards would be less than significant. Implementation of both PLDA and non-PLDA proposed project components B and BN would not result in impacts due to erosion or unstable or expansive soils. Although the project would involve bank and channel excavation and installation of drop structures, drains, and an access road where expansive soils potentially occur, design of the project components would incorporate Best Management Practices (BMPs) and erosion-prevention measures to address issues related to expansive soils and stabilize the banks of the creeks. These BMPs are detailed CEQA Findings of Fact 24 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact in Section 4.8.3.3 ofthe Final EIR. Through implementation of the BMPs, project level impacts associated with erosion or unstable or expansive soils would be less than significant. Implementation of both PLDA and non-PLDA project components B and BN would not result in the loss of availability of a locally important mineral resource because the projects do not include extraction of mineral resources. Additionally, no mineral resources recovery sites are designated within the city, and no impacts related to loss of availability of a locally important mineral resource recovery site are anticipated. 2.9 HYDROLOGY/WATER QUALITY 2.9.1 Program Level Finding: Implementation of the DMP Update would not result in program level impacts to hydrology/water quality associated with the Significance Criteria discussed in Section 4.9.2 of the Final EIR. Specifically, the DMP Update components would not: • violate federal, state, or local water quality standards or waste discharge requirements; • alter the existing drainage pattern of flow of the area, including through the alteration of the course of a stream or river, in a manner that would result in adverse impacts from erosion, siltation, or flooding on-or off-site; • create or contribute runoff water that would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff; • otherwise adversely impact water quality; • place housing or other structures within a 1 00-year flood hazard area as mapped on a Federal Flood Hazard Boundary or FIRM or other flood delineation map, that would impede or redirect flows; or • expose people or structures to a significant risk of loss, InJUry, or death involving flooding. Facts in Support: The DMP Update components would not result in violations of water quality standards or waste discharge requirements, create or contribute an exceedance of storm water runoff, or adversely impact water quality. Although temporary impacts could occur during construction activities, a Storm Water Pollution Prevention Plan (SWPPP), as required by the State Water Resources Control Board, will be prepared for project components resulting in soil disturbance greater than or equal to 1 acre. The SWPPP will identify BMPs that will help reduce impacts related to construction activities and postconstruction activities on storm water quality. Details of proposed BMPs are included as project design measures in Table 3.6 and Section 4.9.3.1 of the Final EIR. In addition, under the San Diego County Municipal Permit, compliance with the City's storm water management requirements includes preparation of a Water Quality Technical Report (WQTR), which would minimize any impact of proposed projects on storm CEQA Findings of Fact 25 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact water quality, regardless of project size. Through implementation of the BMPs identified in the storm water management documents, program level impacts associated with hydrology/water quality will be less than significant. 2.9.2 Operation and Maintenance Finding: Implementation of proposed operation and maintenance activities would not result in impacts to hydrology/water quality associated with the Significance Criteria discussed in Section 4.9.2 ofthe Final EIR and restated above in Section 2.9.1. Facts in Support: Implementation of proposed operation and maintenance activities associated with the DMP Update would not result in violations of water quality standards or waste discharge requirements; create or contribute an exceedance of storm water runoff; or adversely impact water quality because the spill contingency plan and construction measures, including a SWPPP or WQTR, as appropriate, are identified as project design measures in Table 3-6 of the Final EIR. Through implementation of the project design measures, including enforcement of BMPs identified in the storm water management documents, hydrology/water quality impacts associated with operation and maintenance activities will be less than significant. 2.9.3 Project Level Finding: Implementation of proposed project components B and BN would not result in impacts to hydrology/water quality associated with the Significance Criteria discussed in Section 4.9.2 of the Final EIR and restated above in Section 2.9.1. Facts in Support: Implementation of proposed project components B and BN would not result in violations of water quality standards or waste discharge requirements, create or contribute an exceedance of storm water runoff, or adversely impact water quality. Although the projects propose dredging and construction activities that could potentially degrade water quality in the creeks, project components B and BN would be required to incorporate BMPs into the project design, which would be part of the required SWPPP, as specified in Table 3-6 of the Final EIR. Implementation of the SWPPP would avoid potential impacts. Therefore, project level hydrology/water quality impacts would be less than significant. 2.10 CULTURAL RESOURCES (PROJECT LEVEL) Finding: Implementation of proposed project components B and BN would not result in impacts to cultural resources associated with the Significance Criteria discussed in Section 4.11.2 of the Final EIR. Specifically, project components Band BN would not: • cause a substantial adverse change in the significance of a historical or archaeological resource as defined in Section 15064.5; or • disturb any human remains, including those interred outside of formal cemeteries. CEQA Findings ofF act 26 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact Facts in Support: Implementation of both PLDA and non-PLDA components B and BN would not result in impacts to cultural resources because no cultural resources were identified during the archival research or field survey within the proposed project areas. Implementation of PLDA and non-PLDA components of proposed project components B and BN would not result in the disturbance of human remains. Although the potential exists for buried cultural deposits in areas adjacent to creek and river beds, none are expected to be encountered during ground-disturbing activities associated with the dredging of Agua Hedionda and Calavera creeks due to the level of previous disturbance in the area. Therefore, project level impacts to cultural resources would be less than significant. 2.11 PALEONTOLOGICAL RESOURCES (PROJECT LEVEL) Finding: Implementation of proposed project components B and BN would not result in impacts to paleontological resources associated with the Significance Criteria discussed in Section 4.12.2 of the Final EIR. Specifically, project components Band BN would not: • directly or indirectly destroy an identified sensitive paleontological resource or site or an identified sensitive geologic feature. Facts in Support: Implementation ofboth PLDA and non-PLDA components of proposed project components B and BN would not result in impacts to paleontological resources because the proposed project boundary for project components B and BN is located on Quaternary alluvial deposits, which have a low to moderate potential to contain paleontological resources. Additionally, the creeks were previously dredged and channelized during construction of the Rancho Carlsbad residential community, as well as during subsequent emergency dredging. Therefore, paleontological resources would not likely be destroyed as a result of conducting the proposed dredging and improvements, and project level impacts would be less than significant. 2.12 CUMULATIVE (PROGRAM AND PROJECT LEVEL) 2.12.1 Land Use Finding: Implementation of the DMP Update would not result in program or project level cumulative impacts to land use. Facts in Support: Implementation of the DMP Update would not result in significant land use impacts. It is assumed that future development in the city would occur in a manner consistent with the City's General Plan, Growth Management Plan, and other land use planning documents and regulations. However, implementation ofthe DMP Update would not alter planned land use conditions in the city beyond what is envisioned in the General Plan. Therefore, the DMP Update would not contribute to climulative land use impacts in Carlsbad. 2.12.2 Agricultural Resources Finding: Implementation of the DMP Update would not result in program or project level cumulative impacts to agricultural resources. CEQA Findings of Fact 27 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact Facts in Support: Implementation of the proposed DMP Update components would not result in significant agricultural resource impacts. The proposed DMP Update components would not involve the conversion of Important Farmlands or existing agricultural uses to nonagricultural uses and would not conflict with any Williamson Act contracts in the City. Therefore the DMP Update would not contribute to cumulative agricultural resource impacts. 2.12.3 Visual Resources Finding: Implementation of the DMP Update would not result in program or project level cumulative impacts to visual resources. Facts in Support: Implementation of the proposed DMP Update components would not result in significant impacts to visual resources. Many proposed components are located at or below grade within or adjacent to the existing road right of way or in developed/disturbed areas. Visual impacts during construction would be short-term and no permanent lighting would be necessary. For this reason, the DMP Update would not contribute to cumulative impacts to visual resources. 2.12.4 Transportation/Circulation Finding: Implementation of the DMP Update would not result in program or project level cumulative impacts to transportation/circulation. Facts in Support: Implementation of the proposed DMP Update components would not result in impacts to transportation/circulation. Although project components could generate potential cumulative short-term construction-related impacts, these would be minimized or avoided through coordination and implementation of traffic control plans and encroachment permit requirements at the time of construction. Through these measures, the DMP Update would not cumulatively contribute to significant transportation/circulation impacts. 2.12.5 Noise Finding: Implementation of the DMP Update would not result in program or project level cumulative noise impacts. Facts in Support: Implementation of the proposed DMP Update components would not result in significant noise impacts. DMP Update components have the potential to generate short-term noise impacts during construction and maintenance activities; however, the components would not result in any long-term noise impacts. Potential localized impacts due to construction noise are mitigated to a level of insignificant through required component compliance with standards regarding acceptable levels of vibration caused by construction equipment and noise when construction is within a specified distance of a sensitive receptor. Therefore, the DMP Update would not result in a significant contribution to cumulative noise impacts. 2.12.6 Air Quality Finding: Implementation of the DMP Update would not result in program or project level cumulative air quality impacts. CEQA Findings of Fact 28 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact Facts in Support: Implementation of the proposed DMP Update components would not result in significant impacts to air quality. Temporary emissions generated from construction equipment and fugitive dust during construction activities would be minimized by incorporation of the dust control and construction emission control features included in Table 3-6 of the Final EIR. Therefore, the DMP Update components would not result in a significant contribution to cumulative air quality impacts. 2.12.7 Recreation Finding: Implementation of the DMP Update would not result in program or project level cumulative impacts to recreational resources. Facts in Support: Implementation of the proposed DMP Update components would not result in significant impacts to recreation. Impacts to existing facilities could be experienced during component construction, but these impacts would be short term and alternative recreation facilities within Carlsbad would remain available for use. Therefore, the DMP Update would not contribute to cumulative impacts to recreation. 2.12.8 Geology/Soils Finding: Implementation of the DMP Update would not result in program or project level cumulative impacts to geology/soils. Facts in Support: Implementation of the proposed DMP Update components would not result in significant impacts to geology/soils. Geologic conditions in the region would essentially remain the same regardless of implementation of the DMP Update, and geotechnical investigations would be required prior to project construction. Therefore, the DMP Update would not contribute to cumulative impacts related to geology/soils. 2.12.9 Hydrology/Water Quality Finding: Implementation of the DMP Update would not result in program or project level cumulative impacts to hydrology/water quality. Facts in Support: Implementation of the proposed DMP Update components would not result in significant hydrology/water quality impacts. The DMP Update would not substantially increase the amount of impervious surfaces and would serve to improve overall flood control and storm water conveyance in the City; components would also be required to comply with various water quality control measures such as those outlined in Table 3-6 of the Final EIR. Therefore, the project would not significantly contribute to cumulative hydrology/water quality impacts. 2.12.10 Cultural Resources Finding: Implementation of the DMP Update would not result in program or project level cumulative impacts to cultural resources. CEQA Findings of Fact 29 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact Facts in Support: Implementation of the proposed DMP Update components would not result in significant impacts to cultural resources based on the mitigation measures recommended in Section 4.11 of the Final EIR. Further, project level components B and BN are not anticipated to impact cultural resources. Therefore, the project would not result in a considerable contribution to significant cumulative cultural resource impacts. 2.12.11 Paleontological Resources Finding: Implementation of the DMP Update would not result in program or project level cumulative impacts to paleontological resources. Facts in Support: Implementation of the proposed DMP Update components would not result in significant impacts to paleontological resources based on the mitigation measures recommended in Section 4.12 of the Final EIR. Further, project level components B and BN are not anticipated to impact paleontological resources. Therefore, the project would not result in a considerable contribution to a significant cumulative paleontological resource impact. 3.0 FINDINGS REGARDING ENVIRONMENTAL IMPACTS DETERMINED TO BE MITIGATED TO A LEVEL OF LESS THAN SIGNIFICANT The Final EIR identifies certain mitigation measures that have been incorporated, in all substantive respects, into the MMRP for the DMP Update. The City, as Lead Agency, will incorporate the MMRP into the conditions of approval of the DMP Update. The City finds, pursuant to CEQA Section 2108l(a)(l)-(2) and CEQA Guidelines Section 1509l(a)(l)-(2), that changes or alterations have been required in, or incorporated into, the Project, which would avoid or substantially lessen the potentially significant effects in the following environmental categories: (1) noise; (project level); (2) biological resources (program and project level); (3) cultural resources (program level); and, (4) paleontological resources (program level). The City finds that the potentially significant effects in the environmental categories specified above have been mitigated to a level that is less than significant after implementation of mitigation measures identified in the Final EIR and incorporated into the MMRP. The impacts, which have been reduced to a less than significant level with mitigation, together with the basis for such determination, are set forth below. 3.1 NOISE (PROGRAM LEVEL) 3.1.1 Potentially Significant Impacts The DMP Update has the potential to result in the following potentially significant program level noise impacts: • There would be a potentially significant noise impact if a proposed DMP Update component would require the use of heavy construction equipment, generating noise of 75 dBA or greater within 50 feet of a sensitive receptor for a period of longer than 3 days, CEQA Findings of Fact 30 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact or if a proposed DMP Update project component would require work to be done after sunset or before 7:00a.m., excluding holidays. (Noise-1) • There would be a potentially significant vibration impact if a proposed DMP Update component would require the use of pile drivers, generating a vibration of 0.2 in/sec or greater at a sensitive receptor. (Noise-2) Operation and maintenance activities identified in the DMP Update have the potential to result in potentially significant noise impact Noise-1, stated above. 3.1.2 Finding Mitigation measures have been identified in the Final EIR that mitigate or avoid potentially significant program level noise impacts resulting from implementation of the DMP Update. 3.1.3 Mitigation Measures The Final EIR found that the above potentially significant effects relating to program level noise impacts would be mitigated to a level of less than significant through implementation of the following mitigation measures: Noise-1 Noise-2 If a proposed project component would require the use of construction equipment that may generate noise of 75 dBA or greater within 50 feet of a sensitive receptor for a period of longer than 3 days, or would require work to be done between sunset and 7:00 a.m., as permitted by Municipal Code Section 8.48.020, preparation and implementation of a project level noise evaluation shall be required. The evaluation shall assess potential noise levels and require the implementation of appropriate noise attenuation measures to reduce potential noise impacts to less than 75 dBA Leq during the daytime or to 60 dBA Leq at nighttime. The noise evaluation shall consider the use of temporary noise walls, noise blankets, noise-reducing enclosures for individual pieces of equipment, and engines with special mufflers as potential noise attenuation measures. Monitoring shall be required to demonstrate the effectiveness of the project-specific measures to reduce noise levels to this limit. If monitoring results indicate that the measures are not reducing noise to acceptable levels, work will cease until further environmental analysis is performed that recommends additional noise attenuation measures. For emergency projects as defined in Municipal Code Section 8.48.020(A), the requirement for evaluation, monitoring, and potential additional mitigation measures shall be performed if determined feasible by the City Engineer. If a proposed project component would require the use of pile drivers, preparation and implementation of a project level vibration evaluation shall be required. The evaluation shall consider the potential vibration levels associated with project construction at the nearest structure locations. The analysis shall demonstrate that CEQA Findings of Fact 31 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact vibration levels at those structures remain below 0.2 in/sec, or a different construction technique resulting in vibration less than 0.2 in/sec shall be required. 3.1.4 Facts in Support Implementation of Mitigation Measure Noise-1 will reduce potentially significant noise impacts associated with the use of heavy construction equipment because preconstruction noise assessments will verify that appropriate noise attenuation measures are tailored for each DMP Update project component to reduce potential significant impacts to less than significant. Implementation of Mitigation Measure Noise-2 will reduce potentially significant noise impacts associated with vibration impacts because preconstruction vibration evaluations will verify that appropriate measures are tailored for each DMP Update project component to reduce potential significant impacts to less than significant. Implementation of Mitigation Measures Noise-1 and Nosie-2 will reduce potentially significant noise impacts to a level of less than significant. 3.2 BIOLOGICAL RESOURCES (PROGRAM AND PROJECT LEVEL) 3.2.1 Potentially Significant Impacts (Program Level) The DMP Update and operation and maintenance activities have the potential to result in the following potentially significant program level and cumulative biological resource impacts: • Per the City's HMP, implementation of proposed DMP Update components could result in long-term impacts if sensitive species or habitats are permanently destroyed or degraded. This would also result in a cumulative impact to biological resources. (Bio-I) • Long-term or permanent impacts could result from loss of sensitive habitats within the Coastal Zone. This would contribute to the regional loss of sensitive habitats, resulting in a cumulative impact. (Bio-2) • The loss of state and/or federally listed plant species is considered a significant impact. The loss of sensitive plant species at a regional level would contribute to a cumulative impact. (Bio-3) • Drainage facility improvements that result in substantial vegetation clearing or impede wildlife movement within Core Areas and linkages would result in a significant impact. (Bio-4) 3.2.2 Finding Mitigation measures have been identified in the Final EIR that mitigate or avoid potentially significant program level and cumulative impacts to biological resources resulting from implementation of the DMP Update. 3.2.3 Mitigation Measures CEQA Findings of Fact 32 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact The Final EIR found that the above significant effects relating to biological impacts would be mitigated to a level considered less than significant through implementation of the following mitigation measures. Implementation of Mitigation Measures Bio 1-a through Bio 1-d would be required for DMP Update components that would impact sensitive HMP habitats and would reduce direct and cumulative impacts to below a level of significance. Note that the descriptions of Type A through F habitats are per Table 11 of the City's HMP. Avoidance and on-site mitigation are the priority. Future project level environmental review for DMP Update components that would impact biological resources would be provided to the Wildlife Agencies for review to verify consistency with the City's HMP. Bio-la Bio-1 b Bio-lc Bio-ld Bio-le For impacts to Type A habitats (coastal salt marsh, alkali marsh, freshwater marsh, estuarine, salt pan/mudflats, riparian forest, riparian woodland, riparian scrub, disturbed wetlands, flood channel, fresh water, Engelmann oak woodland, coast live oak woodland) a goal of no net loss of habitat value or function shall be met. Habitat replacement ratios and the specific location of mitigation lands shall be determined in consultation with the USFWS, USACE, and CDFG as appropriate in accordance with the requirements of the federal Clean Water Act (CW A), federal wetland policies, and the California Fish and Game Code. All mitigation lands for impacts to riparian and wetland habitats shall be in the City or Multiple Habitat Conservation Program (MHCP) plan area, at a ratio to be determined by the applicable Resource Agencies at the time of project permitting. Impacts to Type B habitats (beach, southern coastal bluff scrub, maritime succulent scrub, southern maritime chaparral, and native grass) shall be mitigated at a 3: 1 ratio, or at an appropriate ratio based on habitat quality and quantity as determined in coordination with the applicable Resource Agencies at the time of project permitting. Impacts to Type C habitats (California gnatcatcher-occupied coastal sage scrub) shall be mitigated at a 2:1 ratio, or at an appropriate ratio based on habitat quality and quantity as determined in coordination with the applicable Resource Agencies at the time of project permitting. Impacts to Type D (unoccupied coastal sage scrub, coastal sage/chaparral mix, chaparral), Type E (annual, nonnative grassland), and Type F (disturbed lands, eucalyptus, agricultural lands) habitats are not subject to the fee payment. Instead, these types of impacts will be mitigated at the Lake Calavera Mitigation Bank, per the ratios included in Table ·11 of the HMP. An appropriate mitigation ratio would be determined based on habitat quality and quantity as determined in coordination with the applicable Resource Agencies at the time of project permitting. Prior to the first preconstruction meeting for each project component, the City shall verify that the following statement is included in the construction specifications: No clearing, grubbing, grading, or other construction activities within occupied gnatcatcher habitat shall occur between March 1 and August 15, CEQA Findings of Fact 33 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Bio-lf Bio-Ig Findings of Fact the breeding season of the coastal California gnatcatcher (gnatcatcher). No clearing, grubbing, grading, or other construction activities within or adjacent to unoccupied habitat shall occur between March I and August I5, until the requirements in Bio-I f and Bio-I g have been met to the satisfaction of the City: A qualified biologist (possessing a valid Endangered Species Act Section IO(a)(I)(a) Recovery Permit) shall survey appropriate habitat areas subject to construction noise levels exceeding 60 dBA Leq for the presence of gnatcatcher. Gnatcatcher surveys shall be conducted pursuant to USFWS protocol survey guidelines a minimum of 4 weeks (within the breeding season) prior to commencement of construction. If gnatcatchers are present, then the following conditions must be met: • Between March I and August I5, no construction activities shall occur within any portion of the site where such activities would result in noise levels exceeding 60 dBA Leq at the edge of occupied gnatcatcher habitat. An analysis concluding that construction-generated noise would not exceed 60 dBA Leq at the edge of occupied habitat must be completed by a qualified acoustician (possessing current noise engineer license or registration, with experience monitoring noise levels for listed wildlife species) and approved by the City at least 2 weeks prior to commencement of construction activities; OR • At least 2 weeks prior to commencement of construction activities, and under the direction of a qualified acoustician, noise attenuation measures (e. g., berms, walls) shall be implemented to ensure that construction- generated noise will not exceed 60 dBA Leq at the edge of occupied gnatcatcher habitat. Concurrent with commencement of construction activities and with implementation of necessary noise attenuation measures, noise monitoring1 shall be conducted at the edge of occupied habitat to ensure that construction-generated noise does not exceed 60 dBA Leq· If the noise attenuation measures implemented are determined to be inadequate by the qualified acoustician or biologist, then the associated construction activities shall cease until such time that adequate noise attenuation is achieved or until the end of the breeding season (August I5). If gnatcatchers are not detected during the preconstniction survey within areas that would be subject to construction noise levels exceeding 60 dBA Leq, the qualified biologist shall submit substantial evidence to the City and applicable Noise monitoring shall continue at least twice weekly on varying days, or more frequently depending on .the construction activity, to verify that noise levels at the edge of occupied habitat are maintained below 60 dBA Leq or to the ambient noise level if it already exceeds 60 dBA Leq· If not, other measures shall be implemented in consultation with the biologist and the City, as necessary, to reduce construction-generated noise levels to below 60 dBA Leq or to the ambient noise level if it already exceeds 60 dBA Leq· Such measures may include, but are not limited to, limitations on the placement of construction equipment and the simultaneous use of equipment. CEQA Findings of Fact 34 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Bio-1h Bio-1i Findings of Fact regulatory agencies demonstrating whether noise attenuation measures (e.g., berms, walls) are necessary between March 1 and August 15 as follows: • If this evidence indicates the potential is high for gnatcatcher to be present based on historical records or site conditions, then measure Bio-lf shall be adhered to as specified above. • If this evidence concludes that no impacts to this species are anticipated, no mitigation measures will be necessary. Prior to the first preconstruction meeting for each project component, the City shall verify that the following statement is included in the construction specifications: No clearing, grubbing, grading, or other construction activities shall occur within least Bell's vireo habitat shall occur between March 15 and September 15 (least Bell's vireo breeding season) in occupied least Bell's vireo habitat. No clearing, grubbing, grading, or other construction activities within or adjacent to unoccupied least Bell's vireo habitat shall occur between March 15 and September 15 until the requirements in Bio-li and Bio-1j have been met to the satisfaction of the City. A qualified biologist shall survey those wetland areas that would be subject to construction noise levels exceeding 60 dBA Leq for the presence of least Bell's vireo. Least Bell's vireo surveys shall be conducted a minimum of 8 weeks (within the breeding season) prior to commencement of construction. If least Bell's vireos are present, then the following conditions must be met: • Between March 15 and September 15, no construction activities shall occur within any portion of the site where such activities would result in noise levels exceeding 60 dB A Leq at the edge of occupied least Bell's vireo habitat. An analysis showing that construction-generated noise would not exceed 60 dBA Leq at the edge of occupied habitat must be completed by a qualified acoustician (possessing current noise engineer license or registration), with experience monitoring noise levels for listed wildlife species) and approved by the City at least 2 weeks prior to commencement of construction activities; OR • At least 2 weeks prior to commencement of construction activities, and under the direction of a qualified acoustician, noise attenuation measures (e.g., berms, walls) shall be implemented to ensure that construction- generated noise would not exceed 60 dBA Leq at the edge of occupied least Bell's vireo habitat. Concurrent with commencement of construction activities and with implementation of necessary noise attenuation measures, noise monitoring1 shall be conducted at the edge of occupied habitat to ensure that construction-generated noise does not exceed 60 dBA Leq· If the noise attenuation measures implemented are determined to be inadequate by the qualified acoustician or biologist, then the CEQA Findings of Fact 35 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Bio-lj Bio-lk Bio-11 Findings of Fact associated construction activities shall cease until such time that adequate noise attenuation is achieved or until the end of the breeding season (September 16). If least Bell's vireos are not detected during the preconstruction survey within areas of potential habitat that would be subject to construction noise levels exceeding 60 dBA Leq, the qualified biologist shall provide evidence to the City and applicable regulatory agencies demonstrating whether noise attenuation measures (e.g., berms, walls) are necessary between March 15 and September 15 as follows: • If this evidence indicates the potential is high for least Bell's vireo to be present based on historical records or site conditions, then condition 1 i shall be adhered to as specified above. • If this evidence concludes that no impacts to this species are anticipated, no mitigation measures would be necessary. Prior to the first preconstruction meeting for each phase of the project component, the City shall verify that the following statement is included in the construction specifications: No clearing, grubbing, grading, or other construction activities shall occur within occupied southwestern willow flycatcher habitat between May 1 and September 1 (southwestern willow flycatcher breeding season). No clearing, grubbing, grading, or other construction activities within or adjacent to unoccupied southwestern willow flycatcher habitat shall occur between May 1 and September 1 until the requirements in Bio-11 and Bio-lm have been met to the satisfaction of the City. A qualified biologist shall survey those wetland areas that would be subject to construction noise levels exceeding 60 dBA Leq for the presence of southwestern willow flycatcher. Southwestern willow flycatcher surveys shall be conducted pursuant to USFWS protocol survey guidelines a minimum of 6 weeks (within the breeding season) prior to commencement of construction. If southwestern willow flycatchers are present, then the following conditions must be met: • Between May 1 and September 1, no construction activities shall occur within any portion of the site where such activities would result in noise levels exceeding 60 dBA Leq at the edge of occupied southwestern willow flycatcher habitat. An analysis showing that construction-generated noise would not exceed 60 dBA Leq at the edge of occupied habitat must be completed by a qualified acoustician (possessing current noise engineer license or registration, with experience monitoring noise levels for listed wildlife species) and approved by the City at least 2 weeks prior to commencement of construction activities; OR CEQA Findings of Fact 36 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Bio-1m Bio-ln Bio-lo Bio-2a Findings of Fact • At least 2 weeks prior to commencement of construction activities, and under the direction of a qualified acoustician, noise attenuation measures (e.g., berms, walls) shall be implemented to ensure that construction- generated noise would not exceed 60 dBA Leq at the edge of occupied southwestern willow flycatcher habitat. Concurrent with commencement of construction activities and with implementation of necessary noise attenuation measures, noise monitoring1 shall be conducted at the edge of occupied habitat to ensure that construction-generated noise does not exceed 60 dBA Leq· If the noise attenuation measures implemented are determined to be inadequate by the qualified acoustician or biologist, then the associated construction activities shall cease until such time that adequate noise attenuation is achieved or until the end of the breeding season (September 2). If southwestern willow flycatchers are not detected during the preconstruction survey within areas of potential habitat that would be subject to construction noise levels exceeding 60 dBA Leq, the qualified biologist shall submit substantial evidence to the City and applicable regulatory agencies demonstrating whether noise attenuation measure (e.g., berms, walls) are necessary between May I and September I as follows: • If this evidence indicates the potential is high for southwestern willow flycatcher to be present based on historical records or site conditions, then measure Bio-11 shall be adhered to as specified above. • If this evidence concludes that no impacts to this species are anticipated, no mitigation measures would be necessary. To identify the presence/absence of sensitive and/or native fish species within potential aquatic habitat (e.g., freshwater species such as the tidewater goby), the following measure shall be implemented: • Conduct a trapping/netting study; if sensitive native fish are detected, then (1) trapping and translocation of the sensitive fish shall occur, and/or (2) exclusionary trapping shall be placed to prevent sensitive fish species from entering the area of disturbance during in-stream activity. Where required, protocol-level surveys will be conducted for sensitive plant or wildlife species prior to construction of DMP Update components, as required by the Wildlife Agencies. For DMP Update components that would result in the loss of sensitive habitats within the Coastal Zone, mitigation shall be required at ratios consistent with requirements of the HMP, including Standards 7-1 through 7-14 of Section D, and the policies and provisions of the Local Coastal Program (LCP). CEQA Findings of Fact 37 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Bio-2b Bio-3 Bio-4 Findings of Fact Mitigation ratios shall be consistent with the provisions of the HMP and LCP. For all projects affecting riparian and wetland habitat, habitat replacement ratios and the specific location of mitigation lands shall be determined in consultation with the USFWS, USACE, and CDFG as appropriate in accordance with the requirements of the federal CWA, federal wetland policies, and the California Fish and Game Code. For DMP Update components with unavoidable impacts, the City shall either: (I) demonstrate that viable wetlands can be created at a minimum ratio of I : 1 within close proximity of the impact area to replace the wildlife function affected by the project; or (2) provide proof that wetland creation credits at a minimum ratio of I :I have been purchased at a Wildlife Agency approved bank. Consistent with the City's HMP, higher ratios will be required for impacts to high-quality wetlands (e.g., occupied by listed or otherwise sensitive species) and for wetlands within the Coastal Zone. For DMP Update components where wetland creation will be necessary, construction shall not be initiated until a viable wetland creation mitigation site with long-term value is identified (and if necessary purchased by the City) and the wetland mitigation plan is approved by the appropriate Resource Agencies. The wetland creation shall not require impacts to sensitive wildlife or vegetation communities. All mitigation lands for impacts to riparian and wetland habitats shall be in the City or MHCP plan area as deemed appropriate by the Wildlife Agencies. As needed, surveys for state and federally listed sensitive plant species shall be conducted to complete a determination of suitable habitat presence prior to implementation of DMP Update components. Surveys shall be conducted at a time when sensitive plant species would be most observable. At the project design stage for the DMP Update components located within key Core Areas and linkages, design measures and restoration efforts shall be required to maintain the viability of the wildlife corridors throughout Carlsbad. 3.2.4 Facts in Support Implementation of Mitigation Measures Bio-la through Bio-ld will reduce potentially significant impacts to sensitive habitat because they require replacement of disturbed habitat with preserved habitat at ratios determined in consultation with the Resource Agencies. This measure will verify that despite disturbance of habitat caused by development, sensitive habitat remains viable throughout the city. Implementation of Mitigation Measures Bio-le through Bio-lm will reduce potentially significant impacts to coastal California gnatcatcher (Polioptila californica), least Bell's vireo (Vireo bellii pusillus), and southwestern willow flycatcher (Empidonax traillii extimus) because they require the avoidance of breeding seasons, and preconstruction screening of surrounding habitat to determine the existence of nesting birds. This will verify that appropriate steps are taken to protect the species from noise generated by the nearby construction. CEQA Findings of Fact 38 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact Implementation of Mitigation Measure Bio-I n will reduce potentially significant impacts to native fish because it requires preconstruction identification of such species in water bodies potentially affected by construction activities to verify appropriate protective steps are taken prior to in-stream activities. Implementation of Mitigation Measure Bio-I o will reduce potentially significant impacts to additional wildlife species through the requirement of preconstruction protocol surveys as directed by the state and federal Wildlife Agencies. These surveys will identify whether any species requiring protective measures are present within the project sites. Through implementation of Mitigation Measure Bio-Io, potentially significant impacts to sensitive habitat and species will be reduced to less than significant. Implementation of Mitigation Measures Bio-2a and 2b will reduce potentially significant impacts resulting from loss of sensitive habitats within the Coastal Zone because disturbed habitat shall be replaced at ratios consistent with requirements of the City's HMP and determined in consultation with the Wildlife Agencies. Wetland loss will require approval by the Resource Agencies of a viable wetland creation mitigation site with long-terin value prior to initiation of construction. This measure will verify the continued viability of coastal habitat through preservation and restoration. Through implementation of Mitigation Measures Bio-2a and 2b, potentially significant impacts to sensitive habitat within the Coastal Zone will be reduced to less than significant. Implementation of Mitigation Measures Bio-3 will reduce potentially significant impacts resulting from loss of sensitive plant species because preconstruction surveys are required to determine the existence of sensitive plants in the vicinity of each project so appropriate protective steps can be taken. Through implementation of Mitigation Measures Bio-3, potentially significant impacts to sensitive plants will be reduced to less than significant. Implementation of Mitigation Measure Bio-4 will reduce potentially significant impacts resulting from impeding wildlife movement within Core Areas and linkages because each component of the DMP Update must be designed to preserve wildlife movement within the drainages. Through implementation of Mitigation Measure Bio-4, potentially significant impacts associated with wildlife movement will be reduced to less than significant. 3.2.5 Potentially Significant Impacts (Project Level) DMP Update project components B and BN and have the potential to result in the following project level potentially significant biological impacts: • The loss of 0.08 acres of willow riparian forest is considered a significant and cumulative impact and requires compensatory mitigation (i.e., creation, restoration, and/or replacement of in-kind habitat). (Bio-5) • Loss of wetland and riparian habitat within the Coastal Zone is considered a significant and cumulative impact. (Bio-6) CEQA Findings of Fact 39 January I 6, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact • Proposed dredging and improvements within Agua Hedionda Creek (area adjacent to Cannon Road Bridge) have the potential to result in significant indirect impacts to least Bell's vireo, southwestern willow flycatcher, and light-footed clapper rail. (Bio-7) 3.2.6 Finding Mitigation measures have been identified in the Final EIR that mitigate or avoid potentially significant impacts to biological resources resulting from implementation of the DMP Update components B and BN. 3.2. 7 Mitigation The Final EIR found that the above significant effects relating to project level biological impacts would be mitigated to a level considered less than significant through implementation of the following mitigation measures: Bio-5 Bio-6 Bio-7a Bio-7b Bio-7c Mitigation measures listed for Bio-la, and Bio-2a and 2b shall be implemented as applicable to address project-specific vegetation impacts within Agua Hedionda and Calavera creeks. The project shall mitigate impacts to wetland and riparian habitat through on-site restoration and/or off-site wetland and riparian habitat creation/restoration/ enhancement at a ratio to be determined in coordination with the applicable Resource Agencies at the time of permitting, consistent with LCP and HMP policies and provisions, as applicable. If adequate acreage to satisfy mitigation is not available on-site and/or at the Lake Calavera Mitigation Bank, then alternative mitigation credits may be purchased from the North County Mitigation Bank, or other alternative sites deemed acceptable by the Resource Agencies. If dredging and improvement activities cannot be conducted outside the breeding season for sensitive wildlife species, then prior to commencement of construction activities, a preconstruction survey shall be conducted by a qualified biologist to determine presence/absence of nesting birds. If nesting birds are detected on-site, vegetation removal shall be delayed until the chicks have fledged or the nest has failed. To address potential impacts to the light-footed clapper rail, a qualified biologist shall survey the area and surrounding 500-foot buffer area for light-footed clapper rails prior to implementation of dredging activities. There is no need to survey the area upstream of El Camino Real since this area is void of suitable clapper rail habitat (freshwater marsh). If clapper rails are detected in the project area, they should be flushed, prior to the onset of any vegetation removal. For potential indirect impacts to least Bell's vireo, Mitigation Measures Bio 1-h through Bio 1-j shall be implemented, as applicable. CEQA Findings of Fact 40 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Bio-7d Bio-7e Findings of Fact For potential indirect impacts to southwestern willow flycatcher, implementation Mitigation Measures Bio-I k through Bio-I m shall be implemented, as applicable. To discourage sensitive bird species from entering active construction areas between El Camino Real and Cannon Road bridges, a physical barrier (construction fence) shall be installed on the downstream side of Cannon Road before dredging or vegetation removal commences. The barrier would be removed once the construction activity has ceased on the south side of El Camino Real. 3.2.8 Facts in Support Implementation of Mitigation Measure Bio-5 will reduce potentially significant impacts resulting from the loss of 0.08 acres of willow riparian forest because habitat replacement will be required for the disturbed willow riparian forest at ratios determined in consultation with state and federal Wildlife Agencies. Through implementation of Mitigation Measure Bio-5, potentially significant impacts to 0.08 acres of willow riparian forest will be reduced to less than significant. Implementation of Mitigation Measure Bio-6 will reduce potentially significant impacts resulting from the loss of wetland and riparian habitat within the Coastal Zone because wetland habitat restoration and creation are required for all impacts at ratios determined in coordination with the applicable Resource Agencies. Through implementation of Mitigation Measure Bio-6, potentially significant impacts to riparian habitat will be reduced to less than significant. Implementation of Mitigation Measures Bio-7 a through Bio-7 e will reduce potentially significant impacts resulting from the indirect impacts to least Bell's vireo, southwestern willow flycatcher, and light-footed clapper rail because preconstruction surveys of the project areas will verify that appropriate measures are taken prior to disturbance of vegetation. Through implementation of Mitigation Measures Bio-7a through Bio-7e, potentially significant impacts to least Bell's vireo, southwestern willow flycatcher, and light-footed clapper rail will be reduced to less than significant. 3.3 CULTURAL RESOURCES (PROGRAM LEVEL) 3.3.1 Potentially Significant Impacts The DMP Update has the potential to result in the following potentially significant program level impacts to cultural resources: • For those areas not adequately surveyed, as identified in Tables 4.Il-2 and 4.11-3 of the Final EIR, roads traversing previously undisturbed areas or projects requiring surface disturbance in undeveloped areas could potentially lead to significant impacts to surface cultural deposits. (Cult-I) • Ground-disturbing project activities or excavation into intact native soils could potentially impact significant cultural resources that have not yet been discovered. (Cult-2) CEQA Findings of Fact 41 January 16, 2008 · EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact The operation and maintenance activities of the DMP Update have the potential to result in potentially significant impact Cult-1, stated above. 3.3.2 Finding Mitigation measures have been identified in the Final EIR that mitigate or avoid potentially significant program level impacts to cultural resources resulting from implementation of the DMP Update. 3.3.3 Mitigation Measures The Final EIR found that the above significant effects relating to program level and operation and maintenance activities would be mitigated to a level considered less than significant through implementation of the following mitigation measures: Cult-1 The following mitigation measures will be required if a proposed PLDA or non- PLDA component is located in an undeveloped area that could potentially impact significant cultural deposits, as indicated in Tables 4.11-2 and 4.11-3. In addition, for any operation and maintenance activities that will require temporary construction of an access road through previously undeveloped or undisturbed areas, the following mitigation measures will be required prior to construction. a) Preconstruction Requirements -Prior to the start of construction, a pedestrian survey shall be conducted under the supervision of a qualified archaeologist for previously undisturbed areas that have not been surveyed or adequately surveyed (e.g., the area was surveyed with outdated or non- protocol methods). The survey shall be conducted in parallel linear transects spaced no farther than 10 meters apart in undeveloped areas. 1) Cultural resources, if found during the survey, shall be photographed, mapped using a global positioning system (GPS), and recorded on the appropriate California Department of Parks and Recreation forms (DPR Form 523A/B). The forms shall be submitted to the South Coastal Information Center (SCIC) for the assignment of Primary numbers within 1 week of the survey. 2) Within 1 month of completion of the field survey, a draft letter report or technical report shall be submitted to the City for review, whether the survey is negative or positive. A final report shall be submitted within 6 weeks of receipt of the City's comments, with a copy submitted to the SCIC for their files. b) If the pedestrian survey is positive, the qualified archaeologist shall conduct an updated archival search, if needed, as well as additional detailed field testing. Local Native American groups shall be contacted for testing of prehistoric cultural resources regarding the project. Where applicable, the CEQA Findings of Fact 42 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Cult-2 Findings of Fact City will execute a Pre-Excavation Agreement with the appropriate Native American groups. 1) Prior to the start of field testing, surface artifacts and/or features shall be marked and mapped using a GPS. Testing shall be required if surface artifacts are discovered, and shall include a program of 30-centimeter-diameter shovel test pits (STPs) to define site boundaries and identify the potential for a substantial subsurface deposit. 2) Based on the results of the STPs, additional measures such as Test Excavation Units or mechanical trenching (for substantial historic sites) would be placed in areas with the potential for a substantial subsurface deposit, as determined by the qualified archeologist. 3) All excavated soils shall be screened through 118-inch mesh hardware cloth. On completion of the project, the artifact collection, along with copies of the catalogs and the technical report, shall be permanently curated at the San Diego Archaeological Center. An updated site record shall be prepared and submitted to the SCIC. 4) Within 3 months of completion of the fieldwork, a draft technical report including evaluations and recommendations shall be prepared and submitted. The final technical report shall be submitted within 6 weeks of receipt ofthe City's comments. Monitoring Requirements -Construction monitoring will be required for proposed PLDA or non-PLDA DMP Update components that involve excavation or grading within undisturbed native soils and could potentially impact subsurface cultural deposits, as indicated in Tables 4.11-2 and 4.11-3. a) Prior to the first preconstruction meeting for the project, the Planning Director (PD) shall verify that the requirements for archaeological monitoring and Native American monitoring, if applicable, have been noted on the appropriate construction documents. The applicant shall retain a qualified archaeologist to verify that a records search has been completed and updated, as necessary, and to implement the monitoring program. At the preconstruction meeting, the archaeologist shall submit to the PD a copy of the site/grading plan that identifies areas to be monitored. b) The qualified archaeologist shall be present full-time during grading/ excavation of native soils with the potential to contain buried cultural features or deposits and shall document activity via the Consultant Monitor Record. Monitoring of trenches shall include mainline, laterals, services, and all other appurtenances that impact native soils 1 foot deeper than existing as detailed on the plans or in the contract documents. It is the CEQA Findings of Fact 43 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact construction manager's responsibility to keep the archaeological monitors up-to-date with current plans. c) In the event of a discovery, the archaeologist, or the Principal Investigator (PI) if the monitor is not qualified as a PI, shall divert, direct, or temporarily halt ground-disturbing activities in the area of the discovery to allow for preliminary evaluation of potentially significant archaeological resources. The PI shall also immediately notify the construction manager and the PD of such findings at the time of discovery. I) The significance of the discovered resources shall be assessed by the PI. For significant archaeological resources, a Research Design and Data Recovery Program shall be prepared and implemented by the qualified archaeologist. The results of the Research Design and Data Recovery Program shall be approved by the City before ground- disturbing activities in the area of discovery shall be allowed to resume. d) If human remains are discovered, work shall halt in that area and procedures set forth in the California Public Resources Code (Sec. 5097 .98) and State Health and Safety Code (Sec. 7050.5} shall be implemented. Construction in that area shall not resume until the remains have been evaluated and conveyed to appropriate descendants or reinterred to the satisfaction of the PI. e) The archaeologist shall notify the PD, in writing, of the end date of monitoring. The archaeologist shall be responsible for ensuring that all cultural remains collected are cleaned, catalogued, and permanently curated with an appropriate institution; that a letter of acceptance from the curation institution has been submitted to the Planning Department; that all artifacts are analyzed to identify function and chronology as they relate to the history of the area; that faunal material is identified as to species; and that specialty studies are completed, as appropriate. f) Within 3 months following the completion of monitoring, the Draft Results Report (even if negative) and/or evaluation report, if applicable, which describes the results, analysis, and conclusions of the Archaeological Monitoring Program (with appropriate graphics) shall be submitted to the PD for approval. For significant archaeological resources encountered during monitoring, the Research Design and Data Recovery Program shall be included as part of the Draft Results Report. The qualified archaeologist shall be responsible for recording (on the appropriate State of California Department of Park and Recreation forms-DPR 523 AlB) any significant or potentially significant resources encountered during the Archaeological Monitoring Program, and submitting such forms to the SCIC with the Final Results Report. CEQA Findings of Fact 44 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact 3.3.4 Facts in Support Implementation of Mitigation Measure Cult-1 will reduce potentially significant program level impacts resulting from roads or surface disturbance through areas not adequately surveyed because any unsurveyed area will undergo preconstruction surveys to verify adequate steps are taken to protect and preserve any identified cultural resources. Through implementation of Mitigation Measure Cult-1 potentially significant program level impacts to cultural resources will be reduced to less than significant. Implementation of Mitigation Measure Cult-2 will reduce potentially significant program level impacts to undiscovered resources because an on-site construction monitor will be present during excavation and grading of areas with potential resources to verify that ground-disturbing activities are halted should resources be located. Through implementation of Mitigation Measure Cult-2 potentially significant program level impacts to cultural resources will be reduced to less than significant. 3.4 PALEONTOLOGICAL RESOURCES 3.4.1 Potentially Significant Impacts The DMP Update and operation and maintenance activities have the potential to result in the following potentially significant program level impact to paleontological resources: • Grading and earthwork could disturb potentially unknown fossil remains and the information in the fossils could be lost. (Paleo-1) 3.4.2 Finding Mitigation measures have been identified in Final EIR that mitigate or avoid potentially significant program level impacts to paleontological resources resulting from implementation of the DMP Update. 3.4.3 Mitigation Measures The Final EIR found that the above significant effect relating to program level and operation and maintenance activities would be mitigated to a level considered less than significant through implementation of the following mitigation measure: Paleo-1 A monitoring program shall be prepared and implemented if excavation into intact geologic formations with moderate to high sensitivity is proposed. Components of such a monitoring program shall include, but not be limited to, the following: a) A qualified paleontological monitor shall be present at a pregrading meeting with the construction contractor and PD (Planning Director) of the City Planning Department. The purpose of the meeting will be to consult and coordinate the role of the paleontologist during construction. The CEQA Findings of Fact 45 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update . Findings of Fact paleontological monitor shall have adequate knowledge and experience with fossilized remains likely to be present to identify them in the field. The paleontological monitor shall be adequately experienced to remove paleontological resources for further study. b) The paleontological monitor shall be present during the applicable stages of grading and construction (including trenching), as determined at the pregrading meeting. The paleontological monitor shall have the authority to temporarily direct, divert, or halt grading in the area of an exposed fossil to facilitate evaluation and, if necessary, salvage. At the discretion of the monitor, recovery may include washing and picking of soil samples for microvertebrate bone and teeth. Construction activities in the area of discovery shall resume upon notification by the paleontologist that fossil remains have been recovered. The City shall ensure the contractor is aware of the random nature of fossil occurrences and the possibility of a discovery of such scientific and/or educational importance that it might warrant a long-term salvage operation or preservation. All fossils collected shall be donated to a museum with a systematic paleontological collection, such as the San Diego Natural History Museum. The City shall ensure the grading contractor is aware of this provision. Conflicts regarding the role and authority of the monitor shall be resolved by the PD or his/her designee. c) Collected fossils shall be cleaned and/or prepared to a point of identification, and then curated to museum standards (cataloging of locality and specimen data, numbering, identification, labeling) before being deposited in an appropriate public facility (or facilities) that can provide permanent archival storage (so that specimens are available for future scientific study). A report detailing the mitigation and any discoveries shall be prepared and submitted to the City within 3 months following termination of the paleontological monitoring program, even if negative. The report shall include necessary maps, graphics, and fossil lists to adequately document the paleontological monitoring program. 3.4.4 Facts in Support Implementation of Mitigation Measure Paleo-1 will reduce potentially significant impacts resulting from the potential disturbance and loss of fossil remains because the preconstruction monitoring program will verify that steps will be taken to protect and preserve fossils if unearthed during excavation and/or grading. Through implementation of Mitigation Measure Paleo-1 potentially significant impacts to paleontological resources will be reduced to less than significant. 3.5 CUMULATIVE IMPACTS (BIOLOGICAL RESOURCES) 3.5.1 Potentially Significant Impacts CEQA Findings of Fact 46 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact The DMP Update would result in potentially significant long-term impacts to biological resources. These impacts would be cumulatively significant when considered together with other development projects in the City and the region due to the loss of sensitive habitat. 3.5.2 Finding Mitigation measures have been identified in Final EIR that mitigate or avoid potentially significant cumulative impacts to biological resources resulting from implementation of the DMP Update. 3.5.3 Mitigation Measures The Final EIR found that cumulative significant biological impacts would be mitigated to a level considered less than significant through implementation of mitigation measures discussed above in Sections 3.2.3 and 3.2.7, and detailed in Section 4.10 ofthe Final EIR. 3.5.4 Facts in Support Implementation of Mitigation Measures Bio-I through Bio-7 would reduce significant cumulative biological impacts to less than significant because of the rationale discussed above in Sections 3.2.4 and 3.2.8. 4.0 FINDINGS REGARDING SIGNIFICANT UNAVOIDABLE IMPACTS The City, acting as the Lead Agency under CEQA, finds that the Final EIR identifies no significant unavoidable impacts. CEQA Sections 21081 and 21081.5 and CEQA Guidelines Section 15091 provide that the City shall not approve or carry out a project for which an EIR has been certified that identifies one or more significant environmental effects of the project unless the City makes one or more of the following Findings for each significant effect, based on substantial evidence in the record: (1) Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect; (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding, and such changes have been, or can and should be, adopted by such other agency; and/or (3) Specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. The City has determined that mitigation measures identified in the Final EIR will substantially lessen the significant impacts identified above in Section 3 of these Findings. Such mitigation measures have been incorporated into the MMRP, which will be included as a condition of the City's approval ofthe DMP Update. CEQA Findings of Fact 47 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Findings of Fact 5.0 FINDINGS REGARDING INFEASIBLE ALTERNATIVES In preparing and adopting findings, a lead agency need not necessarily address the feasibility of both mitigation measures and alternatives when contemplating approval of a project with significant impacts. Where a significant impact can be mitigated to an acceptable level solely by the adoption of mitigation measures, the agency, in drafting its findings, has no obligation to consider the feasibility of environmentally superior alternatives, even if their impacts would be less severe than those of the project as mitigated. [Laurel Hills Homeowners Association v. City Council (1978) 83 Cal. App. 3d 515, 521; Kings County Farm Bureau v. City of Hanford (1990) 221 Cal. App. 3d 692, 730-731; Laurel Heights Improvement Association v. Regents of the University of California (1988) 47 Cal. 3d 376, 400-403.] Therefore, because the DMP Update would not result in any significant unmitigable impacts, no findings are required regarding infeasible alternatives. 6.0 FINDINGS REGARDING SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES The DMP Update would cause irreversible environmental changes consisting of the following: Alteration of the human environment as a consequence of the development process. In particular, the DMP Update would result in the alteration of natural drainages, sensitive biological habitats, and wetlands to provide drainage improvements, flood protection, and indirect improvements to storm water quality control. Impacts to these sensitive resources would be reduced to a less than significant level with the mitigation measures included in the Final EIR. Use of nonrenewable natural resources for construction, operation, and maintenance of project components. The proposed DMP Update would not use nonrenewable fossil fuels, such as diesel, gasoline, or oil for construction equipment at a greater rate than other typical construction projects; increase the overall rate of use of any nonrenewable natural resource; or result in the substantial depletion of any nonrenewable resource. 7.0 FINDINGS REGARDING THE MITIGATION MONITORING AND REPORTING PROGRAM The City Council hereby adopts the MMRP attached to this Resolution as Exhibit B. In the event of any inconsistencies between the mitigation measures set forth herein and the MMRP, the MMRP shall control. The MMRP will be adopted as part of the conditions of approval for the DMP Update, pursuant to CEQA Section 21081.6 and CEQA Guidelines Section 15097. CEQA Findings of Fact 48 January 16, 2008 EIR 04-02 Carlsbad Drainage Master Plan Update Page 1 of 14 PROJECT NAME: City of Carlsbad Drainage Master Plan (DMPl Update (includes Agua Hedionda and Calavera Creek Project) APPROVALDATE:c[C~Ii~ck~H~er~e~l ________________ ___ Exhibit EIR-8 FILE NUMBERS: EIR 04-02/LCPA 07-06/ZCA 07-04/SUP 06- 02/HMPP 06-03/CDP 06-04 The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21 081.6). ~:k •... • . Mitigation Measure < Program Level Mitigation Measures -DMP Update Components Monitoring Type . Noise-1 If a proposed project component would require the use of Pre- construction equipment that may generate noise of 75 dBA construction/ within 50 feet of a sensitive receptor for a period of longer than Construction 3 days, or would require work to be done between sunset and 7:00 a.m., as permitted by Municipal Code Section 8.48.020, preparation and implementation of a project level noise evaluation shall be required. The evaluation shall assess potential noise levels and require the implementation of appropriate noise attenuation measures to reduce potential noise impacts to less than 75 dBA l...,q during the daytime or to 60 dBA leq at nighttime. The noise evaluation shall consider the use of temporary noise walls, noise blankets, noise- reducing enclosures for individual pieces of equipment, and engines with special mufflers as potential noise attenuation measures. Monitoring shall be required to demonstrate the effectiveness of the project-specific measures to reduce noise levels to this limit. If monitoring results indicate that the measures are not reducing noise to acceptable levels, work will cease until further environmental analysis is performed that recommends additional noise attenuation measures. For emergency projects as defined in Municipal Code Section 8.48.020(A), the requirement for evaluation, monitoring, and potential additional mitigation measures shall be performed if determined feasible by the City Engineer. Noise-2 If a proposed project component would require the use of pile Pre- drivers, preparation and implementation of a project level construction/ vibration evaluation shall be required. The evaluation shall Construction consider the potential vibration levels associated with project construction at the nearest structure locations. The analysis shall demonstrate that vibration levels at those structures Explanation of Headings: • Monitoring . Department City of Carlsbad, Engineering - Public Works City of Carlsbad, Engineering - Public Works Shown on Plans Verified .Implementation Type = Pre-Construction, Construction, Post-Construction Monitoring Department = Department or Agency responsible for monitoring a particular mitigation measure Verified Implementation= When mitigation measure has been implemented, this column will be initialed and dated Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated Remarks= Notes on status of ongoing mitigation measure or other information Remarks .. 1 l I l t } f l p age 2. f 14 0 E h"b"t EIR 8 X I I - ii',. . ..... NJ!iSJ~on Nleas~\" .. I Monitoring Monitoring Shown on Verified .. .·· , .• ;."c .. r:; • J .. .Type Department Plans .···.lmplemehtation' Remarks · . ·~ • remain below 0.2 in/sec, or a different constructio"n technique resulting in vibration less than 0.2 in/sec shall be required. Implementation of mitigation measures Bio 1-a through Bio 1-d would be required for DMP Update components that would impact sensitive Habitat Management Plan (HMP) habitats and would reduce direct and cumulative impacts to below a level of significance. Note that the descriptions of Type A through F habitats are per Table 11 of the HMP. Avoidance and on-site mitigation are the priority. Future project level environmental review for DMP Update components that would impact biological resources would be provided to the Wildlife Agencies for review to verify consistency with the Cit 's HMP. Bio-1a For impacts to Type A habitats (coastal salt marsh, alkali Pre-City of Carlsbad, marsh, freshwater marsh, estuarine, salt pan/mudflats, riparian construction/ Engineering - forest, riparian woodland, riparian scrub, disturbed wetlands, Post-Public Works; flood channel, fresh water, Engelmann oak woodland, coast Construction Planning live oak woodland) a goal of no net loss of habitat value or function shall be met. Habitat replacement ratios and the specific location of mitigation lands shall be determined in consultation with the US Fish and Wildlife Service (USFWS), us Army Corps of Engineers (USAGE), and California Department of Fish and Game (CDFG) as appropriate in accordance with the requirements of the federal Clean Water Act (CWA), federal wetland policies, and the California Fish and Game Code. All mitigation lands for impacts to riparian and wetland habitats shall be in the City or Multiple Habitat Conservation Program (MHCP) plan area, at a ratio to be determined by the applicable resource agencies at the time of PJOlect permitting. Bio-1b Impacts to Type B habitats (beach, southern coastal bluff Pre-City of Carlsbad, scrub, maritime succulent scrub, southern maritime chaparral, construction/ Engineering- native grass) shall be mitigated at a 3:1 ratio, or at an Post-Public Works; appropriate ratio based on habitat quality and quantity as Construction Planning determined in coordination with the applicable resource agencies at the time of project permittiQ9_. Bio-1c Impacts to Type C habitats (California gnatcatcher-occupied Pre-City of Carlsbad, coastal sage scrub) shall be mitigated at a 2:1 ratio, or at an construction/ Engineering- appropriate ratio based on habitat quality and quantity as Post-Public Works; determined in coordination with the applicable resource Construction Planning agencies at the time of project permitting. Bio-1d Impacts to Type D (unoccupied coastal sage scrub, coastal Pre-City of Carlsbad, sage/chaparral mix, chaparral), Type E (annual, nonnative construction/ Engineering- grassland), and Type F (disturbed lands, eucalyptus, Post-Public Works; agricultural lands) habitats are not subject to the fee payment. Construction Planning Instead, these types of impacts will be mitigated at the Lake Calavera Mitigation Bank, per the ratios included in HMP Table 11. An appropriate mitigation ratio would be determined based on habitat quality and quantity as determined in coordination with the applicable resource agencies at the time of project Explanation of Headings: Type = Pre-Construction, Construction, Post-Construction Monitoring Department = Department or Agency responsible for monitoring a particular mitigation measure Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated Remar1<s = Notes on status of ongoing mitigation measure or other infonnation Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated ~ I I f Page 3 of 14 ,, permitting. Shown on Plans VerifiE:Id lrnhlemelltatioo Exhibit EIR-8 ... ··· .. ·Re~rks' Implementation of mitigation measures Bio-1e through Bio-1g shall be required for DMP components that would result in indirect impacts to coastal California gnatcatcher, within 150 m (500 ft) of the _proposed project footprint, from construction-' enerated noise and would reduce impacts to below a level of significance: Bio-1e Prior to the first preconstruction meeting for each project Pre-City of Carlsbad, component, the City shall verify that the following statement is Construction Engineering - included in the construction specifications: No clearing, Public Works· grubbing, grading, or other construction activities within Planning ' occupied gnatcatcher habitat shall occur between March 1 and August 15, the breeding season of the gnatcatcher. No clearing, grubbing, grading, or other construction activities within or adjacent to unoccupied habitat shall occur between March 1 and August 15, until the requirements in Bio-1f and Bio-1g have been met to the satisfaction of the City. Bio-1 f A qualified Biologist (possessing a valid Endangered Species Act Section 10(a)(1)(a) Recovery Permit) shall survey appropriate habitat areas subject to construction noise levels exceeding 60 decibels (dBA) hourly equivalent (Leq) for the presence of gnatcatcher. Gnatcatcher surveys shall be conducted a minimum of 4 weeks (within the breeding season) prior to commencement of construction. If gnatcatchers are present, then the following conditions must be met: • Between March 1 and August 15, no construction activities shall occur within any portion of the site where such activities would result in noise levels exceeding 60 dBA Leq at the edge of occupied gnatcatcher habitat. An analysis concluding that construction-generated noise would not exceed 60 dBA Leq at the edge of occupied habitat must be completed by a qualified Acoustician (possessing current noise engineer license or registration, with experience monitoring noise levels for listed wildlife species) and approved by the City at least 2 weeks prior to commencement of construction activities; OR • At least 2 weeks prior to commencement of construction activities, and under the direction of a qualified Acoustician, noise attenuation measures (e.g., berms, walls) shall be implemented to ensure that construction-generated noise will not exceed 60 dBA Leq at the edge of occupied gnatcatcher habitat. Concurrent with commencement of construction a~ivities and with implementation of necessary noise attenuation measures, noise monitoring shall be conducted at the edge of occupied habitat to ensure that construction-generated noise does not exceed Explanation of Headings: Type = Pre-Construction, Construction, Post-Construction Pre- Construction/ Construction City of Carlsbad, Engineering- Public Works; Planning Monitoring Department = Department or Agency responsible for monitoring a particular mitigation measure Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated Remarks = Notes on status of ongoing mitigation measure or other information Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated Page 4 of 14 Bio-1g • ,; . Mitip.atlon Measure 60 dBA leq. If the noise attenuation measures implemented are determined to be inadequate by the qualified Acoustician or Biologist, then the associated construction activities shall cease until such time that adequate noise attenuation is achieved or until the end of the breeding_ season (August 15). If gnatcatchers are not detected during the preconstruction survey within areas that would be subject to construction noise levels exceeding 60 dBA Leq, the qualified Biologist shall submit substantial evidence to the City and applicable regulatory agencies demonstrating whether noise attenuation measures (e.g., berms, walls) are necessary between March 1 and August 15 as follows: • If this evidence indicates the potential is high for gnatcatcher to be present based on historical records or site conditions, then measure Bio-1f shall be adhered to as specified above. • If this evidence concludes that no impacts to this species are anticipated, no mitigation measures will be necessary. Monitoring Type Pre- Construction/ Construction Monitoring Department City of Carlsbad, Engineering - Public Works; Planning Shown on Plans Exhibit EIR-8 Verified I inplernentation Remarks Implementation of mitigation measures Bio-1h through Bio-1j shall be required for DMP components that result in indirect impacts to the least Bell's vireo, within 150m (500 ft) of the proposed project footprint, from construction-generated noise and would reduce impacts to below a level of significance: Bio-1 h Prior to the first preconstruction meeting for each project component, the City shall verify that the following statement is included in the construction specifications: No clearing, grubbing, grading, or other construction activities shall occur between March 15 and September 15 (least Bell's vireo breeding season) in occupied least Bell's vireo habitat. No clearing, grubbing, grading, or other construction activities within or adjacent to unoccupied least Bell's vireo habitat shall occur between March 15 and September 15 until the requirements in Bio-1i and Bio-1j have been met to the satisfaction of the City. Bio-1 i A qualified Biologist shall survey those wetland areas that would be subject to construction noise levels exceeding 60 dBA leq for the presence of least Bell's vireo. Least Bell's vireo surveys shall be conducted a minimum of 8 weeks (within the breeding season) prior to commencement of construction. If least Bell's vireos are present, then the following conditions must be met: • Between March 15 and September 15, no construction activities shall occur within any portion of the site where Explanation of Headings: Type -Pre-Construction, Construction, Post-Construction Pre- Construction Pre- Construction/ Construction City of Carlsbad, Engineering - Public Works; Planning City of Carlsbad, Engineering - Public Works; Planning Monitoring Department = Department or Agency responsible for monitoring a particular mitigation measure Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated Remarl<s = Notes on status of ongoing mitigation measure or other infonnation Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated Page 5 of 14 Bio-1j such activities would result in noise levels exceeding 60 dBA Leq at the edge of occupied least Bell's vireo habitat. An analysis showing that construction-generated noise would not exceed 60 dBA Leq at the edge of occupied habitat must be completed by a qualified Acoustician (possessing current noise engineer license or registration), with experience monitoring noise levels for listed wildlife species) and approved by the City at least 2 weeks prior to commencement of construction activities; OR • At least 2 weeks prior to commencement of construction activities, and under the direction of a qualified Acoustician, noise attenuation measures (e.g., berms, walls) shall be implemented to ensure that construction-generated noise would not exceed 60 dBA l...,q at the edge of occupied least Bell's vireo habitat. Concurrent with commencement of construction activities and with implementation of necessary noise attenuation measures, noise monitoring 1 shall be conducted at the edge of occupied habitat to ensure that construction-generated noise does not exceed 60 dBA Leq. If the noise attenuation measures implemented are determined to be inadequate by the qualified Acoustician or Biologist, then the associated construction activities shall cease until such time that adequate noise attenuation is achieved or until the end of the breeding season (September 16). If least Bell's vireos are not detected during the preconstruction survey within areas of potential habitat that would be subject to construction noise levels exceeding 60 dBA Leq, the qualified Biologist shall provide evidence to the City and applicable regulatory agencies demonstrating whether noise attenuation measures (e.g., berms, walls) are necessary between March 15 and September 15 as follows: • If this evidence indicates the potential is high for least Bell's vireo to be present based on historical records or site conditions, then condition 1 i shall be adhered to as specified above. • If this evidence concludes that no impacts to this species are anticipated, no mitigation measures would be necessary. Pre- Construction/ Construction , Monitgr:ing Department City of Carlsbad, Engineering - Public Works; Planning Shown on Plans Exhibit EIR-8 v~~fi~d R .. H< lniplem~ntation .. ··.·. ema .. s Implementation of mitigation measures Bio-1 k through Bio-1 m shall be required for DMP components that would result in indirect impacts to the southwestern willow flycatcher, within 150 m (500 ft) of the proposed project footprint, from construction-generated noise and would reduce impacts to below a level of significance: Explanation of Headings: Type = Pre-Construction, Construction, Post-Construction Monitoring Department = Department or Agency responsible for monitoring a particular mitigation measure Shown on Plans =When mitigation measure is shown on plans, this column will be initialed and dated Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated Remarks = Notes on status of ongoing mitigation measure or other infonnation Page 6 of 14 Exhibit EIR-B ······ Monitoring 'tvPe c Monit()ring Departi)'lent .. ·· Shown an. Plans<. Verified Implementation·· 1 Remarks ... Bio-1k Bio-11 Prior to the first preconstruction meeting for each phase of the project component, the City shall verify that the following statement is included in the construction specifications: No clearing, grubbing, grading, or other construction activities shall occur within occupied southwestern willow flyeatcher habitat between May 1 and September 1 (southwestern willow flycatcher breeding season). No clearing, grubbing, grading, or other construction activities within or adjacent to unoccupied southwestern willow flycatcher habitat shall occur between May 1 and September 1 until the requirements in Bio-11 and Bio-1 m have been met to the satisfaction of the City. A qualified Biologist shall survey those wetland areas that would be subject to construction noise levels exceeding 60 dBA Leq for the presence of southwestern willow flycatcher. Southwestern willow flycatcher surveys shall be conducted a minimum of 6 weeks (within the breeding season) prior to commencement of construction. If southwestern willow flycatchers are present, then the following conditions must be met: • Between May 1 and September 1, no construction activities shall occur within any portion of the site where such activities would result in noise levels exceeding 60 dBA leq at the edge of occupied southwestern willow flycatcher habitat. An analysis showing that construction-generated noise would not exceed 60 dBA leq at the edge of occupied habitat must be completed by a qualified Acoustician (possessing current noise engineer license or registration, with experience monitoring noise levels for listed wildlife species) and approved by the City at least 2 weeks prior to commencement of construction activities; OR • At least 2 weeks prior to commencement of construction activities, and under the direction of a qualified Acoustician, noise attenuation measures (e.g., berms, walls) shall be implemented to ensure that construction-generated noise would not exceed 60 dBA leq at the edge of occupied southwestern willow flycatcher habitat. Concurrent with commencement of construction activities and with implementation of necessary noise attenuation measures, noise monitoring 1 shall be conducted at the edge of occupied habitat to ensure that construction-generated noise does not exceed 60 dBA leq. If the noise attenuation measures implemented are determined to be inadequate by Explanation of Headings: Type = Pre-Construction, Construction, Post-Construction Pre- Construction Pre- Construction/ Construction City of Carlsbad, Engineering - Public Works; Planning City of Carlsbad, Engineering - Public Works; Planning Verified Implementation =When mitigation measure has been implemented, Monitoring Department = Department or Agency responsible for monitoring a particular mitigation measure this column will be initialed and dated · Remarks = Notes on status of ongoing mitigation measure or other information Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated Paqe 7 of 14 Exhibit EIR-8 ·. Shown on. Verified IVIJtlgatlc,., Measure Monitoring Ty~ Monitoring Department Plans · Implementation .· Remarks the qualified Acoustician or Biologist, then the associated construction activities shall cease until such time that adequate noise attenuation is achieved or until the end of the breedino season (September 2). Bio-1 m If southwestern willow flycatchers are not detected during the preconstruction survey within areas of potential habitat that would be subject to construction noise levels exceeding 60 dBA leq, the qualified Biologist shall submit substantial evidence to the City and applicable regulatory agencies demonstrating whether noise attenuation measures (e.g., berms, walls) are necessary between May 1 and September 1 as follows: • If this evidence indicates the potential is high for southwestern willow flycatcher to be present based on historical records or site conditions, then measure Bio-11 shall be adhered to as specified above. • If this evidence concludes that no impacts to this species are anticipated, no mitigation measures would be necessary. Bio-1 n To identify the presence/absence of sensitive and/or native fish species within potential aquatic habitat (e.g., freshwater species such as the tidewater goby), the following measures shall be implemented: Conduct a trapping/netting study; if sensitive native fish are detected, then (1) trapping and translocation of the sensitive fish shall occur, and/or (2) exclusionary trapping shall be placed to prevent sensitive fish species from entering the area of disturbance during in-stream activitv. Bio-1o Where required, protocol-level surveys will be conducted for sensitive plant or wildlife species prior to construction of DMP Update components, as determined by the Wildlife Agencies. Bio-2a For DMP components that would result in the loss of sensitive habitats within the Coastal Zone, mitigation shall be required at ratios consistent with requirements of the HMP, including Standards 7-1 through 7-14 of Section D, and the policies and provisions of the Local Coastal Program (LCP). Bio-2b Mitigation ratios shall be consistent with the provisions of the HMP and LCP. For all projects affecting riparian and wetland habitat, habitat replacement ratios and the specific location of mitigation lands shall be determined in consultation with the Explanation of Headings: Type = Pre-Construction, Construction, Post-Construction Pre- Construction/ Construction Pre- Construction Pre- construction Pre- construction/ Post- Construction Pre- construction/ Post- Construction City of Carlsbad, Engineering - Public Works; Planning City of Carlsbad, Engineering- Public Works; Planning City of Carlsbad, Engineering - Public Works; Planning City of Carlsbad, Engineering - Public Works; Planning City of Carlsbad, Engineering - Public Works; Planning Monitoring Department = Department or Agency responsible for monitoring a particular mitigation measure Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated Remarks = Notes on status of ongoing mitigation measure or other information Shown on Plans =When mitigation measure is shown on plans, this column will be initialed and dated Page 8 of 14 Bio-3 Bio-4 Cult-1 USFWS, USAGE, and CDFG as appropriate in accordance with the requirements of the federal CWA, federal wetland policies, and the California Fish and Game Code. For DMP Update components with unavoidable impacts, the City shall demonstrate that viable wetlands can either be 1) created at a minimum ration of 1:1 within close proximity of the impact area to replace the wildlife function affected by the project, or 2) provide proof that wetland creation credits a minimum ratio of 1 :1 have been purchased at a Wildlife Agency approved bank. Consistent with the City's HMP, higher ratios will be required for impacts to high quality wetlands (e.g., occupied by listed or otherwise sensitive species) and for wetlands within the Coastal Zone. For DMP Update components where wetland creation will be necessary, construction shall not be initiated until a viable wetland creation mitigation site with long-term value is identified (and if necessary purchased by the City) and the wetland mitigation plan by the appropriate Resource Agencies. The wetland creation shall not require impacts to sensitive wildlife or vegetation communities. All mitigation lands for impacts to riparian and wetland habitats shall be in the City or MHCP plan area, as deemed appropriate by the Wildlife Agencies. As needed, surveys for state and federally listed sensitive plant species shall be conducted to complete a detennination of suitable habitat presence prior to implementation of DMP Update components. Surveys shall be conducted at a time when sensitive plant species would be most observable. At the project design stage for the DMP Update components located within key Core Areas and linkages, design measures and restoration efforts shall be required to maintain the viability of the wildlife corridors throughout Carlsbad. The following mitigation measures will be required if a proposed PLDA or non-PLDA component is located in an undeveloped area that could potentially impact significant cultural deposits, as indicated in Tables 4.11-2 and 4.11-3. In addition, for any operation and maintenance activities that will require temporary construction of an access road through previously undeveloped or undisturbed areas, the following mitigation measures will be required prior to construction. a) Preconstruction Requirements -Prior to the start of construction, a pedestrian survey shall be conducted under the supervision of a Qualified archaeologist for Explanation of Headings: Type = Pre-Construction, Construction, Post-Construction Monitoring TYPe. Pre- Construction Pre- Construction Pre- Construction Monitoring Department City of Carlsbad, Engineering - Public Works; Planning City of Carlsbad, Engineering - Public Works; Planning City of Carlsbad, Engineering - Public Works; Planning Shown on Plans; Verified Implementation Monitoring Department = Department or Agency responsible for monitoring a particular mitigation measure Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated Remarks = Notes on status of ongoing mitigation measure or other information Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated Exhibit EIR-8 Page 9 of 14 Mjtigation Measure previously undisturbed areas that have not been surveyed or adequately surveyed (e.g., the area was surveyed with outdated or non-protocol methods). The survey shall be conducted in parallel linear transects spaced no farther than 10 meters apart in undeveloped areas. 1) Cultural resources, if found during the survey, shall be photographed, mapped using a global positioning system (GPS), and recorded on the appropriate California Department of Parks and Recreation forms (DPR Form 523A/B). The forms shall be submitted to the South Coastal Information Center (SCIC) for the assignment of Primary numbers within 1 week of the survey. 2) Within 1 month of completion of the field survey, a draft letter report or technical report shall be submitted to the City for review, whether the survey is negative or positive. A final report shall be submitted within 6 weeks of receipt of the City's comments, with a copy submitted to the SCIC for their files. b) If the pedestrian survey is positive, the qualified archaeologist shall conduct an updated archival search, if needed, as well as additional detailed field testing. Local Native American groups shall be contacted for testing of prehistoric cultural resources regarding the project. Where applicable, the City will execute a Pre-Excavation Agreement with the appropriate Native American groups. 1) Prior to the start of field testing, surface artifacts and/or features shall be marked and mapped using a GPS. Testing shall be required if surface artifacts are discovered, and shall include a program of 30-cm- diameter shovel test pits (STPs) to define site boundaries and identify the potential for a substantial subsurface deposit. 2) Based on the results of the STPs, additional measures such as Test Excavation Units or mechanical trenching (for substantial historic sites) would be placed in areas with the potential for a substantial subsurface deposit, as determined by the qualified archeologist. Explanation of Headings: Type= Pre-Construction, Construction, Post-Construction Monitoring Department = Department or Agency responsible for monitoring a particular mitigation measure Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated Monitoring typ& Monitoring Department Shown on Plans ·Verified Implementation Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated Remarks = Notes on status of ongoing mitigation measure or other information Exhibit EIR-8 .. ,. . Remarks •.·· Page 10 of 14 Cult-2 Mitigj!tionjllle~sunt ···.······ :.'· 3) All excavated soils shall be screened through 1/8-inch mesh hardware cloth. On completion of the project the artifact collection, along with copies of the catalogs and the technical report, shall be permanently curated at the San Diego Archaeological Center. An updated site record shall be prepared and submitted to the SCIC. 4) Within 3 months of completion of the fieldwork, a draft technical report including evaluations and recommendations shall be prepared and submitted. The final technical report shall be submitted within 6 weeks of receipt of the City's comments. Monitoring Requirements -Construction monitoring will be required for proposed PLDA or non-PLDA DMP components that involve excavation or grading within undisturbed native soils and could potentially impact subsurface cultural deposits, as indicated in Tables 4.11-2 and 4.11-3. a) Prior to the first preconstruction meeting for the project, the Planning Director (PO) shall verify that the requirements for archaeological monitoring and Native American monitoring, if applicable, have been noted on the appropriate construction documents. The applicant shall retain a qualified archaeologist to verify that a records search has been completed and updated, as necessary, and to implement the monitoring program. At the preconstruction meeting, the archaeologist shall submit to the PO a copy of the site/grading plan that identifies areas to be monitored. b) The qualified archaeologist shall be present full-time during grading/excavation of native soils with the potential to contain buried cultural features or deposits and shall document activity via the Consultant Monitor Record. Monitoring of trenches shall include mainline, laterals, services and all other appurtenances that impact native soils one foot deeper than existing as detailed on the plans or in the contract documents. It is the construction manager's responsibility to keep the archaeological monitors up-to-date with current plans. c) In the event of a discovery, the archaeologist, or the Principal Investigator (PI) if the monitor is not qualified as Explanation of Headings: Type = Pre-Construction, Construction, Post-Construction Monitoring Type Pre- Construction/ Construction Monitoring Department City of Carlsbad, Engineering - Public Works; Planning Shown on Plans Verified Implementation Monitoring Department = Department or Agency responsible for monitoring a particular mitigation measure Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated Remarks = Notes on status of ongoing mitigation measure or other information Shown on Plans =When mitigation measure is shown on plans, this column will be initialed and dated Exhibit EIR-8 Remarks Page 11 of 14 ' ,'' a PI, shall divert, direct, or temporarily halt ground- disturbing activities in the area of the discovery to allow for preliminary evaluation of potentially significant archaeological resources. The PI shall also immediately notify the construction manager and the Planning Director of such findings at the time of discovery. 1) The significance of the discovered resources shall be assessed by the Pl. For significant archaeological resources, a Research Design and Data Recovery Program shall be prepared and implemented by the qualified archaeologist. The results of the Research Design and Data Recovery Program shall be approved by the City before ground-disturbing activities in the area of discovery shall be allowed to resume. d) If human remains are discovered, work shall halt in· that area and procedures set forth in the California Public Resources Code (Sec. 5097.98) and State Health and Safety Code (Sec. 7050.5) shall be implemented. Construction in that area shall not resume until the remains have been evaluated and conveyed to appropriate descendants or reinterred to the satisfaction of the Pl. e) The archaeologist shall notify the PO, in writing, of the end date of monitoring. The archaeologist shall be responsible for ensuring that all cultural remains collected are cleaned, catalogued, and permanently curated with an appropriate institution; that a letter of acceptance from the curation institution has been submitted to the Planning Department; that all artifacts are analyzed to identify function and chronology as they relate to the history of the area; that faunal material is identified as to species; and that specialty studies are completed, as appropriate. f) Within 3 months following the completion of monitoring, the Draft Results Report (even if negative) and/or evaluation report, if applie<;~ble, which describes the results, analysis, and conclusions of the Archaeological Monitoring Program (with appropriate graphics) shall be submitted to the Planning Director for approval. For significant archaeological resources encountered during monitoring, the Research Design and Data Recovery Explanation of Headings: Type -Pre-Construction, Construction, Post-Construction Monitoring Department = Department or Agency responsible for monitoring a particular mitigation measure Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated Mo11itoring 'Department Shown on ,'',,,'' Plans .. ,' ,', \Jeri~~d ,,'',' Implementation Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated Remarks = Notes on status of ongoing mitigation measure or other information Exhibit EIR-8 ,. Remarks <7 Page 12 of 14 • •••••• ••••• .•...• < Mitigation Measure . , ~onitoring Monitoring ·... < •.. ·.·. •• · •·· ·.· ····•· ....... • Type 1 Department Program shall be included as part of the Draft Results Report. The qualified archaeologist shall be responsible for recording (on the appropriate State of California Department of Park and Recreation forms-DPR 523 A/B) any significant or potentially significant resources encountered during the Archaeological Monitoring Program, and submitting such forms to the SCIC with the Final Results Report. Shown on Plans Verified lmplerl'lentation Exhibit EIR-8 ·Remarks The following mitigation measures shall be implemented during construction of PLDA and non-PLDA project components proposed in geologic formations with a moderate to high sensitivity for paleontological resources, including Unnamed Marine Terrace Deposits, Unnamed River Terrace Deposits, Santiago Formation, Del Mar Formation, Point Lorna Formation, Lusardi Formation, or Undifferentiated Santiago Peak Volcanics. Determination of the underlying geologic formations shall be determined during project design through existing mapping, project-specific geotechnical investigations, or other appropriate testing methods. Implementation of these measures will reduce impacts to paleontological resources to below a level of significance. Paleo-1 A monitoring program shall be prepared and implemented if excavation into intact geologic formations with moderate to high sensitivity is proposed. Components of such a monitoring program shall include, but not be limited to, the following: a) A qualified paleontological monitor shall be present at a pregrading meeting with the construction contractor and Planning Director (PO). The purpose of the meeting will be to consult and coordinate the role of the paleontologist during construction. The paleontological monitor shall have adequate knowledge and experience with fossilized remains likely to be present to identify them in the field. The paleontological monitor shall be adequately experienced to remove paleontological resources for further study. b) The paleontological monitor shall be present during the applicable stages of grading and construction (including trenching), as determined at the pregrading meeting. The paleontological monitor shall have the authority to temporarily direct, divert, or halt grading in the area of an exposed fossil to facilitate evaluation and, if necessary, salvage. At the discretion of the monitor, recovery may include washing and picking of soil samples for microvertebrate bone and teeth. Construction activities in the area of discovery shall resume upon notification by the paleontologist that fossil remains have been recovered. The City shall ensure the contractor is aware of the random nature of fossil occurrences and the possibility of a discovery of such scientific and/or educational importance that it might warrant a long-term salvage Explanation of Headings: Type = Pre-Construction, Construction, Post-Construction Pre- Construction/ Construction City of Carlsbad, Engineering - Public Works; Planning Monitoring Department = Department or Agency responsible for monitoring a particular mitigation measure Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated Remarl<s = Notes on status of ongoing mitigation measure or other information Shown on Plans =When mitigation measure is shown on plans, this column will be initialed and dated Page 13 of 14 Exhibit EIR-8 ' , ..•. , .. ' Monitoring ·'•·' < MgnitoriQg Shown on ••.•... Verified · ·. · . · ·. · ·• .. Plans ···· Implementation ···•· . Remarts; operation or preservation. All fossils collected shall be donated to a museum with a systematic paleontological collection, such as the San Diego Natural History Museum. The City shall ensure the grading contractor is aware of this provision. Conflicts regarding the role and authority of the monitor shall be resolved by the PD or his/her designee. c) Collected fossils shall be cleaned and/or prepared to a point of identification, and then curated to museum standards (cataloging of locality and specimen data, numbering, identification, labeling) before being deposited in an appropriate public facility (or facilities) that can provide permanent archival storage (so that specimens are available for future scientific study). A report detailing the mitigation and any discoveries shall be prepared and submitted to the City within 3 months following termination of the paleontological monitoring program, even if negative. The report shall include necessary maps, graphics, and fossil lists to adequately document the paleontological monitoring program. Type. Department Project Level Mitigation Measures-Agua Hedionda and Calavera Creeks Dredging and Improvements Project Bio-5 Mitigation measures listed for Bio-1a and Bio-2a and 2b shall Pre-City of Carlsbad, be implemented as applicable to address project-specific construction/ Engineering - vegetation impacts within Agua Hedionda and Calavera Post-Public Works; creeks. Construction Planning Bio-6 The project shall mitigate impacts to wetland and riparian Pre-City of Carlsbad, habitat through on-site restoration and/or wetland and riparian construction/ Engineering - habitat creation/restoration/enhancement at a ratio to be Post-Public Works; determined in coordination with the applicable resources Construction Planning agencies at the time of permitting, consistent with LCP and HMP policies and provisions, as applicable. If adequate acreage to satisfy mitigation is not available on-site and/or at the Lake Calavera Mitigation Bank, then alternative mitigation credits may be purchased from the North County Mitigation Bank, or other alternative sites deemed acceptable by the resource agencies. Bio-7a If dredging and improvement activities cannot be conducted Pre- outside the breeding season for sensitive wildlife species, then Construction prior to commencement of construction activities, a City of Carlsbad, Engineering- Public Works; Planning preconstruction survey shall be conducted by a qualified biologist to determine presence/absence of nesting birds. If nesting birds are detected on-site, vegetation removal shall be Explanation of Headings: . Type = Pre-Construction, Construction, Post-Construction Monitoring Department = Department or Agency responsible for monitoring a particular mitigation measure Shown on Plans= When mitigation measure is shown on plans, this column will be initialed and dated Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated Remarks = Notes on status of ongoing mitigation measure or other information p age 14 f14 0 MitlgatloriJIII";rsjJ~ >< M(:)nitoring Monitpri[lg Shown on Verified ... . ······· ... T <k'·type< .. · I • · beparti'Tleof' Plans , ·Implementation . ... ..... . ....... , ... · ... delayed until the chicks have fledged or the nest has failed. Bio-7b To address potential impacts to the light-footed clapper rail, a Pre-City of Carlsbad, qualified biologist shall survey the area and surrounding 500-Construction Engineering - foot buffer area for light-footed clapper rails prior to Public Works; implementation of dredging activities. There is no need to Planning survey the area upstream of El Camino Real since this area is void of suitable dapper rail habitat (freshwater marsh). If clapper rails are detected in the project area, they should be flushed, prior to the onset of any vegetation removal. Bio-7c For potential indirect impacts to least Bell's vireo, mitigation Pre-City of Carlsbad, measures Bio 1-h through Bio 1-j shall be implemented, as Construction/ Engineering - applicable. Construction Public Works; Planning Bio-7d For potential indirect impacts to southwestern willow Pre-City of Carlsbad, flycatcher, implementation mitigation measures Bio 1-k Construction/ Engineering - through Bio 1-m shall be implemented, as applicable. Construction Public Works; Planning Bio-7e To discourage sensitive species from entering active Construction City of Carlsbad, construction areas between El Camino Real and Cannon Road Engineering - bridges, a physical barrier (construction fence) shall be Public Works; installed on the downstream side of Cannon Road before Planning dredging or vegetation removal commences. The barrier would be removed once the construction activity has ceased on the south side of El Camino Real. Explanation of Headings: Type= Pre-Construction, Construction, Post-Construction Monitoring Department == Department or Agency responsible for monitoring a particular mitigation measure Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated Remarks = Notes on status of ongoing mitigation measure or other information Shown on Plans= When mitigation measure is shown on plans, this column will be initialed and dated E h"b"t EIR B X I I - ••• Remarks l Exhibit "EIR-C" to Planning Commission Resolution 6376 January 16, 2008 Recommended Text Changes to Final Environmental Impact Report EIR 04-02 (Bold, italicized, and underlined words indicate text to be added and strikethrough words indicate text to be deleted) 3.4 PROJECT LEVEL PROJECT DESCRIPTION In addition to the program level analysis of project components that are currently at a preliminary stage of design, some components identified with the DMP Update are at a point in the design process that enables a project level analysis. The City has identified and initiated design oftwo DMP Update components, B and BN, also collectively known as the Agua Hedionda and Calavera Creeks Dredging and Improvements Project. These components are evaluated at a project level in this document. The City proposes to conduct drainage infrastructure modifications and improvements along Agua Hedionda and Calavera creeks to provide enhanced flood protection for the residential community of Rancho Carlsbad, an existing residential mobile home community located east of El Camino Real and south of Cannon Road, in the northeastern section of Carlsbad. Over 50 percent of the homes in Rancho Carlsbad are located within the existing limits ofthe 100-year floodplain and could be subject to flood damage during a major storm event. Within the DMP Update, the Agua Hedionda Creek project components are included as Project B, and the Calavera Creek project components are included as Project BN. Projects Band BN are farther along in the design process, and therefore a sufficient level of detail is available to evaluate these projects at a project level within this EIR. Projects B and BN have both PLDA and non-PLDA elements, as shown in Tables 3-3 and 3-4, respectively, and described in more detail below. Together, Projects B and BN would reduce flooding in the Rancho Carlsbad residential community by improving the capacity of Agua Hedionda and Calavera creeks, within Rancho Carlsbad, to contain a 1 00-year flood event (all but approximately a maxiffil:lm of nine lots would be alleviated from inundation during a 1 00-year flood event). 3.4.2 Project Background The improvements to Agua Hedionda and Calavera creeks are an integral part of the DMP Update and are essential components of the flood control and protection measures outlined for the city. Based on visual inspections and preliminary engineering, the overall channel conveyance capacity of Agua Hedionda Creek has been reduced through the deposition of 4 to 6 feet of sediment accumulated over the 36 years since the original construction of the channel, creating a backwater effect within the Calavera Creek conveyance. This reduces the conveyance capacity of Calavera Creek. Localized scour along Calavera Creek banks has threatened to undermine residential foundations during heavy storm events. Several homeowners have installed revetment walls (constructed of treated lumber and steel "I-beams") and/or rock slope protection to protect their homes from damage during heavy storm events. Approximately maKimum of nine units would Exhibit "EIR-C" to Planning Commission Resolution 6376 January 16, 2008 partially remain subject to inundation during a 1 00-year flood event following implementation of the proposed DMP Update. The All aiae units that would partially remain in the 1 00-year floodplain under the proposed scenario are on elevated foundations that would raise their first-floor elevation above the 1 00-year floodplain level. Long-term maintenance of both creeks is also proposed to maintain flood protection levels in Rancho Carlsbad. 7.1.2 Project Level Following the 1996 amendment to the MDSQMP to include Agua Hedionda Creek as a PLDA project (see Section 3.1.1), the City contracted Rick Engineering Company to conduct a study to evaluate various design alternatives to achieve 1 00-year flood capacity in Agua Hedionda and Calavera creeks (Rick Engineering Company 2004). The design alternatives considered various combinations of the following actions: improvements to Calavera Dam and the existing BJB Basin, construction of new detention basins (referred to as Melrose, Faraday, and BJ in the Rick Engineering Company report), and channel improvements and dredging within Agua Hedionda Creek. Dredging and maintenance within Calavera Creek were not considered as part of these alternatives. These alternatives were ultimately rejected, however, because they did not provide 1 00-year flood protection for as many lots as feasible (compared to the proposed DMP Update components, which would alleviate all but approximately nine lots from inundation during a 100-year flood event}. Appendix F-Response to Comments L3-49 The City does not intend to acquire any lots with private residents for habitat preservation purposes. The primary objective of the dredging and improvements to Agua Hedionda and Cal avera creeks is to provide 1 00-year flood protection to the maximum number of lots as feasible and practicable. In this case, all but approximately 9 lots would receive protection from a 1 00-year flood event. Final EIR for City of Carlsbad Drainage Master Plan Update dated December 1, 2007 available in the Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, and at http://www.carlsbadca.gov 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 6379 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 06-04 TO ALLOW DREDGING AND IMPROVEMENTS FOR ENCHANCED FLOOD CONTROL ON A PORTION OF AGUA HEDIONDA CREEK IN THE COASTAL ZONE THAT IS BETWEEN THE EL CAMINO REAL BRIDGE AND THE DOWNSTREAM SIDE OF THE CANNON ROAD BRIDGE IN LOCAL FACILITIES MANAGEMENT ZONES 8 AND 24. CASE NAME: AGUA HEDIONDA AND CALA VERA CREEKS CASE NO.: CDP 06-04 WHEREAS, City of Carlsbad, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Carlsbad Canterbury Association and Evans Point Homeowners Association, "Owners," with easements granted or dedicated to the City of Carlsbad for road, drainage, open space, sewer, and maintenance purposes and described as A portion of Lot 148 of City of Carlsbad Tract No 96-07, Kelly Ranch Village E, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13715, as filed in the Office of the County Recorder of San Diego County on December 31, 1998, and; a portion of Lot 195 of City of Carlsbad Tract No. 91-3, Evans Point, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13189, as filed in the Office of the County Recorder of San Diego County on February 10, 1995 ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits A - H dated January 16, 2008, on file in the Planning Department, AGUA HEDIONDA AND CALA VERA CREEKS -CDP 06-04, as provided by Chapter 21.201.040 ofthe Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on January 16, 2008, hold a duly noticed public hearing as prescribed by law to consider said request; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CDP. 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 Commission APPROVES AGUA HEDIONDA AND CALA VERA CREEKS -CDP 06-04 based on the following findings and subject to the following conditions: Findings: 1. 2. 3. That the proposed development is in conformance with the Certified Local Coastal Program (LCP) and all applicable policies in that it is the intent of the LCP to allow implementation of drainage projects that are part of the City's drainage master planning program. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project involves dredging of existing creeks that are not navigable, used for recreation or bordered by public trails or recreation areas. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan (as well as the proposed Drainage Master Plan Update), Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes are located on the subject property and the site is not located in an area prone to landslides. To enhance flood control, the project does propose removal of native vegetation and construction of improvements within a floodway; however, the existing Local Coastal Program requires storm drainage facilities in developed areas to be improved and enlarged according to the City's existing Master Drainage Plan and thus it is the intent of the LCP to allow implementation of drainage projects that are part of the City's drainage master planning program. Furthermore, LCP Policy 3- 1. 7(a)(5) permits impacts to wetlands for dredging required for public service purposes and there is no feasible alternative to dredging the area between the El Camino Real and Cannon Road bridges (the portion of the project within the Coastal Zone) that would provide flood protection to Rancho Carlsbad to the extent feasible and restore 100-year flood capacity in the creeks. Finally, impacts to wetlands would be mitigated to a level of insignificance, and the portion of the project within the Coastal Zone is not part of a Habitat Management Plan Hard line Preserve. PC RESO NO. 6379 -2- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. 6. Natural vegetation would be retained as much as possible, such as along creek banks. Additionally, on-site mitigation could potentially occur on the creek banks, where feasible, to restore natural vegetation in place of existing exotic or ornamental vegetation. Further, the long-term maintenance plan would promote the growth of native vegetation on the creek bank where appropriate and discourage establishment of invasive exotic, nonnative, and ornamental vegetation via maintenance activities. Implementation of the project's Stormwater Pollution Prevention Program and long-term maintenance plan would be consistent with requirements of LCP policies 4-5 (erosion control) and 4-6 (sediment control). This Coastal Development Permit has been submitted following the City's issuance of an emergency Coastal Development Permit on February 6, 2006, to permit emergency dredging of the project portion of Agua Hedionda Creek within the Coastal Zone. Mitigation for biological impacts associated with the emergency work have been or will be mitigated separately from this Coastal Development Permit. Subject to the conditions of approval, this Coastal Development Permit also permits improvements and dredging beyond those accomplished by the emergency permit and includes a long term maintenance plan for creek dredging and enhanced flood control on a permanent basis. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or start of construction, whichever occurs first. 1. 2. 3. 4. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Coastal Development Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are PC RESO NO. 6379 -3- 2 3 4 5 6 7 8 9 IO II I2 I3 I4 I5 I6 I7 I8 I9 20 2I 22 23 24 25 26 27 28 5. 6. 7. 8. 9. IO. II. I2. challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Coastal Development Permit 06-04, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even ifthe City's approval is not validated. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). This project shall comply with all conditions and mitigation measures which are required as part of the Zones 8 and 14 Local Facilities Management Plans and any amendments made to that Plan prior to the issuance of grading permits. This approval is granted subject to the certification, adoption, and approval of the Environmental Impact Report (EIR 04-02) and Mitigation Monitoring and Reporting Program, SUP 06-02 and HMPP 06-03, and is subject to all conditions contained in Planning Commission Resolutions No. 6376, 6380, and 6381 for those other approvals incorporated herein by reference. Developer shall implement, or cause the implementation of, the EIR 04-02 Project Mitigation Monitoring and Reporting Program. This approval shall become null and void if grading permits are not issued or construction is not started for this project within 24 months from the date of project approval. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. If a grading permit is required, all grading activities are prohibited from (February I st for gnatcatcher or March 15 for vireo) to (September 15th for gnatcatcher or vireo). All erosion control measures must be installed prior to the initial grading. Any grading extensions into the grading prohibition period must receive written approval of the Planning Director, City Engineer, and the responsible wildlife agencies (California Department ofFish and Game/United States Fish and Wildlife Service). PC RESO NO. 6379 -4- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. 14. 15. Long term maintenance of the project portion of Agua Hedionda Creek is approved and shall occur according to the (1) "Monitoring and Maintenance Plan for Agua Hedionda and Calavera Creeks Dredging and Improvements Project" contained in Appendix B of the Final EIR 04-02; (2) the Mitigation Monitoring and Reporting Program; and (3) these conditions of approval. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy # 17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zones 8 and 14, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. Prior to the issuance of the Coastal Development Permit, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Coastal Development Permit by Resolution No. 6379 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. PC RESO NO. 6379 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on January 16, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JULIE AKE , Chairperson Chairperson Baker, Commissioners Boddy, Dominguez, Douglas, Montgomery, and Whitton Commissioner Cardosa CARLSB PLANNING COMMISSION ATTEST: ~Lt DONNED Planning Director PC RESO NO. 6379 -6- 2 3 4 5 6 7 8 9 10 II I2 I3 I4 I5 I6 I7 I8 I9 20 2I 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 6380 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FLOODPLAIN SPECIAL USE PERMIT TO ALLOW DREDGING AND IMPROVEMENTS FOR ENCHANCED FLOOD CONTROL ON PORTIONS OF CALAVERA AND AGUA HEDIONDA CREEKS ON PROPERTY GENERALLY LOCATED AT AND NEAR THE INTERSECTION OF EL CAMINO REAL AND CANNON ROAD AND IN A PORTION OF RANCHO CARLSBAD IN LOCAL FACILITIES MANAGEMENT ZONES 8, 14, 15, AND 24. CASE NAME: AGUA HEDIONDA AND CALA VERA CREEKS CASE NO: SUP 06-02 WHEREAS, City of Carlsbad, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Carlsbad Canterbury Association, Evans Point Homeowners Association, Calavera Hills II LLC, and the multiple owners of the Rancho Carlsbad residential community, "Owners," with easements granted or dedicated to the City of Carlsbad for road, drainage, open space, sewer, and maintenance purposes and described as A portion of Lot 148 of City of Carlsbad Tract No 96-07, Kelly Ranch Village E, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13715, as filed in the Office of the County Recorder of San Diego County on December 31, 1998; a portion of Lot 195 of City of Carlsbad Tract No. 91-3, Evans Point, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13189, as filed in the Office of the County Recorder of San Diego County on February 10, 1995; a portion of Parcel 1 of City of Carlsbad Minor Subdivision 96-08 in the City of Carlsbad County of San Diego, State of California, according to Parcel Map 17985, as filed in the Office of the County Recorder of San Diego County on February 4, 1998, and; Parcel 2 and a portion of the remainder parcel of City of Carlsbad Minor Subdivision 92-01, Robertson Ranch, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 19804, as filed in the Office of the County Recorder of San Diego County on August 3, 2005 ("the Property"); and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, said verified application constitutes a request for a Floodplain Special Use Permit [Amendment] as shown on Exhibits "A"-"H" dated January 16, 2008, on file in the Planning Department, AGUA HEDIONDA AND CALA VERA CREEKS-SUP 06- 02, as provided by Chapter 21.11 0 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on January 16, 2008, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Floodplain Special Use Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission ofthe 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 Commission APPROVES AGUA HEDIONDA AND CALAVERA CREEKS-SUP 06-02, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. The site is reasonably safe from flooding in that while the project proposes construction in a floodplain, construction is temporary and designed to enhance flood protection of existing creeks, thereby increasing the safety from flooding of the Rancho Carlsbad residential community. The project as proposed has been designed to minimize the flood hazard to the habitable portions of the structure in that while no habitable structures are proposed, the project would result in removing all but nine of the current 278 Rancho Carlsbad homes from being subject to inundation during a 100-year storm event. The proposed project does not create a hazard for adjacent or upstream properties or structures in that the proposed project would remove nearly 270 homes in the Rancho Carlsbad residential community from the threat of flooding during a 100-year storm event. PC RESO NO. 6380 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. 6. 7. The proposed project does not create any additional hazard or cause adverse impacts to downstream properties or structures in that immediately below the project, Agua Hedionda Creek opens to a wide undeveloped floodplain that extends to Agua Hedionda Lagoon. The proposed project does not reduce the ability of the site to pass or handle a base flood of 1 00-year frequency in that the project would increase the ability of Agua Hedionda and Calavera creeks to pass floodwaters of such frequency. The proposed project taken together with all the other known, proposed, and anticipated projects will not increase the water surface elevation of the base flood more than one foot at any point in that the proposed project will dredge and improve Agua Hedionda and Calavera creeks, thereby lowering and widening the creeks and increasing their floodwater capacity. All other required state and federal permits have been or will be obtained prior to issuance of permits for grading, dredging or construction of the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or start of construction, whichever occurs first. 1. 2. 3. 4. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Special Use Permit. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Special Use Permit document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. PC RESO NO. 6380 -3- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. 11. 12. 13. This approval is granted subject to the certification, adoption, and approval of the Environmental Impact Report (EIR 04-02) and Mitigation Monitoring and Reporting Program, CDP 06-04 and HMPP 06-03, and is subject to all conditions contained in Planning Commission Resolutions No. 6376, 6379, and 6381 for those other approvals incorporated herein by reference. Developer shall implement, or cause the implementation of, the EIR 04-02 Project Mitigation Monitoring and Reporting Program. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Special Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. Developer shall submit to the Planning Director a reproducible 24" x 36," mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). This project shall comply with all conditions and mitigation measures which are required as part of the Zone 8, 14, 15, and 24 Local Facilities Management Plans and any amendments made to those Plans prior to the issuance of grading permits. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities. Long term maintenance of the project portions of Agua Hedionda and Calavera creeks is approved and shall occur according to the (1) "Monitoring and Maintenance Plan for Agua Hedionda and Calavera Creeks Dredging and Improvements Project" contained in Appendix B of the Final EIR 04-02; (2) the Mitigation Monitoring and Reporting Program; and (3) these conditions of approval. This approval shall become null and void if grading permits are not issued or construction is not started for this project within 24 months from the date of project approval. PC RESO NO. 6380 -4- 2 3 4 5 6 7 8 9 IO II I2 I3 I4 I5 I6 I7 I8 I9 20 2I 22 23 24 25 26 27 28 Engineering I4. I5. I6. I7. I8. I9. 20. Developer shall dredge and construct improvements in the Agua Hedionda and Calavera Creek channels per the approved Site Plan to restore channel capacities and remove adjacent properties from flood hazard areas per FEMA regulations to the satisfaction of the City Engineer. Prior to issuance of grading permits or start of construction, Developer shall submit the necessary technical studies and documentation to the City Engineer to process a Conditional Letter of Map Revision (CLOMR) through FEMA to adjust regulatory floodplain limits. At the conclusion of the project, Developer shall process and receive approval of a Letter of Map Revision (LOMR) from FEMA to finalize adjustment ofthe regulatory floodplain limits. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. Prior to the start of construction activities, Developer shall obtain receipt of a Notice of Intention from the State Water Resources Control Board. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit and the City's Standard Urban Storm Water Mitigation Plan (SUSMP). Prior to start of construction activities, Developer shall prepare a "Storm Water Pollution Prevention Plan (SWPPP)" in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. PC RESO NO. 6380 -5- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on January 16, 2008 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Baker, Commissioners Boddy, Dominguez, Douglas, Montgomery, and Whitton Commissioner Cardosa ,~-~ JULIE , Chairperson CARLu""""""""""'LANNING COMMISSION ATTEST: ~~ DONNEU Planning Director PC RESO NO. 6380 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 6381 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HABIT AT MANAGEMENT PLAN PERMIT TO ALLOW IMP ACTS ON NATIVE HABITATS FOR DREDGING AND IMPROVEMENTS FOR ENCHANCED FLOOD CONTROL ON PORTIONS OF CALA VERA AND AGUA HEDIONDA CREEKS ON PROPERTY GENERALLY LOCATED AT AND NEAR THE INTERSECTION OF EL CAMINO REAL AND CANNON ROAD AND IN A PORTION OF RANCHO CARLSBAD IN LOCAL FACILITIES MANAGEMENT ZONES 8, 14, 15, AND 24. CASE NAME: AGUA HEDIONDA AND CALA VERA CREEKS CASE NO: HMPP 06-03 WHEREAS, City of Carlsbad, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Carlsbad Canterbury Association, Evans Point Homeowners Association, Calavera Hills II LLC, and the multiple owners of the Rancho Carlsbad residential community, "Owners," with easements granted or dedicated to the City of Carlsbad for road, drainage, open space, sewer, and maintenance purposes and described as A portion of Lot 148 of City of Carlsbad Tract No 96-07, Kelly Ranch Village E, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13715, as filed in the Office of the County Recorder of San Diego County on December 31, 1998; a portion of Lot 195 of City of Carlsbad Tract No. 91-3, Evans Point, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13189, as filed in the Office of the County Recorder of San Diego County on February 10, 1995; a portion of Parcel 1 of City of Carlsbad Minor Subdivision 96-08 in the City of Carlsbad County of San Diego, State of California, according to Parcel Map 17985, as filed in the Office of the County Recorder of San Diego County on February 4, 1998, and; Parcel 2 and a portion of the remainder parcel of City of Carlsbad Minor Subdivision 92-01, Robertson Ranch, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 19804, as filed in the Office of the County Recorder of San Diego County on August 3, 2005 ("the Property"); and 2 3 4 5 6 7 8 9 IO II I2 I3 I4 I5 I6 I7 I8 I9 20 2I 22 23 24 25 26 27 28 WHEREAS, the City of Carlsbad has received authorization to issue permits to impact various sensitive species and habitats, including species listed as Threatened or Endangered, by virtue of Incidental Take Permit No. TE022606-0 from the U.S. Fish and Wildlife Service and Natural Community Conservation Planning Permit No. 2835-2004-00I-05; and WHEREAS, the authority stated above is based on a plan titled Habitat Management Plan for Natural Communities in the City of Carlsbad, Final Approval November 2004, referred to as the HMP, and approval of all projects is contingent on a finding of consistency with the HMP; and WHEREAS, said verified application by Developer constitutes a request for a Habitat Management Plan Permit pursuant to the City's authority as contained in Chapter 21.2I 0 of the Zoning Ordinance, on file in the Planning Department; and WHEREAS, the Planning Commission did on January 16, 2008, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Habitat Management Plan Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) C) That the AGUA HEDIONDA AND CALA VERA CREEKS project 1s consistent with the HMP as described in the following findings. That based on the evidence presented at the hearing, the Commission APPROVES the Habitat Management Plan Permit, HMPP 06-03, for the AGUA HEDIONDA AND CALA VERA CREEKS project based on the following findings and subject to the following conditions: PC RESO NO. 638I -2- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findings: 1. 2. 3. 4. 5. 6. That the Agua Hedionda and Calavera Creeks project is shown in Figure 28 of the approved HMP as "development area" east of El Camino Real and "development area" and "existing Hardline Preserve area" west of El Camino Real. However, the portion of the creek shown as within the existing Hardline Preserve area is actually not in a Hardline Preserve based on a detailed examination of recorded documents affecting the area. That authorization to take species of concern, through the take of 0.08 acre of Willow Riparian Forest, is subject to continuous compliance with all provisions of the Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP), the Citywide Incidental Take Permit issued for the HMP, the Implementing Agreement, the Terms and Conditions of the Incidental Take Permit, and the Biological Opinion. Biological impacts associated with the 2006 emergency dredging of Agua Hedionda and Calavera creeks are mitigated separately from those impacts associated with the project. That authorization to take species of concern is subject to continuous compliance with all mitigation measures as stated in the Mitigation Monitoring and Reporting Program for EIR 04~02 as contained in Planning Commission Resolution 6376 and is subject to all conditions contained in Planning Commission Resolutions No. 6376, 6379 and 6380 for those other approvals, including but not limited to recordation of conservation easements over all conserved areas and management and monitoring in perpetuity by a qualified conservation entity. That authorization to take species of concern is subject to continuous compliance with the provisions of Volumes I, II and III of the Multiple Habitat Conservation Program and the Final Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area (SCH No. 93121073). That all impacts to habitat and all take of species will be incidental to otherwise lawful activities related to construction, operation, and maintenance of the Agua Hedionda/Calavera Creeks project in that the dredging and improvements to enhance the flood control capabilities of existing drainage facilities are acceptable activities and are subject to approval of all required permits before work occurs. The development project complies with the purpose and the intent provisions of Carlsbad Municipal Code Section 21.210.10 in that the Agua Hedionda and Calavera Creeks project is consistent with (a) the General Plan Land Use and Public Safety Elements because the General Plan authorizes existing drainage infrastructure and planned capacity improvements to support all designated land uses in the city and establishes policies to provide flood protection to developed areas; (b) the Open Space and Conservation Element in that impacts to sensitive habitat are mitigated to a level of insignificance and are avoided if possible; (c) the Habitat Management Plan in that the project proposes appropriate design features and mitigation measures as identified in the Final EIR 04~02 to reduce biological impacts to a level of insignificance. PC RESO NO. 6381 ~3~ I 2 3 4 5 6 7 8 9 IO II I2 I3 14 15 I6 I7 I8 I9 20 7. 8. 9. I 0. That the project design as approved by the City of Carlsbad has avoided and minimized impacts to wildlife habitat and species of concern to the maximum extent practicable. Specifically, (a) there is no feasible alternative to dredging the creeks or impacting wetlands that would provide flood protection to Rancho Carlsbad to the extent feasible and restore 100-year flood capacity in the creeks; (b) all biological impacts can be reduced to a level of insignificance through mitigation measures that require among other things, best management practices to limit indirect temporary impacts due to construction (e.g., dust, noise, water quality) and creation/restoration/and enhancement of wetland and riparian habitat; (c) natural vegetation would be retained as much as possible, such as along creek banks; (d) on-site mitigation could potentially occur on the creek banks, where feasible, to restore natural vegetation in place of existing exotic or ornamental vegetation; (e) the long-term maintenance plan would promote the growth of native vegetation on the creek bank where appropriate and discourage establishment of invasive exotic, nonnative, and ornamental vegetation via maintenance activities; (f) the majority of the project is in area the Habitat Management Plan indicates is "developed area" and none of the project is in a Hardline Preserve Area, and: (g) the project is consistent with Local Coastal Program polices, including those regarding wetland impacts, vegetation preservation, and sediment and erosion control. That adequate funding has been provided to address changed circumstances and adaptive management needs that may be reasonably anticipated in the future, consistent with the HMP Implementing Agreement. That the incidental take of species of concern as a result of the project will not appreciably reduce the likelihood of survival and recovery of the species in the wild due to compliance with all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife agencies and the public. That the Planning Director is authorized to sign the Take Permit. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 2I grading permit or start of construction, whichever occurs first. 22 23 24 25 26 27 28 I. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Habitat Management Plan Permit. PC RESO NO. 638I -4- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. 5. 6. 7. 8. 9. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Habitat Management Plan Permit documents, as necessary, to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Habitat Management Plan Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. This approval is granted subject to the certification, adoption, and approval of the Environmental Impact Report (EIR 04-02) and Mitigation Monitoring and Reporting Program, CDP 06-04 and SUP 06-02, and is subject to all conditions contained in Planning Commission Resolutions No. 6376, 6379, and 6380 for those other approvals incorporated herein by reference. Developer shall implement, or cause the implementation of, the EIR 04-02 Project Mitigation Monitoring and Reporting Program. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 8, 14, 15, and 24 Local Facilities Management Plans and any amendments made to those Plans prior to the issuance of grading permits. This approval shall become null and void if grading permits are not issued or construction is not started for this project within 24 months from the date of project approval. 10. As a condition of this approval; applicant must comply with the requirements of all regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. Pursuant to Government Code section PC RESO NO. 6381 -5- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. 12. 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140, 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 thereof, in accordance with the City's adopted Habitat Management Plan. Prior to issuance of a grading permit or clearing of any habitat, whichever occurs first, the Developer shall take the following actions to the satisfaction of the Planning Director in relation to the open space lot(s) which are being conserved for natural habitat in conformance with the City's Habitat Management Plan: a. Select a conservation entity, subject to approval by the City, that possesses qualifications to manage the open space lot(s) for conservation purposes. b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring ofthe open space lot(s) in perpetuity in accordance with the requirements of the North County Multiple Habitats Conservation Plan and the City's Open Space Management Plan. c. Based on the results of the PAR, provide a non-wasting endowment or other financial mechanism acceptable to the Planning Director and conservation entity, if any, in an amount sufficient for management and monitoring of the open space lot(s) in perpetuity. d. Record a Conservation Easement over the open space lot(s). e. Prepare a Preserve Management Plan which will ensure adequate management of the open space lot(s) in perpetuity. Long term maintenance of the project portions of Agua Hedionda and Calavera creeks is approved and shall occur according to the (1) "Monitoring and Maintenance Plan for Agua Hedionda and Calavera Creeks Dredging and Improvements Project" contained in Appendix B of the Final EIR 04-02; (2) the Mitigation Monitoring and Reporting Program; and (3) these conditions of approval. PC RESO NO. 6381 -6- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions ofwhich you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on January 16, 2008 by the following vote, to wit: AYES: NOES: ABSENT: , Chairperson Chairperson Baker, Commissioners Boddy, Dominguez, Douglas, Montgomery, and Whitton Commissioner Cardosa ._. __ . ...,ANNING COMMISSION ATTEST: DONNED Planning Director PC RESO NO. 6381 -7- Board of Directors Mike Metts Chairman Mike Howes Vice-Chair Brian Dugan Treasurer Maureen Simons Secretary Jim Brubaker. Kori Dolkas John Helmer Rick Lemmo Eric Munoz Diane Richards R.ebecca Richards Dee Sodano Tim Sisk Amber Starbuck Tabitha Whipple Staff Lisa Rodman Executive DirBctor Lauren Biggie Educational Programs Coordinator Lisa Rimbach Educational Program - Community Relations Donna Spiegel Operations Manager Cindy Goodger Admlnistratlye Assistant Carlsbad Planning Commission 1200 Carlsbad Village Drive Carlsbad, CA 92008 ITEM NO.2 April3, 2013 RE: EIR -4-02(A)/CDP 06-04 xl(A)/SUP 06-02 xl(A)-Agua Hedionda & Calavera Creeks Dear Commission: The Agua Hedionda Lagoon Foundation has reviewed the staff report for the proposed Aqua Hedionda & Calavera Creeks dredging and bank stabilization project a members of oqr Board has discussed the proposed project with Sherri Howard and Pam Drew. We would like to go on record as supporting the proposed project which is a revision to the previously approved project which our Foundation also supported. We believe that the proposed project will reduce a serious flood hazard within the Rancho Carlsbad Mobile Home Park while improving the overall quality of the water that will be flowing into Agua Hedionda Lagoon from the Agua Hedionda & Calavera Creeks. Sincerely, Mike Metts President Agua Hedionda Lagoon Foundation cc Don Neu Pam Drew Sherry Howard AHLF Board ofDirectors Pam Drew From: Sent: Diane Cottingham <dianecottingham@comcast.net> Monday, April 01,2013 5:47PM To: Pam Drew Cc: Sherri Howard Subject: Re: Aqua Hedionda & Calavera Creeks Hi Pam & Sherri -- Sorry I cannot meet--just arrived New Orleans this evening. I want my comments filed with the April 3 hearing records & in my absence, to be presented as tho I were there. On Apr 1, 2013, at 10:56 AM, Pam Drew wrote: >Good morning Keneth, > Thanks, Ken Cottingham > I just received your e-mail as I was out of the office last Thursday >and Friday. Sherri Howard and I are more than glad to review the plans >with you prior to this Wednesday's Planning Commission meeting. Please >let us know your availability and we can schedule a meeting. > >Thank you, > >-----Original Message----- > From: Diane Cottingham [mailto:dianecottingham@comcast.net] >Sent: Friday, March 29, 2013 4:19PM >To: Pam Drew >Subject: Aqua Hedionda & Calavera Creeks > >NOTICE OF PUBLIC HEARING, WED. APR I 3, 2012@ CITY COUNCIL >CHAMBERS > >Request to review that section of Calavera Creek construction as >contemplated into the present plan for the following analysis: > > 1) The flood plain has been changed by completed construction of >water flow construction improvements and water flow policies in effect >upstream of Aqua Hedionda Creek and no longer requires changes to the >existing channel of Cal avera Creek. Will the 100-year level require >reconstructing any of Calavera Creek as of year > 2013 improvements that have been made? > > 2) Existing fauna and flora in the drainage channel of Calavera >Creek will be adversely affected by any construction in the drainage >area and will be irreparable for future decades as .it now exists. > > 3) Access to Calavera Creek between the residences and the Wall of 1 > Rancho Carlsbad during construction, must be by the existing roadway, >north of the wall, and will require mobile lifting devices using the >old roadway north of the wall. The existing power line in the same >area will require removal so as to lift men and equipment, materials >over the existing masonry wall of Rancho Carlsbad. Such provisions >must be included in the construction documents, and only if the creek >requires reconstruction. > > 4) Future notices should include: > a) Creek names on the maps and those nine lots that will remain in >the flood plain after proposed construction is completed should be >marked > b) Cross sections of typical creek improvements, on both creeks, >showing existing and proposed conditions. Should include areas not > protected from a 100-year storm as well as a typical cross >section where protection will solve flooding in a 100-year storm > c) Removal of the 'not to scale' and removal ofthe enlarged north > arrow to provide cross-section detail > > Respectfully submitted, > > Kenneth E Cottingham PE > 5152 Don Rodolfo Drive > Carlsbad, CA 92010 > 760-804-6217 > > > 2