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HomeMy WebLinkAbout2009-01-13; City Council; Resolution 2009-0131 RESOLUTION NO. 2009-013 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION AND APPROVING THE CARLSBAD BIKEWAY 4 MASTER PLAN: CASE NO.: EA 06-11. PROJECT NO. 3960 5 WHEREAS, the City of Carlsbad has an adopted Circulation Element of the General 6 Plan which establishes a goal to promote, encourage, and accommodate a variety of 7 transportation modes as alternatives to the automobile; and 8 WHEREAS, an objective of the Circulation Element is to provide infrastructure and g facilities necessary to accommodate pedestrians, bicycles, and other non-automobile modes of 10 transportation; and 1 ' WHEREAS, the City Council determines that it is in the best interest of the citizens of 12 Carlsbad to establish a document for the future implementation of various non-motorized facilities 13 within the City; and 14 WHEREAS, the Carlsbad Bikeway Master Plan will assist the City in the planning for 15 future bicycle routes to accommodate various non-motorized uses; and 15 WHEREAS, the Carlsbad Bikeway Master Plan will promote a mode of transportation 17 that would reduce the dependence on the automobile, and as a result would reduce the amount of . 0 vehicle mile trips and, therefore improve the air and water quality within the City; and1o WHEREAS, the Carlsbad Bikeway Master Plan was prepared in accordance with19 national and state guidelines for non-motorized facilities which allows the City of Carlsbad to 20 qualify for various funding sources for pedestrian and bikeway facility construction; and 21 WHEREAS, the City Council determines that it is in the best interest of the City to have a 22 Bikeway Master Plan that encourages alternative transportation to the automobile. With a 23 reduction in vehicle miles traveled, the air and water quality within the City would improve; and 24 WHEREAS, with the approval of the Carlsbad Bikeway Master Plan the City is eligible to 25 apply for a variety of grants from state, regional, and federal funding sources. 2^ WHEREAS, a Negative Declaration was prepared in conjunction with the Carlsbad 27 Bikeway Master Plan; and 28 3 1 WHEREAS, City received written comments from four interested parties and prepared 2 written responses as noted in Exhibits A-1 through A-8 attached hereto; and 3 WHEREAS, the City Council did on January 13, 2009 hold a duly noticed public hearing 4 as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and 0 arguments, examining the initial study, analyzing the information submitted by staff, and6 considering all written comments received, the City Council considered all factors relating to the Negative Declaration. 8 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 9 California, as follows: 10 1. That the above recitations are true and correct. 11 2. That based on the evidence presented at the public hearing, the City Council 19 hereby adopts the Negative Declaration according to Exhibits "Notice of Intent (NOI)" and 13 "Environmental Impact Assessment Form - Initial Study," attached hereto and made a part hereof, 14 based on the following findings: 15 a. Council has reviewed, analyzed, and considered the Negative Declaration 16 for the Carlsbad Bikeway Master Plan and any comments thereon prior to 17 adoption of the Carlsbad Bikeway Master Plan; and 18 b. The Negative Declaration has been prepared in accordance with 19 requirements of the California Environmental Quality Act, the State 20 Guidelines and the Environmental Protection Procedures of the City of 21 Carlsbad; and 22 c. The Negative Declaration reflects the independent judgment of the City 23 Council of the City of Carlsbad; and 24 d. Based on the Environmental Impact Assessment Part II and comments 25 thereon, there is no substantial evidence the project will have a significant 2Q effect on the environment. 3. That based on the evidence presented at the public hearing, the City Council hereby approves the Carlsbad Bikeway Master Plan.28 H 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 13th day of January, 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. ATTEST: L^RAINEM. WOOD, City Clerk (SEAL) City of Carlsbad Planning Department CASE NAME: CASE NO: PROJECT LOCATION: NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION City of Carlsbad Bikeway Master Plan EA 06-11 Citvwide - Various Locations „ . L ,. Gregory J. Smith, Recorder/County Clerk APR 0 7 2008 A. Consul PROJECT DESCRIPTION: The Carlsbad Bikeway Master Plan provides a blueprint for°EPUTY bicycle transportation and recreation in the City of Carlsbad. The Bikeway Master Plan will enhance and expand the existing bikeway network, connect gaps, address constrained areas, improve intersections, provide for greater local and regional connectivity, and encourage even more residents to bicycle. The Bikeway Master Plan provides for an updated system of Class I bike paths, Class II bike lanes, and Class HI bike routes, identifies necessary support facilities such as bicycle parking, and recommends a variety of programs to allow for safe, efficient and convenient bicycle travel within Carlsbad and connecting to regional destinations. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) did not identify any potentially significant impacts on the environment. Therefore, a Negative Declaration will be recommended for adoption by the City of Carlsbad City Council. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 20 days of the date of this notice. The proposed project and Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Steve Jantz in the Engineering Department at (760) 602-2738. PUBLIC REVIEW PERIOD April 5, 2008 through May 5. 2008 PUBLISH DATE April 5, 2008 FILED IN THE OFFICE OF THE COUNTY CLERK San Diego County on APR Q 7 Poster! ArK 0 7 i.m[ Removed, Returned to agencyAon MAY 07 Deputy 072008" A. Consu$IT 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ENVIRONMENTAL IMPACT ASSESSMENT FORM - INITIAL STUDY CASE NO: EA06-11 DATE: March 25, 2008 BACKGROUND 1. CASE NAME: City of Carlsbad Bikeway Master Plan 2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad. 1635 Faraday Avenue. Carlsbad. CA 92008-7314 3. CONTACT PERSON AND PHONE NUMBER: Steve Jantz. Associate Engineer. (760)602-2738 4. PROJECT LOCATION: Citvwide - various locations 5. PROJECT SPONSOR'S NAME AND ADDRESS: Same as Lead Agency 6. GENERAL PLAN DESIGNATION: Various 7. ZONING: Various 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): None 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: Project Description: The Carlsbad Bikewav Master Plan provides a blueprint for bicycle transportation and recreation in the City of Carlsbad. The Bikeway Master Plan will enhance and expand the existing bikewav network, connect gaps, address constrained areas, improve intersections, provide for greater local and regional connectivity, and encourage even more residents to bicycle. The Bikewav Master Plan provides for an updated system of Class I bike paths. Class II bike lanes, and Class III bike routes, identifies necessary support facilities such as bicycle parking, and recommends a variety of programs to allow for safe, efficient and convenient bicycle travel within Carlsbad and connecting to regional destinations. Environmental Setting and Surrounding Land Uses: The proposed bikewav network is recommended to be located primarily within existing public right-of-ways. Some segments of Class I bike paths may be located in Transportation Corridors (T-C) or Public Utility (P-U) zones, depending on the ultimate alignment of the Coastal Rail Trail. Class II bike lanes and Class III bike routes, per the recommendations of the Bikewav Master Plan, will primarily be located within existing public right-of-ways, which will EA 06-11 CITY OF CARLSBAD BIKEWAY MASTER PLAN involve striping for Class II bike lanes and signage for Class III bike routes, therefore, no adverse impacts will occur. This Negative Declaration will satisfy the environmental review requirement pursuant to CEQA for these types of projects, including Bikeway support facilities, such as bicycle parking racks, which are recommended at existing facilities. However. Class I bike paths and any future Class II bike lanes or Class III bike routes requiring the expansion of the public right-of-way or street improvements will be subject to further environmental review pursuant to CEQA on a project specific basis. Rev. 12/13/07 ' EA06-11 CITY OF CARLSBAD BIKEWAY MASTER PLAN ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. Aesthetics I | Agricultural Resources Air Quality I I Biological Resources Cultural Resources Geology/Soils Noise Hazards/Hazardous Materials LJ Population and Housing Hydrology/Water Quality | | Public Services Recreation Transportation/C irculation Land Use and Planning Mineral Resources Mandatory Findings of Significance Utilities & Service Systems Rev. 12/13/07 (0 EA 06-11 CITY OF CARLSBAD BIKEWAY MASTER PLAN DETERMINATION. (To be completed by the Lead Agency) X3 I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. D I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. Planner Signature/ Date Planning Director's Signature Date Rev. 12/13/07 EA 06-11 CITY OF CARLSBAD BIKEWAY MASTER PLAN ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment (EIA) to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly adverse. • Based on an "EIA-Initial Study", if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. Rev. 12/13/07 EA 06-11 CITY OF CARLSBAD BIKEWAY MASTER PLAN • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Initial Study analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears after each related set of questions. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. Rev. 12/13/07 EA 06-11 CITY OF CARLSBAD BIKEWAY MASTER PLAN AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? Potentially Significant Impact D Potentially Significant Unless Mitigation Incorporated D Less Than Significant No Impact Impact D a) - d) No Impact. Adoption of the Bikeway Master Plan does not include a proposal for physical development of any site, and it does not propose or affect any policy or standard that would a) adversely affect a scenic vista, b) substantially damage scenic resources, c) degrade the existing visual character of any site, or d) create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area. The Bikeway Master Plan provides recommendations for the construction of future bikeway networks consisting of Class I bike paths, Class II bike lanes, Class III bike routes, and bikeway support facilities (e.g., bicycle parking racks). Class II bike lanes and Class III bike routes will primarily be located within existing public right-of-ways, which will involve striping for Class II bike lanes and signage for Class III bike routes. This Negative Declaration will satisfy the environmental review requirement pursuant to CEQA for these types of projects. However, Class I bike paths and any future Class II bike lanes or Class III bike routes requiring the expansion of the public right-of-way or street improvements will be subject to further environmental review pursuant to CEQA on a project specific basis. As such, the proposed action will not have any adverse effects on aesthetics. No impact is assessed. II. AGRICULTURAL RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact Rev. 12/13/07 EA 06-11 CITY OF CARLSBAD BIKEWAY MASTER PLAN b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? a) - c) No Impact. Adoption of the Bikeway Master Plan does not include a proposal for physical development of any site, and it does not propose or affect any policy or standard that would a) convert farmland to a non-agricultural use, b) conflict with existing zoning for agricultural uses, or a Williamson Act contract, or c) involve other changes in the existing environment, which would result in conversion of farmland to a non-agricultural use. The Bikeway Master Plan provides recommendations for the construction of future bikeway networks consisting of Class I bike paths, Class II bike lanes, Class III bike routes, and bikeway support facilities (e.g., bicycle parking racks). Class II bike lanes and Class III bike routes will primarily be located within existing public right-of-ways, which will involve striping for Class II bike lanes and signage for Class III bike routes. This Negative Declaration will satisfy the environmental review requirement pursuant to CEQA for these types of projects. However, Class I bike paths and any future Class II bike lanes or Class III bike routes requiring the expansion of the public right-of-way or street improvements will be subject to further environmental review pursuant to CEQA on a project specific basis. As such, the proposed action will not have any adverse effects on agricultural resources. No impact is identified. III. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact D D Rev. 12/13/07 EA 06-11 CITY OF CARLSBAD BIKEWAY MASTER PLAN a) No Impact. Adoption of the Bikeway Master Plan does not include a proposal for physical development of any site, and it does not propose or affect any policy or standard that would conflict or obstruct implementation of the regional air quality plan. The Bicycle Master Plan provides recommendations for the construction of future bikeway networks consisting of Class I bike paths, Class II bike lanes, Class III bike routes and bikeway support facilities. The Bikeway Master Plan would improve the air quality by recommending alternative modes of transportation and providing bikeway networks. All properties within the city are located in the San Diego Air Basin which is a state non-attainment area for ozone (03) and for paniculate matter less than or equal to 10 microns in diameter (PMio). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A Plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. Future development projects relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Section 15125(B) of the State of California Environmental Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms to the RAQS which include the following: • Is a regional air quality plan being implemented in the project area? • Is the project consistent with the growth assumptions in the regional air quality plan? The project area (citywide) is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The adoption of the Bikeway Master Plan will not change the growth assumptions of the General Plan. Any future proposals for bikeways or bikeway facilities, per the recommendations of the Bikeway Master Plan, will be required to be consistent with the growth assumptions of the City's General Plan and the RAQS, Therefore, the project is consistent with the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. No impact is assessed. b) No Impact. The closest air quality monitoring station to the project site is at Camp Pendleton. Data available for this monitoring site from 2000 through December 2004, indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (a total of 10 days during the 5-year period). No other violations of any air quality standards have been recorded during the 5-year time period. Adoption of the Bikeway Master Plan does not include a proposal for physical development of any site. The Bikeway Master Plan would improve the air quality by recommending alternative modes of transportation and providing bikeway networks. The Bikeway Master Plan provides recommendations for the construction of future bikeway networks consisting of Class I bike paths, Class II bike lanes, Class III bike routes, and bikeway support facilities (e.g., bicycle parking racks). Class II bike lanes and Class III bike routes will primarily be located within existing public right-of-ways, which will involve striping for Class II bike lanes and signage for Class III bike routes. This Negative Declaration will satisfy the Rev. 12/13/07 EA 06-11 CITY OF CARLSBAD BIKEWAY MASTER PLAN environmental review requirement pursuant to CEQA for these types of projects. However, Class I bike paths and any future Class II bike lanes or Class III bike routes requiring the expansion of the public right-of-way or street improvements will be subject to further environmental review pursuant to CEQA on a project specific basis. Therefore, the adoption of the Bikeway Master Plan would not violate any air quality standard or contribute substantially to an existing or projected air quality violation. No impact is assessed. c) No Impact. The air basin is currently in a state non-attainment zone for ozone and suspended fine particulates. Adoption of the Bikeway Master Plan does not include a proposal for physical development of any site, and it does not propose or affect any policy or standard that would result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard. The Bicycle Master Plan provides recommendations for the construction of future bikeway networks consisting of Class I bike paths, Class II bike lanes, Class III bike routes and bikeway support facilities. The Bikeway Master Plan would improve the air quality by recommending alternative modes of transportation and providing bikeway networks. Therefore, the adoption of the Bikeway Master Plan would not increase pollutants within the air basin. No impact is assessed. d) & e) No impact. Adoption of the Bikeway Master Plan does not include a proposal for physical development of any site, and it does not propose or affect any policy or standard that would expose sensitive receptors to substantial pollutant concentrations, or create objectionable odors affecting a substantial number of people. The Bicycle Master Plan provides recommendations for the construction of future bikeway networks consisting of Class I bike paths, Class II bike lanes, Class III bike routes and bikeway support facilities. The Bikeway Master Plan would improve the air quality by recommending alternative modes of transportation and providing bikeway networks and would not create objectionable odors. No impact is assessed. IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the ' Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D n 10 Rev. 12/13/07 EA 06-11 CITY OF CARLSBAD BIKEWAY MASTER PLAN e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporatedn Less Than Significant Impactn No Impact a) - d) No Impact. Adoption of the Bikeway Master Plan does not include a proposal for physical development of any site, and it does not propose or affect any policy or standard that would a) have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, b) have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural communities, c) have a substantial adverse effect on federally protected wetlands, or d) interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. The Bikeway Master Plan provides recommendations for the construction of future bikeway networks consisting of Class I bike paths, Class II bike lanes, Class III bike routes, and bikeway support facilities (e.g., bicycle parking racks). Class II bike lanes and Class III bike routes will primarily be located within existing public right-of-ways, which will involve striping for Class II bike lanes and signage for Class III bike routes. This Negative Declaration will satisfy the environmental review requirement pursuant to CEQA for these types of projects. However, Class I bike paths and any future Class II bike lanes or Class III bike routes requiring the expansion of the public right-of-way or street improvements will be subject to further environmental review pursuant to CEQA on a project specific basis. As such, the proposed action will not have any adverse effects on biological resources. No impact is identified. e) & f) No Impact. Adoption of the Bikeway Master Plan does not include a proposal for physical development of any site, and it does not propose or affect any policy or standard that would e) conflict with any local policies or ordinances protecting biological resources, or f) conflict with the provisions of an adopted Habitat Conservation Plan or Natural Community Conservation Plan. The Bikeway Master Plan provides recommendations for the construction of future bikeway networks consisting of Class I bike paths, Class II bike lanes, Class III bike routes, and bikeway support facilities (e.g., bicycle parking racks). Class II bike lanes and Class III bike routes will primarily be located within existing public right-of-ways, which will involve striping for Class II bike lanes and signage for Class III bike routes. This Negative Declaration will satisfy the environmental review requirement pursuant to CEQA for these types of projects. However, Class I bike paths and any future Class II bike lanes or Class III bike routes requiring the expansion of the public right-of-way or street improvements will be subject to further environmental review pursuant to CEQA on a project specific basis. As such, the proposed action will not have any adverse effects on biological resources. No impact is identified. V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D n Rev. 12/13/07 EA 06-11 CITY OF CARLSBAD BIKEWAY MASTER PLAN b) Cause a substantial adverse change in the signifi- cance of an archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique pale ontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Potentially Significant Impact D Potentially Significant Unless Mitigation Incorporated D Less Than Significant No Impact Impact D D a) - d) No Impact. Adoption of the Bikeway Master Plan does not include a proposal for physical development of any site, and it does not propose or affect any policy or standard that would cause a substantial adverse change in the significance of a historical, archeological, paleontological or geological resource, or disturb any human remains. The Bikeway Master Plan provides recommendations for the construction of future bikeway networks consisting of Class I bike paths, Class II bike lanes, Class III bike routes, and bikeway support facilities (e.g., bicycle parking racks). Class II bike lanes and Class III bike routes will primarily be located within existing public right-of-ways, which will involve striping for Class II bike lanes and signage for Class III bike routes. This Negative Declaration will satisfy the environmental review requirement pursuant to CEQA for these types of projects. However, Class I bike paths and any future Class II bike lanes or Class III bike routes requiring the expansion of the public right-of- way or street improvements will be subject to further environmental review pursuant to CEQA on a project specific basis. As such, the proposed action will not have any adverse effects on cultural resources. No impact is identified. VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. 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? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D D 12 Rev. 12/13/07 EA06-11 CITY OF CARLSBAD BIKEWAY MASTER PLAN b) Result in substantial soil erosion or the loss of topsoil? c) 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? d) Be located on expansive soils, as defined in Section 1802.3.2 of the California Building Code (2007), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated D Less Than Significant No Impact Impact D ai) - aiv) No Impact. Adoption of the Bikeway Master Plan does not include a proposal for physical development of any site, and it does not propose or affect any policy or standard that would expose people or structures to potential substantial adverse effects from the rupture of a known earthquake fault, strong seismic ground shaking, seismic- related ground failure, liquefaction, or landslides. There are no Alquist-Priolo Earthquake Fault zones within the City of Carlsbad and there is no other evidence of active of potentially active faults within the City. However, there are several active faults throughout Southern California, and these potential earthquakes could affect Carlsbad. Landslides are also a potential threat in parts of the City. All development proposals in Carlsbad are subject to requirements such as the California Building Code earthquake construction standards and soil remediation that when necessary ensure potential adverse effects are not significant. Any future proposals for Class I bike paths and any future Class II bike lanes or Class III bike routes requiring the expansion of the public right-of-way or street improvements will be subject to further environmental review pursuant to CEQA on a project specific basis. As such, the proposed action will not have any adverse effects on geological resources. No impact is identified. b) No Impact. Adoption of the Bikeway Master Plan does not include a proposal for physical development of any site, and it does not propose or affect any policy or standard that would result in substantial soil erosion or the loss of topsoil. Any future proposals for Class I bike paths and any future Class II bike lanes or Class III bike routes requiring the expansion of the public right-of-way or street improvements will be subject to further environmental review pursuant to CEQA on a project specific basis. As such, the proposed action will not have any adverse effects on soil erosion. No impact is identified. c) - e) No Impact. Adoption of the Bikeway Master Plan does not include a proposal for physical development of any site, and it does not propose or affect any policy or standard that would result in impacts to unstable or expansive soil conditions. Any future proposals for Class I bike paths and any future Class II bike lanes or Class III bike routes requiring the expansion of the public right-of-way or street improvements will be subject to further environmental review pursuant to CEQA on a project specific basis. As such, the proposed action will not have any adverse effects on soil conditions. No impact is identified. 13 Rev. 12/13/07 E A 06-11 CITY OF CARLSBAD BIKEWAY MASTER PLAN VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Potentially Significant Impact Potentially Significant Unless Less Than Mitigation Significant Incorporated Impact D D No Impact IEI n D D D IEI a) - d) No Impact. Adoption of the Bikeway Master Plan does not include a proposal for physical development of any site, and it does not propose or affect any policy or standard that would result in hazards associated with exposure to hazardous materials. Any future proposals for Class I bike paths and any future Class II bike lanes or Class III bike routes requiring the expansion of the public right-of-way or street improvements will be subject to further environmental review pursuant to CEQA on a project specific basis. As such, the proposed action will not have any adverse effects on hazardous materials or create a hazardous condition. No impact is identified. 14 Rev. 12/13/07 2\ EA 06-11 CITY OF CARLSBAD BIKEWAY MASTER PLAN e) & f) No Impact. Adoption of the Bikeway Master Plan does not include a proposal for physical development of any site, and it does not propose or affect any policy or standard that would result in exposing people to hazards associated with an airport. Any future proposals for Class I bike paths and any future Class II bike lanes or Class III bike routes requiring the expansion of the public right-of-way or street improvements will be subject to further environmental review pursuant to CEQA on a project specific basis. As such, the proposed action will not have any adverse effects on hazardous materials or create a hazardous condition near an airport. No impact is identified. g) & h) No Impact. Adoption of the Bikeway Master Plan does not include a proposal for physical development of any site, and it does not propose or affect any policy or standard that would interfere with the implementation of an adopted emergency response or evacuation plan, or result in exposing people or structures to a significant risk from wildland fires. Any future proposals for Class I bike paths and any future Class II bike lanes or Class III bike routes requiring the expansion of the public right-of-way or street improvements will be subject to further environmental review pursuant to CEQA on a project specific basis. As such, the proposed action will not have any adverse effects on emergency responses or plans. No impact is identified. VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off- site? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact IEI D Kl D D e) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? 15 Rev. 12/13/07 EA 06-11 CITY OF CARLSBAD BIKEWAY MASTER PLAN g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? h) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D k) Increase erosion (sediment) into receiving surface waters. 1) Increase pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g. temperature, dissolved oxygen or turbidity? m) Change receiving water quality (marine, fresh or wetland waters) during or following construction? n) Increase any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? D El D o) Increase impervious surfaces and associated runoff? p) Impact aquatic, wetland, or riparian habitat? q) Result in the exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? a) - 0 No Impact. Adoption of the Bikeway Master Plan does not include a proposal for physical development of any site, and it does not propose or affect any policy or standard that would conflict with any water quality standards, impact groundwater supplies/quality, alter any drainage pattern, impact the capacity of existing or planned stormwater drainage systems, or result in the degradation of water quality. Any future proposals for Class I bike paths and any future Class II bike lanes or Class III bike routes requiring the expansion of the public right-of- way or street improvements will be subject to further environmental review pursuant to CEQA on a project specific basis. As such, the proposed action will not have any adverse effects on hydrology or water quality. No impact is identified. 16 Rev. 12/13/07 EA 06-11 CITY OF CARLSBAD BIKEWAY MASTER PLAN g) - j) No Impact. Adoption of the Bikeway Master Plan does not include a proposal for physical development of any site, and it does not propose or affect any policy or standard that would result in placing housing within a 100- year flood hazard area, create an impediment or redirect flood flows, or expose people or structures to flooding or inundation by seiche, tsunami or mudflow. Any future proposals for Class I bike paths and any future Class II bike lanes or Class III bike routes requiring the expansion of the public right-of-way or street improvements will be subject to further environmental review pursuant to CEQA on a project specific basis. As such, the proposed action will not have any adverse effects on exposing people to flood hazards. No impact is identified. k) - q) No Impact. Adoption of the Bikeway Master Plan does not include a proposal for physical development of any site, and it does not propose or affect any policy or standard that would result in increased erosion or pollutant discharges into any surface waters, change receiving water quality, increase pollutants to an already impaired water body, increase impervious surfaces, impact aquatic, wetland, or riparian habitat, or exceed receiving water quality objectives. Any future proposals for Class I bike paths and any future Class II bike lanes or Class III bike routes requiring the expansion of the public right-of-way or street improvements will be subject to further environmental review pursuant to CEQA on a project specific basis. As such, the proposed action will not have any adverse effects on increasing erosion or pollutant discharges. No impact is identified. IX. LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a) No Impact. Adoption of the Bikeway Master Plan does not include a proposal for physical development of any site, and it does not propose or affect any policy or standard that would result in the division of an established community. Any future proposals for Class I bike paths and any future Class II bike lanes or Class III bike routes requiring the expansion of the public right-of-way or street improvements will be subject to further environmental review pursuant to CEQA on a project specific basis. As such, the proposed action will not have any adverse effects on an established community. No impact is identified. b) No Impact. Adoption of the Bikeway Master Plan does not include a proposal for physical development of any site, and it does not propose or affect any policy or standard that would conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. The purpose of the adoption of the Bikeway Master Plan is to provide a blueprint for bicycle transportation and recreation in the City of Carlsbad. Any future proposals for Class I bike paths and any future Class II bike lanes or Class III bike routes requiring the expansion of the public right-of-way or street improvements will be subject to further environmental review pursuant to CEQA on a project specific basis. As such, the proposed action will not have any adverse effects on landuse and planning. No impact is identified. c) No Impact. Adoption of the Bikeway Master Plan does not include a proposal for physical development of any site, and it does not propose or affect any policy or standard that would conflict with the any habitat conservation plan or natural community conservation plan. Any future proposals for Class I bike paths and any future Class II bike lanes or Class III bike routes requiring the expansion of the public right-of-way or street improvements will be 17 Rev. 12/13/07 EA 06-11 CITY OF CARLSBAD BIKEWAY MASTER PLAN subject to further environmental review pursuant to CEQA on a project specific basis. As such, the proposed action will not conflict with the City's Habitat Management Plan or the regional Multiple Habitat Conservation Plan. No impact is identified. X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D a) & b) No Impact. Adoption of the Bikeway Master Plan does not include a proposal for physical development of any site, and it does not propose or affect any policy or standard that would result in the loss of availability of a known mineral resource, or a locally important mineral resource recovery site. Any future proposals for Class I bike paths and any future Class II bike lanes or Class III bike routes requiring the expansion of the public right-of-way or street improvements will be subject to further environmental review pursuant to CEQA on a project specific basis. As such, the proposed action will not have any adverse effects on mineral resources. No impact is identified. XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D 18 Rev. 12/13/07 EA06-11 CITY OF CARLSBAD BIKEWAY MASTER PLAN e) 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, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a) - d) No Impact. Adoption of the Bikeway Master Plan does not include a proposal for physical development of any site, and it does not propose or affect any policy or standard that would result in exposing people to excessive noise levels or groundbourne vibrations, or a permanent or temporary increase in ambient noise levels. Any future proposals for Class I bike paths and any future Class II bike lanes or Class III bike routes requiring the expansion of the public right-of-way or street improvements will be subject to further environmental review pursuant to CEQA on a project specific basis. As such, the proposed action will not expose people to an increase in noise levels. No impact is identified. e) & 0 No Impact. Adoption of the Bikeway Master Plan does not include a proposal for physical development of any site, and it does not propose or affect any policy or standard that would result in exposing people to excessive noise levels associated with an airport. As necessary, compliance with the Airport Land Use Compatibility Plan for McClellan-Palomar Airport, dated April 22, 2004, will ensure that future development avoids exposure to excessive noise levels within the vicinity of an airport. Any future proposals for Class I bike paths and any future Class II bike lanes or Class III bike routes requiring the expansion of the public right-of-way or street improvements will be subject to further environmental review pursuant to CEQA on a project specific basis. As such, the proposed action will not have any adverse effects on exposing people within the vicinity of an airport to an increase in noise levels. No impact is identified. XII. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact n n n n n n a) - c) No Impact. Adoption of the Bikeway Master Plan does not include a proposal for physical development of any site, and it does not propose or affect any policy or standard that would induce substantial growth in an area either directly or indirectly, or displace substantial numbers of existing housing or people, necessitating the 19 Rev. 12/13/07 E A 06-11 CITY OF CARLSBAD BIKEWAY MASTER PLAN construction of replacement housing elsewhere. The Bikeway Master Plan provides recommendations for the construction of future bikeway networks consisting of Class I bike paths, Class II bike lanes, Class III bike routes, and bikeway support facilities (e.g., bicycle parking racks). Class II bike lanes and Class III bike routes will primarily be located within existing public right-of-ways, which will involve striping for Class II bike lanes and signage for Class III bike routes. This Negative Declaration will satisfy the environmental review requirement pursuant to CEQA for these types of projects. However, Class I bike paths and any future Class II bike lanes or Class III bike routes requiring the expansion of the public right-of-way or street improvements will be subject to further environmental review pursuant to CEQA on a project specific basis. As such, the proposed action will not have any adverse effects on population and housing. No impact is identified. XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? Potentially Significant Impact Potentially Significant Unless Less Than Mitigation Significant No Incorporated Impact Impact ai) - av) No Impact. Adoption of the Bikeway Master Plan does not include a proposal for physical development of any site, and it does not propose or affect any policy or standard that would result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, in order to maintain acceptable service ratios, response times, or other performance objectives for any public service (fire & police protection, schools, parks, and other public facilities). Any future proposals for Class I bike paths and any future Class II bike lanes or Class III bike routes requiring the expansion of the public right-of-way or street improvements will be subject to further environmental review pursuant to CEQA on a project specific basis. As such, the proposed action will not have any adverse effects on public services. No impact is identified. 20 Rev. 12/13/07 -21 EA 06-11 CITY OF CARLSBAD BIKEWAY MASTER PLAN XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a) & b) No Impact. Adoption of the Bikeway Master Plan does not include a proposal for physical development of any site, and it does not propose, or affect any policy or standard that would increase the use of existing neighborhood and regional parks, such that substantial physical deterioration of the facility would occur or be accelerated, or construct recreational facilities, which might have an adverse physical effect on the environment. The Bikeway Master Plan provides recommendations for the construction of future bikeway networks consisting of Class I bike paths, Class II bike lanes, Class III bike routes, and bikeway support facilities (e.g., bicycle parking racks). Class II bike lanes and Class III bike routes will primarily be located within existing public right-of-ways, which will involve striping for Class II bike lanes and signage for Class HI bike routes. This Negative Declaration will satisfy the environmental review requirement pursuant to CEQA for these types of projects. However, Class I bike paths and any future Class II bike lanes or Class III bike routes requiring the expansion of the public right-of- way or street improvements will be subject to further environmental review pursuant to CEQA on a project specific basis. As such, the proposed action will not have any adverse effects on recreation. No impact is identified. XV. TRANSPORTATION/TRAFFIC - Would the project: a) 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)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D 21 Rev. 12/13/07 EA06-11 CITY OF CARLSBAD BIKEWAY MASTER PLAN d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in insufficient parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact X a) - g) No Impact. Adoption of the Bikeway Master Plan does not include a proposal for physical development of any site, and it does not propose or affect any policy or standard that might cause an increase in traffic, exceed a level of service standard, change air traffic patterns, substantially increase road hazards, result in inadequate emergency access, result in insufficient, parking capacity, or conflict with an adopted policy, plan or program supporting alternative transportation. The Bikeway Master Plan provides recommendations for the construction of future bikeway networks consisting of Class I bike paths, Class II bike lanes, Class III bike routes, and bikeway support facilities (e.g., bicycle parking racks). Class II bike lanes and Class III bike routes will primarily be located within existing public right-of-ways, which will involve striping for Class II bike lanes and signage for Class III bike routes. This Negative Declaration will satisfy the environmental review requirement pursuant to CEQA for these types of projects. However, Class I bike paths and any future Class II bike lanes or Class III bike routes requiring the expansion of the public right-of-way or street improvements will be subject to further environmental review pursuant to CEQA on a project specific basis. As such, the proposed action will not have any adverse impacts on transportation or traffic. No impact is identified. XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D 22 Rev. 12/13/07 A E A 06-11 CITY OF CARLSBAD BIKEWAY MASTER PLAN e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated D D Less Than Significant No Impact Impact a) - g) No Impact. Adoption of the Bikeway Master Plan does not include a proposal for physical development of any site, and it does not propose or affect any policy or standard that would exceed wastewater treatment requirements, or result in the need for new water, wastewater or solid waste systems. The Bikeway Master Plan provides recommendations for the construction of future bikeway networks consisting of Class I bike paths, Class II bike lanes, Class III bike routes, and bikeway support facilities (e.g., bicycle parking racks). Class II bike lanes and Class III bike routes will primarily be located within existing public right-of-ways, which will involve striping for Class II bike lanes and signage for Class III bike routes. This Negative Declaration will satisfy the environmental review requirement pursuant to CEQA for these types of projects. However, Class I bike paths and any future Class II bike lanes or Class III bike routes requiring the expansion of the public right-of-way or street improvements will be subject to further environmental review pursuant to CEQA on a project specific basis. As such, the proposed action will not have any adverse effects on utilities and service systems. No impact is identified. Less Than Significant No Impact Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumula- tively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) D 23 Rev. 12/13/07 -,€> EA 06-11 CITY OF CARLSBAD BIKEWAY MASTER PLAN Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? a) - c) No Impact. Adoption of the Bikeway Master Plan does not include a proposal for physical development of any site, and it does not propose or affect any policy or standard that would result in the potential to degrade the quality of the environment, or impact the habitat of a fish or wildlife species. No cumulative considerable impacts to the environment or substantial adverse effects on human beings will result from the action. The Bikeway Master Plan provides recommendations for the construction of future bikeway networks consisting of Class I bike paths, Class II bike lanes, Class III bike routes, and bikeway support facilities (e.g., bicycle parking racks). Class II bike lanes and Class III bike routes will primarily be located within existing public right-of-ways, which will involve striping for Class II bike lanes and signage for Class III bike routes. This Negative Declaration will satisfy the environmental review requirement pursuant to CEQA for these types of projects. However, Class I bike paths and any future Class II bike lanes or Class III bike routes requiring the expansion of the public right-of-way or street improvements will be subject to further environmental review pursuant to CEQA on a project specific basis. As such, the proposed action will not have any impacts associated with mandatory findings of significance. No impact is identified. XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 24 Rev. 12/13/07 EA 06-11 CITY OF CARLSBAD BIKEWAY MASTER PLAN EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01). City of Carlsbad Planning Department. March 1994. 2. Carlsbad General Plan, City of Carlsbad Planning Department, dated March 1994. 3. Carlsbad Local Facilities Management Zones, City of Carlsbad Planning Department, as updated. 4. City of Carlsbad Municipal Code, Title 21 Zoning, City of Carlsbad Planning Department, as updated. 5. Habitat Management Plan for Natural Communities in the City of Carlsbad, City of Carlsbad Planning Department, final approval dated November 2004. 6. City of Carlsbad Geotechnical Hazards Analysis and Mapping Study, November 1992. 7. Airport Land Use Compatibility Plan McClellan-Palomar Airport, Carlsbad, California, dated April 22, 1994. 8. Mitigated Negative Declaration for the Coastal Rail Trail, City of Carlsbad, dated November 21, 2000. 25 Rev. 12/13/07 EA 06-11 CITY OF CARLSBAD BIKEWAY MASTER PLAN Existing St Proposed Bikeways COPY 26 Rev. 12/13/07 STATE OF CALIFORNIA E-xyizir A-I ARNOLD SCHWARZENEGGER, Governor PUBLIC UTILITIES COMMISSION 320 WEST 4™ STREET. SUITE 500 LOS ANGELES, CA 90013 April 25, 2008 ."RECEIVED ENGINEERING DEPARTMENTSteve Jantz City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Dear Mr. Jantz: Re: SCH# 2008041029; City of Carlsbad Bikeway Master Plan The California Public Utilities Commission (Commission) has jurisdiction over the safety of highway-rail crossings (crossings) in California. The California Public Utilities Code requires Commission approval for the construction or alteration of crossings and grants the Commission exclusive power on the design, alteration, and closure of crossings. The Commission is in receipt of the Notice of Completion & Environmental Document Transmittal- Negative Declaration from the State Clearinghouse. Commission's Rail Crossing Engineering Section (RCES) staff has concerns with railroad impacts as a result of the project's proximity to the NCTD rail line from Oceanside to Encinitas. hi addition to Coaster commuter trains, the BNSF Railway, and National Railroad Passenger Corporation (Amtrak) operate freight and passenger trains over these lines respectively. City should arrange diagnostic meetings with RCES and NCTD to discuss appropriate fencing and signage to keep trail users off of the railroad right of way and, if necessary, file a GO88-B request for authority to modify an at-grade crossing. Information on filing GO 88-B requests, including a fill-in form, is available at the Commission's web site at: http://www.cpuc.ca.gov/static/transportation/crossings/filing+procedures/go88b projects.htm If you have any questions, please contact Jose Pereyra, Utilities Engineer at 213-576-7081, jfp@cpuc.ca.gov, or me at rxm@cpuc.ca.gov, 213-576-7078. Rosa Munoz, Utilities Engine Rail Crossings Engineering Section Consumer Protection & Safety Division C: Keith Kranda, NCTD STATE OF CALIFORNIA BUSINESS. TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER. Governor RECEIVED MAY 092908 ENGINEERING DEPARTMENT ll-SD-5 PM- 44.07-50.68 SCH 2008041029 Bikeway Master Plan DEPARTMENT OF TRANSPORTATION DISTRICT 11 4050 TAYLOR STREET SAN DIEGO, CA 92110 PHONE (619)688-6960 FAX (619)688-4299 May 6, 2008 Mr. Steve Jantz City of Carlsbad 1635 Faraday Avenue Carlsbad, CA, 92008 Dear Mr. Jantz: The California Department of Transportation (Caltrans) received a Negative Declaration for the City of Carlsbad Bikeway Master Plan (SCH 2008041029). The proposed bikeway is located along various post miles on State Route 5 (SR-5), and is within 2 miles of State Route 78 (SR- 78). Caltrans has the following comments: On page 3-4, ...second line of the last paragraph on the page...It is important to note that bicycles are permitted on all roads in the State of California and in Carlsbad (with the exception of access-controlled freeways...) ...this statement is true in Carlsbad...there are no controlled access facilities that permit bikes. There are, however, at least 10 different locations in Caltrans District 11 where bikes can ride on the shoulders on parts of 1-5,1-805,1-8,1-15, but only where signs permit their entrance. The statement in the plan should not imply that ALL controlled access highway facilities prohibit bicycle access. Any work performed within Caltrans right-of-way (R/W) will require discretionary review and approval by the Department. If you have any questions, please contact me at (619) 688-6960. Sincerely, Flex your power! Be energy efficient! •fieJacob Armstrong Development Review Branch Chief "Caltrans improves mobility across California. "3 STATE OF CALIFORNIA Arnold Schwarzeneoaer. Governor NATIVE AMERICAN HERITAGE COMMISSION 91 5 CAPITOL MALL, ROOM 364 SACRAMENTO, CA 95814 (916) 653-6251 Fax (91 6) 657-5390 Web Site www.nahc.ca.gov e-mail: ds_nahc@pacbell.net Mr. Steve Jantz, Associate Engineer CITY OF CARLSBAD 1635 Farraday Avenue Carlsbad, CA 92008 Re: SCH02008041029: CEQA Notice of Completion: Proposed Negative Declaration for City of Carlsbad Bikewav Master Plan: San Diego County. California Dear Mr. Jantz: The Native American Heritage Commission is the state agency designated to protect California's Native American Cultural Resources. The California Environmental Quality Act (CEQA) requires that any project that causes a substantial adverse change in the significance of an historical resource, that includes archaeological resources, is a 'significant effect' requiring the preparation of an Environmental Impact Report (EIR) per the California Code of Regulations §15064.5(b)(c (CEQA guidelines). Section 15382 of the 2007 CEQA Guidelines defines a significant impact on the environment as 'a substantial, or potentially substantial, adverse change in any of physical conditions within an area affected by the proposed project, including ...objects of historic or aesthetic significance." In order to comply with this provision, the lead agency is required to assess whether the project will have an adverse impact on these resources within the 'area of potential effect (APE)', and if so, to mitigate that effect To adequately assess the project-related impacts on historical resources, the Commission recommends the following action: V Contact the appropriate California Historic Resources Information Center (CHRIS) for possible 'recorded sites' in locations where the development will or might occur.. Contact information for the Information Center nearest you is available from.the State Office of Historic Preservation (916/653-7278)/ http://www.ohp.Darks.ca.aov. The record search will determine: • If a part or the entire APE has been previously surveyed for cultural resources. • If any known cultural resources have already been recorded in or adjacent to the APE. • If the probability is low, moderate, or high that cultural resources are located in the APE. • If a survey is required to determine whether previously unrecorded cultural resources are present V If an archaeological inventory survey is required, the final stage is the preparation of a professional report detailing the findings and recommendations of the records search and field survey. • The final report containing site forms, site significance, and mitigation measurers should be submitted immediately to the planning department All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum, and not be made available for pubic disclosure. • The final written report should be submitted within 3 months after work has been completed to the appropriate regional archaeological Information Center. V Contact the Native American Heritage Commission (NAHC) tor. * A Sacred Lands Rle (SLF) search of the project area and information on tribal contacts in the project vicinity that may have additional cultural resource information. Please provide this office with the following citation format to assist with the Sacred Lands File search request USGS 7.5-minute quadrangle citation with name, township, ranoe and section: . • The NAHC advises the use of Native American Monitors to ensure proper identification and care given cultural resources that may be discovered. The NAHC recommends that contact be made with Native American Contacts on the attached list to get their input on potential project impact (APE). In some cases, the existence of a Native American cultural resources may be known only to a local tribe(s). V Lack of surface evidence of archeological resources does not preclude their subsurface existence. • Lead agencies should include in their mitigation plan provisions for the identification and evaluation of accidentally discovered archeological resources, per California Environmental Quality Act (CEQA) §15064.5 (f). In areas of identified archaeological sensitivity, a certified archaeologist and a culturally affiliated Native American, with knowledge in cultural resources, should monitor all ground-disturbing activities. • A culturally-affiliated Native American tribe may be the only source of information about a Sacred Site/Native American cultural resource. • Lead agencies should include in their mitigation plan provisions for the disposition of recovered artifacts, in consultation with culturally affiliated Native Americans. V Lead agencies should include provisions for discovery of Native American human remains or unmarked cemeteries in their mitigation plans. * CEQA Guidelines, Section 15064.5(d) requires the lead agency to work with the Native Americans identified by this Commission if the initial Study identifies the presence or likely presence of Native American human remains within the APE. CEQA Guidelines provide for agreements with Native American, identified by the NAHC, to assure the appropriate and dignified treatment of Native American human remains and any associated grave liens. V Health and Safety Code §7050.5, Public Resources Code §5097.98 and Sec. §15064.5 (d) of the California Code of Regulations (CEQA Guidelines) mandate procedures to be followed, including that construction or excavation be stopped in the event of an accidental discovery of any human remains in a location other than a dedicated cemetery until the county coroner or medical examiner can determine whether the remains are those of a Native American. . Note that §7052 of the Health & Safety Code states that disturbance of Native American cemeteries is a felony. V Lead agencies should consider avoidance, as defined in 515370 of the California Code of Regulations (CEQA Guidelines), when significant cultural resources are discovered during the course of project planning and implementation Please feel free to contact me at (916) 653-6251 if you have any questions. Dave Singleto Program Anal Attachment List of Native American Contacts Cc: State Clearinghouse Native American Contacts San Diego County April 23, 2008 San Luis Rey Band of Mission Indians Russell Romo, Chairman 12064 Old Pomerado Road Luiseno Poway , CA 92064 (858)748-1586 Cupa Cultural Center (Pala Band) Shasta Gaughen, Assistant Director 35008 Pala-Temecula Rd.PMB Box 445 Pala , CA 92059 cupa@palatribe.com (760)742-1590 (760) 742-4543 - FAX Pauma Valley Band of Luiseno Indians Bennae Calac, Chair - Repatriation Committee P.O. Box 369 Luiseno Pauma Valley , CA 92061 bennaecalac@aol.com(760)617-2872 (760) 742-3422 - FAX Clint Linton P.O. Box 507 Santa Ysabel (760) 803-5694 cjlinton73@aol.com CA 92070 Diegueno/Kumeyaay San Luis Rey Band of Mission Indians Carmen Mojado, Co-Chair 1889 Sunset Drive Luiseno Vista , CA 92081 cimojado@slrmissionindians.org (760)724-8505 Mel Vernon San Luis Rey Band of Mission Indians 1044 North Ivy Street Luiseno Escondido , CA 92026 (760) 703-1514-cell(760) 746-8692 melvern@aol.com San Luis Rey Band of Mission Indians Mark Mojado, Cultural Resources 1889 Sunset Drive Luiseno Vista . CA 92081 Cupeno (760)724-8505 (760) 586-4858 (cell) This list Is current only as of the date of this document Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code. This list is only applicable for contacting local Native American with regard to cultural resources for the proposed, SCHJ2008O41029; CEQA Notice of Completion; proposed Negative Declaration for the City of Carlsbad Blkeway Master Plan; San Diego County, California. Native American Contacts San Diego County April 23, 2008 San Pasqual Band of Mission Indians Allen E. Lawson, Chairperson PO Box 365 Diegueno Valley Center , CA 92082 (760) 749-3200 (760) 749-3876 Fax Mesa Grande Band of Mission Indians Mark Romero, Chairperson P.O Box 270 Diegueno Santa Ysabel , CA 92070 mesagrandeband @ msn.com (760)782-3818 (760) 782-9092 Fax Santa Ysabel Band of Oiegueno Indians Johnny Hernandez, Spokesman PO Box 130 Diegueno Santa Ysabel , CA 92070 brandietaylor@yahoo.com (760) 765^0845 (760) 765-0320 Fax Kwaaymii Laguna Band of Mission Indians Carmen Lucas P.O. Box 775 Diegueno - Pine Valley . CA 91962 (619)709-4207 Kumeyaay Cultural Historic Committee Inaja Band of Mission Indians Ron Christman Rebecca Osuna, Spokesperson 56 Viejas Grade Road Diegueno/Kumeyaay 309 S. Maple Street Diegueno Alpine . CA 92001 Escondido , CA 92025 (619) 445-0385 (760) 737-7628 (760) 747-8568 Fax Campo Kumeyaay Nation Monique LaChappa, Chairperson 36190 Church Road, Suite 1 Kumeyaay Campo . CA 91906 chairman@campo-nsn.gov(619)478-9046 (619) 478-5818 Fax San Luis Rey Band of Mission Indians Henry Contreras, Most Likely Descendant 1763 Chapulin Lane Luiseno Fallbrook , CA 92028 (760) 728-6722 - Home (760) 908-7625 - Cell This list Is current only as of the date of this document Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code. This list is only applicable for contacting local Native American with regard to cultural resources for the proposed, SCH42008041029; CEQA Notice of Completion; proposed Negative Declaration for the City of Carlsbad Bikeway Master Plan; San Diego County, California. Tribal Council .Russell Romo Captain Carmen Mojado Secretary of Government Relations Charlotte Herrera Secretary oftiie Treasury Tom Beltran Secretary of Economic Development AlCerda Secretary of Tribal Ethics and Information Clara Guy Tribal Elder Henry Contreras Council Member Mel Vemon Council Member Mary Lou Beltran Council Member Carrie Lopez Tribal Advisor Merri Lopez, Esq. Tribe Legal Advitor Contact information 1889 Sunset Drive Vista, CA 92081 Tel: (760) 724-8505 Fax: (760) 724-2172 4-4 SS»iSAN LUt&KEY BAND of Mission Indians Re: Comments on Proposed Dear isMjiu-p. cyZ/7x.. The San Luis Rey BancLof 1 comments on the proposed (iiJZJ- sion Indians hereby submits, the following ( :/} /* -/I ("Pfoiecn. The San Luis Rey Band ("Band" or "Tribe") is a San Diego County Tribe whose traditional territory includes the current cities of Vista, Oceanside, , ' Carlsbad, San Marcos and Escondido, among others. The Band's primary concerns are the preservation and protection of cultural, archaeological, sacred and historical sites of significant to the Band located within the Project area. The Band is concerned about protecting the unique and irreplaceable cultural resources which will be affected by the Project. The Tribe is also concerned about the appropriate and lawful treatment of Native American human remains and cultural and sacred items which are likely to be disturbed during the Project's development and ground disturbing activities. The Band does have a Most Likely Descendant on file with the Native American Heritage Commission in the event that human remains are discovered during the grading process. The need for mitigation measures for this Project are undisputed. The strongest protections must be afforded to protect these invaluable resources. The Band intends to use all appropriate and necessary procedures available to ensure that these resources are property addressed via the CEQA and SB 18 processes. To ensure a complete and undisputed understanding by all parties regarding the protection of these priceless resources, the Band respectfully Raised: 01 d5 Page 1 of 3 Tribal Council Russell-Romo Captain Carmen Moj'ado Secretary of Government Relations Charlotte Herrera Secretary oftlw Treasury Tom Beltran Secretary of Economic Development AlCerda Secretary of Tribal Ethics and Information Clara Guy Tribal Elder Henry Contreras Council Member Mel Vemon Council Member Mary Lou Beltran Council Member Carrie Lopez Tribal Advisor Merri Lopez, Esq. Tribe Legal Contact information 1889 Sunset Drive Vista, CA 92(181 Tel: (760) 724-8505 Fax:(760)72-4-2172 Revised: 01 OS SAN LUIS KEY BAND of Mission Indians f requests that the following mitigation measures be added as mandatory conditions for approving the grading permit for the Project. The Developer must be required to submit written proof of these requirements before the permit may be issued. 1. The Developer must execute a Pre-Excavation Agreement with the Band prior to any ground-disturbing activities on the Project site. The agreement will, at minimum, include the following provisions: A. Require appropriate treatment of human remains and cultural items. B. Require a good faith effort by the parties to agree on what is appropriate treatment and dignity when addressing human remains and cultural items. C. Require that any human remains or cultural items recovered during the grading process be returned to the Band, and riot curated in a facility absent the express written consent of the Band. D. Require avoidance for all significant and sacred archaeological sites which may be found during development. Avoidance is the preferred method of preservation under CEQA for such resources. E. Require Native American monitors to be present during all ground-disturbing activities. F. Provide for the compensation of tribal monitors at the expense of the Developer. 2. Additionally, the Band requests that Native American monitors be added as a mandatory requirement, in addition to any archaeological monitor required by state law. With these clarifications, the San Luis Rey Band believes that the mitigation measures described above will provide adequate protection for the cultural resources and human remains that may be discovered in the Project area. The Band intends to carefully monitor this Project to ensure that the requirements imposed by CEQA and SB 18 are rigorously applied for the duration of the Project. Page 2 of 3 Tribal Council Russell Eomo Captain Carmen Mojado Secretary of Government Relations Charlotte Herrera Secretary of Uie Treasury Tom Beltran Secretary of Economic Development AlCerda Secretary of Tribal Ethics and Information Clara Guy Tribal Elder • Henry Contreras Caundl Member Mel Vernon Council Member Mary Lou Beltran Council Member Carrie Lopez Tribal Advisor Merri Lopez, Esq. Tribe Legal Advisor SAN LUIS REY BAND of Mission Indians The Band truly appreciates the commitment of to continue consultation with the Tribe during the^roject. We look forward to continuing this positive relationship and we thank you for your assistance hi protecting our invaluable Luiseno cultural resources. Sincerely, Contact information 1889 Sunset Drive Vista, CA 92081 Tel: (760) 724-8505 Fax:(760)724-2172 Revised: 01 (i5 Russell Romo, Tribal Captain San Luis Rey Band of Mission Indians Page 3 of 3 FILE COPY City of Carlsbad Planning Department June 18,2008 Russell Romo Tribal Captain San Luis Rey Band of Mission Indians 1889 Sunset Drive Vista, CA 92081 RE: ENVIRONMENTAL REVIEW OF THE CITY OF CARLSBAD'S BIKEWAY MASTER PLAN-EA 06-11 Thank you for submitting comments on the Draft Negative Declaration (ND) for the City of Carlsbad Bikeway Master Plan (SCH No. 2008041029). Your letter dated May 30, 2008 requests that the developer must execute a Pre-Excavation Agreement with the Band prior to any ground-disturbing activities on the project site, and that a Native American monitor be added as a mandatory requirement, in addition to any archaeological monitor required by state law. However, adoption of the Bikeway Master Plan does not include a proposal for physical development of any site, and it does not propose or affect any policy or standard that would cause a substantial adverse change in the significance of a historical, archeological, paleontological or geological resource, or disturb any human remains. The Bikeway Master Plan provides recommendations for the construction of future bikeway networks consisting of Class I bike paths, Class II bike lanes, Class III bike routes, and bikeway support facilities (e.g., bicycle parking racks). Class II bike lanes and Class III bike routes will primarily be located within existing public right-of-ways, which will involve striping for Class II bike lanes and signage for Class III bike routes. This Negative Declaration will satisfy the environmental review requirement pursuant to CEQA for these types of projects. However, Class I bike paths and any future Class II bike lanes or Class III bike routes requiring the expansion of the public right-of-way or street improvements will be subject to further environmental review pursuant to CEQA and will include all appropriate assessments and technical studies on a project specific basis. As such, the Bikeway Master Plan will not have any adverse effects on historical resources. Thank you again for your comments. Sincerely, PAM DREW Associate Planner c: Steve Jantz, Associate Engineer, City of Carlsbad 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us FILE copyCity of Carlsbad*™» Planning Department June 5, 2008 Dave Singleton Program Analyst Native American Heritage Commission 915 Capitol Mall, Room 364 Sacramento, CA 95814 RE: ENVIRONMENTAL REVIEW OF THE CITY OF CARLSBAD'S BIKEWAY MASTER PLAN-EA 06-11 Thank you for submitting comments on the Draft Negative Declaration (ND) for the City of Carlsbad Bikeway Master Plan (SCH No. 2008041029). Your letter dated April 23, 2008 states that CEQA requires that any project that causes a substantial adverse change in the historical resources, that includes archaeological resources, is a 'significant effect' requiring the preparation of an EIR. However, adoption of the Bikeway Master Plan does not include a proposal for physical development of any site, and it does not propose or affect any policy or standard that would cause a substantial adverse change in the significance of a historical, archeological, paleontological or geological resource, or disturb any human remains. The Bikeway Master Plan provides recommendations for the construction of future bikeway networks consisting of Class I bike paths, Class II bike lanes, Class III bike routes, and bikeway support facilities (e.g., bicycle parking racks). Class II bike lanes and Class III bike routes will primarily be located within existing public right-of-ways, which will involve striping for Class II bike lanes and signage for Class III bike routes. This Negative Declaration will satisfy the environmental review requirement pursuant to CEQA for these types of projects. However, Class I bike paths and any future Class II bike lanes or Class III bike routes requiring the expansion of the public right-of-way or street improvements will be subject to further environmental review pursuant to CEQA and will include all appropriate assessments and technical studies on a project specific, basis. As such, the Bikeway Master Plan will not have any adverse effects on historical resources. Thank you again for your comments. Sincerely, RAM DREW Associate Planner c: Steve Jantz, Associate Engineer, City of Carlsbad 1835 Faraday Avenue • Carlsbad, CA 92008-7314 • (780) 802-4600 * FAX (760) 602-8559 • www.ci.carlsbad.ca.us City FILE COPY of Carlsbadfw6r*7 Planning Department June 5, 2008 Jacob Armstrong Development Review Branch Chief Department of Transportation District 11 4050 Taylor Street San Diego, CA92110 RE: ENVIRONMENTAL REVIEW OF THE CITY OF CARLSBAD'S BIKEWAY MASTER PLAN-EA 06-11 Thank you for submitting comments on the Draft Negative Declaration (ND) for the City of Carlsbad Bikeway Master Plan (SCH No. 2008041029). Your letter dated May 6, 2008 states your concern with a statement in the City's environmental document that implies that no bicycles are allowed on access-controlled freeways within the State of California. As you stated in your letter there are at least 10 different locations in Caltrans District 11 where bikes can ride on the shoulders on parts of I-5, I-805, I-8, and 1-15, but only where signs permit their entrance. However, within the City of Carlsbad there are no access ramps that allow bicyclists onto the freeways. The Bikeway Master Plan is specific to the City of Carlsbad and is not intended to be a broad statement of bike ways within the State of California. However, to avoid confusion we will clarify in the Bikeway Master Plan that the portion of I-5 that runs through Carlsbad does not allow bicycle access. The Bikeway Master Plan will also be amended to clarify that the City will secure approvals of other agencies where needed. Thank you again for your comments. Sincerely, RAM DREW Associate Planner c: Steve Jantz, Associate Engineer, City of Carlsbad 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (780) 602-4800 « FAX (780) 802-8559 • www.ci.carlsbad.ca.us City FILE COPY of Carlsbad^ 4 Planning Department June 5, 2008 Rosa Munoz, PE Utilities Engineer Rail Crossings Engineering Section Consumer Protection & Safety Division 320 West 4th Street, Suite 500 Los Angeles, CA 90013 RE: ENVIRONMENTAL REVIEW OF THE CITY OF CARLSBAD'S BIKEWAY MASTER PLAN -EA 06-11 Thank you for submitting comments on the Draft Negative Declaration (ND) for the City of Carlsbad Bikeway Master Plan (SCH No. 2008041029). Your letter dated April 25, 2008 states that the California Public Utilities Commission (CPUC) has jurisdiction over the safety of the highway-rail crossings in California, and that the Public Utilities Code requires Commission approval for the construction or alteration of crossings and grants the Commission exclusive power on the design, alteration, and closure of crossings. The adoption of the Bikeway Master Plan does not include a proposal for physical development of any site, and it does not propose any construction that would alter or close any railroad crossings or interfere with rajlroad operations. The Bikeway Master Plan provides recommendations for the construction of future bikeway networks consisting of Class I bike paths, Class II bike lanes, Class III bike routes, and bikeway support facilities (e.g., bicycle parking racks). Class II bike lanes and Class III bike routes will primarily be located within existing public right-of-ways, which will involve striping for Class II bike lanes and signage for Class III bike routes. This Negative Declaration will satisfy the environmental review requirement pursuant to CEQA for these types of projects. However, Class I bike paths and any future Class II bike lanes or Class III bike routes requiring the expansion of the public right-of-way, or street improvements will be subject to further environmental review pursuant to CEQA on a project specific basis. Class I bike paths that may be proposed in the future within the NCTD public right-of-way, such as the Coastal Rail Trail, will require meetings with the appropriate Commission's Rail Crossing Engineer Section staff and NCTD to discuss the project. A statement will be added to the Bikeway Master Plan clarifying that the City will coordinate with other agencies including the CPUC as needed. As such, the Bikeway Master Plan will not have any impacts on railroad operations. Thank you again for your comments. Sincerely, RAM DREW Associate Planner C: Steve Jantz, Associate Engineer, City of Carlsbad 1635 Faraday Avenue * Carlsbad, CA 92008-7314 » (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us