HomeMy WebLinkAboutGPA 06-09; Muroya Subdivision; General Plan Amendment (GPA) (11)Page 1 of 9
PROJECT NAME: Muroya Subdivision
FILE NUMBERS: GPA 09-09/ZC 06-08/SP 2030/LCPA 09-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02
APPROVALDATE: ~Ju~n~e~2~2~20~1~0~----------------------
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
Bill3180 (Public Resources Code Section 21081.6).
Mitigation Measure Monitoring Type
1. To offset the conversion of non-prime agricultural land Prior to
to urban land uses per the requirements of the Mello II recordation of
Segment of the City of Carlsbad Local Coastal the final map or
Program, the applicant shall provide payment of an issuance of a
agricultural conversion mitigation fee, the amount of grading permit
which shall not be less than $10,000 for each net
converted acre (7.90 acres) of non-prime agricultural
land.
2. Prior to recordation of the final map, mitigation for Prior to
impacts to 1.56 acres of Group-F Disturbed Lands shall recordation of
be mitigated by payment of an in-lieu mitigation fee. the final map
3. The project applicant shall dedicate on the Final Map Prior to
and record an open space and conservation easement recordation of
over Open Space Lot 4 to prohibit any encroachment, the final map
development, grading, or alterations.
Explanation of Headings:
Type -Project, ongoing, cumulative.
Monitoring Dept. = 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
Department
Planning
Planning
Planning
Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated.
Remarks =Area for describing status of ongoing mitigation measure, or for other information.
RD -Appendix P.
Shown on Verified Remarks Plans Implementation
Agricultural
~~ mitigation fee
1t.l 11 \'1-"'~ of $79,000
was paid on
11/14/2011.
Paid through AS grading ,-z..f" /'1-D' 3 permit
GR110008
~s f,.G, I ,_.o 13
Shown on
sheet 4 of ,,! nl '1-ol'> \'I.·~ 1 I map no.
15846
Page 2 of 9
Mitigation Measure
4. Prior to recordation of the Final Map a regevetation plan
must be submitted to and approved by the Planning
Director to mitigate the loss of 0.29 acres of Southern
Maritime Chaparral (SMC) by restoring 0.87 acres (3: 1
ratio) onsite and preserve the 5.1 acres of remaining
SMC on Open Space lot 4. The applicant shall also
mitigate for the loss of 0.27 acres of Southern Mixed
Chaparral by restoring 0.27 acres (1:1 ratio) onsite and
preserve the remaining 0. 77 acres of Southern Mixed
Chaparral on Open Space Lot 4.
5. 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, which 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 of the 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.
Explanation of Headings:
Type-Project, ongoing, cumulative.
Monitoring Type
Prior to
recordation of
the final map
Prior to
recordation of
the final map or
prior to issuance
of a grading
permit,
whichever
occurs first
Monitoring Dept. = 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
Department
Planning
Planning
Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated.
Remarks= Area for describing status of ongoing mitigation measure, or for other information.
RD-Appendix P.
Shown Verified
on Plans Implementation
~<; ~s \1-1'''1.0'~ \t,j "' 1)>1;
Remarks
Submitted
through final
landscape
plans.
a. San Diego
Habitat
Conservancy
has been
selected.
b. PAR was
prepared on
11/7/2011 by
the San Diego
Habitat
Conservancy
c. A non-
wasting
endowment of
$327,461.68
has been
provided for
management
and
monitoring.
Page 3 of 9
Mitigation Measure Monitoring Type
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.
6. Prior to recordation of the final map, the Developer shall Prior to
dedicate an open space easement over the 20 ft. wide recordation of
habitat buffer area to prohibit any encroachment, the final map
development, grading, or alterations, except for fuel
modification to Zone 3 to a maximum of 20 feet for
upland and non-riparian habitat.
7. No clearing, grubbing, grading or other construction Prior to issuance
activities shall occur onsite during the avian nesting of a grading
season (February 15 through August 30), unless a permit.
qualified biologist confirms, through a documented
survey immediately prior to clearing activities, that no
nesting gnatcatchers or other sensitive bird species will
be impacted.
Explanation of Headings:
Type = Project, ongoing, cumulative.
Monitoring Dept. = 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
Department
Planning
Planning
Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated.
Remarks= Area for describing status of ongoing mitigation measure, or for other information.
RD-Appendix P.
Shown on Verified Remarks
Plans lmolementation
d. Open space
easement
recorded on
map no. 15846.
e. Preserve
management
Plan prepared
by Dudek in
July 2011.
~s Open space
~'7 \ 1--o\',
easement I ..... , :, shown on map ,-vj II 1'!)11 no. 15846.
Monitored
p.~ -; during
l ol
construction.
I '(...I'' ,_. Project
complied.
Page 4 of 9
Mitigation Measure
8. Construction noise that could affect migratory songbirds
and other species associated with the sensitive habitat
area shall be avoided. In order to ensure compliance,
grading shall be avoided during the avian nesting
season (February 15 through August 30). If a grading
permit is required, this restriction can be waived by the
City of Carlsbad, with concurrence from the Wildlife
Agencies (USF&W, CDF&G), upon completion of a
breeding/nesting bird survey in accordance with the
Migratory Bird Treaty Act. If nests are present, no
grading or removal of habitat may take place within 500
feet of active nesting sites during the nesting/breeding
season (February 15 through August 31). A buffer zone
will be established around any identified nests in
coordination with the monitoring biologist. No
construction activities shall occur within any portion of
the site where they would result in noise levels
exceeding 60 dB(A) hourly average at the edge of CSS.
9. Fire Management: A Fire Protection Plan has been
included as part of the project design and includes a
60-foot wide fire suppression zone between the
proposed structures (Lots 21-27, 29 and 35-37) and
the HMP Preserve boundary to the west. Fire
Suppression Zones 2 and 3, which are closest to the
HMP Preserve boundary, will be planted with a low
water use, naturalizing plant species, known to have
low fuel characteristics. As such, implementation of fire
management requirements as proposed would be
consistent with the HMP buffer requirements.
Explanation of Headings:
Type -Project, ongoing, cumulative.
Monitoring Type
Prior to issuance
of a grading
permit.
Shown of Final
Landscape
Plans, Building
Plans and
project CC&R's
Monitoring Dept. = 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
Department ·
Planning
Planning
Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated.
Remarks= Area for describing status of ongoing mitigation measure, or for other information.
RD-Appendix P.
Shown
on Plans
Verified
Implementation
Remarks
Monitored
during
construction.
Project
complied.
Verified
through final
landscape
plan check
and at site
inspection.
Page 5 of 9
Mitigation Measure Monitoring Type
10. Erosion Control: Prior to issuance of a grading Shown on Final
permit, the applicant shall obtain approval of an erosion Grading and
control plan. The plan shall identify areas susceptible Landscape
to erosion on the property and immediately adjacent to Plans.
the HMP Preserve. All potentially sensitive slopes shall
be stabilized and, if necessary, planted with native
vegetation consistent with the plant community in the
adjacent preserve. The erosion control plan shall
contain elements preventing runoff and the transport of
fertilizers, pesticides, and similar materials into the
HMP Preserve.
11. Landscaping Restrictions: The project shall prohibit Shown of Final
the use of any non-native, invasive plant species in Landscape
landscaping adjacent to the HMP Preserve, or in any Plans, Building
area where undesirable plant materials may have an Plans and
opportunity to spread into the preserve area. The Final project CC&R's
Landscape Plans prepared for the project shall include
a list of HMP non-native invasive plant species that are
to be avoided. The project shall control irrigation of
landscaping adjacent to the HMP Preserve to prevent
runoff from spreading into the preserve.
12. Fencing, Signs and Lighting: A 4 to 5 ft. tall black Shown of Final
vinyl coated chain link fence shall be constructed along Landscape
the entire boundary where Open Space Lot 3 and the Plans, Building
proposed open space HMP Preserve Area (Lot 4) Plans and
converge. Signage shall be installed on the fence to project CC&R's
educate and inform the public about the goals of HMP
Preserve and to prohibit public access. Lighting in back
yards adjacent to the HMP preserve shall be of a
minimum necessary for safety and security, and shall
be shielded and directed to shine downward and not
into the preserve area. Homeowner lighting restrictions
shall be included in the project CC&Rs.
Explanation of Headmgs.
Type -Project, ongoing, cumulative.
Monitoring Dept. = 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
Department
Planning
Planning
Planning
Verified Implementation= When mitigation measure has been implemented, this column will be initialed and dated.
Remarks= Area for describing status of ongoing mitigation measure, or for other information.
RD-Appendix P.
Shown Verified Remarks
on Plans Implementation
Shown on
~ approved
~s grading plans
l"~i" 1.,_ot7 dated
,...I'' ,.J II 10/19/2011.
Shown on
approved final
1:\~ landscape
l'J..o\3 plans dated ,~'' 11/1/11.
Shown on
~ ;
approved final
landscape
,J"I1Pl plans dated
11/1/11.
Page 6 of 9
Mitigation Measure Monitoring Type Monitoring
Department
13. Predator and Exotic Species Control: Project Include in project Planning
CC&R's shall educate homeowners regarding CC&R's
responsible pet ownership (e.g., keeping pets indoors,
spaying/neutering pets, and not releasing pets into the
wild). For exotic species control, the project shall not
use any non-native, invasive plant species in
landscaping adjacent to the HMP Preserve.
14. Archeological mitigation measures shall be
implemented as follows:
a. Prior to commencement of grading, the developer
shall enter into a pre-excavation agreement with a
representative of the San Luis Rey Band of Mission
Indians. The purpose of this agreement will be to
establish the requirement of tribal monitoring and to
formalize procedures for the treatment of Native
American human remains and burial, ceremonial, or
cultural items that may be uncovered during any
ground disturbance activities.
b. Prior to issuance of a grading permit, the project
developer shall retain the services of a qualified
archeologist to monitor all ground disturbing
activities. The applicant shall provide verification that
a qualified archeologist has been retained, and
verification shall be documented by a letter from the
applicant and the archeologist to the Planning
Director.
c. A qualified archeologist shall be present at the pre-
construction meeting to consult with the grading and
excavation contractors.
Explanation of Headings:
Type -Project, ongoing, cumulative.
Prior to issuance
of a grading
permit
Monitoring Dept. = 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.
Planning
Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated.
Remarks= Area for describing status of ongoing mitigation measure, or for other information.
RD -Appendix P.
Shown
on Plans
Verified
Implementation
Remarks
Stated in
Section
4.21.7of
project
CC&R's.
a. Pre-
excavation
agreement
executed on
7/6/2011.
Signed by
Melvin J.
Vernon of
San Luis Rey
band of
Mission
Indians.
No artifacts
discovered.
Paae 7 of9
Mitigation Measure Monitoring Type Monitoring
d. In the event that any cultural resources,
concentration of artifacts, or culturally modified soil
deposits are discovered within the project area at any
time during construction, the archeological monitor
shall be empowered to suspend work in the
immediate area of the discovery until such time as a
data recovery plan can be developed and
implemented.
e. The discovery of any resource shall be reported to
the City of Carlsbad Planning Director prior to any
evaluation testing.
f. If any deposits are evaluated as significant under
CEQA, mitigation may be required as recommended
by the qualified archeologist.
15. Paleontological mitigation measures shall be Prior to issuance
implemented as follows:
a. Prior to issuance of a grading permit the project
developer shall retain a qualified paleontologist to
carry out the mitigation program outlined here. (A
qualified paleontologist is defined as an individual
with a MS or Ph.D. in paleontology or geology that is
familiar with paleontological procedures and
techniques.) The applicant shall provide verification
that a qualified paleontologist has been retained,
and verification shall be documented by a letter from
the applicant and the paleontologist to the Planning
Director.
b. A qualified paleontologist shall be present at a pre-
construction meeting to consult with the grading and
excavation contractors.
Explanation of Headings:
Type -Project, ongoing, cumulative.
of a grading
permit
Monitoring Dept. = 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.
Department
Planning
Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated.
Remarks= Area for describing status of ongoing mitigation measure, or for other information.
RD-Appendix P.
Shown Verified Remarks
on Plans Implementation
a. Dr. Thomas
A. Demere
from the San
Diego Natural
History
Museum was
retained for
paleontologic
al services.
b. Above
mentioned
paleontologist
was present
at pre-con
meetings.
Page 8 of 9
Mitigation Measure
c. A paleontological monitor shall be onsite at all times
during mass grading and excavation activities,
including utility trenching, etc. (A paleontological
monitor is defined as an individual who has
experience in the collection and salvage of fossil
materials. The paleontological monitor shall work
under the direction of a qualified paleontologist.)
d. When fossils are discovered, the paleontologist (or
paleontological monitor) shall recover them. In most
cases this fossil salvage can be completed in a
short period of time. However, some fossil
specimens (such as a complete large mammal
skeleton) may require an extended salvage period.
In these instances the paleontologist (or
paleontological monitor) shall be allowed to
temporarily direct, divert, or halt grading to allow
recovery of fossil remains in a timely manner. Due
to the small nature of some fossils it may be
necessary to collect matrix samples for processing
through fine mesh screens.
e. Any fossils collected shall be prepared to the point
of identification and properly curated before they are
donated to their final repository.
f. Prepared fossils, along with copies of all pertinent
field notes, photos, and maps, shall be deposited
(as a donation) in a non-profit institution with a
research interest in the materials, such as the San
Diego Natural History Museum.
Explanation of Headings:
Type = Project, ongoing, cumulative.
Monitoring Type Monitoring
Department
Monitoring Dept. = 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= Area for describing status of ongoing mitigation measure, or for other information.
RD -Appendix P.
Shown Verified Remarks
on Plans Implementation
c.
Paleontologic
a\ monitors
from the San
Diego Natural
History
Museum were
on site during
grading and
excavation.
No fossils
were
discovered on
site.
Page 9 of 9
Mitigation Measure Monitoring Type
g. A final summary report shall be completed that
outlines the results of the mitigation program. This
report shall include discussions of the methods
used, stratigraphic section(s) exposed, fossils
collected, and significance of recovered fossils.
16. Prior to the recordation of the final map or the issuance Prior to the
of building permits, whichever occurs first, the recordation of
Developer shall prepare and record a Notice that this the final map or
property is subject to overflight, sight and sound of the issuance of
aircraft operating from McClellan-Palomar Airport, in a building permits,
form meeting the approval of the Planning Director and whichever
the City Attorney (see Noise Form #2 on file in the occurs first
Planning Department).
17. Developer shall post aircraft noise notification signs in Prior to the
all sales and/or rental offices associated with the new recordation of
development. The number and locations of said signs the final map or
shall be approved by the Planning Director (see Noise the issuance of
Form #3 on file in the Planning Department). building permits,
whichever
occurs first
18. The Developer shall comply with and implement all Prior to and
recommendation measures of the "Geotechnical during grading
Investigation" prepared by Geocon, Inc, dated July 14,
2009.
19. Prior to demolition of any buildings on the property an Prior to
asbestos and lead paint survey shall be conducted by demolition of any
a certified assessor for the project structures. buildings or
structures
Explanation of Headings:
Type= Project, ongoing, cumulative.
Monitoring Dept. = 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
Department
Planning
Planning
Engineering
Planning
Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated.
Remarks= Area for describing status of ongoing mitigation measure, or for other information.
RD-Appendix P.
Shown on Verified Remarks
Plans Implementation
Final
summary
report
completed
on
1/19/2012.
Notice
~~ (?
recorded on
June 29,
I "'1 1 d .,_p 2012.
Approved by
the City
~~ ,.o''3 Planner
along with ,~1 "\ Noise Form
2 as noted
above.
Recommend
ation ~? ~,:, measures r,,' were
I"'.-complied
with and
implemented
{l~ Survey
~~~~~1.01; conducted.